Backup Documents 04/10/2007 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
APRIL 10, 2007
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
April 10, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala" District 1; CRAB Chairman (arrived at 1:30 P.M.)
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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AprillO, 2007
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Captain Alejandro Castillo, The Salvation Army
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 4/0 (w/ the exception to Item
#16F3 - Commissioner Halas opposed) (Commissioner Fiala absent)
B. January 12,2007 - BCC/Annexation Meeting
Approved as presented - 4/0 (Commissioner Fiala absent)
C. March 13,2007 - BCC/Regular Meeting
Approved as presented - 4/0 (Commissioner Fiala absent)
D. March 19,2007 - BCC/East Naples Fire Control District Workshop
Approved as presented - 4/0 (Commissioner Fiala absent)
E. March 20, 2007 - BCC/School Board Joint Workshop
Approved as presented - 4/0 (Commissioner Fiala absent)
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AprillO, 2007
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-vear Recipients
1) Ms. Susan Becker - Tourist Development Council
Presented
4. PROCLAMATIONS
A. Proclamation designating April as Water Conservation Month. The State of
Florida, Water Management Districts and Collier County are working
together to increase awareness about the importance of water conservation.
To be accepted by Mr. Paul Mattausch, Director, Water Administration
Department and Mr. Clarence Tears, Director, Big Cypress Basin, South
Florida Water Management District.
Adopted - 4/0 (Commissioner Fiala absent)
B. Proclamation designating April 22, 2007 as EARTH DAY IN COLLIER
COUNTY. Collier County wishes to join millions of people across the globe
in maximizing awareness and celebration of this day. To be accepted by Mr.
Raymond Smith, Director, Pollution Control and Prevention; Mr. Dan
Rodriguez, Director, Solid Waste; and Mr. John Yonkosky, Director, Utility
Billing and Customer Service.
Adopted - 4/0 (Commissioner Fiala absent)
C. Proclamation designating April 10, 2007 as Guadalupe Center of Immokalee
Day and to recognize that the lives of the families and residents of
Immokalee are forever changed because of the partnership between the
Guadalupe Center and the community ofImmokalee and residents of Collier
County. To be accepted by Mr. Desmond Barrett, Director of Early
Childhood Education, Guadalupe Center of Immokalee.
Adopted - 4/0 (Commissioner Fiala absent)
D. Proclamation to designate April 9-13, 2007 as THE 28TH ANNIVERSARY
OF KNOW YOUR COUNTY GOVERNMENT WEEK to recognize that
increasing one's knowledge of how various aspects of county government
works can enhance an individual's quality oflife in Collier County. To be
accepted by two Naples-area high school students: Anthony Esparza from
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April 10, 2007
Naples High School and Stephanie Alvarez from Barron Collier High
School.
Adopted - 4/0 (Commissioner Fiala absent)
E. Proclamation designating the month of April as Child Abuse Prevention
Month to bring attention to the community to increase their participation in
our efforts to support families, thereby preventing child abuse and
strengthening the communities in which we live. To be accepted by Mr. Ron
McSwiney, Executive Director, Youth Haven Inc.
Adopted - 4/0 (Commissioner Fiala absent)
F. Proclamation designating May 13-19,2007 as Tourism Week in Collier
County to recognize the importance of travel and tourism in our community.
To be accepted by Mr. Jack Wert, Director, Department of Tourism.
Adopted - 4/0 (Commissioner Fiala absent)
5. PRESENT A TIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the September 12. 2006 BCC meetine; and
the December 12. 2007 BCC meetine; and is further reauested by the
petitioner to be continued indefinitely. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples,
LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson &
Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a
Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) by amending the approved Windstar PUD to add the
subject 20.52 acres and its additional residential units thereby allowing a
maximum of 584 residential units on 341.1 acres. The subject property is
generally located on the west side of Bayshore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East)
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April 10, 2007
intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East,
Collier County, Florida.
Motion to continue item to no earlier than December 1, 2007-
Approved 4/0 (Commissioner Fiala absent)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SNR-2007-AR-11244
(AB) The Philharmonic Center for the Arts, represented by Joseph Crowley,
Jr, is requesting a street name change. The application proposes to change to
Myra Janco Daniels Boulevard that portion of West Boulevard on the north
side of Seagate Drive to its intersection with Pelican Bay Boulevard. The
street is located in the southernmost section of Pelican Bay, just north of
Seagate Drive and west of the Tamiami Trail North (US Rt. 41), Section 9,
Township 49 South, Range 25 East, Collier County, Florida.
Resolution 2007-90 Adopted 5/0
Moved from Item #17D
C. Request to Approve an Amendment to Collier County Ordinance No. 79-8,
as Amended, the Collier County Vessel Control Ordinance; by Amending
Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in
Naples Bay and to Direct Staff to Prepare a Waterway Permit Application
Ordinance 2007-38 Adopted 4/1 (Commissioner Halas opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Immokalee EZDA.
Resolution 2007-82 Appointing Richard Heers, Julio Estremera, Ana
Salazar, Bob Soter, and waiving term limits for Richard Rice, Ira J.
Malamut and Floyd Crews and confirmation of Carol Sykora as the
Code Enforcement Officer - Adopted 4/0 (Commissioner Fiala absent)
B. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2007-83 Appointing Rosalina M. Martinez and Valaree D.
Maxwell- Adopted 4/0 (Commissioner Fiala absent)
C. Appointment of member to the Industrial Development Authority.
Resolution 2007-84 Appointing Thad D. Kirkpatrick - Adopted 4/0
(Commissioner Fiala absent)
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April 1 0, 2007
D. Appointment of member to the Educational Facilities Authority.
Resolution 2007-85 Appointing Clay W. Cone - Adopted 4/0
(Commissioner Fiala absent)
E. Appointment of member to the Tourist Development Council.
Resolution 2007-86 Appointing Clark Wakefield HiII- Adopted 4/0
(Commissioner Fiala absent)
F. Appointment of member to the Collier County Airport Authority.
Motion to re-advertise - Approved 4/0 (Commissioner Fiala absent)
G. Recommendation to adopt a Resolution of the Board of County
Commissioners to support additional funding for Florida Forever and the
creation of a successor program. (Commissioner Coletta)
Resolution 2007-87 Adopted - 4/0 with a letter to be sent with the
recommendation that State government reduces their spending on
non-essential programs (Commissioner Fiala absent)
H. This item to be heard at 6:00 p.m. Telephone conference with Collier
County's Legislative Delegation in Tallahassee to discuss on-going
legislative proposals for Property Tax Reform. (Commissioner Coletta)
Discussed
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners of Collier
County, Florida, adopt a Resolution approving an application for a
Charitable Organization Impact Fee Waiver, in accordance with Section 74-
203(i) of the Collier County Code of Laws and Ordinances (The Collier
County Consolidated Impact Fee Ordinance), in the amount of$lOO,OOO, for
Collier Health Services, Incorporated and approve a reimbursement of
impact fees, in the amount of$lOO,OOO paid on Building Permit No.
2006091892.(Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
Resolution 2007-88 w/c1arification of impact fee deferrals due to
changes of ownership of said property - Adopted w/ changes 4/0
(Commissioner Fiala absent);
Motion to bring forth an amendment to the Consolidated Impact Fee
Ordinance in regards to businesses - Approved 4/0 (Commissioner
Fiala absent)
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AprillO, 2007
B. To receive Board approval to enter into two agreements with the South
Florida Water Management District, Agreement No. 4600000625 and
Agreement No. 4600000627, providing funding assistance for construction
of Phase lA of the Lely Area Stormwater Improvement Project in the
amount of$I,190,000 and $800,000 of funding assistance for construction
of the Gateway Triangle Stormwater Improvement Project. (Norman Feder,
Administrator, Transportation Services)
Approved - 4/0 (Commissioner Fiala absent)
C. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple, Temporary Construction Easements and
Perpetual, Non-Exclusive Access, Drainage and Maintenance Easement
interests necessary for the construction of Phase 1 B South of the Lely Area
Stormwater Improvement Project (LA SIP). (Capital Improvement Element
No. 291, Project No. 511012). Estimated fiscal impact: $960,000.00.
(Norman Feder, Administrator, Transportation Services)
Resolution 2007-89 Adopted - 4/0 (Commissioner Fiala absent)
Moved from Item #16Dl
D. Recommend approval of budget amendment moving $25,000 from Fund 183
reserves to establish funding for a Site Selection Study to identify primary
and alternate locations for a proposed Keewaydin Island Ferry Shuttle and
Park Facility. It is recommended that this contract be performed by Johnson
Engineering for time and material costs not to exceed $25,000
Denied 2/3 (Commissioner Halas, Commissioner Coyle, and
Commissioner Fiala opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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April 10, 2007
A. Summers: Presented the Wildfire Situation Report and updated the
Commissioners on the County's drought conditions.
B. Mudd: Presented Fred Thomas' letter asking the board to cease zoning
code violations regarding zoning until the Immokalee Master Plan and
Overlay Maps are adopted by the Board - to be brought back to a
future meeting for further discussion
C. Mudd: Winchester Head update - to be brought back to a future
meeting for further discussion
D. Weigel: Annual Cinco de Mayo Festival
E. Henning: Consolidation Meeting with the fire districts - discussing the
ALS program countywide
F. Henning: Meeting procedures that were sent by County Attorney;
Motion for staff to draft an amending ordinance regarding county
board meeting procedures
G. Henning: Beach access for Delenor Wiggins Pass/State Park
H. Coyle: Letter from a concerned citizen regarding an on-line company
that checks a person's legal status for employment
I. Halas: Asked Commissioner Coyle for an advance for travel to
Tallahassee with the EDC - Coyle to transfer $1000 from his travel
budget to Halas's travel budget
J. Halas: District 2 Open House will be presented on Collier TV
K. Fiala: District 1 Town Hall Meeting will be on Thursday April 12, 2007
L. Henning: A constituent expressed concern that an employee (County
Manager) was bashing a legislator.
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with changes - 4/0 (With the exception to Item #16F3-
Commissioner Halas opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item. all
participants are reQuired to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
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April 10, 2007
for the final plat of Cardinal Cove at Fiddlers Creek. The roadway and
drainage improvements will be privately maintained
Resolution 2007-77
2) Recommendation to approve final acceptance of the water and sewer
facilities for Summit Place in Naples, Phase
W /Release of the Utilities Performance Security
3) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are reQuired to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Verona walk Townhomes Phase One. The roadway
and drainage improvements will be privately maintained.
Resolution 2007-78
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase IA.
W /Release ofthe Utilities Performance Security
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase lB.
W /Release of the Utilities Performance Security
6) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of "Manchester Square Unit 1"
W /stipulations
7) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Lipari-Ponziane Tract GC-5
Replat.
W /stipulations
8) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions: Kite
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April 1 0, 2007
Kings Lake, LLC and Cricket Lake Apartment, LLC.
Acknowledging compliance and recovery of fines/fees
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
two (2) Adopt-A-Road Program Agreements with four (4) recognition
signs at a total cost of$300.00
Recognizing The Black Bear Road Group and Gabe the Granite
Guy
2) Recommendation to award bid #07-4119 Livingston Road Phase 1, 2,
3, and 5 Grounds Maintenance to Commercial Land Maintenance at a
base amount of$359,596.10. (Project # 600714, 620715, and 650414)
Located at Radio Road to Vanderbilt Beach Road and Immokalee
Road to the Collier/Lee County line
3) Recommendation to authorize the Chairman of the Board of County
Commissioners or his designee to execute the attached Shirley Conroy
Rural Area Capital Equipment Support Grant and the applicable
documents, and to accept the grant if awarded.
Resolution 2007-79
4) Recommendation to approve a budget amendment in the amount of
$6,697 from Livingston Road (Radio Road to Pine Ridge Road),
project #600714 to recognize unanticipated revenue for FY 2007.
Funds to replace materials damaged and/or removed during the
construction of the new driveway for the Marquesa Plaza
5) Recommendation that the Board approve a funding change and budget
amendment to move the Goodlette Frank Road Landscape Project
from Gas Tax Fund (313) in the amount of $896,896 that was
approved by the BCC on January 23,2007 to be funded from the
General Fund (001).
6) Recommendation to endorse a project approach for replacement of
failing stormwater pipes of the Egret and Mockingbird Lake pipe
system in the Pine Ridge Subdivision (Project 510252) including
acceptance of two (2) donated drainage easements and reimbursement
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AprillO, 2007
to Thomas and Sandra Moran for construction and material cost
associated with one pipe installation estimated to be $52,800.
C. PUBLIC UTILITIES
1) Recommendation to award Work Order BE-FT-3785-07-02 with
Boyle Engineering Corporation, for professional services for the West
Winds Potable Water System Rehabilitation in the amount of
$298,960 - Project Number 710102.
Home to over 700 customers
2) Award Bid #07-4087 to Creel Tractor of Fort Myers for the purchase
of two (2) Skid Steer Loaders in the amount of$73,540.
Used to pick up material collected in large quantities
3) Recommendation to award Work Order # MS-FT-3535-07-01 under
the Annual Contract for Underground Utility Contracting Services #
04-3535 to Mitchell & Stark Construction Co., Inc., in the amount of
$429,900 for the replacement of a Caustic Tank and the addition of a
Bleach Tank at the North County Regional Water Treatment Plant
(NCRWTP), and to authorize a budget amendment in the amount of
$104,895, Project Number 700953.
Used in the odor control process and for corrosion control
D. PUBLIC SERVICES
Moved to Item #10D
1) Recommend approval of budget amendment moving $25,000 from
Fund 183 reserves to establish funding for a Site Selection Study to
identify primary and alternate locations for a proposed Keewaydin
Island Ferry Shuttle and Park Facility. It is recommended that this
contract be performed by Johnson Engineering for time and material
costs not to exceed $25,000
2) Recommendation to approve the grant award from National Fish and
Wildlife Foundation in the amount of$132,196 for the Collier County
Sea Turtle Disorientation Prevention Plan and proceed with
development of an Inter-local Agreement with the City of Naples and
approve any necessary budget amendments.
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AprillO, 2007
By replacing current lighting and by planting light screening
vegetation at beach access points
3) Recommendation to approve the Summer Food Service Program
Grant in the Amount of$761,000 for FY 2007
Providing free meals to children in qualifying neighborhoods
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of February 21, 2007 through March 9, 2007
2) Recommendation to approve the award of Contract No. 07 - 4103
County Mail Center Operations and Delivery Services to
Mailbarcoding Investments of Southwest Florida, LLC d/b/a
Mailbarcoding Services ofSWFL estimated at $81,000 annually.
Used by the county for meter mail and presorted mail products
F. COUNTY MANAGER
1) Recommendation to approve a FY 06 Assistance to Firefighters grant
agreement from the U. S. Department of Homeland Security Office
for Domestic Preparedness for replacement of obsolete old self-
contained breathing apparatus, approve the purchase of airpacks and
related equipment for a total cost of$68,180.66, and approve the
necessary budget amendments.
For the Isles of Capri Fire and Rescue
2) Recommendation to approve a Modification to the Fiscal Year 2007
Emergency Management Preparedness and Assistance Grant
accepting $42,031 and approve a Budget Amendment to recognize
and appropriate the revenue.
3) Recommend approval of a resolution supporting passage of Florida
Senate Joint Resolution 436 to prohibit offshore oil drilling within 250
miles of the Florida coastline.
Resolution 2007-80
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AprillO,2007
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area.
Owned by Jeffery and Darlene Lowe, located at 1701 Bay Street
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Medicare Health Support Open House at North Collier Regional Park,
15000 Livingston Road, on March 30, 2007. $3.00 to be paid from
Commissioner Halas' travel budget.
2) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Mickey Biondo Speaker Series Luncheon at The Club Pelican Bay on
April 20, 2007. $16.00 to be paid from Commissioner Halas' travel
budget.
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Philharmonic 25th Anniversary Gala Dinner at the Ritz
Carlton in Naples, Florida on March 31, 2007. $243.00 to be paid
from Commissioner Halas' travel budget.
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Annual Isles of Capri Picnic on Saturday, March 24,2007; $15.00 to
be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the Key
Private Bank Reception featuring Colin Powell on March 23, 2007, at
the Alico Arena; $25.00 to be paid from Commissioner Fiala's travel
budget.
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April lO, 2007
6)
Withdrawn
7)
8)
9)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Marco Island Kiwanis Club Blue Grass Festival on March 24, 2007;
$10.00 to be paid from Commissioner Fiala's travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Edison & Ford Estate "An Incandescent Evening" on April 19, 2007;
$5.00 funds to be paid from Commissioners travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Physicians Regional "The Flight to Fashion" Style Show Fundraiser
on March 31,2007 at the MI Marriott Hotel; $35.00 to be paid from
Commissioner Fiala's travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Marco Island Marriott Rededication event on April 17,2007; $40.00
to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of March
17,2007 through March 23,2007 and for the submission into the
official records of the board.
2) To obtain board approval for disbursements for the period of March
24, 2007 through March 30, 2007 and for submission into the official
records of the board.
3) Request that the Board of County Commissioners authorize staff to
amend Collier County Ordinance No. 78-56 and Collier County
Ordinance No. 87-16, as amended, to amend the Ordinances definition
of "Alcoholic beverages," and to specify that witness testimony is
Page 14
April 10, 2007
valid to prove alcoholic beverage violations.
K. COUNTY ATTORNEY
1) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Ali R. Ghahramani MD Investment Limited Partnership,
for Parcels 815 and 915 in the amount of$21,287.00 in the lawsuit
styled Collier County v. Colonnade on Collier Blvd. LLC, et al., Case
No. 05-109l-CA (South County Regional Water Treatment Well field
Project #70892). (Fiscal Impact: $15,537.00).
A utility easement for a water line located on the east side of 951,
south of Lord's Way
2) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcels 708 and 808 in the lawsuit
styled CC v. Napoli Luxury Condominiums P.O.A., Inc., et al., Case
No. 06-1299-CA(County Barn Road Project No. 60101) Fiscal Impact
$64,465).
3) Recommendation to ratify authorization for the County Attorney to
file a lawsuit, on behalf of the BCC, against the Estate of Omar
Fernandez, deceased, & Patricia Gomez, individually & as Personal
Representative, to recover $7,465 in EMS transport fees.
4) Recommendation to approve the Stipulated Final Judgment for Parcel
840 in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually
and as Successor Trustee, et al., Case No. 03-2373-CA (Golden Gate
Parkway Project No. 60027) (Fiscal Impact $4,330)
5) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Mitchell Fairchild vs. Collier County
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 06-270-CA, for $10,500.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
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April 1 0, 2007
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VESMT -2006-AR-l 0504, Palazzo Village, disclaiming,
renouncing and vacating the Countys and the Publics interest in a portion of
a fifteen foot wide drainage easement recorded in Official Records Book
1498, page 1042 of the Public Records of Collier County, Florida, and more
specifically described in Exhibit A.
Resolution 2007-81
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-6921,
Dwight Nadeau Of RWA, INC., representing Habitat for Humanity of
Collier County, Inc., requesting a rezone from Residential Single-Family
District (RSF-4) to Residential Planned Unit Development (RPUD) to be
known as Faith Landing RPUD subject to the approval of an Affordable
Housing Density Bonus Agreement for property located approximately 1/8
mile north of Lake Trafford Road, approximately 1/4 mile south of Westclox
Street extension, in Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
Ordinance 2007-35
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2006-AR-97 1 6:
3301 Westview Drive LLC and 3375 Westview Drive LLC, represented by
D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A.,
requesting approval of a rezone from the Industrial (I) zoning district to the
Commercial Planned Unit Development (CPUD) zoning district for a project
to be known as Liebig CPUD. The subject property, consisting of 4.3+ acres,
is located on the northeast corner of Airport Road (C.R. 31) and Westview
Drive, in Section I, Township 50 South, Range 25 East, Collier County
Florida.
Ordinance 2007-36
Page 16
April 1 0, 2007
Moved to Item #8C
D. Request to Approve an Amendment to Collier County Ordinance No. 79-8,
as Amended, the Collier County Vessel Control Ordinance; by Amending
Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in
Naples Bay and to Direct Staff to Prepare a Waterway Permit Application
E. Request that the Board of County Commissioners enact the attached
Ordinance, recommended by Sheriff Hunter, to establish policy regarding
physical separation at emergency shelters between potential sex crime
victims and sexual predators and sexual offenders; providing for conflict and
severability, inclusion into the Code of Laws and Ordinances, and the
effective date.
Ordinance 2007-37
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 17
April 10, 2007
2A
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 10, 2007
Item 16A7: The location/site map for this project was omitted from the agenda packet. Copies
have been distributed. (Staffs request.)
Item 16B3: The agenda title should read: Recommendation to authorize the Chairman of the
Board of County Commissioners (rather than "County Manager or his designee") to execute the
attached Shirley Conroy Rural Area Capital Equipment Support Grant Application and to accept
the grant if awarded. (Staffs request.)
Item 16B6: The following note of explanation is to be added under Considerations: The $19,250
is for design and inspection of the Egret and Mockingbird lake outfalls for which Collier County
is currently under contract and budgeted with Q. Grady Minor & Associates under Project No.
510252, Fund 325. The $52,800 is for construction only of one of the four pipe runs for the Egret
and Mockingbird outfall. The cost of construction ($52,800) will require a budget amendment.
(Commissioner Coyle's request.)
Move 1601 to 100: Recommend approval of budget amendment moving $25,000 from Fund 183
reserves to establish funding for a Site Selection Study to identify primary and alternate locations
for a proposed Keewaydin Island Ferry Shuttle and Park Facility. It is recommended that this
contract be performed by Johnson Engineering for time and material costs not to exceed $25,000.
(Commissioner Fiala's and Commissioner Halas' request.)
Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the Edison & Ford Estate "An
Incandescent Evening" on April 19, 2007; $5.00 funds to be paid from Commissioner's travel
budget. (Commissioner Fiala's request.)
Move Item 170 to 8C: Request to approve an Amendment to Collier County Ordinance No. 79-8,
as amended, the Collier County Vessel Control Ordinance; by amending Section Five, Speed
Limit in Certain Areas, to establish the speed zones in Naples Bay and to direct staff to prepare a
Waterway Permit Application. (Commissioner Coyle's and Commissioner Halas' request.)
Time Certain Items:
Item 9H to be heard at 6:00 p.m. Telephone conference with the County's Florida Delegation in
Tallahassee to discuss on-going legislation proposals for property tax reform.
4A
PROCLAMA TION
WHEREAS, water is a basic and essential need of every living creature,' an~
WHEREAS, the State of Florida, Water Management Districts and Collier County
are working together to increase awareness about the importance of
water conservation and acknowledges that water conservation is an
effective and efficient method to preserve our water supplies and can
be tailored to local conditions and water users,' an~
WHEREAS, Collier County and the State of Florida has designated April, typically a
dry month when water demands are most acute, Florida's Water
Conservation Month, to educate citizens about how they can help save
Florida's precious water resources/ an~
WHEREAS, Collier County has always encouraged and supported water conservation,
through various educational programs and special events/ an~
WHEREAS, every business, industry, school and citizen can make a difference when
it comes to conserving water,' an~
WHEREAS, every business, industry, school and citizen can help by saving water and
thus promote a healthy economy and community.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the month of AprIl be designated as
WATER CONSERVATION MONTH
and call upon each citizen and business to help protect our precious
resource by practicing water saving measures and becoming more aware of
the need to save water.
DONE AND ORDERED THIS Jdh day of April, 200T
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PROCLAMA TION
WHEREAS, a sound naturol environment is the foundation of a healthy society and a
robust economy; and,
WHEREAS, local communities can do much to reverse environmental degradation and
contribute to building a healthy society by addressing issues such as
energy use, transportation, and waste prevention; and,
WHEREAS, the environmental realities of our time require humans to make a
dramatic shift in our relationship to the earth; and,
WHEREAS, the citizens of Collier County have the opportunity to join millions of
people around the world in making a positive difference in reducing water
and air pollution, conserving resources and saving energy by recycling and
buying recycled products; and,
WHEREAS, the Public Utilities Divisions Solid Waste Management and Utility Billing
& Customer Service Departments, under the direction of the Collier
County Boord of County Commissioners, have worked diligently to develop
a multifaceted recycling program as a way to preserve valuable landfill
spoce and conserve natural resources; and,
WHEREAS, the Public Utilities Divisions Pollution Control & Prevention Deportment
proactively plans, develops, and efficiently implements programs that
protect the safety, health and welfare of the community and its
environment through the protection of Collier Countys groundwater,
freshwater, surface water and other water resources from all sources
of pollution.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that April 22, 2007 be designated as
EARTH DAY IN COLLIER COUNTY
and Collier County wishes to join millions of people across the globe in
maximizing awareness and celebration of this day.
DONE AND ORDERED THIS 10th Day of April, 2007.
ATTEST:
BOA!jl>-ef COUNTY COMMISSIONERS
~E'YCOUNTY FLO,
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DWIGHT E. BROCK, CLERK
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PROCLAMA TION
WHEREAS, the Guadalupe Center of Immokalee began its mission as a soup kitchen
serving residents in Collier County in J 982, and its Mission is to break
the cycle of poverty by providing educational, social, and other support
programs and resources for the community of Immokalee; and,
WHEREAS, the Guadalupe Center has expanded its program to serve over J 0,000
families a year through its Early Childhood Education Program, School
Age Program, Tutor Corps, Soup Kitchen, Clothing Room, Shower
Program, Resale Shop, and its special projects which partner with over
500 volunteers a year; and,
WHEREAS, the lives of the families and residents of Immokalee are forever
changed because of the partnership between the Guadalupe Center and
the community of Immokalee and residents of Collier County; and,
WHEREAS, the Guadalupe Center serves over 500 students through its many
programs geared to enriching the lives of Collier County's young children
ranging from the age of six weeks through eighteen years of age; and,
WHEREAS, the Guadalupe Center provides college enrichment, scholarships, and
mentorlng opportunities through its G.A.P. (Guadalupe After School
Program), and the Tutor Corps programs, which work in partnership with
residents of Marco Island; and,
WHEREAS, the Guadalupe Center recognizes the charitable contributions of
communities such as Wyndermere, Colliers Reserve, Boy Colony, Port
Royal, Olde Naples, Banyan Woods, and numerous churches, and civic
groups in Collier County.
NOW THEREFORE. be it proclaimed by the Boord of County Commissioners of Collier
County, Florida, that AprilJ 0, 2007. be designated as
GUADALUPE CENTER OF IMMOKALEE DAY
in recognition of its continued service to the community of Immokalee.
DONE AND ORDERED THIS Jdh Day of April, 2007.
ATTEST:
,
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DWIGHr'E. BROCK, CLERK
40
PROCLAMA TION
WHEREAS, county government is a complex and multifaceted process which
affects the lives of all residents of Collier County; and,
WHEREAS, an increased knowledge of how various aspects of county
government work can enhance an individuals quality of life in
Collier County; and,
WHEREAS, it is desirable for all county residents to be knowledgeable of the
countys government and how it works; and,
WHEREAS, the League of Women Voters of Collier County, Collier County
University Extension/4-H Youth Development, and the Collier
County Public Schools have co-sponsored the Know Your County
Government Teen Citizenship program for 28 years.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of April 9 through April
J 3, 2007, be designated as
THE 2BTH ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT WEEK
DONE AND ORDERED THIS Jdh day of April, 2007.
BOARD OF COUNTY COMMISSIONERS
COLLI~ FLORIDA
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PROCLAMA TION
WHEREAS, every child in our community of Naples in Collier County is a precious
gift, full of promise and potential; and,
WHEREAS, child abuse and neglect is a serious problem in Collier County and across
our nation; and,
WHEREAS, child maltreatment occurs when people find themselves in stressful
situations, without community resources, and don't know how to cope;
and,
WHEREAS, preventing child abuse and neglect is a community problem that depends
on shared involvement among people throughout the community and
organizations such as Youth Haven, whose programs provide immediate
protection of suffering children, support and information to families as
well as community awareness; and,
WHEREAS, child abuse and neglect not only directly harms children, but also
increases the likelihood of criminol behavior, substance abuse, health
problems, and risky behavior; and,
WHEREAS, all citizens of Collier County should become involved in supporting families
in raising their children in a safe, stable, nurturing environment; and,
WHEREAS, children are our most precious resource with bright and hopeful futures
and Youth Haven is committed to keeping the children who live in our
community safe and happy.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that April be designated as
CHILD ABUSE PREVENTION MONTH
and calls this observance to the attention of all in our community
to increase their porticipation in our efforts to support families,
thereby preventing child abuse and strengthening the communities
in which we live.
DONE AND ORDERED THIS J Oth Day of April, 2007.
ATTEST:
t1. 'NTY COMMISSIONERS
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ETTA, CHAIRMAN
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DWIGHT E. BROCK, CLERK
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PROCLAMA TION
WHEREAS, travel and tourism is the largest industry throughout Florida, employs
more than 1 million people and produces more than $60 billion in revenue
from taxable soles: and,
WHEREAS, the travel and tourism industry supports the vital interests of Collier
County, Florida and the United States, contributing over 30,000 jobs to
our community, economic prosperity, peace, understanding and goodwill:
and,
WHEREAS, 1.4 million visitors contributed nearly $1.2 billion to the economy of
Collier County in 2006: and,
WHEREAS, it is in the best interest of the citizens of Collier County to inform them
of the direct and indirect benefits of tourism: and,
WHEREAS, os travelers become more aware of Collier County's outstanding beaches,
golf, shopping, restaurants, and natural, historic and cultural activities,
travel and tourism WI'll become on increasingly important aspect in the
lives of our citizens: and,
WHEREAS, May 13-19, 2007 is being observed throughout the state of Florida and
the U. S. os Notional Tourism Week: and,
WHEREAS, given the contributions of travel and tourism to the economic, social and
cultural well-being of the citizens of Collier County, it is fitting that we
recognize the importance of travel and tourism to our community.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier
County, Florida, that May 13-19, 2007 be designated os
TOURISM WEEK IN COLLIER COUNTY
and that this proclamation be acknowledged by the Naples, Marco
Island, Everglades Convention & Visitors Bureau at their Fifth Annual
Tourism Awards Luncheon on May 16, 2007.
DONE AND ORDERED THIS 10th Day of Aprl1, 2007.
ATTEST:
.?AMES COLETTA, CHAIRMAN
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DWIGHT eo' BROCK, CLERK '
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please plaee the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv" loeation, etc,)
*.*.*.**.*.**...***.***.*.....-..._........_........_._.*_.........*....*.......-
Originating Dept! Div: Comm,Dev.Serv,lPlanning Person: Ashley Blair f<$l, Date: "i>~""1-
Petition No. (If none, give brief description):Re: Petition No, SNR-2007-AR-11244, Pelican Bay PUD
(DRI-77-1)
Petitioner: (Name & Address): Joseph Crowley, 5833 Pelican Bay Blvd" Naples, FL 34108
Name & Address of any person(s) to be notified by Clerk's Otfice: (If more space is needed, attach separate
sheet) Philharmonic Center For The Arts, 5833 Pelican Bay Blvd" Naples, FL 34108
Hearing betore BCC
BZA
Other
Requested Hearing date:
hearing.
Anril 10. 2007
Based on advertisement appearing 15 days betore
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & CORUDon location & Size: Petition: SNR-2007-AR-11244.
The Philharmonic Center for the Arts, represented by Joseph Crowley, Jr, is requesting a street name
change. The application proposes to change to Myra Janco Daniels Boulevard that portion of West
Boulevard on the north side of Seagate Drive to its intersection with Pelican Bay Boulevard. The street
is located in the southernmost section of Pelican Bay, just nortb of Seagate Drive and west of the
Tamiami Trail North (US Rt. 41), Section 9, Township 49 South, Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
advertising costs: 131-138326-649100
No If Yes, what account should be charged for
Reviewed by:
x1hJ'" Yn./~
1'Jepartment Head
Approved by:
Date
County Manager
List Attaclunents:
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 tbat 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 Receive~ -/ Lf-t) r_ Date of Public hearing:'-i -/ 0 - 01- Date Advertised: .3 - dE -0-:;
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RJ1SOLUTION NO. 2007 -
A RESOLUTION OF THE BOARD OJ! COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RENAMING THAT PORTION
OF WEST BOULEVARD, NORm OF SEAGATE DRIVE AND
SOUTH OF PELICAN BAY BOULEVARD, TO MYRA JANCO
DANIELS. BOULEVARD, WHICH STREET IS WCATED IN
PELICAN BAY UNIT ONE, SECTION 9. TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA: AND PROVIDING
ANEFFECTIVR DATE.
WHEREAS, the legislalure of Ute SllIIe of Florida byonllCting Soctioo 336.05, Florida
Statutes. has conf"ClTCd on all counties in Florida the po~r to name or rename srrect.s and roads,
excopt for certain state road.; and
WHEREAS, the County pursuant Utororo has adoptod Collier County Ordinance 2003-14,
codified as ChapW 22, Article X, of the Code of Laws and Ordinance. of Collier COunty,
Florida. which establishoa criteria and procedure. to rename: .truts or road.; and
WHEREAS. the Collier County Boanl of County Commi..io....(Boanl), has hold a
public hearing after providing notice as required by said ordinance and has considered the
advioability of granting the application of Jo.eph Crowley, agemt for petitiooer, Philharmonic
Center For The Arts. to rename that portion of West Boulevard. north of Seagate Drive and south
of Pelican Bay Boulevard. as dapiC10d on the plBt of Pelican Bay Unit On', recotdod in Plat
Book 12, Pag.. 47, et .eq.. of Ute Public RocordJ of Collier County, Florida, to Myra Janco
Daniel. Boulevan!, as iIlualr8ted on the attached Bxhibit A; and
WHERllAS, theBoanl has detennined that all criteria and requirements set forth in
Chaplcr 22, ArticleX, have been met, spc<:ifically tho.e .et forth in Section 22-357 as follow.;
"Public notification process when renaming streets or roadways:
The adminiatmive officiol shall conduct at least one neighborhood informational
meeting. This meeting sball be held 30 days prior 10 the above public hearing.
The location of the neighborhood Infolfll8rlon meeting should be reasonably
convenient to those property OWllOlS affected by the renaming of the strut or and
the facilities shall be of sufficient size to accommodate expected auendancc. TIle
administrative official shaD cause 11 display advertisement, in type no smaller than
12 \JOint and said advertisement shall not be placed In thot portion of the
newspaper where legol notice8 and classified advertisements appear. The
advertisement .shall state the purpose, location, and time of the meeting and shall
be placed with a newspaper of general circulation in the.county at least seven days
prior lD the neighborhood InfonnatiOIlll! meeting."
WHEREAS. the Board finds that there is no other street in incorporated or
unincorporated Collier County with the same name - or any similar sounding name as is being
requested.
NOW, THBRllPORE. BB rr RESOLVED BY THE BOARD OF COUNfY
COMMISSIONERS OF COlLIER COUNTY. FLORIDA thai:
. Effective this date, the name of that portion of W..t Boulevan!, described In the above
recitals and depicted in Pial Book 12, Pages 47, et seq., of Ute Public Rocords ofCollicr County,
Florida. ill clumgedto MytlI Janco Daniela Boulevan!, and is confirmed as such.
l'agelof2
88
l.8B
'. BE IT FURTIIER ~OL VED that this Resolution be recorded in the Public Records of
Collier County, Florida, and referenced upon the mapll of !he street and zoning atl..... of Collier
County. BIld the above.-referenced Plat.
Thi. Re.Olution adopted after motion, second and .uper-majority vol<: this _ day of
2OC1J .
ATTEST:
DWIGfIT E. BROCK, CLBRK
1I0ARD OP COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Cleri<
By:
JAMES COLBTTA. CHAIRMAN
Page 2 of2
.
~8B
SNR-2007-AR-11244-MYRA JANCO DANIELS BOULEVARD
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March 15, 2007
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: SNR-2007-AR-1l244 Pelican Bay PUD
Dear Legals:
Please advertise the above referenced notice on Sunday, March 25, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 131-138326-649100
NOTICE OF PUBLIC HEARING
~8B
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, April 10, 2007 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RENAMING THAT PORTION OF WEST BOULEVARD, NORTH OF SEAGATE DRIVE
AND SOUTH OF PELICAN BAY BOULEVARD, TO MYRA JANCO DANIELS BOULEVARD, WHICH
STREET IS LOCATED IN PELICAN BAY UNIT ONE, SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
Petition: SNR-2007-AR-11244, The Philharmonic Center for the Arts,
represented by Joseph Crowley, Jr., is requesting a street name change.
The application proposes to change to Myra Janco Daniels Boulevard that
portion of West Boulevard on the north side of Seagate Drive to its
intersection with Pelican Bay Boulevard. The street is located in the
southernmost section of Pelican Bay, just north of Seagate Drive and west
of the Tamiami Trail North (US Rt. 41), Section 9, 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
'ColJptyofCoUier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY qoURTi'1.9USE
3301 TAMIAMI TIiAIL EA'ST
P.O. BOX 4i.~044
NAPLES, FLOR1DA~,41 0 1-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 15,2007
Joseph Crowley
5833 Pelican Bay Blvd.
Naples, FL 34108
Re: Notice of Public Hearing to consider Petition
SNR-2007-AR-1l244 Pelican Bay PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Outt ~ Q.( .
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk,collier.fl.us
Dwight E, Brock
Clerk of Courts
COlJPty..ofCoUier
CLERK OF T-HlfclRCUIT COURT
COLLIER COUNTY p. URTPjPUSE
3301 TAMIAMI TJ,0\IL EA~T
P.O. BOX 4}~044 . ...
NAPLES, FLORIDA~~101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 15,2007
Philharmonic Center for the Arts
5833 Pelican Bay Blvd.
Naples, FL 34108
Re: Notice of Public Hearing to consider Petition
SNR-2007-AR-11244 Pelican Bay PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~D(
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
88
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
SNR-2007-AR-11244 Pelican Bay PUD
Attachments:
SNR-2007-AR-11244.doc; SNR-2007-AR-11244.doc
Hi,
Please advertise the attached on Sunday, March 25, 2007.
~
~
Thank you,
SNR-2007-AR-1l24
4.doc (23 KB)
SNR-2007-AR-1l24
4.doc (23 KB)
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@clerk.co II i er. fl.us)
1
88
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, March 15, 2007 9:40 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT686723.txt; SNR-2007-AR-11244 Pelican Bay PUD
1~1
lU
r:.'-~l
L:::.J
ATT686723.txt
(229 B)
SNR-2007-AR-1124
4 Pelican Bay...
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
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the IUldersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on March 25th 2007
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication ofthe 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,
t.~
I C':_~.._...._ _&" ~~__..~
\ ...n6UCUUl"-' V~ alUalllJ
Sworn to and subscribed before me
This 25th of March 2007
(.\\C~U~ ,--cll.\\C\JC'\\('( ~~
(Signature of notary public)
""'*'V:'~~~:;"_ Chanel A. McDonald
[.rib. "f;, MY COMMISSION ". DD2W1Ql EXPIRES
~1.~;;':""': June lV, 200/
...;f;,?f;,~~\t.'" !lONDED IHRU TROY i'~,I~ I~SU'WKE, iNC
FEI 59-2578327
'3&:a44
N'otlce Is hereby gJven
th.t the _ 01 CO\lnly
Commissioners of Col.
lIer'Co~~~II'ho.d a
S~~.~
B...d'.OIl!; lid.. FllIGl'.
AdndnlstrttlOn"lulfdltig,
ColUer _co. W1t~' Govern.'
T-I c~. . I iut
am .rllfT..... . ..lat.
tlft'&Jl\otU:I!l!I
~g~iM
c 'MM'ij~'6';:.\~ OF
COLLIER tOUNTY
F.LORI~~'RENAMINd
THAT P"".,ON OF WIST
BOULEVARDJ. ,NORTH OF
SEA'GATE, 'uR'VE AND
J'
V.
LOCIN- P LlCAH
tAy UNIT ON'-$IICTIQN
g.TOWtISHII'lfSOl/TH.,
RANOEarl/.COLLIER,
COUNTY FLQ A' AND'
PROVIOfllfi..., : EFFIC.,
T1VE lIAT'"
Petition: .SNR.2007-AR~:
11244. th6 Phnharmorilc.
cent... ro,tha,Arts. "".
ruented h Joseph
crOWley, Jr., II te"uest~
Ing a street name
change. The _Ion
prgpostl to. clianoe to
Myr. Janco Oanlels
Boulevard that portion
of West Boulevard on
thenorth11de ~1 SQ.
gat. DrIv. to Its Inl...
......n wltltPolk:an BaY .
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loe'lld'ln,. '~Uth.'
erl1ll1D1t '.' . ,:,1lf' I,d
can hY~: \ltt'no. -I't~f I
Se~e . . and~t
01 the Tam .mf Trail
N.rth (US... 'I) .$aC-
II." g. T.Wnshl. ,.
South, Ranae 25 East.
Collier COunty, FlorIda.
88
NOU: All __ "",h.
fna t..I~e~k_on any
n IltIn must r_.
m1&the CQUnty A<f.
~ .~ :.?::a
Item to- be addreued.
Individual _akarawW
be limited to !Lt!1f~
on llOY: Item. Ine '
tlon ,of an Indlvldu to
speakonbeh.lf of an
","",,_or.....pls
etlcour~ed. Jf 1'ecoo-
n'lzed' by, the Chal~, a
:ro.okesp.rson for a
~U~"~iZf4rI~'M~
I~to ,peak on an
PerJonswlshlng to have
written or. gt.aP'hicma-
terlals Included!n the
Board' agenda packets
must submit said ma-
.~erlaJ,a m[nlm~JP--Of
W_ "'lor .to tho ",.
~i'~~:
_ter .. ..In ~~ ~
sh I 'be su'mitted. to
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will lifeo",. a: pe._.
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AnY: 'perSO.R, who 'acld-
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record- Of the' proceed.
tnotHrtalnlno- thereto
,aft;d ,therefore, may
.need.. to ensure that a
~\record of the
...._In"" J, ",.d..
Whfelt':reeord .Inc.ua..
tho ","",on, On<! 0'/,.
denee' upon which tPle
_I'b_
B-
~A.
&at.. E BROCK,
By: Ann Jenrtelohn,
ii~I~HO.l~ww.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~ B
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, andlor information needed. If the document is already complete with the
'"'"
.,:. ,1/1
"I.
exceotion of tile Chairman's simature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson line#5t
Route to Addressee(s) Office Initials Date
(List in routin~ order)
).Judy Puig CDES Administration
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk ofCourl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bec Chairman's signature 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
Ashley Blair
Senior Planner,
Zonin and Land Dev. Review
April 10. 2007
Agenda Item Number
Phone Number
SNR Resolution (AR-I1244)
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on_ 4/10/07 _(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.
2.
3.
4.
5.
6.
213-2942
8B
Yes
(Initial)
~
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88
RESOLUTION NO. 2007 - ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RENAMING THAT PORTION
OF WEST BOULEVARD, NORTH OF SEAGA TE DRIVE AND
SOUTH OF PELICAN BAY BOULEVARD, TO MYRA JANCO
DANIELS BOULEVARD, WHICH STREET IS LOCATED IN
PELICAN BAY UNIT ONE, SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, the legislature of the State of Florida by enacting Section 336.05, F]orida ,.,
Statutes, has conferred on all counties in Florida the power to name or rename streets and roads,
except for certain state roads; and
WHEREAS, the County pursuant thereto has adopted Collier County Ordinance 2003- ]4,
codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County,
Florida, which establishes criteria and procedures to rename streets or roads; and
WHEREAS, the Collier County Board of County Commissioners (Board), has held a
public hearing after providing notice as required by said ordinance and has considered the
advisability of granting the application of Joseph Crowley, agent for petitioner, Philharmonic
Center For The Arts, to rename that portion of West Boulevard, north of Seagate Drive and south
of Pelican Bay Boulevard, as depicted on the plat of Pelican Bay Unit One, recorded in Plat
Book 12, Pages 47, et seq., of the Public Records of Collier County, Florida, to Myra Janco
Daniels Boulevard, as illustrated on the attached Exhibit A; and
WHEREAS, the Board has determined that all criteria and requirements set forth in
Chapter 22, Article X, have been met, specifically those set forth in Section 22-357 as follows:
"Public notification process when renaming streets or roadways:
The administrative official shall conduct at least one neighborhood informational
meeting. This meeting shall be held 30 days prior to the above public hearing.
The location of the neighborhood information meeting should be reasonably
convenient to those property owners affected by the renaming of the street or and
the facilities shall be of sufficient size to accommodate expected attendance. The
administrative official shall cause a display advertisement, in type no smaller than
12 point and said advertisement shall not be placed in that portion of the
newspaper where legal notices and classified advertisements appear. The
advertisement shall state the purpose, location, and time of the meeting and shall
be placed with a newspaper of general circulation in the county at least seven days
prior to the neighborhood informational meeting."
WHEREAS, the Board finds that there is no other street in incorporated or
unincorporated Collier County with the same name or any similar sounding name as is being
requested.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Effective this date, the name of that portion of West Boulevard, described in the above
's and depicted in Plat Book 12, Pages 47, et seq., of the Public Records of Collier County,
. '.nged to Myra Janco Daniels Boulevard. and is confirmed as such.
Page I of 2
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BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of
Collier County, Florida, and referenced upon the maps of the street and zoning atlases of Collier
County, and the above-referenced Plat.
This Resolution adopted after motion, second and super-majority vote this ~day of
~ \ ,2007.
ATTEST:
DWIGHT E. B~OCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ByJAMd-;g{M
By: Chul ~= ex .
Attest as .. I. tf Clerk
" lIllaturt 0111" .
Appr ed to' or
and I al f
Jeffrey
Managi
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COLLIER COUNTY GOVERNMENT 8 B
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive' Naples, Florida 34104
March 19, 2007
Dear Property Owner:
On Tuesday, April 10,2007 the Board of County Commissioners will consider approval
of Petition SNR-2007-AR-11244, renaming the street on which you own property to
change to change to Myra Janco Daniels BQulevard that portion of West Boulevard on
the north side of Seagate Drive to its intersection with Pelican Bay Boulevard. The street is .
located in the southernmost section of Pelican Bay, just north of Seagate Drive and west of
the Tamiarni Trail North (US Rt. 41). (See attached map for street location). The BCC
meeting begins at 9:00 A.M. and is held in the Board of County Commissioners Meeting
Room, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida.
If you have comments, please contact me at 213-2942.
Sincerely,
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Apr 06 07 08:03a
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239-514-7772
April 5, 2007
Board of Collier Cormty Commissioners
c/o Ashley Blair, Senior Planner
Collier Cormty Commrmity Development
Department of Zoning and Land Development Review
VIA FAX
RE: Petition SNR-2007-AR-11244 renaming West Boulevard north of Seagate
To The Board:
This letter will confirm that I rescind my name from the the petition requesting this street
name change.
I did not and do not intend for my signature to be construed as an approval by the Bridge
Way Villas Board or residents of this proposal.
Sincerely,
cft7f2< "'CUe-
Allan G'rGssnian
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April 5, 2007
Board of Collier County Commissioners
c/o Ashley Blair, Senior Planner
Collier County Community Development
Department of Zoning and Land Development Review
VIA FAX
RE: Petition SNR-2007-AR-11244 renaming West Boulevard north of Sea gate
To the Board:
There is considerable opposition in the Bridge Way community to renaming the north block of
West Boulevard. Therefore, the Bridge Way Board wishes to go on record as opposing this
petition. The president of the Bridge Way Board has rescinded his signature on the petition,
which he understood to be an individual signature in any case.
Our entire community of Bridgeway Villas -' 60 homes -- has a single entrance/exit onto this
block of West Boulevard. We are the ONLY community adjoining West that MUST use West
Boulevard to get to our homes. All the other property holders/petition signers are commercial
entities that back up to West Boulevard, and do not have a main entrance on West.
This renaming will therefore cause particular hardship to our residents for the following reasons:
I) It is already confusing to people looking for our location -- they must turn onto Seagate
(which is also labeled Pine Ridge); or onto Pelican Bay Boulevard (but NOT the Pelican Bay
Boulevard which intersects US 41 three miles further north), from 41, which is ALSO named
Tamiami Trail. So now they would need to also know that our block, only our block, of West
Boulevard, is not West either.
2) The proposed name is long and difficult to convey. "West" is short, easy to spell, and clearly
prOnOlll1ced when giving out directions.
3) Daniels Boulevard is easily confused with a very major street to the north of us in Ft. Myers.
4) In this age of automobile navigation systems and Mapquest, not to speak of current roadmaps,
this is sure to cause all sorts of confusion with emergency services, delivery services, and
visitors.
We would have no objection to a different street being named after Ms. Daniels.
Cont... .
Southwest Fcopcrty Manageme"t Corp., 10++ Castello Dr., Suite #z06, Naples, FL }+ I O}
Tel (Z}9)z61-}++O Fax(Z}9)z61-Z01,
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88
Bridge Way Villas Association, Inc.
Board of Collier County Conunissioners
c/o Ashley Blair, Senior Planner
April 5, 2007
Page Two
Signed:
Bridge Way Villas Association Board
, President
vlf..j" ~
Sheila Auray, Secretary _
%212
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Susan Pohlmann, Director
Cc: Frank Halas, County Commissioner District 2
Southwcst F ropcrty Managcment Corp., 10++ Castcllo Dr., Su;tc #206, Naplcs, FL )+1 0)
Tcl (2)9) 261-)4+0 Fax(2)9)261-201)
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BlairAshley
Page 1 01'1
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88
From: Adgbeach@aol.com
Sent: Thursday, March 29, 2007 1 :56 PM
To: BlairAshley
Subject: renaming of west blvd
Dear Mr. Blair, I have been given your email address as a site for talking about the re naming of West Blvd. to
Myra Janco Daniels or MJD blvd or whatever.. I am a resident of 675 Bridegeway lane off of West blvd. and I
do object to the name change.. It will be very hard to advise friends and services of this change and I fear
many car services and deliveries will never find there way here.. It is very pretenious to have this short
residential block named after Mrs Daniels.., if you wish.. why not the other side of the shopping center.. no
houses to deal with.. My neighbor mrs susan Schreiberg has requested that I include her name on this email..
as she does not haver ~ Her phone number for confirmation is ~hank you for your
time alexandra Grady ____
See what's free at AQl,.cQm.
3/29/2007
BlairAshley
Page I of I
€f'c-A l D1Jrt ~p{)rr~
88
From: SELMSW@aol.com
Sent: Thursday, March 29, 2007 3:48 PM
To: BlairAshley
Cc: HalasFrank
Subject: Renaming of West Blvd
Dear Ashley and The Board of County Commissioners,
Regarding the proposal to r~name the street on which we own~propei:ty, West Blvd, to
Myra Janco Daniels 13lvd, we Wduld find it extremely inconvenient. West is simple to give
directions to people coming here, rather than Myra Janco Daniels Blvd, which is not on any
map. West Blvd is West of US 41. Further, it is a commercial encroachment on our serene
way of life and not in keeping with our surrounding streets such as Ridgewood, Bentwood,
Gulf Park Drive.
We would like to suggest that a more appropriate renaming might be to rename Laurel
Oaks Blvd and Ridgewood where the Philharmonic is located. In fact the entrance to the
Philharmonic office is on Laurel Oaks Blvd. Another alternative might be to name the
circular main entrance to the Philharmonic Myra Janco Daniels Circle with a beautiful sign.
This involves no renaming, no change of address, and she would get more recognition as
people arrive for performances, or to buy tickets.
Thank you for your consideration of our situation as residents on West Blvd.
Abraham Petker
Selma Petker
See what's free at APL.com.
3/30/2007
BlairAshley
Page I of I
f:x::L: -I.. L \) l)I t (<(pO {t-".
8B
From: Suspohl@aol.com
Sent: Thursday, March 29, 2007 5:20 PM
To: BlairAshley
Subject: West Blvd. rename
I live in Bridge-Way villas, off West Blvd. We are the oniy residential complex on the street. I think the name
change is not good. We are a continuation of West Blvd across to Pelican Bay Blvd. The street that would be
good to honor Ms. Daniels would be Laurel Oaks Dr. since it sides with The Phil and the office entrance is on that
side.. It is also all commercial..
Susan Pohlmann
629 Brldgeway Ln
Naples, FI. 34108
See what's free at AOL.com.
3/30/2007
Page 1 of 1
fLL-e.. lOU[Jborto.
BlairAshley
8IL
From: WOhara2388@aoLcom
Sent: Thursday, March 29, 20078:51 PM
To: BlairAshley
Subject: CHANGING STREET NAME
DEAR MS. BLAIR,
I WOULD LIKE TO NOTE MY DISPLEASURE OVER THE NAME CHANGE OF WEST ROAD.
FURTHERMORE, I AM A MEMBER OF THE BOARD OF BRIDGEWAY VILLAS AND I BELIEVE THAT WHEN
MR. GROSSMAN SIGNED AS PRESIDENT, HE WAS MERELY SPEAKING FOR HIMSELF NOT THE
ENTIRE COMMUNITY. THERE HAVE BEEN ENOUGH CHANGES AT WATERSIDE AND I AM DEFINITELY
NOT IN FAVOR OF CHANGING THE STREET NAME OF WEST ROAD!
SINCERELY,
JANET AND WILL O'HARA
See what's free at AOL&Om.
3/30/2007
Page lof1
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BlairAshley
From: SAURAY@aol.com
Sent: Sunday, April 01,2007 1 :22 PM
To: BlairAshley
Subject: Name change for West Blvd.
Dear Ms. Blair,
As a home owner in Bridgeway for 16 years, I am writing to say that I am very much
opposed to the thought of changing West Blvd. to Myra Janco Daniels Blvd.
First of all we here in Bridgeway were never given notice that this was in the works until 1 0
days ago when our management company advised the Board members. Since then I have
seen one proxy with a date of Feb 2, 07.
We were given a snow job about the construction of Waterside and I don't think it is in good
feelings that we are taken advantage of again and so soon. We are the only residential
area on West Blvd north of Seagate and we Are members of the Pelican Bay Foundation
and yet we are being treated as second class citizens.
There are 2 streets in the immediate area which would be more appropriate and should be
deeply considered. One being Laaurel Oaks Blvd. and the other could be the south end of
Ridgewood Dr. which is between the Phil and the banks.
The long name of Myra Janco Daniels sounds like a big commercial street in a big city
and I also feel that there are two many streets in this city where the west side of 41 is
different than the east side which makes matters more confusing. West Blvd, is a nice easy
street from north to south to give drivers easy directions. I do hope there is no change.
Due to a medical conflict I cannot attend the meeting on April 10th so I would appreciate it if
you would pass this on to Mr Halas and whom ever else you feel it is necessary.
Thank you for reading my plea.
Sheila Auray
607 Bridgeway Lane
Naples, FI 34108
SglJCgy@aol.cQill
area on West Blvd. north of Seagate and we ARE members of The Pelican Bay Foundation
and yet we are being treated as second class citizens.
See what's free at AQl.cgJ!l.
4/2/2007
BlairAshley
f)::t -r-<
Louf\~~plYfO'-"
S-fJ-
From:
Sent:
To:
Subject:
mail.dnai@rcn.com
Friday, March 30, 2007 5:19 PM
BlairAshley
West Bivd. Name Change
Dear Ms. Blair:
As a resident of Bridgeway Villas, I am writing you to express my opposition to the proposed name change for West Blvd.
Currently, we have some difficulty with deliveries within Bridgeway because of the name change of Pine Ridge to Seagate
just two blocks from our community entrance. An additional change at the entrance would add to the confusion and
make it more difficult for delivery personnel to find us. Furthermore, the name Myra Janco Daniels is too long, difficult to
spell and pronounce. It seems totally inappropriate to be a street name. This change will also contribute to the over-
commercialization of our neighborhood - where we are already being overwhelmed by the Philharmonic buildings and
the over-development of the Waterside complex.
Finally, while we recognize the contributions that Ms. Daniels has made to the community, we do not think that changing
the name of West Blvd. is necessary to show appreciation. After all. there is already a large building which bears her
name at the philharmonic complex.
We think a building should suffice and ask you to convey our opposition to the disruption this name change will cause
our community to those wishing to impose it on us regardless.
Thank you.
Marilyn & John Loden
1
BlairAshley
Page I of I
~((-~ [D'{.flpD(t~
8B
From: Pamela "G6mez [lpamela_9P@yahoo.com]
Sent: Tuesday, April 03, 2007 12:36 PM
To: BlairAshley
Subject: west blvd.
I strongly object to the renaming of West Blvd. Just leave it as is.
Sandra Peterson
Pelican Bay
TV dinner still cooling?
Che<;kQJ!t"Tonight's Picks" on Yahoo! TV.
4/3/2007
BlairAshley
~(~'" L~;t't-OL-
s.B
From:
Sent:
To:
Subject:
Mary Pat Peterson [mpp25@msn.com]
Thursday, April 05, 2007 10:24 PM
BlairAshley
West Blvd.
To Whom It May Concern,
I live at 667 Bridgeway Lane. I am against changing the name of West Blvd.
to Myra Janco Daniels Blvd. It is a short road and to have such a long name on a street sign seems absurd, but more
importantly it is easy to remeber West Blvd. and it helps when giving directions to our home. Also it does not seem worth
the time, effort and money to make this change. I believe there are bettler ways to honor this person than changing the
name of West Blvd.
Sincerely.
Mary Pat Peterson
1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)- 8 C
, .
'0",0
To: Clerk to the Board: Please place the following as a:
rn Normal legal Advertisement 0 Other:
(Display Adv., location, etc.)
**********************************************************************************************************
Originating Deptl Div: County Attorneys Office
Person: Colleen M. Greene, Esq.
Date: March 16, 2007
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before rn BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. April 10, 2007
-.-
Newspaper(s) to be used: (Complete only if important):
rn Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING ORDINANCE NO. 79-8,
AS AMENDED, SPEED LIMIT IN CERTAIN AREAS, REGULATING BOAT SPEEDS IN COLLIER COUNTY AND THE
CITY OF NAPLES IN NAPLES BAY.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes
rn No If Yes, what account should be charged for advertising costs:
00/-/fX)510 -&/-111 ~o
Reviewed by:
Division Administrator or Desienee
Date
List Attachments:
Ordinance No. 2007 -
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:...;'-/~ -()1- Date of Public hearing: 4-/D-1J::J- Date Advertised: ~-~ ~'1
04-COA-OI136/346
ia..Bt
ORDINANCE NO, 2007_
AN ORDINANCE AMENDING ORDINANCE NO,
79-8, AS AMENDED, SPEED LIMIT IN CERTAIN
AREAS, REGULATING BOAT SPEEDS IN
COLLIER COUNTY AND THE CITY OF NAPLES
IN NAPLES BA Y.
WHEREAS, Naples Bay is a water body located within the boundaries of Collier County and
the City of Naples; and
WHEREAS, Collier County haS' concurrent jurisdiction over Naples Bay and is authorized to
"establish and administer programs of . . . navigation. . . and to cooperate with governmental
agencies and private enterprise in the development and operation of such programs;" and
WHEREAS, the Collier County Board of County Commissioners finds that Naples Bay is both
a destination and a transit waterway used by local businesses, citizens, and tourists, for
recreational, business, and commercial purposes; and
WHEREAS, for the purpose of promoting and protecting public safety and welfare, and the
protection of persons and property, it is necessary and advisable to control vessel speeds in the
waters located within Collier County, including without limitation, Naples Bay and its
approaches and surrounding waters.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. That Article II, Division 3, Areas of Enforcement, of Chapter 146, Collier County
Water Safety and Vessel Control Regulations, is hereby amended to read as follows:
ARTICLE II, DIVISION 3
Enforcement
The area of enforcement of the provisions of this division shall be all waters, creeks, bayous,
canals and channels whether natural or manmade, located with the unincorporated area,; of
Collier County.
Section 2. That Article II, Division 3, Speed, of Chapter 146, Collier County Water Safety
and Vessel Control Regulations, is hereby amended to read as follows:
ARTICLE II, DIVISION 3
Speed
Sec. 146-60.5. Speed limits in certain areas.
(a) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an.official "no wake-idle speed only" area and so posted at greater
than idle speed.
(b) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an official "slow speed-minimum wake" zone or area so posted at
greater than slow speed.
(c) No person shall operate a vessel in anv area designated and posted as an official idle
speed zone at a speed greater than idle speed. The following are designated as idle speed
zones:
Proposed Ordinance Amendment
Page 2 of 4
Be
(1) The Gulf of Mexico along the Naples public beach, from the shoreline out of 500 feet
west of the public beach. from the north boundary of the city of Naples to Gordon
Pass, excluding the outer approach to Doctors Pass, such approach being the area
within the marked channel from the lighted. outermost marker east to the outer ends
of the stone ietties.
(2) Doctors Pass and the-Moorings Bay System. from Seagate Driye South to Banyan
Bouleyard.
Words underlined are added; words stn.i~l( tRF8l:lgR arc deleted
Proposed Ordinance Amendment
Page 3 of 4
I, Be
(3) The Gordon River and Naples Bav. from the north boundarv of the Citv of Naples to
a line running east to west through marker 32. connecting adjacent shorelines. except
that for the purpose of testing propulsion svstems. marine mechanics are permitted to
exceed the idle speed restriction in the Gordon River in an area approximatelv 0.3
mile in length. extending from the Citv Wastewater Treatment Plant south to the
Horticultural Landfill. weekdavs. between the hours of 8:00 a.m. and 5:00 p.m.
(4) Naples Bav. from a line running north to south through marker 10. connecting
adjacent shorelines, to a line running north to south through marker 6. connecting
adjacent shorelines.
(5) All canals and waterwavs tributarv to Naples Bav and the Gordon River. including
without limitation those in River Park, Avion Park. Golden Shores, Ovster Bav Roval
Harbor. Aqualane Shores and Port Roval.
(d) No person shall operate a vessel in anv area designated and posted as an official slow
speed zone at a speed greater than slow speed. The following are designated as slow
speed zones:
(1) Naples Bav, from a line running east to west through marker 32, connecting
adjacent shorelines. to a line running east to west through marker 27. connecting
adjacent shorelines. from 10:00 AM through 5:00 PM weekends and holidavs (see
68D - 23.103 F.A~C. "holidavs")
(2) Naples Bav, from a line running east to west through marker 21, connecting
adjacent shorelines, to a line running north to south through marker 10,
connecting adjacent shorelines, from 10:00 AM through 5:00 PM weekends and
holidavs;
(3) Naples Bav and Dollar Bav. from a line running east to west through marker 21.
connecting adjacent shorelines, to a line running east to west through marker 73 in
Dollar Bav, connecting adjacent shorelines, from 10:00 AM through 5:00 PM
weekends and holidavs;
(e) No person shall operate a vessel in anv area designated and posted as an official 30 mile
per hour (MPH) zone at a speed greater than 30 MPH. The following are designated as
30 MPH zones:
(1) Naples Bav. from a line running east to west through marker 32. connecting
adjacent shorelines. to a line running east to west through marker 10, connecting
adjacent shoreline5. weekdavs;
(2) Naples Bav. from a line running east to west through marker 27, connecting
adjacent shorelines, to a line running north to south through marker 21.
connecting adjacent shorelines, from 10:00 AM through 5:00 PM weekends and
holidavs;
(3) Naples Bav and Dollar Bav. from a line running east to west through marker 22.
connecting adjacent shorelines. to a line running east to west through marker 71 in
Dollar Bav. connecting adjacent shorelines, weekdavs;
Words underlined are added; words &trueh. ltlF€H:igR are deleted
Proposed Ordinance Amendment
Page 4 of 4
? Be
(4) Gordon Pass and the portions of Naples Bav and Dollar Bav, all as described in
subsection eel, at all times other than those set forth in subsection ecl; or not
otherwise designated as an idle speed zone or slow speed zone.
This Ordinance shall become effective on
,2007.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
1il~1A11L/jtl~
Colleen M. Greene
Assistant County Attorney
Words underlined are added; words strush: tFifSHgl:t are deleted
March 19,2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Amending Ordinance No, 79-8: Regulating
Boat Speeds in Collier County and Naples Bay
Dear Legals:
Please advertise the above referenced notice on Friday, March 30, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P,O./Account # 001-100510-649100
Be
NOTICE OF INTENT TO CONSIDER ORDINANCE
Be
Notice is hereby given that on Tuesday, April 10, 2007, 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, 79-8, AS AMENDED, SPEED LIMIT
IN CERTAIN AREAS, REGULATING BOAT SPEEDS IN COLLIER COUNTY AND THE
CITY OF NAPLES IN NAPLES BAY,
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
..Be
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
Ord Amending 79-8 Boat Speeds in Naples Bay
Attachments:
Naples Bay Ord.doc; Naples Bay Ord.doc
Hi.
Please advertise the attached on Friday, March 30, 2007.
Thank you,
~aples Bay Ord.doc~aples Bay Ord,doc
(24 KB) (25 KB)
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ cl erk.co II i er. f I.us)
1
Ann P. Jennejohn
'ac
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, March 19,20079:47 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT862922.txt; Ord Amending 79-8 Boat Speeds in Naples Bay
~
1:....:.1
L.:.....J
ATT862922.txt Jrd Amending 79-8
(229 8) Boat Speeds...
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
NAPLES DAILY NEWS
Publishcd Daih
Naplcs. FL 1-1102
'Be
_ 79-8
~I!mHTTO
.. ~CE
~'-'~Dwen
'0,. ... ,.. !S~.. \~~~!
11 ,Admin.
.. :!f:'''''' Col.
. ,.~t
Tilmla.
I,' ,f'-.
. e~. ~~':J}fcO"nl'
~. MIS will con.
. enactment 01
fh.Cll..~"'" . O'dlnanc..
I! ,11II will com.
_ _ A.M. The
.' _ar.
. IS follows:
Affidavit of Publication
State of Florida
County of Collier
"""~"~"" ,...
/~?-\AS...,;;.__ _ ,-honel A McDonald
~;~.)~-,l:~ Mi' COMMis~!or~ ~ I"E2i~21f.;; EXPIRES
..:~~.1~.;Yb"'.{ June 1'1, LOO?
"'"?~;,f."",, WNDEDTHRUTROYJ:AININSURANCE,INC
m'G rOfN1.~. AMEND.
s riHClcftO. 79-
L 'I O~f~tNDl~R flf~
AREAS, ~EGDLATING
BOAT .SPElDS_-f~ COL.
L1ER COUNTY' ANb THE
CITY OF NAPLtS IN
NAPtESBAY.
C~les of the PfQpOSId
Ordinance are on flle
with the Clerk to the
Board and are avallable
for Inspection. _ All Inter-
~~...
N<m: All......... wish.
Ing to speak on an)'
aQenda Item must reof$.
",' ~,,-t!te County ad-
mn..._ orior to",..
sentatlon of the aoerida
Item; fo be addressed
IndIVIdual SPHkers wlli
be Itmltea-to 5 minutes
ll"1'f}' .......,.dTl"'I..,ec.
11II. .. ,,"01 to
s otrbebalt'of an
~orlll'Ouols
encourao.t. tf reCog.
nlzed by the Cht.'rman
a,:._," prsM.IOt i
grtU*~~'.r" on
..-~ ",,".
uftl4o' ,"eatem "Iln
..,.. - .. .. , .,
p "I~~
net. -n
b.:ll ".Id
_"'3
w, pr, to t"ere~'
5 .,Jc """"",
In: ... Wfitten ma-
~. .. ~<Ig'o b.
f~...'" .rnltt~
staifT'rQPttate ~~
'I.~' ~:;r:", rlo Ih.
r." ,.. " . All ma.
II . - 'tR~1ii
wi ..ec'omta "rma~
nel\lll8ltOt..,.NCOrd.
Any person who ::Cld.
il~J:'....~..'M aI'"7
. ... need a
. " eCOrd . _' . proce&d~ '.
. n",,_ "I"" lh.....o
;: and.i-nt't.fl),..~~may
nee.. to. .n'~re mat a
verbatim record of the
Bcfore the undersigned they scryc as the authority_ personally
appeared ILl,;Ullb- \\ho on oalh s'" s lhallhc\
scryc as the Assistant Corporatc Sccrctal) of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee eOllnllCS or Florida: that
the attachcd copy of the ad\"crtising. bcing a
PUBLIC NOTICE
in Ihe mailer or PUBLIC NOTICE
was published in said newspaper I time in the issue
on March 10'" 2007
Amant further says that the said '\apl<:'s Daily '\ews is a ll<o\\Spaper
published ilt '\arks. in said Collier County. Florida. and th,lt the said
newspaper has herdoforc been continuously published in said (\llliel
County', Florida: distrihuted in Collier and I.ce counties or Florida.
each day and has been entered as second class 11l:iiI1llatle! ;11 the pO"l
olliec in :\apks, in said Collier Count\. Florida, for a period of ]
\'<:ar next preceding the !irst publi~'alion ol"lh~' aLlaehed copy nf
ad\'ertisemenL and aniant fi.lrther Sins thaI he has lleitlwr raid nor
promised any person. lirm or ~'orporation any discount rebate.
commission or refund for the pUfflns<o of securing this ad\erlisemenl!llr
publication in the said~lel
/I. __ _________
( Signature of affiant)
Sworn to and subSCrIbed before mc
This lOci of March 2007
,. CS:U _u c. (.C; \ \ \~ \ )C,J (~"-
(Signature of notal) public)
FEI 5~-257Rl27
-,.'I,p._"
~~~N:TY -
h. . -:'~"NTY';
~~mA.
DWIGHT E. BROCK.'
CLERK . .
By. __ohn,
_CleIlo.
(S~. ,
Mar. 30 No. 1541571
ORIGINAL DOCUMENTS CHECKLIST & ROUTINds& C
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. rhe completed routing slip and original
documents are to be forwarded to the Board Of rice only after the 80ard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or infonnation needed. If the document is already complete with the
excePtion of the Chairman's signature, draw a line throup} routinp lines # I throuP'h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routiml: order)
1.
2.
3. 1/\
4. Colleen M. Greene County Attorney Office \~ ,\ CMG 4/16/07
Assistant County Attorney
5. Sue Filson, Executive Manager Board of Count v Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or
missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to
a
;>prove the item.)
Name of Primary Staff Colleen M. Greene, Assistant County Phone Number 774-8400
Contact Attornev
Agenda Date Item was April I 0, 2007 Agenda Item Number #Be
Approved bv the BCC
Type of Document AN ORDINANCE AMENDING ORDINANCE Number of Original One
Attached NO. 79-8. AS AMENDED, SPEED LIMIT IN Documents Attached
CERTAIN AREAS, REGULATING BOAT
SPEEDS IN COLLIER COUNTY AND THE
CITY OF NAPLES IN NAPLES BAY.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a TO riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements. etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
si nature and initials are re uired.
5. In most cases (some contracts are an exception). the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on AnrillO, 2007 {enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
Be ';'11.
ORDINANCE NO, 2007.=..'liL.
AN ORDINANCE AMENDING ORDINANCE NO.
79-8, AS AMENDED, SPEED LIMIT IN CERTAIN
AREAS, REGULATING BOAT SPEEDS IN
COLLIER COUNTY AND THE CITY OF NAPLES
IN NAPLES BAY.
WHEREAS, Naples Bay is a water body located within the boundaries of Collier County and
the City of Naples; and
WHEREAS, Collier County has concurrent jurisdiction over Naples Bay and is authorized to
"establish and administer programs of . . . navigation . . . and to cooperate with governmental
agencies and private enterprise in the development and operation of such programs;" and
WHEREAS, the Collier County Board of County Commissioners finds that Naples Bay is both
a destination and a transit waterway used by local businesses, citizens, and tourists, for
recreational, business, and commercial purposes; and
WHEREAS, for the purpose of promoting and protecting public safety and welfare, and the
protection of persons and property, it is necessary and advisable to control vessel speeds in the
waters located within Collier County, including without limitation, Naples Bay and its
approaches and surrounding waters.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. That Article II, Division 3, Areas of Enforcement, of Chapter 146, Collier County
Water Safety and Vessel Control Regulations, is hereby amended to read as follows:
ARTICLE II, DIVISION 3
Enforcement
The area of enforcement of the provisions of this division shall be all waters, creeks, bayous,
canals and channels whether natural or manmade, located within the lffiineefjlereteG areas ef
Collier County.
Section 2, That Article II, Division 3, Speed, of Chapter 146, Collier County Water Safety
and Vessel Control Regulations, is hereby amended to read as follows:
ARTICLE II, DIVISION 3
Speed
Sec. 146-60,5. Speed limits in certain areas,
(a) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an official "no wake-idle speed only" area and so posted at greater
than idle speed.
(b) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an official "slow speed-minimum wake" zone or area so posted at
greater than slow speed.
(c) No person shall operate a vessel in anv area designated and posted as an official idle
speed zone at a speed greater than idle speed. The following are designated as idle speed
zones:
(1) The Gulf of Mexico along the Naples public beach. from the shoreline out of 500 feet
west of the public beach. from the north boundary of the citv of Naples to Gordon
Pass. excluding the outer approach to Doctors Pass. such approach being the area
within the marked channel from the lighted. outermost marker east to the outer ends
of the stone jetties.
Words underlined are added; words stf\:l.sl( thfSHgR are deleted
Be
Proposed Ordinance Amendment
Page 2 of3
(2) Doctors Pass and the Moorings Bav Svstem. from Seagate Drive South to Banvan
Boulevard.
(3) The Gordon River and Naples Bav, from the north boundarv of the Citv of Naples to
a line running east to west through marker 32. connecting adiacent shorelines. except
that for the purpose of testing propulsion svstems. marine mechanics are permitted to
exceed the idle speed restriction in the Gordon River in an area approximatelv 0.3
mile in length. extending from the Citv Wastewater Treatment Plant south to the
Horticultural Landfill. weekdavs. between the hours of 8:00 a.m. and 5:00 p.m.
(4) Naples Bav. from a line running north to south through marker 10. connecting
adiacent shorelines. to a line running north to south through marker 6. connecting
adiacent shorelines.
(5) All canals and waterwavs tributary to Naples Bav and the Gordon River. including
without limitation those in River Park. Avion Park. Golden Shores. Ovster Bav Royal
Harbor. Aqualane Shores and Port Roval.
(d) No person shall operate a vessel in any area designated and posted as an official slow
speed zone at a speed greater than slow speed. The following are designated as slow
speed zones:
(I) Naples Bav. from a line running east to west through marker 32. connecting
adiacent shorelines. to a line running east to west through marker 27. connecting
adiacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays (see
68D - 23.103 F.A.C. "holidavs")
(2) Naples Bav. from a line running east to west through marker 21. connecting
adiacent shorelines. to a line running north to south through marker 10.
connecting adiacent shorelines. from 10:00 AM through 5:00 PM weekends and
holidavs:
(3) Naples Bav and Dollar Bav. from a line running east to west through marker 21.
connecting adiacent shorelines. to a line running east to west through marker 73 in
Dollar Bav. connecting adiacent shorelines. from 10:00 AM through 5:00 PM
weekends and holidays:
(e) No person shall operate a vessel in anv area designated and posted as an official 30 mile
per hour (MPH) zone at a speed greater than 30 MPH. The following are designated as
30 MPH zones:
(I) Naples Bav. from a line running east to west through marker 32. connecting
adiacent shorelines. to a line running east to west through marker 10, connecting
adiacent shorelines. weekdays:
(2) Naples Bay. from a line running east to west through marker 27. connecting
adiacent shorelines. to a line running north to south through marker 21.
connecting adiacent shorelines. from 10:00 AM through 5:00 PM weekends and
holidavs:
(3) Naples Bav and Dollar Bay, from a line running east to west through marker 22.
connecting adiacent shorelines. to a line running east to west through marker 71 in
Dollar Bav. connecting adiacent shorelines. weekdavs:
Words underlined are added; words strust tlu8\1gh are deleted
Be
Proposed Ordinance Amendment
Page30f3
(4) Gordon Pass and the portions of Naples Bav and Dollar Bav, all as described in
subsection Ce), at all times other than those set forth in subsection Ce): or not
otherwise designated as an idle speed zone or slow speed zone.
This Ordinance shall become effective on tip ( , (
10 ,2007.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, H~rtd,lIt~his /6 day of ~ r ( I ,2007.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: 4~ ~
JAMES COLETTA, CHAIRMAN
By:
Attut .. to Cht-t.r::.an' ,Deputy Clerk
'l~.turt 001., . ~ . ,S
APprove~ as to form and legal sufficiency:
~OQfflrn ffl~
Co leen M. Greene /
Assistant County Attorney
Words underlined are added; words St:fl:1Sk tAfeugh are deleted
1;J
,
I,
Be
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 2007-38
Which was adopted by the Board of County Commissioners
on the lOth day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of April, 2007.
DWIGHT E. BROCK
Clerk of courts.,a.rr;;,<?lerk
Ex-officio to)~:~rd.of'/_
County commi~:Si,~e;r;s ':,
/Yvl'--T/,. '~~:?' J,:;
//~ ':~..." '../
. ., '.'~
By: Martha venlfa~~>',\'~
Deputy Clerk
JO
lku--r<.. 1/w107
J;/em Be
VOLUME 81, NO.4, APRIL 208 [;
ADVANCING THE COMPETENCE AND PUBLIC RESPONSIBILITY OF LAWYERS
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CITY, COUNTY AND LOCAL
GOVERNMENT LAw
by David G. Tucker
6CC-R, - cwr+
~fDr-rcr
Be
A Primer on Counties and Municipalities, Part 2
APreviOUS discussion in the
March issue of the Bar
Journal considered the
nature of counties and
municipalities and the sources of
their powers to govern and regulate.
Because counties and municipalities
occupy overlapping territories and
constituencies, the possibility exists
that issues might arise under which
a county has a different regulatory
scheme than does a municipality.
This might occur where a municipal-
ity pursues different policy objectives
than the county. What happens when
these issues arise? This discussion
describes the framework under
Florida law for addressing these
issues.
Conflicting Ordinances
. Noncharter County Ordinance
Conflict with Municipal Ordinance
There are times when county or-
dinances and municipal ordinances
conflict. In a noncharter county,
the municipal ordinance prevails
over the county ordinance within
the municipality to the extent of a
conflict. 1 However, a municipality is
not free to adopt an "opt out" ordi-
nance merely to avoid being subject
to a county ordinance that imposed
impact fees even on development
within the incorporated municipal
limits.2 Although Vol usia was a
charter county, a similar rule was
applied to noncharter counties in
Seminole County v. Casselberry, 541
So. 2d 666 (Fla. 5th DCA 1989). The
court in Seminole County noted that
Seminole was not a charter county,
as was Volusia County, but that the
Volusia charter included the same
70 THE FLORIDA BAR JOURNAUAPRIL 2007
provision for resolving county/mu-
nicipal ordinance conflict as the
constitutional provision governing
noncharter counties,J A municipal
ordinance attempting to opt out of a
county regulatory plan must serve
a valid municipal purpose beyond
removing the municipality from
beneath county regulation..
. Charter County Ordinance Con~
{lict with Municipal Ordinance
The constitution requires that a
county charter specify whether a
county ordinance controls over a
municipal ordinance in the event of
a conflict.5 Frequently. charter pro-
visions will echo the constitutional
provisions as to nonchaTter counties,
namely that municipal ordinances
prevail in the event of conflict within
the municipality. Even in such
charter counties, however, the con.
flicting municipal ordinance must
serve a valid municipal purpose.6
In addition, in some charter coun.
ties, the charter itself may provide
that county ordinances prevail in
certain contexts and that the county
has the power to preempt municipal
ordinances in other contexts.' In
that case, however, the Florida Su.
preme Court distinguished between
county preemption of regulatory
authority and the undertaking by
a county to provide services previ.
ously provided by the municipality.'
The court determined that where a
charter county sought to preempt
municipal regulatory authority, Fla.
Const. srt. VIII, ~l(g) governed; but
where the issue is county provision
of services as opposed to municipal
provision of services, the court found
that the transfer of powers provi-
sions set out in Fla. Const. art. VIII,
~4 governed. More recently, the Fifth
District Court of Appeal has held
land use authority is regulatory in
nature and, thus, may be preempted
to a charter county through a proper
charter amendment.9
. State.authorized County Pre.
emption
The legislature may authorize
even noncharter counties to pre-
empt municipal ordinances. For
example, in spelling out the powers
of municipalities to adopt emergency
management plans, the legislature
expressly requires that, "[e]ach mu-
nicipal emergency management plan
must be consistent with and subject
to the applicable county emergency
management plan."lO AB a practical
matter, the legislature does not often
authorize noncharter counties to
preempt municipalities.
Litigation In Which County and
Municipality are Adverse Parties
On rare occasions, a county may
sue a municipality or a municipality
may sue a county. To try to create an
alternative dispute resolution pro-
cess to resolve the difference between
governmental entities without litiga.
tion, the legislature has enacted F.S.
Ch. 164, the Florida Governmental
Conflict Resolution Act. The FCGA
does not apply to governmental
entities that have already entered
into alternative dispute resolution
agreements among and between
themselves, or to those entities that
have reached impasse during such
processes.11 The FCGA applies, at a
minimum, to substantive disputes
regarding the following:
(1) Any issue relating to local comprehen-
sive plans or plan amendments prepared
pursuant to part II of chapter 163, includ-
ing, but not limited to, conflicts involving
levels of service for public facilities and
natural resource protection.
(2) Municipal annexation.
(3) Service provision areas.
(4) Allocation of resources, including
water, land, or other natural resources.
(5) Siting of hazardous waste facili-
ties, land fills, garbage collection facili-
ties, silt disposal sites, or any other locally
unwanted land uses.
(6) Governmental entity permitting
processes.
(7) Siting of elementary and second-
ary schools.12
For those entities to which the
FCGA applies, immediately upon fil-
ing suit against another governmen-
tal entity, the court "shall" enter an
order abating the proceedings until
the procedural requirements of the
FCGA have been met. To commence
the procedure, the initiating govern-
mental entity must provide notice
as provided in the statute to the
entity with which it has the conflict.
Upon compliance with the notice
provisions, the entities move into the
"conflict assessment phase."l~ This
phase requires a meeting between
the appropriate staff of the conflict-
ing entities to try to reach a solution.
This meeting must be advertised at
least 10 days prior to the meeting
itselfin not just a newspaper of gen-
eral circulation but the newspaper of
"widest" circulation in the jurisdic-
tions having the conflict.H
In the event that the staffs of the
conflicting entities are still unable
to reach a solution, the governing
bodies of the joint conflicting entities
must hold a joint public meeting to
try to resolve the conflict. Hi If the en-
tities are unable to reach a solution
at that meeting, the entities must
participate in mediation. If> In the
event mediation fails, only then are
the entities permitted to go forward
with the litigation. l7
The FCGA imposes a duty to nego-
tiate in good faith upon the conflict-
ing entities. Where one governmen-
tal entity refuses to negotiate in good
faith having received notice of the
initiation of the Ch. 164 procedure,
and the governmental entity that
initiates the Ch. 164 process is the
"prevailing party" in the litigation,
the prevailing party must recover at-
torneys' fees from the governmental
entity that did not negotiate in good
faith.Is
Transfer of Powers
Fla. Canst. art. VIII, ~4 provides a
generalized procedure under which
powers may be transferred among
and between local governments,
including counties, municipalities,
and special districts. That section
provides:
Section 4. Transfer of powers. By law or
by resolution of the governing bodies of
each of the governments affected, any
function or power of a county, municipal-
ity or special district may be transferred
to or contracted to be performed by
another county, municipality or special
district, after approval by vote of the
electors of the transferor and approval
by vote of the electors of the transferee,
or as otherwise provided by law.
The Florida Supreme Court has
construed this provision to apply
equally to charter and to nonchar-
ter counties.19 In Broward County
v. City of Fort Lauderdale. 480 So.
2d 631 (Fla. 1985), the court distin-
guished between an effort under the
county charter for a county to take
over provision of municipal services
from an effort to preempt regulatory
authority through a county charter.20
In comparing the ability of a char-
ter county to preempt municipal
regulations with the dual referenda
required under art. VIII, ~4, the court
reasoned:
Thus, on the one hand the constitution
has a provision intended to expand the
power of charter counties, while on the
other hand it includes a provision to ex-
pand the shared power of govemmental
units to transfer powers and functions.
Both were intended to reduce the need
for special laws and constitutional
amendments. The conflict arises when the
expansive power of a charter county col-
lides with the requirements of section 4.
But section 4 did not contemplate giving
municipalities veto power over a charter
county's preemptive power. Rather, sec-
tion 4 contemplated situations where a
law authorizes dual referenda or where
the city and county mutually desire to
shift a function or power of the type which
required special law or constitutional
amendment under the 1885 constitution.
A line must be drawn between these
overlapping provisions. We hold that sec-
tion l(g) pennits regulatory preemption
by counties, while section 4 requires dual
referenda to transfer functions or powers
relating to services. A charter county may
&L~ LOOp;.pcrrC
preempt a municipal re~Qw" in
such areas as handgun sales when coun~
ty-wide unifonnity will best further the
ends of government. ~25.86(7), Fla. Stat.
(1983). Dual referenda are necessary
when the preemption goes beyond regula-
tion and intrudes upon a municipality's
provision of services.21
The legislature retains plenary
power under art. VIII, ~4 to provide
"by law" another means to transfer
powers without requiring dual refer~
enda. "By law" could describe a gen-
erallaw or a special law, although if
the legislature attempted a transfer
of powers by special law in a charter
county, the specific requirement of
voter approval would still require
that a special law be approved by
the voters of the county.
City/County Cooperation
The preceding discussion has con~
cerned itself with how disputes might
arise and be resolved between cities
and counties. It is, therefore, useful
to briefly consider the mechanism
under which they might cooperate.
The state has recognized that
public policy is best served when
governmental entities cooperate. To
further this objective, the legislature
has enacted the Florida Interlocal
Cooperation Act, codified in Part I of
F.S. Ch. 163 (FICA). The premise of
FICA is to "permit local governmen~
tal units to make the most efficient
use of their powers by enabling them
to cooperate with other localities>>22
and expressly authorizes a public
agency of Florida to exercise jointly
with any other public agency of
Florida, another state, or of the
United States, any "power, privilege,
or authority which such agencies
share in common and which each
might exercise separately."23
The FICA provides that the vehicle
for such cooperation is an interlocal
agreement, and sets out the required
elements of such an interlocal agree-
ment.24 Such interlocal agreements
are considered contracts binding
the parties.25 FICA also authorizes
the creation of a separate entity to
administer or execute the provisions
of the agreements between the signa-
tory governmental parties."
Interlocal agreements between
counties and municipalities have
THE FLORIDA BAR JOURNAUAPRIL 2007 71
been used to set forth vehicles for
joint municipaVcounty financing of
capital projects.27 Such agreements
can be validated as part of bond
validation proceedings.28 Interlocal
agreements among and between
various political subdivisions have
been used to create regional entities
to allow the local governments to
take advantage of economies of scale
in providing certain services.29
An inter local agreement, however,
cannot be used to expand the pow-
ers of the parties beyond the powers
they already enjoy.30 For example,
an interlocel agreement under FICA
could not authorize the governing
body of one municipality to meet
outside the terntoriallimits of that
municipality.31
Dual Taxation and Annexation
Both the subjects of dual taxation
and municipal annexation are mate-
rial for lengthy articles unto them-
selves. This discussion will briefly
identify sources of governing law.
. Dual Taxation
Art. VIII, H(h) provides "property
situate within municipalities shall
not be subject to taxation for services
rendered by the county exclusively
for the benefit of the property or the
residents in unincorporated areas."
This section only limits the power
of counties to expend ad valorem
taxes, not other non-ad valorem
county revenues.32 The legislature
has prohibited the use of countywide
funds raised within a municipality
from being used to fund "any service
or project provided by the county
when no real and substantial benefit
accrues to the property or residents
within a municipality or municipali.
ties.33 County revenues derived from
or on behalf of the unincorporated
area are excluded from this statu-
tory limit. Similarly, F.S. ~218.64(1)
deems a portion of the county portion
of the local government sales tax to
be "derived on behalf of the unincor-
porated area."
The statutory language echoes
the decision of the Florida Supreme
Court in City of St. Petersburg v.
Briley, Wild & Associates, 239 So. 2d
817 (Fla. 1970). which found the con.
stitution did not prohibit the use of
72 THE FLORIDA BAR JOURNAUAPRIL 2007
county taxes raised in municipalities
from being used for county programs
that provided a "real and substantial
benefit" to the municipality.34 The
benefit required for municipal area
residents is not a "direct benefit" oc-
curring within municipal areas, but
may consist of "indirect benefits."3S
Whether the requisite benefit is
provided is a factual question requir-
ing an analysis of how a service is
provided and performed.3G No con-
stitutional provision prohibits the
taxation of unincorporated parts of
the county for the benefit of areas in
a municipality.31
. Annexation
The power to annex an unincor-
porated area to a municipality is
reposed in the legislature.38 The
Florida Constitution provides that
municipal annexation of unincorpo.
rated territory, merger ofmunicipali-
ties, and exercise of extra. territorial
powers by municipalities shall be as
provided by general or special law. 39
The legislature, while retaining
the plenary power to act through
a special law, has authorized mu~
nicipalities to share the annexation
power through F.s. Ch. 171.40 Ch.
171 specifies the uniform method for
municipalities to follow in annexing
territory when the annexation is not
accomplished through a special law
of the legislature. 41
Conclusion
As Florida continues to grow, the
counties and municipalities will
necessarily find themselves jointly
addressing issues created by the
growth. Counties and municipalities
will be forced to deal with everyday
issues affecting their citizens. In this
environment, a basic understanding
of the roles, powers, and law govern-
ing counties and municipalities and
their relationships will be helpful. 0
I FLA. CaNST. art. VIII, UCO.
2 Ormond Beach u. County of Volusia,
535 So. 2d 302 (Fla. 5th D.C.A. 1988).
~ Seminole County v. Casselberry, 541
So. 2d 666 (Fla. 5th D.C.A. 1989).
. Ormond Beach, 535 So. 2d at 304-
305.
5 FLA. CONST. art. VIII, U(g).
5 Ormond Beach, 535 So. 2d at 304.
7 Broward County u. Fort Lauderdale,
fiL-lZ [Ob('"f f)~por+-'Ol.
Be
480 So. 2d 631 (Fla. 1985).
8Id.
9 Seminole County u. Winter Springs,
935 So. 2d 521 (Fla. 5th D.C.A. 2006).
'" FLA. STAT. !252.38(2) (2006).
U FLA. STAT. U64.1041(l) (2006).
U FLA. SrAT. U64.1051 (2006).
" FLA. STAT. !164.1053 (2oo6l.
" FLA. STAT. !164.1031(7) (2006).
" FLA. STAT. U64.1055(1) (2006).
" FLA. STAT. *164.1055(2) (2006).
17 FLA. STAT. ~ 164.1056 (2006).
" FLA. STAT. 1164.1058 (2006).
19 Sarasota County I}. Town of Longboat
Key, 355 So. 2d 1197, 1201 IFla. 1978).
20 Broward County v. City of Fort Lau-
derdale, 480 So. 2d 631 (Fla. 1985).
21 Id. at 634-635 (emphasis in origi.
nan.
" FLA. SrAT. !163.01(2) (2006).
" FLA. STAT. 1163.01(4) (2006).
"FLA. STAT. !163.01(5) (2006).
25Id.
" FLA. STAT. U63.01(7) (2006).
v See, e.g., Roper v. City of Clearwater,
796 So. 2d 1159 (Fla. 2001).
28 State v. Daytona Beach, 431 So. 2d 981
IFla. 1983).
29 AucillaArea Solid Waste Administra-
tion v. Madison County, 890 So. 2d 415
IFla. 1st D.C.A. 2004).
30 Qp. Atty. Gen. Fla. 2003..Q3.
31Id.
32 Manatee County v. Town of Longboat
Key. 365 So. 2d 143.148 (Fla. 1978).
33 FLA. STAT. U25.01(7) (2006).
34 City of St. Petersburg v. Briley, Wild &
Associates, 239 So. 2d 817 (Fla. 1970).
35 See Town of Palm Beach v. Palm Beach
County, 460 So. 2d 879 (Fla. 1984).
36 See, e.g., Alsdorf u. Broward County,
373 So. 2d 695 (Fla. 4th D.C.A. 1979).
37 McLeod v. Orange County, 645 So. 2d
411 IFla. 1994).
38 FLA. CONST. art. VIII, S2(c).
}9Id.
40 Northridge General Hospital, Inc. v.
City o{Oakland Park. 374 So. 2d 461 (Fla.
1979).
41 [d. at 464.
David G. Tucker is an attorney in
the Tallahassee office of Nabors. Giblin
& Nickerson, P.A., a firm that primarily
represents local governments, He served as
the county attorney for Escambia County
and is a past president of the Florida As-
sociation of County Attorneys.
This column is submitted on behalf
of the City, County, Local Government
Law Section, Mary Helen Campbell, chair,
and Jewel W Cole, editor.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING si~p 9 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken a<.1ion on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccotion of the Chairman's signature, draw a line through routinlJ' lines #1 thcowlh #4, comolcte the checklist, and forward to Sue Filson line#51.
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe 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 BeC Chairman's signature are to be delivered to the BeC 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
Agenda Item Number
Extension 8400
9A
Yes
(Initial)
N/A (Not
A lieable)
Phone Number
Resolution
~g1..
Number of Original
Documents Attached
@
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Hcable.
2.
3.
4.
5.
6.
"'-'" ''''_N''_' -"'_~_"'''_.''_'._.""__,..__"........._."..,".......,,,,".,.,,..",~____...._~.'...~.."_~._~..,.-'"..,._O<,......_.._,'_._._~,""u_..~,____.
9A
RESOLUTION NO, 2007-82
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT, REAPPOINT AND
CONFIRM THE APPOINTMENT OF MEMBERS TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
WHEREAS, the Board of County Commissioners of Collier County, Florida adopted
Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency
pursuant to Section 290.001, et seq., Florida Statutes; and
WHEREAS, Ordinance No. 95-22 proVides that the Immokalee Enterprise Zone
Development Agency shall consist of not fewer than eight (8) or more than thirteen
(13) members; and
WHEREAS, there are currently vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Ira J. Malamut, representing the Non-Profit Community Based Organization
category, is hereby reappointed to the Immokalee Enterprise Zone Development
Agency for a 4 year term, said term to expire on April 4, 2011.
2. Richard L. Heers, representing the Resident Owner category, is hereby
reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term,
said term to expire on April 4, 2011.
3. Floyd Crews, representing the Business Owner in the Zone and Resident Owner
categories, is hereby reappointed to the Immokalee Enterprise Zone Development
Agency for a 4 year term, said term to expire on April 4, 2011.
4. Richard Rice, representing the Immokalee Chamber and Resident Owner
categories, is hereby reappointed to the Immokalee Enterprise Zone Development
Agency for a 4 year term, said term to expire on April 4, 2011.
5. Ana Salazar, representing the Non-Profit Community Based Organization
category, is hereby reappointed to the Immokalee Enterprise Zone Development
Agency for a 4 year term, said term to expire on April 4, 2011.
6. Julio Estremera, representing the Immokalee Chamber of Commerce category,
is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4
year term, said term to expire on April 4, 2011.
7. Bob Soter, representing the Southwest Florida Workforce Development Board, a
local private industry council, is hereby appointed to the Immokalee Enterprise Zone
Development Agency for a 4 year term, said term to expire on April 4, 2011.
8. Carol Sykora of Code Enforcement is hereby confirmed for appointment to the
Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire
on April 4, 2011.
~ 9A
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Ira J. Malamut and Floyd Crews to this Committee.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Five D. of Ordinance No. 2001-55, as
amended, relating to a limitation of service to two committees simultaneously, for the
purpose of appointing Richard Rice to this Committee.
This Resolution adopted after motion, second and majority vote.
DATED: ApriJ 10, 2007
ATTEST:
DWIGHT E;BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~':'~~u~~ ~-L,
stgnature on1-
By' ~
'JA~ ,.
Approved as to form and
legal sufficiency:
~~'i
David C. Weigel ~
County Attorney
Item # <4; A.
Agenda L{ -1\:) -bl
Date
Dat~ '-H Io-Dl
Reed
~ ~rO~
Deputy Cle
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI) 9 B
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 h,md delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention oCthe Chairman's shmature, draw a line throUl!h routine lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
lList in routinp order'
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact 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 documenls needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attornev's Office
Agenda Date Item was April 10, 2007 Agenda Item Number 9B
Annroved bv the BCC
Type of Document Resolution D'\'~ ~ Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO 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 trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts. agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicahle.
Yes
(Ioitial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
@
N/A
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
J 98
RESOLUTION NO, 2007-83
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA TO APPOINT MEMBERS TO THE
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs
Advisory Board, provided that the Advisory Board shall consist of seven (7) members;
and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Hispanic Affairs Advisory Board shall consist of nine (9) members;
and
WHEREAS, there are currently vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
WHEREAS, the Hispanic Affairs Advisory Board has provided the Board of County
Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Rosalinda M. Martinez is hereby appointed to the Collier County Hispanic Affairs
Advisory Board to fulfill the remainder of the vacant term, said term to expire on June
25,2011.
2. Valaree D. Maxwell is hereby appointed to the Collier County Hispanic Affairs
Advisory Board to fulfill the remainder of the vacant term, said term to expire on June
25, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: April 10, 2007
ATTEST:. ,..
, ' DWIGHT E. BRbcK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,,:;.1 , .
~"~'~~):'
' _tune,." " rq,tt ,
51qnature no 1 v
BY:~~
J~S COLETTA, Chairman
Approved as to form and
legal sufficiency:
Item# ~B
Agenda LL~..... "'" l
Ode L ~u U'
;~:~ed 'i'1Io-D'l
rhu ~D
Deputy CI r
ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~IO L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TcT ~7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hlmd delivered to the Board Oft'icc, The completed routing slip llild original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line through routing lines #1 through #4, comolctc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
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 13CC 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 Bee office only after the Bee has acted to approve the
item,)
Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400
Contact Collier Countv Attornev's Office
Agenda Date Item was April 10, 2007 Agenda Item Number 9C
Approved by the BCC
Type of Document Resolution Ol....&tf Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the 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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made dnring the meeting have been incorporated in the attached docnment. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A lieable)
2.
3.
4.
5.
6.
[?)
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
RESOLUTION NO. 2007-84
9C
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY TO APPOINT THAD D, KIRKPATRICK TO
THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY
WHEREAS, the Board of County Commissioners of Collier County adopted
Resolution No. 79-34, creating the Collier County Industrial Development Authority
pursuant to the authority of Chapter 159, Part III, Florida Statutes; and
WHEREAS, the Collier County Industrial Development Authority is composed of five
(5) members with four-year terms; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with
its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Thad D. Kirkpatrick is hereby
appointed to the Collier County Industrial Development Authority for a four year term,
said term to expire on April 13, 2011.
This Resolution adopted after motion, second and majority vote.
DATED: April 10, 2007
AlTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
bj~ Wl ~I ~{J{~ ~( ,
At~ .r~t\ ,
,. ""... onl.
,on >rl".,
By'~
. JA , al .
Approved as to form and
legal sufficiency:
J~ e k~JI
David C. Weigel
County Attorney
Ilem# g(' ,
AgendaL{-1\)-DI
Date
Dat~ 't-Uol) 1
Reed
~~~
Deputy Clef 6 .
ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~LIg l.J
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's shmature, draw a line through routing lines #1 through #4, comolctc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attornev's Office
Agenda Date Item was April 10, 2007 Agenda Item Number 90
Approved bv the BCC
Type of Document Resolution Di- gS Number of Original I
Attached Documents Attacbed
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 Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pagcs from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC otTice within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by tbe BCC on (enter date) and all cbanges
made during tbe meeting bave been incorporated in tbe attacbed document. Tbe
Count Attorne 's Office bas reviewed tbe chan es, if a (icable.
Yes
(Initial)
2.
3.
4.
5.
6.
cQ
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
90
RESOLUTION NO, 2007-85
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT CLAY W, CONE
TO THE COLLIER COUNTY EDUCATIONAL FACILITIES
AUTHORITY
WHEREAS, on March 23, 1999, the Board of County Commissioners adopted
Resolution No. 99-177 authorizing the establishment of an Educational Facilities
Authority for Collier County; and
WHEREAS, the Authority is composed of five (5) members; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with
its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Clay W. Cone is hereby
appointed to the Collier County Educational Facilities Authority to fulfill the remainder of
the vacant term, said term to expire on March 23, 2009.
This Resolution adopted after motion, second and majority vote.
DATED:' April 10, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~:
fuw ~~~" ~(,
~ C l/'NO $
11gnaturt 0111-
By, g~
JAMr6-COL , airm n
Approved as to form and
legal sufficiency:
&~ '3i~
David C. Weigel
County Attorney
Item # ~
Agenda .~-"'..
D3te \.I \.U v I
~:~~d '1-10-01
ORIGINAL DOCUMENTS CHECKLIST & ROUTING "'It!) E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tlf 7 '(111)
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 Oence. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throul!h roOOm! lines # 1 throucl1. #4, comnlete the checklist, and forward to Sue Filson (line #51.
Route to Addressee(s) Office Initials Date
(List in routine 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
(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 stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee 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
Kay Nell, CLA
Collier Count Attorney's Office
April 10, 2007
Phone Number
Agenda Item Number
Extension 8400
9E
r!)
1
N/A
Resolution
Number of Original
Documents Attached
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Originall}.OJ.04, Revised 1.26.05, Revised 2.24.05
o
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 cxecuted by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
9E
'..,.".
RESOLUTION NO, 2007-86
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO REAPPOINT CLARK
WAKEFIELD HILL TO THE TOURIST DEVELOPMENT COUNCIL.
WHEREAS, Collier County Ordinance No. 92-18, as amended, created the Tourist
Development Council and provides that the Council shall be composed of nine (9) voting
members pursuant to Section 125.0104(4)(e), Florida Statutes; and
WHEREAS, the term of one (1) member will expire creating a vacancy on this
Council for the category of Owner/Operator; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Tourist Development Council has provided the Board of County
Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that Clark Wakefield Hill, representing the category of
Owner/Operator, is hereby reappointed to the Tourist Development Council for a 4 year
term, said term to expire on April 21, 2011.
This Resolution adopted after motion, second and majority vote.
DATED: April 10, 2007
ATTEST:
DWIGHT E.' BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
b~: ~ ' i\ t,u..:"~ I:JL.
DeputY',<:lerk6 .
Attest ., to Ole Il'lll4n ~
sionetur~ on 1 ,
Approved as to form and
'eg" ,"ffi';eo'Y'~
JI1A~~ t
David c. Weigel
County Attorney
r'---~---'
I Item # ~-~l
,
~ ~
I i;~~8d :\-\10 ~D 1
l~~
J Deputy ~~_ ~-1
",-.--"". ---
9G
RESOLUTION NO. 2007. 87
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS SUPPORTING ADDITIONAL
FUNDING FOR FLORIDA FOREVER AND THE
CREATION OF A SUCCESSOR PROGRAM
WHEREAS, the Florida Forever program and its predecessor Preservation 2000 program
have immeasurably contributed to environmental health, quality of life, recreation, and
sustainability in Florida for this and future generations; and
WHEREAS, Florida Forever has acquired over one million acres throughout Florida
since 2000 and allocates $300 million annually to purchase and restore environmentally sensitive
and outdoor recreation lands through numerous successful partnerships with cities, counties,
state agencies, water management districts, nonprofit organizations, private landowners, and
others in achieving its conservation purposes; and
WHEREAS, Florida Forever produces benefits that include clean air and water; healthy
fisheries and wildlife habitat; enhanced water supply protection; and protection of open spaces
including greenways, recreational and park lands, forests, and water bodies; and
WHEREAS, Florida Forever, through the Florida Communities Trust, has assisted
Florida's cities and counties in protecting their cultural and historical resources and provided
recreational outdoor experiences in both urban and rural settings; and
WHEREAS, Florida Forever has helped to save many of Florida's beaches, rivers, bays,
forests, coral reefs and estuaries that provide the foundation for Florida's $3 billion tourism
industry that attracts more than 80 million visitors each year; and
WHEREAS, thirty Florida local governments have enacted land acquisition financing
programs in the past decades, and these conservation programs serve to leverage Florida Forever
funding and increase the impact of State land conservation funding; and
WHEREAS, research by the Florida Forever Coalition has found that well in excess of
$10 billion in State funding is currently needed to purchase wildlife and wilderness areas, parks
and open space for our state's ecological sustainability and increasing human population; and
WHEREAS, a 2005 public opinion survey conducted by the Florida Forever Coalition
found that 78% of Florida's voters approve of the Florida Forever program; and
WHEREAS, Florida Forever has protected several ecologically important natural areas
within Collier County including Belle Meade and lands within the Corkscrew Regional
Ecosystem Watershed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Commission supports increases in the current spending allowance and future funding
allocated to Florida Forever.
The Commission declares its support to the State of Florida Legislature for the creation
and funding of a successor program to the Florida Forever program
I
9G
The Chairman is authorized to send letters to the legislative delegation relaying this
Resolution and advocating additional funding for Florida Forever, as well as the creation and
funding of a successor program to Florida Forever.
This Resolution shall be effective upon adoption.
This Resolution adopted this 10th day of April, 2007, after motion, second and majority
vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:. '~.'. ~~IJ,L-
Attest ",'to Cball'lllA S
sjgnlWr't 'OIll~.
BY~~
JAM COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
~~~f;~L'~Q
David C. Weigel
County Attorney
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 I!
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i'j
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 .Il.tRr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chainnan's simature, draw a line throwu routin2lines #1 throUlzh #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin2 order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
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 createdlprepared the executive
summary. Primary contact infonnatlon 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 Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
A
a.Jt-v b 0(1
(I I 10 007
(ee men +-
~'5q- 5721
10
I
fW
Af
I: Forms! County Forms! Bee Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Agenda Hem Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a r nate.
Original document bas been signed/initialed for legal sufficiency. (All documents to be
signed by the Cbainnan, 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 bave 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 bave been initialed by the County Attorney's
Office and all other arties exc t the BCC Cbainnan and the Clerk to the Board
The Cbainnan's signature line date bas 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 Cbairman' s
si ture and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 a e f our deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have heen incorporate in he attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licahle.
2.
3.
4.
5.
6.
10 A
'''l
Prepared by:
Jeffrey A KJatzkow
Managing Ass't. Collier County Att'y.
3301 Tamiami Trail East
Naples, FL 34112
This space for recording
AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES
CHARITABLE ORGANIZA nON IMP ACT FEE DEFERRAL PROGRAM
, . f"
This Agreement for the Deferral of Impact Fees is entered into this ~ day of
t\f fl,.\ ,2007, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "County," and
Collier Health Services, Incorporated, hereinafter referred to as "Charitable Entity," collectively
referred to as the "Parties."
RECITALS:
WHEREAS, Sec. 74-203(i) of the Collier County Consolidated Impact Fee Ordinance, as
amended, provides for deferrals of impact fees for qualified charitable organizations and
charitable trusts (hereinafter referred to as the "Charitable Organization Impact Fee Deferral
Program"); and
WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as
authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this
application is on file in the Impact Fee Administrator' office; and
WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's
application and has found that it complies with the requirements for deferral of impact fees as
outlined in the Charitable Organization Impact Fee Deferral Program; and
WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact
fees subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
Page 1
10 A
I. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The address and legal description of the property which is the subject of this impact
fee deferral (hereinafter referred to as the "Subject Property") is attached as Exhibit "A."
3. The County hereby defers the sum of $100,000 in impact fees, which Charitable
Entity acknowledges would be otherwise due and owing. These deferred impact fees are
itemized in Exhibit "B."
4. These impact fees will be deferred so long as the Charitable Entity utilizes the Subject
Premises in the manner set forth in the Application. Should this stated use end for any reason
whatsoever, or should the Charitable Entity lose its status which qualified it for eligibility under
the Charitable Organization Impact Fee Deferral Program, then this deferral period will end, and
full impact fees will be due and owing, calculated on the then-current fee schedule for the then-
existing use of the Subject Property, with no credit being given for the deferred impact fees.
Charitable Entity shall provide County within 30 days of written request with proof of its
continued eligible status on request, failing which County may terminate this deferral.
6. This Agreement is personal to the Charitable Entity, and as such, this Agreement may
not be assigned or otherwise transferred to anyone without County's prior written consent, which
consent may be freely withheld.
7. This Agreement shall not be construed to create a lien on the Subject Property, but is
intended to place future owners or occupiers of the Subject Property on notice that full impact
fees may be due following the termination of use of the Subject Property by the Charitable
Entity.
8. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other conununications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
Page 2
10 A
To County:
Hannon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Attn: County Manager
To Charitable Entity:
Collier Health Services, Incorporated
1454 Madison Avenue
Immokalee, Florida 34142
Attn: Vice President
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overrright delivery service.
13. Charitable Entity shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
County enters into this Agreement. Charitable Entity shall pay all costs of recording this
Agreement. The County shall provide a copy of the recorded document to Charitable Entity
upon request.
14. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for relief in the Circuit Court of Collier County to
enforce the terms of this Agreement, which shall be the sole venue for any such disputes.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 3
10 A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By J~~
(By.. ..
~;'. Atest~:;t~dh4'IPQw~Clerk
.. -l~~~~~J;LEENTITY:
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WITNESSES:
~~h1f:viRiA JCN~/~'~
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PrintName:ftra- '7l'\'jder
COLLIER HEALTH SERVICES, INC.
BY:~~
Print Name: ~H . 1lJA-
Print Title: YI u:: PI<! e:s I J>CAJT
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this :t r-lt!:l, day of
fl. ~l \ ,2007, by<;/1a-.",.., 6. ~ Vie'" ~sld.....-t- of Collier Health Services,
Incorporated, who is personally known to me or has produced IJ/", as
identification.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
WITNESS my hand and official seal this ;?'1~ day of Epr', \
~U/AvC~
Notary Pub)"
t!~ 11. 'JUlKL~
Printed Name
DD'H8'L'71
Commission No.
,2007.
lVo~bv- ~,d-DL'1
Expiration Date
App est
and I s L
Jeffrey. . Klatzk MI
Manag g Assist County Attorney
Page 4
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EXHIBIT "A"
LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS
The East 20 feet of the West Yz of the Northeast Y. of the Northeast Y. of the Northeast Y. of
Section 7, Township 50 South, Range 26 East, Collier County, Florida
But Less and Except the North 75 feet (right-of-way of S.R. 84) and the East 60 feet (right-
of-way of Heritage Lane) thereof.
Page 5
10 A
EXHIBIT "B"
DEFERRED IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Road Impact Fee
C. General Government Building Impact Fee
D. Law Enforcement Impact Fee
TOTAL DEFERRED IMPACT FEES
Page 6
Amount ~wed
$ 26.15
$ 98,394.46
$ 1,306.11
$ 273.28
$100,000.00
ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sill). B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5\.
Route to Addressee(s) Office Initials Date
(List in routinQ: order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courts 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 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 Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Jerry Kurtz Phone Number 213-5860
Contact
Agenda Date Item was 4/1 0107 Agenda Item Number lOB
Annroved bv the BCC
Type of Document SFWMD Funding Agreements Number of Original 2 original copies of 2
Attached And ES Documents Attached separate agreements
and I copv of ES
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes N/A(Not
approPriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
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, GIL
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 nossiblv State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's r-J / it
Office and all other parties except the BCe Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the GIL
document or the final nepotiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's G1L.
sip-nature and initials are reouired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC ottice within 24 hours of BCC approval. bit
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on _~.~_. and all changes madc during the ~(A
meetinp have been incornorated in the attached document. The CountY Attornev's Office
INSTRUCTIONS & CHECKLIST
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip
WWS Original 9.03.04
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Cun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: PO. Box 24h80, West Palm 13(',lCh, fL 33416-4680 . www.sfwmd.gov
Overnight Delivery
20429579251
March 5, 2007
Mr. Gerald N. Kurtz, P.E.
Principal Project Manager
Collier County
Stormwater Department
2885 South Horseshoe Drive
Naples, FL 34104
Dear Mr. Kurtz:
Subject:
Contract SAP# 4600000625
Lely Brach Canal Construction- Lasip Phase 1A
Please find enclosed two (2) signed copies of the subject document for
placement on the Collier County commissioners meeting agenda for Mal(;11 27,
~ Lf-{o-lB
Please return one (1) fully executed copy to my attention.
Thank you for your efforts on behalf of the South Florida Water Management
District (District). Should there be any questions, or if you require any additional
information, please contact me.
~*JMiy-
kJRupert Giroux
/) v ~ Contract Specialist
Procurement Department
rgiroux@sfwmd.gov
(561) 682-2532
FAX: (561) 681-6275
RG/cs
Enclosure
c:
Max Guerra MSC-6862
ProcuremenUOriginal File
GOFERN1NG HOARD
EXECU7'1VE OFFJCE
Kevin McCarty, Clwiy
lrela t\1. BagUl\ Vin'-C/lIlir
Miva Burt-Stewart
AliL'(.'}, Carls()I1
Mich,wl Cllllin<;
NicoLis I. C(lli,'rn'z, J1'., Fsq
Lennart E. Lindahl, P.E.
I l<lrkky R. Thornton
Malcolm S. Wade, Jr
Carol Ann Wehle, Ex<'clItipc Director
8
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ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000625
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
JAN L 6 l007
THIS AGREEMENT is entered into as of the
the South Florida Water Management District (DISTRICT) and Collier County (COUNTY).
by and between
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for Lely Branch
Canal Construction - LA SIP Phase IA; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the District at its January 11, 2007 meeting, approved eotering into
this AGREEMENT with the COUNTY; and
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1.
The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with
their respective authorities to construct stormwater management system improvements to the Lely Branch
Canal from Rattlesnake Hammock Road north to Kings Lake.
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of One (1) Year.
3. The total DISTRICT contribution shall not exceed the amount of One MiIlion, One Hundred Ninety
Thousand Dollars and No Cents ($1,190,000.00). The DISTRICT will provide the full amount based on
the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of
this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual
expenditures within the not-to-exceed AGREEMENT funding limitation of $1,190,000.00. In no event
shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total
consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each
applicable fiscal year of this AGREEMENT wiIl be subject to Governing Board budgetary appropriation.
In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT
shall terminate upon expenditure of the current funding, notwithstanding other provisions in this
Agreement 4600000625, Page I of 5
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AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of
the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this
AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting
of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of $10,010.00 in conformity with the laws and
regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which
is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress
reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under
the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution
of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded
through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or
transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's
Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It
is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for
any expenses or liabilities incurred under the subcontract(s).
8.
Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but
not limited to, all documents, technical reports, research notes, scientific data, computer programs,
including the source and object code, which are developed, created or otherwise originated hereunder by
the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include
the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no
additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware
purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible
property.
9.
The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent acts or omissions of the COUNTY and the officers,
employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's
Compensation and liability insurance, covering bodily injury, personal injury and property damage, with
such protection being applicable to the COUNTY, its officers and employees while acting within the scope
of their employment during performance of under this AGREEMENT. In the event that the COUNTY
subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and
every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required
by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the
COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all
damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (I) denying to either party any remedy or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3)..
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of
independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or
Agreement 4600000625, Page 2 of 5
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assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise
subjected to discrimination in any activity under this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY
for authorized work performed through the termination date shall be returned to the DISTRICT within
sixty (60) days of termination.
15. The COUNTY shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The
COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or performance of this AGREEMENT including
supporting documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted govermnental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availabilitv of Records for Legal DisDutes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the
final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT.
17.
Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall,
in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and
similarly require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as
set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through:
(I) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or.
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
Agreement 4600000625, Page 3 of 5
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B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding agency shaH have the right
to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the
COUNTY's use of state or federal fmancial assistance and to determine whether timely and appropriate
corrective actions have been taken with respect to audit findings and recommendations which may include
ansite visits and limited scope audits.
18. AH notices or other communication regarding this AGREEMENT shaH be in writing and forwarded to the
attention of the foHowing individuals:
South Florida Water Management District
Collier County
Attn: Max Guerra, Project Manager
Telephone No. (239) 597-1505 ex!. 7612
Attn: R. Shane Cox, Project Manager
Telephone No. (239) 659-5792
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
2705 Horseshoe Drive South
Naples, FL 34104
Address:
P.O. Box 24680
330 I Gun Club Road
West Palm Beach, FL 33416-4680
19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not
suffice to legaHy bind DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT shaH inure to the benefit of and shaH
be binding upon the parties, their respective assigns, and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties.
The DISTRICT shaH be responsible for initiating any amendments to this AGREEMENT, ifrequired.
21.
22.
This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any
forum of competent jurisdiction, such invalidity shaH not affect any other term or provision of this
AGREEMENT, to the extent that the AGREEMENT shaH remain operable, enforceable and in fuH force and
effect to the extent permitted by law.
23.
Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this
AGREEMENT by the parties shaH not be deemed a waiver of any of its rights or remedies, nor shaH it relieve
the other party from performing any subsequent obligations strictly in accordance with the terms of this
AGREEMENT. No waiver shaH be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shaH be limited to provisions of this AGREEMENT specificaHy referred
to therein and shaH not be deemed a waiver of any other provision. No waiver shaH constitute a continuing
waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understtmding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of this AGREEMENT.
Agreement 4600000625, Page 4 of 5
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26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 24
(b) Exhibit "A" Statement of Work
(c) all other exhibits, attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
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Date:
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
::'u..co~ 4f
Date: April 10, 2007
Board of County Commissioners
James Coletta, Chairman
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Agreement 4600000625, Page 5 of 5
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EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
LELY BRANCH CANAL CONSTRUCTION-LASIP PHASE lA
A. INTRODUCTION
For Fiscal Year 2006, the District received funding from the Florida State Legislature for
implementation of watershed restoration projects in Southwest Florida called the Naples Bay
Initiative via SAl7l7A of the General Appropriations Act. Under this Initiative are several
projects addressing important water restoration and management issues in Collier County. The
goals of the Initiative are to:
. Construct stormwater treatment structures/facilities that improve polluted runoff and
. Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries.
One of the locations in Collier County that would greatly benefit from improved stormwater
management is the Lely Area. The Lely Area is approximately bounded by Radio Road to the
north, Rookery Bay National Estuarine Research Reserve to the south, Airport-Pulling Road and
a theoretical southward extension of the same to the west and CR 951 to the east. The Lely Area
Stormwater Improvement Project (LASIP) area is shown below. The LASIP system will provide
a comprehensive stormwater outfall system for this area of East Naples formerly known as Water
Management District #6 which has experienced an increasing level of drainage related problems
as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres
and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor
Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the
intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine
coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay.
Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is generally good at present but could be expected to deteriorate
unless an improved water management outfall system for the area is developed. This agreement
provides funding to Collier County to construct stormwater management system improvements
to mitigate flooding and provide surface water quality improvements associated with LASIP
Phase lA. That portion is the Lely Branch Canal from Rattlesnake Hammock Road north to
Kings Lake.
B. OBJECTIVES
The purpose of these stormwater management system improvements associated with the Lely
Branch Canal portion of LASIP is to mitigate flooding by providing enhanced conveyance
capabilities while improving water quality through discharge into an estuarine coastal zone along
the intercoastal waterway near Dollar Bay. The implementation of this project will result in
tangible improvements to flood mitigation and stormwater quality in the East Naples/Lely Area.
Page I of 4, Agreement 4600000625
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C. SCOPE OF WORK
The LASIP Phase IA construction is currently scheduled to begin in 2006 within the Lely Canal
Basin. The scope of work for this cooperative agreement is to reconstruct the Lely Branch
Canal, known as LASIP Phase IA. This project consists of deepening and widening an existing
canal to the designed cross section, increasing the flow capacity. The part of the canal to be
reworked consists of approximately I mile of the Lely Branch Canal from Rattlesnake Hammock
Road northward to the south boundary of the Kings Lake Community. The canal, which
currently partially is in the FPL easement immediately to the east, also will be properly
reconstructed within the existing County drainage easement.
As part of its cost share, Collier County developed the design and obtained the necessary permits
for this project. The necessary SFWMD and USCOE permits have been issued for this portion of
the project. This agreement provides funding support for the construction and construction
management of the stormwater management system improvements associated with LASIP Phase
IA.
D. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to assist the County during construction.
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shall be responsible for reviewing and approving
deliverables from its construction contractor(s) and consultant(s) to ensure that the project
objectives are met.
Task 1: Construction Biddinl!
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Task I includes completion of the construction bidding process needed through issuance ofthe
Notice-to-Proceed with construction. Task I consists of the following activities, as required.
. AdvertisinglDistribution of Bid Specifications
. Bid Specification Addendums, as required
. Bid Opening
. Bid Technical/Commercial Review
. Selection ofContractor(s)
. Insurance Requirements
. Issuance of Notice- to-Proceed with Construction
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Deliverable: Notice-to-Proceed with Construction
Task 2: Mobilization and Clearinl!
. Develop Soil Management Plan
. Obtain schedule from Contractor
. Obtain Work Plan from Contractor
. Complete vegetative clearing along bank
Page 2 of 4, Agreement 4600000625
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. Develop and implement power pole relocation plan
Deliverables: Copies of Contractor's schedule and Work Plan
Task 3: Construction
Task 3 includes construction, engineering oversight, and project management of the construction
activities as identified below, as required.
· Construction of Phase IA of the LASIP in accordance with approved plans, specifications
and permit requirements
· Other construction activities that are directly and appropriately associated with achieving
the project objectives or completing the project scope including public outreach
. Engineering Oversight and Project Management
. Addendums or revisions to design plans and specifications
. Site Visits
. Inspection and Testing
. Construction Observation
. Final Certification
Deliverables: Copy of the 50% Completion Certification and the Construction Substantial
Completion Certification
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Page 3 of 4, Agreement 4600000625
108
EXHIBIT "B"
PAYMENT AND DELIVERABLES SCHEDULE
. A summary deliverable and payment schedule associated with this project is set forth below
including specific deliverables associated with each task and due dates for all deliverables.
. All deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of project invoices in
accordance with the schedule set forth below. All invoices shall be accompanied by adequate
documentation to demonstrate completion of each task in accordance with this Statement of
Work document.
. Total payment by the District for all activities hereunder shall not exceed the amount of
$1,190,000. The District's cost share amount shall not exceed 50% of the combined total
project cost.
If the total consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board
budgetary appropriation. In the event the DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this AGREEMENT to the contrary.
Task I: Construction
Bidding
Notice to Proceed
$500.000
2 months
Task 2: Mobilization and Contractor's schedule and Work 6 months
Clearing Plan
$500,000
Task 3: Construction of 50% Completion of Construction 10 months
Lely Branch Canal (Rat- Certification
Ham Rd to Kings Lake)
$190,000
Total SFWMD/BCB Share $1,190,000
· All dates are referenced from the date of execution of this agreement and are estimated.
.. The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In no event shall the District's total obligation exceed
$1,190,000 as specified above. The County is responsible for any additional funds either
through local revenues, grants, other appropriations, and/or other funding sources.
Page 4 of 4, Agreement 4600000625
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida .13406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TOD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, fL 33416A680 . www.sfwmd.gov
Overnight Delivery
20429579251
March 5, 2007
Mr. Gerald N. Kurtz, P.E.
Principal Project Manager
Collier County
Stonnwater Department
2885 South Horseshoe Drive.
Naples, FL 34104
Dear Mr. Kurtz:
Subject:
Contract SAP #4600000627
Gateway Triangle Stormwater Improvements phase I Construction
Please find enclosed two (2) signed copies of the subject document for placement on the Collier
County Commissioners meeting agenda for M;"(-'I. 1. I, 1.UU I.
,-lb-O,
Please return one (1) fully executed copy to my attention, along with, if applicable and not
previously submitted, a Certificate of Insurance reflecting the required coverage. Note that this
document is not binding on the parties until it is approved by the appropriate level of authority
and executed by both parties.
Thank you for your efforts on behalf of the South Florida Water Managerr,ent District (District).
Should there be any questions, or if you require any additional information, please contact me.
Sincerely,
~~~V~\f\i
Rupert Giroux
Contract Specialist
Procurement Department
rgiroux@sfwmd.gov
(561) 682-2532
FAX: (561) 681-6275
RG/cs
Enclosure
c:
Max Guerra MSC-6862
Procurement/Original FIle
GOVERNING BOARD
EXECUTIVE OFFICE
Kevin McCarty, Chair
lrela M. Bague, Vicc-Chair
Miya Burt-Stewart
Alice J. Carlson
!\1ichal'J Cnllins
Nicoliis J. Cutil'rrL'z, Jr., [sq.
Lentli'lrt F. Lindahl, !'_E.
Harkky !{. Thornton
rvldlco!m S, \Vade, Jr.
Carol Ann Wehle, Executive Director
E)
10
ORIGIN~L
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000627
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of the
the South Florida Water Management District (DISTRIC
r'l\ 10 LODf
) and Collier County (COUNTY).
by and between
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for Gateway
Triangle Stormwater Improvements - Phase I Construction; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the District at its January II, 2007 meeting, approved entering into
this AGREEMENT with the COUNTY; and
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1.
The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with
their respective authorities to construct a detention pond, sheet piling, box culvert and force main to
Linwood A venue.
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of One (1) Year.
3. The total DISTRICT contribution shall not exceed the amount of Eight Hundred Thousand Dollars and No
Cents ($800,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable
Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The
DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the
not-to-exceed AGREEMENT funding limitation of $800,000.00. In no event shall the DISTRICT be
liable for any contribution hereunder in excess of this amount. If the total consideration for this
AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this
AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT
does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the
Agreement No. 4600000627, Page I of 5
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contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT
budget for each subsequent fiscal year if funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting
of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of $3,700,000.00 in conformity with the laws and
regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which
is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress
reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under
the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution
of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded
through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or
transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's
Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It
is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for
any expenses or liabilities incurred under the suhcontract(s).
8.
Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but
not limited to, all documents, technical reports, research notes, scientific data, computer programs,
including the source and object code, which are developed, created or otherwise originated hereunder by
the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include
the umestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no
additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware
purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible
property.
9.
The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent acts or omissions of the COUNTY and the officers,
employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's
Compensation and liability insurance, covering bodily injury, personal injury and property damage, with
such protection being applicable to the COUNTY, its officers and employees while acting within the scope
of their employment during performance of under this AGREEMENT. In the event that the COUNTY
subcontracts any part or al1 of the work hereunder to any third party, the COUNTY shal1 require each and
every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required
by the COUNTY. Any contract awarded by the COUNTY shal1 include a provision whereby the
COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all
damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of
independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or
assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
Agreement No. 4600000627, Page 2 of 5
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assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise
subjected to discrimination in any activity under this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
14. Either party may tenninate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY
for authorized work performed through the termination date shall be returned to the DISTRICT within
sixty (60) days oftennination.
15. The COUNTY shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The
COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or performance of this AGREEMENT including
supporting documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availabilitv of Records for Legal Disputes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the
final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT.
17.
Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall,
in addition to the inspection and audit rights set forth in paragraph # 16 above, maintain records and
similarly require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as
set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
Agreement No. 4600000627, Page 3 of 5
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B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right
to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the
COUNTY's use of state or federal financial assistance and to detennine whether timely and appropriate
corrective actions have been taken with respect to audit findings and recommendations which may include
ansite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the
attention of the following individuals:
South Florida Water Management District
Collier County
Attn: Max Guerra, Project Manager
Telephone No. (239) 597-1505 ext. 7612
Attu:R. Shane Cox, Project Manager
Telephone No. (239) 659-5792
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
2705 Horseshoe Drive South
Napl;es, FL 34104
Address:
P.O. Box 24680
330 I Gun Club Road
West Palm Beach, FL 33416-4680
19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not
suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties.
The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required.
21.
22.
This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any
forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent pennitted by law.
23.
Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve
the other party from perfonning any subsequent obligations strictly in accordance with the terms of this
AGREEMENT. No waiver shaH be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other forms of non-binding alternative dispute resolution mutuaHy acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of this AGREEMENT.
26. Any inconsistency in this AGREEMENT shaH be resolved by giving precedence in the following order:
Agreement No. 4600000627, Page 4 of 5
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(a) Terms and Conditions outlined in preceding paragraphs 1 - 24
(b) Exhibit "A" Statement of Work
(c) all other exhibits, attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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SFWMD PROCUREMENT APPROVED
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COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORID
By:
Date: ril 10, 2007
Board of County Commissioners
James Coletta, Chairman
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Dwight E. Br(lck, Clerk
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Agreement 4600000627, Page 5 of 5
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EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
GATEWAY TRIANGLE STORMW ATER IMPROVEMENTS
PHASE I CONSTRUCTION
A. INTRODUCTION
In 2006, the South Florida Water Management District (District) received funding from the
Florida State Legislature via SA 1821 for watershed restoration projects under the Naples Bay
Initiative. Within the Naples Bay Initiative are several projects addressing important water
restoration and management issues in Collier County. The goals of the Initiative are to:
.
Construct storm water treatment structures/facilities that improve polluted runoff,
Reduce the amount of freshwater entering the Bay and, ultimately,
Restore sea grasses, oyster reefs, and mangroves in the Bay.
.
.
There are three locations within the Naples Bay watershed that would greatly benefit from
increased watershed restoration and improved stormwater management:
. Gordon River Basin,
. Gateway Triangle, and
. Lely Area
This scope addresses the Gateway Triangle stormwater management system. The Gateway
Triangle is a highly urbanized residential/commercial area adjacent to Naples Bay. The existing
storm water management facility is old, inadequate, and unable to provide relieffrom urban
flooding. Uncontrolled/untreated stormwater runoff continues to carry heavy loads of pollutants
directly into Naples Bay. In 2001, the District and Collier County sponsored a stormwater
retrofit project involving the installation of an outlet control and backflow prevention valves, but
much more needs to be done.
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The purpose of this project is to attenuate flooding by reducing flows and durations of water
events in the Gateway Triangle Area while improving water quality of runoff ultimately
discharged to Naples Bay.
C. SCOPE OF WORK
The project area is a triangular area generally bounded by Davis Boulevard (SR 84) to the north,
Tamiami Trail (US 41) to the south, and Airport-Pulling Road to the east in Naples, Florida. The
stormwater system improvements involve the western portion of the Gateway Triangle area and
extend east to Shadowlawn Drive. The County shall construct Phase I of the project to improve
surface drainage and provide stormwater treatment in accordance with the permitted plans and
Page 1 of 4, Agreement 4600000627
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specifications. The stormwater system consists of a stormwater collection system, detention
pond, force main and pump station to accomplish the objectives by retrofitting the existing
stormwater facilities, where installed. Phase I of the construction includes construction of the
detention pond, sheet piling, box culvert and force main to Linwood Avenue, and stormwater
force main discharges to gravity discharges at Palm Street and Brookside Drive.
D. WORK BREAKDOWN STRUCTURE
Proiect Manal!:ement
The County shall be responsible for the satisfactory completion of the project as described herein
and may retain a consultant to provide the professional services needed to complete the design,
plans, specifications, permits, construction bidding and construction oversight.
The County is responsible for project management, budget management and quality control. The
County is responsible for reviewing and approving deliverables from the consultant to ensure
that the project objectives are met.
Task 1: Construction Biddinl!:
Task I includes completion ofthe construction bidding process needed through issuance of the
Notice-to-Proceed with construction. Task I consists of the following activities, as required.
. Bidding
. AdvertisinglDistribution of Bid Specifications
. Bid Specification Addendums, as required
. Bid Opening
. Bid Technical/Commercial Review
. Selection of Contractor(s)
. Authorization of Contractor(s)
. Insurance Requirements
. Issuance of Notice-to-Proceed with Construction
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Deliverable: Notice-to-Proceed with Construction
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Task 2: Construction
Task 2 includes construction, engineering oversight, and project management of the construction
activities as identified below, as required.
. Construction of Phase I of the Gateway Triangle Stormwater Management System
Improvements in accordance with approved plans, specifications and permit requirements
. Other construction activities that are directly and appropriately associated with achieving
the project objectives or completing the project scope including public outreach
. Engineering Oversight and Project Management
. Addendums or revisions to design plans and specifications
Page 2 of 4, Agreement 4600000627
. Site Visits
. Inspection and Testing
. Construction Observation
. Final Certification
Deliverables: Notice to- Proceed, Copy of the 50% Completion Certification and the
Construction Substantial Completion Certification
Page 3 of 4, Agreement 4600000627
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EXHIBIT "B"
PAYMENT AND DELlVERABLES SCHEDULE
This is a cost-share project with funding coming from the District and Collier County. The
project is expected to cost approximately $4.5 million. The District's share will be $800,000.
Collier County's share will be the balance.
. A summary deliverable schedule associated with this project is set forth below.
. All deliverables submitted hereunder are subject to review by the District. Acceptability of
all work will be based on the judgment of the District that the work is technically credible,
accurate, precise and timely.
If the total consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board
budgetary appropriation. In the event the DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this AGREEMENT to the contrary.
Notice to Proceed
50% Com letion Certification
2 months
12 months
$400,000
$400,000
Total SFWMDIBCB Share
5800,000
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* All dates are referenced from the date of execution of this purchase order and are estimated.
** The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In no event shall the District's total obligation exceed
$800,000 as specified above. The County is responsible for any additional funds either through
local revenues, grants, other appropriations, and/or other funding sources.
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ORIGINAL DOCUMENTS CHECKLIST & ROUTINC':i.J.i\>C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ~V
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throUlzh routinlllines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
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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 created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
(
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on tf ./0. (Y7 (enter date) and all changes
made during the meeting bave been incorporated in the attacbed document. The
Count Attorue 's Office has reviewed the chau es, if a licable.
Yes
(Initial)
N/A (Not
A lieable)
2.
3.
4.
5.
6.
I: Forms! County Forms! Bec Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
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TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board Minutes and Records DATE: April II, 2007
Lorraine Lantz, ROW Coordinator - 213-5843 .. /!J
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Resolution 2007-89
FROM:
SUBJECT:
Please execute the attached Condemnation Resolution (Resolution # 2007-89) and return 1
standard copy and 2 certified copies to my attention in the Transportation ROW Department at
2885 S. Horseshoe Dr., Naples, FL 34104.
Project Code:
Fund I Cost Center:
Copy Code:
511012 - Lely Area Stormwater Improvement Project
301 - 172945
651210
Thank you!
Lorraine Lantz
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RESOLUTION NO. 2007...JfL
A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS
AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
STORMWATER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LELY AREA
STORMW A TER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES (CAPITAL
IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 511012).
WHEREAS, the Board of County Commissioners desires to improve the treatment and
control of stormwater in the East Naples Area in order to alleviate flooding; and
WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage system for an II, I 00 acre plus or minus area located in East Naples; and
WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement
Project include the widening and deepening of existing canals and ditches, constructing new
canals, constructing new surface water control structures (weirs), improving existing surface water
control structures, constructing spreader lakes and berms, constructing a lime rock access road and
installing fencing at the County's discretion, and constructing a pump station; and
WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in
accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth
Management Plan; and
WHEREAS, the real estate lnterests necessary for construction of the proposed
improvements are collectively represented by the legal descriptions comprising Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range
planning options, and public safety considerations, the Board desires to exercise its right to
condemn the Property for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that it is necessary and in the public's best interest to acquire the property described in
Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of
the Lely Area Stormwater Improvement Project located in East Naples, and for providing access
to the improvements, in order to protect the health, safety and welfare of the citizens of Collier
County.
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AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon
the Property is part of the County's long range planning effort to alleviate flooding in the East
Naples area.
AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports
concerning alternative locations for the project, various impacts to the environment, public safety
and welfare considerations associated with the design and construction of the project, and the costs
associated with the design, property rights acquisition, and construction of the project; and the
Board finds that after consideration of these issues, the most feasible location for construction of
the proposed improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A"
attached hereto and incorporated herein are necessary for the construction of the Lely Area
Stormwater Improvement Project.
AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
immediately acquire by gift, purchase or condemnation, in accordance with the provisions of
Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more
particularly described in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and
therefore it will not be necessary to remove any mobile homes from the Property to be acquired.
This Resolution, adopted on this /Dft" day of -.Aprl ( ,2007, after motion,
second and majority vote supersedes and replaces Resolution No. 2006-285.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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Item# iDG
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Assistant County Attorney
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Page 2
Condemnation Resolution
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THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02'48'30" W ALONG THE WEST LINE OF SAID SECTION 32
1650.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02'48'30. W 300.00 FEET; THENCE.
S 89'38'10" E 300.00 FEET; THENCE N 02'48'30" E 300.00 FEET; THENCE N 89'38'10" W 300.00' TO THE
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,
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RiW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
6) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
,--'--
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DATE
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SHEET 1 OF 1
JUNE 8, 2000
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAM:lAMJ: TRAIL NAPLES, FLORIPA 34112
(941) 774~8192
.. DC
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P.O c:NW COR SEC. 32,
TWP.508, RGE. 26E
SKETCH OF DESCRIPTION
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THE WEST60:FEET OF THE FOllOWING DESCRIBED PARCEL:
COMME"CE,ATT~E NORTHWEST CORNER OF SECTION 32"TOWNSHIP SO SOUTH, RANGE" EAST,
COtllERCOUNTY, FLORIDA; THENCE S ".~'"O. W ALONG THE WEST UNE DE "'0 SECTION"
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GENERAL NOTES
1) P.O.C. '" POINT OF COMMENCEMENT
2)P.O.B. "'POINT'OF BEGINNING
3) SEc. ~ SECTION
~) TWp. '" TOWNSHIP
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3301 EAST TAMlAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
lac
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~ S 89'38'10" E
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THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, ToWNsHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02'48'30' W ALONG THE WEST LINE OF SAID SECTION 32
600.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE S 02'48'30" W 300.00 FEET; THENCE
S 89'38'10" E 300.00 FEET; THENCE N 02'48'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING. . Containing 18;000 Sq. Feet, more or less.
GENERAL NOTES
1) P.O.C. " POINT OF COMMENCEMENT
2) P.O.B. "POINT OF BEGINNING
3) SEC. " SECTION
4) IWP. "TOWNSHIP
5) RGE. " RANGE
6) RfW" RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
, ..
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NOT TO SCALE
DATE . FILE NO." y,1'" . '
JUNE 8, 2000 '" GwYS18
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PREPARED By;'...^."...,,,...~..
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COLLIER COUNTY I'il:JBLIC WORKS
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(941) 774-8192
<.~
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT 51101;2.
PARCEL ..;,~ 800
FOLIO 00 "'1-1 c 2.8 OCoS"
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, MAINTENANce EASEMENT
LEGAL DESCRIPTION .
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30. W 150.00 FEET; THENCE
S 89'38'10" E 300.00 FEET; THENCE N 02046'30. E 150.00 FEET; THENCE N 69'36'10.W 300.00' TO THE
POINT OF BEGINNING. ContainiJ1g 9.000 Sq. Feet, more or less.
GENERAL NOTES
1) P.O.C. . POINT OF COMMENCEMENT
2) P.O.B. . POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RIW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DATE
NOT TO SCALE
JUNE 8, 2000
FI o'.',<~~i'
<3WY817
SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
IOC
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE. 26E
SKETCH OF DESCRIPTION
NOT A SURVEY
S 89'38'10" E 300.00'
c EXHIBIT 4
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PERPfTuAL. NON-ExClUSIVE
~, DRAINAGE AND
MAINTENANce EASeMENT
LEGAL DESCRIPTION,
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA: THENCE S 02'48'30" W ALONG THE WEST LINE OF SAID SECTION 32
300.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02'48'30" W 150.00 FEET; THENCE
S 89'38'10" E 300.00 FEET; THENCE N 02'48'30" E 150.00 FEET; THENCE N 89'38'10" W 300.00' TO THE
POINT OF BEGINNING. Containing 9,000 Sq. Feet, more or less.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.8. = POINT OF 8EGINNING
3) SEC. = SECTION
4) iWP. = TOWNSHIP
5) RGE. = RANGE
6) RIW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED By';
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CQLIjlER,COUNrx.:~UIj\H9'WORKS
3301 E.TArv1IAMI;r;~!J:',
NAPLES, FLORIDA ~4'11?)
NOT TO SCALE
DATE
JUNE 8, 2000
FILE NO. .;..;
GWY816
SHEET 1 OF 1
'.. DC
1
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PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMlAMI mAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE/
/' S 89038'10" E
PROJECT SIIDIZ. ,
PARCEL __ 81 Z.
FOLIO 00.o?4 ~ 7Z 0002.
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N 89038'10" W
j
300.00'
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300.00'
PERPETuAL. NON-exCLlJSIVE
N). ~, DRAINAGE AND
MAINTENANce EASEMENT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOllOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
150.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 150.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING. Containing 9,000 Sq" Feet, more or less.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) lWP. = TOWNSHIP
5) RGE. = RANGE
6) RN-I = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
6) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL lAND SURVEYOR
, I~L.'
NOT TO SCALE
.
PREPARED BY:
~ ./2;;?/~ '
,~..&(~.:'~..000 ____
.GEORG..5. ;.I't~R.'IC. HMO. N./6:i%t.... .S:,2406
COLLIE~'COOf'.l:ryJBl.!~l!!fb.,WORKS
3301,;e:J'AMrAMf'l'Mll: ,,/ .
NAPlE$",ftC>'R-18'~/~4~r12'
><' ::1', " ,,'
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JUNE 8, 2000 " dWY815 SHEET 1 OF 1
lOC
EXHIBIT A
l?agG_L of...J.L
LEGAL DESCRIPTION & SKETCH
-,
(NOT A SURVEY)
PROJECT NO. 511012
PROJECT PARCEL NO. 801
FOliO NO, 60780040003
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
Containing 16,515 Sq. Feet/more or less.
30 FEET
LOT 1
( BLOCK "N' )
N
FEE SIMPlE
INTEREST
SKETCH NOT TO SCALE
Collier CounlyTransportation Engineering and Construction Management Department
04/06/064:09 PM
IOC
.,,01
EXHIBIT A
P8fJa~ of...3 I
PROJECT NO. 511012
PROJECT PARCEL NO. 802
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSiVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLlC RECORDS OF COLLlER COUNTY,
FLORIDA
COntaining 16,515 Sq. Feet more Or less.
/'
30 FEET
LOT 1
( BLOCK "B" )
N
FEE SIMPLE
IHlFHES'i
SKETCH NOTTO SCALE
Collier County Transportation Engineering and ConslruCi!on Management Department
04/06/06 4:0g PM
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EXHIBIT _~
Pllgl;l:1L of.dL
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PROJECT NO. 51 i 012
PROJECT PARCEL NO. 803
FOLIO NO. 60782320006
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THEWEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
COntaining 13,980 Sq. Feet...,:more Or less.
30 FEET
LOT 1
( BLOCK "C" )
N
FEE SIMPlE
INTEREST
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construcllon Management Department
04/06/064:10 PM
IOC
:'\((i'
EXHIBIT A
page..JfL of.Q-L
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PROJECT NO. 511012
PROJECT PARCEL NO. 804
FOLIO NO. 60784520008
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 31, BLOCK HE," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
Containing 6,155 Sq. Feet,.) more or less.
30 FEET
LOT 31
( BLOCK "E" )
N
FEE SIMPlE
INTEREST
SKETCH NOT TO SCALE
Collier County Transportalion Engineering and Construclion Management Department
04/06/064:10 PM
lOC
EXHIBIT A
~ /5Of.:JI
PROJECT NO. 511012
PROJECT PARCEL NO. 816
FOLIO NO. 60783320005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF THE SOUTH 163 FEET OF LOT 1,
BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38,
OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "E" )
N
PERPETUAL, NON-EXClUSIVE
AlXf5S, DRAINAGE AND
MAINTENANCE EASEMENT
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
03/13107 9:02 AM
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2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ... 0 A 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered!o the Board Office. The completed routing slip and onginal
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, andlor information needed. If the document is already complete with the
h
exceDtion ofthe Chaimlan's shmature, draw a line throuah routine lines #1 throuQh #4, comolete I e checklist. and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Pdmary 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 Sib,'l1ature are to he delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A rovcd by the BCC
Type of Document
Attached
jo lW ~(l\)ld
lis> . A.'[
Phone Number
x ~ 1-S 1-
11.9 . A. . I
Agenda Item Number
~UeLuT\otJ.
-II
Number of Original
Documents Attached
Initial the Yes column or mark "NI A" in the Not Applicable colurrm, whichever is Yes N/A(Not
appropriate, (Initial) Applicable)
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, In
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 Dossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~
Office and all other parties exccnt the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the J~
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's j~
Signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the 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 arc nullified. Be aware of your deadhnes~
6. The document was approved by the BeC on (enter date) and all changes N/A isnot
made during the meeting have been incorporated in the attached document. The an option for
County Attornev's Office has reviewed the chanllcs, if aODlicable. line 6.
INSTRUCTIONS & CHECKLIST
I: Forms! County Forms! Bee Fonns! Original Documents Routing Slip WWS Original 9.01.04, Revised 1.26.05, Revised 2.24.05
16Al
MEMORANDUM
Date:
April 13, 2007
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-77
Enclosed please find one copy of the document as referenced above
(Agenda Items # 16Al), approved by the Board of County
Commissioners on Tuesday, April 10, 2007.
If you should have any questions, please feel free to contact me
at 774-8411.
Thank you.
Enclosure
~(\jiw~~~G~)L
.',:L,;;, ',.Depl1liy'Qlerk.
By' ~~~
. JAbMfs COLET A, CH AN
~.?j ~,:~.~'-<'.::r"\")
"lu;~
~
16Al
RESOLUTION NO. 07-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN CARDINAL
COVE AT FIDDLER'S CREEK, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 33, PAGES 87 THROUGH 88; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE 951
LAND HOLDINGS JOINT VENTURE
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
January 25, 2000 approved the plat of Cardinal Cove at Fiddler's Creek for recording;
and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Cardinal Cove at Fiddler's
Creek, pursuant to the plat thereofrecorded in Plat Book 33, pages 87 through 88, and the
Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by 951 Land Holdings, Joint
Venture.
This Resolution adopted after motion, second and majority vote favoring same,
this /0 day of ~ ,2007.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
~~W~~'VZCG~{~
.C"", ",De"",l!)"QIerk.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~
. JAtMls COLET A, CHA: RMAN
~ ';'~::7~
.",-1.,:
',)'~. \'...{'II
Approved as to form and legal
s~ncy: _
( ~
J ef E. ri t
Ass t t Collier County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING 'S~A 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tt\-
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 infonnation needed. If the document is already complete with the
exeention of the Chaimlan's shmature, draw a Hoe through routing lines #1 thromzh #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Suc Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chainnan's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
}In..~-
Il",^ -3
I
Number of Original
Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
annronriate. (Initial) AnnlicabIe)
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 J.Jl
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and possiblv State Officials,)
2. All handwritten strike-through and revisions have been inittaled hy the County Attorney's ./'"
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCe approval of the ~~
document or the final negotiated contract date whichever is aonlicablc.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Jtl.
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours of BCe: approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of Your deadlines!
6, The document was approved by the Bee on (enter date) and all changes N/Aisnot
made during the meeting have been incorporated in the attached document. The an option for
County Attornev's Office has reviewed the chamJes, if aoolicabJe. line 6.
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A3
MEMORANDUM
Date:
April 13, 2007
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-78
Enclosed please find one copy of the document as referenced above
(Agenda Items # 16A3), approved by the Board of County
Commissioners on Tuesday, April 10, 2007.
If you should have any questions, please feel free to contact me
at 774-8411.
Thank you.
Enclosure
16A3
RESOLUTION NO. 07-....28-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
VERONA WALK TOWNHOMES PHASE ONE,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES 58
THROUGH 59; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
VERONA WALK HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 25, 2004 approved the plat of Veronawalk Townhomes Phase One for recording;
and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Veronawalk Townhomes Phase
One, pursuant to the plat thereof recorded in Plat Book 41, pages 58 through 59, and the
Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this I () day of ~jl ,2007.
DATE:
ATTEST:
DWIG T E. BROCK, CLERK
, CZ~f~
H; ~> to; o."UtI)1!Ii!i(lJk
i \ gnatUi"iJ (~1 ~"
Approved as to form and legal
sufficiency: ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~
JAM COLE ,A N
right
t Collier County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING i...(y A 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents shuuld he hand delivered to the BOClrd OJl1ce. The completed routing slip and original
documents are to be forwarded to the Board Of/ke only after the BOi:lrd has taken action on the item.)
ROUTING SLIP
1f(10
Complete routing lines Ifl through #4 as appropriate tor additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exceution orlhe Chairman's signature, draw a line through wutin' lines #1 throuph #4, complete [he checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in roulin.. 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 uocument pending Bee approvaL Nonnally the primary 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 stat1' for additional or missing
infi.1rmation. All original docwnents needing the BCC Chairman's signature are to be ddivcred to the BCe oftice only after the BeC has acted to approve the
item.)
Name of Primary Staff ~. J u ~ Phone Number
Contact
Agenda Date Item was 4-rD-07 Agenda Item Number /&,A'i,
ADnroved bv the BeC
Type of Document Number of Original ;J...
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 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, ete. 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
Chaimlan and Clerk to the Board and ossibl State Ot1icials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other artics exec t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCe approval of the
document or the final He lotiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si :mature and initials arc 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 [lCe office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on /a -07(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 JCS, if a licablc.
Yes
(Initial)
N/A(Not
A Itcablc)
2.
3,
4,
5.
6.
~j
'f".-ct
fY"'t
N/A is not
an option for
line 6.
I: Fonm! County Forms! BCC Fomls! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
16AB
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions: Kite King's Lake, LLC and
Cricket Lake Apartment, LLC.
OBJECTIVE:
To approve execution and recording of the Release and Satisfactions of Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
Reference Owner of Record Property Address Lien Amount
CEB 2005-34 Kite King's Lake, LLC 4842 Davis Blvd, Naples, FL $700.39
34112
CEB 2006-03 Cricket Lake Apartment, LLC 70 I Cricket Lake Drive, Naples, $767.5 I
FL 341 12
TOTAL $1,467.90
FISCAL IMPACT:
Costs incurred by the County are costs of recording the Release and Satisfactions of Lien
estimated to be $10.00 per release, totaling $20.00, which is budgeted and available in
the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMP ACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfactions of Lien.
PREPARED BY:
Bendisa Marku, Operations Coordinator, Code Enforcement
Rev 12/06
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213,2939
*** 4002913 OR: 4213 PG: 2672 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/16/2001 at 08:11AM DNIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
16A8
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated November 20,2006, a certified copy of which was recorded on
November 22,2006 in O.R. Book 4142, Pages 3529-30, of the Public Records of Collier
County, Florida, against the following described real property, and all other real and
personal property located in Collier County, owned by Kite King's Lake, LLC, has been
discharged in full:
4842 Davis Blvd.
Kings Lake Plaza
Naples, Florida
Folio No.
Cost:
Reference:
52853280009
$700.39
Case No: 2005-34
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Kite King's Lake, LLC, and consents to this lien being
discharged of record.
Dated this ! 0 day of ~
,2007.
.f' !
ATTEST:
DWIGHT E.BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Jl.u..ll ~T 0,(,
Attest .s f.I:K ~Ierk
atonat.".. onl-
By J~;r{~
Approved as to form and
legal sufficiency:
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Stc 301
Naples, Florida 34104
(239) 213,2939
*** 4002914 OR: 4213 PG: 2673 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIER COUNTY, PL
04/16/2007 at 08:17AM DWIGHT B. BROCK, CLBRK
REC m 10,00
coms 1. 00
Retn:
CLBRK TO THB BOARD 16 "8
INTBROm CB 4TH nOOR ,Ii .
BIT 8406
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated November 20, 2006, a certified copy of which was recorded on
November 22,2006 in O.R. Book 4142, Pages 3533-34 of the Public Records of Collier
County, Florida, against the following described real property, and all other real and
personal property located in Collier County, owned by Cricket Lake Apartment, LLC,
Registered Agent, Robert Doyle, Jr., Naples-Lawdock, Inc., Registered Agent Robert
Doyle, Jr., and successor entity Bayshore Properties, LLC, has been discharged in full.
701 Cricket Lake Drive
Naples, Florida
Folio No.
Cost:
Reference:
61841280002
$767.51
Case No: 2006-03
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Cricket Lake Apartment LLC, Naples-Lawdock, Inc.,
and Bayshore Properties, LLC, and consents to this lien being discharged
ofrecord.
Dated this 10 day of ~
,2007.
ATTEST: '
DWIGHT E. BROCK, Clerk
'';''
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~~
. JAMES COLET A, CHA AN
By:B.u.u ~,oc,
Attest., '.,. to' the i ~~u; Clerk
$,j gndtllrll on 1 ,
Approved as to form and
legal s ficiency:
-
right
ant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIP16 8 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Otlicc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's silIDature, dmw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line # 5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature are to be delivered to the Bec office only after the BeC has acted to approve the
item)
Name of Primary Staff Erin Hall Phone Number 774-8924
Contact
Agenda Date Item was April 10, 2007 Agenda Item Number 16BI
Aooroved bv the BCC
Type of Document Adopt-A-Road Agreements (2) Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Hcable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. Tbe
Count Attorne 's Office has reviewed the chao es, if a licable.
II
,j~
MEMORANDUM
Date:
April 10, 2007
To:
Erin Hall
Transportation/Road Maintenance
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Agreements:
Gabe the Granite Guy
Black Bear Road Group
Enclosed, please find a copies of the documents, as referenced above,
(Agenda Item #16Bl) which was approved by the Board of County
Commisssioners on Tuesday, April 10, 2007.
If you should have any questions, please call me at 774-8406.
Thank you.
Enclosure
16 Bl
1681
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
lb.
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this~(} day
of Q f ~ ' 20~ by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, BLACK BEAR ROAD GROUP ,(hereinafter the "GROUP"), whose address is
525 Barefoot Williams Road, Lot # 166, Naples, Florida 34113.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter. free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as BAREFOOT WILLIAMS ROAD, from Victoria Falls to Price Street
, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees
to the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16 Bl
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear ofthe Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
II. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
16 B 1
B. THE COUNTY SHALL:
I. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modifY or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
.,
16B1
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E..-BROCK', Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:~'i\11.1~...." J_Q,C.
, '6. utyClerk
Attest IS to CM. .
s1gnaWr't,_'~~ .
By:
A~4Jf
J es Coletta, Chairman
GROUP: l3L/9c.A' 15e.1+te.. RonrR (jt!Ou...F
)
By:
N=e~ri ~ 6rl~
Title~rin ~HR/p..Mljl
Phone # (day): J 7 Z;, :7'0 j .7
Phone # (night): 77'7' 70' j"?
Appr ved as to form
and I al i c:
Jeffrey
Assist
r",=:~-~,eJ_ \
'. ,. ~:-:IO..:j)l I
j tl1.D-:D 1
4
16 B1
COLLIER COUNTY AOOPT-A-ROAD PROGRAM
Application
Collier County, through the Collier County Road Maintenance Department, will work with the adopting group to
determine the specific section of roadway to be adopted. Certain roadways may not be considered adoptable due to
their hazardous nature.
BLACK BEAR ROAD GROUP
(Name of Organization)
March 12.2007
(Date of Application)
525 Barefoot Williams Road. Lot 166
(Mailing Address)
Nanles
(City)
Florida 34113
(Zip Code)
Roger Vaughn
(Adopt-A-Road Chairman)
Roger Vaugbn
(Name of Contact Person)
239-775-7013
(Day Phone Number)
525 Barefoot Williams Road. Lot # 166
(Mailing Address)
239-775-7013
(Evening Phone Number)
Nanles Florida
(City)
34113
(Zip Code)
Approximate number of volunteers participating in each cleanup:
Five (5)
Road section(s) you are interested in adopting (in order of preference):
I Barefoot Williams Road from Victoria Falls to Price Street
2.
3.
4. Please add our name to your Waiting List for roads that may become available in:
Naples
List Area:
Mail this form to:
Ms. Erin M Hall
Adopt-A-Road Project Coordinator
Collier County Road & Bridge Maintenance Department
4800 Davis Blvd.
Naples, Florida 34104
1681
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
#-
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this$ day
of rln/J1 -; , 20r1Jby and between Collier County (hereinafter the "COUNTY"), and the
VO~GABE, THE GRANITE GUY ,(hereinafter the "GROUP"), whose address is
1880 - 19TH Street SW, Naples, Florida 34117.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as OAKES BOULEVARD, from Vanderbilt Beach Road to lmmokalee Road,
(the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to
the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16 B1
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
16 B1
B. THE COUNTY SHALL:
I. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
~
1681
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
c, ,h0
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By J~~
ATTEST:
DWIGHT E. BROCK, Clerk
By:~ ~j,,/~() 01" .
~st ., Ch ~lerk
.f....~}' ,
",.I!;\ .
GROUP: GABE, THE GRANITE GUY
By: G)qJ Gl
Name (print):
Title (print): '.!e.c
Phone # (day): 2~,..'(~'3<08
Phone # (night);.z , '3>.7. ;;l.3;z..t
Appr ved as to form
and al IC c:
Jeffrey
Assist
C:l~_~-l
I
~S2__D\ I
.
,
[~2,~:'d
L\ -lO-D1
---
:",.")
A
16Bl
COLLIER COUNTY ADOPT-A-ROAD PROGRAM
Application
Collier County, through the Collier County Road Maintenance Department, will work with the adopting group to
determine the specific section of roadway to be adopted. Certain roadways may not be considered adoptable due to
their hazardous nature.
GABE. THE GRANITE GUY
(Name of Organization)
March 20. 2007
(Date of Application)
1880-19th Street SW
(Mailing Address)
Naples
(City)
Florida 34117
(Zip Code)
GABRIEL PENA
(Adopt-A-Road Chairman)
GABE PENA
(N ame of Contact Person)
239-289-3978
(Day Phone Number)
1880 - 19TH Street SW
(Mailing Address)
239-353-2321
(Evening Phone Number)
Naples Florida
(City)
34117
(Zip Code)
Approximate number of volunteers participating in each cleanup:
1
Road section(s) you are interested in adopting (in order of preference):
I OAKES BOULEVARD from Vanderbilt Beach Road to Immokalee Road
2.
3.
4. Please add our name to your Waiting List for roads that may become available in:
Naples
List Area:
Mail this form to:
Ms. Erin M Hall
Adopt-A-Road Project Coordinator
Collier County Road & Bridge Maintenance Department
4800 Davis Blvd.
Naples, Florida 34104
16B2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MAY 6, 2008.
1683
MEMORANDUM
Date: April 13, 2007
To: Sue Faulkner, Principal Planner
Alternative Transportation
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-79 & Grant Application for the Shirley
Conroy Rural Area Capital Assistance Support Program
Enclosed is an original copy of Resolution 2007-79 and supporting grant
document, (Agenda Item #16B3), adopted by the Board of County
Commissioners on Tuesday, April 10, 2007.
Per instruction The Minutes and Records Department has retained an
original and one original is also being provided to Mr. Scott Teach in the
County Attorney's Office.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosure (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL.t,6 B 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to tlie Board Office. The completed routing slip and original
documents arc to be for......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
excention of the Chairman's silmature, draw a line throut7h roulin!:! lines #1 throlll!:h #4, comoletc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.
....
2.
3.
4. Scott R. Teach, ACA County Attorney 04/12/07
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA County Attornev
8. Sue Faulkner Alternate Transportation Modes
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Sue Faulkner
Contact
Agenda Date Item was April 10, 2007
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Resolution & Grant Application for Shirley Conro
Rural Area Capital Assistance
Number of Original
Documents Attached
213-5889
16-B-3
Three (3)
Yes
(Initial)
SRT
N/A(Not
A lieable)
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 BeC 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 BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the document or
the final ne otiated contract date whichever is a Iicahle.
"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 BCC office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions
are nullified. Be aware of our deadlines!
The document was approved by the BeC on 04/10/07 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a licable.
Please return one executed ori inal document to Sue Faulkner and one to Scott R. Teach, ACA
N/A
SRT
SRT
N/A
SRT
2.
3.
4.
5.
6.
7.
...,....
SRT
I: Formsl County Forms! Bee FormsJ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
(<matter_numben}/<(documencnumbcp)
16B3
RESOLUTION NO. 2007 - ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE AND FILE AN
APPLICATION FOR A SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE
SUPPORT GRANT FROM THE FLORIDA COMMISSION OF THE TRANSPORTATION
DISADV ANT AGED IN THE AMOUNT OF $356,000.
WHEREAS, the Florida Commission of the Transportation Disadvantaged encourages
counties to provide community transportation to rural areas; and
WHEREAS, Collier County desires to increase community transportation in rural areas
such as Immokalee where there is great demand for such services; and
WHEREAS, Staff requests the Board of County Commissioners authorize its Chairman
to execute an application for a Shirley Conroy Rural Area Capital Assistance Support Grant from
the Florida Commission of the Transportation Disadvantaged in the amount of $356,000; and
WHEREAS, this BOARD has the authority to execute and file this grant application and
to undertake a transportation disadvantaged service project as authorized by Section 427.0159,
Florida Statues, and Rule 41-2, Florida Administrative Code.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD THAT:
I. The BOARD has the authority to file this grant application.
2. The BOARD authorizes its Chairman to file and execute the Shirley Conroy Rural Area
Capital Assistance Support Grant application with the Florida Commission for the
Transportation Disadvantaged.
3. The BOARD'S Registered Agent in Florida is: Collier County/Collier Area Transit
3301 Tamiami Trail, Naples, FL 34112
4. Collier County is the Community Transportation Coordinator.
5. The BOARD authorizes its Chairman to sign any and all assurances, warranties,
certifications, agreements, any subsequent amendments, contracts and other such
documents which may be required in connection with the application.
This Resolution adopted this ! 0 day of ~ 2007, after motion, second and majority
vote in favor of adoption.
ATTEST
") ,',I;
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FL RIDA
Dwight E. Brock, CI~rk
By:
0.(,
By:
mes Coletta, Chairman
,
,
Item#\~
Agenda l.\, I b -0'
Date ' I
~~l
~l'
cott Teach,
Assistant County Attorney
Dale 4- --\ ~~t)1
Rec'd
EXHIBIT A
.L 0 0 j ., ~
Commission for the Transportation Disadvantaged
Grant Application Information Form for
the Shirley Conroy Rural Area
Capital Equipment Support Grant
1. DATE SUBMmED: Aoril122007
2. LEGAL NAME OF APPLICANT: Collier County
3. FEDERAL IDENTIFICATION NUMBER: 59-6000558
4. REMmANCE ADDRESS: 2885 South Horseshoe Drive
5.
CIlY AND STATE: Naoles. FL
ZIP CODE: 34104
6. CONTACT PERSON FOR THIS GRANT: Sue Faulkner
7. PHONE NUMBER: 239-213-5889FAX NUMBER: 239-213-5899
8. E-MAIL ADDRESS:SueFaulkner(1ilcolliergov.net
9. PROJECT LOCATION [County(ies)]: Collier County
10. PROPOSED START DATE: Januarv 2008 ENDING DATE: Januarv 2009
11. ESTIMATED PROJECT FUNDING REQUESTED:
Grant Funds $ 320.400.00
Local $ 35.600.00
TOTAL $ 356.000.00
*Bus will be delivered and olaced in service 2008 - 2009.
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
1
16 B3 l'
12. I hereby certify that this document has been duly authorized by the governing body of
the applicant, and the applicant intends to complete the project, and to comply with any
attached assurances if the assistance is awarded.
James Coletta. Chairman
SIGNATUR
ATTEST:
DWIGHT E. BROCK~ CLERk
ij.;d~7
DATE
,0.( .;
Jttg~tyas~r~M ,nain .
signature on!-
Local Coordinatina Board Aooroval (must be orior to arant execution)
13.
I hereby certify that this grant has been reviewed in its entirety by the
County Coordinating Board.
COORDINATING BOARD CHAIRPERSON'S SIGNATURE
DATE
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
2
EXHIBIT B
1683
PROPOSED PROJECT FUNDING
I. Project Description and Cost
Capital equipment (Prioritize based on need.)
l.Gillig 29 ft. bus with 28 seating capacity
2.
3.
Total Project Cost
II. Funding Participation
A.
Transportation Disadvantaged
Trust Funds
B.
Local Match
c.
Total Project Cost
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
$356.000.00
$
$
$356,000.00
(90%) $140,000.00
(10%) $216.000.00
$356.000.00
3
16 B 3 1
EXHIBIT C
SCOPE
Who:
What:
Where:
When:
How:
Why:
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
4
1683
EXHIBIT E
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1) The recipient will comply with the federal, state, and local statutes, regulations,
executive orders, and administrative requirements which relate to discrimination on the
basis of race, color, creed, religion, sex, age, and handicap with respect to employment,
service provision, and procurement.
(2) Public and private for-profit, transit and paratransit operators have been or will be
afforded a fair and timely opportunity by the local recipient to participate to the
maximum extent feasible in the planning and provision of the proposed transportation
planning services.
(3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4) The recipient intends to accomplish all tasks as identified in this grant application.
(5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace
existing federal, state, or local government funds.
(6) Capital equipment purchased through this grant meets or exceeds the criteria set forth
in the Florida Department of Transportation's equipment specifications, "Guidelines for
Acquiring Vehicles" dated October 1993 (or as updated), "Part 1, Bid Documents,"
dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized
Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal,
state, or local government agency.
(7) Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida
Statutes.
(8) If capital equipment is purchased through this grant, the demand response service
offered to individuals with disabilities, including individuals who use wheelchairs, is
equivalent to the level and quality of service offered to individuals without disabilities.
Such service, when viewed in its entirety, is provided in the most integrated setting
feasible and is equivalent with respect to:
(a) response time,
(b) fares,
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
7
(c)
(d)
(e)
(f)
(g)
geographic service area,
hours and days of service,
restrictions on trip purpose,
availability of information and reservation capability, and
contracts on capacity or service availability.
1683
In accordance with 49 CFR Part 37, public entities operating demand response systems for the
general public which receive financial assistance under 49 U.s.c. 5310 or 5311 of the Federal
Transit Administration (FrA) have filed a certification with the appropriate state program office
before procuring any inaccessible vehicle. Such public entities not receiving FrA funds have
also filed a certification with the appropriate program office. Such public entities receiving FrA
funds under any other section of the FrA have filed a certification with the appropriate FrA
regional office.
This certification is valid for no longer than the contract period for which the grant application
is filed.
Date: l(/ /;?-t:7
Signature:
#~
Name: James Coletta
Title:
Chairman
J.fHSi'{ :
OU!GHT E. BROCK. Cl!N(
~:~ ~~f),(,
Deputy . rer
Attest as to h41 .' ,
signature 0111-
Shirley Conroy Rural Area Capital Assistance Support Grant Application
Rev. 03/05/07
8
16 83
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1683
ca
COI L1FR ARIA rRAN'>IT
I;,
BUS TRANSIT SYSTEM
ANNUAL SAFETY CERTIFICATION
DATE: Friday, January 26, 2007
NAME: Collier Area Transit
ADDRESS: 2901 County Barn Road, Naples, FL 34112
IN ACCORDANCE WITH FLORIDA STATUTE 341.061, THE BUS TRANSIT SYSTEM NAMED ABOVE
HEREBY CERTIFIES TO THE FOLLOWING:
I) The adoption ofa System Safety Program Plan (SSPP) pursuant to Florida
Department of Transportation safety standards set forth in Rule Chapter 14-90,
Florida Administrative Code. This program will include the required Security Program Plan to be in place
by July 2006. Collier Area Transit has the required Security Program Plan in place.
2) Compliance with adopted safety standards in the SSPP.
3) Performance of annual safety inspections on all operational buses in accordance
with Rule 14-90.009.
Name: Elizabeth S
Signature:
Title: General Mana!!er. Collier Area Transit
Name and Address of entity(ies) which (have) performed safety inspections:
Carrier
1. McDonald Transit Management Inc.
Safely Inspector
Collier County Fleet Services, Naples
16Cl
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MAY 6, 2008.
16C2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MAY 6, 2008.
16C3
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MAY 6, 2008.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII 6 D 2
TO ACCOM' ANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prlllt on pink paper. ^lIuch 10 original documenL. Original documents should he hand delivered 10 the Board Office rhe completed TOuting slip and original
dOCllll1cnts are to be forwarded 10 the Board Office only after lhc r~oard has taken (lcliol1 on [he itcm,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomIation needed. If the document is already complete with the
exceDtion of the Chairman's sif!narure, draw a line throulrl routinp lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinp' order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff .!JU6ANfI C.Af'A~SO Phone Number d).s1-4o/t
Contact
Agenda Date Item was 4//IJ/o"/ Agenda Item Number 1~/~{
Approved by the BCC
Type of Document (! ~ - r;.. )!rwJ~rWI... Number of Original C)..
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial tbe Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on 4- 0 0 (enter date) and all changes
made during the meeting have been incorporated i the attached document. The
Coun Attorne's Office has reviewed the chao es, if a licable.
""
~
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
~
~
~
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
""D~~"6 Wild~{:.,<.
~ 't
~ '"
g 0-
.~ ~
<{. $
.... ,
--
16D2
I
February 20,2007
Maura Kraus
Collier County
Collier County Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Re: Sea Turtle Light Disorientation Prevention (FL) #2006-0114-004
Dear Ms. Kraus:
The Board of Directors of the National Fish and Wildlife Foundation (NFWF) approved an
award of $132, 196 in federal funds to Collier County to support the Sea Turtle Light
Disorientation Prevention (FL) project.
Enclosed please find two copies of the Contract for Goods and/or Services, as well as one copy
of the additional enclosures listed below. Because this Award involves federal funds, the
Contract and enclosures must be reviewed by your Chief Financial Officer or Treasurer. If the
temls and conditions of the Contract are acceptable, please sign and return both copies ofthe
Contract to the Foundation; you should retain the additional enclosures for your files. The
Foundation will then countersign both copies of the Contract and return one copy to you for your
files. Signing this Contract indicates an understanding of, and intent to comply with, all of its
terms and conditions and those of the additional enclosures. Failure to return two signed copies
of the Contract within 60 days may result in funds being released to other conservation projects.
On behalf of the Board of Directors and the staff of the National Fish and Wildlife Foundation, I
wish you success with your project. Please contact Tom Barry with any questions or concerns.
Sinceu'
~ J~), (JO()
Michelle K. Pico 'O/)
Director, Marine Programs
1120 CONNECTICUT AVENUE, NW' SUITE 900' WASHINGTON. D.C. 20036
PHONE, (202) 857,0166' FAX, (202) 857,0162' www.NFWF.ocg
printed 011 recycled paper
16D2
a. "'cou"'~
. .
.. - -. 0
Pia.,!, COII/UX! & DiuOlll'r
Memorandum
To:
Jim Mudd, County Manager
Susana Capasso, Operations Coordinator ~
April 12, 2007
From:
Date:
Subject:
Grant A ward Contract - Time Sensitive
Enclosed please find contract for Sea Turtle Light Disorientation Prevention from the National
Fish and Wildlife Foundation for Commissioner Coletta's signature. The Executive Summary
and c~esponding backup material were submitted and approved by the BCC on April 10,2007
(I6DJ).
1-
As you will note on the attached letter, the contract requires we turned both signed copies within
60 days giving us a short turn-around time. I would appreciate your assistance in getting these
documents signed and returned to me by Tuesday, April 17'h. Please have someone from your
office call me at 254-4018 when they are ready to be picked up.
/scc
Enclosure
16D2
CONTRACT FOR GOODS AND/OR SERVICES
(ADVANCE PAYMENT)
PROJECT: Sea Turtle Light Disorientation Prevention (FL) (2006-0114-004)
<T Please reference project title and number on all correspondence ""
NFWF CONTRACTOR: Collier County
TERM:
January I, 2007 to December 31, 2007
AWARD: $132,196 is provided in consideration for the NFWF Contractor's agreement to
perform the Project in accordance with Section I below.
FUNDING SOURCE:
CFDA Number:
National Oceanic and Atmospheric Administration (FR.0524)
11.470
****
Defined Terms. All capitalized terms used in this Contract shall have the meanings
attributed to such terms in the 2002 Glossary found on NFWF's web site
<www.nfwf.org/glossary.htm>. which is incorporated in this Contract by this reference.
This Contract for Goods and/or Services (this "Contract") is entered between Collier
County ("NFWF Contractor"), a State Government, with an address of Collier County
Environmental Services Department, 2800 North Horseshoe Drive, Naples, FL, 34104, and the
National Fish and Wildlife Foundation ("NFWF" or the "Foundation"), a federally chartered
501(c)(3) non-profit corporation, with an address of 1120 Connecticut Avenue, N.W., Suite 900,
Washington, D.C. 20036.
1. Retention; Purpose.
1.1 Retention. NFWF hereby retains the services of the NFWF Contractor upon the terms
and conditions set forth below, and the NFWF Contractor accepts such retention, to complete the
Project described in a Full Proposal received by NFWF on November 1,2006.
1.2 Description of Goods to be Provided and/or Scope of Services to be Performed.
Under the terms of this Contract, the NFWF Contractor will perform the services necessary and
appropriate (the "Services") and/or provide the following goods (the "Goods") to complete
satisfactorily the following:
1.2.1 Project Description (Description of Goods and/or Services):
Project
Abstract:
Reduce nesting sea turtle disorientation by planting native light screening vegetation
along the County and City beach accesses. Project will replace current electric pole
lights alon the City ofNa les beach accesses with sea turtle friendly Ii htin
Page I of II
S~';ll urlk' I :~F_h\ Pi"", i"11:dll()11[lr,''',:11li'1:"1 (IT) ,t.1()()(. ql i -f-li{;'1
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16D2
Project Phase I: . Coordinate with necessary officials to outline the Budget NFWF
needs of the grant and to delineate Cate"orv Fuuds
responsibilities, Salaries: $0
. Apply for required permits. Eouioment: $0
. Meet with the contractors to make plans. Other: $97,996
. Order light fixtures.
. Order light screening vegetation ..
Matchinl! Contributions allocated to Phase 2: I $0 TOTAL $97,996
Project Phase 2: . . Submit press releases which include public Budget NFWF
information as to the needs and benefits of the Cate"orv ....
Funds
project. Salaries: $0
. Remove old light fixtures, Eouioment: $0
. Install woody plants. Other: $7,800
Matching ContributionsaJlocated to Phase 3: I $0 TOTAL $7,800
Project Phase 3: . Install new light fixtures. Budget NFWF
. Ground preparation and planting of light Catel!ory ., Funds.
screening vegetation. Salaries: $0
. Conduct inspections and readjust on an as needed Eouioment: $0
basis. Other: $26,400
. Assess and report on the effectiveness of new
lighting fixtures and vegetation.
Matching Contributions allocated to Phase4: I $0 TOTAL $26,400
jN..FW F.. ..,1 $132,196 r
PROJECT
TOTAL
1.2.2 Project Deliverables.
. Provide public information on the effects of artificial lighting through press releases.
. Replace and modifY light fixtures.
. Plant light-reducing vegetation.
. Report on the effectiveness of new lighting fixtures and vegetation.
1.3. Diligence and Communication Required. The NFWF Contractor agrees to pursue the
completion of the Services and/or delivery of the Goods diligently and to communicate with the
Project Manager on a regular basis with respect to the status of the Project, including but not
limited to providing the reports discussed in this Contract. Failure to so pursue the completion
and/or delivery according to the timetable associated with the Phases described in the Description
of Services and/or Description of Goods above and/or failure to so communicate with the Project
Manager, will be deemed a material default in this Contract, entitling NFWF, in its discretion, to
terminate this Contract by written notice to the NFWF Contractor and to pursue all other legal
remedies to which NFWF may be entitled.
Page 2 of 11
;"L'J lurlk l iglll UiSClt-ICI1l:lllon Prc\'t.:l1liOll (F!) ..:UOIJ-U 114.,()04
Natin!l;lll:j"h dnd VI"ildlik l'(lundilli(l[]
16D2
1.4. Restrictions on Funds. No Funds provided by NFWF pursuant to this Agreement or
Matching Contributions may be used to support litigation expenses or lobbying activities.
2. Term. The period of performance for this Contract shall be as set forth above, unless
sooner terminated in accordance with the attached Standard Provision on Termination.
3. Payment and Administration Procedures. In consideration for the Goods to be delivered
and/or Services to be performed by the NFWF Contractor pursuant to this Contract, NFWF shall
pay an amount not to exceed One hundred thirty two thousand one hundred ninety six Dollars
($132,196), in 3 installments.
. Project Phase One installment will be advanced to the NFWF Contractor when NFWF
receives a Request for Payment from the NFWF Contractor certifying that it is ready
to begin Project activities for the first Phase described in Section I immediately upon
receipt of the funds.
. Subsequent Phase installments will be advanced to the NFWF Contractor when
NFWF receives and approves a completed Project Phase Reporting Form certifying
that (i) the NFWF Contractor has completed the previous Project Phase as described
in Section I and (ii) the NFWF Contractor has expended NFWF Funds and Matching
Contributions consistent with the Project Phase Budget as described in Section 1; and
the NFWF Contractor provides NFWF a Request for Payment certifying that it is
ready to begin Project activities for the next Phase immediately upon receipt of the
funds.
. Payment for the Final Phase of the Project will be made in arrears, upon the receipt
and approval by NFWF of all required reporting for this Agreement.
. Under no circumstances will any payment under this Agreement be made if any
Financial or Programmatic Reports are due and outstanding.
Budget Changes. In the event the NFWF Contractor determines that the amount of the Budget is
going to change in anyone line item by an amount that exceeds more than 10% of the total
Budget for that Phase, the NFWF Contractor must seek approval from the Project Manager. If
approval is received, both parties must sign a written amendment to this Contract reflecting the
new Budget.
Final Financial and Programmatic Report. When the NFWF Contractor believes that all the
Goods have been delivered and/or all the Services have been completed, it shall prepare a Final
Financial and Programmatic Report on a NFWF form that summarizes the date and description
of the Goods delivered and/or Services completcd, attach any Project Deliverables not
previously delivered and provides a final accounting for the actual expenditure of funds and
deliver these to NFWF, together with a Request for Payment, if any final compensation or
expenses remain outstanding. NFWF shall determine in a reasonable manner and within a
reasonable time period whether the Goods were satisfactorily delivered and/or the Services have
been satisfactorily performed. If the Goods were satisfactorily delivered and/or the Services have
been satisfactorily performed, NFWF shall make the final payment to the NFWF Contractor and
the NFWF Contractor shall be discharged from the obligations of this Contract, except those that
expressly survive the term of this Contract. IfNFWF does not conclude that the Goods were
Page 3 of 11
Sl'~1 lunk, [_J~~hl Ui"'II"ll'lILltit11l PrL\(;tHio!l f [-j ,J ,'!;_OOh-O II ,.I.()()..j.
'i:lti(lll~d ['1:-:11 ;md \VildliJ(, hllllld,IIWll
16D2
satisfactorily delivered and/or the Services have been satisfactorily performed, the parties shall
continue to work together until NFWF is satisfied in its reasonable discretion, or NFWF shall be
entitled to seek whatever legal remedies to which it may be entitled, including termination of this
Contract.
Page 4 of 11
S\\I ] link IIi.chl Dh1tHllt<ltic)ll hn',;nrioJ) (Ill il~n1Ih-I)ll"l-()(q
:-''J:lliOlJid I, Ish .111\1 \Vildlik j'(1l1lldiJ[l\ >11
16D2
4. Contact Information.
NFWF:
Tom Barry
National Fish and Wildlife Foundation
1120 Connecticut Ave., NW, Suite 900
Washington, D.C. 20036
(202) 857-0166
(202) 857-0162
tom.barry@nfwforg
Phone:
Fax:
E-mail:
NFWF Contractor:
Maura Kraus
Collier County
Collier County Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
239-213-2952
239-213-2960
MauraKraus@colliergov.net
Phone:
Fax:
E-mail:
Signatory, if other than the Project Officer:
Phone:
Fax:
E-mail:
As of the date ofthis Contract, the Project Officer named above and the signatory to this
Contract are the only representatives of the NFWF Contractor authorized to send and receive
notices on behalf of the NFWF Contractor, unless additional representatives are named below
and appropriate contact information for them is provided immediately below. Thereafter, notice
of changes in authorized representatives shall be provided as set forth in Standard Provisions.
Additional Authorized Representatives:
Phone:
Fax:
E-mail:
5. Standard Provisions. The attached Standard Provisions are incorporated in this
Contract by this reference.
Page 5 of 11
s,:~) I Lldl, I i:'_hl j)l>I'i-)('III,ill\lll l'1-('\<'rlIIOll ITf} .~(H)n-III [-I-ii(i.'
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16D2
IN WITNESS WHEREOF, each party has caused this Contract to be executed
by an authorized representative, intending to be bound legally.
Collier County
By: d~
co~er James Coletta, Chairnmn
Date:
-'-I II 0
I
,2007
Tax Identification Number:
A.._I
llIlj Ill: I. BROCK. CLERK
.flJIIJ ~'J,'~QL'
Nation'^tHna~ Wil&tt~'WlIn~ation
s(oiliiure on T .
i.1 \JP;i';'f;~&':~ ~$~ to>Y~;::':,~,'i:::; 1 \,'~
, '~~~,i1J.11<~
<~ '" "
. .~.m./;'M''''''''''\f
J::....,..,i:~~t,D-';!- fJ;'~!i.>W,",'~'-'ii'."
~~",".......~;~.'-!I".J
By:
Michelle K. Pico
Director, Marine Programs
Date:
,2007
Page 6 of II
Sea Turtle Light Disorientation Prevention (FL) i/2006-0 114-0004
National Fish and Wildlife Foundation
16D2
Appendix A.
2004 STANDARD PROVISIONS
FOR CONTRACTS FOR GOODS AND/OR SERVICES
This Contract is subject to the following terms and conditions, as indicated by [RJ.
!Xl Section AI. ASSIGNMENT; SUBCONTRACTING
A 1.1 The NFWF Contractor may not assign this Contract, in whole or in part, to any other
individual or other legal entity without the prior written consent ofNFWF.
A 1.2 The NFWF Contractor may not have subcontracts without the prior written approval of
NFWF.
!Xl Section A2. UNEXPENDED FUNDS; INTEREST
Any funds provided by NFWF and held by the NFWF Contractor and not expended at the end of
the Term will be returned to NFWF within thirty (30) days after the end of the Project Period.
!Xl Section A3. AMENDMENTS
This Contract can only be amended by a written amendment, signed by both parties. Counterpart
originals and/or facsimile copies of amendments are acceptable but not emails.
!Xl Section A4. TERMINATION
At any time prior to receipt of the first payment, the NFWF Contractor may terminate this
Contract. After receipt of the first payment, the NFWF Contractor may terminate this Contract
only with the written consent ofNFWF. Failure by the NFWF Contractor to comply with any
material term of this Contract is cause for NFWF to terminate this Contract by written notice to
the NFWF Contractor. In the event of termination ofthis Contract prior to Project completion,
NFWF will not make payment for any ofthis Contract's Project Deliverables that remain
undelivered and any funds advanced by NFWF that have not been expended by the NFWF
Contractor shall be returned to NFWF immediately, but in any event, no later than thirty (30)
days after receipt of the notice oftennination. NFWF agrees to pay all documented, non-
cancelable commitments made by the NFWF Contractor prior to the NFWF Contractor's receipt
of the notice of termination.
!Xl Section A5. ADDITIONAL SUPPORT
By entering into this Contract, NFWF assumes no obligation to provide further funding or
support to the NFWF Contractor beyond the terms stated in this Contract.
!Xl Section A6. ARBITRATION AND CHOICE OF LAW
A6.1 All claims, disputes, and other matters in question arising out of, or relating to this
Contract, its interpretation or breach shall be decided through arbitration by a person or persons
mutually acceptable to both NFWF and the NFWF Contractor. Notice of the demand for
arbitration shall be made within a reasonable time after the claim, dispute, or other matter in
question has arisen. The award rendered by the arbitrator or arbitrators shall be final.
Page 7 of 11
'-".::1 Junk LI!:.:!ll Uis< lricnliJtillll Pr<.:n:llll(111 (FL) ,1::2 ( ili(l-l} I I-.j:-ij()-+
'i,Hi(llldll:ish ;lIld Wildlik I (llJlld;llillll
16D2
question has arisen. The award rendered by the arbitrator or arbitrators shall be final.
[KJ Section A6.2 This Contract shall be subject to and interpreted by the laws of the District of
Columbia, without regard to choice oflaw principles. By entering into this Contract, the NFWF
Contractor agrees to submit to the jurisdiction of the courts of the District of Columbia.
[KJ Section A6.3 The terms of this Section will survive termination of this Contract.
Section A 7. COMPLIANCE WITH LAWS; INSURANCE; INDEMNIFICATION
[KJ Section A 7.1 In conducting its activities relating to the Project, the NFWF Contractor
agrees to conduct all such activities in compliance with all applicable Federal, State, and local
laws, regulations, and ordinances; and to secure all appropriate necessary public or private
permits and consents. NFWF Contractor hereby expressly agrees that it will comply with
Executive Order 11246 (Equal Employment Opportunity) as amended by Executive Order 11375
(Amending Executive Order 11246 Relating to Equal Employment Opportunity), and as
supplemented by 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.
[KJ Section A 7.2 The NFWF Contractor agrees to obtain and maintain all appropriate
insurance against liability for injury to persons or property from any and all activities undertaken
by the NFWF Contractor and associated with this Contract in any way.
[KJ Section A 7.3 The NFWF Contractor shall indemnifY and hold harmless NFWF and those
Federal, State or Local agencies and/or private organizations identified as sources of funds in the
letter of transmittal of this Contract, if any, and their respective officers, directors, agents, and/or
employees in respect of any and all claims, injuries, losses, diminution in value, damages,
liabilities, whether or not currently due, and related expenses (including without limitation,
settlement costs and any legal or other expenses for investigating or defending any actions or
threatened actions) arising from or in connection with the Project, including but not limited to,
environmental laws, regulations, orders and decrees of whatsoever character or nature and
damage or injury to persons and property.
[KJ Section A 7.4 The terms of this Section will survive termination of this Contract.
[KJ Section A8. COMMUNICATIONS
All notices, Requests for Payment or reports required or allowed to be given by this Contract
shall be by first-class mail (postage prepaid), facsimile (with telephone call required to confirm
that fax has been received), or overnight mail delivery by a nationally known courier and
addressed using the contact information provided in this Contract. All notices, reports and
Requests for Payment may be sent bye-mail, but Final Financial and Programmatic Reports must
be provided in hard copy as well. Each party agrees to notifY the other within ten (10) days after
any change in named representative, address, telephone, or other contact information.
Page 8 of 11
Se(1 lurtk Lighl Disuricl1tarjon [)rc\cnlinn (F1) ,'i~{)06..0114-004
Nation,ll Fish ;md Wildlife 1'-oundatiol1
16D2
[8] Section A9. PUBLICITY
The NFWF Contractor agrees to give appropriate credit to the National Fish and Wildlife
Foundation and those Federal, State or Local agencies and/or private organizations identified as
sources of funds in the letter of transmittal of this Contract, if any, for their financial support in
any and all press releases, publications, annual reports, video credits, dedications, and other
public communications regarding this Contract or any of the Project Deliverables associated with
this Contract. The NFWF Contractor gives NFWF the right and authority to publicize NFWF's
financial support for this Contract and the Project in press releases, publications and other public
communications.
[8] Section A 10. DISCLAIMERS
Payments made to the Contractor under this Contract do not by direct reference or implication
convey NFWF's endorsement nor the endorsement by any other entity that provides funds to the
Contractor through this Contract, including the U.S. Government, of the Project Deliverables.
All information submitted for publication or other public releases of information regarding this
Contract shall carry the following disclaimer:
"The views and conclusions contained in this document are those of the
authors and should not be interpreted as representing the opinions or
policies of any entity that provides funds to the NFWF Contractor through
this Contract, including the u.s. Government or the National Fish and
Wildlife Foundation. Mention of trade names or commercial products
does not constitute their endorsement by any such entity, the U.S.
Government or the National Fish and Wildlife Foundation."
D Section All. WEBSITE LINKS
The NFWF Contractor agrees to permit NFWF to post a link on any or all ofNFWF's web sites
to any web sites created by the NFWF Contractor in connection with this Contract.
[8] Section A12. EVALUATION
The NFWF Contractor agrees to cooperate with NFWF by providing timely responses to all
reasonable requests for information to assist in evaluating the accomplishments ofthis Contract
for a period of five (5) years after the date on which the Final Financial and Programmatic
Reports are provided.
D Section A 13. DA VIS"BACON
The NFWF Contractor shall be subject to the provisions of the Davis-Bacon Act (40 U.S.c. 276a
to a-7) as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provision Applicable to Contracts Goveming Federally Financed and Assisted Construction.").
[8] Section A14. DEBARMENT AND SUSPENSIONS
The NFWF Contractor shall enter into no contract or subcontract using Federal funds provided
by NFWF with any party listed on the General Services Administration's Lists of Parties
Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive
Page 9 of Ii
''''':_'~I I tn-lie I 1[.'111 I )IS, q-;~'llI<llj,)!l Pr,-'\t'lllll >11 II J i i,' '(HI'l Ill,{Hil
'-,;III"ll,d i'I~~11 ;11";<1 \VildIJJ~ h:'LII!JLlll~Hl
16D2
Orders 12549 and 12689 (Debarment and Suspension). If this Contract exceeds One Hundred
Thousand Dollars ($100,000), the NFWF Contractor must provide certification of its exclusion
status and that of its employees on a form provided by NFWF.
D Section A15. RIGHTS TO INVENTIONS
The NFWF Contractor shall abide by the provisions of37 CFR Part 401 (Rights to Inventions
Made by Non-Profit Organizations and Small Business Firms Under Government Grants,
Contracts, and Cooperative Agreements) and any implementing regulations issued by the Federal
agency(ies) that provide funds for this Contract.
IKI Section A16. ACCESS TO RECORDS
NFWF, any and all Federal agencies providing funds for this Contract and the Comptroller
General of the U.S., or any of their duly authorized representatives, shall have access to any
books, documents, papers and records of the NFWF Contractor that are directly pertinent to this
Contract for purposes of making audits, examinations, excerpts or transcription for up to three
years from the date of delivery of the Final Financial and Programmatic Report regarding this
Contract.
IKI Section A17. CLEAN AIR AND WATER
The NFWF Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251 et seq.).
IKI Section A18. ANTI-LOBBYING
The NFWF Contractor shall file a certification required by 31 U.S.c. 1352 ("Byrd Anti-Lobbying
Amendment") to the effect that it wiJI not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
Federal agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or other award
covered by the Byrd Anti-Lobbying Amendment.
Section A19. BOND REQUIREMENTS; KICKBACKS AND HOURS AND SAFETY
D Section A 19.1 The NFWF Contractor shall obtain a payment and performance bond in the
amount of the total budget for the Project or as otherwise required by law or regulation in the
jurisdiction where the Services wiJI be performed.
D Section A19.2 The NFWF Contractor must comply with the provisions of the Copeland
"Anti-Kickback" Act (18 U.S.c. 874), as supplemented by Department of Labor regulations (29
CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"), that provide that a contractor shall
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he is
otherwise entitled.
Page 10 of 11
S'~'~l I L1n], Llghr [)i~"l"ll'l1lilli{)l1 Prl~\\:n[i(\/1 rTTJ ,'f2()()(l-OII-l---I)(J,+
Nntilltla! !"ish ,md \\':ildlit~. j--ilUlld,lli\I!I
16D2
o Section A19.3 The NFWF Contractor shall follow provisions of the Contract Work Hours
and Safety Standards Act (40 U,S.c. 327-333, sections 102 and 107) as supplemented by
Department of Labor regulations (29 CFR part 5.) that requires contractors, that employ
mechanics or laborers, to compensate those workers using specified calculations.
Page II of 11
'-;C<i iu!"!L.. I ]~ll! Dhll[-ll~'n!,lIl<'ill)n'\J'nll')Jl (I)) '()I')I, ()ll,.I,.(h;,~j
Nalllllldl j.i",!l :111(.1 \Vildiik Ji111illLl',11)1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 ')
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 Otlice. The completed routing slip and original
documents are to be forwarded to the Board Office only arter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the Chairman's siJmature, draw a line throuQ:~ routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Ad~teSsee(s) Office Initials Date
{List in routiml. order
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee 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
.sU5A.vA eA-p/-lS'10
A;lt.-t'L- to, ~(J(J:;-
/IJ~/l,J
Phone Number
o;st/- 4tH K
/(;2> a..
,;;...
Yes
(Initial
N/A (Not
A licable)
Agenda Item Number
:CL.A
Number of Original
Documents Attached
~
jfi--
1: Fo~County Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
p;i7H (!..,'
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 0 0 (enter date) and all cbanges
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Ucable.
2.
3.
4.
5.
6.
16D2
MEMORANDUM
Date:
April 25, 2007
To:
Susana Capasso, Operations Coordinator
Parks and Recreation
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement - City of Naples
Enclosed please an one (1 )original and (1) certified copy of the document as
referenced above, (Agenda Item # 16D2) which was approved by the Board
of County Commissioners on Tuesday, April 10, 2007.
If you should have any questions, please contact me at: 774-8411.
Thank you,
Enclosure
16D2
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY
OF NAPLES TO REDUCE NESTING SEA TURTLE DISORIENTATION IN
COUNTY AND CITY BEACHES
THIS AGREEMENT, made and entered into this 27th day of March, 2007, by and
between the CITY OF NAPLES, a municipal corporation, hereinafter called "City" and
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called
"County," to provide for the Sea Turtle Light Disorientation Prevention Project.
WITNESSETH:
WHEREAS, the National Fish and Wildlife Foundation has entered into a
contract agreement with Collier County to reduce nesting sea turtle disorientation by
planting native light screening vegetation along County and City beach accesses. Project
will replace current electric pole lights along County and City of Naples beach accesses
with sea turtle friendly lighting.
WHEREAS, The Board of Directors of the National Fish and Wildlife Foundation
approved an award of $132,196 in federal funds to Collier County to support the Sea
Turtle Light Disorientation Prevention Project.
NOW, THEREFORE, in consideration of the mutual covenants contained therein,
the County and the City hereby agree as follows:
I. To communicate with the Project Manager on a regular basis with respect to the
status of the Project, including but not limited to providing reports discussed or
deemed necessary by National Fish and Wildlife Foundation Grant Contract 2006-
0114-004.
2. To coordinate with necessary officials to outline the needs of the grant and to
delineate responsibilities as required to apply for permits, meet with contractors,
order light fixtures and light screening vegetation as set forth in Project (Phase I).
3. To coordinate press releases which include public information as to the needs and
benefits of the project, remove old light fixtures and install woody plants as set forth
in Project (Phase II).
4. To coordinate installation of new light fixtures, prepare ground for planting of light
screening vegetation, conduct inspections and readj ust on an as needed basis, assess
and report on the effectiveness of lighting fixtures and vegetation as set forth in
Project (Phase III).
5. Agree to work diligently to complete project no later than December 31,2007.
6. The term of this Agreement shall be for the term of the Grant Contract (2006-0114-
004) expiring on December 31,2007.
l'a:;cluJl
16D2
IN ~NE~S WHEREOF, the parties have set their hands and seals this ;2<{-r~
lilY-I I 2007.
Atte!i,t; G~~r
UW)GHTI!1: ~OCK, CLERK
'>,' . .
~.:"._'~tttQ'kf k
. . t 'G:I\ttl(
. ~test IS ,to Ch411'l1U t
$1911 il,~!lf'lf on I ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
-=r 0""" rJUv--
('(/11" Robert Zachary .
r Assistant County Attorney
ATTEST:
aAA~:'- ,4~j'Ci1~
Ity Clerk
day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ry d..-/ N#
Co issioner James Coletta, Chair
CITY OF NAPLES
;/
By:
Bill Barnett, Mayor
APPROVED AS TO FORM
AND LEGALITY BY:
~~
(/ c. 0
1 ~ i, \ 'i
J L,ul ~\ J \l . \
City Attorney ,i
J
Item# I(PO Z
Agenda 4/ D le'1-
Date I.
Da~~d L{ )a.-~lb1-
~'
!';lC'L 2 ,,12
"ii 6 ,-"'V
cI, iW t:. ,
MEMORANDUM
Date:
April 25, 2007
To:
Susana Capasso, Operations Coordinator
Parks and Recreation
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement - City of Naples
Enclosed please an one (1 )original and (I) certified copy of the document as
referenced above, (Agenda Item # 16D2) which was approved by the Board
of County Commissioners on Tuesday, April 10, 2007.
If you should have any questions, please contact me at: 774-8411.
Thank you,
Enclosure
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16n2
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY
OF NAPLES TO REDUCE NESTING SEA TURTLE DISORIENT A TION IN
COUNTY AND CITY BEACHES
THIS AGREEMENT, made and entered into this 27th day of March, 2007, by and
between the CITY OF NAPLES, a municipal corporation, hereinafter called "City" and
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called
"County," to provide for the Sea Turtle Light Disorientation Prevention Project.
WITNESSETH:
WHEREAS, the National Fish and Wildlife Foundation has entered into a
contract agreement with Collier County to reduce nesting sea turtle disorientation by
planting native light screening vegetation along County and City beach accesses. Project
will replace current electric pole lights along County and City of Naples beach accesses
with sea turtle friendly lighting.
WHEREAS, The Board of Directors of the National Fish and Wildlife Foundation
approved an award of $132,196 in federal funds to Collier County to support the Sea
Turtle Light Disorientation Prevention Project.
NOW, THEREFORE, in consideration of the mutual covenants contained therein,
the County and the City hereby agree as follows:
I. To communicate with the Project Manager on a regular basis with respect to the
status of the Project, including but not limited to providing reports discussed or
deemed necessary by National Fish and Wildlife Foundation Grant Contract 2006-
0114-004.
2. To coordinate with necessary officials to outline the needs of the grant and to
delineate responsibilities as required to apply for permits, meet with contractors,
order light fixtures and light screening vegetation as set forth in Project (Phase I).
3. To coordinate press releases which include public information as to the needs and
benefits of the project, remove old light fixtures and install woody plants as set forth
in Project (Phase II).
4. To coordinate installation of new light fixtures, prepare ground for planting of light
screening vegetation, conduct inspections and readjust on an as needed basis, assess
and report on the effectiveness of lighting fixtures and vegetation as set forth in
Project (Phase III).
5. Agree to work diligently to complete project no later than December 31, 2007.
6. The term of this Agreement shall be for the term of the Grant Contract (2006-0114-
004) expiring on December 31, 2007.
I',l~": 1 ili:~
-"._--_..."._..._.^.....~-_.. ._,"---_.~._. ,~._--,,~...__._-.--~_.-
*** OR: 4235 PG: 1623 ***
lpD2
IN ff;:tt WHEREOF, "" port;" h,,, "" 'hol, Imnd., ,n' ,rul, <hi, "'If~
-. 2007.
Attest:
DWIGHT E. BROCK, CLERK
*~JW(t~ik
De . . Clerk ",- ..
~tte;t u. ~,~tl'1lall ,
s fll/1.ature or, 1 , .
,.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
JOM ~J~
(\ / Robert Zachary
to Assistant County Attorney
ATTEST:
~'fr.4./(~
ity Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
CITY OF NAPLES
BY~
Bill Barnett, Mayor
APPROVED AS TO FORM
AND LEGALITY BY:
/) () /
/1'c/0 \) \\\~
City Attorney
l'agl'::'. nl:2
16D3
MEMORANDUM
Date:
April 10, 2007
To:
Tona Nelson
Sr. Administration Assistant
Parks & Rec. Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
FY 2007 Summer Food Service Program Grant
Enclosed please find two original grant agreements, as referenced above
(Agenda Item #16D3), which were approved by the Board of County
Commissioners on Tuesday, April 10, 2007.
After forwarding to the appropriate parties for signature please return a fullv
executed oril!:inal copy to the Minutes and Records Department for public
record.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosures (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING S,"Ir
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ToJ. 0 D 3
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 rouling slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccotion of the Chairman's signature, draw a line througl routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I. I!fI.J..I... (' Lv/'X.M..;~ ~^btte-\fX{ I,rp.s
2. ) I
. -~
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 BeC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Phone Number
tJ6LSo .j
01
Agenda Item Number
Yes
(Initial)
N/A (Not
A licable)
Number of Original
Documents Attached
~
1: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes colwnn 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 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 BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ~/, 10 ~ 7 (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 08, if a licable.
2.
3.
4.
5.
6.
16D3
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89: Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: 3/19/2007 To: Office of the County Attorney. Attn: Robert Zachary
From: Shari Ferguson, Regional Manager
(Name) (Title)
Public Services, Parks and Recreation
(Division) (Department)
Telephone # (Verv Important): 254-4030
Re: summer food service agreement
(Subject)
BACKGROUNDOFREQUEST~ROBLEM:
(Describe problem and give background information - be soecific. concise. and articulate.)
The Summer Food Service Program is a grant funded by the United States
Department of Agriculture Food and Nutrition Service and administered by the
Florida Department of Education. Staff has successfully administered the
Summer Food Service Program for the past twenty-five years in conjunction with
the summer camp program. This summer the program will provide an estimated
110,000 breakfasts and 140,000 lunches to local children. The County will be
reimbursed based on the number of meals served and the costs of administering
the program. Estimated program cost and reimbursement amount is $588.400.
(Are there documents or other information needed to review tbis matter? If yes, attach and reference this information.)
Two copies of the grant agreement are attached.
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Please review and sign if deemed acceptable.
OTHER COMMENTS:
cc: Marla Ramsey, Barry Williams
(AJ! requests must be copied to your appropriate Division Head or Constitutional Officer.)
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MEMORANDUM
Date: July 3, 2007
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Contract #07-4103
"Mail Center Operations and Delivery Services"
Contractor: Mail Bar Coding Investments of Southwest
Florida, LLC
Enclosed are three (3) original contract documents, as referenced above
(Agenda Item #16E2) approved by the Board of County Commissioners on
Tuesda~007.
The Fin~~1~l,t and Minutes & Records Department have retained
a copy.
If you should have any questions, you may contact me at 732-2646 x 7240.
Thank you,
Enclosures (3)
--"
""'w,
-...
ITEM NO.:
FILE NO.:J /17,- P!? e- do 6
ROUTED TO: U
/
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_ II-,C"
, ,.)DA:W)?\~CEIVED:
..'. ",n-.J ~\ ,'.
. \. )\~' ,
,1\.1". t>~ ~'. \ '0
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1~~ \ JU'
- ,
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
June 28, 2007
Office of the County Attorn~ ~/
Attention: Rel3s.l ~....h"ry 7MMfi.5 Yq/~
Lyn M, Wood, C.P.M., Contract Specialist ~,...I
Purchasing Department, Extension 2667 (1'10'
To:
From:
C{
1(1
~
br }o// fP(J)
Re: Contract: 07-4103 "Mail Center Operations and Delivery Services"
Contractor: Mail Barcoding Services of SWFL
BACKGROUND OF REQUEST:
This contract was approved by the BCC on April 10, 2007; Agenda
Item 16,E,2,
This item has not been previously submitted,
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me, Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Joanne Markiewicz, Purchasing Dept.
'] f,.> L: 2
c:!l- \.... i,.,~
MEMORANDUM
TO:
Wayne Fiyalko
Risk Management Department
DATE:
Lyn M. Wood, C.P.M., Contract specialis,~L' _
Purchasing Department 'fir-
June 28, 2007
FROM:
RE:
Review Insurance for Contract: 07-4103 "Mail Center Operations
and Delivery Services"
Contractor: Mail Barcoding Services of SWFL
This Contract was approved by the BCC on April 10, 2007; Agenda Item
16,E.2,
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded,
Thank you, If you have any questions, please contact me at extension 2667.
dod/LW
DATE RECEIVED
JUN 2 8 2007
(,'_ I RISK MANAGEMENT
'= <981 c. 7
~^W ~C<~t
C: Joanne Markiewicz, Purchasing Dept.
Division of Corporations
Page I of2
16E 2
Florida Limited Liability
MAILBARCODING INVESTMENTS OF SOUTHWEST FLORIDA, LLC
r--:~~"_"'::^,
PRINCIPAL ADDRESS
5831 HALIFAX AVENUE
FORT MYERS FL 33912
Changed 08/30/2005
MAILING ADDRESS
5831 HALIFAX AVENUE
FORT MYERS FL 33912
Changed 08/30/2005
Document Number
L04000083774
FEI Number
201900779
Date Filed
11/18/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0,00
Registered Agent
Name & Address
MACK, DOUGLAS P
2067 MISSION DRIVE
NAPLES FL 34109
anager em er eta!
I Name & Address II Title I
MACK, DOUGLAS P G
2067 MISSION DRIVE
NAPLES FL 34109
M
1M
b D
'1
r:-~-~--'~'"
.
Annual Reports
.
http://www.sunbiz.org/scripts/cordct.exe?al =DETFIL&n 1 =L04000083 774&n2=NAMFW .,. 2/27/2007
Division of Corporations
16E
?
:......
Page 2 of2
I Report Year II Filed Date I
I 2005 II 08/30/2005 I
I 2006 II 04/05/2006 I
~
...i~E\Xl Filing I
No Events
No Name History Information
~"
Document Images
Listed below are the images available for this filing.
04/0512006 -- Al'ililJALREPORT
08/30/2005 "ANNUAL REPORT
11/18/2004 -- FIQrida Limited Liabilites
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz,org/scripts/cordet.exe?a I ~D ETFIL&n 1 =L04000083 77 4&n2= N AMFW.., 2/27/2007
16E 2
AG R E E M EN T 07-4103
for
Mail Center Operations and Delivery Services
THIS AGREEMENT, made and entered into on this 27th day of May, 2007, by and between
Mail Bar Coding Investments of Southwest Florida, LLc, DBA Mail Barcoding Services of
SWFL, authorized to do business in the State of Florida, whose business address is 5831
Halifax Avenue, Fort Myers, Florida 33912, hereinafter called the "Contractor", and Collier
County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a three (3) year period, commencing on
May 27, 2007.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide mail center operations and
delivery services in accordance with the terms and conditions of RFP #07-4103 and the
Contractor's proposal referred to herein and made an integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement according to the pricing set forth on Exhibit A, Schedule of Fees, attached
hereto and made an integral part of this Agreement.
4, NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed, faxed or emailed to the Contractor at the following Address:
Douglas P. Mack, President
Mail Barcoding Services of SWFL
5831 Halifax Avenue
Fort Myers, Florida 33912
Telephone: 239-274-8700
Facsimile: 239-274-8701
Email: dmack@mailswfl.com
Page 1 01'7
16E
2 ,
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Director
Telephone: 239-774-8371
Facsimile: 239-732-0844
Email: stevecarnell@colliergov.net
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S" all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County,
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County,
Page 2 of7
16 E 2
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of
non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: 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 Contractors; Products
and Completed Operations and Contractual Liability,
B. Business Auto Liabilitv: 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.
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 Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date,
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
D. Bonding Requirements: A fifty thousand dollar ($50,000) fidelity bond will be
issued to the County to secure the postage advanced for the purposes of metering
the County's mail.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall inderrmify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
Page 3 of8
16E 2
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Purchasing Deparhnent.
13, CONFLICT OF INTEREST: Contractor 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, Contractor further represents
that no persons having any such interest shall be employed to perform those services,
14. 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: Contractor's Proposal, Insurance Certificate, Letter of Credit, RFP #07-4103
Scope of Work, Addendum and Exhibits A (Schedule of Fees), B (Monthly Billing
Report Example) and C (Meter Fund Report Example).
15. 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.
16. 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.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement,
the Contractor 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 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended, Failure by the Contractor 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,
18. VENUE: 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
Page 4 of?
16E 2
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the Contractor extending the pricing, terms and conditions of
this solicitation or resultant contract to other governmental entities at the discretion of the
Contractor.
20. BACKGROUND CHECKS: Contractor shall be responsible for the costs of providing
background checks for all employees that shall provide services to the County under this
contract. This may include, but not be limited to: checking federal, state and local law-
enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records, The results
of these checks will be kept on file by the Collier County Security Section until the total
completion of the project.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and Vendor,
22. SUBSTITUTE PERFORMANCE. In the event the Contractor fails to perform any
required service within the time schedule under the subsequent contract, the County
reserves the right to obtain substitute performance, Further, the County reserves the
right to deduct the cost of such substitute performance from the Contractor's payments.
The Contractor may be exempt from this provision if such exemption is granted by the
Contract Manager or their designee, in writing, prior to any delays or as a result of an
Act of Nature,
23. INVOICING. The purchase order number must be referenced on each invoice. If this
number does not appear or is omitted, invoice will be returned to the vendor by the
Accounts Payable Department. Billing problems/concerns should be directed to the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34412. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
24. REPORTING. Contractor shall provide the Contract Manager with two (2) reports,
substantially in the forms shown in Exhibits B (Monthly Billing Report Example) and C
(Monthly Meter Fund Report Example), with monthly invoicing.
25. EMPLOYEE IDENTIFICATION. All employees must wear Collier County Government
identification badges at all times while performing services on County facilities,
26. ASSIGNMENT, SUBLEASE, SALE, etc. Should the Contractor sell or sublet this
contract or any part thereof to any person or entity other than the awardee, the Board of
County Commissioners shall be notified in writing immediately upon the transfer of
ownership, The assignment of this contract or any part thereof, shall require that its
PageSof7
16E 2
assignee be bound to it and to assume toward the Contractor, all of the obligations and
responsibilities that contractor has assumed toward the County. In the County's best
interest, and at its option, the service/commodity may be re-bid, delivering a sixty (60)
day written notice to the new owner(s).
27. SAFETY. Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property
or to protect them from damage, injury or loss. Contractor shall maintain all necessary
safeguards for such safety and protection.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E Brock, Cle'rk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: dt~'~
Ja~ Coletta, Chairman
,
Approved as to form and
legal ~;ufficiency: ~
--d Ol-"^. ~n-- -
Assista t County Attorney
---r-'4ll-- lJi} I "11~' rv-
Print N~
1Z Ji! h11/ -,j /,
/. It:",' If! /Jra~" !
First Witness if
Mail Bar Coding Investments of Southwest
Florida, LLC DBA Mail Barcoding Services
Of SWFL
,\ Co~tractor
/ L J , ,
By:1Jc~ f. t
Signa re
J
" '"11..- Gt~ni !t\~'A"J:
t}J.k!i.::-Ii.;;j;. ft.'r":.!L1.l~ S/:'~
Typed signature and title
J),.;I/!i./ ;tJ l)~l/ltl'j 0<.
tType/print witness namet
IidU
Second Witness
118m # J.la..tJ.-
f;i,}ilda ~ !?L.!,,'"
cale ~
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tType/ print witness name t
Page 6 of7
16E 2
EXHIBIT A
Contract #07-4103 - Mail Center Ouerations and Deliverv Services
Schedule of Fees
Administrative/Management Fee for all staffing and services
identified in the Scope of Services.
Note: Balance of AdministrativelManagement Fee less Department Service
Fee to be paid in twelve equal monthly payments, Approximate annual
monthly fee: $3,277,97,
$80,822.00 per year
Department Service Fee to be paid on each piece and deducted from
Administrative/Management Fee ($.0575 meter fee plus $0,011
accounting fee)
$0.0685 per piece
Pre-sorted and Meter Bulk Rate Postage: This is subject to change
by the USPS during the contract period, and will result in a
comparable change in the contract value effective on the same date(s)
as the USPS rate changes.
$0.326 per piece at time of
award
Additional Services 1 Enhanced Services: services to be invoiced
separately on a monthly basis.
. Bulk Permits
. Print one-sided (black and white)
. Print second side (black and white)
. Printed copy, fold, insert in #10 envelope, and inkjet address
. Fold copy
. Insert copy
. Inkjet printing (variable data)
. Printed #10 envelope
$0.00 per permit
$0.06 per piece
$0.03 per piece
$.15 per piece
$0.0175 per piece
$0.0175 per piece
$0.07 per piece
$0.03 per piece
Payment for lease of Mail Center space and use of golf cart.
$1,800 per year
One time trade-in allowance returned to the County for 2005
Mercure Envelope Sealing Machine MOD ME 05435 with power
supplied electronic counter with LCD and red light barrier (serial
number 0553).
$150.00
Page 7 of7
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16E 2
From: ELIZABETH CANNON At OLIN HILL & ASSOC INC FaxID: To: DEANA DELEON
Date: 6/2712007 06:20 PM Page: 2 of 2
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
DATE(M )
MAILB-2 06/28/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
PRODUCER
Olin Hill & Associates Inc.
2804 De1 Prado B1vd. #107
Cape Cora1 FL 33904
Phone: 239-945-1900
INSURED
INSURERS AFFORDING COVERAGE
NAIC#
INSJRER A
Capacity Insurance Company
Auto OWners Insurance Co.
09703
MAIL BAR CODE INVESTMENTS or
SW FL LLC DBA MAIL BAR CODING
5831 HALlrAX AVE.
rT. MYERS FL 33912
INSURER B
INSURER C
INS'JRER 0
INSJRER :::
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW -1A.VE BEEr>. ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMEI~T, TLRM OR CONDITION OF ANY CO:-.rTRll,CT OR OTHER DOCUMENT WITlI RESPECT TO WlilCH THIS CERTIIICATE MAY BE ISSLCD :JR
WAY PFRTAII{ THE INSLJRANCE AFFORDED BY THE POL ICIES DESCRIRFD HEREIN IS SUB.JECT TO ,AU THE TERMS EXCllJSIONS AND CONDITIONS OF SUCH
POLICIES~GGREG~T_~ LIMITS SH~~N ~:~EEN REDUCED~Y p~~ CLAIMS_ u_ ~~fJ~ ~kt1r(~M/DDNY) ,-
LTR NSRe TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY EACH OCCURkl:NCE $l,O~,~_'OOO
-
A X X pMFRCIAL GENERAl LIABILITY CLP009040 11/30/06 11/30/07 I PREM SES lEa (l~curenC()) $100,000
~ \.LAIMS MACE ~ OCCUR MEDEKP [Any Jn8person) $ 5,000
I'ERSONAL & A]V Ir--"JURY $1,000,000
GENERAL AGGREGATE $ 2 ,000 ,000
-
il'~ ^GGR~n L~~APPn~ER P'<ODUCTS - COMP/OP AGG $ INCLUDED
X POLICY .JECT LOC
AUTOMOBILE LIABILITY COMBINED SINSI F L1MI~
,- $
ANY AUTO (Eaaccldent)
-
Al.L OWNED AUTOS BODILY INJU'<Y
-- $
- SCHEDULCD AUTOS : IPerperson)
HIRED AUTCS BODILY I'\JJURY
$
NON-OWNED AUTOS (Per accident)
~ --
-- --.- --~- P'<OPERTY CAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AlTO OTHER THAN EAACC $
AYOONLY AGG I
=S~SS'UMBRELLA LIABILITY EACH OCCURRFNCE $
OCCUR D CLAIMS MAUl:: AGGREGATE $
, $
~ CEDUCTIBLE I
RETEr--,T,ON $ --
$
WORf<ERS COMPENSATION AND :l~R'yt:~I\~L l'Ef<
EMPLOYERS' LIABILITI
ANY PROPRIETORIPARTNERIEXCCUTIVE ' E _ EACH ACCIDENT $
OFFICE'<IME\1BFR EXCLUDED? ~_fISEASC - EA eMPLOYEE, $ ,'--
Ityes,de5Cnbel.lnder U-'DISEASE POLl:::Y LIMIT I $
SPEC At PROVISIONS below
OTHER !
B FIDIUaITY BINDER2498 06/04/07 06/04/081 FIDELITY $50,000
OESCRlPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
BOARD or COUNTY COMMISSIONERS COLLIER COUNTY, rLORIDA ARE ADDITIONAL INSURED
RE: 07-4103
CERTIFICATE HOLDER CANCELLATION
COLLCOB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEANNA DELEON
3301 TAMIAMI TR, EAST
NAPLES rL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY f<IND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR R
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
16E 2
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
~ 6AXVX6CU 06/27/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION
Lighthouse-Programs, LLe ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
301 E. pine Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 350 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW,
Orlando, FL 32801 ..I NAIC#
INSURERS AFFORDING COVERAGE
---- - - -..- ----
INSURED INSURER A: SUA Insurance Company
First Financial Employee Leasing, Inc. ----
3745 Tamiami Trail INSURER B" =I
Port Charlotte, FL 33952 ------ ----- ----
INSURER C:
r-- ------ - --
~~RER D
--_.......------ ,
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGR~_GATE lIMI!S SHOWN MAY HAVE BEEN R~DUCED BY PAID CLAIMS. _ _ ~~;! -- --
~:'~~~~ TYPE~FINSUR~N;;-- -~L.lCY;UMB;;-- --T Pgki~~~~fg8~ Pg~!feY;~~~~~Nf--- LIMITS
! GENERAL. L.IABILlTY ! EACH OCCURRENCE_ 1$
r I CaMMERC"L GENERAL LIABILITY I t_oo_,o ~
,,-~-, .
_ ,-1 CLAIMS MADE D OCCUR ~~~~P (Any _~n8 person) ~ _
PERSONAL & ACN INJURY $ -
j-- - --- -
- ' GENERAL AGGREGATE $ u_
- - -- - I -...-.. -----..-..-- --
I3l'~ AGG~ErATE LIMIT AP~S PER: PRODUCTS - COMP/OP AGG $ --
_. .....-..----- -.--
POLICY I ~,B.9.; , LOC
~OMOBILE L.IABILlTY ! COMBINED SINGLE LIMIT ,
{Eaaccidenl}
- ANY AUTO ,-
- ALL OWNED AUTOS BODILY INJURY
I ; (Per person) ,
SCHEDULED AUTOS
- r Ba~ILYINJUR;
- HIRED AUTOS I
I ,
NON-OWNED AUTOS (Per accident)
- ----- -- -- --
- - -- PROPERTY DAMAGE ,
(Peraccidenl)
GARAGE LIABIliTY ~.Q.~~~~ E,,\_~CCIDENT " ---
r..--.I
I~: ANY AUTO OTHER THAN EAACC ,
-
AUTO ONLY: AGG ,
I EXCESS/UMBRELLA UABIlITY EACH OCCURRENCE ,
o OCCUR C CLAIMS MADE AGGREGATE ,
-
- " - -
I ! DEDUCTIBLE ,
'j RETENTION --..-
, , $
A WORKERS COMPENSATION AND WSLTHPE 000066..02 12/31/2006 01/01/2008 X [. WCSTATU-ll OTH-
. TORY LIMITS EB_
EMPL.OYERS' UABILlTY I 1'~_9.'0_~~
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT u_
OFFICERlMEMBER EXCLUDED? I EL DISEASE - EA EMPLOYEE I l,OOO,O~_~
~~~~I~tS~~Ovls1o~s below 1 EL DISEASE _ POLICY LIMIT I 1,000,000
OTHER ! I
!
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICL.ES / EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS
Coverage is extended to the leased employees of alternate employer (Florida Operations ONLY) : Mailbarcoding
Investments Of Sw Fl., Inc. client #8526 (Effective 1.01.2006) DISCLAIMERl The Certificate of Insurance 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.
CERTIFICATE HOLDER
CANCELLATION
SHOUL.D ANY OF THE ABOVE DESCRIBED POliCIES BE CANCEL.LED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIL.L ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO
THE CERTIFICATE HOL.DER NAMEDTOTHE L.EFT, BUT FAILURE TO DO SO SHAL.L.IMPOSE NO
OBLIGATION OR L.IABllITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Collier County Board of County Commissioners
Diana DeLeon 239/530-6597 AUTHORIZED REPRESENTATIVE ~
3301 Tamiami Trail East BIdg G
Naples, FL 34112 Page 1 of 1
ACORD 25 (2001108)
@ACORD CORPORATION 1988
Jun-27-2007 04:16pm From-ZANDY INSURANCE AGENCY +2395668762
~.A.~~'~Jl~~UKANLE
ZANDY INSURANCE AGENCY, INC.
Auto Life Health Home
T-461 P 001/001 H80
16E 2
2930 Immokalee Road, Suite 1
Naples, FL 34110
Phone (239) 566-3333 Fax (239) 566-8762
CERTIFICATE OF INSURANCE
Ibis certifies that State Farm Mutnal Automobile Insurance Company, Bloomington, Illinois
Insures the fullowing policyholder for the coverage indicated below:
MaiI Bar-codinl! Investments of SW FL LLC
The policies listed below have been issued to the policyholder for the continuous policy periods shown.
The insurance described in these policies is subject to the terms and excIusions, and conditions of those
policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER TYPE OF INS POLICY PERIOD LIMITS OF LIABILITY
Effective DHlt:IExpindiQR D* BodilY~~:~~Y InjutyP'"
accldent/i e OOCwn:ucc
4.185121-E30-59 Automobile 05/30/07 - 11130/07 500,000/500,000/1 00,000
4185122-E30-59 Automobile 05/30/07 - 11/30/07 500,000/500,000/100,000
418 5123-60-59 Automobile 05/30/07 - 11/30107 500,0001500,000/1 00,000
418 5124-BO-59 Automobile 05/30/07 - 11/30107 500,0001500,000/1 00,000
4.19 5125-60-59 Automobile 05/30/07 - 11/30107 500,000/500,000/1 00,000
418 5126-60-59 Automobile 05/30/07 - 11/30107 500,000/500,000/1 00,000
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFlRMATIVEL Y
NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE Al'PROVED BY AN POLICY DESCRlBED
HEREIN
Certificateholder;
Signature of Authorized Representative
Dori Zandy, State Farm Insurance
Collier County Board of County Commissioners
P.O. Box 150027
Naples, FL
Ann: Piana Pe Leon/Purchasing Pcp..
Fax: 239-530-6597
16F2
MEMORANDUM
Date:
April 17, 2007
To:
Christine Chase
Emergency Management
From:
Trish Morgan, Deputy Clerk
Minutes & Records Department
Re:
Fiscal Year 2007 Emergency Management Preparedness
And Assistance Grant Modification
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #16F2), approved by the Board of County Commissioners on
Tuesday, April 10, 2007.
Please forward the original document on to the appropriate person/department.
If you should have any questions, please call 774-8399.
Thank you.
Enclosure (I)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16F2
Print on rink paper. i'[tach to original d, l(unlUIL Orif'.ill~ll d\lClln,('llh _~Ii()llld bl' hand delivcl cd (II the IlL lard Offkc. The complctl.'d routmg slip iUld original
c!oclllllenh arc l(l be kHvardcJ to till..: 13\'ard O!l1I,X UI1I\ ,!![I.rr lhl' no,ud ha~ takell al'lioll Or! (h~ iklll)
ROUTING SLIP
Complete routing lines #1 through #4 &<i appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
execution of the Chairman's signature, dmw a line throuro routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
I.
'-'::"----r
2.
- --------.- . .
3.
-"...-"-' -
4. . . . ..__,_,'_n_,
-.-.....
5. Sue Filson, Executive Manager Board of County Commissioners '-1//1 /Ot
(}I*'--'
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oFthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
Ves
(Initial)
N/A(Not
A licable)
nlY +-
L
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman. with the exception of most letters. must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
(n 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 Bee on 0' (enter date) and all changes
made during the meeting have been ineorporateil in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a Iicable.
c~
c.re.
C&-
CorA:::--
cjtf/
c~
I: Forms/ County Fonnsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised) .26.05, Revised 2.24.05
2.
3.
4.
5.
6.
.
16F2
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
"State Emergency Response Team"
CHARLIE CRIST
Governor
w. CRAIG FUGATE
Director
March 13,2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
f. C('I::I"cD
-\ L l'- V l~
Mr. Dan E. Summers, Director
Collier County
3301 East Tamiami Trail, Bldg. F
Naples, Florida 34112
! ,1 '. .., i ~ : . 'III , t
Re: A WARD Letter
Agreement #07-BG-04-09-21-01-320
Dear Mr. Summers:
In accordance with Paragraph 17( d) of the above reference Agreement, this award Letter
serves as a legal modification to your Base Grant Agreement. This A ward Letter provides
FEDERAL funds to your County in the amount of $42,031.
These funds continue to require a dollar for dollar non-federal match. Please
ensure that your County can provide the required additional match before accepting these
funds.
This Award letter increases your County's total amount of funding under this Agreement
to $144,511. You must return the attached budget form (Attachment A-I) showing the
anticipated expenditure of the Federal funds. All other terms and conditions of the Agreement
shall remain in full force and effect. Please make this a part of your Agreement File.
Should the County not wish to accept these additional funds, then the County must
provide notice to the Division within thirty (30) days of receipt of this Award Letter. Otherwise
the County shall provide to the Division its written notice of acceptance within forty-five
(45) days of receipt of the Award Letter. In accordance with Paragraph 17(d) of the above
referenced Agreement, the terms of this Agreement shall be considered to have been modified to
include the additional funds upon receipt by the Division of the written notice of acceptance.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016
Internet address; htto:/Iwww.FloridaDisaster.ora
LONG TERM RECOVERY OFFICE . 36 SKYLINE DRIVE . LAKE MARY, FLORIDA 32746
Phone: 407.268-8899 FAX: 407-268.8977
16F2W,,,
Attachment A-I
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Performance (EMPG) Federal portion of this subgrant only (Paragraph (17)( d),
FUNDING/CONSIDERA nON).
Category Anticipated Expenditures Amount
SalarieslFringe Benefits $ .L/.~ [. 8/
,
Other Personal Services $
Expenses $
Operating Capital Outlay $
Fixed Capital Outlay $
Management & Admin. Costs
(not to exceed 2.5%) $
Total Federal Funds $ if9, (/3/
16F2
County EM Director
Page Two
Rule 9G-19 .006(4), Florida Administrative Code provides for the reallocation of any
unspent (State EMP A) Base Grant funds. All funds were utilized by the counties in Fiscal Year
2005-06; therefore, no funds are available for reallocation for Fiscal Year 2006-07.
You may indicate your acceptance of these funds by signing and returning this Award
Letter with the attached budget page to Cherie Trainor, Florida Division of Emergency
Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
~~J
,..h...W. Craig Fugate, Director
U.(Division of Emergency Management
WCFj
Attachment
..............................................................................,
I accept the additional funds and agree to all terms and conditions as set forth in the EMP A Base
Grant Agreement.
County:
Collier
~4i
Authorized Official:
Title: T:lmp.;:: r.nl P........l'I r.h;:li rmrln. Board of County Commissioners
Date: Anri1 10. 2007
1'l"l'11'l'
D1IIIIft' I. ..~ ....
..... .
BY:~~..'
- .
~ .-."
c .,._-~
.Ulst _.to ~t.....
.1.... 0iI1~; )
'.' ~
, BLI'H~'~
------
,._,-U"Pi).
.~
/~f,;KI~.:;
Agenda
Date
\6F2.
4/ltlory
..JIb ~'7
Item #
Date
Rec'd
~lk
16F2._
County: Collier
Agreement No: 07-BG-04-09-21-01-320
REVISED EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program $42,031
CFDA: 97.042
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G-6, 9G-ll, and 9G-19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
OMB Circular A-87 and A-133
48 CFR, Part 31
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TmS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and
number)
State Awarding Agency: Division of Emereencv Manaeement
Catalog of State Financial Assistance Title: Emereencv Manal!:ement Prol!:rams
Catalog of State Financial Assistance Number: 52008
State Grant Amount: $105,806 (minus deduction of $3,326 mos. satellite service)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO TmS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
Agreement Number: 07BG-04-09-21-01- ?; 20
CSF A Number: 52008
CFDA Number: 97.042
STATE AND FEDERALLY-FUNDED SUBGRANT AGREEMENT
16F2
TIllS AGREEMENT is entered into by and between the State of Florida, Division of
Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Division"), and COLLIER COUNTY, (hereinafter referred to as the "Recipient").
TIllS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive
these grant funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida,
and has the authority to sub grant these funds to the Recipient upon the terms and conditions
hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, TIIEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget,
Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT
lbis Agreement shall begin October 1, 2006 and shall end September 30, 2007 unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
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(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this Agreement. Notwithstanding the
foregoing, any budget changes which do not increase the overall cost of the project or change the
Scope of Work do not require a written modification to this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be
subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMS Circular No. A-I 10, "Grants and Agreements
with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either
OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMS Circular No.
A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles
for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition
Regulations 31.2 and 931.2
(b) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement, and the compliance of all subcontractors or consultants to be
paid from funds provided under this Agreement, for a period of five years from the date the audit
report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor
General access to such records upon request. The Recipient shall ensure that audit working papers
are made available to the Division or its designee, Chief Financial Officer, or Auditor General
upon request for a period of five years from the date the audit report is issued, unless extended in
writing by the Division, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five
years after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
supporting documentation of all program costs, in a form sufficient to determine compliance with
the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments
B and B-1, and all other applicable laws and regulations.
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(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its records
at reasonable times to the Division, its employees, and agents. Reasonable shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00 p.m., local time, on Monday through Friday. Agents shall include but not be limited
to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
For Federal Funds:
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department of Community Affairs
and! or the Division with the records, reports or financial statements upon request for the purposes
of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-B3, as revised, and in the event that the Recipient expends $500,000
or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT
I to this Agreement indicates Federal resources awarded through the Division by this Agreement.
In determining the Federal awards expended in its fiscal year, the Recipient shall consider all
sources of Federal awards, including Federal resources received from the Division. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-B3, as revised. An audit of the Recipient conducted by the
Auditor General in accordance with the provisions ofOMB Circular A-B3, as revised, will meet
the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
ofOMB Circular A-B3, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required.
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In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit
must be paid from Recipient resources obtained from other than Federal entities).
( e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient
directlv to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted to the above office at the following address:
auriIIa.parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
(t) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the Recipient
shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133,
as revised, and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
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Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla. parrish@dca.state.f1.us
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shmnard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted
to the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
(h) Recipients, when submitting financial reporting packages to the Department
and the Division for audits done in accordance with OMB Circular A-B3 or Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the Recipient
in correspondence accompanying the reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient
shall be held liable for reimbursement to the Division of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to the Department and the
Division no later than seven (7) months from the end of the Recipient's fiscal year.
For State Funds:
(a) The Recipient agrees to maintain financial procedures and support docmnents,
in accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circmnstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
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( c) The Recipient shall also provide the Division with the records, reports or
fmancial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida
Statutes, it shall comply with the following:
In the event that the Recipient expends a total amount of State financial assistance equal to
or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and
Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXIllBIT I to this Agreement indicates State financial assistance
awarded through the Division by this Agreement. In determining the State fmancial assistance
expended in its fiscal year, the Recipient shall consider all sources of State financial assistance,
including State funds received from the Division, other state agencies, and other nonstate entities.
State fmancial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d),
Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes. is not
required. In the event that the Recipient expends less than $500,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources
(i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other
than State entities. Additional information on the Florida Single Audit Act may be found at the
following website: hrto://www.state.fl.us/fsaa/statutes.html.
(e) Report Submission
1. The annual financial audit report shall include all management letters
and the Recipient's response to all findings, including corrective actions to be taken.
2. The annual fmancial audit report shall include a schedule of financial
assistance specifically identifYing all Agreement and other revenue by sponsoring agency and
Agreementnurnber.
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3. Copies of financial reporting packages required under this Paragraph 6 shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Servi.ces
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted to the above office at the following address:
aurilla, oarrish@dca.state.fl.us.
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to
the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the
Department and the Division for audits done in accordance with OMB Circular A-B3 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
(f) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to the Division of all funds not spent in
accordance with these applicable regulations and Agreement provisions within thirty (30) days
after the Division has notified the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with
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Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall
either be a certified public accountant or a public accountant licensed under Chapter 473, Florida
Statutes. The IPA shall state that the audit complied with the applicable provisions noted above.
(7) JUEP()FtTS
(a) At a minimum, the Ftecipient shall provide the Division with quarterly
financial reports, and with a close-out report. Semi-annual and end of year reports shall include
the current status and progress by the Ftecipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to such other information as requested by the Division.
(b) Quarterly financial reports are due to be received by the Division no later
than 30 days after the end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative close-out report. The ending dates for each
quarter of the program year are December 31, March 31, June 30 and September 30.
(c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the
Division or are not completed in a manner acceptable to the Division, the Division may
withhold further payments until they are completed or may take such other action as set
forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work
product was completed in accordance with the Budget and Scope of Work.
( e) The Ftecipient shall provide such additional program updates or information as
may be required by the Division.
(f) The Ftecipient shall provide additional reports and information as identified in
Attachment D.
(8) M()NIT()RING
The Ftecipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachment B and
B-1 to this Agreement, and reported in the semi-annual and end of year progress reports.
In addition to reviews of audits conducted in accordance with ()MB Circular A-l33, as
revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT JUEQUIREMENTS,
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above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff,
limited scope audits as defmed by OMB Circular A-B3, as revised, and/or other procedures. By
entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Comptroller or Auditor General. In addition,
the Division will monitor the performance and financial management by the Recipient throughout
the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section
768.28, Florida Statutes. the Recipient shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall hold the Division harmless against all
claims of whatever nature by third parties arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of
the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28
Florida Statutes. for its negligent acts or omissions or tortious acts which result in claims or suits
against the Department, and agrees to be liable for any damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising
out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the
part of the Division to make any further payment of funds hereunder shall, if the Division so
elects, terminate and the Division may, at its option, exercise any of its remedies set forth in
Paragraph (II), but the Division may make any payments or parts of payments after the happening
of any Events of Default without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement
or any previous Agreement with the Division shall at any time be false or misleading in any
respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or
covenants contained in this Agreement or any previous agreement with the Division and has not
cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
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(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said
material adverse change within thirty (30) days from the time the date written notice is sent by the
Division.
(c) If any reports required by this Agreement have not been submitted to the
Division or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Division may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure
to cure within said thirty (30) day period, exercise anyone or more of the following remedies,
either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
I. requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of
costs incurred for any items determined to be ineligible;
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(e) Require that the Recipient return to the Division any funds which were used
for ineligible purposes under the program laws, rules imd regulations governing the use of funds
under this program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division
from pursuing any other remedies contained herein or otherwise provided at law or in equity. No
waiver by the Division of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy
of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the
Division for any further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in
a timely manner; and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
(b) The Division may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual conveuience
as evidenced by written amendment of this Agreement. The amendment shall establish the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the
notification of termination. The Recipient will cancel as many outstanding obligatious as possible.
Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue
of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount
of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be ill
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writing, either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below at the address set forth below and said notification attached to the
original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Chanda D. Brown, Contract Manager
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak: Boulevard
Tallahassee, FL 32399-2100
Telephone: (850) 414-8538
Fax: (850) 488-7842
Email: chanda.brown@dca.state.fI.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers, Director
3301 E. Tamiami Trail, Bldg. F
Naples, Florida 34112
Telephone: 239-774-8445/8000
Fax: 239-775-5008
Email: DanSummers@collierQov.net
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts anv or all of the work reauired under this Aln"eement. a
copv of the executed subcontract must be forwarded to the Division for review within ten
(10) davs of execution. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (ill) the subcontractor shall hold
the Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the semi- annual and end of year progress reports
submitted by the Recipient.
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For each subcontract. the ReciDient shall Drovide a written statement to the Division
as to whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
Tills Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) Tills Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A - Budget
Attachment B and B-1 - Scope of Work
Attachment C - Program Statutes, Regulations, and Program Requirements
Attachment D - Reports
Attachment E - Justification of Advance
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debarment
Attachment H - Statement of Assurances
(17) FUNDlNG/CONSIDERA nON
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$102,480 subject to the availability of funds.
(b) By its execution of this Agreement, the Recipient authorizes the Division to
pay on its behalf $2,847 for the recurring charges for the satellite communications service from the
total allocation provided to Recipient of $105,806. In addition, the amount of $479 is deducted
from the total allocation to reimburse the Division for payment of non-recurring satellite charges
paid on behalf of the Recipient.
(c) Any advance payment under this Agreement is subject to Section
216.181(16), Florida Statutes. and is contingent upon the Recipient's acceptance of the rights of
the Division under Paragraph (12)(b) of this Agreement. The amount willch may be advanced
may not exceed the expected cash needs of the Recipient within the first three (3) months of the
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contract term. For a federally funded contract, any advance payment is also subject to federal
OMB Circulars A-87, A-lIO, A-122 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds.
1. X No advance payment is requested.
2.
An advance payment of $
is requested.
(d) After the initial advance, if any, payment shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly may
be approved by the Division for exceptional circumstances. An explanation of the exceptional
circumstances must accompany the request for reimbursement. The Recipient agrees to expend
funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band
B-1 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the State Legislature, the Office of the Chief Financial Officer, State Office of
Management and Budgeting or the Federal Office of Management and Budgeting, all obligations
on the part of the Division to make any further payment of funds hereunder shall terminate, and
the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the
Division.
The amount of funds available pursuant to this rule chapter may be adjusted proportionally
when necessary to meet any matching requirements imposed as a condition of receiving federal
disaster relief assistance or planning funds.
Any requests received after November 1, 2007, may, in the discretion of the Division t, not
be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
Changes to the amount of funding to be provided may be accomplished by notice from the
Division to the Recipient, in the form of certified mail, return receipt requested. The Division may
make an award of additional funds by subsequent Award Letter certified mail, return receipt
requested. These additional funds may be accepted by the Emergency Management Director or the
Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient
determine it does not wish to accept the award of additional funds, then the Recipient shall provide
notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise,
the Recipient shall provide to the Division its written notice of acceptance within forty-five (45)
days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been
modified to include the additional funds upon the Division's receipt of the written notice of
acceptance and receipt of a budget form which details the proposed expenditure of the additional
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funds. The budget form will be provided by the Division when the offer of additional funds is
made.
All funds received hereunder shall be placed in an interest-bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed
to the Recipient by the Division that are not expended in implementing this program
shall be returned to the Division, along with any interest earned on all funds received under this
Agreement, within ninety (90) days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Whenever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
At a minimum, the Recipient shall continue to provide other funding for the
Recipient's Emergency Management Agency at an amount equal to either: (1) the average
of the previous three years' level of county general revenue funding of the Recipient's
Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency
Management Agency for the last fIscal year, whichever fIgure is lower (Rule 9G-19.011).
Recipient's general revenue funding for 911 services, emergency medical services, law
enforcement, criminal justice, public works or other services outside the local emergency
management agency as defIned by Section 252.38, Florida Statutes, shall not be included in
determining the "level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with this rule chapter and this rule by its
execution of this Agreement, and as a condition precedent to receipt of funding.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
Should the Recipient wish to carry forward into the fiscal year beginning October 1,2007
any unspent funds awarded under this Agreement, the Recipient must request such carry forward
of funds in writing with accompanying documentation detailing the exceptional circumstances
requiring the need to the Division by June 30, 2007. At the Division's discretion, an amount not
to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried
forward under this Agreement. Failure to timely submit information, or failure to submit complete
information, may result in the denial of a request to carry funds forward. Any carry forward
amounts approved will be added to the Recipient's base Agreement for the following year. Funds
may not be carried forward for the purpose of paying salaries and benefits of regular or Other
Personal Services personnel. Such salaries and benefit funds may be carried forward to cover
contractual or other temporary personnel costs for non-recurring projects only.
15
16F2
All payments relating to the Agreement shall be mailed to the following address:
Collier County Board of Commissioners
c/o Department of Emergency Management
3301 Tamiami Trail East. F-I
Naples. Fl 34112
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to
be made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Florida Statutes. if a check or other draft is returned to the
Department for collection, the Department must add to the amount of the check or draft a service
fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft,
whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Florida Statutes. the Division shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods and/or services provided in accordance with the terms and conditions of the
Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest
at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be
paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Division request, or in any submission or
response to fulfill the requirements of this Agreement, and such information, representations, and
16
16F2
materials are incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the
terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(Public Law 101-336, 42 V.S.C. Section 12101 et sea.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of employment,
public accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a period of 36
months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases ofreal property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity.
(h) With respect to any Recipient which is not a local government or state
agency, and which receives funds under this Agreement from the federal government, by signing
this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its
17
16F2
principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving sto len property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is 1lllllble to certifY to any of the statements III this
certification, such Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shaIl submit to the Division (by email or by facsimile
transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion' (Attachment G) for each prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the Division prior to the Recipient
entering into a contract with any prospective subcontractor.
(i) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
G) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(Ie) If otherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with Section 112.061, Florida Statutes.
(I) The Division reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient
in conjunction with this Agreement.
18
16F2
.1
.;
j
(m) If the Recipient is allowed to temporarily invest any advances of funds
under this Agreement, any interest income shall either be returned to the Department or be applied
against the Division's obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly-funded contracts
to any contractor who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(0) The Recipient is subject to Florida's Government in the Sunshine Law
(Section 286.011, Fla Stat. ) with respect to the meetings of the Recipient's governing board or
the meetings of any subcommittee making recommendations to the goveming board. All such
meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall
be public records, available to the public in accordance with Chapter 119, Fla. Stat.
(P) This Agreement may not be renewed or extended.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in
connection with this Agreement may be used directly or indirectly to influence legislation or any
other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the
best of his or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
19
16F2
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(22) COPYRlGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF TmS AGREEMENT ARE HEREBY RESERVED TO THE
STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF TmS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent
or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Division for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing
under or in connection with the performance of this Agreement are hereby reserved to the State of
Florida. In the event that any books, manuals, films, or other copyrightable material are produced,
the Recipient shall notify the Division. Any and all copyrights accruing under or in connection
with the performance under this Agreement are hereby transferred by the Recipient to the State of
Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement which he or she
knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights
and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose
will indicate that no such property exists. The Division shall then, under Paragraph (b), have the
right to all patents and copyrights which accrue during performance of the Agreement.
20
16F2
(23) LEGAL AUTHORIZA nON
The Recipient certifies with respect to this Agreement that it possesses the
legal authority to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The Recipient also certifies that
the undersigned possesses the authority to legally execute and bind Recipient to the terms of this
Agreement.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated
as Attachment H.
21
16F2 ~
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
Recipient: COLLIER COUNTY
BOARD OF CO~TY~IONERS
By ~ ~--
Frank Halas, Chairman
IO/tO/Oft:
Date:
FEID# 59-6000558
"'..
. ~~, r,:. ~~>~ ,,~.
..' ,'~
Approved as to Form a d Legal Sufficiency
--
~
RebeFl ;!eeRa"l', Assis nt County Attorney
1Ok.\ ?If~f../
STATE OF FLORIDA
DEPARTMEnF COMMUNITY A';AIRS
By: ~
Name and Title: W Craill FUllate. Director
Division of EmerllenCy Manallement
Date: \ d- ~ <0 "f
22
16F2
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TmS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program -0- (Federal funds will be awarded at a later date)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO TmS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time. Federal funds will be awarded at a later date within this contract
year.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TmS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance tide and number)
State Awarding Agency: Division of Emerl!encv Manal!ement
Catalog of State Financial Assistance Title: Ememencv Manal!ement Proerams
Catalog of State Financial Assistance Number: 52008
State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months and $479
for non-recurring charges)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO TmS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
23
16F2
Attachment A
Budget
The anticipated expenditures for the Categories listed below are for the Emergency
Management Preparedness and Assistance (EMP A) State portion of this subgrant only
(paragraph (17)(a), FUNDINGI CONSIDERATION). A seDarate budeet form for the
Emereencv Manaeement Performance Grant (EMPG) Dortion of this suberant will be
Drovided when federal funds are awarded bv the Division
Cateeorv AnticiDated EXDenditure Amount
SaIarieslFringe Benefits $ 20.000.00
Other Personal Services $ 10.000.00
Expenses $ 44.680.00
Operating Capital Outlay $ 27.800.00
Fixed Capital Outlay $
Total State Funds $ 102.480.00
(page 14)
24
16F2
Attachment B and B-1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with
the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-
6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work
recognizes that each recipient is at a varying level of preparedness, and it is understood that each
county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certifY that it will use the award to
enhance its Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the
work items approved by the Division and attached hereto as Attachment B-1. Subsequent
revisions during the term of this Agreement shall done by written modification in accordance with
Paragraph (4) of this Agreement.
25
16 F 24'~
Patricia L. Morgan
From:
Sent:
To:
Subject:
Patricia L Morgan
Tuesday, April 17, 2007919 AM
ChaseChrisline
Item #16F2 4/10/07
Cfiristine,
We fiaa receivea tfiis ;l.wara Letter w/moaification to tfie origina{ agreement. ;l.ttacfiea to tfie agreement, a
note saiatfiat it cfian't neeasignatures 6ecause it fiaa a{reacfy 6een appro-vea(/tem #16'F6from 10/10/06).
:My question is tfiis.. ... .. . .. if tfiis is an amenament/moaification to tfie origina{ agreement, aon't you fiave to
attacfi a copy of tfie origina{ signea agreement? Our recoras sfiow, ana tfie agenaa (60tfi in Oct r:Z in ;l.pri{),
tfiat tfie aocument tfiat was origina{(y signea fiaa 'Tom Parmer's signature ana we never receivea a signea
signature page from !])C;l. for our recordS. !])ia you a{{ receive 6acfta signea agreement for your recoras from
tfie four originars tfiat were processea ana sent to Craig 'Fugate for signature? We neea to fiave a signea copy
of tfiat as werr, for tfie cBCC's recoras of tfiat particut"ar item.
Pkase aavise as soon as possi6k so tfiat we can continue processing tfiis item.
'Ilianfiyou for your assistance,
'Trisfi :Morgan, :Manager
cBoara :Minutes r:Z CR.fcoras !])ept.
16F2
Patricia L. Morgan
From:
To:
Sent:
Subject:
System Administrator
ChaseChristine
Tuesday, April 17, 20079:20 AM
Delivered Item #16F2 4{10{07
Your message
To:
Subject:
Sent:
ChaseChristine
Item #16F2 4{10{07
4{17{2007 9:19 AM
was delivered to the following recipient(s):
ChaseChristine on 4{17{2007 9:20 AM
0-l.i\(\Q\ o.~n~.Ql'CIQ.m
~\Q~~ 5\ g l\Q.C!
DrOV8m up -to ~1~.L 0<\ 4{(17 (Ot-r .
.. A. ' . "
on,gI l\Q\ w( Vy\och{\e.dl{)r) 't Q\.lJQ,d k'i"kr.
16F3
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MAY 6,2008.
I'\6"M 1<''-\
f\?/UL \0 I~' A''EJo.)\:>A
URf~/!1
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this 10th day of April, 2007 by and between the Collier
County Community Redevelopment Agency (hereinafter referred to as "CRA") and Jeffery &
Darlene Lowe (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $6.797.98
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of $6.797.98 dollars on April 10, 2007 ("CRA
Approval"), which is 50% of the costs to construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as 1701 Bav Street.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated March 9. 2007 attached hereto as Exhibit A and
incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(I) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
FY2007 SIG Agreement
16Gl
''''''1'''''' , Al
VI;; wn w'11
5. CRA has approved a grant to Owner in the amount of to be administered
pursuant to the terms of this Agreement based on an estimated cost of. If the actual costs are
less than the estimated costs to construct the Site Improvements and less than $8,000, the grant
amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of
matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year ofCRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
II. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FY2007 SIC; Agreement
2
Oq.'fj,tVAL
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and yi
first written above.
OWNER:
(I)
'Wi
; );;;" ('d)
. '7 1/ . .--/_
BY:"'J(:!,,-~ ,rp..{.t~ f
Na. ~~ 1 s,. cJ{.\ f'€.
~ -': r ( t ~ Y r-t It' ~:
Printed/Typed Name.
(;,1TtiY -)'yY,li-h
(2)~A'
~J;~~1N ~. CD'(
l'-- _ /11,-(~
"~-~'''/ '
:";SIV~'\'
,'/_)C/ I /"'" <- J OL<.J -'--
f.; '" Id lf7"'V~A';"';;""';
~.~ .~ C.t.
:test uto. erk
s1onatUt'e pnl-
By:
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
&~ d~~
DONNA FIALA, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
'71t.ll~.i' fln 'd'~ -fJr.LA~ ,.._
Marjorie udent-S6rling r- - - --a
Assistant County Attorney
Item# \fo~1..
Agenda d~1 "-{) 1
Dala ~
D5te ~l~"l
Rcc'd
FY2007 SIG Agreernmt
o
.,
A pll \ 10, {.OO"'" A(,flJ"bA--
1. ItM 11061
lO'G 1
THE BA YSHORE/GA TEWA Y TRIANGLE REDEVELOPMENT AREA
SITE IMPROVEMENT
GRANT APPLICATION
Yesterdav.~:;' "
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Tomorr~"$ "~4 ·
SITE IMPROVEMENT GRANT APPLICATION
08 I 2007
Jeffery and Darlene Lowe
1701 Bay Street
Naples, Fl., 34112
/
Details
-~~:]~
Prc.i;-erQf Record
I
S;j,{etches
I
..~ei"ja~
g
Current Ownership
Property Address 17Wi :3/1 Y :::;T
Folio No. 61330840000
Owner Name LOWE, JEFFREY S=& DARLENE L
Addresses 170'! SAY ST
City NiWLES State FL
Legal N/\FLES 8A.V\!iEW ADD !\O -j LOT 34
OF?: '1985 !::.G :.\;;8
Section
23
Township
Rane
Acres
:3(,
2.5
0.17
Sub No.
~ U$(tCQde
~~~)'U;' :C
i'~,L\P .ES B/\'{V!/:\/V \j['..JiT 1 f-\iJLHT10t.)
,~.ifN"";;,J: ;-/.fJ!H "[ RESiDFf\I1"f/,L.
2006 Final Tax Roll
(Subject to Change)
If aU V-'l!ue:, she'Nfl bei:lw;;.:qUdi 0 tins
parcel was created aft,er the (-'inal Tax f(oi!
Land Value
+) 1m roved Value
(--) Market Value
H SOH Exempt liaiuf:
'$ 152,:~09.00
S 157,580.00
:5 3:09,889.00
S'190,664.00
( J Asses~;ed 'l,duc
S 1'19,225.00
H Humestead and GUier Exempt VaiuEO'
$ ~1.lllJt.OO
$ 94,225.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
rMJillf1!l
The Information is Updated Weekly.
Map No.
51\=3
J~ MlIIalw ~rea
c'
16 r:,
Page'i JI
gJ
Zip 3("112-6460
Stra No.
:;01400 345A23
Latest Sales History
Book Page
1995 - 328
Amount
S 42,000.00
l/
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1/14/7007
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POINT EV ALVA TION FORM
A point system will be used by CRA staff to evaluate projects, using the following table
(application must clearly indicate what project provides to get the points associated with that
item):
POINTS FORM
Project Provides Points Points
Available Awarded
Removal of false facade, awnings, canopies, porches, signs or old en y I
New porch, awning, and/or canopy I
Construction of new public entrance I
New signs, on building or monument 1
New paint only I I
Paint complements the "Old Florida" style I I
Desilm consistent with the "Old Florida" stvIe I
Replacement or repaired windows or doors I
Swales and stormwater improvements 2
ReDOinting of mortar ioints for brick or stone fronts I
Woodwork repair, replacement or new installation I
New Roofing, rain gutters, or soffit I
Stucco or siding work 1
Parking improvements (Commercial) 2
Driveway replacement or improvement (Residential) 1 I
Landscaping improvements and irrigation system 2 2-
Hurricane Protection (storm shutters, windows, doors) 2
Fencing 1
Subtotal .")
Other Criteria
Applicant has funding and is prepared to begin pennitting process and hiring 5
of qualified contractors immediately following CRA approval and complete c:;
all work within one vear of approval bv CRA
Improvements will allow applicant to remedy existing code enforcement 5
problems
I'Ttime Site Improvement Grant applicant (repeat applicants qualify for points 5 -"'5
if lITant not awarded previously or 2nd commercial site)
CRA contribution of25% or less of the total project cost 10
CRA contribution of26% - 50% of the total proiect cost 5 .5
Subtotal /3
TOTAL r\JO
NOTE] : Any alterations in the project must be pre-approved by the CRA to avoid revocation of funding. In the
event that the total funding request from aU applicants exceeds the amount available for this grant cycle, funds will
be awarded at the final discretion of the CRA based on the merits provided to the redevelopment area.
,~
NOTE 2: Grant is for renovation/improvement of existing structures. Grant may be awarded for improvements made \ h,.'
to "existing" structures as part ofa new construction project (example: hurricane quality window replacements on\ IJ' \
existing structure as part of residential room addition or commercial office expansion). 0.. _. \) i ,.J
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SITE IMPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
Owner Name: lfe-P-I' <if' {),u.-L4!_ LiJUJ~
Owner Address: J 7lJ f .i? 4t Sf-
Site Address (if different from owner address):
<11~ ~- {p/1 ]D 2foevo
//~:*S~ {lr,~~ff-~ /JU /yv. / L-Df 3;/
Legal Description of Site: d#AA.-JJ /f1~ - to 1 ~ "36 IN 00 0 , /
ie?Y~. 7~ ~ Jj,J.d IJO. I Lol-31.f
Dr /c1QS- Po- . ~ '6 g
Daytime Phone: 1q y2 89 - Cj tflJCo ~ 2fi - qcJ'3 ~ /Jt!f/~U<-
Alternate Phone: ? s- - ') 7 () 7
E-Mail Address:jowl.-/Cldjli.r/.tfi2-AifJ- /?)dr!. Con",
How long have you owned this property? I Q {&fV1 -
How long is lease term ifleased? (attach copy oflease)
Tenant Name (Commercial Only):
Tenant Daytime Phone:
Tenant Alternate Phone:
Number of Years in Business at Site Address:
Occupational License Number:
Other Tenant Names, if any:
First Time Site Improvement Grant Applicant?
Yes ~
NoD
If no, how many applications submitted? Grant(s) awarded? Yes D
NoD
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Section 2: Project Information
Existing Condition of Project (attach additional sheets if necessary):
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ATTACH "BEFORE" PHOTOS AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS lIMY BE
ADDED TO ACCURATELY DESCRIBE THE SITE).
Outline Proposed Improvements in Detail (attach additional sheets if necessary):
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List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks,
wood panels, roof type, etc.) (attach additional sheets if necessary):
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ATTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED.
ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH
IMPROVEMENT.
7
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Section 3: Project Cost Information
Estimated Project Cost:
ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HA VE AT LEAST TWO (2)
WRITTEN ESTIMATES OR QUOTH." A TTACHED TO THE APPLICATION.
Estimated Requested from eRA $ .fg, i 797, ,~8'
Residential owner-occupied (up to 5 % of the total project cost, up to, but not
exceeding $8,000.)
Residential rental (up to 33% oftotal project cost, up to but not exceeding $8,000.)
Commercial (up to 25% of total project cost, up to but not exceeding $8,000.)
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL REQUIRED UPON PROJECT
COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN
PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/OR CANCELLED
CHECKS HA VE BEEN RECEIVED AND VERIFIED.
FOR CRA USE ONLY
T.............. Proj<d C..., c/I ~J595.
Request from CRA: ell tJ ZQZ 9%
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Percentage of Total: I. '5 0 %
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PROJECT INITIATION AND COMPLETION FORM
(to be submitted with Site Improvement Grant Application)
" ,f"': /'
I, .:" . (/-,~t..!c.._ /,. u-" owner/tenant of the property located at
17 t I () _vyS r . /I/,<-.I)~ ,j.-S , have the funding and capability necessary to begin the
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site improvements listed under Section 2 of the completed site improvement grant application
and have the ability to complete all improvements within one year of the approval of the site
improvement grant by the Collier County Community Redevelopment Agency.
SJ:2~~fc2';;~~;;kt (€OIIln:;~~i~ only)
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(if jointly owned or leased)
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Signature of Ownerffenant (Commercial only)
(if jointly owned or leased)
Date
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CH)~HLOHE: (941) 637-1333
'c<Ti\lBfli\DENTON; (\141) S:iii-l13ZT
FT. MYERS: (239) 479-6200
NAPLES; (239) 775-9339
r;t,x: ((Hi) 63726:n
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Ciy, SCate and Zip Code
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AppoIntment Tme
FOOTAG. DESCRIPTION PRICE/Fr. """"'"
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TOTAL .,,,.c : .....".",,....
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o Bahia Sod
o Floratam Sod
o Pursley Seville
o Remove Existing
o Hand Grade, Level
DRoll
o Fertilizer
o Add Fill
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Payment Is due when the job Is complete. Amounts not paid upon completion will be subject to a service
charge 012% per month. Applicant agrees to pay all reasonablecoUection costs, attorney's fees, and court
costs which are incurred in connection with recovering payment of amounts due. In the case of a
corporation, the signing of this application also Indicates your personal guarantee of all monies charged
against this account.
Contractor Maloney's Sod, Inc. hereby disclaims and owner waives any and all warranties, express or
implied, including implied warranties of fitness for a particular purpose and implied warranties of
merchantability. Owner receives contracto(s product in -ass" condition and once installed the owner is
futly responsible for the care and maintenance of the product and agrees to indemnify and hold the
contractor hamless from any and all dafms.
MaJoney's Sod, fnc. will not be held llable for any claim lor damage incurred to sprinkler system
components, Inground wiring, lnground plumbing or any other utilities.
Authorized
Signature
Payment to be made as Follows:
Total Cost of Labor & Material
1 0% Non~Relundable Deposif
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Balance Due When Job is Co'rtipieted ,'~ ;
$15.00 Service Fee if Payment not received at
completion
Deposit Check No.
Nole: This proposal may be withdrawn by us if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL ~ The above pr1ces specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.
Date of Acceptance:
Signature
JobSuperintendent
Contractor Certification Details
1:.~07
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IClass Code: 4235 IIDescription: LANDSCAPING RESTRICTED CONTR. I
I~~~ IIStatus I Expire IDoing Business As: I Qualifier
Date Nbr
122642 IIACTIVE 1l09/30/20071IMALONEY SOD, INC. 1122409 I
IName: I Phone: (239) IIState Nbr: IIIsSUed: 07/26/200l1IExpireS: I
637-1333
Mail Address ICounty Comp Dud, I
29190 PALM SHORE BLVD. FAX: (239)637-1333
PUNTA GaRDA FL 33982-
Please use the BACK button to return to your listing.
htto:/ /apps.colliergov.net/commdev/concert/DispDetails.cf'm?CertNbr=22642
3/15/2007
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J & NC SERVICES, INC
2820 22 Ave SE
Naples, FL 34117
\ PROPOSAL NO
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PROPOS.l\,
Pavers, Inc.
Interlocking Paver Installations
Bonita Springs Fax
(239) 992-1221 (239) 992-7443
10941 K-Nine Drive - Bonita Springs, FL 34135
Commercial- Residential Driveways - Pool Decks - Patios
Fully Licensed & Insured
I SOLD TO: OWNER/BUlLDER
JOB PHONE
NAME .,Dl'\ltLE:NE.
JOB NAME
BILLING ADDRESS
nO ~ s,. 8~ SI-fOI2.E
CITY l\.!APLE:3
PHONE
2~9-77LI- ~t 50
JOB ADDRESS
CITY
ZIP CODE
FAX
19-
INS/l'\LL 'P"IVE~ UN~NEA1\; STILI 1-10"1E, OVER EXIS"tN9 Cl::INC~"
SUlafPtCE WILL 8E FW'2,1-\ fgo"1 CO~ ,0 DI<:\VEwA.," A ~1'1.<\LL R>oTEr<
oF CONCQET{;: WIL.L &:. [1\lC.WDE.!) ,0 PeovlOE f\DD~ S,R.ENCjfl; fe.o~
DRIVE::WI\, 10 gOA.,l ~e.k.l"-19'
'PAV!::t<.S u-tlLL ~E CO, ANI) 'SliAPE!:), I\l2.DuND STILlS AND UNDER..
'S,TA\R~ "
Pavers, Inc.
PROPOSES TO PERFORM THE FOLLOWING:
lAe,o~R.. + '1A;T~R.1 PrLS '" 1P I b 4 5" co
NEW TC1"TPIL fOR 10 R.\VEw~ 'ij I L ~ 45. 00
PAVERS SUPPLIED BY:
All borders to be secured by concrete edging where required.
Any demolition work to be quoted separately.
OWNER:q, "'N 8AT~ 994-~734 ACCEPTED BY:
DATE:
For the finest installation of Interlocking Pavers
Contractor Certification Details
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IClass Code: 4250 IIDescription: MASONRY CONTR. 1
I~~~ /IStatus I Expire /DOing Business As: I Qualifier
Date
Nbr
125035 IIACTIVE II09/30/2007lIpAVERS, INC. 1/24617 I
IName: I Phone: (239) IState Nbr: I/IsSUed: 07/28/20031IExpires: I
992-1221
Mail Address ~_Comp """,, I
27133 EDENBRIGDE cr. FAJ{: (239)992-7443
BONITA SPRINGS FL 34135-
Please use the BACK button to return to your listing.
http://apps.colliergov.netlcomrndev/concertlDispDetails.cfm?CertNbr=25 035
3/1512007
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777 93rd Avenue North. Naples, Florida 34108 . Phone 239-682-7785 . Fax 239-596-550 I
PROPOSAL SUBMITfED TO: DATE: 01/12/07
PHONE I (239)774-8450
NAME: Darlene Lowe JOB NAME: Lowe Residence
STREET: 1701 Bay St STREET: 1701 Bay St
Naples, FL 34112 Naples, FL 34112
We hereby submit specifications and estimates for: Driveway V
1. Tear out asphalt apron and clean stone from existing driveway. vr;?j~ ..?; .
2. Supply and install 4. limestone as needed. ~'.:f . ~1Y
3. Supply and install 1. sand bed. td ~ oJ; iY.'
4. Supply and inslal12 318. concrete pavers, standard color and style. 1Y'- n .1:( tY~r
5, Cut in border and install concrete edge restraint. J flY. ( - ;'--. Vy
6. S,"',.,,, ~"'" ,"M """'.., ~ ~~ 1'2,
ONnedContraclor acI<nooIedges and ag_1I1at 1he agreed upon price is cootingool upon CuslDm Briel< Systems rommencing _ within!;Q days of OwnerlCon_ signing this
proposal. In 1he event Custom Brick Systems does oot commenc:e _ within _lime for any""""" o1herthan delays caused by Custom Brick Sys1ems, Custom Briel< Sys1ems may
increase 1he _ price In acx:oolanoo with any price increases incuned by Custom Brick Systems lor labor. maleriaIs. and SUJlIliies.
Unless __, of sub grade is spec:IlicaIIy __ above, .. work is m be dooe overowner's _ sub grade which shall be weD oompadlld and propet1y QIllded" within
- (112) inch of _sub g_ elevation. My machine ""'" required" bring owner's sub grade 10 acceptable klIeIances may be done by Custom Briel< Systems for an
additional chaJge which wiG be at IIat hourly IlIte for machine with """""". Any fill or s1abiIizer required lo raise elevation of sub g_ may be supplied by Custom Briel< sys1ems for a
reasonable cha'lJ8. Ownetloon_ is ~ lor aH eng-.g, penni\ting,1rafIic oonlroI, marking aU undel1lround .- and for pIOVidWlg water, _ and dumpslerlo 1he job
site.
Upon acceptance of this _ and In 1he event II1at k shaH become necessary lor Custom Brick Systems to retain 1he services of an atIomey for1he PUI]lOSeS of coIleding all Of any
part of monies owed orlo compel perRlnnana! m Custom Brick Systems or any of lis suppilefs, 1he _ling party shaH be responsible tor 1he payment of reasonable allomey's_
and costwilOOut reganllo _or oot itigalion shall have been lXJlMIOflCed.
The parties agmell1at lhey shaI_ any dispules prior 10 _ party ~ itigalion. The COSIs of1he mediatioo shaI be equally 5IJIil between 1he parties.
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of:
(Twelve thousand nine hundred eiehtv fIVe and 00/100) dollars ($12.98S.00)with payment to be made as
follows: ( ) Net 30 Days or (X) 50"A. due upon start of work; balance due upon completion of job.
All material is guaranteed to be as specified. All work to be completed in a wor!<manlike manner acrording to s ard practices, My alteration or
deviation from above specifications involving extra costs, will be executed only upon written OIders. and will m an extra charge over and above
the estimate. All agreements are contingent upon strikes, accidents or delays beyond our 'posal ubject to acceptance within 30
days and is void thereafter althe option of the undersigned.
ACCEPTANCE OF
The above prices, specffications and conditions are hereby accepted, You are authorized to do the wor!< as specified. Payment will be made as
outlined above. Signature will guarantee all payments in full.
Accepted: Signature:
Date: Signature:
Overdue Accounts Subject to 1 y,% per Month Service Charge. (18% Mnuallnterest Rate)
Purchaser agrees to pay all costs of collection, including reasonable attomey's fees, should collection service be required.
. Pool Decks . Driveways . Walkways . Retaining Walls . Repairs . One-Inch Thin Paver Remodels
.
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· Guaranteed for J5 years on fences & siding,
5 years on decks ~M _
· JOOOfoAcryliclatex 'If 2 t?g llga.eA'I'Jf fOR
· Water repellent " _., .. ,
: ~:::.':/j:::~:-i.n ~ ~;~?A/ De-ole orc<<.
· Protects the surface while enhancing the wood 5 eJdure
. Durable finish withstands foot traffic and resists scuHing,
cracking, peeling and blistering
· Excellent adhesion to new, weathered, previously stained or
painted surfaces
· Ideal for wood & composite decks, wood & fiber cement siding,
fences and patio furniture
· Available in over 1600 custom colors and formulated for
computer color matching
P6oIo aIIove: SIDING -I/f-S/9 GETrYSBII/IG DECK - IIN5/ CAlJ1O//NIA IWSTIC IARJNGS & TIIIM _ NO. 2/0 IIL7RA PU"E WHITE
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 10, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) Port of the Islands Community Improvement District: Minutes of
February 9, 2007; Agenda for February 9, 2007; Resolution 2007-1.
(2) Quarry Community Development District: Minutes of November 15,
2006; Agenda for November 15, 2006.
B. Minutes:
(1) Golden Gate Community Center Advisory Committee: Agenda for
February 5, 2007; Minutes of January 2, 2007; Meeting Schedule for
2007.
(2) Golden Gate M.S.T.U. Advisory Committee: Agenda for February 13,
2007; Minutes of January 9,2007.
(3) Forest Lakes Roadway and Drainaqe M.S.T.U. Advisory Committee:
Agenda for February 14, 2007; Minutes of January 10,2007.
(4) Isles of Capri Fire/Rescue Advisory Board: Agenda for February 1,
2007; Minutes of February 1,2007.
(5) Bayshore/Gateway Trianqle Local Redevelopment Advisory Board:
Agenda for January 3, 2007; Minutes of January 3, 2007.
(6) Pelican Bay Services Division Board: Agenda for February 14, 2007
Workshop; Agenda for February 7,2007 Regular Session; Minutes of
January 3, 2007 Regular Session; Minutes of January 4, 2007
Workshop.
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\041007 _ misc _ carr. doc
16/1
(a) Clam Bay Permit Issues Work Group: Minutes of January
11, 2007 Workshop.
(b) Budqet Committee: Agenda for February 21, 2007; Minutes
of November 16, 2006.
(7) Contractor's Licensinq Board: Agenda for February 21, 2007.
(8) Hispanic Affairs Advisory Board: Agenda for November 30, 2006;
Minutes of November 30, 2006.
C. Other:
(1) Productivity Committee: Agenda for November 15, 2006; Minutes of
November 15, 2006; Agenda for December 20, 2006; Minutes of
December 20,2006; Agenda for January 17, 2007; Minutes of
January 17, 2007; Agenda for February 1,2007; Minutes of February
1, 2007; Agenda for February 21,2007; Minutes of February 21,
2007.
(a) Value Enqineerinq Subcommittee: Minutes of December 15,
2006; Minutes of January 30, 2007.
H :\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\041 007_ misc _ corr.doc
16 11 A
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
March 26, 2007
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number
Port of the Islands Community Imorovement District
Port of the Islands Community Improvement District has submitted the following items:
a. Minutes of meeting held February 9, 2007.
Thank you
\special\special
r.:"s;::...,~rrE'S
Date
Item #
CopieS to.
Port of the Islands
Community Improvement District
16/1
A
Severn Trent Services, Management Services Division
210 North University Drive, Suite 800 - Coral Springs - Florida 33071
(954) 753-5841 - (954) 796-0623 fax
March 16, 2007
Memorandum To:
Mr. Robert Dick
Severn Trent Services, Inc.
5726 Corporation Circle
Fort Myers, Florida 33905
Reference:
Minutes of Meeting Held February 9, 2007 and Approved
March 9, 2007
From:
Calvin Teague
District Manager
Enclosed for your records are the minutes of the above-referenced meeting of the Port of the
Islands Community Improvement District's Board of Supervisors. Please make this document
available to the public during normal business hours.
If you have any questions, please call Janice Swade at (954) 753-5841.
Cc: For information purposes only:
Clerk of the Circuit Court
clo Mr. Derrick Johnssen
2671 Airport Road, Court Plaza III
P.O. Box 413016
Naples, Florida 34112-3016
RECEIVt,
MAR 23 2007!
rF~N^t-iGE i'iEr'
Mr. Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
Jms
1611 A
Port of thc Islands
Community Improvcment District
Agenda
Friday
February 9,2007
10:00 a.m.
Egret Room
25000 Tamiami Trail
Naples, Florida
I. RollCall
2. Approval of the Minutes of the January 12, 2007 Regular Meeting and January 22, 2007
Special Meeting
3. Manager's Report
A. Consideration of Audit fee Agreement Engagement Letter from Dufresne &
Associates to Perfonll the Audit for the fiscal Year Ending September 30, 2006
B. Acceptance offinancial Audit for Fiscal Year 2005
C. Discussion of Watcr Conservation Brochure
D. Discussion of Fire Station Land Financing
E. Field Manager's Report
4. Attorney's Report
5. Engineer's Report
6. Discussion of Open Items
7. Presentation by New RV Park Owner
8. Discussion of Signage Issues and District Property Right-of-Ways
9. Supervisors' Requests
10. Audience Comments
I I. Discussion of District financial Issues
12. Approval of December 31,2006 Financial Statements and Check Register
13. Adjournment
.1611 A
MINUTES OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands Community
Improvement District was held on Friday, February 9, 2007 at 10:00 a.m. in the Egret Room,
25000 Tamiami Trail, Naples, Florida.
Present and constituting a quorum were:
Ted Bissell
Dale Lambert
Norine Dillon
Richard Gatti
Richard Ziko
Chairman
Vice Chairman
Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Cal Teague
Alan Baldwin
Dan Cox
Ron Benson
Robert Edge
Paula Davis
Karen Ellis
Helena Randel
Tom Mack
James Shucart
John Agnelli
Sue Beck
Jim Dyer
Raul Ferella
Fred Fisher
Larry Kane
Maggie Marzelo
Jim Meistor
Mike Motwani
Fred Osswald
District Manager
Severn Trent Services
Attorney
Engineer
Field Operator
Severn Trent Services (via Telephone)
Severn Trent Services (via Telephone)
Severn Trent Services (via Telephone)
Staff
POI Hotel & Marina
Power Corporation
Resident
Resident
Resident
Resident
Resident
Resident
Resident
Resident
Resident
FIRST ORDER OF BUSINESS Roll Call
Mr. Bissell called the meeting to order and Mr. Teague called the roll.
February 9, 2007
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Port of the Islands c.t.Dl
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SECOND ORDER OF BUSINESS Approval of the Minutes of the January
12, 2007 Regular Meeting and January
22, 2007 Special Meeting
Mr. Bissell stated each Board member received a copy of the January 12, 2007 Regular
Meeting and requested any additions, corrections or deletions.
Mr. Lambert stated on Page 33 just before the ninth order of business, Mr. Dennis
Gassaway stated should replace Mr. McKay stated.
Ms. Dillon stated on Page lOin the fourteenth paragraph, and Windward Cay should be
added at the end of the sentence. On Page 14 in the last paragraph day should be added after 90.
On Page 17 in the fourth paragraph more should be deleted, jiJr should be added after stated and
the should replace than. On Page 18 in the eighth paragraph they need should replace this is. On
Page 19 in the thirteenth paragraph, in error should be added at the end of the second sentence.
On Page 25 under the eleventh paragraph, automatic should replace automotive.
Mr. Lambert stated in the same sentence blow should replace go.
. ... ...... . "::]
On MOTION by Mr. Lambert seconded by Mr. Ziko with all in
favor the minutes of the. Jam.l.ary 12, 20.. 06. Regular M. ectin. g were
approved as amended. . .. ...... . . ..
Mr. Bissell stated each Board member received a copy of the minutes of the January 22,
2007 Special Meeting and requested any additions, corrections or deletions.
There not being any,
On MOTION by Mr. Lambert seconded by Ms. Dillon with all in
favor the minutes of the January 22, 2007 Special Meeting were
approved.
THIRD ORDER OF BUSINESS Manager's Report
A, Consideration of Audit Fee Agreement Engagement Letter from Dufresne &
Associates to Perform the Audit for the Fiscal Year Ending September 30,
2006
Mr. Teague stated this is a revised letter of renewal for the Board of Supervisors from
your Auditor, Dufresne & Associates, I ran the numbers and did not agree with them, which is
why I met with Ms, Linda Dufresne last night and she agreed with the recalculation, for which
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February 9, 2007
Port of the laQs L1.
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you will see a reduction of $1, I 00, This is a revised engagement letter to amend the existing
contract, and I agree with the numbers represented here,
Mr. Bissell asked are there going to be two or three funds?
Mr. Teague responded there will be three funds, which has always been the case. Ms.
Dufresne's quote was based on an assumption,
Ms, Dillon stated we budgeted $14,000 for this audit and now we are looking at
approximately $20,000,
Mr. Teague stated I am not certain why this was done since I did not prepare the budget.
Mr. Bissell stated I believe they thought there were going to be two funds as opposed to
three,
Mr. Teague stated you have your enterprise fund, general fund and debt service fund, Do
you have any comments?
Mr. Baldwin responded I do not.
Ms, Dillon asked do you know when the audit will be complete since it has been late
every year prior to this?
Mr. Baldwin responded my goal is to have all audits complete by April 30th Although
Dufresne & Associates have given low responses, we are trying to speed them up to ensure they
meet our deadline, I am asking for this April 30th deadline in order to ensure the audit is
complete for commencement of the budget process, The actual figures for the carry forward
balances from the previous year are correct.
Mr. Lambert stated we just received the 2005 audit.
Mr. Baldwin stated that is correct. I heard there was an issue with the different
management companies regarding the Enterprise Fund as well as the Water & Sewer Fund
during this timeframe.
Mr. Bissell stated although our previous auditor was supposed to have it ready in March,
it was finished several months later.
Mr. Ziko stated they have not yet started the current audit.
Mr. Baldwin stated it is supposed to come in on Monday.
Mr. Ziko stated they should have started after our fiscal year ended, and it has been four
months now,
3
February 9, 2007
1611
Port of the Islands C.I.D,
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Mr. Baldwin stated they are still finishing the prior year audit, and they cannot start a new
audit until the first one is completed.
Mr. Ziko stated the first one is already 18 months old,
Mr. Baldwin asked are you referring to the 2005 audit?
Mr. Ziko responded yes,
Mr. Baldwin stated I thought it was just recently completed,
Mr. Ziko asked why did it take 18 months to complete?
Mr. Baldwin responded I am not certain,
Ms. Dillon stated although we must have this report prepared, it is practically useless by
the time the data comes in.
Mr. Ziko asked is it a state requirement to send this audit to them?
Mr. Teague responded that is correct, and it becomes your annual financial report which
Mr. Bissell will sign today.
Mr. Lambert asked can we indicate in this letter we want to have this finished by April
30th?
Mr. Baldwin responded I do not believe so if you already signed the engagement letter
and it is not stated there,
Ms. Dillon stated we have not signed it.
Mr. Teague stated you signed a three-year agreement with them last year. This is an
amendment for the CPI adjustment which was included in the agreement.
Mr. Lambert stated we can include a deadline in the next agreement we sign with them,
Mr. Baldwin stated it is going to become one of our policies to state a specific due date in
the engagement letter.
Ms. Dillon stated perhaps we can stipulate if they do not have it ready by a certain time
we can reduce their fee.
Mr. Cox stated when you have a penalty clause, you must also have a bonus clause, For
example, if you stipulated a charge of $100 from their fee for each day they are late after April
30'\ they must be paid an additional $100 if they get it in before April 30th.
Mr. Lambert stated this update is just an extension of our contract.
4
February 9, 2007
Port of the IS!P clJ
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On MOTION by Mr. Gatti seconded by Mr. Lambert with all in
favor the Audit Fee Agreement Engagement Letter from Dufresne
& Associates indicating an increase of $511.50 as a result of the
CPI Index increase of 3.1% increasing the total audit fee to
$19,011,50 for the years ending September 30, 2005, 2006 and
2007 was approved,
Mr. Cox stated since the contract expires at the end of this fiscal year, and this is the last
fiscal year's audit which must be done under the contract, there is a new procedure in place for
next year which requires you to select an audit committee and determine the standards for which
you are going to base your decision on hiring an auditor. As a matter of fact, you may include
timely performance as a standard.
Mr. Lambert asked do we need an audit committee in order to go out for proposal?
Mr. Cox responded you need an audit committee to set the standards for development of
the proposals, solicit the audits and rank them for final consideration.
Mr. Lambert asked can the committee consist of two or three community members?
Mr. Cox responded that is correct.
Mr. Lambert asked can there be more than one Board member on the committee?
Mr. Cox responded since this committee is subject to the Sunshine Act, you must meet in
noticed public hearings, but more than one Board member may serve on the committee as well.
Ms. Dillon stated Severn Trent received bids from several audit companies the last time
we did this.
Mr. Cox stated this policy changed approximately one year ago,
Mr. Bissell asked does anyone wish to serve on this committee with Mr. Lambert?
Mr. Cox responded it is not necessary to do anything now, but we will have to go through
this process at the end of the year.
Mr. Bissell stated we should appoint the committee right now.
Ms, Dillon asked what can Severn Trent do to expedite this process for the District?
Mr. Teague responded we will send out RFPs for proposals which we will rank, and we
will do a spreadsheet basically identifying strengths and weaknesses with regards to our
experiences with them. We also reflect a price.
Mr. Lambert asked do all of your communities have to establish this audit committee?
Mr. Teague responded we are already doing this.
5
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February 9, 2007
Port of the Islands C.I.D.
Mr. Lambert asked do any other districts have their Board members serve on the Audit
Committee?
Mr. Cox responded all districts who have been through this so have Board members on
the committee.
Mr. Bissell asked do you want the Board to act as the Audit Committee?
Mr. Ziko responded this is a good idea.
Ms. Dillon responded 1 agree.
Mr. Lambert stated if there is a community member who is interested in being on the
committee 1 have no problem.
Mr. Bissell stated the Board will be considered the audit committee.
Mr. Teague stated I have this,
B. Acceptance of the Financial Audit for Fiscal Year 2005
Mr. Teague the audit came back clean. All of the auditor's comments from previous
years are identified at the back and have all been addressed.
Mr. Lambert stated we were in a bad financial condition during previous years.
Mr. Cox stated on Page 35 at the bottom it states you are no longer in a state of financial
emergency which we can report to the Governor's office,
Mr. Lambert stated I recall you saying last year something had to be done which 1 believe
is to report this to the Governor's ot1ice.
Mr. Cox stated we were waiting on an audit showing this situation cleared, and since we
have this audit in hand we can report it to the Governor's ot1ice as of this date.
Mr. Lambert asked do you have to send a separate document?
Mr. Cox responded 1 will send a short Jetter.
Mr. Lambert asked can you send this letter as soon as we approve this audit?
Mr. Cox responded I certainly can.
On MOTION by Mr. Gatti seconded by Ms. Dillon with all in
favor the Financial Audit from Dufresne & Associates for the
Fiscal Year Ended September 30, 2005 was accepted.
C. Discussion of Water Conservation Brochure
Mr. Teague stated I believe we actually have something we all agree on. I received one
verbal quote from Ot1iceMax which was extremely high. I asked for three other written quotes,
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February 9, 2007
Port of the jLQs Ll
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but I received two. The first one was from Minuteman Press of Cape Coral in the amount of
$540 and the second one was from Gulf Coast Printing in the amount of $494.60 for 1,000
copies. However, I recommend getting 2,500 copies in the amount of approximately $605, since
there is a cost break involved and it is within the budget.
Mr. Lambert asked what are we going to do with the remaining 1,500 copies since we are
probably only going to need approximately 1,000 for distribution?
Mr. Teague responded we can leave some with Mr. Edge at the plant in case you ever
need them, and we can leave some with your HOA or with the person who distributes new
resident packages. It makes sense to double your order for $100 extra.
Mr. Gatti moved to approve the proposal from Gulf Coast Printing
in the amount of $604.60 to print 2,500 Water Conservation
Brochures.
Mr. Lambert asked how many pages does this brochure consist of?
Mr. Teague responded it is going to be four pages which will be folded into a single
document.
Ms. Dillon asked have you seen a sample?
Mr. Teague responded 1 have not seen it, but it is going to be in color on glossy, high
resolution paper.
Mr. Lambert seconded the previous motion.
.. J
Mr. Ziko asked is this the total price?
Mr. Teague responded yes. Severn Trent will handle the marketing.
Mr. Ziko asked are we going to spend $600 less than we anticipated?
Mr. Teague responded you will still have to pay postage if you are mailing them.
On VOICE vote with all in favor the proposal from Gulf Coast
Printing to print 2,500 copies of the Water Conservation Brochure
in the amount of $604,60 was approved,
Mr. Lambert asked do we have to send this to any other entities?
7
February 9, 2007
1611
Port of the Islands C.LD,
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Mr. Benson responded I will send a couple of copies to SFWMD with a letter stating this
is part of our program for the permanent requirement.
Ms. Dillon asked what else will we have to do for SFWMD?
Mr. Benson responded we must have an active program for which these brochures are
considered the first step.
Ms. Dillon stated we hope when everyone receives them they do not throw them away,
Mr. Benson stated we hope to see a reduction in water usage for irrigation.
D. Discussion of Fire Station Land Financing
Mr. Teague stated we were requested to do a financial analysis of your available cash for
the purchase of the fire station. We updated your capital improvement program, the status report
and a cash flow analysis which is part of your budget. The single page shows a revenue analysis.
The first one which was attached to your packet is from the budgeted numbers, and the second
one which shows a lower amount is from the projected amount. The adopted budget reflected
retained earnings 01'$124,028, which is the reason the numbers are different. Since you actually
experienced a loss at the end of the fiscal year, we are really looking at a negative fund balance.
Ms. Dillon asked what is included in the retained earnings?
Mr. Teague responded retained earnings are excess revenues over expenses as well as
your fund balance all the way through, An Enterprise Fund also has Retained Earnings which
are the same as fund balance,
Ms, Dillon asked does this reflect the transfer of funds from the General Fund to the
Water & Sewer Fund?
Mr. Teague responded this was not done, Water funds stay in the Water & Sewer Fund
or the Enterprise Fund, Your General Fund remains in the same place until there is a physical
transfer for any purposes approved by the Board. The projected amount is more applicahle to the
fund balances in which you will see Sewer & Water Retained Earnings with a negative value.
As we go through this at the beginning of the year, we are looking at $1.3 million in the General
Fund and a negative balance in the Water & Sewer Fund at $36,000. The General Fund revenue
is at $422,000, which comes out of your budget, and the expenses are at $337,970. Mr. Goscicki
backed out capital reserves in the estimated amount of $375,000 which 1 agree with. If you look
at what you actually need for operation of general fund activities for this fiscal year, there is a
positive balance of $84,093. If you add this to $123,000,000 above your existing fund balance,
8
February 9, 2007
Port of the ~a~s Ll.
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you should have $1.4 million in the General Fund balance at the end of the fiscal year. You also
adopted a CIP in the amount of$7l5,000, When you back this amount out, your adjusted fund
balance becomes $695,902.
Ms, Dillon asked are we committed to $715,000?
Mr. Teague responded we have not awarded the contract.
Ms. Dillon asked is it part of our plan?
Mr. Teague responded that is correct.
Ms. Dillon asked does this include items for which we already signed a contract?
Mr. Teague responded according to your status report, there is approximately $480,000
which has been encumbered or contracted out. You already paid out $219,000 leaving an overall
available fund balance of $235,000. We included $9,000 in the CIP for the fire hydrant
relocation, However, I am not certain this is where you intended it to be.
Ms. Dillon asked where is this?
Mr. Teague responded it is under Project 1-3 under Paid.
Mr. Lambert stated 1 believe you are referring to the relocation which resulted from the
road paving.
Mr. Teague stated we did the same analysis on the right-hand side of this section of your
water and sewer. This year's revenue out of your budget is almost $1.3 million, Your expenses
minus $250,000 which was set aside for reserves is $546,000, giving you excess revenue over
expenses in the amount of $736,000. After you subtract the amount from the negative retained
earnings which you held, you will have retained earnings of $670,000 this year. Since you
included $1,031,700 in your C1P this year, you actually have negative retained earnings of
$332,000 in the Water & Sewer Fund as a result of the CIP program in your current budget. It
brought down the positive fund balance from the General Fund and the negative fund balance
from the Water & Sewer Fund, for a total of $364,000 in funds, However, 1 have a couple of
cautionary items to discuss, First of all, the engineer's costs are not reflected in your CIP. They
were set out separately, along with your CIP, in the amount of $262,000 for engineering costs.
Secondly, the cash flow projection in the General Fund is reducing every year as a result of your
capital improvement program, Therefore, if you are looking at building a fire station, you should
probably consider borrowing from an outside source.
Ms. Dillon stated we do not have enough money to do this.
9
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February 9, 2007
Port of the Islands C.I.D,
Mr. Teague stated I contacted your underwriters. According to the audit your current
bonds are at 9% which is high, but it is for a short term as they will be paid off in the Year 2010,
Although you may refund the bonds, it may not be worthwhile since it does not involve a long
enough maturation period before it becomes due. However, the possibility of extending and
rewriting it may provide an opportunity to generate additional funds, and reduce the last three
years to a lower rate,
Ms. Dillon asked do you have any idea what the rate may be?
Mr. Teague responded 1 believe it is 6V.%.
Mr. Lambert asked do we have the ability to go to get a new loan?
Mr. Teague responded yes.
Mr. Cox stated since the closing probably will not occur until August or September of
next year, you may borrow some money from the bank, set up your repayment schedule and have
an additional assessment. You have plenty of time to hold the required public hearings to set this
in place, pledge the revenue in the same way as the bond and do a short-term financing of three
or five years. These costs will be related to the bond issue.
Mr. Lambert stated we also have a diflicult time getting projects completed in the year
we are planning to do them for any number of reasons. When the time comes to pay for this, we
may be able to write the check and not have to worry about going out for a loan as a result of
projects we have not started or paid for.
Mr. Cox stated this may be true, but the process for doing an assessment for a project not
included in your capital program which is established by a bond issue must be done in a public
hearing, This involves identifying everyone by registered mail a certain amount of days in
advance, and the purpose of this public hearing is to specifically determine whether or not to
purchase this property and finance it through a special assessment. Although this is legitimate
use of your special assessment power, we must go through this process, We may use short-term
financing for this dollar amount in order to avoid a validation and court process.
Mr. Ziko asked what dollar amount are you referring to?
Mr. Gatti asked approximately how much do we need for the land and building?
Mr. Bissell responded we do not need anything for the building.
10
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February 9, 2007
Port of the Islands C.l.D.
Mr. Cox stated the way the contract is currently written, the maXImum amount IS
$496,000 for the land. However, there are also some transaGtioIlal costs involved such as title
insurance as well as the survey update.
Mr. Gatti stated we may want to do something in terms of the community building.
Ms. Dillon stated 1 suggest we call this extra room for lack of a better term, an All
Purpose Room since we can use it as well as the fire station personnel. Therefore, it is not
designated as a community training room.
Mr. Gatti stated the point 1 am trying to make is we do not really know our total costs for
this project.
Mr. Ziko stated we have a ballpark figure from Mr. Cox for which we are going to base
this loan amount.
Mr. Lambert stated we will probably carry the full purchase price of the land for a short
period of time and then we will be reimbursed by the county.
Mr. Cox stated if the county decides not to purchase it, the District expressed an interest
in leasing it. You may lease it in an amount to cover your costs over the same period which may
be used as revenue,
Mr. Lambert asked do we need to look at the possibility of borrowing $500,000 from
another source?
Mr. Cox responded I suggest getting this in place in the event other methods do not come
through. The first step is to contact a couple of local banks and determine what they want to do.
The institution holding your depository accounts will probably be willing to work with us since
they have seen the improvement in your financial future over the last couple of years.
Mr. Ziko asked are we responsible as a CID for the impact tax which the state charges on
these loans?
Mr. Cox responded it is $.35 per $100 which amounts to $1,755.
Mr. Ziko asked can we get exempt by the state for this charge?
Mr. Cox responded I do not believe so, but 1 will check.
Mr. Ziko stated the tax bills from the North Hotel are putting us in debt by $330,000, We
are looking for $500,000 for the fire station and the North Hotel is putting us in the same
situation as Ms. Marchand did to us before, They are $330,000 short on their tax collections,
Can we commence foreclosure proceedings?
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February 9, 2007
Port of the Islands C.I.D,
Mr. Cox responded no.
Mr. Bissell asked can we take it off the county in order to do our own collection and shut
off their water?
Mr. Cox responded you cannot shut off their water unless they do not pay the water bill,
If you take it off roll for the next year's assessment which is 2007, it becomes due March 31" at
which time it will begin to accrue a 1 % penalty. It will be one year on March 31, 2008 before
you may begin foreclosure proceedings, Therefore, you are looking at March 31,2009,
Mr. Ziko stated in the meantime, $160,000 gets added on which we cannot collect.
Mr. Lambert asked what is our risk in removing it from the tax roll?
Mr. Cox responded there is more of a cost of collection issue. There is no risk of lien
against the property, It goes to the RV Park property through the tax roll process. If the tax
certificates do not sell after a couple of years, the county is in a position where it has to
commence the process of applying for a tax fee and they may ultimately lose the property. We
are protected since we have the same interest as the county. If you wish to take it to foreclosure,
you will have to pay me to handle the process.
Mr, Lambert asked will either the CID or the county have to take it to foreclosure?
Mr. Cox responded I will have to determine where we are in the process two years after
the certificates are being stricken off to the county, in which case there may be a tax fee before
we go into foreclosure.
Mr. Ziko stated they already issued one tax certificate which no one has picked up,
Mr. Cox stated I want to look at it quickly,
Mr. Mack stated we need to come up with the money to purchase the land first after
which we can determine whether or not we are missing anything from the county. 1 know they
are interested in leasing, but the purchase is currently being worked on, I spoke to Chief Wilson
with regards to the community center, and he said it is possible to have some type of
combination building, which may help if you need to build a community center immediately,
Ms. Dillon stated 1 do not believe we need a separate building,
Mr. Mack stated he is open to this possibility since it will save money in construction
costs. We need 90 days notice as to what the county wants to do, As soon as 1 know it is in the
works or is being submitted to the county, we will have a meeting and get assistance in the
process,
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February 9, 2007
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Port of the Islands C.I.D,
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Mr. Lambert asked did the county step back?
Mr. Mack responded this is not the case, but the process is lengthy.
Mr. Lambert stated 1 was under the impression they are stepping back based on what you
said,
Mr. Mack stated this is not the case as it was all part of the original discussion.
Ms, Dillon asked what can we do today in order to proceed?
Mr. Mack responded there is nothing you can do. EMS and fire department personnel
have to put a proposal together which goes into the system, and is probably going to take 60 to
90 days or less to accomplish, I hope Mr. Colletta can help push this through the system in order
to have an answer in a short time. However, we need to get the finances together to purchase
this in the interim.
Mr. Lambert asked does our offer to the property owner still stand?
Mr. Cox responded since I have it with me, we can work on some of the language and 1
will have to get Mr. Bissell's signature.
Mr. Ziko asked did we establish the area which we are referring to?
Mr. Cox responded we have done this.
Mr. Lambert stated we basically need to decide whether or not we are going to proceed if
we are possibly borrowing money from an external source. We need to get some direction today,
Mr. Cox stated they will sign 180 days from the effective date of the contract because if
we sign it first it transfers, they sign and send it back, Basically, we had a discrepancy with
regards to the property size of 1.89 acres versus 2.12 acres, 1 received the survey and sent a copy
to Mr. Benson who had his staff calculate it. The square footage to the smallest portion of the
property on the far east side is subject to the conservation easement which changed the ratio from
1.89 to 2,78. The contract was drafted to give us the right to claim this conservation easement as
a title issue. We can raise this issue now and discuss how we are going to handle it over the next
couple of weeks and then sign the contract, or we can sign the contract and accompany it with a
letter stating we are raising this as a title exception and argue about it after it is signed in order to
keep with the period of due diligence.
Mr. Ziko asked is he trying to take our easement as his property?
Mr. Cox responded his property does underlie the easement. He owns the property under
the easement and we will be purchasing the property under the easement.
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Ms. Dillon stated I thought we owned it.
Mr. Cox stated it is subject to a conservation easement of which the District is a party to
but has no value, If I were purchasing this land for a commercial project, 1 would argue it cannot
be used for anything since it has no value. This is the position I would take since we are back
down to the number we came up with earlier which is substantially less than $500,000, and
closer to $400,000,
Mr. Ziko stated perhaps we can negotiate a 50/50 deal.
Mr. Cox stated 1 will try to do better. 1 have had easement evaluations such as a
transmission line easement causing the property value to decline by 10% less than the overall
parent parcel. However, you can still use this property for a road crossover. There is some value
in developing this property for a fire station because it counts in your overall density
calculations,
Mr. Bissell asked does Florida have loan municipalities in which we can get a loan for
3% or 3,5%?
Mr. Cox responded you are referring to the state development fund, which we have
money invested in. This is one of the depositories local goverrunents use under the statute which
allows you to invest your money safely. They use your money to loan it to other local
governments. Therefore, you are eligible for this program.
Mr. Bissell stated 1 would like you to check into this,
Mr. Lambert asked who actually talks to the people about getting this loan?
Mr. Teague responded I can talk to the underwriters, but our financial staff handles
everything else,
Mr. Cox stated I believe it is at 2.7%,
Mr. Lambert stated we should consider this program.
Mr. Bissell stated if we can get this money from the state, perhaps we can indicate in the
contract the possibility of paying it off in less than five years without a penalty.
Mr. Gatti asked how should we proceed?
Mr. Lambert responded if we are serious about this fire station, we need to ensure we
have funds available to close the deal.
Ms, Dillon stated we should first pursue the state fund,
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Mr. Lambert stated we need to give some direction today if we are going to proceed with
this.
Mr. Cox stated first of all, you need to determine whether or not funds are available for
this type of project. If this is the case, we can use them. If not, we need to look at local banks
with a depository and account holder. The third option would be for the Board to authorize at
the next meeting direction to proceed with the special assessment appropriation and scheduling
of the public hearing to have in place within 180 days.
Mr. Ziko asked what is your estimate of the special assessment? I recall discussing at a
previous meeting $160 for a five-year period per ERC in order to get this financed.
Mr. Cox responded the special assessment is estimated at approximately $500,000. We
have more than 1,000 ERCs at $500 per ERe. However, it will be less when it is amortized over
the period.
Mr. Lambert stated I prefer to stay away from this.
Ms. Dillon asked is it reasonable to expect you to have these financing options ready for
us by the next meeting?
Mr. Teague responded one of the Severn Trent staff members who will be calling in to us
is Ms. Karen Ellis who handles these matters, She also prepares methodology reports and works
with our bond counsel. Therefore, she may have some input if you want to ask her. However, I
will come back at the next meeting with a recommendation and a full range of options for
financing $500,000,
Mr. Lambert asked does this require a motion from the Board?
Mr. Teague responded no.
Mr. Gatti asked what kind of direction are we going to give for the purchase of the land?
Ms. Dillon responded we did this at the last meeting,
Mr. Cox stated you may want me to discuss the issue of the value price before we sign
the contract. You can sign the contract and raise the title issue.
Ms, Dillon asked what happens if we sign a contract for a certain amount?
Mr. Cox responded you can cancel the contract for any reason.
Mr. Ziko stated I think we should sign the contract in order to be able to proceed.
Mr. Bissell asked have we given them $15,000?
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Mr. Cox responded $15,000 is given upon execution of the contract. Mr. Teague will
give me a check which I will hold in my escrow account. There is no risk involved. If you
decide to cancel for any reason, Mr. Teague must file a motion, give me a letter and 1 will return
the money.
Ms. Dillon asked have you heard from the owner or has all communication been through
correspondence?
Mr. Cox responded 1 really have not spoken to him since 1 received the survey, Since he
is represented by counsel, I spoke to his attorney a couple of times.
Mr. Gatti stated 1 believe we should have ownership of the property, Although it is
acceptable to go to any of these agencies and borrow money for this project, the revolving fund
takes many years to put together.
Mr. Cox stated you must have your project scope of work and the overall scheme of what
you want to do prior to funding and you can get a commitment from them fairly quickly.
However, I am not certain whether or not the water and wastewater improvements have been
used for this type of fire station,
Mr. Gatti stated we used it in the city,
Mr. Cox stated in that case, all of your engineering must be done. Although knowledge
of water and wastewater funds exists, you must ensure it is available for this type ofproject.
Mr. Ziko asked does 180 days from the date the contract comes back to us allow enough
time to get the funding in place?
Mr. Cox responded I believe it does. We can surely put a package together over the next
60 days, We have been in situations in which we had to do pre-financing or gap financing for 90
days until the escrow is funded.
Mr. Lambert asked can we use state funds to do some of our CIP projects?
Mr. Cox responded this is another alternative we can certainly use.
Mr, Lambert stated perhaps we can get the lower interest rate by doing this,
Mr. Cox stated once the engineering is done, we can get it to them and Mr. Benson
probably has this sort of financing experience as well,
Mr. Lambert stated I believe this is the most sensible way of proceeding,
Mr. Galli stated if we ask for this amount of money for something they have not done
before you have six months to a year. We were told repeatedly the minute we show ownership
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of this property, there are several agencIes ready to jump in there with us. Is this a fair
statement?
Mr. Mack responded they need to get approval first.
Mr. Gatti stated if EMS and the county are ready to come up with the money to build the
station, we must show ownership of the land.
Ms. Dillon asked is a signed contract sufficient to purchase the property?
Mr. Cox responded a signed contract creates a beneficial interest. Although you do not
have legal title, it is basically recognized for purposes of planning and zoning. When you go out
for financing it shows you have a sufficient interest in the property. Also, one of the planners
from Mr. Benson's firm is currently doing a conditional use approval for the county for one of
the other fire stations. Therefore, we do have to take it through the conditional use process.
However, I am not aware of who is funding this.
Mr. Gatti stated I believe Mr. Lambert's idea of revolving funding for other projects and
building the fire station with cash we have on hand is a good one.
Mr. Benson stated they usually look at their commitments with other municipalities
relative to the money they have available, and there is usually different criteria for what they
consider to be the highest priority. There is also a process for the water and wastewater
programs, which Mr. Cox and I can discuss.
Mr. Gatti stated I recall they were reluctant to go with huge projects. They prefer to go
with some middle ofthe line and lower end projects,
Mr. Benson stated for example, the City of Cape Coral was getting hundreds of millions
of dollars each year even though there are certain projects in which they already have
commitments, Therefore, they must determine how to fit the funds into the program along with
the timing.
Mr. Gatti stated we received the funds from the city because we were ready to go with the
projects. Many people tie up the money because they are close to being ready to start the
projects. Therefore, the city decides to give the funds to someone else.
Mr. Cox stated with regards to this program as it is related to the water loss issues, they
are running between 35% and 56% continuously, and will be something they consider quickly as
far as where we are at.
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Mr. Benson stated we must determine which current projects are receiving the highest
priority.
Mr. Gatti stated we need a list in order to proceed with the property purchase.
Mr. Cox stated we are on track. 1 need to get the contract signed and start the discussions
over how much land we are actually purchasing.
Mr. Gatti stated it is in place and we are actually coming to this point.
Mr. Bissell asked should we sign the contract now?
Mr. Cox responded 1 believe you should sign it.
Ms, Dillon asked should we do so with those caveats you were discussing in terms of the
property size?
Mr. Cox responded this was all part of what we discussed at the other meeting,
Mr. Lambert asked is staff aware of where we want to go as far as getting some state
money as well as a better look at what it takes to go to a local bank?
Mr. Cox responded yes,
Mr. Mack stated Collier County is designated to build four stations this year, and I
understand the one for Golden Gate fell through for now. Therefore, since 1 want to be one of
those four, it is imperative we get this moving in order for us to be committed and able to follow
through.
Mr. Bissell stated the Board is committed.
Mr. Cox stated we want to go with a standard proposal for conditional use approval in the
amount of $24,000, which holds our cash for engineering firm fees, and is slightly below the
price to assure our consultants for competitive negotiations as requirements.
Mr. Bissell asked can we negotiate this?
Mr. Benson responded we did not give you a proposal for the project. This was one for
which the county already has a contract.
Mr. Cox stated we need to be clear on this. We need to find out from the county
specifically if we are responsible for obtaining the conditional use approval. If this is the case,
we probably need to go out for RFQs to get some proposals from engineering planning firms
who handle conditional use approvals, which can probably be discussed at your next meeting.
Ms. Dillon asked if we purchase the land, and the county builds the station, how much
engineering is the county responsible for as opposed to us paying to do this?
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February 9, 2007
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Mr. Cox responded I have more experience with typical land transactions. The way we
have always handled this is instead of using negotiable contracts, we have held the seller
responsible for having the property ready for its intended use. What was always negotiated at
the actual closing was whether they were reimbursed for any costs they incurred in preparing the
property by getting a conditional use approval or anything necessary to prepare it for your
intended use. The fact they are building the station implies they have a plan which is suitable for
the building, and we may ask the county to reimburse our costs in obtaining the conditional use
approval unless they intend to pay the entire cost.
Mr. Ziko asked is the conditional use handed down by the county?
Mr. Cox responded that is correct. A conditional use involves a zoning category for your
permitted uses as well as accessories to those permitted uses, Conditional uses are typically
considered to be appropriate for the underlying land use in which there may be additional
considerations for protection of safety and welfare requiring a hearing before the county
commissioner in order for them to determine whether or not there are conditions related to
signage, traffic control devices and sound controls, among other issues.
Mr. Lambert asked is this why you are looking at the retention pond?
Mr. Cox responded this is related to the plan, and once you have conditional use
approval, you may obtain site plan approval which ensures you have the appropriate capacities
for storm water, parking spaces and meeting their traffic standards with regards to separation of
open curb cuts.
Mr. Lambert stated with regards to the open retention pond, if the current capacity does
not support building and paving on the line, will expansion by going down be an acceptable
resolution to problem?
Mr. Benson responded 1 anticipate some storm water management requirements as part of
the property development. We may probably discharge into the existing stormwater
management system, We will have to do some stormwater improvement on the site as part of the
site project, which we will be able to tie into the system without any question,
Mr. Lambert stated it will be nice to take advantage of this.
Mr. Benson stated the design of the storm water management system was for properties
which developed and excluded those lots which were required to have their own storm water
management system, although it could tie into the other system,
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Mr. Cox asked are they required to treat their own systems?
Mr. Benson responded 1 have not done the research, but 1 believe it will be acceptable as
long as we put in some kind of storm water management system to a certain level on the site
which does not comprise a large amount of land. However, we may be able to tie it in with the
type of development we are referring to, but we cannot put everything into the existing system,
Ms, Dillon stated 1 want to go on the record 1 will not support spending $500,000 for this
property unless we have a good sense the county is going to build a fire station here.
Mr. Cox stated we have 90 days to get a commitment from the county, We can express
to them it is extremely important we have this commitment.
Ms. Dillon stated otherwise we will end up owning unnecessary property,
Mr. Bissell stated I will communicate with Mr. Cox in approximately two weeks.
ELEVENTH ORDER OF BUSINESS Discussion of District Financial Issues
Ms. Davis, Ms. Ellis and Ms, Randel joined the meeting via telephone,
Mr. Lambert stated since 1 do not necessarily need to see the revenue analysis every
month, perhaps we can see it on a quarterly basis. Can these other documents be part of what
you give us every month?
Mr. Teague responded with regards to the C1P Status Report, they are asking if this can
be included in their financials every month,
Ms. Randel stated 1 believe we can do this,
Mr. Lambert stated this is what we have been looking for.
Mr. Teague stated we have had it, but I believe we just need to know you needed this
information, We will go through the reporting format of the financials. Ms. Randel put together
the tinancials you received. We realize you did not receive the check register and the three fund
balances were not on the front page, The fund balance in the Jet Report is reflected as retained
earnings and was on a separate sheet. I just distributed exactly what she had in September which
was put into this month's figures,
Mr. Lambert asked is this document created out of your financial recording system?
Ms. Randel asked can you repeat the question?
Mr. Teague asked was the fund balance sheet you prepared which reflected all three
funds done on an Excel spreadsheet or through the Jet Report?
Ms. Randel responded it was done on an Excel spreadsheet.
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Mr. Teague stated we are still working with the Jet Reports and we are trying to identify
which core reports we are going to prepare.
Mr. Lambert asked what is on this report which you cannot get on a Jet Report?
Mr. Baldwin responded since your Enterprise Fund is a non-governmental fund, the Jet
Report does not pull a non-governmental fund into the report. In other words, your general and
debt service funds are in the capital projects which is a governmental fund-driven financial. The
other fund is basically similar to a company with excess revenues. Therefore, it is not currently
incorporating because we have to run two separate programs within our software to do so. We
are trying to go back to our IT Department in order to determine whether or not there is a way to
automatically incorporate the balance sheet items as one balance sheet instead of running two
separate balance sheets.
Mr. Lambert asked do you believe the program can be set up to do this?
Mr. Baldwin responded I am certain it can be done, but 1 do not want to put something on
another department over which 1 have no control.
Ms. Dillon stated I believe the Board wants to see this combined balance sheet every
month.
Mr. Teague stated 1 brought to the Accounting Department's attention, and I sent Mr.
Ziko the format of the core report as the type of report you want. You want all of your fund
balances on one sheet which they are working on, Once they get a consensus from all of the
District Managers as to what type of report they want to see, they are going to bring it to IT in
order to determine whether or not we can work with the existing software package to prepare
these types of reports.
Mr. Lambert asked how long will it take for them to determine this?
Mr. Teague responded since we already sent this out, the answer should come fairly
quickly,
Mr. Baldwin stated I already set up a spreadsheet which will document our progress in
order to prepare your financials and determine whether or not it is necessary for the accountants
to indicate everything on one spreadsheet. I believe Accounts Payable is also creating their
portion as well.
Mr. Ziko stated perhaps we can break out the assets on the combined balance sheet and
have a subtotal of cash operations to include the plant, equipment and property since the Total
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Assets line is misleading when compared to the cash we have to work with. Perhaps we can put
a subtotal line entitled, Other Assets under Due From Other Funds which will include the plant
and property since it accounts for close to $4 million. You can subtract $4 million from the $8
million you are showing us as total assets. 1 prefer to see a cash asset.
Mr. Teague stated you are really asking for identification of the statement of revenues
and expenses, A balance sheet is a snapshot of everything put together quickly.
Mr. Ziko stated the snapshot only needs one other line. You have total liabilities in here
as one line broken out and then you total out down below. Perhaps you can add another line
titled, Total Cash in order for us to be able to determine how much money we have in a
particular month. Are you reevaluating the property every month?
Mr. Teague responded no.
Mr. Ziko stated it is basically going to stay the same except you are going to add an
additional line titled, Total Cash,
Ms, Randel asked are you looking for totals on fixed assets?
Mr. Ziko responded yes,
Ms. Randel asked do you want totals for both operating and state board account line
items?
Mr. Ziko responded give a subtotal on everything from Due to Other Funds to Cash
Operating Account and put the subtotal in there as one extra line.
Ms. Randel stated you only want to have two line items, one for Fixed Assets with a
Subtotal and Current Assets with a Subtotal. Is this correct?
Mr. Ziko responded yes.
Ms. Randel stated 1 believe we can do this.
Mr. Teague stated you still need to keep it to one page,
Mr. Ziko stated we are only going to add one more line to it.
Ms. Dillon stated there is plenty of room,
Mr. Teague stated 1 do not want one line to carry this to a second page. Will it be on an
Excel spreadsheet?
Ms. Randel responded 1 believe we can do this because it is in Excel.
Mr. Lambert stated I am concerned using another program will bring the human error
factor into play. Someone must check to ensure everything is correct.
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February 9, 2007
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Mr. Teague stated Ms, Randel and I will handle this. 1 am not certain the balance sheet is
ever going to be a core jet report in the format you are requesting. We may always have to do
this on an Excel spreadsheet. Since there are limitations to what we can do, 1 do not want to
have to reconcile these ourselves.
Mr. Baldwin stated this is understandable and is what we are here for.
Mr. Lambert stated on the last page of our package there is a table which shows a
distribution from the county for the assessment roll. I tried to find some of these numbers on the
Statement olRevenues, For example, the net amount for the General Fund for December shows
two entries, but I cannot find anything on the General Fund statements reflecting the same
number.
Ms. Randel stated we are combining tax collections with financia1s. If you look on Page
2 under the General Fund, there is a line item under Revenues called Special Assessments: On
Roll. The Year to Date amount is $289,194.
Mr. Lambert asked do you use gross instead of net?
Ms. Randel responded that is correct.
Mr. Teague stated if you take the discounts out and show them as expenditures, you will
have the net.
Ms. Randel stated you will find the discount portion on Page 4 toward the bottom under
Other Current Charges, under the line item titled, Collection Fees & Early Payment Discount in
the amount of$16,902.
Mr. Lambert stated my error was in watching the net numbers.
Mr. Cox stated the reason you need the gross is because your budget is gross,
Mr. Lambert stated the other item I was unable to find came off of the Statement of
Revenues Versus Axpendilures, which I believe is an Excel spreadsheet. This is Revenues for
Meter Fees for the month of December in the amount of $5,000, I had difficulty finding this on
the Statement of Revenues for the Water.
Ms. Randel stated I believe the issue is on Page II in which I see a total amount which
does not technically show all of the revenues for the Water & Sewer Fund we would like to see,
Water & Sewer revenues are all being combined to one line, but the detail is not provided in the
Jet Report.
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Mr. Lambert stated we should be able to look at the detailed information under Schedule
Allached. I cannot find any numbers, but it appears to be $5,000,
Ms, Randel stated the $5,000 line items are not shown separately in the Jet Report.
Mr. Lambert asked are these items under Special Assessments or Assessments?
Ms, Randel responded the Year to Date figure in the table on Page 11 under Assessments
is $43,223 which represents a combination of line items we see in the monthly detail as well as
the combination of the water, sewer and irrigation revenue along with other fees, When you
combine those four line items, you are safe if you come up with $43,223.
Mr. Lambert stated I also came up with some other questions which you mayor may not
be able to answer. There is an item for Rentals & Leases in the amount of $1 00 per month on the
Water & Sewer spreadsheet.
Mr. Teague stated this is an overhead expense which we share with the Coral Springs
office.
Mr. Lambert stated we will continue to see Current Month Actual, Year to Date Actual
and Adopted Budget & Variance on the statements.
Mr. Teague stated this is what we are currently discussing,
Mr. Baldwin stated we are currently investigating this because it seems different regions
want to see their financials in different ways, 1 supervise the western and southern parts of
Florida, It seems the northern and central parts of Florida like to see theirs in a different column
format.
Mr. Lambert stated 1 have a difficult time dealing with the format changing every two or
three months and trying to determine where everything is going.
Ms. Dillon stated you cannot get used to a format which keeps changing.
Mr. Baldwin stated when the new Jet Report was initiated, 1 knew it was not going to be
well received by the Districts, However, everything is going to include complete detail. You are
no longer going to receive schedules. If there are five line items, the five line items are going to
show separately.
Mr. Lambert asked do you realize how long we have been putting up with the problems
you have had in this transition?
Mr. Baldwin responded yes.
Mr. Lambert stated I am done with it.
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February 9, 2007
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Mr. Baldwin stated I realize this.
Mr. Ziko stated before you send these packages out, please get someone to read them.
The omission of the check register is not acceptable. Although someone signs the packet before
it is sent, does someone read it?
Mr. Teague responded we have a series of checks and balances.
Mr. Ziko stated it is obviously not working.
Mr. Teague stated it was missed by the Recording Secretary, I realize this was two
meetings in a row. The first one was a problem with a report which they just did not pick up on
when we had a duplication of a page last month. I understand it was generated through the
report itself which printed off with a software glitch as opposed to human error.
Mr. Ziko stated the one you brought today looks good, but I told you last month we
wanted the Water & Sewer on the balance sheet and it showed up exactly the same way as
before. No one listens or you do not take the information back with you.
Mr. Teague stated it went back.
Mr. Ziko asked how come you did not pick this up if you read it before it was sent?
Mr. Teague responded you have the correct information now because I did pick it up.
Once the report is prepared it is difficult to go back and pull it out.
Mr. Gatti stated it is appropriate for us to make inquiries of this information, and we
appreciate there are some errors being made, but we should not criticize Mr. Teague and his staff
at every meeting. After all, they do a wonderful job for us,
Mr. Ziko stated if they were doing a wonderful job for us, we would not have to criticize
them at every meeting.
Mr. Gatti stated we put an Immense amount of pressure on these people and they
respond, Although it is acceptable to demand these problems be corrected, it is not necessary to
abuse them.
Mr. Ziko stated we are finally getting something after two years which Mr. Goscicki
promised one year ago last November. I would not state something was wrong with these
reports, if this was not the case.
Mr. Gatti stated we should be able to get the information we want without abusing staff.
Mr. Bissell stated these points are well taken, and we should move on,
Mr. Lambert stated I believe Ms. Dillon has a couple of issues on the check register.
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Ms, Dillon asked with regards to the $9,000 spent for relocation of a fire hydrant, is this
complete?
Mr. Teague responded you will have to ask Mr. Benson about this.
Mr. Benson stated I believe this is complete.
Mr. Lambert stated perhaps we can get these people off of the phone if we are done,
Mr. Teague asked do you have any further questions at this particular time, Ms. Randel?
Do you have clear direction?
Ms, Randel responded yes,
Mr. Baldwin stated you can always contact me at the Coral Springs office.
Mr. Teague stated 1 asked Ms, Davis to join us in the event anyone had questions with
regards to insurance or accounts payable issues, as she oversees those two operations.
Mr. Bissell stated hypothetically, we may owe the insurance company $1 million every
year to payoff the bond and Mr. Lambert pays $2,000 off on his bond. Do we still pay the
insurance company $1 million or $998,000?
Mr. Teague asked are you referring to the tax roll?
Mr. Bissell responded each property owner had a bond assessment upon purchase of each
property. Some owners paid it off immediately and others pay it on an ad valorem basis. Does
the money go to the bondholder when it is paid off?
Mr. Baldwin responded your O&M is already going to be on the tax bill whether or not
you are paying off the debt portion. In other words, if you choose to prepay your debt portion, it
goes towards the principal as a principal prepayment.
Ms. Ellis stated 1 just came ofT of another conference call. If you can repeat the question,
I will be glad to answer it.
Mr. Bissell stated we owe the bondholder a certain amount each year and some people
pay off their assessment. Does it get deducted from that year's amount?
Ms, Ellis responded the adjustment is paid in the tax bill which covers the current fiscal
year. When the bond is paid, one less lot is included in the assessments for the next year. The
interest which normally accumulates on the lot will not be there because they are using their
principal payment to payoff their portion, which reduces the assessment to their lot only, but
everyone else pays the same amount.
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Mr. Teague stated in answer to Mr. Bissell's question, it is not paid off against the
principal at the time. It goes to the debt service fund where it is used to pay it.
Ms, Ellis stated bonds are always prepaid twice per year, in May and November.
Mr. Lambert asked why did my check go to U,S, Bank?
Ms. Ellis responded they inadvertently held on to your payment during the transit time
required to get to a lockbox at the bank for their department to record it. As a result of the
conversion of Wachovia and SunTrust which was purchased by V,S. Bank, the payment routing
and processes we were used to in the past were changed. Therefore, 1 believe there was a clerical
error involved and this is not something which occurs on a regular basis.
Mr. Teague asked are the checks deposited at SunTrust?
Ms. Ellis responded the resident calls into our department and we provide them an
estoppel with a payoff amount which the resident pays and mails to our office. We then record it
on our lien book which states this person paid off their lot. We do the roll in the following year
in which the debt is removed. We forward the check along with any others to the trustee who
holds them in the bank for use toward a Mayor November call, which must be reported to the
bondholders as well as the IRS with regards to how much money is going to be used to pay down
the bond. We hold the check until it is paid to the bondholder in Mayor November.
Mr. Baldwin stated 1 am the Senior Accountant and Ms. Randel handles the daily
accounting. 1 oversee the overall scope of your accounting activities, Each month you will have
a copy of the invoices we actually processed through our office available. The invoices are also
reviewed before a check is issued by Ms. Randel to ensure it has been properly coded.
THIRD ORDER OF BUSINESS Manager's Report (Continued)
E. Field Manager's Report
Mr. Edge stated the operations report contains a bid estimate from Campbell Roofing to
repair the roof at the plant office, They want to do a repair coating on the roof, which I thought
was costly, However, 1 telephoned three or four roofing companies and only one of them got
back to me.
Ms, Dillon stated last month we also discussed the fact we should not spend too much
money on the building since it may need to be replaced.
Mr. Edge stated they are going to remove some screw holes, caulk some cracks, pressure
wash and paint it.
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Mr. Lambert asked will it stop the leaking?
Mr. Edge responded it should stop leaking for $9,000, but 1 believe the price is high.
Mr. Bissell stated the price is not high for this area and building size.
Mr. Gatti asked is it a flat roof?
Mr. Edge responded the roof is slightly sloped and is made of corrugated metal.
Mr. Gatti asked does it leak?
Mr. Edge responded it leaks occasionally, and it looks rough.
Mr. Bissell stated the ceiling is also bad,
Mr. Edge stated there are many leaks throughout the building.
Mr. Ziko asked does the building have a suspended ceiling?
Mr. Edge responded yes.
Mr. Benson stated approximately 15 years ago we salvaged an old building at that time
and put it to use because we needed a fairly large number of square feet which would have cost a
lot of money, I am not surprised you have periodic leaks due to the age of the building.
Replacement of the building will be extremely expensive due to the number of square feet, and I
am not certain we are ready to do this. In the next five to 10 years, we will probably need to
build a new water plant, at which time it will probably be an ideal time to erect a new building to
house the same functions.
Mr. Gatti asked do you want them to repair this?
Mr. Edge responded I can also try to contact more roofing contractors and get their bids.
Mr. Bissell stated I do not believe this is a high bid for the number of square feet.
Mr. Gatti asked how many square feet is it?
Mr. Bissell responded it is more than 2,000 square feet. A 30 x 40 building is 1,200
square feet and this is larger.
Mr, Benson asked how long is it?
Mr. Edge responded 1 believe it is approximately 20' wide and one mile long.
Mr. Ziko stated this includes the area over the storage.
Mr. Gatti stated if they do a good job and seal what you already have, $9,000 is not bad
for 2,000 square feet.
Mr. Bissell stated they are going to pressure wash it, re-tighten the patches, prime the
roof, caulk the patches and spray coat with an acrylic finish,
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Mr. Edge stated if you want them to do this, we will have it done.
Mr. Gatti moved to approve the proposal from Campbell Roofing
& Sheet Metal, Inc., of Florida to repair the roof at the water and
wastewater treatment plant in the amount of $8,925 and Mr.
Lambert seconded the motion,
Ms. Dillon asked is there a warranty in the event it starts leaking after a certain period of
time?
Mr. Edge responded I will call them this week and find out.
Mr. Lambert stated we need to get the warranty clarified.
Mr. Bissell stated we should get it in writing,
Mr. Gatti stated perhaps we should proceed with the bid and get the warranty information
in writing.
Mr. Edge asked how much of a warranty do you want?
Mr. Ziko responded since it is your building, you should decide.
Mr. Edge stated 1 will find out.
Ms. Dillon stated perhaps you should get a one-year warranty.
On VOICE vote with all in favor the previous motion was
approved pending receipt of a written warranty of one year.
SIXTH ORDER OF BUSINESS Discussion of Open Items
Pump Repairs
Mr. Ziko asked what is the status of your outstanding bid estimates for rewinding the
motor pumps?
Mr. Edge responded the estimate was from Bob Dean Supply in which they will rewind
and recondition the motors and pumps in order to prevent them from rolling into the electrical
area, I believe the estimate they gave us last month is high,
Ms. Dillon stated the proposal is for $8,000.
Mr. Lambert stated this depends on what we decide to do since it is a piecemeal job.
Mr. Edge stated 1 believe the worst case scenario is going to be a little more than $8,000.
Mr. Lambert stated it is open ended except they are telling us what it is going to cost to
do the entire job.
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Mr. Edge stated they are not going to do anything unnecessary, If the motor runs they are
not going to rewind it. Since all of the pumps need to be reconditioned this is a fair estimate,
However, two motors are currently not running, but if they determine rewinding is not necessary,
they will not do it. Therefore, $8,000 is the worst case scenario, 1 believe more than likely the
pump motors are working, but there is a logic problem in getting to them. This is where the Gulf
State Electric proposal is outstanding. 1 am waiting for them to give me a proposal on updating
the logic as well as some of the control centers, Since 1 met with him approximately two weeks
ago, the ball is in their court. However, 1 believe they are excited about doing this job,
Mr. Lambert asked when can Bob Dean look at this?
Mr. Edge responded I will tell him to start the work as soon as you authorize me to do so.
Mr. Lambert stated I was over there on Wednesday with Mr. Dick because 1 was curious
as to what the place looked like, and I think we better get started. We have a small pump which
never runs and is the jockey pump for the entire system. Therefore, we have been turning on
those big pumps instead of the little one,
Mr. Ziko stated we are also rUlming at 50% capacity, and if we lose another pump our
problems will worsen.
Ms. Dillon moved to approve the proposal from Bob Dean Supply
to rewind and recondition the pumps and motors at the water and
wastewater plant as necessary for an amount not to exceed $8,000
and Mr. Ziko seconded the motion.
Mr. Lambert stated please keep us updated with regards to the progress of this project.
IOn VOlCE~ote
In'Pproved.
with all in favor, the previous motion was
THIRD ORDER OF BUSINESS Manager's Report (Continued)
E. Field Manager's Report (Continued)
Ms. Dillon asked do we have to do anything with this lime sludge hauling bid?
Mr. Edge responded 1 received a bid from a company who does this type of work and if
you approve, it will be handled.
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Mr. Ziko stated with regards to the big tank with the aerator which is in front of the area
in which we currently store the lime, it has been abandoned. Do we have anything on the books
to remove it since it is an eyesore serving no purpose?
Mr. Edge responded I have full intentions of getting rid of it unless someone wants to
keep it. I have not had time to look into this.
Mr. Ziko stated it will be easier for the trucks to get by at the gate when they do the lime
sludge removal if we can get rid ofthis building,
Mr. Edge stated I will do the best I can,
Mr. Bissell asked when is your assistant starting?
Mr. Edge responded the person accepted the position, but he currently works as a Meter
Reader at Golden Gate and they are holding him until they can find a replacement in the next
couple of weeks.
Ms. Dillon asked is this person definitely going to work with you?
Mr. Edge responded he already accepted this position, and 1 just have to wait until they
release him.
Mr. Lambert asked what is the status of the Stop sign which fell down at Windward Cay?
Mr. Edge responded it has been ordered, but has not come in yet.
Mr. Lambert asked do we have an old one which we can put there temporarily?
Mr. Edge responded it is in bad shape and [ would not want to put it there.
Mr. Ziko stated as soon as the building comes down, 1 suggest we get the sludge removed
as soon as possible.
Mr. Edge stated this can be taken care of with a phone call,
Mr. Bissell stated I do not think this will be removed in 10 loads.
Mr. Edge stated this is going to be a never-ending accumulation.
Ms. Dillon asked why did the water loss report increase by 50% in November and
December?
Mr. Edge responded I am not certain, but we are going to do some tests next week. We
believe some potable water is being used for irrigation, but we will not know until 1 get my
assistant here to help me. Weare going to shut the irrigation system off for a couple of hours
and manually turn on some irrigation valves in order to determine what is going on there.
Ms. Dillon stated we were doing fairly well.
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Mr. Edge stated I realize this, but we are still working on it.
Ms. Dillon stated I find it interesting we sold the same amount of gallons 10 both
December and January.
Mr. Edge stated this is probably incorrect. However, 1 will look into it since 1 am certain
we sold more.
Mr. Bissell asked where is Mr. Dick today?
Mr. Edge responded he is handling another obligation in Dade City,
FOURTH ORDER OF BUSINESS Attorney's Report
Mr. Cox stated with regards to the Orchid Cove utilities turnover, they are still interested
in having us take this over, and they are willing to give us indemnification to hold harmless. At
the last meeting you discussed the automatic blow-off valves versus the manual ones and going
back to the time when they dug the water main up and we ended up having a breakage which
incurred engineering expenses and a request for reimbursement of those expenses before
proceeding. If they are willing to do those things, are we in a position to proceed or do you want
me to bring it back to you at the next meeting?
Mr. Lambert responded we received a proposal to install a sprinkler line down through
the median. Perhaps they can install the automatic blow-off valves as well as a sprinkler line
down through the median and landscape it. We can take it over as long as they keep us informed
with regards to problems down the road until they are built out, and we can forget about haggling
over the lost water. This will benefit them because the median is going to look better than it does
now.
Mr. Agnelli asked can you repeat this statement?
Mr. Lambert responded we may consider taking over those facilities as long as there is a
warranty in the event you dig something up, run over it or break it until you are done, How
many flushing points are there?
Mr. Benson responded there are two flushing points with manual blow-offs,
Mr. Lambert stated we are trying to get to the point where we do not have to send
someone to manually flush the system out. Since we already put two in ourselves, you can
probably speak to Mr. Benson about the cost. Also, the median area looks as though it has been
poorly-maintained, and 1 am concerned the grass is going to die out if it does not get watered
properly. Perhaps you may consider doing some work to clean and irrigate the area.
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Mr. Agnelli stated I will look at the price of the automatic valves and if it fits in with
what you want to do, perhaps you can authorize Mr. Cox to work with us since this is a loose end
we want to get settled. We will warrant the lines within our construction site.
Mr. Lambert stated this is good for everyone since it makes the area more attractive
coming down the road and you do have some property on both sides of the road.
Mr. Agnelli stated we will work on this and if it is acceptable to you we will work with
Mr. Cox to come up with a solution,
Mr. Lambert stated this is my idea, but I am not certain what the rest of the Board wants
to do,
Mr. Bissell asked do you plan on doing anything else with the street going back there?
Mr. Agnelli responded although we are not prepared to give you a commitment right
now, we are certainly looking at it. We spoke to neighbors to ensure this will benefit them as
well. I am not certain about what is going to happen north of us, but we have seen activity going
on with concrete trucks and building materials, We have 36 permanent buildings, of which 26
slabs are in and three more slabs are going in within the next month. The market will dictate
what takes place after this. With regards to what you requested at the last meeting and what you
are currently discussing, we will look after anything underground in the area where we are going
to build and put it in writing.
Mr. Lambert asked will there typically be a bond for this or is it just in writing?
Mr. Cox responded since a waterline repair cost is minimal, it does not make sense to
obtain a bond.
Mr. Lambert asked how does the rest of the Board feel about this approach?
Mr. Ziko responded I agree with this, but 1 believe it should be built out for six months to
ensure we do not have any major problems,
Mr. Agnelli asked do we have some kind of warranty already?
Mr. Benson responded you have a warranty on some ofthe materials you installed.
Mr, Dyer stated I have been a developer for most of my life and I currently have three
site developments going on in the north. When we develop ground and project sites at POI, it
has always been the developer's obligation to turn it over to the city or the CID, as we did here,
We always had to post a bond, but in lieu of this recently we came up with some ideas for a cash
fund covering the developer's liability. In lieu of the bond we take the cash because we have had
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poor experiences with bonds, We never exercised the option olbonds in the cities I have been
involved with Instead, they raised cash for replacements, sinkholes and street repairs, which
would not have been done since most people are looking to spend the bond money itself I want
to know il we are selling a precedent by accepting this liability. I [owever, [ understand we did
not accept the liability on the west side of Newport Drive. I am confused. We should not accept
this responsibility ifit is going to cost more money to do so, I also want to know why we would
want the liability of the other structure, Normally. the cities and the CID are involved with this,
but the HDA or the homeowners themselves should bear responsibility jor the homes,
Mr. Cox stated let me explain how the situation evolved. There are lines which come
from the main all the way to the building where the meters are set. If we had a meter set at the
main in which we could shut the water off, it would have been acceptable, However, if a break
occurs between the main and the meter causing us to lose water, we have no one to charge for the
repair. Also, the HOA is here and they do not have the resources to repair something like this, in
which case they would rely on the ClD, We may be responsible for the first repair call, and
according to the way the agreement is structured, if we take it over we are only responsible for
repairing the line. Patching of any hardscaping, repair of any landscape damaged as a
consequence of us repairing the space is with the HOA,
Mr. Dyer asked do we normally have a three or five year bond?
Mr. Cox responded the county as well as the city of Naples requires a one-year warranty
from the developer. Typically, we follow county practices with regards to infrastructure.
Ms. Dillon stated someone at the last meeting asked what the benefit is to the CID to
assume this,
Mr. Cox stated you are eliminating redundancy. Since we have the equipment and
personnel, we do not want the homeowners who are also your constituents to have to call
someone to do this work and possibly wait a couple of days to get it done when we can be on site
immediately, This is more of a community issue in which we are taking care of our own as
opposed to hanging them out there.
Mr. Dyer stated we had an agreement with the !IDA .lor them to make repairs on an on-
call basis,
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Mr. Cox stated as I understand, the Board said it will consider taking over these other
areas since they were never asked to do so, I was told it was going to be a project for the
community's benefit.
Mr. Lambert asked is the metering point at the house or out toward the street?
Mr. Cox responded 1 believe it is in front closer to the house than the street.
Mr. Lambert stated we are only taking responsibility up to the meter.
Mr. Cox stated absolutely.
Mr. Lambert stated here is my concern. They all have part of an ERC and they paid their
taxes. You pay on a single-family home, although it is a different rate and you have a main line
which is taken care of by the CID up to the meter. I have a main line which is also taken care of
up to the meter. 1 do not understand why they will be treated differently. Although people have
not asked for this up until now, we are treating them differently because they do not live in a
single-family home, along with the fact we are better prepared to take care of it. Even though
they do not live here yet they are considered part of this community and have been involved in
participation in the infrastructure, Why should we cut them out because they are in a different
situation?
Mr. Ziko responded I do not believe anyone is being singled out. Weare trying to
determine how we are going to accomplish this. Mr. Benson brought up a point at Stella Maris
in which the water lines were going under the parking garage, and we did not want to take it over
because of the shoddy construction they did there. If we take over Orchid Cove, what are we
going to do for the other people over here?
Mr. Cox responded if anything gets damaged, including our water line, we are going to
repair our water line only, which includes backfill, tap-down and asphalt. They take care of the
concrete which gets cut, any bushes we dig up and any grass running over into the sodded area
which leaves deep cuts. If there is any damage to anything other than our line, we are going to
fix our line only.
Mr. Lambert stated we can ask them to install some type of automatic flushing valve on
the system and make it part of the negotiation.
Mr. Ziko stated we need some good drawings of what is over there.
Mr, Dyer stated in reality this is a bonanza for the developer since the liability is
eliminated. A reservefundfor the setback does not have to be built, which we now do. Although
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I am not against turning it over, we always had a fee involved to accept this responsibility over
the years.
Mr. Agnelli stated we have been doing this in Florida for more than 30 years, and we
abide by the law, The people who are moving in set up the reserve fund as opposed to the
developer, despite our presence. This is the methodology we use in the development business
here, which is no bonanza for us, It is like anything else. 1 live in a single-family home and 1 am
responsible for certain things there which the developer built. What we are asking for is no
different that what is being done across the state.
Mr. Ziko stated we had a developer who provided single building HOAs which became a
disaster for the other side, winding up with five or six different associations. Is one HOA going
to cover Orchid Cove?
Mr. Agnelli responded we have three phases with one HOA.
Mr. Ziko asked is there going to be an HOA in every building?
Mr. Agnelli responded this will not be the case.
Mr. Lambert stated ifthe Board agrees, perhaps we can negotiate.
Mr. Cox stated we must ensure we have copies of the as-built drawings, the cost
improvements for the automatic blow-off valves for the water main tie-in for which the warranty
was built out to six months along with the irrigation.
Mr. Benson stated you already have the as-built drawings,
Ms. Dillon stated our relationship with Orchid Cove started out with a great deal of
uncertainty,
Mr. Agnelli stated we understand this and we are trying to work our way back to a better
relationship.
Ms. Dillon asked do you believe it is a good idea to establish some sort of a fund for
possible problems such as the ones Mr. Dyer brought up?
Mr. Cox responded you may have a structural warranty as well as a hold harmless
agreement. You can also have them post a public fund for the period of time this work is being
done. This will have to be an account which becomes another line item in your accounting
system to be maintained. 1 am not certain how much it costs to send one of your maintenance
people with a backhoe to repair a broken pipe with some couplings if a repair is necessary, I
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February 9, 2007
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believe it may comprIse a couple of hours, along with $10 worth of material. 1 am more
concerned with the major issues.
Mr. Ziko stated perhaps you can ask them if they can incorporate provision of this fund in
the HOA documents as necessary to fill in the area after we repair the pipe, which may prevent
the problem from going on for two or three months and becoming an eyesore for the community,
Mr. Cox stated the developer has a period of time for which they can bill the HOA
through the Board of Directors according to Florida law, but there are limitations on what types
of contracts they can sign on behalf of the HOA. However, this can be structured with a three-
party agreement and once the developer is out of the picture, we can still look to the HOA for the
next six months. The way I look at it is these are your constituents who pay their taxes, and part
of what we do involves ownership and operation of the system. We do not want to double-
charge when we have a fund for preserving repairs which everyone has paid into.
Ms. Dillon stated we have a one-unit community over there and if they have a water line
break, the lines are buried under sidewalks and garages which is a concern and liability for the
entire community.
Mr. Cox stated a water line under a garage is a whole different situation than a water line
under a driveway.
Ms. Dillon stated I am not certain whether or not they are under the garages.
Mr. Benson stated I know for a fact there are water lines under driveways.
Mr. Cox stated if we are going to include these issues with the agreement, we must deal
with the existing HOA. Other than Orchid Cove, the same arrangement will exist. 1fwe repair a
water line, this is all we must do, which includes making it safe by backfilling and patting down
the trench, However, we are not going to pour concrete or replace pavers,
Mr. Lambert stated they are going to provide a system which meets our standards, and we
are not going to accept anything less.
Mr. Bissell stated perhaps you can E-Mail us a copy of the document once it is drawn up
in order for us to look at it and give you some other ideas,
FIFTH ORDER OF BUSINESS Engineer's Report
Mr. Benson stated as requested at the last meeting I have been sending different
documents as they are produced during the month. This letter just came in yesterday, which was
why it was not E-Mailed.Theissuerelatestoyourconcernswithregardstowaterloss.This is a
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February 9, 2007
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project being done at the marina which consists of replacement of their existing internal water
line, Since they are going to install a new connection to our water line as well as new meters, we
are working with the marina and their engineer to ensure their proposal meets standard
engineering procedures, The letter is technical, but it essentially involves replacement of the
existing system, and we suggested they pay for everything including the new water meter.
However, I do not believe there will be a new meter charge to the existing customer, especially if
they purchase the replacement meters. The only issue we have to discuss today is a form from
the Department of Business and Professional Regulation on the last page of the handout which
the marina requires a signature by the utility providing service. Since food is sold in the marina,
this falls under the hotel and restaurant lease water approval form. Although they are not
changing their water line, they need this form signed as a matter of course since they are being
provided water and sewer service, I recommend the Board authorize the Chairman to sign this
form which gives them the ability to provide water and sewer service since they are going to
replace the water lines at their cost. They are going to install new meters at locations we worked
together on and will provide meters at various locations for your staff to read,
Mr. Gatti asked does this require a motion?
Mr. Benson responded I do not believe so.
Mr. Ziko asked did you look at any of the drawings?
Mr. Benson responded I looked at them and I have the drawings in my possession.
Ms. Dillon asked do they have ERCs available?
Mr. Benson responded yes, This involves replacement of existing lines with new lines,
which I believe is to the CID's benefit.
Mr. Cox stated you have lines which require replacement and these are probably some of
the oldest ones,
Mr. Benson stated this will benefit everyone, 1 will get Mr. Bissell to sign it and I will
type in the remaining information.
Ms. Dillon asked will this cost anything?
Mr. Benson responded no. However, 1 must write a letter which will go with the
application to the county stating we reviewed the utility connection.
Mr. Ziko asked do you know how many meters are going to be involved?
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Mr. Benson responded there will be three meters, one for the marina building itself, one
outside the corner of this building and one out the other way, There will be a meter along the
edge of the seawall where the new line will be installed as well as a meter near the marina
feeding any floods coming this way. It is basically a loop which will feed the areas at the
different boat slips, all with the appropriate backflow prevention. This is basically what this
letter and drawing state. The Chairman needs to sign this and I will also write a letter to be sent
to the county.
Ms, Dillon asked is a service line being installed underneath Newport Drive?
Mr. Benson responded that is correct. They are going to use a directional drill so the road
is not affected, as the drawing shows.
Mr, Lambert stated we need to ensure they are not going to cut the road if something goes
wrong. Do 16 seats permitted relate to the number of ERCs?
Mr. Benson responded we assessed the ERCs against the marina as a service function
which typically sells gasoline and supplies and it is assessed by the number of boats it services.
We count the number of boat slips and factor in typical water use per boat slip for a marina
which is how we determined the ERCs. This is a form they send to the state indicating the type
of food they serve, and they do not have a dishwasher or microwave oven, We do not assess
them by the number of seats in a restaurant since it is really a store selling sandwiches and
serving as an accessory which goes with having 150 boats,
Mr. Gatti asked when are they going to start the roadway?
Mr. Benson responded my assistant sent all of the information via E-Mail. Did you get
the letter we sent to Better Roads?
Ms. Dillon responded no,
Mr. Benson stated the letter went out last week and since someone was out sick in our
office, I was not certain whether or not you received it via E-Mail.
Mr. Ziko asked is the second payment they received the final payment?
Mr. Benson responded we are holding almost half of their money, This is our remedy in
which we only pay them for the work they have done. We are holding retainage and we are not
paying for unacceptable work. This letter followed up a series of inspections, phone calls and
meetings identifying these items in which we put the contract officially on notice. Striping is the
last part of the job. He has areas of pavement we identified as unacceptable surfaces which needl
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to be repaired. Therefore, he is not going to paint it, but he is going to do some remedial work
on the surface in some areas and restripe the road.
Mr. Bissell asked is the fact they used a different mix going to create a problem?
Mr. Benson responded we identified problem areas which we deem unacceptable, and
they need to tell us what they are going to do to repair it. The worst case scenario is they may
have to mill it all down and start over. I am not certain this needs to be done, but there is
probably another way to repair it. As a first step, we must put them on notice and they will tell
us what they believe is the appropriate remedy, which we will review and let them know whether
or not we accept their remedy based on our engineering experience. Regardless, it is subject to
final inspection, Weare going through the process as required by the contract, and they are
generally a responsive contractor. Essentially, we have considerably more road widening and
resurfacing projects in Southwest Florida than there are contractors to do the work, which 1
believe is the main issue with regards to responsiveness, as opposed to non-interest.
Mr. Ziko asked have they replied to this letter?
Mr. Benson responded I asked our Project Manager earlier in the week to try to get
something from them by the end of the day yesterday, but he did not receive anything, However,
we are still working on this since it involved follow-up meetings as well.
Mr. Bissell stated you have on here 1 D, 3A and 3B, but there is nothing identifying it.
Mr. Benson stated there are some sketches and notes. There is a sketch with a circle
which says ID, and it is referring to 1D in the letter. The letter has 1D, which says, the area
surrounding a manhole. If you look at one of the sheets back here it has 1D with the manhole
circled,
Mr. Bissell asked where is unacceptable surfaces identified?
Mr. Benson responded there are aerial photos with things circled on the various pages,
For example, it states two-way damage surface with an arrow pointed there. Item 4 points to an
area which states pavement depression. The sketches go with the letter. There was an inspection
with the contractor and our Project Manager. Since they physically walked these areas and
discussed them, I believe they should know about them.
Mr. Bissell stated in looking at these unacceptable surfaees, the one on the corner of
Newport Cay had a different mix which is not identified here. When 1 took your person around
to show him some things, I did not show him this but he noticed it when he turned around.
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Mr. Benson stated 1 will get with you after the meeting with a list.
Mr. Bissell stated it was a different mix since they did not do this section for a few days.
Mr. Benson stated they may have used a different mix. Those issues have all been
identified, but if anything was left out 1 will ensure it is handled.
Mr. Ziko stated I wonder if he is going to do Cays Drive because I noticed the valve
boxes are low.
Mr. Benson stated this is mentioned under Item 3.
Mr. Bissell stated one of our residents said some of those meter boxes screw out, and
your staff person said they had to go up by 1 \",". Therefore, they will not go that far.
Mr. Benson stated that is correct. There are different manufacturers and types, and the
ones which were installed on this street were not adjustable with a screw. They were adjusted
differently, and the contractor is going to adjust the tolerance ofthis system. However, some are
two different sizes of adjustment which are not the screw-adjustable type. There were items I
sent you via E-Mail as requested at the last meeting, One of them related to a bid for electrical
improvements at the water and wastewater treatment plant which included basically sending a
copy of what was sent and notifying contractors we were asking for bids. I believe it was sent to
six contractors and we received two bids, which came in at $168,930 and $193,564. The
engineer's estimate is not disclosed prior to the bid which goes to the contractor. It was
$155,955 and the low bid was approximately close to 10% higher than the estimate, Part of the
CIP project was postponed which involved the actual purchase and installation of the generator.
I believe the entire C1P project cost was $200,000, of which we probably postponed close to
$100,000 of what 1 am going to estimate, and we outbid them by $168,930. We recommend this
is a good bid at today's pricing. Gulf States 1nc, has worked on these types of projects, we have
done engineering work with them in the past and they previously did work at POI.
Mr. Lambert asked can the work at the pump station be done by them as well?
Mr. Benson responded you can always do a change order to the contract to have Gulf
States work on the other one.
Mr, Lambert moved to approve the bid from Gulf States, Inc. to
perform electrical service upgrades at the water and wastewater
treatment plant in the amount of $168,930 and Mr. Ziko seconded
the motion.
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Ms. Dillon asked is this part of the CIP?
Mr. Benson responded it is part of the original CIP,
Ms, Dillon stated the bid is $168,000 and $200,000 was budgeted.
Mr. Benson stated since we postponed $100,000, it is going to be more than the budget
we set for $200,000.
Mr. Lambert asked will an item for the generator be part of the CIP in the future?
Mr. Benson responded we will have to divide this into two projects,
Ms. Dillon stated it is currently one project.
Mr. Benson stated we postponed part of the work, and we allocated a contract in the
amount of $168,000. We have another part we think we are going to do in approximately two
years, which may cost an additional $100,000 which is going to be over budget of what 1
estimated last year.
On VOICE vote with all in favor the prevIOUS motion was
approved,
Mr. Bissell stated we received a request for a rate increase from Hole Montes. If no one
has questions, a motion to approve the request is in order.
Mr. Gatti moved to approve a rate increase from Hole Montes and
Mr. Lambert seconded the motion.
Ms, Dillon asked have we been going along without a formal contract on the rate?
Mr. Benson responded we have a contract going back 10 years with a rate schedule which
was stated to be acceptable for the first year. Throughout this 10-year period, we adjusted our
rates between our firm and the manager's office. Similar contracts with Collier County had rate
increases in which they negotiated with many engineering firms before establishing a rate, but
we have effectively been giving you the same rate, and I have not always changed our rate every
time Collier County changed it in their contract. Since I was informally giving you a
competitive rate, 1 recommend formalizing this with the proposal Mr. Bissell was referring to,
However, if you want to have something more formal, perhaps you can just approve what Collier
County has adopted as a rate they negotiated with 10 engineering companies who all give the
same rate, in which case we will give you the same rate.
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February 9, 2007
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Ms, Dillon asked are we just formalizing as opposed to increasing our rates?
Mr, Benson responded you will notice an increase in some of our rates since 1 did not
increase them two or three years ago when Collier County did so. The current rates I have been
charging you at the CID have been lower than what Collier County has been able to negotiate,
On VOICE vote with all In favor the prevIOus motion was
approved.
Mr. Lambert asked what is the status of the building project on the Parkson contract?
Mr. Benson responded the contractor has already been moving earth, but I will have to
check the timeframe under the contract, since they keep saying they are not going to have a
problem completing on schedule, I believe the contractor doing the work is trying to complete
other projects before he authorizes his helper to install the equipment. We are in an area of rapid
growth with more projects than what contractors can keep up with.
Mr. Gatti asked have we paid for anything yet?
Mr. Benson responded we do not pay until they do the work.
Mr. Gatti stated 1 am referring to material on hand.
Mr. Benson stated I do not believe so.
Mr. Bissell stated 1 thought they were going to deliver something in February.
Mr. Benson stated we told them not to deliver it until you are ready to do the installation,
and you may want them to pay the shipper to store it in a protected environment instead of
storing it outside,
Mr. Bissell asked did we receive complaints from the state or DEP stating we are using
excessive amounts of water for irrigation?
Mr. Benson responded we received a complaint from SFWMD.
Mr. Bissell stated since we have taken on this boulevard out on the highway, we are
going to be using more water and there is nothing we can do about it.
Mr. Benson stated with regards to the irrigation of medians and other areas, we need to
ensure the timer is set correctly, which is handled by the landscape contractor. We also need to
ensure irrigation is being done on the appropriate days and hours. I recall there has been
discussion over the years with regards to medians being irrigated in the daytime. We are all well
aware Collier County and the SFWMD supervise this and may penalize people for doing this,
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February 9, 2007
Port of the Islands e.I.D.
We just need to tighten up our power over irrigation, and I believe the most effective solution is
to add a few areas as long as they are irrigated appropriately.
Ms. Dillon stated this was part of the emphasis of the brochure as well.
Mr. Teague stated we accepted the medians from the county on Wednesday and we are
supposed to receive copies of supporting documentation. Mr. Robert Soto was there with the
equipment and he understands the system is going to run a little more since there are new plants,
and at some point we will discuss this. He is also going to put together a proposal for the
additional work, but he is going to start to maintain it immediately.
Mr. Bissell stated 1 want to thank you for meeting with them.
Mr. Benson stated 1 believe the key factors are to irrigate community areas only on the
appropriate days of the week per the rules, and limit the amount of irrigation each day to keep
the plants growing but not excessively. At some point, we should also ensure all the timers the
landscape contractor maintains are set to go off in sequence since some go off early in the
evening, in the middle of the night and in the early morning hours, through the allotted time in
order to spread out the demands on the community resources for pumping and avoid over-taxing
the system, We must be smart about the irrigation process in order to make the most impact.
Mr. Edge asked what is the acceptable amount of irrigation water for Southwest Florida?
Mr. Benson responded they gave us a number and a permit which you should have a copy
of since I gave it to Mr. Dick, which indicates how many gallons per month you are allowed, but
1 do not recall what the numbers were. Basically, we did an analysis and submitted a permit of
the requested rate of irrigation, and SFWMD told us we were putting down too many inches of
water per month in this community compared to other people in Southwest Florida. Since they
control the water, SFWMD lowered the amount on our permit to what they authorized as the
appropriate application rate, Therefore, we are going to have to watch this.
Mr. Bissell stated there was a landscape inspection on January 8th Have you received a
report?
Mr. Edge asked who was the inspector?
Mr. Bissell responded it was Mr. Michael Lackey.
Mr. Edge stated 1 am not certain who this is,
Mr. Bissell stated Mr. Soto was there, but we are not certain whether or not Soto has
corrected the problem, Can someone look into this?
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Mr. Lambert responded Mr. Dick was present at the first inspection, but 1 am not certain
whether or not he was there this time,
Mr. Bissell stated the first one was in October.
Ms, Dillon stated we received a bill and I believe this is the third inspection.
Mr. Benson stated [ believe Mr. Dick has been coordinating the contract along with
Severn Trent.
Mr. Bissell stated please try to get some information,
SIXTH ORDER OF BUSINESS
Discussion of Open Items
(Continued)
Reuse Water for Irrieation
Mr. Benson stated we have a series of projects which must be done in order to get the
main project completed. They are not all done, but we have a six-month deadline, I do not have
any specific progress since there are a number of things being done relating to this. One of them
is tor work at the wastewater plant for which we need to determine a way to motivate the
contractor to do the work, and they told us they will need completion dates. We have a project
for the irrigation pump station which we have to bid before commencement of construction.
Mr. Ziko asked how are these pumps which we are looking to re-do tie into this irrigation
system?
Mr. Benson responded they are going to be used under this program.
Mr. Ziko asked do they have to be working or can we run it with the pumps we have
now, since we are only missing two of the four?
Mr. Benson responded we need all four pumps.
Entrance Monuments
Mr. Ziko asked will we be allowed to do the monuments since it was included in the
negotiation if we go into a contract with them?
Mr. Cox responded I am not certain whether or not he will allow us to actually build the
monument until we officially close,
Mr. Ziko asked will Collier County approve it once we have the contract?
Mr. Cox responded yes.
Mr. Ziko stated all we have to do is reactivate the sign company. How close are we on
this?
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Mr. Cox responded once we have the signed contract we can begin the permitting
process.
Mr. Ziko asked how do we stand with the sign company?
Mr. Cox responded Mr. Dick is working with the sign company,
Mr. Gatti asked are we going to allow Orchid Cove put in a monument as part of our
agreement with them?
Mr. Cox responded this is the agreement with the property developer on Cays Drive. The
other issue with regards to the entrance monument has to do with the easements on the hotel
property.
Ms. Dillon asked is this part of our discussion for item eight?
Mr. Cox responded yes.
Discrepancv between Gallons of Water Pumped and Gallons Billed
Mr. Cox stated this was no longer going to be on the open items list.
Mr. Ziko stated we have an increase in lost water which is directly affecting this item. 1
believe we should go over this issue in better detail when we discuss our monthly report.
Mr. Edge stated I am going to do further investigation this month to determine where this
water is going. I have a couple of ideas and as soon as 1 figure it out, I will let you know.
Bond Payoff Procedure
Mr. Teague asked do you consider this item cleared?
Mr. Ziko responded you can remove it from the list.
Proposed Fire Station
Mr. Ziko stated we will let this remain on the list until we get further direction from Mr.
Cox.
Mr. Cox stated you can either leave it on the open items list or 1 can discuss the
acquisition during my report,
Mr. Ziko stated this is a good idea and we can remove it from the list.
Mr. Mack stated Mr. Gatti and 1 attended a meeting with Collier County, and according
to them we are scheduled for 2008 or 2009. 1 am not certain what this means, but I just want the
Board to understand they are aware of our need and wanted to see where we stood, We can
move from there and hopefully development will commence.
Mr. Ziko stated 1 believe we are moving as quickly as possible.
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SEVENTH ORDER OF BUSINESS
This item was tabled.
Presentation by New RV Park Owner
EIGHTH ORDER OF BUSINESS Discussion of Signage Issues and District
Property Right-of-Ways
Mr. Bissell stated there is much pressure to try to get this taken care of. Can we remove
those signs?
Mr. Cox responded a couple of weeks ago 1 drafted a proposed rule which we will be
advertising for a public hearing. However, there is not enough time to advertise it for the next
meeting. We will go through a rule development process and once we adopt the rule it will
basically state any sign which is on CID property must have the CID's permission, Without your
permission, the sign will be removed and we will include the waiver provision stating anytime
you happen not to, it does not mean you cannot come back in two or three days to take it down.
Mr. Gatti asked are we going to have a process in which an individual can come to the
elD and ask for permission to have a permanent sign on ClD property?
Mr. Cox responded according to the first paragraph, signs should not be erected on ClD
property without the Board's permission.
Mr. Gatti stated I believe Orchid Cove is going to ask for some sort of a sign on their
property. Mr. Motwani is opening his business and 1 assume he will want to put up signs.
Mr, Motwani stated / used to be on C/D property and now there is a large extension we
have put up, but the monument was removed.
Mr. Cox stated we cannot permit a commercial sign in conjunction with our signage
program due to the proximity ofthe signs to each other.
Mr. Motwani stated / am entitled to have one,
Mr. Cox stated I understand this, but it must be permitted under the Collier County
permitting process.
Mr, Motwani stated the median belongs to you and the monument will be put up with
Collier County approval, which is what / am asking for,
Mr. Cox stated we would add detail, but they basically need the Board's approvaL I can
go into. detail with regards to submission of the application.
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Mr. Gatti stated I do not want everyone asking permission to put up signs. We must
organize this and make it presentable to the area in order to ensure it serves their purpose as well
as ours.
Ms. Dillon stated the county will not allow it.
Mr. Cox stated the county code will not allow too many signs in close proximity,
Mr. Gatti stated they may allow one sign incorporating all of those names. I have seen
them all over the county.
Mr. Lambert asked do we need to wait to see what someone gets permission for after
which they have to ask our permission to put it on our property?
Mr. Cox responded they need our permission before they can do this. We will have to be
involved in the process at the application point. They must also have their design ready, which
they must show us before they submit it to Collier County,
Mr. Lambert stated 1 envision more than one person being involved in this, Are they
going to come up with an agreement?
Mr. Molwani responded Orchid Cove already has it and they are going to put up one
more, 1 spoke to Mr. Agnelli, and he gave me approval to put up the other sign. They will allow
me to put up an 80 squarefoot sign. They are trying to work with me,
Ms, Dillon asked on what property arc you trying to put up the sign?
Mr. Molwani responded 1 am trying to put it on Orchid Cove's property.
Mr. Cox stated we do not get involved in this,
Mr, Motwani stated 1 want to put one on the boulevard There used to be a monument for
all the signs,
Mr. Cox stated the Board believes this is problematic, It needs to be coordinated with all
the other property owners, such as the RV Park and the Gun Club with regards to one sign or a
combination.
Mr, Motwani stated 1 am not certain when they are going to be ready. Orchid Cove
currently has a beautiful sign, and they are sold out completely. However, the hotel needs
exposure with a sign immediately, not six months from now.
Mr. Cox stated are you willing to agree to let those parties know you are going to allow
them to modify your sign as part of the approval process?
Mr. Motwani responded yes, as long as they pay for and share the extension.
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February 9, 2007
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Mr. Ziko asked did you get approval from the county to put those banner signs up?
Mr. Motwani responded banners do not require county approval.
Ms. Dillon stated banners require a permit.
Mr. Ziko stated you must have a permit. They are not allowed according to Collier
County signage. Those banners also look terrible. They degrade the community and I want to
know if you got a permit to put them up,
Mr, Motwani stated I will go to the county.
Ms, Dillon stated Mr. Motwani can obtain a permit from the county, but he must have an
approved design.
Mr. Cox stated the developer must prepare everything, and the Board must ensure it is up
to standards, after which we sign a letter stating we are willing to approve it as long as they have
the capacity for the project. They must prepare everything to be submitted to the county and
come to us for permission to put it on our property in order for them to submit their application
to the county. You must review everything they prepared to give to the county, and ensure it
conforms with what you have in mind along with your input.
Ms. Dillon stated the sign can say Port of the Islands Hotel at this point. If the RV Park
is developed and the Gun Club wanted to add to the sign, will they have to redo the sign Mr.
Motwani has already put up?
Mr. Cox responded in order to comply with Collier County they cannot have multiple
signs in this area.
Ms. Dillon stated it will be the same sign redone.
Mr. Cox stated 1 am not certain how they will redo it which is why it is best if they
discuss this before the sign is designed.
Mr, Motwani stated what the R V Park and Gun Club are doing is a couple of years down
the road and I need this sign quickly.
Mr. Cox stated I understand it is going to take time to accomplish this, but you should
consider designing a sign with room to add separate plaques for the RV Park and Gun Club,
rather than having to tear it down and build an easement.
Mr, Motwani asked do the signs on Route 41 which say, Port of the Islands belong to the
state or the CID?
Ms, Dillon responded those are FDOT signs,
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February 9, 2007
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Mr. Ziko stated the sign we had there before was just a small sign,
Ms. Dillon stated it was a two-sided sign which said the same thing on both sides.
Mr. Gatti stated you have an immediate problem, which we recognize. Your first step is
to get approval from this Board to put up a sign on our property, after which you will get the
county's approval. However, you must keep in mind some day in the not too distant future the
sign is going to have to be changed to accommodate other companies. Perhaps you can get a
sign which we will approve independent of anything else in order to satisfy your immediate
need.
Mr. Motwani stated I have a business card which I can bring to you which says, Port of
the Islands Executive Hotel.
Mr. Gatti asked are they all POI hotels?
Mr. Bissell responded yes.
Mr. Gatti stated we should deal with the sign issue,
Mr. Motwani stated perhaps you can allow me to put up a bi-fold sign which allows me
reasonable time, is inexpensive with your conditions, and when the other people are ready we
can put the monument up,
Mr. Lambert stated bring us the specifications of what you are going to be putting up.
Ms. Dillon stated it must be similar to our other signage.
Mr. Gatti stated since 1 am certain you want it to look nice, be sure it is similar to our
logo. Perhaps you can prepare a sign to exclusively fit your needs with the understanding it is
going to come down in the future when these other entities come in. We will probably do this
three or four times before this is over.
Mr. Lambert stated we want to see what he is going to do before he spends the money to
build the sign.
Mr. Gatti stated you must get our permission first, after which you go to the county for
their approval.
Mr. Motwani asked do you need a monument sign which is going to be a reasonable
billboard size?
Mr. Gatti responded you should show us what you want to do.
Mr. Lambert stated I believe there was a design drawing for a sign we were going to put
up there, and perhaps we could give it to Mr. Motwani to work from.
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Mr. Motwani stated perhaps you can give it to me and I can go to the county for
approval. The season is almost over and in two months I will be sitting empty again, but the
sooner I can show people, the better for my business,
Ms. Dillon asked does the signage issue also apply to Retreat Del Sol as well as the
temporary signs?
Mr. Cox responded I spoke to Mr. Soto with regards to the Retreat Del Sol sign and 1
thought he was going to be here today, but he is not. Therefore, I will follow up,
Mr, Motwani asked after I follow up with him and get it approved by you, will it be
acceptable?
Ms. Dillon responded you must bring us the drawings,
Mr, Motwani stated once you have seen and approved it, will it be acceptable?
Mr. Lambert responded we are not approving anything today.
Mr, Motwani stated I understand this. I am just going to get it from him and do it exactly
the way it is supposed to be done.
Mr. Bissell asked if there is an easement on the property which the landowner has given
us, can we use the same easement?
Mr. Cox responded yes, as long as it does not interfere with your easement rights for the
purpose for which it was granted.
Mr. Bissell asked if the landowner decides to utilize the easement, are we still obligated
to maintain it?
Mr. Cox responded having an easement is a permissive right which does not impose an
obligation.
Mr. Lambert stated when you have a discussion with them taking over the system, we
should determine who is going to handle maintenance and other issues there,
Mr. Bissell asked are they aware we have an easement?
Ms, Dillon responded 1 believe so, since they own property on either side of the road.
Mr. Cox stated since they did the title work, it will be on the survey,
Mr. Benson stated there is a landscaping easement which measures 80' x 80'.
Ms. Dillon stated this is not our responsibility to maintain,
Mr. Benson stated when the CID wanted to maintain it as a landscaped area, you had to
get an easement before you were able to plant trees along with any other work which was done.
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February 9, 2007
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Ms. Dillon stated I do not believe we did anything there.
Mr. Lambert stated we probably performed necessary maintenance, but we need to
determine whether we should continue to maintain it or if they want to take this over.
Ms. Dillon stated we must determine whether or not they should take it over as opposed
to want. We need to determine if they pay Soto who bills them for a portion.
Mr. Bissell stated we should tell them they can maintain it.
Ms. Dillon stated perhaps Soto did it along with the median which is ours, but they paid a
portion for what he maintained for them,
Mr. Ziko stated they are obviously putting up a sign.
Mr. Cox stated 1 have been in situations in which we took over landscaping, but the
medians were taken over by the developer because they had different hiring standards than the
county provided. Therefore, they may want to take over the maintenance cost for some
landscaped areas we have on Union Road and up through their area, I will talk to them and
determine what works best for everyone,
Mr. Bissell stated I understand we have an easement which measures approximately 5' on
each side of Union Road, but we have been mowing approximately 25' back. Do we want to
continue mowing in our easement?
Mr. Lambert responded 1 do not believe we were mowing in the area of the sprinklers on
the left side of Union Road.
Mr. Bissell stated we did so before. What about the area on the west side?
Mr. Lambert responded I do not believe we currently have anything to maintain there
other than the median. They own on both sides of the road.
Mr. Benson stated you have a 70' right-of-way for the road and the edge of the pavement
for each side is within 70'. Are you trying to determine how many feet you are mowing the
grass inside the right-of-way from the edge of the pavement onto their property?
Mr. Bissell responded we have been in the past.
Ms. Dillon asked are you also referring to Newport?
Mr. Bissell responded I am referring to Newport and Cays Drive. They are mowing
beyond our easement on the east side in the area of the sidewalk.
Mr. Ziko stated they are mowing on the other side,
Mr, Bissell stated this area does not belong to us,
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February 9, 2007
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Mr. Lambert stated 1 believe they are just trying to make it look better.
Mr. Bissell stated we are paying for it.
Mr. Lambert stated this is not a problem ifthe community looks better.
Ms, Dillon stated you do not want the grass growing up on the sidewalk.
Mr. Gatti asked did we resolve all of our signage issues?
Mr. Bissell responded we have not resolved them yet. Are we going to enforce it by the
March meeting?
Mr. Cox responded you will have a public hearing during the March meeting and you
may be able to adopt it at this meeting, However, there is an appeal period of approximately 28
days before it becomes effective after you adopt it.
Mr. Bissell stated if 1 want to put a sign in Mr. Lambert's front yard, there is nothing he
can do about it until after he comes up with a policy.
Ms, Dillon stated that is private property.
Mr. Bissell stated these signs are on CID property.
Mr. Cox stated you can remove signs which are on your property.
Mr. Ziko asked should this issue be resolved at the hearing?
Ms, Dillon responded we want to have a policy with regards to SIgns in the event
someone asks about it when they are pleading their case to put up a sign. Once we adopt this
policy at the next meeting we can remove all illegal signs.
Mr. Cox stated you can remove them now, but you have to come back to me in order to
prepare a policy.
Ms, Dillon stated we did not want to go through this on a case by case basis.
Mr. Bissell stated people ask me about this all the time.
A resident stated you cannot see the POI sign.
Mr. Bissell stated there are business signs there they do not want because they are in
competition.
The resident stated can one sign be removed and replaced by a POI sign?
Ms. Dillon responded 1 believe this is what is going to happen.
A resident stated there is a sign on Newport Drive behind their median where the marina
is. Do you know who owns it?
Ms, Dillon asked what does the sign say?
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The resident responded The Cays at Port of the Islands,
A resident stated it is a beautiful sign which needs lVork.
A resident stated I want to know who owns it,
Ms. Dillon stated we do not know who owns it, but there is one on our side.
Mr. Cox stated perhaps they are directional signs,
Ms. Dillon stated my husband cleaned it up and he is painting it.
A resident stated we wanted to do the same thing
Ms, Dillon stated I do not have a problem as long as you keep the same colors with the
egret logo,
Mr. Ziko stated we can exempt the sign.
Mr. Cox stated you should identify a list of the signs we are going to allow.
Mr. Ziko stated we are concerned with For Sale signs, Ec%urs and other commercial
and advertising signs which do not belong.
Mr. Lambert asked who is going to compile the list for Mr. Cox?
Ms. Dillon responded I will take care of this.
TENTH ORDER OF BUSINESS Audience Comments
A resident stated when I moved here I told visitors to turn into Cays Drive. Since it is
missing, are we going to gel a new Cays Drive sign?
Mr. Bissell responded this gentleman has been working on this for more than two years.
Mr. Edge stated there are 10 spotlights there, only one of which is working. All of the
rest are broken off.
Mr. Bissell stated they were waiting to do this all at once.
Ms. Dillon stated when we get all the signs in we are going to repair the lights.
A resident stated people cannot find my community. I understand from the Board's
discussion, it is up there illegally and is not properly permilled I believe you should remove it
and put our own signs back up there at their expense since they took ours down. This should not
be negotiated, and I believe many of my neighbors share the same opinion.
Mr. Ziko asked what are we supposed to do?
Mr. Cox responded I thought Mr. Gassoway would be here to talk to the Board, but he
was not able to attend.
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February 9, 2007
Portoft!I~a11.D. A
Mr. Lambert stated we should all call the county and tell them we want a sign two miles
down the road saying Port of the Islands.
Mr. Bissell stated someone already contacted the county about this.
A resident stated they stole something from us. Why are we discussing this?
Ms. Dillon responded I understand your frustration, but we wanted to handle this
appropriately in order to avoid more signage issues in the future. 1 was hoping the gentleman
would be here today so we could resolve this issue.
A resident stated I understand the issue with regards to the small signs you were
discussing, but this is on our property, We had something there which was taken away from us.
Mr, Lambert stated we are trying to go through a reasonable process since there is
obviously more than one sign involved. You can see the banners at the North Hotel. We are
trying to deal with an entire issue rather than just removing someone's sign and getting into an
argument.
The resident stated the way they have treated this issue with us, I do not understand why
we have to be so nice, We should take what is ours,
Mr. Bissell stated 1 believe something will be done with most, if not, all of these
problems as soon as we get this in writing, after which we can talk to them, negotiate or do
whatever is necessary.
Mr. Ziko asked do you have anything further on this?
Mr. Cox responded 1 do not.
Mr. Ziko stated we need him to negotiate with a sign for us and he owes us $155,000.
Mr. Cox responded he actually owes more than $315,000.
Mr. Ziko stated when he comes to you to approve the sign tell him to pay his taxes and
we will approve the sign.
Mr. Cox stated May 31, 2008 is the date for commencement of the tax deed process.
However, I assume they will not allow the property to go to tax deed sale, since they never have
in the past.
Ms. Dillon stated 1 want to know if there is a way to determine whether or not he is
permitted to open,
Mr. Ziko stated since his hotel blocked a fire exit, I do not believe it is legal.
Mr. Bissell stated they supposedly have plastic pipe in their sprinkler system.
55
'_....-.,,---_.""'--,.,...._._,~-_..,-------,-_.--_._------,._'_.-,.~-~_._-,----_._-_......-
February 9, 2007
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Ms. Dillon asked does he have a permit to do business?
A resident responded J am not certain. How can we find out?
Ms. Dillon responded 1 do not know how we can find out.
Mr. Lambert stated this is not the place to deal with this,
Ms. Dillon stated we are going through this entire procedure with a sign, and he may not
be operating a legal business.
Mr, Ferella stated J have two items to propose to the Boardforfuture consideration. As
of two weeks ago, the Sunset Cay Villas JJ community was been converted from Cablevision to
Direclv via satellite, which increased their channels from 55 to 155 plus local channels.
However, we lost Channel 11 which is the community bulletin board for advertising properly
announcements and everything throughout the community. I was wondering if the Board will
consider either having a website for community announcements or a community bulletin board
set up in the hotel in order to make everyone aware a/the meeting schedule as well as to
advertise real estate for sale throughout the community.
Mr. Bissell asked do you still work with the MDU Company?
Mr, Ferella re,ponded J still work with them.
Mr. Bissell asked can they possibly include this with one of the advertisements?
A resident re,ponded they are not going to do this because Building 15 is supposed to get
Directv Buildings 1 and 2 have it already and 16 and 17 should be getting it,
Mr. Lambert stated they have to send something up to the satellite and back down for this
to work,
Mr. Gatti asked how does this enter into the purview of the CID Board?
Ms. Dillon responded it does not. My husband and I have been discussing this since it is
a communications problem for all of POI, and has nothing to do with the CID. We have been
looking into how to set up a website, but part of the problem is the cost to administer it and how
it is going to be maintained, It is not a CID issue.
Mr. Cox stated there is a CDD at the Stoneybrook Golf Club in Estero, and they just
hired someone to do web work for them. They put up a fairly basic, but usable web page which
if! remember correctly, was less than $12,000 for the initial set up along with a fairly reasonable
monthly fee to help load agendas and minutes. In fact, you can teach someone to do this easily,
56
16/1 A
February 9, 2007
Port of the Islands e.I.D.
It has E-mail links for each supervisor which is separate from the regular E-mail account. You
can log into the web page and check any comments which have been sent to you.
Ms. Dillon asked can we post CID business?
Mr. Cox responded yes. 1 can contact the woman and possibly ask her to attend a
meeting and give you a presentation on what she does there and what she thinks she may do for
you.
Mr. Ziko stated I would like to hear about this.
A resident stated I am the fire captainfor the third community emergency response team
here at POI, and we provide immediate response to any disasters such as tornados, hurricanes,
and even closing the highway for an accident. We are here to provide protection to this
community. We tried to get a defibrillator donated for use to no avail, and I was wondering if
the CID will consider purchasing one for the entire District's use. It will have to be defiated in a
central location such as the hotel. Based on the average needs of the community residents, it is
of dire necessity to have one on the property.
Ms. Dillon stated I spent one year pursuing a gentleman who was going to donate one to
us. Part of the big problem was there was no central place to store it. The hotel declined due to
liability issues. The bottom line was there was no central location to store it which would be
open 24 hours per day, with someone to man it and someone to be there to call them. However,
if we can get this EMS and fire station we will not need a defibrillator because they will have
one or two.
Mr. Cox stated there was a tremendous effort in trying to get this done a couple of years
ago, but it was a risk management issue for a public facility like a hotel, and we were unable to
make it happen.
The resident asked do we have to wait until the EMS station is built?
Ms, Dillon responded we have no alternative unless you want to store it in your garage
and be responsible for it, and someone needs to be around 24 hours per day in the event someone
needs it at their home.
Mr. Gatti asked what is the name of the organization you represent?
The resident responded I represent the Certified Emergency Response Team which was
organized in 2003. I was promoted to Fire Captain as a result of my experience in firefighting
for several years. We also have a Search and Rescue Captain as well as nursing personnel. We
57
.. -,_..._--,--'~~_..,_.._-- "_'_-_'_'_"'._.,-~~,.,-,","",---~,._,_.,~- ,.,_.._'_...._-<.._,-_._."'-'"-=--~--~._,-,,~*~-~~.__.__..~,--_...,--_._.--
loll A
February 9, 2007
Port of the Islands e.I.D.
are presently conducting classes to reactivate a number of members who are located in this
community, and we have 18 to 20 people gelling trained and certified to become firefighters, We
are all certified in CPR and will be re-certified this year, We are the first responders at POI for
any emergency which arises,
Mr. Gatti asked did you sign into the county emergency group?
The resident responded yes.
Mr. Lambert asked do they alert you to handle emergencies?
Ms, Dillon responded I believe it is the other way around.
The resident stated we are hooked up with the countyfire department,
A resident statedfrom my point of view, S12,000 is quite high jiJr a website and there are
groups who handle CID and community associations,
Mr. Cox stated their site was extensive and included links for the golf club to put out
maps for the golf course along with different specials they were having.
The resident stated there is a magazine called The Community Association Journal,
which are free in advance because the hotel happens to be getting a number of them, You can
get group subscriptions at a reasonable price, and they are filled with information and
advertisements for everything you need. I have seen several which are designed for community
associations and J believe you can do some valuable work with this magazine.
Mr. Ziko stated 1 think we should listen to all of them. 1fMr. Cox can get this woman to
make a presentation, it will serve as a starting point from which we can proceed.
The resident stated there are other places which you can contact on the web itself
Ms, Dillon stated we spoke to Everglades City to try to piggy back on their site and they
were not interested.
The resident stated it is much easier to establish.
Ms, Dillon stated establishment is not the issue, but maintaining the site is more difficult.
Mr. Shucart stated 1 want to express my appreciation to Mr. Edge who took care of some
small items at the marina. He is efficient, has a respectful manner in which he does business and
I believe we are all fortunate to have him here, Also, I hope the Board and other members of the
community can have a better spirit of cooperation among the various entities. The hotel and
marina are part of the community and afJects your property values, I believe it is in our best
interests to try to get along. Issues are going to arise in which there will be differences of
58
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February 9, 2007
Port of the Islands e.I.D,
- #
opinion. Reasonable and rational discussions to work them out will promote the best resolution
to these issues. There were times over the past couple of years in which I attended meetings in
which Board members criticize the management of the hotel as well as their own people. This is
not really the way to get things done from a business standpoint. There is nothing which cannot
be worked out in which both parties are willing to look to the other side and be reasonable. For
example, there may be times when you have leverage over a certain person and they may have
done something which was not quite nice. Even though you have this leverage, it is not always
wise to use it since situations may arise which can come back and affect people badly. For
example, the hotel has been generous in donating this room every month for the meetings, they
were a stabilizing factor during the hurricane and they housed some people in the community
and never asked for anything in return. I believe it is important to have cooperation among the
parties with regards to these issues,
NINTH ORDER OF BUSINESS Supervisors' Requests
There not being any, the next item followed.
TWELFTH ORDER OF BUSINESS
Approval of December 31, 2006 Financial
Statements and Check Register
There being no questions or comments,
Mr. Lambert moved to approve the December 31, 2006 Financial
Statements and Check Register.
TENTH ORDER OF BUSINESS Audience Comments (Continued)
A resident asked what happened to this presentation?
Mr. Bissell responded he did not attend the meeting, This item was put on the agenda in
error.
The resident asked is there anything to report from over there?
Mr. Cox responded it was on last month's agenda and they did not attend, I do not
believe this is going to take place. At some point, they will have to come to us for a water and
sewer availability letter, at which time I believe we will get our presentation.
Ms. Dillon stated I believe they tried to develop a site development plan,
Mr. Cox stated I agree with you,
59
February 9, 2007
1611
Port of the Islands C.1.D.
A
TWELFTH ORDER OF BUSINESS Approval of December 31, 2006 Financial
Statements and Check Register
(Continued)
The Board continued with the approval of the December 31, 2006 financial statements
and check register.
[!vIs:.lJ2!lon~ec(:mded the pre~ious motio.i...
..=J
There being no further discussion,
On VOICE vote with all in favor the December 31, 2006 Financial
Statements and Check Register were approved.
THIRTEENTH ORDER OF BUSINESS
There being no further business,
Adjournment
l On 'MOTION by Ms, Dillon seconded by Mr. Ziko with all In
favor the meeting was adjourned at 1 :45 p,m.
\~-..-/
~7.J~~
Theodore Bissell
Chairman
60
16i1 A
Port of the Islands
Community Improvement District
Agenda
Friday
February 9, 2007
10:00 a.m.
Egret Room
25000 Tamiami Trail
Naples, Florida
I. Roll Call
2. Approval of the Minutes of the January 12, 2007 Regular Meeting and January 22, 2007
Special Meeting
3. Manager's Report
A. Consideration of Audit Fee Agreement Engagement Letter from Dufresne &
Associates to PerfonTI the Audit for the Fiscal Year Ending September 30, 2006
B. Acceptance of Financial Audit for Fiscal Year 2005
C. Discussion of Water Conservation Brochure
D. Discussion of Fire Station Land Financing
E. Field Manager's Report
4. Attorney's Report
5. Engineer's Report
6. Discussion of Open Items
7. Presentation by New RV Park Owner
8. Discussion of Signage Issues and District Property Right-of-Ways
9. Supervisors' Requests
10. Audience Comments
11. Discussion of District Financial Issues
12. Approval of December 31,2006 Financial Statements and Check Register
13. Adjournment
Naples Daily News
Naple>J, FL 34102
1611
A
Affidavil of Publication
Naples Daily News
+
--------1012U_
PORT OF THE ISLANDS
210 N UNIVERSITY DR #702
CORAl, SPRINGS FL 33071
Notice ofi~etjrig
Portofttle::Jsl<mds
Comm4ni!Y
Impr~.v~ent District
. -<",;,",- ;' ,-
Tlie'_'88afd . ofSl.!pervi.(~
sor's of_th~ Portaf t~
Islands Cl:lrflmlinitY,lm~i
prov~m.. '. n~:PL~tr._ic:t._:Wlfk.
ho.kt; lljeft}~tJliU'meet.!
Infrat'ltJiijbJ"A;M;,- on -.frL,
day. FebrllarY 9_;2()07. a,t.-
t~e__ E!;jret ~!l0v1:>25QOQ
Ta,mlami' T{all-;:'N_apJesi'
Florida.: The: ' g~-
oQ-el:lto. the;",:and
wULbe'''~j:l"-"-- lS~Jh
lfi!-c:ohfan ',_ ,'<t,h'f"
p(ovlsldh' _"tFlorlda -
Law for, comni~ityDe:
velopm,ent DistriCts.' " '
There" maibe' o~ca.
sions when_one><ir _!pore.
supervlsors',\IIlH"j)articl-
pate by fejephone,:.At~l,
the abOve locatlon'there
will bepresEmt-,a, $pei;lk~\':'
er telE!pt'lone,SO- that anY
Ifl,tE!rf):s:te'!t_:pID:~o.i\,_~.,!,c:
\ at~l:lIJ,d,'~~ ttieetm9<\'f--
theab6vfi2locatll:nl an<<;
De~ fully~iiironnedofthe
d iscusslons_'_taking.
place either;j" per?on, or.
by _ telephOne communi-
catior:L:,: ,"~",- '-!~
Any pej~o'll requiring
special' acc,o-rit)llO:d<:!-'
tlons, at. _this; Rl,eeting
becau!ie,ofa disal:lil!ty-
or ptjY$1t:il);;impairment
should, contact ,toe' pls-
tdct_9ffi9~i ~t, {~)75k_
5841 'atlea:st;tbreecal-
endarda~~priorJo the
meetiNh ;:,..;:
Eil:CI1','pm~m '~h()de'-
cides :t(j_~ppeaJ ~y,de:
cl$i()"'t:!ntad~ \!)y th-!,
Board-:WltfHres~ct ,tv;
any lllatt.er,":co,nSide. red
at'the meeting 'ls:advf~F
ed _ th., at: Pers..onW.J.." n. eed.
a rec(jri:t'oEttlePrQCeed~
fngs ",nd :dJ~~9lrding1'~
ly; the peJi$_OfI may"ee~,:;
to ensure that a verba-
tim record of the PfO-
ceediJJgs;,l,s: made,'in~
eluding the_'testimony
and evidenc.e' upon'
which sl)t!:i,appeal fs. t9::".
be based.; ... ..:
EdwilrctGoscicki ., ;
District Matlilger ',.
Fel;).2. '" No.1500582
REFERENCE,
010948
59341498
NOTICE OF MEETINGPOR
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, Florid~, 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
att:ached copy of advertisement; and aff iant
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,
02/02 02/02
AD SPACE,
FILED ON,
Signature
66.000 INCH
02/02/07
~~ -~~~~:~:-- - -;J :.. '/(- - - - - - --
(
. - - - - - - - +- - - - - - --
Personally known by me
U\OJt..&
'b 1+, day of _ ~<.Jo 2&Jl
c.k.A'Y,C{:.) (VnCL.il..eJ.
Sworn to and Subscribed before me this
Cllanel A. McDonald
Mi COMMISSION # DD110103 EXPIRES
June 29,2007
,1C.'iCEDTHRUTROYF"ININSlJRANCf,INC
16\1 A
DUFRESNE ~ AssOCIATES. CPA, PA
CUTIPII!D PUBLIC ACCOUNTANT!
MMLlNO ADDl!M:
1'011 Orrlcl 80x 1179
OlANG! PAU. FLORID" 32067-1119
www.duflt;s~cpu.com
MTELlITE OFFICE
237 NINTH AYfNUl NoaTH
I^ClSONVILL! BlACH. ftoIJD^ 32250
TELEPHONE: 904 27Q-M20
FACSIMILE 904 27o-M'll
MAIN OfFICE
337 STlLU AVfNUf.
ORANOI FAU. fLOl.lDA 31073
TELEPHONE: 904 27&-a9&)
FACSIMILE: 904 27"-466..'\
January 4, 2007
Board of Supervisors
Port of the Islands Community Improvement District
c/o District Manager
210 North University Drive, Suite 702
Coral Springs, Florida 33071
We are pleased to confirm our understanding of the services we are to provide
Port of the Islands Community Improvement District (the "District") as agreed
to in our engagement letter dated October 21, 2005 for the years ended
September 30, 2005, 2006 and 2007 (the "Engagement Letter"). This
engagement is subject to annual fee increases based on the change in the CPI
index. The applicable CPI index increased 3.1 %, resulting in a fee increase for
the September 30, 2006 audit in the amount of $511.50 for a total fee of
$19,011.50 plus expenses of $1,000. This assumes there will be three funds
presented in the September 30, 2006 financial statements as was the case for
the September 30, 2005 fmancial statements. Each additional fund will add
$5,670.50 to the total fee pursuant to the terms of the Engagement Letter.
Please sign the enclosed copy and return it to us to indicate that the District
agrees to renew our engagement with respect to all terms, including the
amended fees presented above.
Very truly yours,
~
,
(i~((,JA( P-A
Dufresne & Associates, CPA, PA
RESPONSE:
This letter correctly sets forth the understanding of Port of the Islands
Community 1m ov ent Dis 'ct.
Title: Chairman
Theodor
Date: February
--.... n
Severn q'rent Services
16Jl
A
-------..----
210 '.N 'Umverslty (Dn-Te, .suite 702 . CorafSpriTl{Js, rFL 33071 . 'ld(954) 753-5841 . 'f'ax..(954) 345-1292
February 9, 2007
Mr. Bissell:
Per the POI executed FY2005-2007 Audit Engagement Letter with the CPA Firm, Dufresne & Associates,
enclosed please find two (2) FY2006 Audit Fee Agreement Letters. In order for the FY2006 Audit for Port of the Islands
to begin, both these letters require your signature. Therefore, it would be greatly appreciated, if you would please sign
the 2 letters where indicated and return to my attention, at your earliest convenience.
Thank you for your assistance with this matter.
~~~
./
Barbara Galatis
Severn Trent Services
210 N. University Drive, Ste 702,
Coral Springs, FL 33071
It} I I n
1611 A
DUFRESNE & ASSOCIATES, CPA, PA
CERTIFIED PUBLIC ACCOUNTANTS
MAILING ADDRESS:
POST OFFICE Box 1179
ORANGE PARK. FLORIDA 32067-1179
\VWW.dufresnecpas.com
SATELLITE OFFICE
237 NINTH AVENUE NORTH
JACKSONVILLE BEACH, FLORlDA 32250
TELEPHONE 904270-1\1\20
MAIN OFFICE
357 STILES AVENUE
ORANGE PARK, FLORIDA 3207.3
TELEPHONE, 904271\-1\91\0
FACSIMILE, 904271\-4665
October 21, 2005
Board of Supervisors
Port of the Islands Community Improvement District
210 North University Avenue, Suite 702
Coral Springs, Florida 33071
We are pleased to confirm our understanding of the services we are to provide
Port of the Islands Community Improvement District (the "District") for the
years ended September 30, 2005, 2006 and 2007. We will audit the financial
statements of the governmental activities, the business-type activities, each
major fund, and the aggregate remaining fund information, which collectively
comprise the District's basic financial statements. The financial statements and
related footnotes will be prepared by the District and will include the following
additional information that will be subjected to the auditing procedures applied
in our audit of the financial statements:
L Management's discussion and analysis (prepared by the District)
2. Budgetary Comparison Schedule
In accordance with Government Auditing Standards, you will be required to
review and approve the final financial statements that reflect any adjusting or
reclassification entries prior to their issuance and have a responsibility to be in
a position in fact and appearance to make an informed judgment on those
financial statements. Further, you are required to designate a qualified
management-level individual to be responsible and accountable for overseeing
our services.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether vour
financial statements are fairly presented, in all material respects, in conformity
with U.s. generally accepted accounting principles and to report on the fairness
of the additional information referred to in the first paragraph when considered
in relation to the financial statements taken as a whole. Our audit will be
conducted in accordance with U.S. generally accepted auditing standards and
the standards for financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States, and will include tests
of the accounting records the District and other procedures we consider
16 11 A
necessary to enable us to express such an opmlOn. If our opinIOn on the
financial statements is other than unqualified, we will fully discuss the reasons
with you in advance. If, for any reason, we are unable to complete the audit or
are unable to form or have not formed an opinion, we may decline to express
an opinion or to issue a report as a result of this engagement.
We will also provide a report (that does not include an opinion) on internal
control related to the financial statements and compliance with laws,
regulations, and the provIsIOns of contracts or grant agreements,
noncompliance with which could have a material effect on the financial
statements as required by Govemment Auditing Standards. This report will
include a statement that the report is intended solely for the information and
use of the audit committee, management, and specific legislative or regulatory
bodies and is not intended to be and should not be used by anyone other than
these specified parties.
Management Responsibilities
Management is responsible for establishing and maintaining internal control
and for compliance with laws, regulations, contracts, and agreements. In
fulfilling this responsibility, estimates and judgments by management are
required to assess the expected benefits and related costs of the controls. The
objectives of internal control are to provide management with reasonable, but
not absolute, assurance that assets are safeguarded against loss from
unauthorized use or disposition, that transactions are executed in accordance
with management's authorizations and recorded properly to permit the
preparation of financial statements in accordance with generally accepted
accounting principles.
Management is responsible for making all financial records and related
information available to us. We understand that you will provide us with such
information required for our audit and that you are responsible for the
accuracy and completeness of that information. We will advise you about
appropriate accounting principles and their application and will advise you In
the preparation of your financial statements, but the responsibility for the
financial statements remains with you. As part of our engagement, we may
propose standard, adjusting, or correcting journal entries to your financial
statements. You are responsible for reviewing the entries and understanding
the nature of any proposed entries and the impact they have on the financial
statements. That responsibility includes the establishment and maintenance of
adequate records and effective internal control over financial reporting, the
selection and application of accounting principles, and the safeguarding of
assets. Management is responsible for adjusting the financial statements to
correct material misstatements and for confirming to us in the representation
letter that the effects of any uncorrected misstatements aggregated by us
during the current engagement and pertaining to the latest period presented
.
1611 A
are immaterial, both individually and In the aggregate, to the finanCIal
statements taken as a whole.
You are responsible for the design and implementation of programs and
controls to prevent and detect fraud, and for informing us about all known or
suspected fraud affecting the government involving (a) management, (b)
employees who have significant roles in internal control, and (c) others where
the fraud could have a material effect on the financial statements. You are also
responsible for informing us of your knowledge of any allegations of fraud or
suspected fraud affecting the government received in communications from
employees, former employees, grantors, regulators, or others. In addition, you
are responsible for identifying and ensuring that the District complies with
applicable laws and regulations.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements; therefore, our audit will Involve
judgment about the number of transactions to be examined and the areas to be
tested. We will plan and perform the audit to obtain reasonable rather than
absolute assurance about whether the financial statements are free of material
misstatement, whether from errors, fraudulent financial reporting,
misappropriation of assets, or violations of laws or governmental regulations
that are attributable to the District or to acts by management or employees
acting on behalf of the District. Because an audit is designed to provide
reasonable, but not absolute assurance and because we will not perform a
detailed examination of all transactions, there is a risk that material
misstatements may exist and not be detected by us. In addition, an audit is not
designed to detect immaterial misstatements or violations of laws or
governmental regulations that do not have a direct and material effect on the
financial statements. However, we will inform you of any material errors that
come to our attention, and we will inform you of any fraudulent financial
reporting or misappropriation of assets that comes to our attention. We will
also inform you of any violations of laws or governmental regulations that come
to our attention, unless clearly inconsequentiaL Our responsibility as auditors
is limited to the period covered by our audit and does not extend to matters
that might arise during any later periods for which we are not engaged as
auditors.
Our procedures will include tests of documentary evidence supporting the
transactions recorded in the accounts, and may include tests of the physical
existence of inventories, and direct confirmation of receivables and certain
other assets and liabilities by correspondence with selected individuals,
creditors, and financial institutions. We will request written representatiOns
from your attorneys as part of the engagement, and they may bill you for
responding to this inquiry. At the conclusion of our audit, we will also require
,~
1611
A
certain written representations from you about the financial statements and
related matters.
Identifying and ensunng that District complies with laws, regulations,
contracts, and agreements is the responsibility of management. As part of
obtaining reasonable assurance about whether the financial statements are
free of material misstatement, we will perform tests of the District's compliance
with applicable laws and regulations and the provisions of contracts and
agreements. However, the objective of our audit will not be to provide an
opinion on overall compliance and we will not express such an opinion.
Audit Procedures-Internal Controls
In planning and performing our audit, we will consider the internal control
sufficient to plan the audit in order to determine the nature, timing, and extent
of our auditing procedures for the purpose of expressing our opinion on the
District's financial statements.
We will obtain an understanding of the design of the relevant controls and
whether they have been placed in operation, and we will assess control risk.
Tests of controls may be performed to test the effectiveness of certain controls
that we consider relevant to preventing and detecting errors and fraud that are
material to the financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters
that have a direct and material effect on the financial statements. Tests of
controls are required only if control risk is assessed below the maximum level
Our tests, if performed, will be less in scope than would be necessary to render
an opinion on internal control and, accordingly, no opinion will be expressed lD
our report on internal control issued pursuant to Government Auditing
Standards.
An audit is not designed to provide assurance on internal control or to identify
reportable conditions. However, we will inform the governing body or audit
committee of any matters involving internal control and its operation that we
consider to be reportable conditions under standards established by the
American Institute of Certified Public Accountants. Reportable conditions
involve matters coming to our attention relating to significant deficiencies in
the design or operation of the internal control that, in our judgment, could
adversely affect the District's ability to record, process, summarize, and report
financial data consistent with the assertions of management in the financial
statements. We will also inform you of any nonreportable conditions or other
matters involving internal control, if any, as required by Government Auditing
Standards.
1~i'1 It
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other
confirmations we request and will locate any invoices selected by us for testing.
The audit documentation for this engagement is the property of Dufresne &
Associates, CPA, PA and constitutes confidential information. However,
pursuant to authority given by law or regulation, we may be requested to make
certain audit documentation available to the State of Florida or its designee, a
federal agency providing direct or indirect funding, or the u.S. General
Accounting Office for purposes of a quality review of the audit, to resolve audit
findings, or to carry out oversight responsibilities. We will notify you of any
such request. If requested, access to such audit documentation wi!! be
provided under the supervision of Dufresne & Associates, CPA, PA personneL
Furthermore, upon request, we may provide copies of selected audit
documentation to the aforementioned parties. These parties may intend, or
decide, to distribute the copies or information contained therein to others,
including other governmental agencies. Further, we understand that your
professional manager may wish to have access and! or obtain copies of certain
audit documentation. Prior to allowing access and/or providing any copies, we
wi!! require signed representations from your professional manager that assure
that our audit documentation will be handled in such a manner as to meet the
requirements of our professional standards.
Our fees are set forth on Schedule A. Our invoices for these fees wi!! be
rendered as work progresses and are payable on presentation. If we elect to
terminate our services for nonpayment, our engagement will be deemed to have
been completed upon written notification of termination, even if we have not
completed our report. You wi!! be obligated to compensate us for all time
expended and to reimburse us for all out-of-pocket costs through the date of
termination. The above fee is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances will not be
encountered during the audit. If significant additional time is necessary, we will
discuss it with you and arrive at a new fee estimate before we incur the
additional costs.
Government Auditing Standards require that we provide you with a copy of our
most recent external peer review report and any letter of comment, and any
subsequent peer review reports and letters of comment received during the
period of the contract. Our 2005 peer review report accompanies this letter. We
received no letter of comment. As a result of our participation in the peer
review program, your audit engagement may be selected for examination by our
peer reviewer during our peer review process.
1611 A
We appreciate the opportunity to be of service to the District and believe this
letter accurately summarizes the significant terms of our engagement. If you
have any questions, please let us know. If you agree with the terms of our
engagement as described in this letter, please sign the enclosed copy and
return it to us.
Very truly yours,
~6 ~~/(fft-;/;4
Dufresne & Associates, CPA, PA
RESPONSE:
This letter correctly sets forth the understanding of Port of the Islands
::mm',"~:ejft'~ict
Title:
Date:
1611 A
Schedule A
Fee Schedule
We agree to provide Port of the Islands Community Improvement District with
the aforementioned professional auditing services for the following fees:
Fiscal Year Ended
September 30,
Basic
Annual Audit
Services Fee
Preparation of
financial statements
includine: footnotes
Preparation of
entries to convert
to e:overnment-wide
2005 - 2007
$5,500 per fund
$1,000
$1,000
You will also be billed for travel and other out-of-pocket costs such as report
production, postage, etc. Additional expenses will not exceed $1,000.
Assuming two funds, the total fee for the above-mentioned items will not
exceed $14,000 for the year ended September 30, 2005. Pees are subject to
adjustment in 2006 and 2007 as a result of increasing costs at the rate
reflected by the change in the CPl index for September 30 of the preceding year
as compared to the current year.
Rates for Additional Professional Services
The fees above are for services to be performed in connection with the current
year audit only. If we are requested, or find it necessary, to perform additional
procedures related to the items outside the scope of the current year audit
procedures, we will discuss it with your professional manager and arrive at a
fee estimate to be included as an addendum to our agreement before we incur
the additional costs.
If it is determined that other non-audit services are necessary to complete the
audit, we will discuss the reasons with your professional manager and arrive at
a new fee estimate or determine who other than our firm will provide the
required non-audit services.
If it should become necessary for the District to request additional services as a
result of specific recommendations included in any report issued on the audit,
we will discuss the circumstances with you and arrive at a new fee estimate.
Rates for any additional services such will be charged at the rate of $95 per
hour. Arbitrage rebate services will be charged at $1,000 . $5,000 per report,
depending on the complexity of the financing and period of time for which the
report is required.
16 11 A
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
INDEPENDENT AUDITOR'S REPORTS, BASIC FINANCIAL
STATEMENTS AND REQUIRED SUPPLEMENTARY
INFORMATION
For the Year Ended September 30, 2005
DUFRESNE & ASSOCIATES, CPA, PA
367 STILES AVENUE
POST OFFICE BOX 1179
ORANGE PARK, FLORIDA 32073
(904) 278-8980 PHONE
(994) 278-4665 FAX
www.dufresnecpas.com
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
TABLE OF CONTENTS
FOR TlIE YEAR ENDED SEPTEMBER 30, 2005
1611
A
PAGE
INDEPENDENT AUDITOR'S REPORT
REQUIRED SUPPLEMENTARY INFORMATION:
Management's Discussion and Analysis (MD&A)
BASIC FINANCIAL STATEMENTS:
1
3
Government-wide Financial Statements:
Statement of Net Assets
Statement of Activities
Governmental Fund Financial Statements:
Balance Sheet - Governmental Funds 10
8
.9
Reconciliation of the Balance Sheet - Governmental Funds to the
Statement of Net Assets 11
Statement of Revenues, Expenditures and Changes in Fund
Balances - Governmental Funds 12
Reconciliation of the Statement of Revenues, Expenditures and
Changes in Fund Balances - Governmental Funds to the
Statement of Activities 13
Statement of Net Assets - Proprietary Fund 14
Statement of Revenues, Expenses and Change in Net Assets _
Proprietary Fund 15
Statement of Cash Flows - Proprietary Fund 16
Notes to Financial Statements 18
REQUIRED SUPPLEMENTARY INFORMATION:
Budgetary Comparison Schedule
Notes to Budgetary Comparison Schedule
ADDITIONAL ELEMENTS REQUIRED BY THE RULES OF THE AUDITOR
GENERAL:
Report on Compliance and on Internal Control over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed In Accordance with Government Auditing
&andwds 31
29
30
Management Letter 33
DUFRESNE & AsSOCIATES, CPA. PA
CERTIFIED PUBLIC ACCOUNTANTS
MAILiNG ADDRE.5S:
POST OFFICE Box 1179
ORANGE PARK. FLORIDA 32067-1179
W\V\v.dufresnecpas.com
1611
A
SATELLITE OFFICE
237 NINTH AVENUE NORTH
jACXSONVILLB BEACH. FLORIDA 32250
TELEPHONE: 904 270-8820
MAIN OFFICE
357 STILES AVENUE
ORANGEUR~~ORlDA~O~
TELEPHONE: 904 278-a980
FACSIMILE: 904 278-4665
December 19,2006
INDEPENDENT AUDITOR'S REPORT
To the Board of Supervisors
Port of the Islands Community Improvement District
Collier County, Florida
We have audited the accompanying financial statements of the governmental activities
of Port of the Islands Community Improvement District (the "District"), Collier County,
Florida (the "County") as of and for the year ended September 30, 2005, which
collectively comprise the District's basic fmancial statements as listed in the table of
contents. Th.ese fmancial statements are the responsibility of the District's
management. Our responsibility Is to express opinions on these financial statements
based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in
the United States of America and the standards applicable to fmancial audits
contained in Government Auditing Standards, issued by the Comptroller General of the
United States of America. Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the financial statements are free of
material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the fmancial statements. An audit also
includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall fmancial statement presentation. We
believe that our audit provides a reasonable basis for bur opinions.
In our opinion, the basic financial statements referred to above present fairly, in all
material respects, the fmancial position of the governmental activities of the District as
of September 30, 2005, and the changes in fmancial position thereof for the year then
ended in conformity with accounting principles generally accepted in the United States
of America.
In accordance with Government Auditing Standards, we have also issued a report
dated December 19, 2006, on our consideration of the District's internal control over
financial reporting and our tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements and other matters. The purpose of that
report is to describe the scope of our testing of internal control over fmancial reporting
and compliance and the results of that testing and do not provide an opinion on the
internal control over financial reporting or on compliance. That report is an integral
part of an audit performed in accordance with Government Auditing Standards and
1611 A
should be considered in conjunction with this report in considering the results of our
audit.
The Management's Discussion and Analysis and the budgetary comparison schedule
are not a required part of the basic fmancial statements but are supplementary
information required by accounting principles generally accepted in the United States
of America. We have applied certain limited procedures, which consisted principally of
inquiries of management regarding the methods of measurement and presentation of
the required supplementary. information. However, we did not audit the information
and express no opinion on it.
W~.~ ~ ~~/( f,4-( M-
Dufresne & Associates, CPA, PA
2
16 11 A
MANAGEMENT'S DISCUSSION AND ANALYSIS
(Unaudited)
The Port of the Islands Community Improvement District (the "District") Collier
County, Florida (the "County") management's discussion and analysis (MD&A) is
designed to provide an objective and easy to read analysis of the fmancial activities
based on currently known facts, decisions, and conditions. The MD&A provides a
broad overview and short-term and long-term analysis of the District's activities based
on information presented in the fmancial statements. Specifically, this information is
designed to assist the reader in focusing on significant financial issues, provide an
overview of the District's financial activity, and identify changes in the District's
financial position and its ability to address the next year's challenges. Finally, the
MD&A will identify any material deviations from the approved budget.
The information contained in this MD&A is only a component of the entire fmancial
statement report. Readers should take time to read and evaluate all sections of the
report, including the footnotes and other supplementary information provided.
FINANCIAL HIGHLIGHTS
. The District began the fiscal year with a net asset balance of
$1,298,674. The District's total revenues were $6,108,078, while total
expenses were $2,998,166.
. The District's net assets increased by $4,778,527.
. The District's total investment in capital asset projects net of related
debt was $3,972,801.
OVERVIEW OF THE FINANCIAL STATEMENTS
The District's basic fmancial statements are comprised of the 1) Government-Wide
Financial Statements, 2) Fund Financial Statements, and 3) notes to the financial
statements. This report also contains other supplementary information in addition to
the basic financials statements themselves.
Government-Wide Financial Statements
The Government-Wide Financial Statements provide readers with a broad overview of
the District's fmances, in a manner similar to a private-sector business. In addition,
the government-wide statements are prepared using the accrual basis of accounting.
The statement of net assets (Balance Sheet) presents information on the District's
assets and liabilities, with the difference between the two balances. reported as Net
Assets.
The statement of activities (Income Statement) presents information showing how the
District's net revenues changed during the most recent fiscal year. All changes in net
assets are reported as soon as the underlying events giving rise to the change occur
regardless of the timing of related cash flows. Thus revenues and expenses are
3
16 11 A
reported in this statement for some items that will only result in cash flows in future
fiscal periods.
The government-wide financial statements present functions of the District that are
principally supported by assessments. The governmental activities of the District
include general government activities and physical environment. The business-type
activities of the District include water and sewer.
The Government-wide [mancial statements are found on pages 11-12 of this report.
Fund Financial Statements
The Fund Financial Statements provide readers with an overview of each fund and its
related function in a traditional format. A fund is a grouping of related accounts that
maintains control over resources that are segregated for specific activities or
objectives. The District, like other state and local governments, uses fund accounting
to ensure and demonstrate legal compliance with [mance-related legal requirements.
The District utilizes three funds, the General Fund and the Debt Service Fund which
are governmental funds and the Water and Sewer Fund which is a proprietary fund.
Governmental funds are used to account for essentially the same functions reported
as governmental activities in the government-wide financial statements. However,
unlike the government-wide financial statements, the governmental fund financials
statements focus on near-term inflows and outflows of spendable resources, as well as
on balances of spendable resources available at the end of the fiscal year. Such
information may be useful in evaluating a government's near-term financing
requirements.
The focus of governmental funds is narrower than government-wide financial
statements, and it is therefore useful to compare the information presented for
governmental funds with similar information presented in the Government-Wide
Financial Statements. By comparing and contrasting, readers may better understand
the long-term impact of the District's near term financing decisions. Reconciliations
facilitate this comparison between the governmental fund and government-wide
activities, as shown on the Reconciliation of the Balance Sheet - Governmental Funds to
the Statements of Net Assets and the Reconciliation of the Statement of Revenues,
Expenditures and Changes in Fund Balances - Governmental Funds to the Statement of
Activities.
The District adopts an annual appropriated budget for its General Fund and Debt
Service Fund. A budgetary comparison schedule is provided in the Required
Supplementary Information for the General Fund to demonstrate compliance with the
budget.
The basic governmental fund financial statements can be found on pages 12 and 14 of
this report. The reconciliations between the governmental funds and governmental
activities reported in the government-wide [mancial statements can be found on pages
13 and 15.
4
16 11 A
The District has one proprietary fund. Enterprise funds are a type of proprietary fund.
Enterprise funds are used to report the same functions presented as business-type
activities in the government-wide [mandal statements. The District uses enterprise
funds to account for its water and sewer activities.
Proprietary funds provide the same type of information as the government-wide
[mandal statements, only in more detail. The basic proprietary fund financial
statements can be found on pages 16-19 of this report.
Notes to the Financial Statements
The notes provide additional information that is essential to a full understanding of
the data provided in the Government-Wide and the Fund Financial Statements. These
notes to the [mandal statements are located beginning on page 20 of this report.
Other Information
In addition to the basic [mandal statements and accompanying notes, this report also
presents ce.rtain required supplementary information concerning the District's budget
to actual results for the General Fund. The required supplementary information can
be found on page 31 of this report.
GOVERNMENT-WIDE FINANCIAL ANALYSIS
As noted earlier, net assets may serve over time as a useful indicator of a government's
financial position. In the case of the District, assets exceeded liabilities by $1,054,015
at the close of the fiscal year ended September 30, 2005.
By far the District's largest portion of net assets (77.60%) reflects its investment in
capital assets (e.g., land, building and equipment); less any related outstanding debt
used to acquire those assets. The District uses these capital assets to provide services
to citizens; consequently, these assets are not available for future spending. Although
the District's investment in its capital assets is reported net of related debt, it should
be noted that the resources needed to repay this debt must be provided from other
sources, since the capital assets themselves cannot be used to liquidate these
liabilities.
DJshil;::t Not A..eta at Soptember 30, 2005
Oovoanmontat AoUvJtJ.. BasIQ....Typ.. AoUviUe. ToW
2004 2005 200. 2005 2.004 2005
A8s&Te
CUnent aNe't8 $ 502,314 $1,254,062 $ 292,117 $ 1,077,487 $ 794,431 $2,331.549
Capital asset.. 919.666 729,050 4.153.777 3.986,644 5.073.443 4.715.694
Total ^..'ot. 1.421.980 1,983,112: 4.445.894- 5,064.131 5.867.874 7.047.243
LIABlLJ'rIES
CUlTent e.nd other llllbDItJes 1.120.005 49,097 59.195 40.945 1.179.200 90.04~
Loog-tenn liabilitie4 3.300.000 880.000 3.390,000 880.000
Totd J..JabJUU.. 4,510,005 929.097 59,195 <40,945 4,569,200 970.04~
MET ABSlt'l'a
rnvelllted in capital asseta. .net 01
r-elateddebt (2,680.334) {13.843l 4,144.043 3,986,644 1.463,709 3,972.801
Ro.trlcted 180,035 26.256 21,850 23,338 201,885 49,594
Unn:,.tricted 1587,726] 1.041,602 220.806 1,013.204 {366,9201 2,0$4.806
TOTAL NBT ASSETS $ 13,088.025J =il1.0~4,015 $ 4.386.699 $ 5,023.186 $ 1,298,6'74 $6,077.201
5
1611 A
District Changes in Net Assets for the Year Ended September 30, 2005
REVENUES
General Revenues:
Charges for services $ $ $ 480,333 $ 1,196,858 $ 480,333 $ 1,196,858
Program Revenues:
Assessments 1,130,523 4,127,751 1,130,523 4,127,751
Interest revenue 5,274 21,795 1,716 6,799 6,990 28,594
Miscellaneous 752 754,875 752 754,875
Total revenues 1,136,549 4,904,421 482,049 1,203,657 1,618,598 6,108,078
EXPENSES
General government 450,127 205,507 450,127 205,507
Physlc& environment 175,995 277,150 175,995 277,150
Interest on long-rem debt 343,875 279,724 343,875 279,724
Water and sewer 511,502 567,170 511,502 567,170
Total expenses 969,997 762,381 511,502 567,170 1,481,499 1,329,551
Change in net assets 166,552 4,142,040 (29,453) 636,487 137,099 4,778.527
Net assets. beginning of year (3,254,577) (3,088,0251 4,416,152 4,386,699 1,161,575 1,298,674
NET ASSETS, END OF YEAR $ (3,088,025) $ 1,054,015 $ 4,386,699 $ 5,023,186 $ 1,298,674 $ 6,077,201
Governmental Activities
Governmental activities increased the District's net assets by $4,142,040. Key
elements of this increase are as follows.
Governmental Aotivities
2004 2005
Bustness.Typo Activities
2004 2005
Total
2004 2005
Revenues are made up primarily of assessments. Expenses are made up of costs to
maintain the facilities of the District and administrative costs.
Business-type activities
Business-type activities increased the District's net assets by $636,487. The key
element of this increase was charges for services were higher than they were in the
previous year.
Financial Analysis of the District's Funds
Governmental Funds
The focus of the District's governmental funds is to provide information on near-term
inflows, outilows, and balances of spendable resow'ces. Such information is useful in
assessing the District's financing requirements. In particular, unreserved fund
balance may serve as a useful measure of a government's net resources available for
spending at the end of the fiscal year. At the end of fiscal year 2005, the District's
governmental funds reported combined ending fund balances of $1,100,858 an
6
1611 A
increase of $1,718,549 in comparison with the prior year. This increase is chiefly due
to an increase in assessments and a decrease in expenditures.
The General Fund is the chief operating fund of the District. At .the end of fiscal year
2005, unreselVed fund balance of the General Fund was $1,049,931. UnreselVed
fund balance represents 328% of the total General Fund expenditures. The fund
balance of the District's General Fund increased by $748,704 during the current fiscal
year. The key factor of this increase was an increase in assessments and a decrease
in expenditures.
The debt selVice fund has a fund balance of $50,927. The net increase in the fund
balance during the current year was $748,704. The total net increase was due to an
increase in assessments.
Proprietary funds
The District's proprietary fund financial statements provide the same type of
information found in the government-wide fmancial statements, but in more detail.
Unrestricted net assets of the Water and Sewer Fund at the end of the year amounted
to $1,013,204. Other factors concerning the fmancial position of these funds have
already been addressed in the discussion of the District's business-type activities.
Capital Assets and Debt Administration
Capital Assets
The District's investment in capital assets as of September 30, 2005 amounts to
$4,852,801 (net of accumulated depreciation). This investment in capital assets
includes land, improvement other than buildings, and equipment.
Long Term Debt
The District has Special Assessments Bonds, Series 1999 presently outstanding in the
amount of $880,000. The Bonds are due in annual principal installments every May 1.
Interest is due semi-annually on May 1 and November 1 at a rate of 9.00%.
Budgetary Highlights
General Fund revenues were greater than budgetary estimates by $341,648 and
General Fund expenditures were less than budgetary estimates by $407,056.
. Requests for Information
This fmancial report is designed to provide a general ovelView of the District's fmances
for all those with an interest in the government's [mances. Questions concerning any
of the information provided in this report or requests for additional information should
be addressed to the Port of the Islands Community Improvement, District Finance
Department, 210 North University Drive, Suite 702, Coral Springs, Florida 33071.
7
161 1 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF NET ASSETS
SEPTEMBER 30, 2005
GOVERNMENTAL BUSINESS- 1YPE
ACTIVITIES ACTIVITIES TOTAL
ASSETS
Cash and cash equivalents $ 691,002 $. 808,419 $ 1,499,421
Investments 533,351 71,239 904,590
Assessments receivable 16,837 16,837
Accounts receivable 11,128 11,128
Other receivables 6,124 6,124
Prepaids and other assets 6,748 6,748
Restricted assets:
Temporarily restricted:
Cash and investments 26,256 23,338 49,594
Internal balances (163,363) 163,363
Capital assets 866,157 3,986,644 4,852,801
TOTAL ASSETS 1,983,112 5,064,131 7,047,243
LIABILITIES
Accounts payable and accrued expenses 16,097 17,607 33,704
Payable from restricted assets:
Interest payable 33,000 33,000
Deposits 23,338 23,338
Non-current liabilities:
Due within one year 145,000 145,000
Due in more than one year 735,000 735,000
TOTAL LIABILITIES 929,097 40,945 970,042
NET ASSETS
Invested in capital assets, net of related debt (13,843) 3,986,644 3,972,80 I
Restricted for:
Debt service 26,256 26,256
Other purposes 23,338 23,338
Unrestricted 1,041,602 1,013,204 2,054,806
TOTAL NET ASSETS $ 1,054,015 $ 5,023,186 $ 6,077,201
The accompanying notes are an integral part of the financial statements.
8
16 11 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF ACTMTIES
FOR THE YEAR ENDED SEPTEMBER 30, 2005
PROGRAM
REVENUES
NET (EXPENSE) REVENUE AND
CHANGES IN NET ASSETS
General revenues:
Assessments 4,127,751 4,127,751
Interest revenue 21,795 6,799 28,594
Miscellaneous 754,875 754,875
Total general revenues 4,904,421 6,799 4,911,220
CHANOES IN NET ASSETS 4,142,040 636,487 4,778,527
NET ASSETS - Beginning of Year (3,088,025) 4,386,699 1,298,674
NET ASSETS - End of Year $ 1,054,015 $ 5,023,186 $ 6,077,201
The accompanying notes are an integral part of the financial statements.
9
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
BALANCE SHEET - GOVERNMENTAL FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2006
DEm TOTAL
GENERAL SERVICE GOVERNMENTAL
FUND FUND FUNDS
ASSETS
Cash and cash equivalents $ 691,002 $ $ 691,002
Investments 533,351 533,351
Assessments receivable 16,837 16,837
Other receivables 6,124 6,124
Prepaids and other assets 6,748 6,748
Due from other funds 60,647 24,671 85,318
Restricted cash and investments 26,256 26,256
TOTAL ASSETS $ 1,314,709 $ 50,927 $ 1,365,636
LIABILITIES AND FUND BALANCES
LIABILITIES
Accounts payable and accrued expenses $ 16,097 $ $ 16,097
Due to other funds 248,681 248,681
TOTAL LIABILITIES 264,778 264,778
FUND BALANCES
Unreserved, reported in:
General fund - designated for roadway
maintenance
General fund - undesignated 1,049,931 1,049,931
Debt service fund 50,927 50,927
TOTAL FUND BALANCES 1,049,931 50,927 1,100,858
TOTAL LIABILITIES AND FUND BALANCES $ 1,314,709 $ 50,927 $ 1,365,636
The accompanying notes are an integral part of the financial statements.
10
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
RECONCILIATION OF THE BALANCE SHEET. GOVERNMENTAL FUNDS TO THE
STATEMENT OF NET ASSETS
FOR THE YEAR ENDED SEPTEMBER 30, 2006
FUND BALANCES - TOTAL GOVERNMENTAL FUNDS
Amounts reported for governmental activities in the statement of net
assets are different because;
Capital assets used in governmental activities are not reported in the
governmental funds.
Capital assets - net
Interest payable on long-term debt does not require current financial
resources and therefore is not reported as a liability in the
governmental funds Balance Sheet
Some long-term liabilities not due and payable in the current period
consist of:
Bonds payable
1611 A
$
1,100,858
866,157
(33,000)
NET A~SETS OF GOVERNMENTAL ACTlVlTIES
$
(880,000)
1,054,015
The accompanying notes are an integral part of the fmancial statements.
11
161 1 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCES. GOVERNMENTAL FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
DEBT TOTAL
GENERAL SERVICE GOVERNMENTAL
FUND FUND FUNDS
REVENUES
Assessments $ 1,053,866 $ 3,073,885 $ 4,127,751
Interest income 14,762 7,032 21,794
TOTAL REVENUES 1,068,628 3,080,917 4,149,545
EXPENDITURES
General government 151,998 109,224 261,222
Physical environment 167,926 167,926
Debt Service:
Principal 1,795,000 1,795,000
Interest 206,848 206,848
TOTAL EXPENDITURES 319,924 2,111,072 2,430,996
CHANGES IN FUND BALANCES 748,704 969,845 1,718,549
FUND BALANCES, Beginning of Year 301,227 (918,918) (617,691)
FUND BALANCES, End of Year $ 1,049,931 $ 50,927 $ 1,100,858
The accompanying notes are an integral part of the financial statements.
12
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCES. GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED SEPTEMBER 30, 2005
CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS
Amounts reported for governmental activities in the statement of activities
are different because;
Governmental funds report capital outlay expenditures. However, in the
statement of activities, the cost of those assets is depreciated over
their estimated useful lives.
Depreciation expense
For governmental funds, the repayment of long-term debt consumes
current fmancial resources. The transaction, however, has no affect
on net assets.
Principal payments
Some expenses reported in the statement of activities do not require the use
of current fmancial resources and, therefore, are not reported as
expenditures in governmental funds.
Change in accrued interest payable
CHANGES IN NET ASSETS OF GOVERNMENTAL ACTIVITIES
The accompanying notes are an integral part of the financial statements.
13
1611 A
$ 1,718,549
(53,509)
2,510,000
(33,000)
$ 4,142,040
1611 A
PORT OF THE ISLANDS COMlIWNITY IMPROVEMENT DISTRICT
STATEMENT OF NET ASSETS
PROPRIETARY FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2005
WATER AND
SEWER FUND
ASSETS
Current assets:
Cash and cash equivalents
Investments
Accounts receivable
Due from other funds
Total current assets
$ 808,419
71,239
11,128
163,363
1,054,149
Non-current assets:
Restricted assets:
Cash and cash equivalents
Capital assets
Total non-current assets
23,338
3,986,644
4,009,982
TOTAL ASSETS
5,064,131
LIABILITIES
Current liabilities:
Accounts payable and accrued liabilities
Current liabilities payable from restricted assets:
Deposits
17,607
23,338
TOTAL LIABILITIES
40,945
NET ASSETS
Invested in capital assets, net of related debt
Restricted for:
Other purposes
Unrestricted
3,986,644
23,338
1,013,204
TOTAL NET ASSETS
$ 5,023,186
The accompanying notes are an integral part of the financial statements.
14
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF REVENUES, EXPENSES AND CHANGE IN NET ASSETS
PROPRIETARY FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2005
The accompanying notes are an integral part of the financial statements.
15
1611 A
1 "
J~b 11 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF CASH FLOWS
PROPRIETARY FUND
FOR THE YEAR ENDED SEPTEMBER 3D, 2006
WATER AND
SEWER
FUND
CQsh flows from operQtlng Qctivitles
Cash received from customers $ 1,200,733
Cash paid to suppliers (306,615)
Cash paid to employees (90,664)
Net cash provided by operating activities 803,454
CQsh flows from noncQpital f1nQncing Qctivlties
Transfers out (163,020)
Net cash used in noncapital fmancing activities (163,020)
CQsh flows from capital Qnd related finQDClng Qctivities
Payments on lease payable (9,734)
Interest paid (406)
Net cash used in capital and related financing
activities (10,140)
Cash flows from investing Qctivitles
Net purchase of investments (7l,239)
Interest received 6,799
Net cash used investing activities (64,440)
Net increase in cash and cash equivalents 565,854
Beginning cash and cash equivalents 265,903
Ending cash and cash equivalents $ 831,757
Reconciliation of cash Qnd CQsh equivalents
to StQtement of Net Assets
Cash and cash equivalents in current assets $ 808,419
Cash and cash equivalents in non-current assets 23,338
Total cash and cash equivalents $ 831,757
The accompanying notes are an integral part of the fmancial statements.
16
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
STATEMENT OF CASH FLOWS
PROPRIETARY FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2005
(CONTINUED)
Reconciliation of operating income to net cash
provided by operating actlvftles
Operating income
Adjustments to reconcile operating income
to net cash provided by operating activities:
Depreciation
Change in assets and liabilities:
Accounts receivable
Prepaid expenses
Accounts payable and accrued liabilities
Deposits
Net cash provided by operating activities
The accompanying notes are an integral part of the fmancial statements.
17
WATER AND
SEWER
FUND
$ 630,094
167,133
2,387
12,356
(10,004)
1,488
$ 803,454
1611 A
POliT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
16/1
A
The accounting policies of Port of the Islands Community Improvement District (the
"District") conform to generally accepted accounting principles as applicable to
governmental units. The following is a summary of the more significant policies.
A. Reporting Entity
The District is a local unit of special purpose government located in Collier County,
Florida (the "County"), which was established pursuant to Ordinance No. 86-64
(the "Act") enacted by the County Commission of Collier County effective
September 16, 1986. The District was established for the purpose of establishing
and maintaining a water and sewer system, road and drainage systems, and other
systems and facilities as provided in Section 190 of the Florida Statutes.
The District is governed by a five-member Board of Supervisors (the "Board"). The
District operates within the criteria established by Chapter 190. The Board has
the final responsibility for: 1) assessing and levying maintenance taxes and special
assessments, 2) approving budgets, 3) exercising control over facilities and
properties, 4) controlling the use of funds generated by the District, 5) approving
the hiring and firing of key personnel, and 6) fmancing improvements.
The accompanying financial statements present the fmancial position and results
of operations of the District. Based on the application of Governmental Accounting
Standards Board ("GASB") Statement No. 14 (GASB 14), The Financial Reporting
Entity, there are no potential component units or related organizations that meet
criteria for inclusion in the District's basic financial statements.
B. Basic Financial Statements
The government-wide and fund fmancial statements along with the notes to the
financial statements comprise the basic fmancial statements.
The government-wide financial statements (i.e., the statement of net assets and the
statement of activities) report information on all of the activities of the District. For
the most part, the effect of interfund activity has been removed from these
statements. Exceptions to this general rule are charges between the District's
water and sewer function and various other functions of the District. Elimination
of these charges would distort the direct costs and program revenues reported in
the various functions concerned. Governmental activities, which are normally
supported by taxes and intergovernmental revenues, are reported separately from
business-type activities, which rely to a significant extent on fees charged to
external parties as their primary revenues.
The statement of net assets reports the District's fmancial position as of the end of
the fiscal year. In this statement, the District's net assets are reported in three
categories: invested in capital assets, net of related debt; restricted net assets; and
unrestricted net assets.
18
16il A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
B. Basic Financial Statements (continued)
The statement of activities demonstrates the degree to which direct expenses of a
given function or activity is offset by program revenues. Direct expenses are those
that are clearly identifiable with a specific function or activity. Program revenues
include charges for services that are directly related to a given function and grants
and contributions that are restricted to meeting the operational or capital
requirements of a particular function. Special assessment revenue and other items
not meeting the definition of program revenues are reported instead as general
revenues.
Separate financial statements are provided for governmental funds and proprietary
funds. Major individual governmental funds and major individual proprietary
funds are reported as separate columns in the fund fmancial statements.
C. Measurement Focus, Basis of Accounting and Financial Statement
Presentation
The government-wide fmancial statements are reported using the economic
resources measurement focus and the accrual basis of accounting, as are the
proprietary fund fmancial statements. Revenues are recorded when earned and
expenses are recorded when a liability is incurred, regardless of the timing of
related cash flows.
Governmental fund financial statements are reported using the current financial
resources measurement focus and the modified accrual basis of accounting.
Revenues are recognized as soon as they are both measurable and available.
Revenues are considered to be available when they are collectible within the
current period or soon enough thereafter to pay liabilities of the current period. For
this purpose, the District considers revenues to be available if they are collected
\vithin 60 days of the end of the current fiscal period. Expenditures generally are
recorded when a liability is incurred, as under accrual accounting. However, debt
service expenditures, as well as expenditures related to claims and judgments, are
recorded only when payment is dUe.
Assessments and investment earnings associated with the current fiscal period are
considered to be susceptible to accrual and so have been recognized as revenues in
the current fiscal period.
When both restricted and unrestricted resources are available for use, it is the
District's policy to use restricted resources first, and then unrestricted resources
as they are needed.
Governmental funds are those funds through which most governmental functions
typically are fmanced. The measurement focus of governmental funds is on the
19
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
1611
A
C. Measurement Focus, Basis of Accounting and Financial Statement
Presentation (continued)
sources, uses and balance of current fmancial resources, The District has
presented the following governmental funds:
Maior Governmental Funds
The General Fund is the District's primary operating fund. It accounts for all
financial resources of the general government, except as those required to be
accounted for in another fund.
The Debt Servi<;e Fund is used to account for the resources accumulated and
payments made for principal and interest on long-term general debt of
governmental funds.
Maior Proprietarv Funds
The Water and Sewer Fund accounts for activities of the District's water
distribution system; sewage treatment plant; sewage pumping stations; and
collections systems,
The District has adopted GASB Statement No. 20, Accounting and Financial
Reporting for Proprietary Funds and Other Governmental Entities That Use
Proprietary Fund Accounting. This statement requires proprietary funds to apply all
applicable GASB pronouncements as well as those Statements and Interpretations
of the Financial Accounting Standards Board ("FASB"), Accounting Principles
Board Opinions, and Accounting Research Bulletins of the Committee on
Accounting Procedure, issued on or before November 30, 1989, which do not
conflict with or contradict GASB pronouncements. As also provided by Statement
No. 20, the District has elected not to adopt any FASB statements issued after
November 30, 1989 unless so directed by GASB.
Proprietary funds distinguish operating revenues and expenses from non-operating
items, Operating revenues and expenses generally result from providing services
and producing and delivering goods in connection with a proprietary fund's
principal ongoing operations.
The principal operating revenues of the District's proprietary funds are charges to
customers for sales and services. Operating expenses for proprietary funds include
the Co.st of sales and services, administrative expenses, and depreciation on capital
assets. All revenues and expenses not meeting this definition are reported as non-
operating revenues and expenses.
20
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUEDj
D. Budgets and Budgetary Accounting
Annual budgets are adopted for the General, Debt Service, and Water and Sewer
Funds and approved by the Board. Budgets are adopted on a basis consistent with
generally accepted accounting principles. These budgets are financial plans
approved in the manner authorized by law, but not subject to appropriation.
Presentation of budget to actual comparisons have not been presented for the Debt
Service and Water and Sewer Funds in these financial statements as this
disclosure is not required by generally accepted accounting principles.
E. Deposits and Investments
Cash deposits are held by banks qualified as public depositories under Florida law.
All deposits are insured by Federal depository insurance and collateralized with
securities held in Florida's multiple financial institution collateral pool as required
by Chapter 280, Florida Statutes.
Investments consist of amounts placed With the State Board of Administration
("SBA") for participation in the Local Government Surplus Funds Trust Fund
Investment Pool ("Investment Pool"), created by Section 218.405, Florida Statutes,
and investments in money market funds. The investment pool operates under
investment guidelines established by Section 215.47, Florida Statutes. The
District's investments in the Local Government Surplus Funds Trust Fund, a
Securities and Exchange Commission Rule 2a-7-like external investment pool, are
reported at fair value which is amortized cost. Investments in money market funds
and are reported at fair value. Types and amounts of investments held at fiscal
year-end are described in a subsequent note to the fmancial statements.
F. Restricted Assets
Assets are reported as restricted when limitations on their use change the nature
or normal understanding of the availability of the asset. Such constraints are
either externally imposed by creditors, contributors, grantors, or laws of other
governments, or are imposed by law through constitutional provisions enabling
legislation. Restricted assets represent cash deposits and investments set aside for
debt service payments, reserve requirements and customer deposits.
G. Accounts Receivable
Accounts receivable consist of trade receivables. Receivables are recorded at their
net realizable value. The allowance for uncollectible accounts at September 30,
2005, in the proprietary funds is $387,334.
21
Ib 11 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
H. Capital Assets
Capital assets are defined by District as assets with an initial, individual cost of
$750 or more and an estimated useful life of more than one year. These assets are
recorded at historical cost. Donated capital assets are recorded at estimated fair
value at the date of donation. Capital assets are depreciated using the straight-line
method over the assets' estimated useful lives ranging from 5 to 48 years.
I. Long-term Obligations
In the government-wide fmancial statements, and proprietary fund types in the
fund financial statements, long-term debt and other long-term obligations are
reported as liabilities in the applicable governmental activities, business-type
activities, or proprietary fund statement of net assets. In the fund financial
statements, governmental fund types recognize premiums and discounts, as well
as bond issuance costs during the current period, Discounts received on debt
issuances are reported as other financing uses. Issuance costs, whether or not
\vithheld from the actual debt proceeds received, are reported as debt service
expenditures.
J. Net Assets/Fund Balances
Net assets represent the difference between assets and liabilities and are reported
in three categories as hereafter described, Net assets invested in capital assets, net
of related debt, represent capital assets, net of accumulated depreciation and any
outstanding debt related to those assets. Net assets are reported as restricted when
there are legal limitations imposed on their use by . legislation, or external
restrictions imposed by other governments, creditors, or grantors. Unrestricted net
assets are net assets that do not meet the defmitions of the classifications
previously described,
In the governmental fund fmancial statements, reservations of fund balance
represent amounts that cannot be appropriated or are legally segregated for a
specific purpose. Designations of fund balance represent tentative management
plans that are subject to change.
22
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
K. Assessments
Assessments are validated with the Collier County Property Appraiser and collected
by the Collier County Tax Collector. The key dates in the property tax cycle are as
follows;
Preceding Fiscal Year
Enforceable lien date
Assessment roll validated
Assessments levied
January 1
July 1
July 19
Current Fiscal Year
Beginning of fiscal year for which
assessments have been levied
Assessment bills rendered
Assessment due date
Delinquent tax lien
Tax certificates sold
October 1
November 1
March 31
April 30
June 1
L. Use of Estimates
The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions
that affect certain reported amounts and disclosures. Accordingly, actual results
could differ from those estimates.
2. FINANCIAL STATUS OF THE DISTRICT
As of September 30, 2005, the District was not in a state of fmancial emergency as
a consequence of conditions described in Section 218.503(1) Florida Statutes.
Several owners of the property within the District which are subject to the
assessment levies have failed to pay their property taxes and assessments when
due. In past years, these amounts had been paid either prior to, or as a result of
tax certificate sales. However, since 1999 approximately 30% of the District's
assessments remain uncollected when no one bought the tax certificates. As a
result, the District has been unable to maintain the reserve account required by
the Bond Indenture since May 1999, and has been unable to pay the Bond
obligations in a timely manner.
During the year, the District made payments of bond principal in the amount of
$1,795,000 and $715,000 was forgiven by the bondholder. At September 30,
2005, there is no amount due for matured bond principal and interest. The Debt
Service Reserve Account balance is $15,036 at September 30, 2005. The required
balance is $700,000.
23
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
3. CASH DEPOSITS AND INVESTMENTS
16/1
A
_ f
The composition of the District's cash, cash equivalents and investments, including
restricted investments, on September 30, 2005; was as follows:
Cash deposits
Fair Value
$ 1,522,759
Investment Pool
U.S. government money market fund
604,590
26,256
$ 2,153,605
The District's cash, cash equivalents and investments at September 30, 2005, are
reported as:
Cash and cash equivalents
Investments
Restricted cash and investments
Fair Value
$ 1,499,421
604,590
49,594
$ 2,153,605
Interest rate risk is the risk that changes in interest rates will adversely affect the
fair value of an investment. Generally, the longer the maturity of an investment
the greater the sensitivity of its fair value to changes in market interest rates.
Section 218.415(17), Florida Statutes, limits investment maturities to provide
sufficient liquidity to pay obligations as they come due. The District does not have
a formal investment policy that limits investment maturities as a means of
managing its exposure to fair value losses from increasing interest rates. None of
the District's investments have maturity dates.
Credit risk is the risk that an issuer or other counterparty to an investment in debt
securities will not fulfill its obligations. Section 218.415(17), Florida Statutes,
limits investments in money market funds to Securities and Exchange Commission
registered money market funds with the highest credit quality rating from a
nationally recognized rating agency, and investments in interest-bearing time
deposits to qualified public depositories, as defined in Section 280.02, Florida
Statutes. As of September 30, 2005, the District's investment in the Investment
Pool is unrated. The District's investments as of September 30, 2005, were rated
by Standard and Poor's and/or an equivalent nationally recognized statistical
rating organization and the ratings are presented below.
24
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
3. CASH DEPOSITS AND INVESTMENTS (continued)
Investments
Quality Ratings
Unrated AAA
Investment Pool
U.S. government money market fund
$ 604,590
$
26,256
Concentration of credit risk is the risk of loss attributed to the magnitude of a
government's investment in a single issuer. The District's investment policy places
no limit on the amount the District may invest in anyone issuer. As of September
30, 2005, the District's investments in any single issuer do not exceed 5% of its
total investments. Investments issued or explicitly guaranteed by the U.S.
government and investments in external investment pools, mutual funds and other
pooled investments are excluded from this requirement.
Custodial credit risk for investments is the risk that, in the event of a failure of a
counterparty, the District will not be able to recover the value of the investment or
collateral securities that are in possession of an outside party. The District's
investments with the Investment Pool and money market funds are not subject to
custodial credit risk because they are not evidenced by securities that exist in
physical or book entry form.
4. INTERFUND TRANSACTIONS
On September 30,2005, the District had the following due/to from other funds:
General
Water and sewer
Debt service
Due From
Other Funds
$ 60,647
163,363
24,671
$ 248,681
Due to
Other Funds
$ 248,681
$ 248,681
Balances due to/from other funds result from the time lag between the time
expenditures where incurred and when the transfer was made.
25
- -.
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
5. CAPITAL ASSETS
Capital asset activity for the year ended September 30, 2005, was as follows:
GovernmeniaJ Activities:
Capital assets, being depreciated:
Buildings and improvements
Equipment
Total capital assets, being depreciated
Less accumulated depreciation for:
Buildings and improvements
Equipment
Total accumulated depreciation
Total capital assets, being depreciated, net
Governmental activities capital assets, net
Balance
October 1,
2004
$ 1,654,858
15,613
1,670,471
738,325
12,480
750,805
919,666
Additions
Balance
September 30,
2005
Deletions
$ $
$
1,654,858
15,613
1,670,471
51,855
1,654
53,509
(53,509)
790,180
14,134
804,314
866,157
$ 919,666 $ (53,509) $
Balance
October 1,
2004
$ 90,480
90,480
5,636,137
88,648
5,724,785
1,610,421
51,067
1,661,488
4,063,297
$
866,157
All depreciation expense for governmental activities was charged to general
government.
Business-type activities capital assets, net
Additions
Balance
September 30,
2005
Business-type activities:
Capital assets, not being depreciated:
Land
Total capital assets, not being depreciated
Capital assets, being depreciated:
Buildings and improvements
Equipment
Total capital assets, being depreciated
Less accumulated depreciation for:
Buildings and improvements
Equipment
Total accumulated depreciation
Total capital assets, being depreciated, net
Deletions
$ $
$
90,480
90,480
5,636,137
88,648
5,724,785
160,869
6,264
167,133
(167,133)
1,771,290
57,331
1,828,621
3,896,164
$ 4,153,777 $ (167,133) $
26
$
3,986,644
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS .
FOR THE YEAR ENDED SEPTEMBER 30, 2005
6. LONG-TERM LIABILITIES
At September 30,2005, bonds payable consisted of the following:
Special Assessment Bonds, Series 1999; due in annual installments
through May 1, 2010; interest payable semi-annually at 9% $
880,000
Transactions for the year ended September 30, 2005 are summarized as follows:
Balance Balance Amounts
October I, September 30, Due Within
2004 Additions (Reductions) 2005 One Year
Bonds payable $ 3,390,000 $ $ (2,510,000) $ 880,000 $ 145,000
Matured principal payable 210,000 (210,0001
Total $ 3,600,000 $ $ [2,720,000) $ 880,000 $ 145,000
The annual requirements to amortize the bonds payable outstanding as of
September 30, 2005 are as follows:
Fiscal Year
Ending Special Assessment Bonds, Series 1999
September 30, Principal Interest Total
2006 $ 145,000 $ 69,338 $ 214,338
2007 160,000 62,550 222,550
2008 175,000 47,813 222,813
2009 190,000 31,725 221,725
2010 210,000 14,175 224,175
$ 880,000 $ 225,601 $ 1,105,601
27
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
7. RETIREMENT CONTRIBUTIONS
1 b ; 1
A
The District participates in a defined contribution pension plan. The plan is
qualified under Sections 401(a), 403(a) and SOl(a) of the Internal Revenue Code.
The plan is administered by independent trustees. All employees who meet the
one-year length-of-service requirement are qualified to participate. Employees are
prohibited from making voluntary contributions to the plan. The District's
required contribution is 6% of the total salaries of qualified participants. Total
f!alaries for the year were $129,437. Total salaries of qualified participants were
$51,066, Each participant's non-forfeitable percentage of his employer's
contribution account increases (vests) 20% for each year of service. Employer
contributions for the period totaled $3,064 and are included in personal service
expenditures of the General and Water and Sewer funds.
8. RISK MANAGEMENT
The District is exposed to various risks of loss related to torts, theft of, damage to,
and destruction of assets; errors and omissions; iIljuries to employees; and natural
disasters. The District purchases commercial insurance for the risks of loss to
which it is exposed. Policy limits and deductibles are reviewed by management
and established at amounts to provide reasonable protection from significant
fmancialloss. Settlements did not exceed insurance coverage for the current fiscal
year.
9. MANAGEMENT COMPANY
The District has contracted with Severn Trent Environmental Services, Inc.
("Management Company") to perform management advisory services, which
includes fmancial and accounting advisory services. Certain employees of the
Management Company serve as officers of the District. Under the agreement, the
District compensates the Management Company for management, accounting,
fmancial reporting, computer and other administrative costs. The Management
Company served in this capacity for the District for the year ended September 30,
2005.
28
16 11 A
REQUIRED SUPPLEMENTARY
INFORMATION
1611 A
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
BUDGETARY COMPARISON SCHEDULE-GENERAL FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2005
VARIANCE
WITH
BUDGETED AMOUNTS ACTUAL FINAL
ORIGINAL FINAL AMOUNTS BUDGET
REVENUES
Assessments $ 725,780 $ 725,780 $ 1,053,866 $ 328,086
Interest income 1,200 1,200 14,762 13,562
TOTAL REVENUES 726,980 726,980 1,068,628 341,648
EXPENDITURES
General government 103,566 103,566 151,998 (48,432)
Physical environment 623,414 623,414 167,926 455,488
TOTAL EXPENDITURES 726,980 726,980 319,924 407,056
NET CHANGE IN FUND BALANCE $ $ 748,704 $ 748,704
FUND BALANCE, Beginning of Year 301,227
FUND BALANCE, End of Year $ 1,049,931
See notes to Budgetary Comparison Schedule.
29
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
NOTES TO THE BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED SEPTEMBER 30, 2005
1611
A
The District is required to establish a budgetary system and an approved annual
budget for the General Fund. The District's budgeting process is based on estimates
of cash receipts and cash expenditures which are approved by the Board. The budget
is adopted on a basis consistent with accounting principles generally accepted in the
United States of America.
The legal level of budgetaIy control, the level at which expenditures may not exceed
budget, is in the aggregate. Any budget amendments that increase the aggregate
budgeted appropriations must be approved by the Board.
30
1611 A
ADDITIONAL ELEMENTS REQUIRED BY
THE RULES OF THE AUDITOR GENERAL
DUFRESNE to AsSOCIATES, CPA, P A
CERTIFIED PUBLIC ACCOUNTANTS
MAILING ADDRI!88:
POST OPPICE BOX 1179
ORANGE PARK. FLORIDA 32067-1l79
www.dufresnecpas.com
1611 A
SATELLITE OFFICE
237 NINTH AVENUE NORTH
JACKSONVILLE BEACH. FLORIDA 32250
TELEPHONE: 904 270-8820
MAIN OFFICE
357 STILES AVENUE
ORANGE PARK. FLORIDA 32073
TELEPHONE: 904 278-8980
FACSIMILE: 904 276-4665
December 19,2006
REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT
OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
To the Board of Supervisors
Port of the Islands Community Improvement District
CollierCounty,Fillrida
We have audited the fmancial statements of the governmental activities of the Port of
the Islands Community Improvement District ("District") Collier County, Florida (the
"County") as of and for the year ended September 30, 2005, and have issued our
report thereon dated December 19,2006. We conducted our audit in accordance with
auditing standards generaIly accepted in the United States of America and standards
applicable to fmandal statement audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States.
INTERNAL CONTROL OVER FINANCIAL REPORTING
In plarming and performing our audit, we considered the District's internal control
over financial reporting in order to determine our auditing procedures for the purpose
of expressing our opinions on the financial statements and not to provide an opinion
on the internal control over financial reporting. Our consideration of the internal
control over financial reporting would not necessarily disclose all matters in internal
control that might be material weaknesses. A material weakness is a reportable
condition in which the design or operation of one or more of the internal control
components does not reduce to a relatively low level the risk that misstatements
caused by error or fraud in amounts that would be material in relation to the fmancial
statements being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no
matters involving internal control over financial reporting and its operation that we
consider to be a material weakness.
31
16il A
COMPLIANCE AND OTHER MATIERS
As part of obtaining reasonable a8surance about whether the District's fmancial
statements are free of material misstatement, we performed tests of its compliance
with certain provisions of laws, regulations, and contracts, noncompliance with which
could have a direct and material effect on the determination of financial statement
amounts. However, providing an opinion on compliance with those provisions was not
an objective of our audit, and accordingly, we do not express such an opinion, The
results of our tests disclosed no instances of noncompliance that are required to be
reported herein under Government Auditing Standards.
This report is intended for the information of the audit committee, management, and
Board of Supervisors of the District and is not intended to be and should not be used
by anyone other than these specified parties, This restriction is not intended to limit
the distribution of this report, which is a matter of public record.
~ ~ ~~/{f(lyyJA-
Dufresne & Associates, CPA, PA
32
DUFRESNE & AsSOCIATES, CPA, PA
CERTIFIED PUBLIC ACCOUNTANTS
MAILING ADDRl!SS:
POST OFl'ICE Box 1119
ORANGE PARK. FWRlDA 32061-1119
WW\'v.dufresnecpas.com
1611
A
SATELUTE OFFICE
:>.31 NINTH AVENUE NORTH
jAClCSONVILLIl BIlACH. FLoRIDA 32250
TELEPHONE: 904 210-8820
MAIN OFFICE
357 STILES AVBNUI!
ORANGE PAll. FLoRIDA 3:>.073
TELEPHONE: 904 n8-S9aO
FACSIMILE: 904 278-4665
December 19,2006
MANAGEMENT LETTER
To the Board of Supervisors
Port of the Islands Community Improvement District
Collier County, Florida
We have audited the basic financial statements of the Port of the Islands Community
Improvement District ("District"), Collier County, Florida ("County") as of and for the
fiscal year ended September 30, 2005, and have issued our report thereon dated
December 19, 2006. We have also issued our report on compliance and on internal
control over financial reporting. That report should be considered in conjunction with
this management letter.
We conducted our audit in accordance with auditing standards generally accepted in
the United States of America and the standards applicable to [mancial audits
contained in Government Auditing Standards, issued by the Comptroller' General of the
United States. We have issued our Report on Internal Control Over Financial
Reporting and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards.
Disclosures in that report, dated December 19, 2006, should be considered in
conjunction with this management letter.
Additionally, our audit was conducted in accordance with the provisions of Chapter
10.550, Ru1es of the Auditor General, which govern the conduct of local governmental
entity audits performed in the State of Florida and require certain items be addressed ,
in this letter. '
The Rules of the Auditor GenerlU (Section 10.554(1)(h}1.) require that we address in
the management letter, if not already addressed in the auditor's reports on compliance
and internal controls, whether or not recommendations reported on in the preceding
annual financial report have been corrected. Recommendations made in the preceding
audit report have been followed. The following is a summary of prior year findings and
recommendations:
33
1611 A
FINDING 2003-01
Condition: The District's fmancial condition has continued to deteriorate according to
the fmancial condition assessment procedures applied pursuant to Section 10,556(8),
Rules of the Auditor General.
There are four large properties within the District on which the owners have not paid
the assessments for several years. The total 2003 assessments for these four
properties are approximately $590,000. As a result, net current assets (cash and
investments less current liabilities) have decreased $440,000 in the past year. The
District is negotiating a settlement with one property owner who is currently going
through bankruptcy. Further, the District has instituted foreclosure proceedings on
another two of the properties.
At November 1, 2001 there was an increase in the rates for water and sewer standby
fees, which is expected to mcrease cash receipts by $100,000 annually. There has
been no increase in the rates for water and sewer user fees during the past four years.
Per-unit maintenance annual assessments were raised $50 for 200 I and $60 for
2003, The higher annual assessments are expected to increase cash receipts by
$60,000.
During the year, the District received a $75,000 state grant for capital improvements
in the water and sewer system.
Recommendation: The District should continue to pursue state and/or federal
financial assistance. All revenue sources should be continually considered for rate
increases. The District should continue to work aggressively to collect assessments
and user fees. .
Management Response: The District will continue to seek state and/or federal
financial assistance. The District is pursuing various options in an effort to collect
adequate resources.
status: Cleared. As of September 30, 2005, the District's fmancial condition has
improved according to the fmancial condition assessment procedures applied
pursuant to Section 10.556(8), Rules of the Auditor General. The District's unreserved
fund balance divided by total expenditures for governmental funds increased 113%
and Debt service expenditures divided by total expenditures increased 45%. The
increase is due to default distributions being received and used to pay down the
outstanding bonds in default. The District is now current on all debt service
payments.
34
1611 A
FINDING 2003-02
Condition: The District continued in a state of emergency as a consequence of
conditions described in Section 218.503(1) Florida Statutes. The District paid only
part of the Special Assessment Bond debt service that was due May 1, 2001 and has
paid only $409,000 of the $1,510,000 that was due to be paid since that date. The
amount of bond principal and interest due annually is approximately $750,000. The
balance was $12 in the Debt Service Reserve account at September 30, 2003. The
District has reported the conditions that constitute the financial emergency to the
appropriate personnel in the Floric\a Governor's Office.
There have been seven properties on which the District has experienced historically
poor results in collecting assessments. Substantially all the District's uncollected
assessments have been attributable to these seven properties. The District directly
assessed the Debt Service special assessments for these seven properties in order to
enable the District to join tax certificate holders in any future foreclosure proceedings.
Three of these property owners have substantially paid there assessments. The
District and the Bondholder and their respective attorneys continue to pursue
successful collection alternatives. At the date of this report, the Bondholder and the
District have begun foreclosures on two of the accounts and are negotiating a
settlement on one other account. We expect that the Bondholder and the District will
conclude their negotiations and foreclosures in the following year and that collections
could ultimately be less than the full balances due.
The attorneys who are working on the collections issues and on the lawsuit that
challenged the District's assessment methodology are being paid with money from the
District's Debt Service Fund. The total of these payments as of September 30, 2003,
was approximately $700,000.
Recommendation: The District should continue to assist in the collection process in
compliance with the Bond indenture.
Management Response: The District is currently in discussions with the Bondholder
and District Counsel regarding foreclosure of the properties that were directly
assessed by the District in accordance with the auditor's recommendation.
Status: Cleared. On September 30, 2005, they did not meet any of the conditions
described in Section 218.503(1), Florida Statutes. The District is now current on all
debt service payments.
35
16 11 A
2004-01 AUTHORIZED SIGNATORIES .
Condition: When management with check signing authority left the District
Manager's operations, the authorized signers were not changed with the bank on a
timely basis. We noted that these individuals were still signing checks (via a stamped
signature) even after they left the Organization. We also noted that individuals who
were not authorized to sign checks were signing checks.
Criteria: Internal controls should be in implemented for individuals whose
employment has been terminated are removed from the bank's records as authorized
check signers.
Effect: Because of the failure to remove former employees from the bank's records as
authorized check signers, there is a risk that funds could be withdrawn from the
District's bank accounts \vithout proper approval.
Recommendation: Procedures should be implemented which require that the District
periodically check the authori2ed check signing list and update it if necessary and that
the bank be promptly and formally notified of the change. Also, a notation that the
employee is an authorized signer could be included in the employee's personnel file so
that if the person terminates, the name can be promptly removed from the
authori2ation list and the bank informed of that fact.
Management Response: We have initiated an administrative process within our fIrm
whereby an administrative staff person has been assigned to periodically review bar1l{
records for all our districts to determine terminated employees have been removed
from bank records as authorized check signers. All districts were reviewed in the fall
of 2006 to make sure each bank's records reflected the correct authorized check
signers,
We will review the status of these comments during our next audit engagement. Our
comments and recommendations, all of which have been discussed with appropriate
members of management, are intended to improve the internal control structure or
result in other operating efficiencies. We will be pleased to discuss these comments in
further detail at your convenience, to perform any additional study of these matters, or
to assist you in implementing the recommendations.
Status: Cleared.
As required by the Rules of the Auditor General (Section 1O.554(I)(h)2.), the scope of
our audit included a review of the provisions of Section 218.415, Florida Statutes,
regarding investment of public funds. In connection with our audit, we determined
that the District complied with Section 218.415, Florida Statutes.
The Rules of the Auditor General (Section 1O,554(I)(h)3.) require that we address in
the management letter any findings and recommendations to improve fmancial
management, accounting procedures, and internal controls. In connection with our
audit, we have not fmdings and recommendations for the year ended September 30,
2005.
36
1611 A
The Rules of the Auditor General (Section 1O.554(I)(h)4.) require disclosure in the
management letter of the following matters if not already addressed in the Auditor's
Report on Compliance and Internal Control Over Financial Reporting: (1) violations of
laws, mles, regulations, and contractual provisions that have occurred, or are likely to
have occurred; (2) improper or illegal expenditures;' (3) improper or inadequate
accounting procedures; (4) failures to properly record financial transactions; and (5)
other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or
that come to the attention, of the auditor. Our audit for the year ended September 30,
2005 disclosed no such matters that are required to be disclosed.
As required by the Rules of the Auditor General (Section 1O.554(I)(h)6.a), a statement
must be included as to whether or not the local government entity has met one or
more of the conditions described in Section 218.503(1), Florida Statutes. In
connection with our audit, we determined the District did not meet any of the
conditions described in Section 218.503(1), Florida Statutes.
As required by the Rules of the Auditor General (Section 1O.554(I)(h)6.b), we
determined that the annual financial report for the District for the fiscal year ended.
September 30, 2005, filed with the Florida Department of Banking and Finance
pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual
fmancial audit report for the fiscal year ended September 30, 2005.
As required by the Rules of the Auditor General (Sections 1O.554(h)6.c. and 10.556(7)).
we have applied financial condition assessment procedures. It is management's
responsibility to monitor the District's fmancial condition, and our financial condition
assessment was based in part on representations made by management and the
review of financial information provided by same.
This management letter is intended solely for the information and use of the Board of
Supervisors and management of the District, and the State of Florida Office of the
Auditor General, and is not intended to be and should not be used by anyone other
than these specified parnes.
Thank you and your staff for the cooperation and courtesies extended to us during the
course of the audit. Please let us know if you have any questions or comments
concerning thi!lletter, our accompanying reports, or other matters.
~tAN~ f ~/CI4(14t-
Dufresne & Associates, CPA, PA .
37
1611 A
'" /\,107017#'"
Quotation
No: 61295
I
Date: 02108/07
Ship To.
Cal Teague
Severn Trent Environmental Services
5726 Corporation Circle
Fort Myers FL 33905
< Same as Bill To >
Deliver
Fax 694.5357
Acct.No Ordered by Phone P.O, No Prepared by Sales Rep Ship Via
13665 Gal Teague 694.3310 ? RUDY x 126 House Deliver
Quantity Description Price
1,000 Brochures -11"x17", Fold to B.5"x11". 4f4 Process Color. 80# Gloss Text 494,60
Paper Text Coated 80# House Gloss 80m 17 x 11 White
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Paper Text Coated 80# House Gloss 80m 17 x 11 While
,
Print 4 Colors f 4 Colors Process
4,000 Brochures -11"x17", Fold to 8.5"x11". 4f4 Process Color. 80# Gloss Text 712.40
Paper Text Coated 80# House Gloss 80m 17 x 11 White
Print 4 Colors /4 Colors Process
5,000 Brochures . 11 "x17", Fold to 8.5"x:11" - 4/4 Process Color. 80# Gloss Text 773.95
Paper Text Coaled 80# House Gloss 80m 17 x 11 While
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10,000 Brochures. 1 t"x17" Folc! to 8.5"x1 i". 4/4 Process Color. 80# Gloss Text 1,131.10
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Pnnt 4 Colors /4 Colors Process
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I I
I
,
;
continued...
16 11 A
"'/\101011#'"
Quotation
No: 61295
I
Date: 02108/07
Ship To
Page 2
Cal Teague
Severn Trent Environmental Services
5726 Corporation Circle
Fort Myers FL 33905
< Same as Bill To >
Deliver
Fax: 694S157
Acct.No Ordered by Phone P.O. No Prepared by Sales Rep Ship Via
13665 Gal Teague 694.3310 ? RUDY ,.126 House Deliver
Quantity Description Price
20,000 Brochures . 11 "x17", Fold to 8.5"x 11" . 414 Process Color. 80# Gloss T ex! 1,847.05
Paper Texl Coaled 80# House Gloss 80m 17 x 11 While
Print 4 Colors! 4 Colors Process
GuffCoast Printing GUARANTEES all COLOR and QUALITY based upon your artwork and can provide
HIGH-RES \/eris Color Proofs and FREE Press Checks if you desire. All quotes are based or: your
specifications as delineated herein. Additional selVices not provided in these specifications may be billable.
Typical TURNAROUND is 5 working days from approval for most orders RUSH SERVICES ARE
AVAILABLE. The HOURL Y RATE for graphics work IS $601HR PLEASE REVIEW YOUR PROOFS
CAREFULL Y Once approved, orders can not be cancelled and any reprints are billable AI! orders are 10%
over/under runs. Vour acceptance of this proposal and the work contemplated by its terms shal.l be evidenced fiY
your signarure on the proposal or proof receipt. or by physical delivery of tile work delineated in the prooosa,',or
order receipt, or invoice By acceptklg this proDosal, YOI! agree to be bouno' by thO] PrmtinQ Trade Cusiom5
(avaJ/ab/e upon request)
Received by ___.. Date -----
THANK YOU!!! IT is A PLEASURE TO SERVE YOU!!!
:'llf: ';;::if',i'llM lie ,:: ':;I.lr:>v::1Prin:W"\' f::r,I\/\'~':, C;~C'f
'; ~ ~,t "',~
1611 A
Quotation
Minuteman Press of Cape CoraL Inc1413
SE 47th Terrace
Cape Coral, FI 33904
Phone: 239-541-3255 Fax 239-541-3055
E-mail: jreich@minutemanpress_com
Web Address: www_capecoral.minutemanpress_com
Date:
07 -Feb-2007
Bill To: Severn Trent Management Services
5726 Corporate Circle
Ft Myers FL 33905
Phone 245-5324
Ship To: Severn Trent Management Services
5726 Corporate Circle
Ft Myers FL 33905
Phone: 245-5324
Minuteman Press of Cape Coral
Where Quality and Service Make The Difference
Ask About our Graphic Design, and Direct Mail Service
Free PickUp & Delivery
1,000 Brochures (Job ID 3918)
Component
PRINTING
1,000 Finished Pieces
Tabloid (11 x 17) 80# Coated Text printed two sides
Stock Color: White
Side 1 Standard Ink(s): Process Cyan, Process Magenta, Process Yellow, Process Black
Side 2 Standard Ink(s): Process Cyan, Process Magenta, Process Yellow, Process Black
Pre-press Requirements: Digital File (Customer)
BINDERY
Folding Single, 1 Fold(s) to 8.5 x 11 (Letter)
Volume Discount Savings
$540.00
Quantit_v
1,000
2, ()OU
3,000
4,000
~), 000
Price
$540.0U
$],062.",4
$1,585.09
$2,]07.63
$2,630.] "/
Difference
Savings
:;'522.54
$1,045.09
$1,567.63
$2,090.17
1.67 %
2.22%
2.41%
2.59%
Price/Unit
$0..540
$0.531
SO.528
$0. r:')2 7
~;O.526
PriGe does not include applicable sales taxes
Quote valid for 30 days
Thank You.
Minuteman Press.
16 11 A
Port of the Islands
Community Improvement District
Combined Balance Sheet
December 31, 2006
Fund Tvpes
Totals
Assets General Debt Service Enterprise 2007
Cash
Operating Account $1,576,118 $0 $92,318 $1,668,436
Accounts Receivable $377 $0 $25,869 $26,246
Investments
State Board $692,975 $0 $888,764 $1,581,739
State Board - Reserve $77,045 $0 $0 $77,045
Revenue Account $0 $217,459 $0 $217,459
Redemption Account $0 $980 $0 $980
Due from Other Funds $0 $264,932 $765,275 $1,030,207
Plant & Equipment (Net) $0 $0 $3,896,165 $3,896,165
Property $0 $0 $90,480 $90,480
Total Assets $2,346,515 $483,371 $5,758,871 $8,588,757
Liabilities
Accounts Payable $0 $0 $0 $0
Accrued Expenses $2,729 $0 $3,413 $6,142
Due to Other Funds $1,030,206 $0 $0 $1,030,206
Other Current Liabilities $0 $0 $331 $331
Customer Deposits $0 $0 $26,900 $26,900
Total Liabilities $1,032,935 $0 $30,644 $1,063,579
Fund Eauitv, Other Credits
Contributed Capital $0 $0 $5,121,134 $5,121,134
Retained Earnings $0 $0 $607,093 $607,093
Fund Balances
Unreserved $1,313,580 $0 $0 $1,313,580
Reserved for Debt Service $0 $483,371 $0 $483,371
Total Liabilities, Equity & Other Credits $2,346,515 $483,371 $5,758,871 $8,588,757
Note: This unaudited statement is intended for the use of management only.
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SEVERN
1611 A
TRENT
SER\ ICES
February 1, 2007
Board of Supervisors
Port of the Islands
Community Improvement District
Subject: January Operations Reports
Dear Board Members:
In accordance with Article 4, Section 4,13 of the operations contract, enclosed please find
the January 2007 monthly operating report for Port of the Islands Community
Improvement District facilities operated by Severn Trent Services. Also enclosed, are
copies of the December 2006 Drinking Water Monthly Operations Report and the
Wastewater Discharge Monitoring Report
Should you have any questions or need additional information, please don't hesitate to
call me,
~rely,
\'\~
Robert.oick
Project Manager
0~
Severn Trent Services' 5726 Corporation Circle, Fort Myers, FL 33905. Tel 239-{)94-3310' Fax 239-{)94-5357
www.sevemtrentservices.com
SEVERN
1611 A
'PDA+ DI +1tJL.. ZJ Jl.tt.-~J
January 2007 Operations Report
TRENT
SERVICES
Water Treatment Plant Ooerations and Maintenance
The Water Treatment Plant produced and distributed 2.412 MG for the last month, with peak daily flow of .168
MG. Daily Flow totals are recorded later in this report for your review.
Severn Trent Service Depl installed new continuous Chlorine/pH analyzer.
Replaced Well #1 relay @ the well field.
Wastewater Plant Ooerations and Maintenance
The WWTP treated approximately .913 MG for the last month, with peak daily flows of .029 MGD. The daily
flow totals are recorded later in this report for your review.
Recycling company removed old Sewer Treatment plant
Permit Compliance:
Wafer Treatment Plant:
All monthly water bacteriological sampling events were completed on time and were in compliance. All
regulatory agency requirements of the water distribution system were maintained with a chlorine residual
greater than the regulatory requirement of 0.2 parts per million (ppm) and a constant system pressure of over
the regulatory requirement of 20 psi throughout the water distribution system.
WasflItIIINr Treatment Plant
One of the two Total Nitrogen samples passed during the month of December 2006, Samples taken on the
14", passed with a result of 1.9 mgn. However, the results from the 28\t1 failed with a result of 15.7 mgJI. Since
the recirculation system has recenUy been placed back in service, there will be a short time of trial and error
before we can achieve the best results continually.
Severn Trent SelVices . 5726 COI]lOfation Circle, Fort MyOlS, FL 33905 . T 01239-694-3310
Fax 239-694-5357 . www.sevemtrentservi.com
SEVERN
16\1 1\
'PoA+ 01 +It..... Z.r J.t.t..,,J.r
January 2007 Operations Report
TRENT
SERvICES
,
Abnormal Event
No abnormal events occurred during month of January.
Distribution System.
Replaced and raised meter box for the Eveningstar Cay Pool (along Newport Dr.)
Installed 17 water meters @ Orchid Cove.
General Maintenance
Reinstalled fallen STOP sign @ Newport Dr. Pool.
Outstanding Bid/Estimates
We have a recent bid for Lime Sludge hauling. $500.00/1000. There are approximately 10 loads. Approximate
cost is $5,000.00.
Bob Dean Supply: Rewinding/Reconditioning of Motors and pumps. Approximately $,8000.00.
Campbell Roofing: Clean/repair/coating = $8,900.00 (See Attached Proposal)
Gulf States Electric: Still awaiting proposal for Electrical control restoration.
Severn Trent Services' 5726 Corporation Circle, Fort Myers, FL 33905' Tel 239-694-3310
Fax 239-694-5357 . www.severntrentservices.com
SEVERN
1611 A
?oA./. 01 ./.1tA... I-s J.et"..,rl-s
January 2007 Operations Report
TRENT
SERvICES
Water Loss Report
Month Fin Meter Fin Flow Water Sold Water Loss % Water Loss
Jan-06 240220 3,342,000 2,447,360 894,640 26.8%
Feb 243562 3,300,000 1,708,940 1,591,060 48.2%
March 246862 2,716,000 1,449,175 1,266,825 46.6%
April 249578 2,525,000 1,449,175 1,075,825 42.6%
May 252103 1,757,000 1,998,830 (241,830) -13.8%
June 253860 1,523,000 1,887,610 (364,610) -23.9%
JulY 255383 1,896,000 682,760 1,213,240 64.0%
AUGust 257279 1,497,000 984,730 512,270 34_2%
Septembe 258776 1,440,000 850,588 589,412 40.9%
October 260216 1,642,000 1,054,520 587,480 35.8%
Noyembe 261858 1,921,000 1,461,420 459,580 23.9%
Decembe 263779 2,242,000 1,117,570 1,124,430 50.2%
Jan-07 266021 2,542,000 1,117,570 1,424,430 56.0%
February 268563
Severn Trent Services' 5726 Corporation Circle, Fort Myers, FL 33905' Tel 239-694-3310
Fax 239-694-5357 . www.severntrentservices.com
SEVERN
1611
A
"
TRENT
P"'AJ. "'I J.A.L ZJ .J.tt""'~1
January 2007 Operations Report
SERVICES
Daily Water/Wastewater Flows Decmber 2006
September Water Flow (MGD) Wastewater Flow lMGD
1 0.074 0.036
2 0.08 0.027
3 0.072 0.053
4 0.067 0.013
5 0.063 0.011
6 0.071 0.025
7 0.099 0,033
8 0.059 0.026
9 0.075 0,03
10 0,042 0.023
11 0,065 0.033
12 0.101 0.031
13 0.038 0.028
14 0.087 0.033
15 0.072 0.031
16 0.077 0,031
17 0.071 0.028
18 0.064 0,027
19 0.065 0.025
20 0.074 0.03
21 0.087 0.024
22 0.155 0.037
23 0,076 0,03
24 0.075 0.028
25 0.062 0.037
26 0.02 0.027
27 0.114 0.03
28 0.089 0.036
29 0.067 0.029
30 0.083 0.028
31 0,168 0.033
Maximum 0.168 0.053
Total 2.412 0.913
Averalle 0.078 0.029
Severn Trent Services. 5726 Corpomtion Circle. Fort My.... FL 33905. Tel 239-694-3310
Fax 239-694.5357 . www.sevemlrentservices.com
SEVERN
16/1 A
PDA.J DI JA-A.. Z1 J.et...r)1
January 2007 Operations Report
TRENT
SERVICES
.18 ---.-.---------.--------~---
Port of the Islands Water and Wastewater Flow Decem ber 2006
--l
I
_16
.14 . ------
.12 . ---- .--------- .-.~--~----
.06 -
0.1 -------.---__________~__
MJ\-
.02 .
o
1 2 3 4 5 6 7 8 9 1011 121314151617 18 19 20 2122232425262728293031
Severn T""'I Services . 5726 Corporation Cin;le. Fort MyOfS. Fl33905 . T el239-694-331O
Fax 239-694-5357 . WWW.sevemtrentsefVices.com
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16il A
DAILY SAMPLE RESULTS - PART B
PennitNumbcr: FLOI4J704
MONJTORrNG PERIOD From: Dee
To:
3112006
FACILlTY NAME: Port oftbe Islands crn
CBOO 5 Fecal Coliform, Nitrogen. pH Phosphorus mc (For TSS T urbidiIy Oxygen, TRC
(MGJl) Coliform Fecal, % tess Total (SU) (mgiI) Disinfect) (MGIl) (IIlTlJ) Oissolved (For Dechlor.)
Bacteria Ihan delection (DO) (mg/l)
(#I1OOMl) (mgIt) (mgIl) R-001 (mgIl)
0-001 0-001 R-001 D-001 0-001 D-001 R-001 R-001 D-001 0-001
0-001 0-001
Code 80082 14055 51005 00600 00400 00665 50060 00530 00010 00300 50060
Mon. Site EFA-01 EFMn EFA-01 EFA-01 EFA-01 EFA-Ol EFA-01 EF8-01 EF8-01 EFD-01 EFD-01
1 6.9 4.6 OJ 1.2 < 0.001
2 6.9 6.4 0_5 7.4 < 0.001
3 7.1 4.6 0.5 7.0 < 0.001
4 7.0 3.2 0.6 6.7 < 0.001
5 7_1 5.1 0.6 6.3 < 0_001
6 7.1 2,1 0.6 6.9 < 0.001
7 7.0 1_6 0_6 6.3 < 0.001
8 7.1 5.9 0.9 6.0 < 0.001
9 1.2 3.9 0.8 7.0 < 0.001
10 7.2 3.5 0.7 6.5 < 0.001
11 7.3 1.8 0.7 6_8 < 0.001
12 7.2 1_3 1_0 6.4 < 0,001
13 7.1 1.6 1.1 6.3 < 0,001
14 2_0 U 1.0 U 1.9 7.1 0.4 2.2 1.0 U 1.2 6.0 < 0.001
15 7.1 3.3 1.2 6.8 < 0.001
16 7.2 2.7 1.1 6_6 < 0.001
17 7.2 4_3 1.1 6,5 < 0,001
18 7.2 3.2 0.9 6_0 < 0.001
19 7.2 2.8 1,6 6.3 < 0.001
20 7.2 3_2 1.5 6.4 < 0.001
21 7.0 2.6 1.8 6.1 < 0.001
22 7.1 4.6 0.7 6.3 < 0.001
23 7.1 3.8 1.0 6.0 < 0.001
24 7.2 4.1 1.1 62 < 0.001
25 7.2 3.5 1.9 6.1 < 0.001
26 7.2 2_1 0.7 5.9 < 0.001
27 7.2 3.2 0.6 6.3 < 0.001
28 2.0 U 1.0 U 15.7 7.2 0_7 2.4 2.1. 0.7 6.4 < 0.001
29 7.1 2.5 0.6 6.0 < 0.001
30 7.1 4.8 0.6 7.0 < 0.001
31 6.9 1.8 0.4 7.0 < 0.001
Total 4.0 2.0 100% 17.6 220.7 1.03 102_70 3.1 28.0 200.1
Io.Avg. 2.0 U 1.0 U 8.8 7_1 0.52 3.3 1.6 0.9 6.5 < 0_001
ANT STAFFING
Y Shill 0pern10r Class: A Ceftificale No.: 2129 Name: Larry Slone
,.,;ng Shift Operator Class: Ceftificale No.: Name:
ihlShillO_ Class: Ceftificale No.: Name:
IdOperator Class: C Cestifica1e No.: 8718 Name: Robert Edge
10
DAILY SAMPLE RESULTS - PART B
1611
A
PermitNumber: FLOI41704
MONITORING PERIOD From: Dee
FACILITY NAME: Port of the Islands CID
1 To
3112006
flOW CBOD5 Percent Capacity TSS (MGIL) FLOW FLOW FLOW FLOW
(MGD) (MGIL) (TMADFlPennilled (MGD) (MGD) (MGD) (MGD)
Capacity) x 100
Code 50050 80082 00180 00530 50050 50050 50050 50050
Mon. Site FLW-ll1 INF-ll1 INF-ll1 INF-ll1 FLW-Q2 FLW-ll2A FLW-Q3 FLW..Q4
1 0.036 0.0 0.0 0.036 /' .1/
2 0.027 0.0 0.0 0.027 ~".
3 0,053 0.0 0.0 0.053 M
4 0.013 0,0 0.0 0,013 q-fA
5 0.011 0.0 0.0 0.011 t-.J
6 0.025 0.0 0.0 0.025 'tl->
7 0,033 0.0 0.0 0.033 /:"
8 0.026 0.0 0.0 0.026 .1.
9 0,030 0.0 0.0 0,030 -.,
10 0.023 0.0 0.0 0.023 ~
11 0,033 0.0 0_0 0.033 I'A
12 0,031 0.0 0.0 0.031 '.AI
13 0.028 0.0 0.0 0_028 T ~
14 0.033 121 54.0 0.0 0.0 0.033 F
! 15 0.031 0.0 0.0 0.031 S.Y
, 16 0.031 0,0 0.0 0.031 S"'-
17 0.028 0.0 0.0 0,028 M(}
18 0.027 0.0 0.0 0.027 It^-
19 0.025 0.0 0.0 0.025 II~
20 0.030 0.0 0.0 0.030 rw
21 0.024 0.0 0,0 0.024 ~
22 0.037 0.0 0.0 0.037 "---I'
23 0.030 0.0 0.0 0.030 ~<A.
24 0.028 0.0 0.0 0.028 f\}....-
25 0.037 0.0 0.0 0.037 -r"v..
26 0.027 0.0 0_0 0.027 ~
27 0.030 0.0 0.0 0,030 11,
28 0.036 328 137.0 0.0 0.0 0,036 I"
29 0.029 0.0 0.0 0.029 t:... r-
30 0.028 0.0 0.0 0.028 tv-
31 0.033 0.0 0.0 0.033 M
Total 0.913 449 14.33% 191 0.0 0,0 0.913
Mo. Avn. 0.029 224.5 95.5 0.0 0.0 0.029
'LANT STAFFING
Jay Shift Operator Class: A Certifica\e No.: 2129 Name: l.arrystone
ovening Shift Operator Class: Certifica\e No.: Name:
~ighl Shift Operator Class: Certificate No.: Name:
_ead Operator Class: C Certificate No.: 8778 Name: Robert Edge
11
JAft-ll-Z007 IO:36PM FRO~
T-046 P It; rl
A
[
CAMPBELL ROOFING &
SHEET METAL, INC. OF FL
CCC 057963
Date: January 29. 2007
ConlIaclorlCustomer: Water &: Waste Treatment Plant
Attention: Robert Edge
12600 Union Road. Naples, fL
Phone: 239-642.9219
Fax: 239-642-9469
Job: Water&: Waste Treatment Plant
12600 Union Road
Naples, fL
We will provide labor, materials and the necessary equipmeut to perform the following
work:
1.)
2.)
3.)
4.)
S.)
6.)
Pressure wash entire roof.
Retighten all the fasteners.
Prime entire roof with an acrylic primer.
Caulk the fasteners with an aaylic caulk.
Spray coat the entire roof with topcoat aa:ylic fInish coat.
Remove all debris from jobslte.
All work to be per:fonned in a Deat and professional manner by skilled roofing
mechanics in accordanre to roofing industry standards.
Base Bid: $8.m.OO '-d/L
TllaDk you for die oppol't1lnity to bid ~~PJUJ~
MIke De v.ney,ServIce Departmeat ~;.l?,~
AccqUII: DtJu:
Note: ThIs propoNll JlI<I)IIJe """"_ If IIOt aa:eputi within 30 tklp,
All heW ~ .... to lie. spodIIe4, AolJ .....&-... de......,...lIle.... I~I ra.oli_ iD...a.mc
..................--__._................. ... AII...-, .._- !IIII_""",
, '..,'1........,....,.. -.Ii OWMrto -rr lire, - - _" . ...... ,. tt....._
1Je1leld..........IlIlJ...,........1 l ............_111 " I"" o.r--'-IWIJ_by
w.taaa'.('r~Jr I 6o.......J1'; .~.'7""'1&""""
.' .' ,,-.....-_.-..,_._..,?'., n......._-.la<.l<I-..,
_..._lMI__ ""'-..'OJIlII"IlIl....L \. ........ IhIo......-..,..........."
....... R ................. t .--. .. 'Ul 1 ~ ........,....... y.............a.ewart.
~...._._-_ II "_---...._"...,.._w._'-'
IateplQtl\!8llllk.........., .................,...............wonIIGI............... .......
"\-, 1 ia.................,..,................... 1
6340 Arc Way
Fl Myers, FL 33966
IU') 83.....72
Fa", (239) 939-3658
6300 TOWIlf Lan.. .2
Sarasota. Fl34240
("1) 342-8.01
Fall: (941) 342-9906
fi)
432. N. US 1
Vero Bch.. FL 32960
(712) '71-0474
Fa.: (772) 97B-D476
Toll Freo 1-'00-8'$-4672
Cope eo"" (239) 574.2964
Cha~oIte (941) 613-6866
CoRler (239) 262.2595
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
LANDSCAPE ARCHITECTURE
950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099
1611
A
February 8, 2007
VIA HAND-DELIVERY
Ronald E. Benson, Jr., Ph.D., P.E,
District Engineer
Port of the Islands Community Improvement District
clo Hole Montes, Inc,
950 Encore Way
Naples, FL 34108
Re: Port of the Islands Marina - Water Service Improvements
HM File No.: 2006.091
Dear Dr. Benson:
Per discussion at our meeting on Monday, January 29, 2007, we are submitting for your review
and approval the attached Site Utilities Plan entailing water service improvements for the subject
project in the Port of the Islands Community Improvement District. Water service to the marina
is currently supplied through the hotel site to the north. As the hotel and marina are now under
separate ownership, separate water services-potable and irrigation-are to be established.
Three separate services are proposed:
I. 2" potable service wi I" meter to the ship store,
2, irrigation service to the ship store to be sized by the irrigation contractor,
3. looped 2" potable service w/ (2) 1" meters at both ends to serve the existing docks.
One end of the 2" potable service loop serving the docks will be hot tapped into the existing
water main entering the hotel property from the U.S. 41 bridge at the NE corner of the
property. The potable water meter will be installed near the proposed location at the new potable
water master meter for the hotel property. The size, material, and location of the existing main
are uncertain and are to be field verified by the Contractor prior to the start of work. Any
unexpected conditions will be resolved with the developer's engineer and any resulting plan
changes will be submitted to the C.I.D.'s engineer for review and approval.
The other end of the 2" potable service loop serving the docks along with the 2" potable service
to the ship store will be metered near the NE corner of the marina parking lot off of a shared 3"
sch. 40 P,V,c. service line to be installed beneath Newport Drive and the north side of the
existing parking lot inside a 6" casing via horizontal directional drilling (HDD).
Irrigation service to the ship store will be supplied from the south side of the eXlstmg 8"
fire/irrigation distribution system loop and will be metered in the aforementioned location near
the NE corner of the marina parking lot.
All piping and appurtenances from the main up to and including the meter will be conveyed to
the C.I.D" except as othenvise noted on the plans.
H:\2006\2006091\WP\EDF\RB 070208 re water serv improy, doc
Naples' Fort Myers' Venice
Ronald E. Benson, Jr., Ph.D., PE
Re: Port of the Islands Marina - Water Service Improvements
HM File No.: 2006.091
February 8, 2007
Page 2
16 11
A
Potable service meters were sized using the fixture unit method outlined in A WW A Manual 22
(M22) as outlined below:
Ship Store:
water closet, tank type @ 3 fu. ea. x 3 = 9 fu.
urinal, wall type @ 12 fu. ea. x I = 12 fu.
lavatory, y," connection @ 4 fu. ea, x 4 = 16 fu.
mop sink, Yz" connection @ 3 fu. ea. " 2 = 6 fu.
hose bib, y," connection @ 6 fu, ea. x 2 (assumed) = 12 fu.
TOT AI. ~ 55 fu.
Per Fig. 4.4, 55 fu. corresponds to a design demand of20 to 40 GPM, depending
on which curve is applied.
Per Table 5.5 and 5.6, a I" positive displacement meter would be appropriate for
this design flow range and use.
Docks:
hose bib, y," connection @ 6 fu. ea, x 40 (assumed) = 240 fu.
Per Fig. 4.4, 240 fu. corresponds to a design demand of 30 to 65 GPM,
depending on which curve is applied.
Per Table 5.5 and 5.6, two (2) I" pOSll1ve displacement meters would be
appropriate for this design flow range and use.
The shared 3" sch. 40 P.V.c. service line was sized using the Hazen-Williams formula for
headloss. The two (2) 2" P,E. service lines were sized using Table 5.31 from A WW A M22. A
copy of the calculations and Table 5.31 are attached (A copy of each table and figure from
A WW A M22 referenced above is also attached.)
If the information contained herein and on the plans is found to be sufficient, please issue an
approval letter authorizing the commencement of work. No other permitting requirements apply.
Hole Montes Inc.
vW
Eric D. Fey, E.!.
Project Manager
EDF/sek
Enclosures: Two (2) copies ofHM Drawing No. 4477-1
One (I) copy of Fig. 4.4 Tables 5.5,5.6, and 5.31 from AWWA M22
One (I) copy of service line sizing calculations
cc: Jim Shucart, Chris Shucart ~ Port of the Islands Properties, LLC
H:\2006\200609I\WP\EDF\RB 070208 re water serv improvdoc
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ENGINEERS PLANNERS. SURVEYORS
1611
A
950 Encore Way' Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 239.254.2097
February I, 2007
Mr. Robbie Powell
Better Roads, Inc.
19] 0 Seward A venue
Naples, FL 34101
RE: SUBSTANTIAL COMPLETION
POI ROAD RESURFACING
HM File No,: 2004.126
Dear Robbie:
Per General Conditions Article 20 of the Construction Contract, and effective as of January 13,
2007, please consider this correspondence as the Certificate of Substantial Completion for the
above referenced project. As depicted on the attached sketches and discussed at the walk-through
meeting of January 19,2007, a tentative list of ptinch list items which must be completed or
corrected prior to Final Completion is as follows:
I) Unacceptable Surfaces - While most of the finished asphalt surface areas were smooth
and dense, certain an;as were determined to be lUlacceptable based on visibly obvious
voids and loose aggregate. These areas are depicted on the attached sketches as follows:
a) west end of Sunrise Cay from the Newport Drive jlUlction to the east end loop; b) east
end of Sunrise Cay - southeast quadrant of loop section; c) west edge of the northbolUld
lane at the intersection of Newport Drive and Eveningstar Cay; and d) area immediately
surrounding the manhole in the intersection of Newport Drive and Morningstar Cay, and
also one of the manholes at the intersection of Newport Drive and Newport Cay.
2) Damaged Surfaces Pavement surface areas damaged by construction
activities/equipment are depicted on the attached sketches as follows: a) Newport Drive
and the new median; and b) west edge of the southbound lane at the intersection of
Newport Drive and Eveningstar Cay.
3) Valve Boxes - Valve boxes stilI in need of new covers and/or adjustment are depicted on
the attached sketches as follows: a) two in Sunrise Cay at the intersection of Newport
Drive; b) two in Eveningstar Cay west of the brick paver circle; and c) one in Sunset Cay
- east side of canal - at the intersection of Cays Drive.
4) Pavement Depression - A slight depression exists across the southbolUld Newport Drive
entrance lane by the guardhouse where a previous utility patch was paved over. Please
provide a recommendation regarding possible correction alternatives.
Naples' Fori Myers. Venice
Mr. Robbie Powell
Better Roads, Inc.
HM File 2004.125
February 1,2007
Page 2
1611
A
5) Striping - Pavement marking and striping is yet to be completed as follows: a) re-
establishment of centerline along Cays Drive; b) delineation of bike paths - note that bike
paths are to delineated in accordance with 2004 FDOT Index No, 17346 per Addendum
No. I; and c) re-establishment of Sunrise Cay parking areas.
6) Landscaping - Landscaping is to be completed along pavement widenings such that no'
potential danger remains from ruts and/or fall-offs,
7) General Cleanup - General cleanup is to be completed including protective sand and all
asphalt debris piles.
Please advise when the above work is ready for final inspection, Sufficient funds, including
retainage, will be withheld from future payment requests to assure timely completion. Note also
that, per General Conditions Article 20.2 "Owner reserves the right to inspect the Work and
make an independent determination as to the Work's acceptability, even though the engineer
may have issued its recommendations. Unless and until the Owner is completely satisfied,
neither the final payment nor the retainage shall become due and payable."
Questions regarding any of the above may be directed to the undersigned (254-2078 or 571-
7553).
Sincerely,
HOLE MONTES, INe.
t:~~f;:;t
Senior Civil Engineer
cc: Cal Teague, Severn Trent Services
Daniel Cox, Esq.
Ron Benson, Hole Montes
Clifford Pepper, Hole Montes
H:\2004\2004126\WPIJI Contractor Correspondence\10070 123 rp subs campl Itrdoc
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HOLE MONTES
ENGINEERS. PCANNERS SURVEYORS
16 11
A
950 Encore Way' Naples. Flonda 34110, Phone: 2392542000' Fax: 239254.2097
February 2, 2007
Mr. Cal Teague
Severn Trent Services
5726 Corporation Circle
Ft. Myers, FL 33905
RE: EVALUATION OF CONSTRUCTION BIDS RECEIVED FEBRUARY 1, 2007
ELECTRICAL SERVICE UPGRADES
PORT OF THE ISLANDS WWTP AND WTP
HM File No.: 1990.154
Dear Mr. Teague:
We have completed a review of the two bids received by Hole Montes on February I for the
referenced project. The bids were checked for mathematical accuracy, completeness and
submission of required documents. The following table identifies the bid amounts from the two
bidders.
Bidder and Location of Home Office
Gulf States, Inc., Naples
Total Bid
E.B. Simmonds Electrical, Inc., Naples
$168,930.00
$193,564.00
The apparent low Bid was submitted by Gulf States, Inc., in the amount of $168,930.00. The
engineer's construction cost estimate at the time of bidding was $155,955,00, Our previous
experience with Gulf States on several projects has been generally positive, and therefore Hole
Montes recommends contract award to Gulf States, Inc, in the amount of $168,930.00.
If you have any questions, please let me know.
Very truly yours,
HOLE MONTES, INe.
;0f
Ronald E. Benson, Ph.D., P.E,
Senior Vice President / Principal
REB:llk
cc: Daniel Cox, Esq.
H.Clifford Pepper, P.E., Hole Montes
Joe Goetz, PE, Hole Montes
H:\I 990\1990 154\'NP\ElectricaJ Service Upgrade\Bid Docs\20070202 bid award ltrdoc
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1611 A
Hole Montes - POI Current Hole Montes - Collier County 9!27!2005
Classification HM-POI Classification Collier
Rate County Rate
Princioal Engineer VII $165 Princioal Engineer $175
Engineer VI $140 Chief Engineer $160
Engineer V $125 Senior Project Manager! $140
Senior Design Engineer
Engineer IV $110 Project Manager! $120
Senior Engineer
Engineer III $95 Proiect Engineer $100
Engineer II $85 Engineer! $90
Senior Designer $85 Operations Specialist!
Ooerations Soecialist $80 Senior Designer
Engineer I $70 Associate Engineer! $75
Senior Construction Field $75 Inspector!
Reoresentative Designer
Designer $75
Senior Comouter Technician $65 CAD Technician $65
Technician IV $55 Administrative Assistant! $60
Secretary
Technician III $45 Clerical/Other Suooort $50
Technician II $40 Technician $45
Contract 05-3785
16 j 1
A
Fixed Term Utility Engineering Services
THIS AGREEMENT is made and entered into this .;JTday of ~ 200 5", by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Hole Montes,
Inc., authorized to do business in the State of Florida, whose business address is 950 Encore Way,
Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"),
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility
Engineering Services expeditiously when a need arises in connection with a Collier County
construction project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed
term basis as directed by OWNER for such projects and tasks as may be required from time to time
by OWNER
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
A-1
ARTICLE 1
1611
A
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the
"Services") as herein set forth, The term "Services" includes all Additional Services authorized by
written Amendment as hereafter provided.
1,2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" herein, with respect to authorization of Services, includes all
written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that
each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the
Board of County Commissioners, and that the total initial compensation for all Work Orders issued
under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by
the Board of County Commissioners of Collier County.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required
in a written Work Order. Any Services provided by CONSULTANT without a written Work Order
shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, OWNER shall request a proposal from CONSUL TA~T for such
Services, said proposal to be in compliance with the terms of this Agreement If the parties reach an
agreement with respect to such Services, including, but not limited to the scope, compensation and
schedule for performance of those Services, a Work Order shall be prepared which incorporates the
A-2
1611 A
SCHEDULE B
RATE SCHEDULE
Professional Hourly Fee
Principal $175.00/hr
Chief Engineer $160.00/hr
Senior Project Manager/Senior
Design Engineer $140.00/hr
Project Manager/Senior Engineer/
Senior Planner $120.00/hr
Project Engineer $100,OO/hr
Engineer ISer.;o~ !Usj lI\.U"/E'n~~~ ~e:.J;...r $ 90.00/hr
Associate Engineer/lnspector/D.e.rs~V\er $ 75.00/hr
CAD Technician $ 65.00/hr
Technician $ 45.00/hr
Support
Administrative Assistant, Secretary
Clerical, other support
$ 60.00/hr
$ 50.00/hr
* (ThiS list is not intended to be all-inclusive. Hourly rate fees for other categories of
"Professional support and other services shall be mutually negotiated by the County and
firm on a project by project basis as needed)
END OF SCHEDULE B
TPA#1971265.5
Fixed Tenn PSA B-1
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Community Improvement District
General Fund
~ Date
Summary Of Check Register
December 2006
Check No,
Amount
12/01/06 -12/31/06
51373 - 51405
$ 269,645.67
1611 A
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1611 A
f-.?F
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MEMORANDUM
fo;:,,_~. : :':' '
'""""b,,
Misc, Correspondence Agenda "
Date
~""'-~
,"(ill!
-',';
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE
RE
March 19, 2007
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number,
Port of the Islands Community Development District
Port of the Islands Community Development District has submitted the following items:
a Resolution 2007-1,
Thank you
\speclal\speClal
Port of the Islands
Community Improvement District
16 J 1
A
Severn Trent Services, Management Services Division
210 North University Drive, Suite 800 - Coral Springs - Florida 33071
(954) 753-5841 - (954) 796-0623 fax
March 13,2007
Memorandum To:
Mr. Robert Dick
Severn Trent Services, Inc.
5726 Corporation Circle
Fort Myers, Florida 33905
Reference:
Document from Minutes of Meeting Held November 10,2007
From:
Calvin Teague
District Manager
Enclosed for your records is a copy of Resolution 2007-1, Declaring Certain Tangible
Personal Property Surplus Equipment and Authorizing the District Manager to Sell or
Dispose of Said Equipment as Expeditiously as Possible and Providing for an Effective
Date, which was approved in the minutes of the above-referenced meeting of the Port of the
Islands Community Improvement District's Board of Supervisors, Please make this document
available to the public during normal business hours.
If you have any questions, please call Janice Swade at (954) 753-5841.
Cc: For information purposes only:
Clerk of the Circuit Court
c/o Mr. Derrick Johnssen
2671 Airport Road, Court Plaza III
P,O. Box 413016
Naples, Florida 34112-3016
ReCEIVEr>
;---.
MAR 19 7007'
MAR 1 9 zo07
;~lNANCI:;;- J 1'; "..'
.-...f'. !
Mr. Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
Jms
1611 A
RESOLUTION 2007-1
A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE PORT OF THE
ISLANDS COMMUNITY IMPROVEMENT DISTRICT DECLARING CERTAIN
TANGIBLE PERSONAL PROPERTY SURPLUS EQUIPMENT AND
AUTHORIZING THE DISTRICT MANAGER TO SELL OR DISPOSE OF SAID
EQUIPMENT AS EXPEDITIOUSLY AS POSSIBLE AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Board of Supervisors of the Port of the Islands Community
Improvement District owns certain tangible personal property as more fully described in
Exhibit 'A' and Exhibit 'B', attached herein, and
WHEREAS, said tangible personal property is no longer useful to the Port of the
Islands Community Improvement District and;
WHEREAS, the District desires to declare said equipment on Exhibit 'A' and
Exhibit 'B' as surplus property and;
WHEREAS, the District desires to authorize the District Manager to sell or
dispose of said equipment as appropriate,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF SUPERVISORS OF THE PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT;
Section 1. The above recitals are true and correct and incorporated herein as
if set forth in full herein.
Section 2. The District Manager is hereby authorized to take the necessary
and appropriate steps to sell at auction or dispose as appropriate, said property.
Section 3. All sections or parts thereof which conflict herewith are, to the
extent of such conflict, superseded and repealed, In the event that any portion of this
Resolution is found to be unconstitutional or improper, it shall be severed herein and
shall not affect the validity of the remaining portions of this Resolution.
Section 4.
This Resolution shall take effect upon its adoption,
1611 A
PASSED AND ADOPTED this 10111 day of November, 2006, by the
Board of Supervisors of the Port of the Islands Community Improvement District, Collier
County, Florida.
- ~":5:IP? -P ~ h<'A/J
Ted Bissell
Assistant Secretary
~_~tr~
Richard tti
Chairman
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
RESOLUTION 2007-1
Exhibit "A"
1998 Chevrolet 1500 WIT
Short Bed
Regular Cab
VIN #: IGCECI4WOWZ214105
Miles: 139.963
2000 Ford F-150
Long Bed
Regular Cab
VIN #: IFTZFI728YNC22237
Miles: 132,902
2002 Chevrolet Silverado LS
Short Bed
Extended Cab with Half Doors
CD/Cassette Player
Power Windows/Locks/Keyless Entry
Cruise Control
VIN #: 2GCECI9W221410946
Miles: 163,780
1611 A
1611
A
,
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
RESOLUTION 2007-1
Exhibit "B"
Steel Tank used for Water Filtration
Two compartments
12' X 20' X 10'
Steel Tank used for Wastewater Treatment
Multiple Compartments
12' X 40' X 9'
NOTES TO BIDDER
Each bidder must inspect the site as well as each tank to establish the exact dimensions and work
requirements since the tanks are sitting on the ground without a concrete pad or any anchorage.
16/1 A
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
March 23, 2007
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Quarry Community DeveloDment District
Quarry Community Development District has submitted the following items:
a. Minutes of meeting held November 15, 2006.
Thank you
\special\special
M,sc COi-:es.
Date:.
ile'11#
CeG,';;:, ~v
~DPFG
SOUTHEAST 19DJ o*rcE A
6810 LYONS TECHNOLOGY CIRCLE
SUITE 150
DEVELOPMENT PLANNING & FINANCING GROUP, lNC
COCONUT CREEK, FL 33073
TEL (954) 426-3250
www.dpfg.com
DATE:
March 12,2007
MEMO TO:
Mike McLeod
Centex Homes
5801 Pelican Bay Boulevard
Suite 600, Florida 34108
"t'= CI: I Ii:", QUARRY COMMUNITY DEVELOPMENT DISTRICT
MAR 11 9 2oof:1inutes of the meeting Held November 15, 2006
c:",],\:,,;- -., ,Terri Stolzenberg
Associate
RE:
FROM:
Enclosed is a copy of the minutes of the meeting of the Quarry Community Development
District which are to be kept on file for public access during normal business hours,
:ts
Ene.
~...-
Cc: For Informational Purposes only: ~~
Clerk of The CircuitCo,~~;i~,ance7~~
Airport Road, Court P1a~a lfifii/\i,hf"!
P.O, Box 413016
Naples, FL 34112.3016
James Mudd, Collier County Mgr.
3301 East Tamiami Trail
Administrative Building, 2nd Floor
Naples, FL 34112
ORANGE COUNTY, CA SACRAMENTO, C A IAS VEGAS, NV PHOENIX A7 ORANGE COUNTY fl
~
.., r
J.oJl A
MINUTES OF MEETING
THE QUARRY
COMMUNITV DEVELOPMENT DISTRICT
The regular meeting of the Board of Supervisors of the Quarry Community Development
District was held 011 Wednesday, November 15. 2006 at 9:00 a.m, at Centex Homes, 580 I
Pelican Bay Boulevard, Suite 600. Naples. Florida,
Present and constituting a quorum were:
Mike McLeod
Tom Wegwert
Brett Brosseit
Alison Huber
Shazi Azami
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
John Daugirda
Cal Teague
Transition Manager
STS Manager
FIRST ORDER OF BUSINESS Roll Call
Mr. Teague called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of the August 14,
2006 Meetings
Mr. McLeod stated each Board member received a copy of the minutes of the August 14,
2006 meeting and requested any additions. corrections or deletions.
There not being any.
On MOTION by Ms. Azami seconded by Mr. Brosseit with all in
favor the minutes of the Au 'ust 14. 2006 meetin ' were a roved,
THIRD ORDER OF BUSINESS Consideration of Resolution 2007-1
Amending the General Fund and Deht
Service Fund Budget for Fiscal Vear 2006
Mr. McLeod stated the next item is Resolution 2007-1, What is the amendment for"
Mr. Teague responded you have various budget adj ustments throughout the year. You
will see the proposed increase or decrease on the second page of the resolution and how it affects
the budget.
November] 5,2006
16jl
The Quarry CDD
A
Mr. Daugirda stated this is a True-Up for Fiscal Year 2006, The amendment to the Debt
Service reflects many prepayments that were advanced and it is conforming to the actual flow of
money,
Mr. McLeod asked what was the $3,800 assessment increase')
Mr. Daugirda responded it was done by Fishkind & Associates.
Mr. McLeod asked was it for extra work he did')
Mr. Daugirda stated I do not think we budgeted for it originally. There is zero on the
original adopted budget and this was for the assessment roll.
Mr. McLeod asked is it not included in the $8,000 accounting agreement?
Mr. Daugirda responded no. The first three were Severn Trent Services for the
accounting, They broke it into three pieces; it is the standard management contract and it looks
like an oversight.
Mr. McLeod stated this is the tax roll preparation.
Mr. Daugirda stated yes and maybe a better way to phrase it.
Ms. Azami stated it says tax roll preparation. $2,500,
Mr. McLeod stated] wonder if they broke it into different accounts,
Mr. Daugirda stated sometimes a piece of it is for the general fund and a piece is for the
debt service, I do not see that in this case, The standard is to have it just in the general fund to
do all of the administrative costs.
On MOTION by Ms. Azami seconded by Mr. Wegwert with all in
favor Resolution 2007-1 Amending the General Fund and Debt
Service Fund Budcet was adopted.
FOURTH ORDER OF BUSINESS Discussion of Management Services
Mr. McLeod stated this is regarding the transition regarding the 60-day period moving
from Severn Trent Services to DPFG.
IMs. Azami moved to transition the management to DPFG.
Mr. Brosseit asked does this include all of the accounting?
Mr. McLeod respondcd he is taking the regular accounting and Fishkind & Associates is
still keeping the assessments.
2
1611 A
November 15. 2006
The Quarry CDD
Mr. Brosseit stated we are severing Severn Trent Services completely.
Mr. McLeod stated yes with a 60-day notice,
Mr. Daugirda stated a brief background of the group I am joining is experienced in three
other states also, They are primarily a team of accountants and financial analysts who started as
consultants for developers. They do a lot of work with land acquisition, development consulting
and the financing work. They form special taxing districts in three western states and now
Florida,
Mr. Wegwert stated they are based in California.
Mr. Daugirda stated I belicve they probably contacted you because they do a lot of work
with Centex out west.
Mr. Teague stated I have recently been assigned from South Bend, Indiana to the
southwest Florida area where I was responsible for all of the Midwest operations for Severn
Trent Services, Prior to that. I worked for 25 years as a city manager in the Midwest. Severn
Trent Services is making a very strong commitment to southwest Florida by bringing me into the
area,
We very much appreciate the relationship and understand you have a long relationship
with Mr. Daugirda. but if at anytime you want to come back to Severn Trent Services, we will be
more than happy to renew the relationship and you will have me as a manager for a very long
period of time.
IIMr. Brosseit seconded the motion,
On VOICE vote with all in favor to transition the management to
DPFG and terminate Severn Trent was approved.
Mr. McLeod asked do you have a transition letter we need to send out?
Mr. Daugirda responded I will send it. It is a very simple letter, which says thanks for the
service from the establishment. we wish you success and this starts the clock.
Mr. Wegwert stated our fiscal year is through September 30th We will be one quarter
into the fiscal year when we switch over.
Mr. McLeod stated he waited to get all of the tax roll stuff done.
3
November IS, 2006
1 l I 1
TI4.<9aJy WD
A
Mr. Daugirda stated it was a piece of the timing. I am friends with everyone at Severn
Trent Services and it will be a cooperative consideration to get through the transition phase,
Technically. they still have a contract: they can do the back office work and I will be the
transition manager. I will continue to track everything and we will share information for the next
couple of months or so. There is no charge for the service during the transition period.
Mr. McLeod stated this is your contract and fee schedule,
Mr. Daugirda stated I do not have the advantage of having the documents from the file,
wanted it to be the same as it is now. The $45,000 is the same, the bonds are done and the
assessments are Fishkind & Associates, so it does not apply,
Mr. McLeod stated we will not be doubled billed for any1hing during the transition.
Mr. Daugirda stated our accountants and CPA's will be communicating with their people
to transfer the records, The intent is to make it seamless for you,
Mr. McLeod asked is this something to sign and approve at this meeting?
Mr. Daugirda responded if that is okay. This is the simplest contract you will ever see.
We do the work. we are involved with the transition and the fees are in Exhibit "A", You can
terminate if you want with a 60-day temlination at anytime. On the fee schedule is $45,000,
which is the same as what you were paying, and I lumped the expenses in a monthly amount to
not have to go through all of it and I think it is reasonable for these districts as a general sense of
the cost.
Mr. McLeod stated not all of these are applicable.
Mr. Daugirda stated no, the bond does not apply.
Mr. Wegwert stated nor does the assessment collections,
Mr. Oaugirda stated three will be the only thing. I think it is part of the Severn Trent
Services approach, but I am not sure they are billing you for it: we will need to look at the
budget.
Mr. McLeod stated basically what you are saYll1g ]s you will be able to step into the
preapproved budget numbers for the fiscal year.
Mr. Daugirda stated yes,
On MOTION by Ms, Azami seconded by Mr. Brosseit with all in
favor the Management Contract with OPFG was approved with
the removal of Item No.3 for Trust Fund Accounting.
4
November 15, 2006
1re QL~ coJt
FIFTH ORDER OF BUSINESS Manager's Report
There being no report, the next item followed.
SIXTH ORDER OF BUSINESS Attorney's Report
There being no report. the next item followed.
SEVENTH ORDER OF BUSINESS Engineer's Report
There being no report. the next item followed.
EIGHTH ORDER OF BUSINESS Supervisor's Requests
Mr. Oaugirda stated backing up there may be one other thing. In the adjoining
community of Heritage Bay. you share a lake and there may be a proposal for an Interlocal
Agreement from them for the shared maintenance requirements for SFWMO. but I do not have
all of the details.
Mr. Wegwert stated it is the HOA and the COO is really out of the equation because the
HOA is the legal owner now. The COO will not own or be responsible for the water
management permit or the environmental pennit; it will be the HOA,
Mr. McLeod asked does it include the Heritage Bay side of it?
Mr. Wegwert responded yes, It all falls under the Master Association umbrella because
we are all together.
Mr. McLeod asked who will the Interlocal Agreement be with?
Mr. Wegwert responded their COO owns their lake and our HOA owns ours. There will
be some kind of agreement between their COO and our HOA.
We are meeting with the US Homes people from a development and joint interest side
once or twice a month,
Mr. Brosseit stated more or less. They come out to our team project meetings on site,
They have not gotten into this issue yet.
Mr. Oaugirda stated he called me about this awhile back. He is aware of it and maybe
youjust need to talk to Russell to work it out with him,
Mr. Wegwert stated the only othcr item on the table is we are working on a Maintenance
Agreement between the HOA and COO for maintenance purposes, Basically, they will take care
of everything and pay for it all and the COO is going to give them the authority.
Mr. McLeod asked does the COO have to approve those formally?
Mr. Wegwert responded yes,
5
16\1 A
November 15, 2006
The Quarry CDD
TENTH ORDER OF BUSINESS Approval of Financial Statements and
Funding Requests No. 27 through 34
Mr. Teague stated we need to amend it to include Funding Request No, 35 which is in
your packet.
On MOTION by Ms, Azami seconded by Mr. Brosseit with all in
favor the nnancial statements and Funding Requests No. 27
throuQh 35 were aooroved,
ELEVENTH ORDER OF BUSINESS
There being no further business,
Adjournment
On MOTION by Mr. Brosseit seconded by Mr. Wegwert with all
in favor the meetinQ was adiourned.
.
_____at..........,-----.
~/
K.t;k~ I>Uw.:l . ""H M5ec'-f---
Chairman
r
{/
"- ,'/~;~
~
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Brett-Rrr",,'it JohnJDaugirda
'~Ilb5ecretary
6
16 II A
AGENDA
Quarry
Community Development District
Wednesday
November IS, 2006
9:00 a.m,
Centex Homes
5801 Pelican Bay Boulevard, Suite 600
Naples, Florida
I, RollCall
2. Approval of the Minutes of the August 14,2006 Meeting
3, Consideration of Resolution 2007-1 Amending The General Fund and Debt Service
Fund Budget for Fiscal Year 2006
4, Discussion of Management Services
5. Manager's Report
6. Attorney's Report
7, Engineer's Report
8, Supervisor's Requests
9. Audience Comments
10, Approval of Financial Statements and Funding Requests No, 27 through 34
II. Adjournment
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------~------~----------------------+------------------------
1611
A
20c..lQ.
NQtlceOf Meetln"
The Q~arry CommunIty
Development DIs;trlet
.~ " I
Afl1e.iln~ of ihe
Board of Supervisors of
the_ Quarry Community
Development District
will be held on Wednes-
day, November 15, 200,'
at 9:00 a.m, at the 0 .
flees of Centell: Homes.
5801. PellcAI"i Bay Boule-
vard, iulte600, NaPles,
Fto~lda.. The Board wl-l
ICO"."t1t1d er-certallJ JI.O QCu,
mentS' related to the Js-
suance i)f.lp~c"~1 as.
stument. bonds and
conducLotner busIness
'iR:to~J.,.come before
. ~ meeting Is OF'"
to the ~bllc and wil be
conducted In accord'
ancewlth the provi-
sions of florida LAW tor
community Develpp-
ment Districts, The
meeting may be contin-
ued to a date, time, and
p:lace to be specified on
the ~cord at the meet-
Ing. '. .
There may be occa-
I slons when one, or more
Supervisors will partlcl-
paUl by telephone. At
the above location there
will be. ~resent a speak-
ertele one so that any
lntereJj ed person can
attend the, meeting at
the, above Jocation and
be fully Informed of th,
discussions taking
place either In person or
by telephone communi-
cation.
Any' person requir-
ing ,sPecial accommoda-
tlon,s-.t,this meeting
bec,use of a dlsablJlty
or PHysical Impalrment
should contact the, Dls.
trlct Office at (954),753-
5841 at least three cal-
endar days prior to the'
meet'no. . .
Each person who de-
cides to appeal any ac-
tion taken at these
meetings is advIsed that
person will need a re-
cord of the proceedings
and that accordingly,
the person may need to
ensure that a verba.tlm,
record of the proceed..
~ngs, I. 'IJI. ad. e; InclUdih. .
th~ 'te'!itlmony andevl-
.c;t~nc~ ~p_l:lr\ which ~uch
appear Is to be based.
Severn Tre'nf serVices
District Management
NO~,_8 No. 1410918
QUARRY COMMUNITY
210 N UNIVERSITY
CORAL SPRINGS FL
DEV. DISTRICT
DR #702
33071
REFERENCE:
062367
59317579
NOTICE OF MEETINGTHE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a dally 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 hereco[ol.'e 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: 11/08 11/08
AD SPACE, 77.000 INCH
FILED ON, 11/08/06
--------------------------------------------------+------------------------
Signature of Affiant ~~, ~
,
Sworn to and Subscribed before me this \~\-\^'iJay of "---f\uv
u,00.J-< t Q C)_J'f\~U'-..Q,d
Personally known by me
;:,-~f;;..:~.~.-:. Chanel A McDonald
~i ,. ~., !'1 MY COMM,SS,ON. D0110103 EXP,RES
-:"1~~~~ June 29, 2007
. ',.9f"f:;.,' BONDED THRU TROY fAIN INSURANCE, !NC
16 11 A
RESOLUTION 2007-1
A RESOLUTION AMENDING THE QUARRY COMMUNITY
DEVELOPMENT DISTRICT GENERAL FUND AND DEBT
SERVICE FUND BUDGET FOR FISCAL YEAR 2006
WHEREAS, the Board of Supervisors, hereinafter referred to as the
"Board", of The Quarry Community Development District, hereinafter
referred to as "District", adopted a General Fund and a Debt Service Fund
Budget for Fiscal Year 2006, and
WHEREAS, the Board desires to reallocate funds budgeted to
reappropriate Revenues and Expenses approved during the Fiscal Year.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE QUARRY COMMMUNITY DEVELOPMENT
DISTRICT THE FOllOWING:
1, The General Fund and Debt Service Fund Budget is hereby
amended in accordance with Exhibit "Au attached.
2, This resolution shall become effective this 7th day of November,
2006 and be reflected in the monthly and Fiscal Year End 9/30/2006
Financial Statements and Audit Report of the District.
The Quarry
Community Development District
/~Jr1A
By:
Chairman
Attest: ;/
i~i., ~6-
By: .5 I~
Secretary
Exhibit "A" 161 1 A
The Quarry
Community Development District
FY 2006
General Fund
Budget Amendment No.1
Proposed
Adopted (Increasel Amended
Category Budget Decrease) Budget
Revenues
Developer Contributions $86,325 $0 $86,325
Total Increase (Decrease) $86,325 $0 $86,325 I
Expenditures:
Administrative
Management $32,000 $0 $32,000
Accounting $8,000 $0 $8,000
Recording $5,000 $0 $5,000
Annual Audit $4,000 $0 $4,000
Attorney Fees $12,000 ($8,450) $3,550
Engineering Fees $10,000 $8,000 $18,000
Special Assessment $0 $3,800 $3,800
Computer Time $500 $0 $500
Postage $1,000 $600 $1,600
Telephone $300 $0 $300
Rentals & Leases $2,400 $0 $2,400
Insurance $5,000 $300 $5,300
Printing & Binding $2,000 $0 $2,000
Legal Advertising $3,000 $0 $3,000
Contingencies $500 $900 $1,400
Office Supplies $200 $850 $1,050
Annual District Filing Fee $175 $0 $175
Capital Outlay $250 $0 $250
Total Increase (Decrease) $86,325 $6,000 $92,325 I
Exhibit" A"
16 11
A
The Quarry
Community Development District
FY 2006
Debt Service
Budget Amendment NO.2
Proposed
Amended (Increasel Amended
Category Budget Decrease) Budget
Revenues
Interest Income $222,412 $0 $222,412
Prepayments $0 $3,429,421 $3,429,421
Total Increase Decrease $222,412 $3429,421 $3,651,833
Expenditures
Interest $5,242,176 $0 $5,242,176
Principal - Mandatory $62,670,000 $0 $62,670,000
Principal - Extraordinary $0 $2,640,000 $2,640,000
Total Increase Decrease $67912,176 $2,640,000 $70,552,176
Other Sources and Uses
Bond Proceeds - Series 2005 A $74,886,331 $0 $74,886,331
Bond Proceeds - Series 2006 B $0 $8,012,793 $8,012,793
$74,886,331 $8,012,793 $82,899,124
Exhibit "A"
16 j 1
A
The Quarry
Community Development District
FY 2006
Debt Service
Budget Amendment No.2
Proposed
Amended (Increasel Amended
Category Budget Decrease) Budget
Revenues
Interest Income $222,412 $0 $222,412
Prepayments $0 $3,429,421 $3,429,421
Total Increase Decrease $222,412 $3,429,421 $3,651,833
Expenditures
Interest $5,242,176 $0 $5,242,176
Principal - Mandatory $62,670,000 $0 $62,670,000
Principal - Extraordinary $0 $2,640,000 $2,640,000
Total Increase Decrease $67,912,176 $2,640,000 $70,552,176
Other Sources and Uses
Bond Proceeds - Series 2005 A $74,886,331 $0 $74,886,331
Bond Proceeds - Series 2006 B $0 $8,012,793 $8,012,793
Total Increase Decrease $74,886,331 $8,012,793 $82,899,124
~DPFG
1801 LEE ROA1, B,k 1
WINTER PARK. FL 32789
TEL (407) 529-8915
FAX (407) 386-6735
WWW.dpfg.com
A
DEVELOPMENT PlANNING & FINANCING GROUP, INC
November 15,2006
Board of Supervisors
Arbotwood Community Development District
Supervisors:
Development Planning & Financing Group, Inc. ("DPFG" or the "Manager") offers to enter into this
agreement with ArborwoodCommunity Development District (the "District") which, upon your
acceptance of this offer, will be binding upon you and upon us.
I, Scope of Services: The Manager proposes that its duties, among others, shall include the
following:
a. Management Services - Manage the District pursuant to Chapter] 90 and related provisions
of Florida Statutes; advise the Board on substantive. procedural and regulatory issues relating
to district matters; budget development and implementation; administer contracts regarding
community infrastructure and amenities;
b. Records Administration - Prepare legal notices, agendas and meeting packets; prepare
official minutes; manage, organize, and archive official records; file appropriate records and
reports with government agencies; process records requests and other communications;
c. Accounting Services - Manage government fund accounting system; prepare financial
statements; implement government investment policy; prepare government mandated
fmancial reports; coordinate with auditors on annual independent audits; perform all other
government required financial functions pertaining to District administration;
d. Special Assessment Services - Provide professional assessment management for the
assessment, levying and collection of special assessments; services include preparing an
annual assessment roll and coordinating with county taxing authorities for the collections;
e. Financial Advisory Services - Work with the underwriter and financing team regarding bond
issuances; prepare assessment methodology reports; testifY at bond validation and assessment
hearings; provide ongoing advice to the Board regarding financing matters.
ORANGE COUNTY, CA SACRAMENTO, CA [AS VEGr.s NV ?'-IOFNIX AZ ORA\JGE COL.:NTY Fl
1. Transition Manal!er: The Board has given notice of termination to Seve..1 .nJ("l").'A
prior management services provider. DPFG shaH provide a Transition ~ager to provide
executive management during the transition period as ST phases out its contractual duties,
DPFG will not charge the District for its standard transition service, The parties contemplate that
during the transition period that ST shall complete assistant manager, secretarial, accounting,
records transfer and any other relevant back office functions; shall take direction from the DPFG
Transition Manager; and shall effectuate a cooperative transition that is in the best interests of
the District.
3. Fees: The District will not compensate DPFG for transition work. However, the District agrees
that after the completion of the transition it will compensate DPFG in accordance with the fee
schedule set forth in Exhibit A.
4. Term: This agreement shaH be effective upon your acceptance hereof, and it shaH remain in
effect until such time as th~ agreement has been terminated in accordance with Section 5 hereof.
5. Termination: Both the District and the Manager wiH have the right to terminate this agreement
upon 60 days notice.
Sincerely,
Development Planning & Financing Group, Inc, by
.\1aik Aagaard
.\1anaging Principal
Approved and Accepted by Arborwood Community Development District:
By:
Title:
Date:
2
EXHIBIT A.
FEE SCHEDULE
16 11
'7
~[-v
<it 101
/
A
Annual Base Contract
L Annual District Management including management, records administration, general fund
accounting, and regulatory compliance work at $4-),tllJU per year. The District will consider 5f
price adjustments to compensate for market conditions and the anticipated type and amounL_J('t",:
of work to be perfonned by the manager during the upcoming fiscal year and approve the (Dr-
amount of compensation in its fiscal year budget. Also, the District will pay $jI15o per month .(J....c
to cover all standard reimbursable general operating expenses, such as document delivery,
photocopies. telephone calls, faxes, report printing costs, archive storage rental fees, etc. ~
Bond Issuance and Financial Advisory Services \
2, Bond Issuance - Work as an integral member of the financing team, coordinate financing I
hearings. publish all legal notices and resolutions, appear as expert witness in bond validation I
and assessment hearings, and provide additional management and financial advisory work
including preparation of draft and final Assessment Methodology Reports in support of the !
issuance of bonds, $30,000 per bond issue (Requires special authorization and payable from /
bond cost of issuance proceeds). I
I
3. Trust fund Accounting - Debt servicef-' construction fund accounting. $3,500 per year~fLj;~
during the indebtedness period, Commen after bond issuance, ~/v;"<'
; Ai'
Assessment Collections _
4. Assessment Administration - Actual fees will be based upon discussions between the
parties during each phase of development. During the initial direct bill phase when the
developer ov.ns all of the property, there will be a nominal annual charge of $ I ,000 to cover
the processing of direct billing and collections. As the property is platted, lots are sold and
there are assessments to be applied to multiple landowners, the assessment roll and annual
collection serviCes will be billed upon mutual agreement of the parties in the range of $5,000
to $12,500 depending upon the complexity of the project.
Other Services
5, The parties may specially agree to and authorize other special economic, accounting, or
analytical DPFG services to be rendered by DPFG, A list of the optional services is available
upon request.
3
1611 A
QUARRY
COMMUNITY DEVELOPMENT DISTRICT
Collier County, Florida
November 15, 2006
Via E-mail toBfernandez@.sevemtrentms.com
And via Overnight Mail:
Mr. Bob Fernandez, Regional Manager
Severn Trent Environmental Services, Inc.
210 North University Drive, Suite 702
Coral Springs, Florida 33071
Dear Mr. Fernandez:
In accordance with the decision made by the Board of Supervisors of the Quarry
Community Development District ("District") during its public meeting today, please
accept this notice of termination of the agreement between Severn Trent Environmental
Services, Inc., and the District regarding the provision of management advisory services
("Agreement'"). Pursuant to the Agreement, the District may terminate the Agreement for
any reason upon sixty (60) days notice. In accordance with that provision, the Agreement
shall terminate on January 14,2007, unless you will agree to an earlier date.
In the next couple of days, District staff will be in contact with you to discuss the
transfer of all books and records of the District, and any other matters. Your assistance in
transferring these materials in an orderly fashion as required by the Agreement would be
appreciated,
We appreciate the management services your firm has provided since the
District's establishment and wish you continued success.
Sincerely,
//(, '1 ~
Mike McLeod
Chairman, Board of Supervisors
1611 A
r~t~ Berger, Toombs, Elam,
(& Gaines & Frank
CNliii.-d f'lIClill ,.l,rn);.I'1.~nl~ 1'1
SunTlu~~ B,lld, [Jllildi:l~
SUli(' .lOll
111 ()r;mgi" AII'nl;I'
~nrl Pi,'r\-l'. FJwub :'i'~'I~,P
77:J.'4!,1.fdlIJ:, .Hol.J :~,',
lAX: 771;,;.,(l.'IJ7H
June 30, 2006
THE QUARRY COMMUNITY DEVELOPMENT DISTRICT
cio Janice Larned. Fmance Director
Severn Trent ServIces
210 North University Drive. Suite 702
Coral Springs Florida 33071
We are pleased to confirm our understanding of the services we are to provide THE QUARRY
Community Development Distnct for the year ended September 30, 2006. We will audit tr,e
financial statements of THE QUARRY Community Development District as of and for the year
ended September 30. 2006.
Audit Objectives
The objective of our aud;t is tre expression of an op,nion as te whether your financ,al
statements are fairly presented, in all material respects, in conformity w,th U S generally
accepted accounting principles. Our audit will be conducted m accordance w,th U. S.
generally accepted auditing standards and the standards for financial audits contained in
Go.'cmmel/t AucJiting Sfandards_ issued by the Comptroller General of the United Stales. and
will be in compliance with the specifrcations set forth in Chapter 10,550, "Rules of the Auditor
Gene'al-Local Governmental Entity AudIts," and will mclude tests of the accounting records of
THE QUARRY Community Development District and other procedures we consider necessary
to enable us to express such an opilllon. If our opmion on the financial statements is other
than unqualified. we will fully discuss the reasons with you in advance. If, for any reason, we
are unable to complete the audit or are unable to form or have not formed an op'llIon, we may
decline to express an opinion or to Issue a report as a result of this engagement
We will also provide reports (that do not include opinions) on internal control related to the
financial statements and compliance with laws, regulations, and the provis'ons of grant
agreements, noncompliance with which could have a material effect on the financial
statements as reqUired by Government Audif/ng Standards
1"'11'1\:1\,' :-t,J.H:
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,\1,"111:"'1 ".I('l'.\t.lI'."I"I'!'" 1i',\I'"('1".
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""",d,," IIC/,.\
1611 A
c:f"n Rcrgef, Toonlh.;;, Elilln,
'-('}J C~1inc-s & h.lnk
,.~......... ....--. ..
THE QUARRY Community Development District
June 30, 2006
Page 2
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for
compliance with laws. regulat,ons contracts, and agreements In fulfilling this respons,bil,ty
estimates and Judgements by management are required to assess the expected benefits and
related costs of the controls The obJect,ves of Internal control are to prov,de management
with reasonable, but not absolute, assurance that assets are safeguarded against loss from
unauthorized use or dispos,tion, that transactions are executed In accordance with
management's authorizat,ons and recorded properly to permit the preparation of finanCial
statements In accordance with generally accepted accounting principles
Management is responsible for making all f'nancial records and related informat'on available to
us, We understand that you will prov,de uS w,th such information reqUIred for our aud,t and
that you are responsible foe the accuracy and completeness of that information We will
advise you about appropriate accounting principles and their application and wi!! adv,se you ,n
the preparation of your finanCial statements, but the responsib,lity for the financial statements
remains with you. That responSibility ,neludes the establishment and maintenance of
adequate records and effective mternal control over f,nanc,aJ reporting, the selection and
application of accounting pnncples. and the safeguarding of assets. Management 's
responsible for adjusting the fll1ancial statements to correct material misstatements and for
confirmi'1g to us in t'1e representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the latest period presented
are immaterial, bo:h indiv,dually and in the aggregate to the financal statements taken as a
whole. You are resDonsible for the des'gn ana ,mplementat,on of programs and controls to
prevent and de:ect ~raud, and for 'nformlng us ab:Jut all known or suspected fraud affecting the
government involv,ng (a) management, Ib) employees who have s'gn,f,cant roles in intereal
control. and (c) others whe'e the fraud couJd have a materia' effect on the financial
statements You are also respons,ble for infcrming us of your knowledge of any allegations of
fraud or suspected fraud affecting the government received in communica:,ons from
employees. former employees, regulators, or others. In addition. you are responsible for
idenlifying and ensuring that the entity complies with applicable laws and regulations
Audit Procedures - General
An aud,t includes examining on a test baSIS eVidence supporting the amounts and
disclosures in the financial statements; therefore. our audit will involve Judgment about the
number of transactions to be examined and the areas to be tested We will plan and perform
the aud,t to obta,n reasonable rather than absolute assurance about whether the financial
statements are free of material misstatemenl. whether from errors. fraudulent financial
reporting, misappropriation of assets, or violations of laws or governmental regulations that are
attributable to the entity or to acts by management or employees acting on behalf of the entity.
Beoause an audit is designed to provide reasonable, but not absolute assurance and because
we will not perform a detailed examination of all transactions, there is a risk that matenal
~ Bcr:gp.r, Toombs, flam,
Q=P C..linC'S & I-rclok
1611 A
,.......................-. .,
THE QUARRY Community Development District
June 30. 2006
Page 3
misstatements may exist and not be detected by us. In addil,on, an audit is not designed to
detect immaterial misstatements or v,olations of laws or governmen!al regulat,ons that do not
have a direct and material effect on the financial statements. However, we will inform you of
any material errors that come to our attention, and we will inform you of any fraudulent
financial reporting or misappropriation of assets that comes to our allention. We will also
inform you of any violations of laws or governmental regulations that come to our attention,
unless clearly inconsequential Our responsibility as auditors is limited to the period covered
by our audit and does not extend to matters that might anse during any later periods for which
we are not engaged as aud,tors.
Our procedures will mclude lests of documentary evidence supporting the transactions
recorded in the accounts, and may ,nclude tests of the physical existence of inventories. and
direct confirmation of receivables and certain other assets and liabilities by correspondence
with selected individuals, creditors, and financial institulions. We will request wrillen
representations from your attorneys as part of the engagement, and they may bill you for
responding to this inquiry. At the conclusion of our audit, we will also require certain wflllen
representations from you about the financial statements and related matters.
Identifying and ensuring that THE QUARRY Community Development District complies with
laws, regulations. contracts, and agreements is the responsibility of managemenl. As part of
obtaining reasonable assurance about whether the financial slatements are free of matenal
misstatement. we will perform tesls of THE QUARRY Corrmunity Development District s
compliance with applicable laws and regulations and the proviSions of contracts and
agreements However, the objective of our audit will not be to provide an ooinio,", on overall
compliance and we w,ll not express such an opimon.
Audit Procedures - Internal Controls
In planning and performing our aUd,t. we will consider the internal control sufficient to plan the
aJdit in order to determine the nature, timing, and extent of our audiling procedures for the
purpose 0' expressing our opinion on THE QUARRY Community Development Districl's
financial statements
We will obtain an understand,ng of the design of the relevart controls and whether they have
been placed in operation, and we will assess control risk. Tests of controls may be performed
to test the effectiveness of certain controls that we consider relevant to preventing and
detecting errors and fraud that are material to the financial statements and to preventing and
detecting misstatements resulting from illegal acts and other noncompliance mailers that have
a direct and material effect on the financial statements Our tests, if performed, will be less in
scope than would be necessary to render an opinion on internal control and, accordingly, no
opinion will be expressed
Rb i~.'.'~p'~. 11~:HI111~.<[1,1I11.
~ C.lIIll':- l\.. rr.nk
16 11 A
THE QUARRY Community Development Dlstnct
June 3D, 2006
Page 4
An audil IS nol designed to prevlde assurance on rnter~al control or to Idertlfy reportab,e
conditions Ilowever. we Will inform the governing body or audit committee of any matters
involving Internal control and its operation that we consider to be repQrtable conditions under
standards established by the American Institute Qf Certified Public Accountants Repol1ablc
conditions Involve matters COll1l11g to OUI attention relating to significant deficienCies In the
deslg~ or operation of tt1e II1ternal control tI'at. in our judgement, could adversely affect tl1e
er.tltys ability to record, pcocess, summarrze, and repoe! financial data consistent with the
assertions 0' managelnent In ttle financial statements
Audit Administration, Fees, Delivery of Financial Statements and Other
We L.l1derstand !I'at your employees wlL prepare all caSIl or other co~firmmlOns we request
and \.villlcca~e any Invoices selected oy us for testrng
The workpapers tc, tl1is engagement are the property of Berger, Toombs, Elam. Gaines &
Frank and constitute confidential informallQn However. we may be requested to make certa n
workpapers avarlable to a Cognizant or Gramor Agency pu,suant to autnonty given to It by law
01 regulation I! requested access fo such wc,<papers wi. I be proVided under t1e supervlsIO'~
of Berger, Toombs Elanl, Gaines & Frank pe,sollnel Furthermore, uoon request we mal'
prOVide photocopies at selected workcJapers to a Cognrzant or Gran:or Agency The
Cognizant 01 Granto' Agency may 'ntend. or deCide :0 dstr,bu:e (/10 photocopies or
in.rormat'on contair~ec ttlere:n to a:he.-'s 'nclud n9 othe~ governmcn:al ager::ies
Our blJr'1gS 'or the SerVices set fort:, If' It'ls leller which wll be based uPQn Qur rales fOI thiS
type of wor<. Will be rendered du' ng eac,~ montr 0:1 an estil'ated baSIS ar'd are payable upo-
receIpt It IS Our expectation that oue fee for :,"IS ergagelnent w:11 be $4.100 ThiS estlmafe IS
based on anCc,patcd coaperallo'l f:om .1'anagement and the aSSumplicn Ihat unexpected
circumsta',ces Will not be enCOl<ntered durrng the audit If Significant addtional tlfne 's
necessary', we Will diSCUSS It With you and arrive at a ne',,' fee estimate before we incur !',e
additiona' costs Such b llings w'lI alsQ inclcde olit-ot-Docket expenses TI1is e:1gagement
lnclCldes enly Ihose se:vlces speclflca:ly desc',bed In hs letter and appearances before
Judicial proceedings or government organizations or othe 'egu1alory bodies ans'ng oul of thiS
engagcfl'elt will be biPed to you separate'y
This engagemen: IS reClewable from year to year wltlltlla mutual consent of both parties
Government Aurfrll/}g Standards require that we provide you with a copy of c~r most recent
quality control review report Our 200-1 peer review repol1 accompanies this letter.
16 11 A
.
d:h ~('rg(,f, Toombs, Elam,
~07 Caines & Frank
THE QUARRY Community Development District
June 30, 2006
Page 5
We appreciate the opportunity to continue to be ot service to THE QUARRY Community
Development District and believe this letter accurately summarrzes the significant terms of our
engagement. If you have any questions, please let us know ff you agree with the terms of
our engagement as described in this letter, please sign the enclosed copy and return It to us
Very truly yours,
BERGER. TOOMBS, ELAM, GAINES & FRANK
/_.-?...... /. .. .
~<4;/%~>
/.;.>//../ ---~
.. ....,..,~:/::>.;:<:...~=-:~----~ -.--==-------
JW Gaines. Director
This letter correctly sets forth the understanding of THE QUARRY Community Development
District
~/
/'(-1 rt{
---.--.-- ..----- ----- --
THE QUARRY Community Development District
/ I ~sffit__
Date
W,!(t(lt"lill.d,l'TliE QUARR.Y cddI2C~'~'''e'g'l5
The Quarry
Community Development District
Unaudited Financial Statements
as of
September 30, 2006
16 11 A
16 I 1 A
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
COMBINED BALANCE SHEET
September 3D, 2006
Governmental Fund TVDes
Debt C.pit.i Tot.is
General Service Projects 2006
ASSETS:
CASH $ 4,122 $ $ $ 4,122
iNVESTMENTS
Reserve Account 7,277,544 7,277,544
Capitalized Interest Account 8,262,700 8,262,700
Interest Account 342,628 342,628
Prepayment Account 813.847 813,847
Construction 43,076,315 43,076,315
Cost of Issuance 2,175 2,175
DUE FROM DEVELOPER 4,980 4,980
INTEREST RECEIVABLE 65,349 30,700 96,049
TOTAL ASSETS $ 9,102 $ 16,762,068 $ 43,109,190 $ 59,880,360
LIABILITIES:
ACCOUNTS PAYABLE $ 1,080 $ $ $ 1,080
ACCRUED EXPENSES 3,900 3,900
ACCRUED INTEREST PAYABLE 336,282 336,282
FUND EQUITY & OTHER CREDITS:
FUND BALANCES:
UNRESERVED AND UNDESIGNATED $ 4,122 $ $ $ 4,122
RESERVED FOR DEBT SERViCE 16.425,786 16,425,786
RESERVED FOR CAPiTAL PROJECTS 43,109,190 43,109,190
TOTAL LIABILITIES AND FUND EQUiTY
& OTHER CREDITS $ 9,102 $ 16,762,068 $ 43,109,190 $ 59,880,360
,1,
16 I 1 A
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
GENERAL FUND
Statement ot Revenues & Expenditures
For The Period Ending September 30, 2006
GENERAL FUND PRORATED BUDGET ACTUAL
BUDGET THRU 9/30106 THRU 9/30106 VARIANCE
Revenues:
Developer Contributions $ 86,325 $ 86,325 $ 81,146 $ (5,179)
Total Revenues 1$ 86,325 $ 86,325 $ 81,146 $ (5,179)1
Expenditures:
Administrative
Management $ 32,000 $ 32,000 $ 32,000 $
Accounting 8,000 8,000 8,000
Recording 5,000 5,000 5,000
Annual Audit 4,000 4,000 3,900 100
Attomey Fees 12,000 12,000 12,000
Engineering Fees 10,000 10,000 17,934 (7,934)
Special Assessment 3,800 (3,800)
Computer Time 500 500 500 (0)
Postage 1,000 1,000 1,504 (504)
Telephone 300 300 19 281
Rentals & leases 2,400 2,400 2,400
Insurance 5,000 5,000 5,277 (277)
Printing & Binding 2,000 2,000 1,632 368
Legal Advertising 3,000 3,000 3,266 (266)
Contingencies 500 500 1,381 (881)
Office Supplies 200 200 1,016 (816)
Annuai District Filing Fee 175 175 175
Capital Outlay 250 250 250
Total Administrative Expenditures 1$ 86,325 $ 86,325 $ 87,629 $ (1,304)1
EXCESS REVENUES/(EXPENDITURES) S S (6,483)
FUND BALANCE, BEGiNNING S S 10,604
FUND BALANCE, ENDING S S 4,122
-2-
1611 A
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
DEBT SERVICE FUND
Statement of Revenues & Expenditures
For The Period Ending September 30,2006
DEBT SERVICE PRORATED BUDGET ACTUAL
FUND BUDGET THRU 9/30/06 THRU 9/30/06 VARIANCE
Revenues:
Prepaid Assessments $ $ $ 3.429.421 $ 3,429.421
Interest Income 222.412 222.412 380,307 157,895
Net Increase in FMY,lnvestments 109,242 109,242
Total Revenues 1$ 222.412 $ 222.412 $ 3,918,970 $ 3,696,558 I
Expenditures:
Interest - 2004 BAN (retired) $ 2,985,529 2,985,529 $ 2,985,529 $ (0)
Interest, 2005 2,256,647 2,256,647 2,096,778 159,869
Principal, 2004 BAN (retired) 62,670,000 62,670,000 62,670,000
Principal Prepayments 2,640,000 (2,640,000)
Total Expenditures $ 67,912,176 $ 67,912,176 $ 70,392,307 $ (2.480,131)
Other Sources and Uses:
Bond Proceeds $ 74,886,331 $ 74,886,331 $ 82,899,124 8,012,793
Total Other Sources & Uses $ 74,886,331 $ 74,886,331 $ 82,899,124 $ 8,012,793
EXCESS REVENUES/(EXPENDITURESj 1$ 7,196,567 $ 16,425,786 $ 9,229,220 I
FUND BALANCE, BEGINNING $ $
FUND BALANCE, ENDING $ 7,196,567 $ 16,425,786
,3,
16 11 A
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
CAPITAL PROJECTS FUND
Statement at Revenues & Expenditures
For The Period Ending September 30,2006
CAPITAL PROJECTS
FUND BUDGET
PRORATED BUDGET
THRU 9/30/06
ACTUAL
THRU 9/30/06
VARIANCE
,4-
August 2, 2006
The Quarry
Mike McLeod mmcleodal>centexhomes.com
Centex Homes
5801 Pelican Day Blvd" Suite 600
Naples, FL 34108
Fax: 239,598-1290
Dear Mr, McLeod
FY06
The current funding request for The Quarry Community Development is necessary to
pay the following:
FedRx
lnv# 1,125-02377
Inv# 1-112,05134
Inv# 1-138-01497
Navies Dailv News
Ad #1385187
Severn Trent Services
Inv #2025862
PAY REQUEST #27
July
July
July
$
$
$
25,08
72.23
13.69
184.40
July
$
4,301.24
Total Requested: $
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Yours sincerely,
The Quarry Community Development District
June
$
4,596,64
Please fund these items at your earliest convenience,
Thank you for your attention to Ihis matter and if you have any questions, please contact
Pat Falcone at 954,753-584
9cd-~'
Pal Falcone
Account's Payable
16/1 A
1611 A
The Quarry
September 5, 2006
FY06
Mike McLeod mmcleod@centexhomes.com
Centcx Homes
580 I Pelican Bay Blvd" Suile 600
Naples, FL 34108
Fax: 239-598-1290
...\~€.O
SC~\~ .
']0 VI'}
,J:: '
Dear Mr, McLeod
The current funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #28
Fee/Ex
Inv# 1,176-29283
Aug
$
72,17
Na/Jles Dai/v News
Ad #2729962
Aug
$
190.40
SeVerl1 Trent Services
Inv #2026291
Aug
$
4,015,69
4,278,26
Total Requested: $
The Quarry Community Development District
210 North University Drive, Suite 702
Cnral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to lhis matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
~~
Pat Falcone
Account's Payable
1611 A
The Quarry
September 5, 2006
FY06
Mike McLeod
Centex Homes
5801 Pelican Bay Blvd" Suite 600
Naples, FL 34108
Fax: 239-598-1290
mmcleod@centexhomes,com
Dear Mr. McLeod
SCANNED
,I i7
,,<.. Yd
The current funding request for The Quarry Community Development is necessary to
pay the following:
PA Y REQUEST #29
LBFH Enl!;neer;nl!
Inv #91847
lnv #92196
July
Aug
$7,031.23
$1,202.78
Total Requested:
$8,234,01
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
(j)J.=t~
Pat Falcone
Account's Payable
The Quarry
September 19, 2006
FY06
Mike McLeod mmcleod@centexhomes.com
Centex Hames
5801 Pelican Bay Blvd" Suite 600
Naples, FL 34]08
Fax: 239-598,1290
Dear Mr. McLeod
The current funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #30
FedEx
Inv #8-408-03363
Sept
$82,17
Nooles Dailv News
Inv #2737414
Aug
$190.40
Severn Trent Services
Inv #2026739
Scpt
$4,376,48
Total Requested:
$4,649,05
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
Pat Falcone
Account's Payable
16\1 A
(
The Quarry
September 27, 2006
FY06
Mike McLeod mmcleod@centexhomes,com
Centex Homes
5801 Pelican Bay Blvd" Suite 600
Naples, FL 34108
Fax: 239-598-1290
Dear Mr. McLeod
The current funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #31
F edEx
Inv #8-421-24567
Sept
$42.36
LBFH
Inv #92488
Sept
$847.53
Total Requested:
$889.89
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
Pat Falcone
Account's Payable
1611 A
16 II A
The Quarry
September 27, 2006
FY06
Mike McLeod mmcleodi1Vcentexhomes,com
Cenlex Homes
580] Pelican Bay Blvd" Suite 600
Naples, FL 34108
Fax: 239-598-1290
Dcar Mr, McLeod
The current funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #32
Florida Municioa/ Insurance
2007 Gcn Liability Installment # 1 October
$7,895.00
Total Requested:
$7,895.00
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for yoUr attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
Pat Falcone
Account's Payable
1611 A
The Quarry
October 6, 2006
FY06
Mike McLeod mmcleod@centexhomes,coll1
Centex Homes
5801 Pelican Bay Blvd" Suite 600
Naples, FL 34108
Fax: 239-598-1290
Dear Mr. McLeod
The current funding request for The Quarry Community Development is neccssary to
pay the following:
PAY REQUEST #33
NavIes Dailv News
Inv #2745695
Sept
$190.40
Total Requested:
$190.40
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954- 753-584
Yours sincerely,
The Quarry Community Development District
r~~
Pat Falcone
Account's Payable
The Quarry
October 9, 2006
FY06
Mike McLeod mmcleodlalcentexhomes,com
Centex Homes
5801 Pelican Bay Blvd" Suile 600
Naples, FL 34108
Fax: 239-598- 1290
Dear Mr. McLeod
The currcnt funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #34
Fishkind
Inv #1372
2007 Tax Roll Prep
Sept
$8,500,00
Total Requested:
$8,500,00
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
Pat Falcone
Account's Payable
16
1
A
The Quarry
October 17, 2006
FY06
Mike McLeod
Centex Homes
5801 Pelican Bay Blvd" Suile 600
Naples, FL 34108
fax: 239-598- J 290
mmcleod@centexhomes.com
Dear Mr. McLeod
The current funding request for The Quarry Community Development is necessary to
pay the following:
PAY REQUEST #35
Ber(!er Toombs Elam Gaines & Frank
2005 Audit
Inv #02499] 3
$3,900,00
Total Requested:
$3,900.00
The Quarry Community Development District
210 North University Drive, Suite 702
Coral Springs, FL 33071
Please fund these items at your earliest convenience,
Thank you for your attention to this matter and if you have any questions, please contact
Pat Falcone at 954-753-584
Yours sincerely,
The Quarry Community Development District
Pat Falcone
Account's Payable
1611 A
The Quarry
Communitv Development District
Series 2006B SlJecial Assessment Bonds
1. Recap of Capital Proiect Fund Activitv ThrouQh September 30.2006
Opening Balance in Construction Account
Opening Balance in Cost ot Issuance Account
Source of Funds: Interest Earned
Use of Funds:
General
Roadways
Water Management
Wetland Preservation/Open Space
Utilities
Landscape & Other
Protessional Services & Permitting
Cost ot Issuance
Adjusted Balance in Construction Account at September 30, 2006
2, Funds Available For Construction at September 30.2006
Book Balance of Construction Fund at September 30, 2006
Construction Funds available at September 30, 2006
3, Investments -Wachovia Bank
September 30, 2006
Construction Fund:
COI Fund:
~
Overnight
Overnight
Estimated Yield
4,60%
4,60%
Due
$0,00
($5,481,517,31)
($12,945,232,00)
$0,00
($1,620,484,91)
($5,727,210,32)
($2,154,261.54)
($145,871.72)
$17,136.21
$17,136,21
Maturitv
$
ADJ: Outstanding Requisitions
Balance at 9/30/06 $
1611 A
$70,300,633,43
$148,000,00
$704,434,38
($28,074,577.80)
$43,078,490.01
$
$
Princioal
43,076,315,33
2,174,68
$0,00
43,078,490.01
1611 A
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCtL. COMMISSION, AUTHORITY, OR COMMITTEE
, cPD
S~ON.AUTHORITY OR COMMITTEe ON
COUNTY
c: t't'"
THE BOAAD. COUNCIl.
WHICH I SERVE IS A UNIT OF:
o CITY o COUNTY
NAME OF POUTlCAl. SUBDIVISION:
x.lb OTHER LOCAL AGENCY
'-
MY POSITION IS:
Q ELECTIVE
APPOINTIVE
WHO MUST FILE FORM BB
This fann is for use by any person serving at the county, city, or other local level of government on an appointed or eJected board. councU,
commission, authority, or convnittee. 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 raced with voting on a measure in which you have a connict of interest wUl vary greatly depending
on whether you hold an ffiective or appoinlive 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 "",dependent special tax districts elected on a one~acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative"1hcludes only the officer's father. mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother.In.law, son-in~law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy 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 fonn with the person responsible for recording the min-
utes of the meeting, who shoukf incorporate the fonn in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting In the situations desaibed above, you otherwise may partiCipate in these matters. However, you
must disclose the natura 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 OECiSiON 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)
1611 A
APPOINTED OFFICERS (continued)
A copy of the tonn 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 oonnict in the measure before participating.
You must comptete 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 tonn 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 publidy at the next meeting after the form is filed.
i,
fvh'J",c"j
DISCLOSURE OF LOCAL OFFICER'S INTEREST
L1t_L~cr:f
, hereby disclose that on
continuing conflict
20 --.-,;
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the speclal gain or loss of my business associate,
inured to the special gain or loss of my relative.
~__ Inured to the special gain or loss of Developer
whom I am retained; or
by
inured to the special gain or loss of
which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my confticting interest in the measure is as follows:
Construction of infrastructure improvements by DistrictJ
see Commission on Ethics Opinion 87-66
Date Filed
:1:/ r-tf
NOTiCE: UNDER PROViSiONS OF FLORiDA STATUTES ~112.317, 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 $10,00{),
CE FORM 88 - EFF. 112000
PAGE 2
1611 A
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER l CAl PUBLIC OFFICERS
LAST NAME-fIRST NAME-MIODt.E NAME
C. Ottt,"'lV, t>-,~ i.-'-"'>
MAILING ADDRESS
\'Lb~'~ wllWl'C),J p.',jrJ
CITY -'
rT 1M '1 \::'t.r
DATE ON WHICH VOTE OCCURRED
~on ain conflict-
5 C<; i\
. AUTHORITY, OR COMMITTEE
tl {!.,J E'
COUNTY
U:"'E"
THE . OUNC C
WHICH I SERVE IS AUNrr OF:
C CITY 0 COUNTY
NAME Of POUTlCAL SUBDIViSiON:
THORITY OR COMMITTEE ON
XJb OTHER lOCAl.. AGENCY
MY POSITION IS:
o ELECTIVE
a APPOINTIVe
WHO MUST FILE FORM 88
This fOl1l1 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
conOid 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 hokj an elective or appointive position. For this reason, please pay dose attention to the instructions on this foon 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 (oIher'lhan 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 Of" loss of a business associate. Corrvnissioners 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 -relative"1llcludes only the officer's father, mother, son, daughter, husband, wife. brother, sister. father-in-law.
mother-in-law. SOn-Ill-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional slack 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 pubtidV stating to the assembly the nature of your inlerest in the me~sure on which YOt!
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with Ihe person responsible for recordinglhe min-
utes of Ihe meeting, who should incorporate the fonn in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in Ihese matters. However, you
must disclose the nature of Ihe 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 10 influence the decision) with the person responsible for recording the
minutes af the meeting, who willlncorparate the form in the minutes. (Continued on other side)
1611 A
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 OiSCUSSiON 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 wllhln 15 days after the vote OCQJrs with the person responsible for recording the minutes 01 the
meeUng, 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 publidy at the next meeting after the form is filed.
i,
DJ.:)\.f
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~~e""
. hereby disclose that on
continuing conflict
,20 C!>":
{a} A i:jf::aSUi':' C&i,.e: 0, ',Viii COlT.~ before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss at my business associate.
inured to the special gain or loss of my relative.
>;.__ inured to the special gain or loss of
Developer
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
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
1'1"7 9, '2"",-
.;j:'~~
Signature
Date Filed
NOTICE: UNDER PROViSiONS OF FLORiDA STATUTES ~112,317, 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 PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
1611 A
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAS~AME--ftRST NAME~IOOLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORfT'Y, OR COMMITTEE
\0 r~d:.. - ,) ~~Flt.-lL" .- /~'L....,:l,oeL G)""""." CDD
MAIUNG MlDRESS S'..J .r<-- THE BOARD, COUNCIl. COMMISSION, AUTHORITY OR COMMlnEE ON
5"60( ro<U'''''' R~v f/", Ub "-lX.') WHICH I SERVE IS A UNrr OF:
COUNTY a CITY a COUNTY XJb QTl-lER lOCAl AGENCY
CITY r
\.j ,,! Lt.J IL ~'116 'D COLLIC ,"-- NAME Of (,OLlTlCAL SUBDIVISION:.
ul0'''~,"7 C (> n
DATE ON WHICH VOTe OCCURRED MY POSITION IS:
':"'ongoing conflict- ... ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 8B
This fann 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 comminee. It applies equally to m~mbers of artvisory and nor.-advisary bodies who are p,esented with a voting
contlict 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 dose 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 ~relative. rrlcludes only the officer's father, mother, son, daughter, husband, wife. brother, sister. father.in.law,
mother-in~law, son~in-Iaw, and daughter-in-law. A "business associate~ means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy 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 fonn with the person responsible for recording the min~
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
must disclose the nature of the contlict before making any attempt to inl1uence Ihe 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)
1611 A
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 ATTEMPi' TO INFLUENCE THe DECiSiON EXCEPT BY DISCUSSiON AT THE MEETiNG:
You must disclose orally the nature of your connid 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
meeling, 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
i,
~~~
'R lo\,c..Ll....t!.-
. hereby disclose that on
continuing conflict
,20
0.:::'--'
,-
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,__
inured 10 the special gain or loss of my relative. _______
~~_ inured to the special gain or loss of_____ J'eve loper
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.
by
which
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
/?lJ~
Siv'tur
Date Filed
5'-((-05.
NOTiCE: UNDER PROViSiONS OF FLORiDA STATUTES ~112.317, A FAiLURE TO MAKE ANY REQUiRED DISCLOSURE
CONSTITUTES GROUNOS 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. 112000
PAGE 2
16 11 A
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME........f'IRST NAME--MlDDlE N....ME
we" """a.r- I -r
~ ...,.,
NAME Of BOARD, COUNCIl. COMMISSION, AlJTHORrTY, OR COMMITTEE
COUNTY
34UQ
THE BCWID, COUNCn... C<:>MMlSSION,AUTHORITY OR. COMMITTEE ON
WHICH I SERVE IS A UNfT OF:
COTY a COUNTY
NAME OF POLITICAL. SlIeOMS1ON:
Quarry
MY' POStTION IS:
JOb OniER lOCAJ.. AGENCY
~,-.,
I r......
DATE ON WHICH VOTE OCCURRED
~on ain conflict-
a ELECTJVE
o APPOINTIVE
WHO MUST FILE FORM 88
This form is tor use by any person serving at the county, city, or other local level of government on an appointed or eteeled board, council,
commission. authority, or comminee. 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 wi" vary greatly depending
on whether you hokl an elective or appointive position. For this reason, please pay dose attention to rhe instructions on this fonn 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 0( loss, Each elected or appointed 10caJ officer atso ts prohibited from knowingly YoUng 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 assoaate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.351, F.S., and officers of fodependent special tax districts elected on a one~aCfe, one-vote basis are not prohibited from voting in thaI
capacity.
For purposes of this law, a "relative~ ffldudes only lhe officer's father, mother, son, daughter, husband, wife, brother, sister, father~in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associale~ 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 10 abstaining from voting in the situations described abo\le, you must disdose the conRid:
PRIOR TO THE VOTE BEING TAKEN by publidy 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 Jonn with the person responsi~e for recording the min-
utes of the meeling, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you olherwise 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)
1611 A
APPOINTED OFFICERS (continued)
A ropy of the form must be provided immediatety to the other members of the agency.
The form must be read publicly at lhe next meeting after Ihe 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
meeUng, who must incorporate the fonn 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
i:J::. U<!4....~
. hereby disclose that on
continuing conflict
,20_:
(a) A measure came or will come before my agency which (check one)
inured to my special p'ivate gain or loss:
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative.
>;.__ inured to the special gain Of loss af
whom I am retained: or
Developer
by
inured to the special gain or loss of
which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my oonniding interest in the measure is as follows:
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
5 ~ D5' -i:>S'
Date Filed
NOTiCE: UNDER PROViSiONS OF FLORiOA STATUTES ~112_317, A FAILURE TO MAKE ANY REQUiRED DiSCLOSURE
CONSTiTUTES GROUNOS 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. 112000
PAGE 2
I.
II.
III.
IV.
V.
VI.
VII.
"Jt1vEB
('f.-C,\ 'I " .
, \.,tl II !.' la07
hna,!) 'lit ') '.. "
,. "lfllIY ~,A"ilnmiS:;H\}ners
AGENDA
Golden Gate Community Center Advisory Committee
February 5. 2007
6:00 pm
Golden Gate Community Center
Call to Order
Approval of the Aoenda
Approval of January 2. 2006 Minutes
Old Business
A. Fencing Update
B. Revised Guidelines Discussion
C. Fire Suppression System/Kitchen Hood Update
New Business
A. Budget FY 2008
B. Jim Klug's Request for Approved Absences
C. Supervisor's Highlights
Monthlv Budoet Report
Members Additions and Comments
VIII.
Adiournment
~:::s <~/----
Hennmg---- --'
coyle ~---
Coletta -------- ---
Misc. Corres:
Dale
Item#.
COPies to
16/1 8
GOLDEN GATE COMMUNITY CENTER
ADVISORY BOARD MEETING
Golden Gate Community Center - 6:00 pm
January 2. 2007
Board Members
Present:
Ernie Bretzmann, Chairman
Vicki Clavelo, Vice-Chair Person
Bill Arthur
Jim Klug
Staff:
Ellen Barkin, Community Center Supervisor
Shari Ferguson, Regional Manager
Barbara Daly, Fiscal Technician
Absent
Kaydee Tuff
I.
Call to Order at 6:05 pm
II.
Approval of agenda for meeting.
Bill Arthur moved to approve the Agenda with the following
additions: an update on the kitchen maintenance, the 5-Year Plan,
and the restrooms under "Old Business" as Item "0".
Seconded by Vicki Clavelo. Passed unanimously. (4-0)
III. Amended minutes of the December 4, 2006 meeting approved.
Motion: Motion made by Vicki Clavelo, seconded by Bill Arthur and
passed unanimously. (4-0)
IV. Old Business
A. Ellen informed everyone that she is waiting on the third and final bid for
the fence. At this time it appears that the bid will be awarded to Carter
Fence, who came in under $30.000. Once the contract is awarded work
should commence in 30 days.
I
B. Finalization of 4.Year Report
. Shari Ferguson read an email from Director. Barry Williams
which will be inserted in the report under "Staff Comments".
. Marla Ramsey questioned the word "resolution" in question #3
of the report, Shari will find out what Marla means.
. It was determined that when the Ordinance is revised the term
Board will be used in all places when referring to the Golden
Gate Community Center Advisory Board and not Committee.
. Changes will be made to the 4-Year Report and will be voted on
at the next meeting.
16/1
B
C. Discussion of Ordinance Revisions
. The decision to change the term of office to three (3) years was
discussed. All other changes were reviewed.
Motion: Motion made by Jim Klug to approve the Revised
Guidelines and Rules, seconded by Ernie Bretzmann, and
passed unanimously. (4-0)
D. Added Items
. The 5-year plan will be discussed at the February meeting.
. Shari informed everyone that Capital money is now available
since all the money allocated for the fence will not be used.
. Ellen should have the two (2) new refrigerators and a stove at
the Community Center by the end of the week.
. Ellen has been in contact with the company who strips and
waxes the floors and they will return to work on the kitchen floor.
Also, Ellen asks that the refrigerator be pulled out so the floor
can be cleaned properly.
. Facilities have replaced most of the toilet paper spools in the
bathrooms. Ellen resubmitted a work order for Facilities to
return and replace the spools they missed on their first visit.
V. New Business
A. Election of New Officers
. Jim Klug nominated Bill Arthur as Chairman, Vicki Clavelo
seconded.
. Vicki Clavelo nominated Jim Klug as Vice-Chairman. Jim
reminded everyone that he will be absent the months of June
through September. Ernie Bretzmann seconded the nomination
of Jim.
Motion: Motion made by Ernie to approve the election of
new officers, seconded by Bill, and passed unanimously.
(4-0)
2
16/1
B
B. Supervisors Highlights
. Ellen provided everyone with a new Recreation Guide for Winter
2007 along with a Review/Outlook for December 2006/January
2007.
. The cost for the Trolley Rides which took place on Saturday,
December 16th was approximately $1000.
. Next year Ellen would like to maintain control over the list of
families to receive a donated tree, sinCe many of the trees had
to be thrown away because they were not claimed.
VI. Monthlv Budaet Report
. Ellen provided the monthly budget report for review. Revenue
is up 10.6% over last year.
VII. Members Additions and Comments
. None
VIII. Adjournment
Motion: Motion to adjourn was made by Bill Arthur and was
seconded by Vicki Clavelo. Motion passed unanimously. (4-0)
Meeting adjourned at 6:45 p.m
"'The next meeting is at Golden Gate Community Center on February 5,
2007, at 6:00 pm'"
***agenda and minutes sent to BGG office on 02/6/07***
3
16/1 B
Golden Gate Community Center Advisory Board
Revised Guidelines and Rules
January 2, 2007
Ooeration:
1. The operation of the Center will be under the direct control and responsibility
of the Center's Supervisor, who will be an employee of Collier County and a
resident of the MSTD within six months from the date of hiring and
administratively responsible to the County Manager or his designee, and will be
governed by the Personnel Rules and Policies of !:.oii'er County.
2. All rules for the operation and maintenance of the Center shall require the
approval of the Board of County Commissioners.
3. The budget and resulting expenditures of the Center will be established in
accordance with the laws and regulations of the State of Florida and Collier
County and within the confines of the legal millage established for the taxing
district and other revenues of the taxing district derived from the operation of the
Center or other sources.
Advisory Board:
1. It is the responsibility and obligation of the Golden Gate Community Center
Advisory Board to serve the interests of the taxpayers and residents of the district
as defined by Ordinance 75-4, as amended. Pursuant thereto, the Committee
shall:
A. Annually review the proposed budget for the coming fiscal year as
prepared by the Center's Supervisor and reviewed by the County Commissioners
within the millage limits established for the district.
B. Make recommendation to the Board of County Commissioners on
matters relating to proposed budgetary adjustments during the fiscal year.
C. Review unbudgeted expenditures exceeding $1000 and all budget
amendments requiring BCC approval.
16/1 B
D. Recommend to the Board of County Commissioners changes in the
rules governing the use of the building.
E. Recommend in the employment of the Center Supervisor selected
from the recruitment efforts of a selection committee composed of the Golden
Gate Community Center" J\dviscry BOard ChainTl2ll. a representative from Parks
2nd Recreetion and 2. ["epresentative from the Coilier COLlllt\' HUm2.il Resources
Depart[r'2nt. Once 2 n::cor:lnl.Slld2tlon :5 PTo')osed, th~ selection \vill be
1"....cSe'l.l..sd to .'le G,)ld:::::>Tllr::.~t.::> C"orl"111u-I";+'! I--'C,~te~' ~~d\'i~,'-\"\I QO~I"O' fOI" ~IJI'r,,\,~1
.~'\'-' ,-,I '-' Ll'-" uC, '-'0,,-, --' . . l\ly ,-,,-,,II ~ flu.-"..';::J'-,l)' ,-," C< 1 C::C, -.f '-, .G.,.
F. The Board I'd I have the discretion to advise the Director of Parks and
Recreation, in writing, on the contents and proposed changes of the job
descriptions for those Center employees authorized in the district budget.
G. Receive and review monthly reports (and special reports as requested)
prepared by the Center's Supervisor, on the actual and planned activities of the
Center and its employees. the status of budgeted expenditures and revenues,
the status of special projects and programs, and similar matters of concern in
carrying out the duties of the Committee.
H. The Center Supervisor and staff shall schedule building use. Any
organization wishing to reserve a room on a yearly basis must submit an
application. The application will be reviewed by the Golden Gate Community
Center Advisory Board at the discretion of the Cer',ter Supervisor.
2. Regular meetings of the Committee shall be held monthly and announced in
advance complying with the cmrent Count,; po'icy.
Special meetings may be called if approved by the majority vote of the Advisory
Board members in attendance at the regular scheduled meeting, and by posting
notice of such called special meeting, identifying such meetings as "Special" with
such postings to be made at least (24) hours prior to the meeting. Emergency
meetings may be called by the chairman or by a majority of the members
provided a (24) hour notice is posted and given as provided above for special
meetings. Official meeting minutes and other necessary records will be kept. All
meetings will be open to the public and will be held in the Community Center
building.
Advisory Committee Appointments. Terms of Office. ETe:
1. The Board shall be comprised of three (3) to five (5) members, who will
appoint from within the group. annually, by majority vote, a Chairman and a Vice-
Chairman. Rules governing the responsibilities of the officers of the Board may
16/1 B
be established by the Board consistent with these guidelines. subject to approval
by the Board of County Commissioners.
2. The Board will be appointed by the Board of County Commissioners for
staggered three (3) vear terms of office to commence on the 1st day of January.
See attached_Ordinance 2001-55 as reference.
The Board of Count"! COIn!Tlissioners shall make the final decision on
appointments taki;,q into cOl,sideT2tcn the recommendation fmm the A.dvisorv
Committ.ee. See attached Ordinance 2006-83 as reference.
3. A majority of the total membership of the Board constitutes a quorum.
4. If an Advisory Board member misses two (2) consecutive meetings without
prior approval, he/she will be considered terminated from the Advisory Board.
The nlen1ber shaH notify the Center Supervisor of 8X~V absence. ,L\bsences VI/in
be :-ecorded as excused if the Center" SuC'erviso!- \vas not[fied O~- unexcus"sd ~f the
Cemer SUD'ervisor '#33 I'ot [,atifi,eel em.he at:end3!lCe l~cord. See attached
Ordinance 2001-55 as reference.
A. Approved absences will be given for personal illnesses of the member,
his/her immediate family, or pressing demands of his/her business.
B. Requests for prolonged absences, meaning more than three (3)
consecutive absences, must be approved by the Board of County
Commissioners, and a reason for the necessity of such a leave must be
conveyed to the Board. See attached Ordinance 2001-55 as reference.
5. Copies of the minutes will be made available to each member of the Advisory
Board, County Manager or his designee and Board of County Commissioners to
be filed with the Clerk to the BCC and a copy will be available at the Golden Gate
Community Center.
Center Supervisor's Responsibilities:
1. Responsibilities of the Center Supervisor will be those contained in that
position's job description, in addition to the following:
A. Prepare the annual budget and present same to the Advisory Board for
recommendation to the BCC, according to the Collier CouD.br Budqet Depaliment
Policies and Gl,ideiines.
B. Operate within the annual budget in accordance with the County's
budgetary policies.
C. Provide a written monthly report on the financial and operating status
of the Center to the Advisory Board.
1611 B
Effective Date:
These guidelines shall supersede all guidelines previously in effect and shall
become effective on the date they are approved by the Board of County
Commissioners.
Approved by the Advisory Board:
Approved by the Board of County Commissioners:
Attached is the approved Parks and Recreation Fee Policy. The Fee Policy was
approved by the BCC on November 14, 2006. The Golden Gate Community
Center's Fee Policy is included in this policy and is recommended for approval in
conjunction with these guidelines.
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Golden Gate Community Center Advisory Board
Meeting Schedule for 2007
All Meeting are held at the Golden Gate Community Center
at 6:00 p.m.
Tuesday January 2
Monday February 5
Monday March 5
Monday April 2
Monday May 7
Monday June 4
July -No Meeting
Monday Au~ust 6
Tuesday September 4
Monday October 1
Monday November 5
Monday December 3
Collier County Government
B
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
f:.?r-
Cont.act: Sandr~ Arnold . ' ,r- Cf::! i
PublIc Information CoordInator f}", '," /~ D
(239)774-8308." Li () lily";
-('drd c..,
'L:Jtu.'<;. L;,
CfJmJ/SS
JOners
Jan. 29,2007
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD
COLLIER COUNTY, FLORIDA
Monday, February S, 2007
6 p.m.
Notice is hereby given that the Golden Gate Community Center Advisory Board will meet Monday, Feb. 5
at 6 p.m. at the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples.
The agenda includes, but is not limited to, a review of the budget for 2008, discussions concerning the
revised guidelines for ordinances, kitchen fire suppression system, and fencing update, as well as a
request for approved absences.
In regard to the public meeting:
All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in
writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be
limited to three minutes unless permission for additional time is granted by the chairman.
Any person who decides to appeal a decision ofthe Board of County Commissioners or quasi-judicial board
will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any
lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an
advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and
Records Department.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled. at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380,
at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
For more information, call Barbara Daly at 254-4043.
-End-
JSJ,kD B
FEe U '.J 2007
doaro of COU'l!""" _ "
GOLDEN GATE M.S.T.U. ADVISORY' ","'O"05loners
COMMITTEE
2885 Horseshoe Drive
Naples, FL 34104
/
Fiala .._.~.-._-
Halas ._j~_._..-
~~~~ng~;:::~
Colelta ._.___
February 13, 2007
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: January 9, 2007
V. Landscape Maintenance Report - Advanced Lawn
VI. Landscape Architects Report - Michael McGee
A. Landscape Update
B. Update on Sunshine Project -Michael McGee and Darryl Richard
VII. Transportation Operations Report:
A. Current Budget - Lisa Hendrickson
1. Line Item for Road Mowing Fund Transfer
B. Project Manager Report - Darryl Richard
VIII. New Business
A. New Member Elections
B. Chairman and Vice Chairman Elections
IX. Old Business
A. Update on Golden Gate Parkway Bridge - Pat Spencer
B. Sunshine Opening Celebration
C. Master Plan Discussion
D. Grants
Public Comments
X.
XI.
Adjournment
The next m_ting is scheduled for March 13, 2007'" NS
At Golden Gate Community Center
Naples, FL
Date:
Item #
1
COPI',S to.
16/1 B
GOLDEN GATE M.S.T.U. ADVISORY
COMMITTEE
2885 Horseshoe Drive
Naples, FL 34104
January 9, 2007
MINUTES
I. The meeting was called to order by Rick Sims at 4:03 p.m.
II. Attendance
Members: Peggy Harris, Barbara Segura, Richard Sims, Patricia
Spencer.
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator, Lisa Hendrickson- Management Budget Analyst. Diane
Flagg- ATM Department, Kay Luongo- Grants Coordinator.
Others: David Julien- McGee & Associates, Dan Mote. Frank Kip and
Michael L. Luneke- Advanced Lawn & Landscape, Michelle Guerrero-
Mancan.
III. Approval of Agenda
Add and move:
Line item "V. Report by Diane Flagg"
Line item "VI. Master Plan Discussion, A. Public Education Brochure"
Remove:
Line item "V. Landscape Maintenance Report"
Rick Sims moved to approve the agenda as amended. Second by
Peggy Harris. Motion carries unanimously 3-0.
IV. Approval of Minutes: December 12,2006
Pat Spencer moved to approve the December 12, 2006 minutes.
Second by Peggy Harris. Motion carries unanimously 3-0.
Barbara Segura joined the meeting at 4:07 p.m.
V. Report by Diane Flagg
,Dian~ Flagg addressed the breakdown of County Staff time billed to th1. 6
'MSTU (see attachment). The billing is for a base level of hours, If the
staff hours. due to projects, would go over the base level of hours an
outside contractor would be incurred, Sharon Newman will be updating
this data for 2008 at which time it will be distributed to the Committee,
J 1
B
VI. New Business
A. Grants Coordinator
Kay Luongo brought information on LAP Agreements and other
potential grants,
Darryl Richard added that there is a significant amount of paper work
to get funding, therefore only projects over $100,000 are considered.
He will distribute a list of the grant websites along with the grants
checklist supplied by Ms. Luongo, He suggested creating a working
group to work on the grants.
VII. Master Plan Discussion
David Julien distributed a new Improvement Cost Spreadsheet (see
attachment),
Rick Sims suggested having the cost of the lighting from the project
removed and reevaluating the cost.
Darryl Richard distributed "Golden Gate MSTU - Taxable Value for
Selected Parcel with Projected Revenue ReI. to Mill Rate" (see
attachment). He added that a petition would have to be mailed out and
returned with fifty percent of people plus one in favor of the millage
increase, and have the Board of County Commissioners in agreement to
get a millage cap rate increase.
Open discussion ensued on different possibilities on how to fund the two
projects, It was requested of Michael McGee to create a new spreadsheet
demonstrating the cost savings of not having lighting within the projects,
Barbara Segura suggested having a celebration for the opening of
Sunshine Blvd,
A. Public Education Brochure
A press release can be done for the Grand Opening Celebration in
Mayor June for Sunshine Blvd,
Rick Sims offered to speak with Tom Henning to see if he will support
the millage rate increase,
VIII. Transportation Operations Report:
A. Current Budget - Lisa Hendrickson
2
The budget report was distributed (see attachment).
1611
B
1. Line Item for Administration Cost
Previously covered.
2. Line Item for Road Mowing fund transfer
To be addressed at the next meeting for the presenter.
B. Project Manager Report - Darryl Richard
Darryl Richard distributed and reviewed the report (see attachment).
He distributed and reviewed plans from Wilson Miller (see attachment)
demonstrating the construction plans on Santa Barbara and Golden
Gate. He also distributed the Florida Power and Light electricity bill
(see attachment) for the lighting expense. He then read the ordinance
on attendance noting that the now open position previously filled by
Ginger Martin will be advertised.
IX. Old Business
A. Update on Golden Gate Parkway Bridge - Pat Spencer
Pat Spencer reported that the soil has been bored.
X. Public Comments
None
There being no further business to come before the Committee, the meeting was
adjourned at 6:10 p.m.
The next m_ting is scheduled for February 13, 2007 4:00 PM
At Golden Gate Community Center
Naples, FL
3
16/1 B
GOLDEN GATE M.S.T.U. ADVISORY
COMMITTEE
2885 Horseshoe Drive
Naples, FL 34104
January 9, 2007
SUMMARY
A quorum was established, the minutes and agenda were approved.
VII. Master Plan Discussion
Darryl Richard distributed "Golden Gate MSTU - Taxable Value for
Selected Parcel with Projected Revenue ReI. to Mill Rate" (see
attachment). He added that a petition would have to be mailed out and
returned with fifty percent of people plus one in favor of the millage
increase, and have the Board of County Commissioners in agreement to
get a millage cap rate increase.
Barbara Segura suggested having a celebration for the opening of
Sunshine Blvd.
A. Public Education Brochure
A press release can be done for the Grand Opening Celebration in
Mayor June for Sunshine Blvd.
Rick Sims offered to speak with Tom Henning to see if he will support
the millage rate increase.
I
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I=PL..
Florida Power & Light Company
PO Box 025576
Miami. FL 33102
B
16/1
/ 27
8296 5404187897905148364100000
Please request changes on the back.
Notes on the front will not be detected.
B
B
5404 4
18WNDJNQ ***
19B2B143BQ159978#
COLLIER CNTY BD Of
COMM I SS lONERS
C/O LANDSCAPE MAINTENANCE
3301 E TAMIAMI TRL
NAPLES fL 34112
-
1 233293
Make check payable to FPlln U.S. funds
and mall along With this Coupon to:
FPL
GENERAL MAIL FACILllY
MIAMI FL 33188-0001
Account number';,t~tllf~ 'j,jnf' ';', ',;N",,( I'duIi'b }";""'AI'nc:it1rit'IO&ICitied;';
18789-79051 $146.38 Dee 27 2006 $ 103' '11-
--------
Your electric statement
For: Nov 02 2006 to Dee 05 2006 (33 days)
Customer name: COLLIER CNTY SO OF
Service address: 2845 TROPICANA BLVD IIIRR
';.5 - 7" I ... <>
A-0~
RECEIVE'
Amount
of your
last bill
Payments
(-)
0.00
82.96
Meier reactn, ~ Meter 5JB9423
Current reading
Previous reading
kWh used
Energy usage
26159
- 25666
483
kWh this month
Service days
kWh per day
Last
Year
188
33
6
1III1l1The electric service amount
'nclude. Ihe fallowing char_:
Customer charge: $8.24
Fuel: $30.52
( 10.06'9'0 per kWh)
Non-fuel: $23.07
( 10.046820 per kWh)
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Florida Power & Light Company
PO Box 025576
Miami, FL 33102
-----
-------
Account number: 18789-79051
Statement date;
Next meter reading:
Dee 05 2006
Jan 08 2007
Additional
activity
(+ or-)
0.00
Balance
betore
new charges
( )
82.96
New
charges
(+)
63.42
This
Vear
493
33
15
Amount of your last bill
Balance before new charges
Now charge. (Rate: GS-l GENERAL SVC NON-DEMAND)
Electric service amount 61.83H
Gross receipts tax 1.59
Total new char es
82.96
$82.96
Total amount you owe
$1 ,8
- Did you forget? $82.96 of this bill Is past due. "payment has been made, We
thank you and a~oglze for this reminder.
.. A late payment charge of 1 % will apply If new charges are not paid by
February 27, 2007.
DEe 1 8 LuUti
RECEIVED
FINANCE OEPT
JAN D 1 ;
Transportation
Services Division
Please haw your account number ready when contacting FPL
Customer service: 1-800-375-2434-
OutSide Florida: 1-8lXJ..226-3545
To report power outages: 1-800-40UTAGE (468-8243)
Hearing/speech impaired: 1-800-432-6554 (TTYITDOI
n-.ll__ _..
e
FPL.
Florida Power & Ught Company
PO Box 025576
Miami. Fl33102
/ 27
16/1
8
845 5421940198612130961000000
Please request changes on the back.
Notes on the front will not be detected.
B
8
5421 3
#BWNDJNQ ......
#9194943BQ128680# 222913
COlliER CNTV BD OF
COMMISSIONERS
C/O LANDSCAPE MAINTENANCE MSTU
2671 AIRPORT RD COURT PLAZA III
NAPLES FL 34112
Make check payable to FPL In U.S. funds
and mall along with this coupon to:
FPL
GENERAL MAIL FACILllY
MIAMI FL 33188-0001
Account number :'/taw'lIiIiiiiiRI ..":0"':::;::'; ":Now. s:duil:b -:';::AilkiUritBndos'ett) .
94019-861 21 $16.90 Dee 20 2006 $ Cj, '15
--------------------------------------------
Your electric statement
For: Oct 27 2006 to Nov 29 2008 (33 days)
Customer name: COlUER CNTV BD OF
Service address: 2271 SUNSHINE BLVD #L1GHTS
'1.5 - 7 '>/ -.;::,
/vJ~
I '-/7
J"'" J3.Jnl'
RECEIVBI
DEe 0 6 2006
Tfansportation
s.Mtes Division
Amount
of your
last bill
Payments
(-)
0.00
8.45
Meter reading - Meter 7C16085
Current reading
Previous reading
kWh used
Energy usage
kWh this month
Service days
kWh per day
0??oo
- 0??oo
o
AAThe electric service arnoc.mt
Includes the following charge.:
Customer charge: $8.24
Non~fuel energy charge:
10.046820 per kWh
Fuel charge: SOJHJ1910per/(Wh
If.) -
RECEIVED
DEe 0420061
~!NANCE DEP'
~
CCM
Florida Power & Light Company
PO Box 025576
Miami, FL 33102
Account number: 94019-86121
Statement date:
Next meter reading:
No. 29 2006
Jan 02 2007
Addltlona'
activity
(+ or-)
Balance
before
new charges
(=)
8.45
0.00
New
charges
(+J
8.45
o
33
o
Amount of your last bill
Balance before new charges
Naw charges (Rete: GS-1 GENERAL SVC NON-DEMAND)
Electric service amount 8.24-
Gross receipts tax 0.21
Total new chan:les
~
$16.90
8.45
$8.45
Total amount you owe
- A late payment charge of 1 % will apply if new charges are not paid by
February 22. 2007.
~
Please have your account number ready when contacting FPL
Customer service: 1-800-375-2434
Outside Florida: 1-800-226-3545
To report power outages: 1-80Q-40UTAGE (468-8243)
Hearing/speech Impaired: 1-800-432-6554 (TTVITDD)
Florida Power & Light ~ompany
PO Box 0255'76
Miami. FL 33102
&
FFlL.
2 211J326
I
1611
B
27
845 5418739396455110961000000
Please request changes on the back.
Notes on the front will not be detected.
B
8
5418 1
#BWNDJNQ ***
#93D3743BQ154466#
COLLIER CNTY BD OF
COMMISSIONERS
C/O LANDSCAPE MAINTENANCE
2671 AIRPORT RD COURT PLAZA III
NAPLES FL 34112
Make check payable to FPL In U,S. funds
and mall along with this coupon to:
FPL
GENERAL MAIL FACILITY
MIAMI FL 33188-0001
I Account number :,f<itllUnki'lIll'y,ill'.QWi>.h :~:;;New:!chii"""ei:dU.[ .. .. 'Amount':enclO$jed:!;:;:
....
I 73939-64551 $1 6.90 Dee 1 3 2006 $ q Y5
---------------------
Your electric statement
For: oct 24 2006 10 Nov 22 2006 (29 days)
Cuslomer name: COLLIER CNTY BD OF
Service address: 1995 SUNSHINE BLVD #UGHTS
----------------------
Account number: 73939-64551
Statement date:
Next meter reading:
Nov 22 2006
Dee 27 2006
Balance
belore
new charges
(=)
8.45
Amount
of your Additional
last bill Payments aellvlly
(-) (+ or-)
16.90 8.45 CR 0.00
Meter reading - Meter 7C16088
Current reading
Previous reading
kWh used
Energy usage
kWh this month
Service days
kWh per day
0??oo
- 0??oo
o
Jlill"fhe electric service amoWlt
includes the following charges:
Customer charge: $8.24
Non.fuel energy charge:
10.0'"820 per kWh
Fuel charge: 1O.0618to p~r kWh
New
charges
(+1
8.45
o
29
o
Amount of your last bill
Payment rec~ved - Thank you
Balance before new charges
Now chat"9o. (Rate: 05-1 GENERAL SVC NON-DEMAND)
Electric service amount
Gross receipts tax
Total new charges
(f;J
$16.90
16.90
8.45 CR
$8.45
8.24-
0.21
Total amount you owe
.. A late payment charge of 1 % wi/I apply If new charges are not paid by
February 19, 2007~
.. We have bllled you for the minimum customer charge for eight consecutive
months due to your meter registering zero usage. Call us if you wish to
temporarily disconned your service.
153 RECEIVED
;~: 7 "''''''NOV 2720061
~ >-/7 FINANCE DEPT
RECEIVED ;5 "",(j :J.:J:n" z--
NOV 3 0 2006
Transportation
Services Division
~
~~.
Florida Power & Light Company
PO Box 025576
Miami, FL 33102
Please have your account number ready when contacting FPL
Customer service: 1.800-375-2434-
Outside Florida: 1-800-226-3545
To report power outages: 1-8D0-40UTAGE (468-8243)
Hearing/speech impaired: 1-800-432-6554 (TTY/TDD)
I
I
II
'3
FFIL.
Florida Powe( & Light Company
PO Box 025576 .
Miami, FL 33102
I 27
1611
8
5404846979358525480000000
Please request changes on the back.
Notes on the front will not be detected.
B
8
5IJ04 2
#BWNDJNQ ***
#7931J843BQ581J394# 233292
COLLIER CNTY BD OF
COMMISSIONERS
C/O LANDSCAPE MAINTENANCE MSTU
2671 AIRPORT RD COURT PLAZA III
NAPLES FL 34112
Make check payable to FPL I" U.S. funds
and mall along with this coupon to:
FPL
GENERAL MAIL FACILITY
MIAMI FL 33188-0001
I Account number .T~.ii1CiW1t_vOuo..':: . Now. ChlIta.._ bY: .' 'Ahitiurifencl&.ed.,'
I 84697-93585 $8.45 Dee 27 2006 $ ~.i5
Your electric statement
For: Nov 02 2006 to Dee 05 2006 (33 days)
Customer name: COLLIER CNTY BD OF
Service address: 4642 18TH PL SW #lIGHTS
Account number: 84697-93585
Statement date:
Next meter reading:
Dee 05 2006
Jan 08 2007
Amount Balance 'i:' .;i ,: '" ../ .: ,.'.
of your Additional before New
last bill Payments aellvlly new charges Char~es .'. i ......ii.::i'i i
(-) (+ or-) ( ) (+ i' " , i
8.45 8.45 CR 0.00 0.00 8.45 $8.45 Dee 27 2006
~.
y';-_70'''C
/0..
"y~~ RECEIVED
::JJ7..... l,. DEe 08 l006,
FINANCE OEPr
Meier reading - Meter 7e 16077
Current reading
Previous reading
kWh used
Energy usage
kWh this month
Service days
kWh per day
0??oo
- 0??oo
o
.-The electric service amount
Includes the following charges:
Customer charge: $8.24
Non.fuel energy charge:
IO.04G820 per kWh
Fuel charge: $0.0111;'0 per kWh
/f"Y
~
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fi
."."..
Florida Power & Light Company
PO Box 025576
Miami, FL 33102
o
33
o
Amount of your last bill
Payment received - Thank you
Balance befOre neW charges
New chllrges (Rate: GS-1 GENERAL SVC NON-DEMAND)
Electric service amount 8.24H
Gross receipts tax 0.21
Total new charges
~
$8.45
8.45
8.45 CR
$0.00
Total amount you owe
- A late payment charge of 1"1. will apply I' new charges are not paid by
February 27, 2007.
RECEIVED
DEe 1 5 2006
Transportation
Services Division
coP
~~
PI,EASIt A\JTHOR@F
PAyMENT NQ
Plus. have your account number ready when contacting FPL.
Customer service: 1.800-375.2434
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Golden Gate City Welcome Sign
Page I of I
1611 B
Tad Pluc
From: Wayne Hartt [WayneHartt@wilsonmiller.com]
Sent: Friday, December 15, 2006 5,09 PM
To: Tad Pluc
Cc: Randy Mason
Subject: Golden Gate City Welcome Sign
Tad -
Our intent was for the contractor to relocate the sign panel and reconstruct the foundation system that currently
supports the sign. I recognize there may not have been adequate details and notes in the plans for the contractor
to include this in his bid, if he were to take that position. On the other hand it may be a very simple thing to do. I
also don't know if anyone asked the MSTU if they even want to save the sign. . It's hard to imagine that by the
time the existing sign is ready to be re-installed that it would have been damaged. If they want a new one it might
be appropriate that they do it at their own cost.
Wayne P. Hartt, P.E.
Regional Manager, Transportation Services
Senior Associate
(239)649-4040
WilsonMiller.com
Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review,
use, disclosure or distribution is prohibited.
1/9/2007
1611 B
January 9,2007
Darryl & Tessie
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie SiIlery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Golden Gate MSTU Project Status
(G-13) ACTIVE -Explanation of Budget Line (on old Fund 136 Report) Item: 'Transfer To Unicor MSTD
(III) - MSTU Admin Services' in the amount of $21 ,400.00 for each fiscal year.
10-10-06: MSTU Committee Chairman request further explanation.
12-12-06: Request by Committee that Budget Analyst provide details, Budget to attend 1-9-06 meeting.
(G-II) ACTIVE - Sunshine Boulevard (Curbing, Asphalt, and Lighting) - GOES TO BCC ON SEPT 27,
2005; Construction Cost: BONNESS, INC.: $301,691.31; Materials Cost - Lighting: Lumec: $25,380.00
3-06-06 - Curbing 20% installed, Asphalt 100% installed, overall project 60% complete.
Change Order #1 - Pending.- waiting on contractor signature. - Need electrical drawings from
McGee/Contractor.
4-17-06; Bonness is 100% complete for curbing; Lighting Engineering Plans are under review.
4-17-06; McGee is responding to review.
5-1-06; Bonness has applied for payment for work completed; McGee & Asso. has not provided revised
plans as per Traffic Operations Request.
5-15-06; McGee electrical plan submittal rejected by Bob Tipton
5-15-06: Plans do not meet FOOT roadway lighting and/or pedestrian lighting. McGee & Associate insist
that lighting is only for accent not roadway lighting. Diane Flagg request - Pam L., B. Tipton, McGee to
have a meeting and Chairman will be invited.
5-15-06 Curbing - Cracks found in curbing - Road and Bridge has rejected 75 % on curbing - installation
does not meet FOOT standards.
5-30-06 - Scheduling meeting with McGee - June 5th, Rhonda Cummings invited also.
6-12-06- Contractor has been notified of deficiencies and quantities needed to replace defective curbing.
6-27-06; Contractor notified staff thaI they will repair defective curbing.
7-18-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed
to 6' offset for the lights. 8-07 -06
8-07-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has
agreed to 6' offset for the lights.
8-22-06; David Crosby of Bonness confirms that crews will be back on project after completion of
Immokalee curbing project anticipated date is September 22, 2006 for demolition/construction of new
curbing for Sunshine Project.
9-12-06: As per agreement with Project Manager, Bonness, Inc. David Crosby, Bonness will commence
work on project to replace all defective curbing on September 18, 2006 and be fmished by 30 days after
that date (October 18,2006). Installation of the Lights is concurrent with this schedule and is to be
completed by October 18, 2006.
9-22-06: Meeting with Contractor Bonness to confirm 30 day completion from September 18 and work to
be performed by Electrical Subcontractor
10-18-06: Staff informed that Bonness, Inc. is delayed.
12-12-06: Bonness is 100% complete for demolition of defective curbing. Bonness is 95% complete with
re-installation of new curbing to replace defective curbing. December 22, 2006 is Bonness completion date.
Lighting installation scheduled for completion after curbing is 100% complete.
1-3-06: Curbing re-installation completed
1-8-06: Coordination Meeting with Kent Technologies regarding boring operations and locates for utilities.
Landscape Contractor Dale Hanula present to review locations for sleeves and review project plans.
1
1611 B
(G-IO) ACTIVE - Design - Irrigation - Sunshine Boulevard (Irrigation & Landscape) -Preliminary Phase;
Need Cost Estimate from McGee & Associates; Project to go out to bid after installation of curbing and
lighting is completed.
5-1-06; McGee & Asso. has not provided plans (or updated cost estimate) as per Work Order
5-15-06: McGee & Assoc., 90% plans received and McGee to provide 100% sign and sealed
5-25-06 Committee has been informed at 5-9-06 Meeting that curbing will delay bidding on
Landscape/Irrigation Phase of Project.
5-30-06: Project plans received to be delivered today to purchasing.
7/11/06 : McGee & assoc. needs to revise bid tab.
7/18/06: Purchasing working on getting bid out.
8-7-06: Posting 7/28/06 for bidding out.
8-22-06: Bids due on September 18,2006 (2:30 PM), pre-bid meeting on September 6, 2006 (10:00 AM)
8-31-06: Project is on schedule with Bid due date of Sept. 18; ES Deadline is Sept 25 for BCC Date Oct. 10
9-5-06: McGee confIrms attendance at (9-6-06) tomorrow's Pre-Bid Meeting at 10:00 AM
9-12-06: Bids are due September 18, 2006.
10-9-06: Item loaded into Novus for BCC approval on 10/24/06, MSTU Committee to review on 10-9-06.
12-12-06: Copy of approved contract from Purchasing Department pending. Purchasing, County Attorney,
and Risk Management review of contract not complete.
1-8-06: Meeting with Dale Hannula to review project plans. MOT plan required for ROW Permit issue.
Notice to Proceed anticipated to be issued January 15,2007.
(G-14) COMPLETE -Explanation of Funds from Road & Bridge as per the previous agreement with the
MSTU. Funding for 8 mowings for the unimproved section of green and internal roadways is to be
transferred to MSTU for payment of 8 mowings and when this funding is used each fIscal year the MSTU
pays for the remaining 52 total mowings each fIscal year.
10-10-06: MSTU Committee Chairman request further explanation.
11-14-06: Committee provided information regarding mowing that Road & Bridge fund pays for mowing
up to 8 mowings and then MSTU Fund takes over for the remaining mowings for a total of 52 mowings per
year (one mowing per week).
(G-12) COMPLETE - Surplus Soil investigated as per Committee Chairman request.
9-12-06: Pam Lulich, Project Manager reports that all surplus soil material is being used on current projects
and that there is no extra for Golden Gate MSTU Committee.
(G-9) - CANCELLED - Old Sign Replacement -Disposal of old sign 'By County' and proposal for new
sign is under review; Committee Approval Required; Quotes Received: Signs and Things:
$8,425.00;SignCraft $6,440.00; Lykins Signteck: $3,550.00
(G - 8) - COMPLETE Surplus Landscape Material Project - Planting of Live Oaks in Ligustrum as per
recommendations by Mike McGee and Committee approval - 7-11-06
7-14-06 - received list of plants from McGee
7-18-06: Updating Villa and Son Quote for Request for Purchase
7-27-06: NTP given to CLM - to work with Bob Petersen
8-22-06: Plantings are completed. Current Maintenance Contractor coordinating with Irrigation Project
Manager and CLM for watering plants.
(G-7) COMPLETE- Ped Shelter Bench -Wood Slat Replacement- Preliminary Phase; Mike McGee is
obtaining quotes from vendors. Just received quote from RCP For purchase on 1/6/06. Request to purchase
to be submitted on 1/9/06.
(G-6) COMPLETE - ;Medians 1,2, and 3 Paver Installation-Work Order BOC-FT-05-02; NTP Issued to
Bonness on 8-8-05 (85 day completion); Construction Cost: $11,117.63.
(G-5) COMPLETE - 11-1-05 - Landscape Renovation (Golden Gate Parkway Medians); Funding
Approved for $14,091.30; As per Contract 05-3686, Estimate received from Advanced Lawn for Total
Construction Cost of$14,091.30. Committee Approved Estimate on September 12, 2005.
2
1611 B
(G-4) - COMPLETE; Non MSTU Project - Traffic Operations Project; Project Manager, Frank Mattie
(G-3) -90% NON-MSTU PROJECT-COMPLETE - 951 Median Modification-Turning Lane
Project-60% Complete; Phoertix Construction is waiting on paver order.
Mark Burchin - Right of Way - is reviewing for compliance as per RjW permitting procedure.
3-20-06- Request for additional information - no report update
5-1-06; Inspection and photo documentation required prior to approval of contractors work.
5-15-06; completed and pavers have been installed
5-30-06: completed.
(G-2) -COMPLETE-Maintenance Contract Bidding- On Going; Bid 05-3686 NTP July 28, 2005 to
Advanced Lawn.
(G - 1) - COMPLETE-Interim Maintenance - Advanced Lawn; PO number 4500044020 open for
$15,765.00 (GG Pkwy Medians); PO 4500044021 for $18,271.00 (951 Part A and B).
3
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TAXABLE VALUE
TOTAL
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$941,945,444.00
$708,481.08
$841,945.44
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Board ot County CommiSb.
ROADWAY AND ()RAINAGE M.S.T.U. j
Fiala _.___,-__.____.
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Coletta _____._.__._
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
February 14, 2007
Agenda
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes- January 10, 2007
V. Transportation Services Report
A. Budget- Lisa Hendrickson
B. Project Manager Report- Darryl Richard
VI. Old Business
VII. New Business
VIII. Public Comments
IX. Adjournment
The next meeting will be on March 14, 200710:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
MISC. Carres,
Date:
Item#,
Copies to
1611 B
FOREST LAKES
ROADWAY AND DRAINAGE M.S.T.t:.
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
January 10, 2007
MINUTES
I. The meeting was called to order by Bob Jones at 10:30 a.m.
II. Attendance
Members: Virginia Donovan (excused), George Fogg (absent), Robert
Jones, William Seabury, Roger Somerville (absent)
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator, Lisa Hendrickson- Management Budget Analyst
Others: Chris Tilman- Malcolm Pirnie, Craig Pajer- Wilson-Miller,
Michelle L. S. Guerrero- Mancan
The meeting was adjourned at 10:30 a.m. due to a lack of quorum.
Darryl Richard will email a report to Committee Members.
Lisa Hendrickson distributed and reviewed the budget report (see attachment).
Darryl Richard distributed and reviewed the project manager report (see
attachment). He suggested that any Committee member interested in pursuing
the turn on Woodshire to do so independently since it was found not to be an
issue that can be handled by the MSTU.
The next meeting will be on February 14, 200710:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
FOREST LAKES
ROADWA Y AND DRAINAGE M.S.T.U.
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
January 10, 2007
SUMMARY
The meeting was called to order by Bob Jones at 10:30 a.m.
The meeting was adjourned at 10:30 a.m. due to a lack of quorum.
16/1 B
16/1 8
January 10, 2007
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie SilIery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
FOREST LAKES MSTU Proiect Status
(F-29) - ACTIVE -Bond Issue Finance Package-
12-11-06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director.
12-13-06: Requested project information sent to Mike Smykowski for submittal to PFM (Financial
Consultant).
12-13-06: Package sent to PFM for review.
1-10-7: Mike Smykowski reports that there will be a Budget Meeting on 1-11-07. During Budget meeting
there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be
recommended to finance bond issue. Alternative funding through a Bank will be reviewed.
(F-28) - ACTIVE - Malcom Pirine Project Management Oversight Services - Committee approve
$40,000.00 for annual services.
12-06-06: Committee approved the funding for Malcom Pirine Contract
12-19-06: Malcom Pirine delivers Fee Matrix for proposal
12-20-06: Staff request revised Scope of Services for proposal to match Fee Matrix.
12-22-06: Malcom Pirine revised Fee Matrix received.
1-08-07: Work Order picked up by Malcom Pirine for signature.
(F-27) - ACTIVE - Engineer study - turn on Woodshire
12-05-06: Documentation sent to Traffic Operations for review of proposed installation. Meeting with Bob
Tipton, Director, Traffic Operations.
1-10-07: Bob Tipton confirms that installation is not approved.
(F26) - ACTIVE - Maintain signage
11-08-06: Fogg moved to utilize annual contractor- maximum $10,000.00
(F-25) - ACTIVE - Pot Hole Repairs
11-08-06: Fogg moved to increase funds for pot hole repair up to $40,000.00
12-13-06: Work Order in Progress
(F-24) - ACTIVE - Two Staff Gauges
11-08-06: Fogg moved to install the staff gauges.
12-04-06: Issue of Purchase Order pending for Work Order
12-13-06: NTP - Work Order -$1,200.00 (90 days)
(F-23) ONGOING ACTIVE - MSTU Committee vote to obtain annual services from Shenandoah
Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm
scope of work with contractor prior to each service.
10-11-02: Committee approves $30,000 for annual contract with Shenandoah.
(F-20) ACTIVE - Gravity Flow System: Proposal for Design Phase
9-12-06: Need Scope of Services from Consultant.
9-13-06: MSTU Committee approves 'Not to exceed' for $90,000.00 for the project
9-25-06: Scope of Services received from WilsonMilIer exceeds the $90,000.00 limit. WilsonMilIer to
revise scope.
10-11-06: Committee approves not to exceed $120,000 for WilsonMilIer Scope of Services.
1
1611 B
12-6-06: Committee notified that Notice to Proceed will not be sent to WilsonMiller until review of
proposal by Staff and Malcom Pirine has been completed.
(F-18) - ONGOING - ACTIVE-Shenandoah (Annual Contractor)
10-11-06: Committee approval of not 10 exceed $30,000 on annual basis for Shenandoah's services.
(F-17) - ONGOING -ACTIVE - Wilson Miller - Annual Consulting Services - WilsonMiller- Scope of
Services received for $30,000.00 from WilsonMiller; Requires Committee Approval. Committee approved
$30,000.00 - Work Order issued January 23, 2006.
8-21-06 - Ongoing
(F-16) - ONGOING- ACTIVE -Lake Doctors Annual Maintenance Contract - Woodshire Ditch & pump
station - Notice to proceed ITEM 5, 2005 - $4,770.00 - Annually
5-15-05 - Purchasing required Re-Bid (quote) for project - Quotes due 5-26-06
5-30-06 - Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract-
pending
6-12-06 - PO requested waiting on Gloria
6-27-06 - PO issued and ongoing
7-18-06 - Ongoing
8-21-06 - Ongoing
(F-15) ONGOING -ACTIVE - Woodshire Landscape Maintenance Contract - 400 ft. x 20 ft. Sod
Mowing. Quotes requested from annual contractors.
4-17-06; Southern Services under contract for maintenance on annual basis based on contract rates.
(F-13) - COMPLETE - BOND Resolution & Executive Summary - Coordination with Scott Teach
based on WilsonMiller cost estimate.
6-12-06: Scott teach met with Smykowsky & will be working with Finance Board.
6-27-06: Meeting scheduled for 6-28-06
7-18-06: BCC to approve on 7-25-06 - Resolution to put on election ballot for bond issue
8-7-06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006-As per Jennifer
Edwards Spvr of Elections.
8-21-06: Tessie Uploaded new resolution superseding 2006-20 I - consent agenda -bee 9-12-06
9-12-06: BCC Approved Bond Resulution. Approval by voters on November 7, 2006 required.
11-08-06: Confirmation from Scott Teach that Bond Issue has been approved by Voters
(F-17) - COMPLETE - Water Flow Data Loggers (and related request for verification of water levels
throughout the Forest Lakes Community)
7-22-03: Purchase Order for $6,000.00 Project Cost ($2,000.00 installation and $4,000.00 material) issued
to WilsonMiller for installation of water-level recorders.
3-3-06: Gordon River Outflow Meeting with: Clarence Tears, SFWMD; Eugene Calvert, Director
Stormwater Dept.; Jeny Kurtz, Stormwater Dept.; Darryl Richard, MSTU Project Manager; and Craig
Pajer, Consultant, Wilson Miller. Clarence Tears states in meeting that if the Forest Lakes MSTU can
provide data that the lowering of the Gordon River Outflow Weir Structure (to allow for better flow of
water from MSTU) is justifiable that lhe SFWMD would consider such a proposal to lower the outflow
level at the weir structure.
3-6-06: Request sent to WilsonMiller (Criag Pajer) to verify the operational status of the water level
recorders.
3-30-06: Request sent to WilsonMiller for verification related to the warranty of the recorders and location
and operalion of the recorders.
5-11-06: Staff Project Manager Darryl Richard request all data related to the installed recorders and status
of the recorders and data obtained.
6-2-06: WilsonMiller Project Manager Craig Pajer delivers electronic files containing data recorded. A
report indicating the significance of the data was not provided by WilsonMiller. There has not been any
document produced by consultant analyzing and/or summarizing the data collected.
2
1611 B
8-9-06: Committee Voted to authorize $15,000.00 for the purchase of new (water level) flow meters for
Forest Lakes MSTU.
8-21-06: Staff research online indicates that there are a variety of products available and consultation with
Stormwater Department indicates that there are products which SFWMD prefers for use in this application.
8-29-06: Stormwater Project Manager Jerry Kurtz meets with MSTU Project Manager to review the
proposal, Jerry recommends contact with Tim Howard of SFWMD to determine which product best suits
the needs of Forest Lakes MSTU.
9-1-06: Phone consult with Tim Howard indicates that the method for obtaining 'verifiable' data which is
'defensible' is utilizing a product that both records the data and automatically sends it for processing.
Estimated cost of product and installation of such a system is $40,000.00. Vendors were reviewed for type
of product offered: Campbell Scientific; Hydro lab Products; and YSI Products. Engineering Consultation
was recommended from County Storm water Dept. and from SFWMD for installation and continuous
monitor of system and data collected. The possibility oftie into the existing SFWMD data base collection
system was mentioned.
(F-19) . COMPLETE - Asphalt Repair (3 mobilizations) Pot hole repair and other ($25,000)
8-18-06 - Bonnes to pick up WO
8-21-06 - waiting on bonnes signature
8-22-06: Bonness signed WO; issue of PO pending.
8-31-06: PO sentto Bonness;
9-19-06: Bonnes confirms that repair areas are marked and areas are approved by Project Manager.
10-18-06: Bonness crews are onsite making repairs to pot-holes (I" mobilization). On Monday 10/23/06
Bonness will re-mobilize for additional repairs.
10-31-06: Bonness Paver repairs completed.
(F-22) COMPLETE - Obtaining Additional Scope of Services for Annual Consultant; at the request of
Committee Chairman and A TM Department Director Liason Staff is obtaining alternate Scope of Services
from Collier County Annual Vendor List and other private sector Engineering Firms.
10-5-06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract.
11-7-06: List of Firms submitting quote recorded. Staff recommends Special Meeting for review of
proposals.
(F-24) COMPLETE - MSTU Committee directs staff to meet with SFWMD concerning the installation of
water level recorders. Meeting is to have Dept. Director Diane Flagg, Project Mananger Darryl Richard,
Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir. Stormwater Dept, and one
representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones).
10-12-06: Committee directs staff to set up meeting and obtain services from Mancan for minutes.
10-25-06: SFWMD recommends installation of staff gauges, WilsonMillerto provide quote for
installations; In reversal of previous recommendation - installation of electronic recording devices is not
recommended and determined to be un-necessary.
(F-2Ib)--- COMPLETE Shenandoah Construction - Quail Forest Blvd. Desilting (includes surrounding
areas within Forest Lakes MS TU)
9-13-06: Forest Lakes MSTU Committee approved project for Shenandoah Construction based on Annual
Contract rates.
10-10-06: Shenandoah Construction submits quote based on $15,000.00 amount with invoicing to be as per
completion of each section based on contract rates. Project is complete invoicing is pending. Shendoah
invoiced for $13,718.25
(F-2Ia)--- COMPLETE -Shenandoah Construction - Woodshire Ditch. Desilting Project
8-9-06 - Committee voted on an up to $15,000 to get clearing and restoring the drainage swale at
woodshire ditch (east to west portion.
8-21-06 - Pending Quote from Shenandoah - annual
8-31-06: PO sent to Shenandoah for project.
9-12-06: Project 80% complete
9-15-06: Project 100% complete.
3
16/1 B
(F-14) CANCELLED - Woodshire Lane - Re-gradinglCutting of ROW Edge & Sod Installation
8-9-06 - Committee approved up to limit - pending Quotes coming in.
8-21-06 - WO # assigned and to be picked up by Bonness (4,962.64)
9-1-06: WO returned from Bonness and forwarded to Gloria Herrera for review/Sharon then to Norm Feder
9-12-06: Need approval for $4,962.64 for project.
9-13-06: Committee selected not to approve necessary funding for project.
(F-12) COMPLETE - Committee member Roger Sommerville reI. to Swale #15 and nearby Lake; Liason
Staff Project Manager and Consultant to review project to determine any outstanding items and also the
level of the Lake in relation to the swale level.
8-31-06: WilsonMilIer Craig Pajer reports site inspected and no problems or punch list items. Victor
(Engineering Tech) performed inspection.
9-7-06: Staff Project Manager meeting with Craig Pajer confirms WilsonMiIler inspection finding no
outstanding punch-list items.
(F-II) - COMPLETE-Mail out for Bond Issue Referendum
8-9-06: George Fogg moved to fund a mailing to registered voters in order to explain the ballot, this will be
done by staff.
8-21-06: Staff will coordinate with Committee Chairman Bob Jones for content of mail-out. Man Can will
provide the assistance for mailing.
9-13-06: MSTU Committee
9-12-06: County Attorney Scott Teach and Committee Chairman sign off on mailing.
9-19-06: Mancan services sent out mailing.
(F-IO) - COMPLETE - Pump System Repair - Emergency repair of Forest Lakes Pump System on
7/28/06.
7-28-06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for
$600.00.
8-02-06: Purchase Order issued to FIS for repair cost. Invoicing is to Forest Lakes MSTU.
8-10-06: FIS invoice for $800.00 exceeds quote. Staff request FIS to re-invoice for correct amount.
(F-9) - COMPLETE - Lake # 6 - Villas Drainage Improvement - Craig Pager - County Attorneys - To
determine ifthe project scope is within the authorization of the MSTU Ordinance.
8-23-06: RLS sent to Scott Teach for determination of weather the scope of proposed project is authorized
by Forest Lakes MSTU Ordinance.
9-1-06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is authorized
by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU Ordinance as it is not
'roadway related drainage'.
(F-8) COMPLETE - Roadway Signage and Pavement Marking Study-
Installation of Signs - COMPLETED - Committee approved for signage -<:ommittee chairman has
requested that consultant review and revise the quantity of signs.
4-17-06; PO issued to Lykins for $12,045.00; Lykins begins work on 4-17-06.
5-15-06 - NTP given - project under construction - estimated to be done 5-20-06
5-24-06-Project Complete-need to have final walk-through.
7-18-06 - FINAL INSPECTION - PROJECT COMPLETE
(F-7) COMPLETE -. Painting of Markings -Quotes requested from new Collier County Annual
Contractor Trutwin (Fort Myers Location).
5-30-06; Quote from Trutwin based on annual contract for traffic markings pending
6-12-06: Trutwini requested new drawings with text that is legable from Wilson MiIler.- no drawings
reced.
6-27-06 : Submitted PO request on 6-27-06
7-12 -06: Project completed
4
16/1 B
(F-6) -COMPLETE- New Committee member selected Mr. Fogg -BCC Approved on 9/13/05
Complete; BCC Approved Fogg,
(F-5) COMPLETE - SWALE #15 - Kyle Construction 100% complete - need consultant report on final
inspection.
4-17-06; Need WilsonMilIer notification of Final Inspeciton.
6/12/06 - Project complete - waiting on WM to submit letter of fmal completion.
627-06 - Project complete - waiting on WM to submit letter offmal completion.
7-12-06 - Craig Pager to meet with Darryl- fmal completion documentation
8-7-06: Substantial Completion with Punch-list complete
(F-4) - COMPLETE -Swale # 7 & 10 Regrade; WM has completed design. WM completing Bidding with
Annuals.
4-17-06; Work Order for Higgins pending
5-15-06, NTP - 5-8-06 - DN Higgins - Wilson Miller performing construction observation
6-12-06, Construction Reports from Wilson, Miller - Pending (50% completed)
6-27-06: Waiting on report from Wilson Miller
7-12-06 - Craig Pager to meet with Darryl- fmal completion documentation
8-7-06: Substantial Completion with Punch-list complete
(F 3) - COMPLETE - Swale # 2 Regrade;m WM has completed design. WM completing Bidding with
Annuals.
4-17-06; Work Order for Higgins pending
5-15-06, NTP - 5-8-06 - DN Higgins - Wilson Miller performing construction observation.
6-12-06 Completed - need report from Wilson Miller
6-27-06 Completed - need report from Wilson Miller
7-12-06 - Craig Pager to meet with Darryl- final completion documentation
8-7-06: Final Completion Document Executed
(F-2) - COMPLETE - Woodshire Lane Overlay Project - I" Overlay of Woods hire Lane. Committee
Approved $48,000.00 for this project.
5-15-06 - Work Order- picked up by Contractor- waiting for signature. - Contractor schedule - Mid June
to begin. '
5-30-06; Construction to begin on 5-31-06 field meeting to held.
6-27 -06: Completed - and final inspection requested.
7-12-06 - Craig Pager to meet with Darryl- fmal completion documentation
8-7-06: Final Completion Document Executed.
(F-I) COMPLETE -Pump Generator-
8-9-06 - Committee voted to rent a generator if its needed in an emergency
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lac 15 3 Z1 WI '96 OIUlINAIlCE NO. 86 - -ll.
ORDIIIAIlCE ESTABLISHIIIG STANDAllDS FOR
'1"Ll!l" tf c.vu:':"QaCREATIOH AND RBVIEW OF COUN~ BOARDS
nu.' ,",\llIIT. l AND PROVIDING A POLICY DBCIJUtATION.
PROVIDING EXEMPTION, PROVIDING DEFINI-
TIOIIS, P~VIDING QUALIFICATIONS AND
REQUIREMENTS FOR MEN8~HIPI PROVIDING
PROCESS OF APPDIIlTMEIITS; PROVIDING
TER>iS OF OFFICE; PROVIDING SCHEDULE
FOR REVIElI OF BOARDS, PROVIDING ArTEN-
DANCE REQUlREIlEIITS; PROVIDING SEVER-
ABILITY, AIl1l PROVIDING AN EFFECTIVE
DATE.
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BE IT OIlDAINED BY THE BOARD OF COUll'1'Y CQIlMISSIOIIDS OF
COLLIER. cotnfTY, FLallInA,
SECTIOH ONE: !'OLIcr DECLARATION.
It 1. hereby declared to be the policy of the Bond of
County eo..1SIlonera ot Collier County.. Florida, to prollOte
econoay.. etfic Leney and bprovecS .ervice in the tranaaction of
the publIc bu.ine.. by County Boarda. Nothlnf in thia Ordinance
shall. be construed to prohibit or natrict the COZIIiasion fr'1'"
amending or a~li.hln9", at any t.iJDe, any Board currently 1n
existence or hbreinafter created.
SECTION TIIO: DEFINITIONS.
'fh-. tera -SOard- i. defined t.o include ."ery 4leney,
advisory board, regulatory board, qua.l-j~dicl.1 board, cam.it-
tee.. taat forctl or any other group created and fgnded in whole or
1n par~ by the Board of County Coaai..ioner..
'The term .CCXIIII.i~'.i.,n. 1. defined .s the aoard of County
eo..i..ioner. of Collier County, Florida..
'!'he tena -Exempt." ia defineel to include Ad-Boc: Stu4y
Committe.. appointed by ReaoluUon of the BoarlS ~f ~oun1:.r C~a-
aioners for a cluJ;'atlon of not more than one (1) ~"e.r and CZ'e.ted
'to aerve ... speclfic ahort-term function.
SECTION 'l'lI""z. CREA'l'ION or NEll BOAIUlS.
(aJ ~11 80areS8 c:reat.eeS after the effectlve 4ate of thia
OrdinUlce shalL be creat.ed by orcUnance only, except. for the
Ad-Hoc Study CoauIIitt.eea which fa!:1 uncler ~ 'c5.fini~ion' of
Ex.,.pt. Such ordinance ahall set. fo:a:t.h the. Board's purpo.e.,
fun.ction., powers, r..ponaibl11.ti.., jurla41.ctlon, ...berahlp
nor ON w.r 85
-r\
-
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-
-
,
requlre.,nta
ISent to And
and re.trictlon., te~ and condition. of Appoint-
removal frea the 80ard t and the specific ataff
aupport, if any, neee..at'y ~ prepare an annual re~rt, either
oral or written, to be preaent.ed. to the CO_.h.sion.
(b) Prior to the advertised public h..r.lng held for ..14
ordinance, the County Manaqer ahall 8ubmit to the Co.mi..lon, a
report aet.tinll forth the fOllowing infor1ll&tion concerninq the
proposed new Board:
1.) Whether the ..tabllshaent of the Boare! will create
.officiant ~ett.raent to tbe community to justily the
caaai..ionl. delegation of a portion of it. authority.
2.) Whether another Board. or Agency, either publlc or
privat.e, ...lready in exiat.enee, could ..rve, or ia .erving-
the aaao purpo.e.
3.) The coata, both direct and indirect., of ..tab-
lhbin'l and adnt.inin'l the nev Board.
4.) lOlether cre.Uon of the new Board 11 nec....ry to
enable ~h. County to obtain atate or federal qranta or other
flnancinq ..
S.) Whether the Board ahoulc1 have bonding authority.
6.) Whether cre.tion of . new Board i. the beat _thod.
to achieve the benefit desired.
SEC'I'ION FOUR. IXEllP'rIOH.
'the Board of County COIIIIal..1onera 11&;( I by re.olu.tion,
appoint an Ad-Hoc Study ~tt.. for a specific project, if the
duration of the co.lite.. does not exceed one (U ye.ar duration..
~. resolution .use .et forth the duti.. and r..ponalbiliti.. of
-~ Camaittee and contain language wbich .u~t~c.~ly di..olve.
the Coaa1t.t.. i:t one (1) year frOllL the elate of ado~t.lon by the
COIIIIIli..ion.
SECTION FIVE,
~At.I."!CA'fIONS ~ REQUlREHElrl'S FOR
MR MEMBERSHIP ON BOARDS
All member. of County Boards shall be perm.nent residents
and electors of CoLlier County and should be reputablo and active
in c~unity .e=vlce. In addition, all SQar4 ..-her. .hould have
lOll 024..... B6
2
---~-,----
-
-
-
,
4.-onat%ated an interelt 1n the activity or service which 1. the
purpo.. of the aoard.
Any member of a County Bo<<rd ~ho cea.ea to be a resident of
Collier County during hi. or her ter.m of office sball ~l.te1y
adYi.e the commi..ion of such change In statuS. upon such notice
the Commi..ion ahall declare the position to be vacant and aball
prcnaptly fill same pursuant to the prOVisions of Section Six
herein..
The coaai..ion'. priaary con.itSeration in appoll1t1n9 Board
~r. ahall be to prOVide the Board with the 'technical, prof..-
aiona1, financial. busine.. or administrative expertise neae.sary
to effectively &ccoaplilh the Board'. purpole.
110 perGon ahall serve. on JDOro than two county 8oard. .iJml-
t.aneoualy.
Ko -.bar of any Coun't)" Board ahall becc::-.e a can4idat.. for
aD elective poll tical office ana cootlnu. to aerv. Oft such ao~.
Should aDY County Board ..Jaber qualify.. a candidate lor an
elecdve political office, ouch qualifica~ion olloU be 4eeaa4 0
tender of r..19n~tlon f%'OIl auch SoareS. . by County 3oar4 ~.r
""0 1100 qualifJ.ed for elecdv. polidcal offic. prior to =M
effect.lve date ot thia ord1nuce .hall DOt be reqc.ire4 nor be
deu.e4 to have reai",ed trOll. auch Soard.
SIC"fIOIl SIX, PJIQCZ$S or IIPl'OIIITMEHT.
Ca) Vacan-=ie. occurring- on any BOArd ahall be puJ:alicized,
but need Dot be adverti.ed, In a. pUblicat.ion of general
circulat.ion wit.hin the County,. and vacancy notic.. are to be
poote4 in the COun~y lib..or1.0 an4 eoun~y COUrthouae.
(b) Prior to JDakin9 appolnmanta to Board., ! he
Coa::-..t..cion'. ataff ahall provide the co-1..1c:\ with . list
outlining- the ql1411flcatioa. and deaoqzaphlc back~.oQDd of each
candid.t. for B:>ard membership, a10n9 vitb a li.t dost.ailug the
qua1.1fleat.iOJ':li. and dell109rapblc bacJc9Z0\ln4. of preseAt. &IeIIber.
...kin9 reappo1nUlent. on .ach Boar4 to 'Which an appoinbDant.. 1..
being made.
alOl: 024....~ 57
3
1611
.
,
SECrIOII SEVER. TERIl OF OPTICE.
(al ~UlU of office for _r4 _n _ball be _blfiere4.
lb_! 111 ore==- of off1.ce for Boud _ra shdl be UaU;e4
to tIID coaaecati... ~ of aerri.ce OD all" aae Boardl pro-
.i4e4, JlDw'ever,. t:b&'t. aD)" per.OIl c:arrellc.ly serv1nq on & BoArd
shall be perait.ted t:o _rYe on that Boud until the
e~piration of his or her term.
(2) By a unan1.rDou5 yote ot the COaual.aion, the lildta-
tlona .et forth in subsection (bl (l) above may be wa1vad~
te) Nothln9 aet forth in subaections (bl Ul above shall
prohibit &ny individual Lroa be1D9 r~appointed to . Board after a
hlAtu. of ~ year..
SEC'tION EIGHT: AT'TENOANCE REOOIllEKEKT..
Ally Boa.rd. JrIeIl.bat' ahall be aut.omatically relQOved it he or she
1. Absent fron t.wo c:on..8Ieeu.tive Board aeet,ln1J. without. 8.t1a-
t:actot".l'" eXCl,l.loe OJ: U: he or ahe 1. abient. tr~ JDOre than one-haJ.f
of: the acardIa mcetlnq. ill .. g-fvl!'l!! ti!l!'"~l yea.r. A =-e~r of a
Board ahaill be d:eeJled abient. fro-. a _et.lnq yhen he or aha i. not
pr.'~nt durinq .t l...t 75' of the ~etinq.
5EC-xIOti lU..ttE.:: REVIEW OF BOAJU>S..
Ccmacnclng January 1, 1987, each Doard .ball be revi~we4 in
the following R4finer:
ta) On or before .:r...nuary 15th Qf ~. year 1.'1 which & Board
1_ tc be rov1.t:tMdi it.. Cbalrper80D ahall .uhatlt to., the COunt.y
Kanaver a report .etting f"orth the f~ll",,",!ng InfQDU.tlon
regu-41a, the foar4:
1.' Whether tile Board 1. ..rvIng' the purpose :tor Which
it v... created..
2..) lIb.et.her the Board i. adequ.c:tely .erving C'lln"eAt
cOoQIWlity nae4tl..
'3..) A 11st o~ the Board '. aajor .ee~l t.hMent.. tor
~ pr~~c41"q L<<clyc month period.
t..) Whether there 1. AnY other Board or 4g.e:ney, either
p\l:blic or p.d.va.t.e, .hlch 1.. .crving or would better ..rve
t:be puTpo.~ for vh1ch the Board va.. erea ted..
tOOl 024".., 88
4
.
.~~~- ~ --"",~---"-," -~-' ,'.
'~""~""'"";:""~:.:~.
_ 'oM _ ""1 ~'j" ~ - -;~~" ~: .
--
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,
5..) Whether~. ordinanca cr..t.ing dl. loel'd ahou14 be
aaen4ed. to allow tho 80ar4 to more a4equately ..rve the
purpo.e for which it waa created.
.; .. J Whether the 80ard'. membership requirement. should
be IllOdlflod.
7.) The cost, both direct and indirect, of II&lntainillq
the Board.
(b) On or before rebruary 15th of 1Jle year 1n ",hleh . Board
1. to t, rev1ewocS, tile CO':lnty Mana,er .hall deliver to tbe
Ccx=i..lon the report. aubllllt.1:ed by the Chairpelson of .ach Board,
purauant 1: Sflction' (a) of this OrcU.nanco, together with any
recOIIIIendatlor.. or coaaent.. the County Manager ..y have.
(e) Ou.rinq. Karch of the y..r in which .. Board. i. w be
reviewed, the Chairperson .hall aake an oral pr..entation ~ the
eoc.i..ion. Said pro..ntat1on ahall 1M ba.ed upor.. i;he refOS't
o\IJ,.itt.ci t.o the County Manager pur.uant to SecUon '(a) of th.J..
Ordinance. At the conclusion of said oral pr......tation any
Ccaai..ioner may reque.t the foraat.loft of a .ubcoaaalt.t.. COI\.-
oht1n'1 of tIlrae (3) _bors of tile COoallhslon. Sald OI1bcOlS-
lIl1t.tee IEhall evaluat.. 'the Chairperson'. report., 'the CCKL-aty
Managor '. recc_ndationa and any other hfonaation it de...
r.levant ~ det.eralne whether the Board .hall cont.lpu. in 1ta
pr..ent: fona. The' su_Utee shall report to th4 Cooaisdon
no': later tIlao wU:hln ninety Inl days after their illLtial
_atin'1.
(d) At; t;he concludon of tIllo rovi... proce.., the C=-1a-
alon shall det~rain. whether to aboli.h, cont.inue, conlolidate or
.edify the Board for the enlu1nq four year..
leI The :ollowin'1 Boards ohall be revi....d in the yearo ao
.et. forth bel~ and ahall be reviewed o~e. evary four (4) y.are
thereatte";
198':
SOard of A4ju.~nt. and Appeals
Food Eatabllahment. aeview Board
Tourist. Development COuncil
2aergency Med1cal Service. Advisory Council
lOtI 024",,! B9
5
-
...
-
,
Library Advi.ory Board
Golden Gate eom.unity Center Advisory C~tto.
Contractors Llcenaln9 Board
I.le. of CaprI Fire Control Di.trIct
. Advilory Board
Parks and Recr..tion Advisory Board
1'.', Citizen. Advisory Tast Poree
Collier County COde bforceaent 80ar4
Golden Cat. Parkway Beautification
Advisory Committee
eollier County Plannin~ Co~i..lon
1988.
1'90: Marco IIlan4 Beautification Advisory Ccmaitt..
Ochopee Fire COntrol District Advisory CODmlttee
Natural Be.oure.. Advisory Council (EAC/WMABJ
Public Vahicle Advl.ory Ccomittee
tmmokal.. Airport A4vllory Board
lfl All 80ard. created after the elfectlve elate of tIIi.
Ominance shall be reyiewed once every four (4) years ~.r..fur.
SECTION !'Elh CClIlFLICT AIlD SEVJ:IWlILI'1'Y.
In the .\"'ent this Ordinance conflict. with any other
orcUnance of. C:>111er COunty or other applicable 1.", the more
rutdcUve ehall apply. If any pln'a.e or portion of tilt.
. .
Ordinance i. held invalid or uncon.titutional by anr court of
competent jurisdiction, auch portion ahall be 4<<...4 a ..parate,
d.istinct. and. independent provision. -an4 ~ch holcS1n9 shall not.
affect tbe validity of the reaaiDinv portion.
SECTION J:LEVEII. UFECTIVJ: OA'I'S.
'l'bl. OrdInance .b.ll beCODe effective upon receipt of Dotice
froa the Secreta.,". of State that thi. Ordin.nce bae been filed
with the Secretary of Stat...
Board of eounty eaa.i..ioner.
~ day of J.11rn1.1'.:
. lta6.
Approved .. to fora and
legal sufficiency:
~~....dM~
. a uce er.un
A..iatant County Attorney
,
1*
6
ron B
---
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STATE Of' f'LORlOA l
COUNTY Of' COLLIER )
I, JAMES C. GILES, Clerk of COurt. in and for tho
.
Twentieth Judicial Circuit, Oollier eounty, Florida, do
here~y certify that the foregoing ia.. true original of
ORDINANCE NO. 86-41
tt~t wa. adopted by the Board of County Commissioner. during
Regular Session on the 5th day of Au9ust, 1986.
WITNESS .Y hand .nd the offIcial ...1 ot the Board of County
Coaata.loners.of Collier County, Florida, thia 6th day of
August, 1986.
JAMES C. GILES. CLERIC
Clerk of Court. and Clerk
Ex-officio to the Boord of
County eoa.ieeionere
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1611 B
ISLES OF CAPRI FIRE I RESCUE
ADVISORY BOARD AGENDA
Feb. 1,2007
REC
FEB
i\fED
37
CHIEF'S REPORT
BoardOfCc"" ,
Fiala un7",m,ss;oners
Halas :20 -'-
Hennin -----
Co Ie ~-,---
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Coletta__-=:-:----
..'"-,.,-.~,_..u_
A. OPERA nONS REPORT
B. VOLUNTEER REPORT
C. TRAINING REPORT
D. BUDGET REPORT
OLD BUSINESS
Steering Committee update
NEW BUSINESS
By-laws for new member
Letter from Dan Summers
05 Incident Response to Marco Island
BOARD AND CITIZENS' OPEN DISCUSSION
Misc. Corres:
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1611 B
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF FACILITIES MANAGEMENT
MEMORANDUM
DATE:
January 25, 2007
TO:
Planning Commission
To All Advisory Boards
Productivity Committee
FROM:
Skip Camp, CFM, Director
Department of Facilities Management
REFERENCE:
Parking / Main Government Complex
As many of you know, during the construction of the second parking deck, parking on the Main
Government Complex was very tight. There were very few close-in, convenient parking spaces. In an
effort to accommodate the Board's Planning Commission and Advisory Boards, the County Manager
provided close in reserved parking.
On November 20, 2006, the Board dedicated the second and much larger, 1125 space parking deck
directly across from the Main County Courthouse. This services the Courthouse, The Harmon Turner
Building (F), the Human Resources Building, the Tax Collector's Building and the Supervisor of
Elections Building. This close in, convenient facility provides covered parking with a number of security
enhancements including closed-circuit cameras, emergency assistance boxes, monitored tire extinguisher
boxes and AED's (automatic external defibrillators).
Beginning in February, we ask that you redirect your parking enarts to the new parking deck. This will
free up the County's craftsmen, who in the past have had to adjust the signage for each of the advisory
boards every time they met.
We trust you will tind the new parking facility accessible and convenient. We thank you for your patience
and the inconvenience it caused you during the construction period. Should you have any questions or
require additional information, please contact me at extension 8380.
Thank you.
c: Jim Mudd, County Manager
Len Golden Price, Administrator
Administrative Services Division
Bureau of Emergency Services 8~~y H
85S
COLLIER COUNTY BUREAU OF EMERGENCY SEtv~JS 1
B
:nOl Fast Tamiami Trail . Naples. Florida :\4112 . 2:\9-774~~WO() . FAX 239-775-500S
January 25, 2007
Mr. Kirk Colvin
Chairman
Isles of Capri Fire District Advisory Board
175 Capri Blvd.
Naples, FL 34113
Dear Mr. Colvin,
I am in receipt of your letter regarding Chief Emilio Rodriguez and his very capable
leadership and management skills, not only with the Isles of Capri Fire and Rescue
District, but also with the community at large.
I thank you for your input. Be assured that Chief Rodriguez will indeed receive a "fair and
appropriate rating" in his evaluation.
Please feel free to contact me with any questions or concerns you may have.
Sincerely,
Z2 e;;;;:?
....
Dan E. Summers
Director
Collier County Fire Chief's Association
Conceptual Operations
Training
. Centralized training facilities
. Collier County Fire Chiefs Association Training Academy
. Operating and Managing Academy
. Minimum Standards Courses
· Pooling instructors
. Standard countywide training curriculums
. One year station rotation training calendar
. Standard training SOG's
. Maintain volunteer training
. Develop countywide CER T training standards
. Equipment
· Continuing education
. Balance public and career needs
· Class access and enrollment
. Standardize employee orientation
· New recruit training
. Human Resources needs
. Accelerated Paramedic program
. Develop and implement cross training program
. Standardize Officer training requirements FirelEMS
Administration
. Centralized Administrative offices at the EOC
. Centralized Prevention, Inspection, Public education, PIO/CERT
. Standardize staffing levels
. Standardize merging procedures (no loss of jobs)
. Combine auditors, bookkeeping, payroll, attorney services
. Centralize Human Resources
. Develop strategic plan both long and short term goals
. Centralize purchasing for fire medical and office supplies and equipment
. Develop IT services department
. Develop ALS engine program countywide
. Centralized records and storage
. Update Auto-Aid document annually
. Standardize station designs and architects
. County services in lieu of cash
. Standardize lease with county for joint stations
. Standardized building maintenance (plumbing, electrical, grass)
1611 B
16'1 B
Equipment
. Standardize air packs and maintenance
. Develop standard purchasing (equipment, bunker gear, medica~ etc)
. Standardize station apparel (boots, shorts, shirts)
. State contract TBA
. Centralized vehicle maintenance
. Centralized or standardized fuel purchase
Operations
. Annual update sOO's
. Standardized AOP's
. Standardize vehicle numbering (State ID numbers FOG)
. Standardize Mutual aid resources
. Standardize uniform appearance
. Standardize appearance (rank structures)
. Standardize locks (key boxes and electronic ID cards)
Employment
. Standardize physicals
. Standardize company physicians
. Standardize EAP procedures and resources
Dispatch
. Develop call screening procedures as needed
. Annual updates of call types or responses as needed
. Communications Manual
Transportation
. Road access
. Median openings
. Pre-emptive devices
Funding Development
. Emergency Management
I) Op I Capital
2) Steering Committee
. Steering Committee for EMS operations
16/1 B
The following is a comprehensive list of initiatives created and
executed thus far by the Collier County Fire Service Steering
Committee through the Fire Chief's Association.
Administrative Areas
Developed codified enabling acts.
Established a coalition of Fire Chief/District Commissioner Fire
Service Steering Committee
Established the Pre-Employment Testing Committee
Initiated county-wide Impact Fee review
Standardized billing for hazardous materials calls
Established a cooperative effort to write and share State EMS and
FEMA grants
Use state bid for vehicle purchases.
Established a cooperative apparatus and equipment maintenance
facility between East Naples, North Naples and Marco Island Fire
Departments.
Periodically loan reserve fire apparatus to other departments within
the county.
Established medical supply exchange program with EMS
Operational Areas
Implemented a comprehensive communication plan on November
1, 1989
Adopted 800 megahertz radio system
Created a separate Fire Service dispatch (Control 2)
Established the District Hazardous Materials Response Team
Standardized Dive-Rescue training and operational procedures.
Established a county-wide Critical Incident Stress Debriefing
Team
Adopted a county-wide Incident Management System
Endorsed/Imp1emented Emergency Medical Dispatch Protocols
Established Automatic and Mutual Aid Agreements
Automatic Unit Move Up for district coverage.
Implemented Automatic External Defibrillator Program with EMS
1611 B
Standardized hydrant marking
Ongoing effort to standardize tactical operation procedures
Ongoing effort to standardize training
Shared training resources.
Ongoing effort to standardize apparatus and equipment
Coordination on station/facility placement
Memorandum of Understanding with EMS
Established the ALS engine program
Station sharing between Fire Districts and EMS. This year East
Naples, North Naples and EMS will open a joint station in the
Gray Oaks area.
Established the Intermediate Advanced Life Support Program
Established the Firefighter/Paramedic Swap Program
Hosting the Great Florida Fire School for the second consecutive
year.
Created the Fire Marshall's Association to resolve common fire
code problems.
Created the Fire Code Official's Office.
Standardized county-wide gate opener program.
HSNi outbl~k.ln .::lOO.s ..nd m.II;<>dl'JV'G~' or mi!lnlwrv bird.
';....,." ''I ,~ "",,11: ,to;
1611 B
1
Ph..c:. of . P.ndemic
Mltigationa.ndPreparttlac" Re~pomc
~.~
,/
~~ rz~ ~) ~':J ~~
;;,::;Jnt:,
--- ~:;.;...
(Per Kalhleen MlIlT,F1 DoH. 27 Oct 06)
..........
1611 B
2
Resources
. N-95 mask
. Hand sanitizer
. Face shields
. Gowns
. Gloves
. Facial tissues
. Morgue packs
. Respiratory
equipment (hospilal
venlilalors)
. Hospital beds
. IV pumps
. Electronic
thermometer (Iow-
grade fever daily
entry screening)
1611 B
3
Potential Pandemic Impact on
Collier County Government
. High absenteeism (up to 30% for 6-12 months)
. May need to change hours of operation or close
some services temporarily due to absenteeism
. Challenges procuring supplies & services
. Economic losses
1611 B
4
16ar 10[2 B
rodriguez_r
From: wilson_pa
Sent: Thursday, January 25, 20074:13 PM
To: rodriguez_r
Subject: FW: fyi
naplesnews.com
Districts wary over county CES plans
By Brenda Hawkins
Thursday, January 25, 2007
Paranoia or founded concem? Discussions at several recent fire board meetings suggest a growing mistrust
between independent fire districts and Collier County Emergency Management.
Last fall, county officials pressed independent fire districts to study consolidation, pledging to add EMS into the
mix if a deal were struck. Now some fire officials contend the county has been planning all along to establish its
own fire and rescue service.
"Something stinks out there," says East Naples Fire Board Chairman Tom Cannon. "The independent fire districts
have to constantly fight for their existence."
Similar comments have been voiced by North Naples fire board chairman Chris Lombardo, after learning that
county officials are allowing builders to start construction without input from fire district inspectors.
"We all know what this is about. We all know that the county wants to do away with independent fire districts,"
Lombardo stated "We are willing to fight this."
Fire officials say parcels once marked for fire district use on development plans have been changed to county use
and districts are finding themselves out of the loop on development in their districts.
During the Jan. 16 East Naples fire board meeting, officials noted changes to plans in Fiddler's Creek. Parcels
once tagged for ENFD are now labeled "Collier Emergency Services." Cannon says the same thing has happened
in the North Naples District and no one seems to know how or when the plans were changed.
Fire officials also speculate the county is creating its own fire and rescue department following recent merger
discussions with the City of Marco Island.
"It's curious that Marco Island fought to get out from under the wing of the county when it incorporated, and now
it's trying to give back a portion of its control: said board chairman Tom Cannon.
If Marco Island were to merge, it could give CES a stronghold in eastern Collier County, as the agency already
controls fire and rescue districts in Ochopee and Isles of Capri. The two were formed as special taxing districts
under Collier County and although each has an advisory board, final decisions are made by Collier County
commissioners.
Cannon said he doubted the taxpayers of Isle of Capri would support a merger. The district's advisory board nixed
merging with East Naples several years ago even though it would lower Capri's millage rate.
1/25/2007
Page 2 of2
"People on'lsles 0; Capri are passionate about their fire department," Cannon said. "I can't see thlm €ant~ B
give up control to the county, but that can happen with the stroke of a pen."
Cannon says the writing is on the wall and has likely been taking place under county commissioners' noses.
"When EMS goes to the board of county commissioners and asks for $4,000 per person to buy bunker gear, the
commissioners aren't familiar with what EMS needs so they think EMS needs bunker gear to do their jobs," he
said. "The commissioners don't realize what they're doing and they didn't even question it."
Cannon says emergency management has spent hundreds of thousands of dollars to cross-train paramedics as
firefighters and has even sent some employees to fire code inspector school.
By state law, permits must be approved by a certified code inspector. To streamline the process in Collier County,
all independent fire districts consolidated their code inspection into one office several years ago.
More recently, the county building department began to issue phased permits, which allow construction to begin
before the final permit is secured. Builders with phase permits are held accountable to correct anything that does
not pass final inspection.
The phased permit policy has angered fire officials, who say development is popping up in their districts without
their knowledge or oversight.
Although phased permits can speed development, they can also result in costly snafus such as the lack of fire
sprinklers in the county's new parking garage. The county did not include the devices, based on staffs assertion
that sprinklers are not necessary in concrete parking structures.
During final inspection, fire code officials concluded that sprinklers are necessary for the safety of vehicles parked
inside the garage. Fire officials maintain the expensive mistake could have been avoided if the plans had been
presented to them early on.
Cannon says if the county pursues fire services, it will be costly.
"There's one thing I do believe. If the county forms its own fire service, it's going to cost people more money," he
says. "We have to protect East Naples citizens and keep that from happening."
@2006 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.
1/25/2007
1611
'c
~,)
ISLES OF CAPRI FIRE/RESCUE
ADVISORY BOARD MEETING MINUTES
FEB 1,2007
ISLES OF CAPRI FIRE STATION
ATTENDEES:
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman, Advisory Board Member
Joseph Langkawel, Advisory Board Member
Bill Rafeldt, Advisory Board Member
Thomas 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. Generator should be installed by April.
B. Fuel tank should be installed by March; fuel expense will be reduced.
C. Still waiting to hear on grant applications submitted.
1. FEMA-SCBA's
2. State of Florida - Seawall repair
D. Discussions on site locations of second station continue.
1. Marco airport - very receptive to building a fire station on property.
2. WCI - still unknown as to availability date of sales office site.
III. NEW BUSINESS
A. Receipt of response from Dan Summers regarding Fire Chief evaluation.
B. Fire Steering Committee
1. Chief Rodriguez and Joe Langkawel attended 01/25 meeting.
2. Next meeting on 02/22 in N. Naples with Chief and Joe attending.
3. Dan Summers spoke on a possible pandemic.
1611 B
4. Discussed possible joint efforts of fire depts. of Collier County.
C. Countywide Fire Merger Committee
I. Next meeting to be held 02/21.
2. Chief Rodriguez & Bill Rafeldt to attend.
D. Discussion of Naples Daily News article on Marco/ICFD/Ochopee merger.
I. Dan Summers refuses to provide any information to the Chief.
2. Private talks continue between Dan & Marco Island Fire Chief.
3. No indication to include Chief Rodriguez or our Advisory Board.
4. Look into formulating a petition and obtaining signatures.
5. Look into inviting Dan Summers & Comm. Fiala to Civic Assoc. Mtg.
E. Fire station 90 Open House.
I. Serve hot dogs, chips, soda, water.
2. Vehicles, Med Flight & File of Life registration cards to be available.
3. Dates to be looked into: Feb. 25 or Mar. 4.
IV. ADJOURNMENT
The meeting was adjourned at 7:30 p.m.
THE BAY S H 0 H E I GAT E WAY T H I A N G L ERE D EYE LOP MEN T In9 A lIB
COMMUNITY REDEVELOPMENT AGENCY
2740 B!\'iSHOHF DRIVE, UNIT 17 NAPLES, ro1. 34112 PHONE 2J9.643.1115 FAX 2.19.775.4456
BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Wednesday January 3, 2007, 6:00 p.m.
2740 Bayshore Drive Unit 17, Naples FL 34112
Al!enda
I. RollCall
2. Adoption of Agenda
RECEIVED
FEB .J ;, 2007
!3oarcl0f(
~./lmlv '..c'o'
- '-' - 'miSSJoners
3. Adoption of Minutes - Regular Meeting December 5,2006; CRA-AS & MSTU Joint Workshop
December 6, 2006; CRA-AB 17 Acre RFP Workshop Deccmber 13, 2006; CRA-AB Transportation
Corridor Study Public Meeting December 14,2006.
4. Executi ve Dircctor:
a. Presentations - Applicants Interviews for Advisory Board Vacancy
b. Correspondence
c. Projcct Updates:
1. LDC Amendments - BCC Approved December 14, 2006
II. Site Improvement Grant Program Update
Ill. Commercial Listings Update
IV. Wachovia Debt Payment Update
5. Old Business:
a Gateway Mini-Triangle Update - Thomas
b. 17 Acre RFP - Jourdan
c. Cultural District Resolution & Ordinance Proposal
6. New Business:
a. Shoreline Improvement Grants Program Proposal - Ogle
b. CRA Office Expansion Proposal
c. CRA Capital Projects & Debt Financing Proposal
d. Marketing Brochures & Materials Proposal
e. Consideration of Payment to A Gail Boorman & Associates
f Land Acquisition Proposal - Residential
g. Haldeman Creek MSTU StatTing Proposal
7. Citizen Comments
Fiala # /
Halas 7~/
Henning--...:
Coyle ~
Coletta,
---- '
8. Adjournment
;..Jotc: All meetings are publidy noticed in the Hannon Turn....."f Building (Administration Building). Please call the BayshorciTriangle oilice at (239)
643-1115 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participat~ in
this proceeding, YOll arc entitled. at no co:<.1 to you, to the provision of certain assistance, Please contact the Collier County Facilities Management
Department located at 3301 Ea<:t Tamiami Trail, Naples, Florida. 34112. (239) 774.83fW; assisted listening devices for the hearing impaired are
available in the County Commissioners' Of1ke
Misc. Corres:
Date:
ltem#:
Copies to,
THE BAYSHORE/GATEWAY TRIANGLE REDEYEL.oPMENT16:) 1
COMMUNITY REDEVELOPMENT AGENCY
B
2740 BAYSHORE DRIVE, l'NIT 17, N-\PLES, FL 34112 PHONE 239.643.1115 F"-x 239.77S.4456
BA YSHORElGA TEWA Y TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF
THE JANUARY 3, 2007 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order
at 6:00 p.m. at the Bayshore Gateway Triangle CRA Board Room, 2740 Bayshore Drive, Unit 17, Naples.
1. Roll Call-Present Advisory Board Members: Bill Neal, Steve Main, Ron Fowle, Lindsey Thomas, Karen
Beatty, Charles Gunther, Rod Garner, Bill Mears arrived at 6:10.
CRA Staff Present: David Jackson, Executive Director; Jean Jourdan, Project Manager; Jon Ogle,
Project Manager.
Collier Countv Staff Present: Ma~orie Student-Stirling, Assistant County Attorney.
2. Adootion of Aoenda: Motion to approve agenda: Mr. Thomas. Second: Mr. Gunther. Approved 7-0.
3. Adootion of Minutes: Motion to approve December 5, 2006 CRA-AB Minutes, December 6, 2006 CRA-
AB & MSTU Joint Workshop Minutes, December 13, 2006 CRA-AB 17 Acre RFP Workshop Minutes,
December 14, 2006 CRA-AB Transportation Corridor Study Public Meeting Minutes, Mr. Thomas.
Second: Mr. Garner. Approved 7-0.
4. Executive Director's Reoort:
a. Presentations: Mr. Jackson stated to the Board that Collier County had advertised the vacant
seat on the Advisory Board and had four people apply. One person, Ms Kennedy was not
eligible because she did not own property or own/operate a business within the CRA boundary.
Two of the three eligible members were present at this time, and the Advisory Board should
conduct interviews and then make a recommendation to the CRA Board. Mr. Jackson introduced
Ms Cloe Waterfield and Mr. William Conrad Willkomm. He said that Mr. Bruce Preble was not
present at the moment and that he did not indicate that he would not attend.
i. Ms Waterfield stated that she is a resident in the CRA area. She spoke to the Board
concerning her credentials and desire to serve the community. There were no questions
from the Board.
ii. Mr. Willkomm stated that he lives just outside lhe CRA boundary but he owns several
properties within the CRA. He spoke to the Board concerning his recent activities in the
area and his desire to serve on the Board. There were no questions from the Board.
iii. Mr. Neal suggested that the Board continue with the agenda items and wait a few
minutes to see if Mr. Preble arrived. Ms Student-Stirling advised the Board to motion to
set aside the topic and later the Board can revisit the interview process. Motion to set
aside the interview process: Mr. Mears. Second: Mr. Garner. Approved 8-0.
iv. Mr. Preble arrived during the Project Updates portion of the agenda. He stated that he
had been stuck in 1-75 traffic due to multiple accidents, The Board gave Mr. Preble the
floor to speak. Mr. Preble stated that he is a resident in the Bayshore area and operates
businesses in Naples. He spoke to the Board concerning his desire to serve on the
Board. There were no questions from the Board.
v. Mr. Neal asked the Board if there were any questions or comments from the Board.
Hearing none, he asked the Board members to select the applicant they desired to
recommend to the CRA Board for selection. The Board handed the sheets to Mr.
Jackson who counted the votes with Ms Student-Stir1ing, Mr. Jackson gave the voting
results to Mr. Neal. Mr. Neal announced that Mr. Bruce Preble received the most votes
and that his name would be forwarded to the CRA Board for review and appointment.
b. Correspondence: Mr. Jackson reviewed letters received from Mr. Larry Ingram, City of Naples
and Naples North Fire District. The Board had no comment and no action was taken.
1611
B
c. Project Updates,
i. Mr. Jackson reviewed the ongoing projects that were detailed in his memo to the Board.
He asked the Board to review the spread sheet that detailed the financial impact of the
Site Improvement Grant program. From the $98,000 in grants, over $600,000 will be
spent on building and property improvements.
ii. Mr. Ogle presented a power point presentation that gave an overview of the commercial
properties for sale in the CRA. Mr. Neal staled that this type of presentation shows how
much affect the CRA is having on the economic revitalization.
5. Old Business:
a. Gateway Mini-Triangle Update. Mr. Thomas briefly reviewed the work completed to date with the
Staff and some of the property owners in the mini-triangle. He stated that the CRA-AB should not
investigate the purchase of property until the CRA's financial debt capacily is reviewed by the
County/CRA Financial Committee which will meet later this month.
b. 17 Acre RFP (Request for Proposals). Ms Jourdan gave a power point presentation that
reviewed the material provided at the December 13, 2006 CRA-AB Workshop. She had updated
the presentation to include the requested information made by Board members. Ms Jourdan
completed the presentation with the following recommendation for the Advisory Board to
approve to be included in the RFP (advertisement to the private sector): (1) Commercial
Component 10,000 to 60,000 SQuare feet - includes a multi-function community facility of 5,000
to 12,000 square feet; (2) Residential Component 20 to 52 dwelling units; and (3) Green Space
Component 30% of total area. Mr. Neal opened the discussion to the Advisory Board members.
i. Mr. Gunther stated he fell a large cullural/art facility was needed and that the RFP scope
should be written that way.
ii. Mr. Mears stated that he agreed with Mr. Gunther and that this site was not appropriate
for commercial. It should be a community center with heavy arts influence.
iii. Ms Beatty stated she fell that there needed to be commercial space that supports the
arts and that people needed to visit, shop, eat and play.
iv. Mr. Fowle stated that the presentation did not show how much space would be taken up
by the required parking, and that he did not want to heavily subsidize the artists.
v. Ms Jourdan reminded the Board lhat in order to build a multi-function facility or
cultural/arts building, which is categorized as commercial space, the whole project must
be "mixed-use" which means commercial, residential and open space.
vi. Mr. Thomas rhetorically asked, "How do we build only a cullural facility and get it to pay
for itself?" He stated that these types of activities do not generate revenues to even pay
for the infrastructure to build and support them.
vii. Mr. Mears stated he thought then the entire 17 acres should be turned into a park.
viii. Mr. Gunther made a motion to allow the people in lhe audience speak. Seconded by Ms
Beatty. Unanimously approved:
. Ms Chellie Doepke spoke in support of the cullural/arts needs in the CRA area
and that the Board should consider satisfying those needs by including the
cullural/art aspect in the RFP.
. Mr. Elmer Wheeler spoke that he fell there should be no more residential and no
more commercial in the Bayshore area. He stated that more green space is
needed. Maybe some arts, but not the whole thing.
. Mr. Conrad Willkomm stated that the CRA is paying $200,000 a year in interest
for the 17 acres, and iflhe parcel remains a park, then the CRA will make
additional payments for infrastructure and maintenance. He said that a
residential component helps the private sector (builders) make the project
feasible.
. Ms Brenda Harrison spoke about the possibility of allerative revenues such as a
private center for the arts.
ix. Mr. Neal asked if there was anyone wanting to make a motion? Mr. Fowle made the
motion to proceed with the RFP as presented this evening for 1) Commercial
Component 10,000 to 60,000 SQuare feet - includes a mulli-function cullural facility of
January 3, 2007 eRA-A8 Minutes
2
5,000 to 12,000 square feet; (2) Residential Component: 20 to 52 d~e~g ~nitl and (S
Green Space Component: 30% of total area. Second: Ms Beatty. Mr. Mears asked if the
motion maker would amend his motion to eliminate the residential component. Mr. Fowle
did not agree. The request died. Mr. Neal called the question. Approved 8-0.
c. Cultural District Resolution & Ordinance. Mr. Jackson stated that in the packets was a partially
completed draft resolution to create a Cultural District. The Assistanl County Attorney desired to
review similar resolutions from other cities and counties that have created such districts and
boundaries. The sample RFP in the packets would be a follow-on to the district's creation for a
consultant to help devise a master plan. Mr. Mears made the motion to accept the proposal and
move forward with the plan. Seconded by Ms Beatty. Approved 8-0.
6. New Business:
a. Shoreline Improvement Grant Program. Mr. Ogle gave an overview of the proposed Shoreline
Improvement Grant to assist property owners with failing seawalls or poorly maintained
shorelines that are contributing sill to the canal and creeks system. Motion to submit the
proposed grant program to the CRA Board: Mr. Mears. Second: Ms Beatty. Mr. Fowle asked why
only 40 properlies would be able to take advantage of the grant. Mr. Main stated that the
Advisory Board can always extend the program in the future if there is a demonstrated need. Mr.
Gunther asked that staff look at the possibility that owners of large tracks of waterfront might
abuse the grant system. Approved 8-0.
b. CRA Office Expansion. Mr. Jackson reviewed the history of how the CRA Office was first
acquired and the need for CRA-AB meetings move to larger spaces because of the attendance
by the public. He discussed the need for a localized meeting room for the public that could also
serve the Bayshore Beautification MSTU, the newly created Haldeman Creek MSTU and any
other community committees or groups. He discussed the financial impact of $10,000 in FY2007,
however the benefits outweigh the cost factor. Motion to approve: Mr. Gunther. Second: Mr.
Main. Approved 8-0.
c. CRA Capital Projects & Debt Financing. Mr. Jackson briefed the Board on capital project
progress since 2005. He pointed out the number of pending projects that will be coming out of
the transportation study and other projects that are pending because of the lack of significant
sums of cash to execute them. Motion to recommend to the CRA Board to proceed with
establishing the maximum available debt capacity structure available to the CRA in taxable bank
loans, tax exempt bonds and/or commercial paper from lhe best source: Mr. Thomas. Second,
Mr Mears. Approved 8-0.
d. Marketing Brochures and Materials. Mr. Jackson asked for CRA-AB support to authorize
expenditures of the budgeted marketing & promotions line item for CRA marketing material to
promote the economic opportunities in the CRA and also as an awareness campaign about the
CRA and the area. Motion to approve: Mr. Thomas. Second: Mr. Garner. Approved 8-0.
e. Consideration of Payment to A. Gail Boonnan & Associates. Mr. Jackson asked for Board
approval to pay Y, of an invoice of $4,380.00. The second half would be paid by the Bayshore
MSTU. Motion to pay Y, of the invoice in the amount of $2,190.00: Mr. Garner. Second, Mr.
Mears. Approved 8-0.
f. Land Acquisilion Residential. Mr. Jackson stated that the CRA Redevelopment Master Plan
details activity in the residential infill area by acquiring blighted sites and improving them with
houses that meet current building codes. The impact is great to the neighborhoods and to the
quality of housing available to the areas residents. He requested the authority to approach
property owners willing to sell and return with purchase contracts for the CRA-AB to review.
Motion to approve: Mr. Mears. Second: Mr. Thomas, Approved 8-0.
g. Haldeman Creek MSTU Staffing Proposal. Mr. Jackson stated that the Board of Commissioners
had just created the Haldeman Creek MSTU for future maintenance and dredging. Also the
Commission had just completed its advertisement for MSTU bOBrd members. He recommended
January 3,2007 CRA-AB Minutes
3
that the CRA-AB authorize the CRA-AB Chairman to sign a letter to the co!m~io! o~ring tS
CRA office and personnel to perform the administrative work required to support the MSTU.
Motion for the Chairman to send a CRA-AB letter: Mr. Thomas. Second: Mr. Mears. Approved
8-0.
7. Citizen Comments: None.
8. Adiournment: The regular meeting was adjoumed at 7:55pm. The next regular meeting of the Advisory
Board is February 6,2007 at 6PM at the CRA Office Board Room, 2740 Bayshore Drive Unit 17.
January 3, 2007 CRA-AB Minutes
4
RECENEO
fEB 0 2 2007
1611
B
t\l commisSIoners
Board of Coun"
rlala ~ /
Halas=-~_~7'~-
Henning .k-:
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'Joy e .,-
Coletta <>. -
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PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING WEDNESDAY, FEBRUARY 14, 2007
NOTICE IS HEREBY GIVEN OF A WORKSHOP OF THE PELICAN BAY
SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962
HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY,
FEBRUARY 14, 2007 AT 2:00 P.M.
1. Roll Call
2. Extraordinary Law Enforcement Services
Pelican Bay Community Awareness Program presented by the
Collier County Sheriff's Office
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO NOT MORE
THAN THREE MINUTES EACH.
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES
DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND
THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. ANY PERSON REQUIRING SPECIAL
ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR
PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT
(239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE
MEETING.
MIsc. Corres,
Date.
Item#,
Copies to.
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
1611
B
NOTICE OF PUBLIC MEETING WEDNESDAY, FEBRUARY 7,2007
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES
DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108 ON WEDNESDAY, FEBRUARY 7. 2007 AT 2:00 PM.
1. RollCall
2. Approval of Minutes of the January 3, 2007 Meeting
3. Approval of Minutes of the January 4, 2007 Workshop
4. Audience Participation
5. Clam Bay Annual Report - Turrell & Associates
6. Chairman's Report
Introduction of new Director, Annette Alvarez, General Manager, Waterside Shops
Director Replacement Review Mary Anne Womble application
Collier County District 2 Commissioner Report
PBSD Board Election Process and Candidate Night
PBSD Workshop - February 14, 2007
7. Committee Reports
Clam Bay Committee
Clam Bay Monitoring and Improvement Schedule
Clam Bay Permit Workshop - January 11, 2007
Clam Bay Seagrass Assessment - Draft Scope of Work and Proposed Budget
January 30, 2007 Meeting Update
Update on Osprey Nest Platform
Options on increasing membership of the Clam Bay Committee
Budget Committee
Next Budget Committee Meeting - February 21,2007 - 3:00 PM
Capital Spending Budget 2008
Reallocation of existing funds - $438k East of Berm
Refurbish Traffic Signs
lake Bank Erosion
Cul-de-sacs
Entrances to Pelican Bay
Government Relations
8. Administrator's Report
Capital Projeets
Irrigation and Landscape Improvements Phase V
Irrigation and Landscape Improvements Phase VI
Community Issues
Sidewalk Repairs
Hurricane Wilma Storm Damage
Hurricane Charley Storm Damage
9. Committee Requests
10. Audience Comments
11 . Adjourn
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO NOT MORE THAN THREE MINUTES
EACH.
ADDITIONAllY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE WilL NEED A RECORD OF THE PROCEEDINGS
AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL
ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT
SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT lEAST FIVE CALENDAR DAYS
PRIOR TO THE MEETING.
16/1 B
PELICAN BAY SERVICES DIVISION BOARD MEETING
January 3, 2007
Naples, Florida
LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular
Session on this date, January 3, 2007 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock
Oak Drive, Naples, Florida 34108 with the following members present
Mr. James Burke, Chairman
Mr. Christopher Sutphin, Vice Chairman (Absent)
Mr. John Domenie, Vice Chairman
Mr. Donald Spanier, Vice Chairman (Late arrival)
Mr. John Boland
Mr. David Bramson
Mr. Coleman Connell
Mr. John laizzo
Mr. David Nordhoff
Mr. Edward Staros
ALSO PRESENT, Five (5) Pelican Bay residents; Mr. Tim Hall, Turrell & Associates; Pelican Bay
Services Division; Ms. Heidi Ashton, Collier County Attorney's office; Mr. Gary McAlpin, Collier
County Project Manager of Coastal Projects; Mr. Jim Hoppensteadt, President, Pelican Bay
Foundation; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle
Lukasz, Field Operations Manager, Pelican Bay Services Division; Ms. Jean Smith, Operations
Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary
AGENDA
1. RollCall
2. Approval of Minutes of the December 6, 2006 Meeting
3. Audience Participation
4. Chairman's Report
Collier County District 2 Commissioner Report
Pelican Bay Community Awareness Task Force
Commercial Member Board Vacancy - Update
The Club at Pelican Bay - Joint Venture Update
PBSD Workshop
5. Committee Reports
Clam Bay Committee
Clam Bay Monitoring and Improvement Schedule
Update on Renewal of the Clam Bay Restoration and Management Plan
Permit - Turrell & Associates
Update on Osprey Nest Platform
Clam Pass Dredging
Report on the December 14th Meeting of the CAC
Report on the December 14th Meeting with Mr. McAlphin & others
Options on increasing membership of the Clam Bay Committee
Budget Committee
Internal Aud it
Government Relations
6. Administrator's Report
Red Flag/Green Flag
Capital Projeets
Irrigation and Landscape Improvements Phase V
Community Issues
Sidewalk Repairs
Oakmont Lake Bank Sidewalk and Irrigation Improvements
Hurricane Wilma Storm Damage
Hurricane Charley Storm Damage
7. Committee Requests
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January 3, 2007
8. Audience Comments
9. Adjourn
ROLL CALL
Mr. Burke called the meeting to order and asked that the Record reflect all members
present with the exception of Mr. Chris Sutphin with an excused absence and Mr. Donald Spanier
with a late arrival.
APPROVAL OF MINUTES OF THE DECEMBER 6,2006 BOARD MEETING
Mr. Nordhoff moved, seconded by Mr. Domenle and
approved unanimously, the Minutes of the Deeember 6, 2006
meeting.
---- ~------- --- ----
AUDIENCE PARTICIPATION
Dr. Buser asked, "Is this the last time that an audience member will be able to speak at
this meeting"?
Mr. Burke replied, "Yes". I'm sorry; there is a place at the end of the meeting where
members of the audience can speak. In both sessions, audience discussion wili be limited to
three minutes.
Dr. Buser stated, "I will wait until the end of the meeting".
Mr. Boland stated. "I received your email and I have a question of legal counsel". Last
year Mr. Carroll was the Chairman of our Board and he had a secret meeting on his agenda. I
went through the ex parte rules and if you are going to have a meeting on anything that is to be
discussed before this Board, you must disclose the content and also the people who attend that
meeting. My question is, and I don't know if this is a violation or not, but Mr. Burke, you had
mentioned in your email that you had discussed issues with your political advisors, so if you are
going to discuss issues, isn't that the same thing that Mr. Carroll was reprimanded for that he
could not do unless he disclosed the names of the members who attended the meeting and also
the content of the discussion. I believe this is the same scenario and I would like a clarification
on that issue.
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Mr. Burke stated, "What Mr. Boland is referring to, is that over the past two years 1 have
had individuals that I speak to concerning various issues going on within Pelican Bay and
elsewhere, none of which are involved in anything for the Pelican Bay Services Division or any
other governmental body".
Ms. Ashton stated, "I can provide a recommendation to you as to how you conduct
yourself'. Whenever there is going to be a discussion between two members of this Board it has
to be advertised as a public meeting. If you are just talking to someone on the phone who is not
a member of this Board, it appears to me that there is no Sunshine Law issue. What you may be
thinking of is the way in which the Board of County Commissioners conducts themselves when
they have a land use matter, which is considered a quasi-judicial hearing, and in those matters
the Board does disclose who they have had discussions with.
CHAIRMAN'S REPORT
COLLIER COUNTY DISTRICT 2 COMMISISONER REPORT
THE CLUB AT PELICAN BAY - JOINT VENTURE UPDATE
Mr. Burke stated, "I am going to combine the Collier County District 2 Commissioner
Report with the Club at Pelican Bay item". Some recent accomplishments that have taken place
are evidence of the combined weight of the contacts we have been making within County
government, both elected officials and staff. Those were all initiated by Mr. Carroll a few years
ago and they resulted in the Pelican Bay Services Division being in a favorable position to bring
Pelican Bay issues in front of the proper people, in a non-contentious, "what can we get done",
manner.
Mr. Burke continued, "The Club at Pelican Bay project is a great example". A few months
ago a column appeared in The Club's monthly newsletter regarding problems they were having
with irrigation water and working with the County to get some extra water during the dry season.
That newsletter aroused the curiosity of our Vice Chair of Government Relations, Mr. Spanier.
Mr. Spanier asked questions of people at The Club, Mr. Lukasz and Club Board Members and
concluded that there was still some wiggle room for discussion, even though The Club had been
told they could not get what they wanted. That led to a series of discussions with the County
Commissioner and County Management and the result was a very quiet, discreet and satisfactory
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resolution. The Club is feeling very good about what was achieved. This continues to point out
what can be achieved in talking to the right people and in the right tone.
PELICAN BAY COMMUNITY AWARENESS TASK FORCE
Mr. Burke stated, "The Pelican Bay Community Awareness Program was presented to
the Pelican Bay Men's Coffee on December 19th and, as always, the feedback was excellent".
The questions were good and it was very helpful. The next step is that the program will be
presented to the President's Council at their January Meeting.
COMMERCIAL MEMBER BOARD VACANCY
Mr. Burke stated, "Annette Alvarez, General Manager of the Waterside Shops, was
recommended by this Board for appointment to our commercial vacancy and the paperwork has
gone to the Collier County Commissioners". I have not heard the date that it is to appear on the
BCC Agenda, but it was anticipated to be at their January 9th meeting.
Mr. Spanier stated, "I believe that the way the Notice came out of the Clerk's office, it
stated that January 9th was the closing date for submission of applications".
Mr. Burke replied, "No, that is the deadline for applications for members whose terms
expire in March".
Mr. Spanier stated, "I am sure that is for the commercial vacancy also".
Mr. Burke replied, "No, January 8th is the deadline for applications for members of our
Board whose terms expire in March and January 9th is the next Board of County Commissioner's
Meeting".
PBSD WORKSHOP
Mr. Burke stated, "The Pelican Bay Services Division is an Ordinance driven State and
County legislative governmental body". The Ordinance that we operate under has been
amended at least twice during my term in office, maybe more often". As such, it spells out
specific areas of responsibility that this Board and Division has. We need to understand what
those are and how we fit together. We have to meet as a Board, and individuals, to share a
vision of what this Board and Division not only contributes to the fabric of Pelican Bay, but what it
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can contribute in the future. I thought it would be a good idea to have this Workshop and have
some follow-up Workshops for us to begin discussing what it is that we are and what we can be.
Mr. Burke stated, "The Pelican Bay Property Owner's Association is having a reception
on January 22, 2007 and they have asked for RSVP's from those who choose to attend".
strongly recommend that everybody RSVP and attend this reception. The Foundation Board and
Pelican Bay Property Owner's Boards will be in attendance. There are four or five of us that have
already responded. It is from 6:00 PM to 8:00 PM. Stop in and have a drink and meet
everybody; you don't have to stay.
Mr. Bramson stated, "Spouses have also been invited".
COMMITTEE REPORTS
CLAM BAY COMMmEE
CLAM BAY MONITORING AND IMPROVEMENT SCHEDULE
Mr. Domenie stated, "You have received the Clam Bay Monitoring and Improvement
Schedule and there is nothing new in the report".
CLAM BAY ANNUAL REPORT
Mr. Hall stated, "We are in the same place as we were during our last meeting". We
have collected all of the biological information and that part of the Annual Report is finished. I am
still waiting on the hydrographic information from the engineers. There were some survey issues
with some of the data collections, but I have been told that their portion should be to me by next
week. My plan right now is to provide the report at your February Meeting.
UPDATE ON RENEWAL OF THE CLAM BAY RESTORATION AND MANAGEMENT PLAN
PERMIT - TURRELL & ASSOCIATES
Mr. Hall stated, "The Clam Bay Renewal Plan will be presented for review and discussion
at your February Meeting". This is a review of what we would like to see done in the system over
the next ten years".
Mr. Domenie asked, "Will you notify us ahead of time so that we can schedule the
meeting to start at 2:00 P.M."?
Mr. Hall replied, "Absolutely". I will notify Mrs. Smith and Mr. Lukasz.
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Mr. Spanier asked, "With respect to your first draft of the Ten Year Plan, are you
presenting it in a fashion where you would highlight the changes, additions and/or deletions, so
that we can focus on what we don't know, rather than what we do know"?
Mr. Hall replied, "I had not thought of that, but if it will make things easier I can provide an
Executive Summary".
Mr. Spanier replied, "That is not what I am asking for".
Mr. Hall replied, "I would go through the items and show what has been added and what
has been deleted because it has already been accomplished and does not need to be done
again, or because we don't think it is a necessary part of the long term management". I can
outline those in a summary that would go with the report.
Mr. Spanier replied, "I think that is good, but I would still like you to be responsive and
supportive to my request". When we review legislation, whether it is a piece of State legislation or
something at the County level, the manner in which the staff presents it does not give us an
Executive Summary of what they want us to hear, but to do the write up and presentation so that
provision-by-provision we can immediately see what has no changes and, provision-by-provision,
what has been modified, deleted or presented. I have found that Executive Summaries are not
really summaries that are meant for executives, but for people who make up the plan to
merchandise what it is they are doing. I would like to make that request on my behalf, for the
Board to back it or overturn it if they desire.
Mr. Hall stated, "We have modified the presentation on the Management Plan and have
worked on it quite a bit". I believe that I could create a document that does what you are asking.
Mr. Spanier replied, "Good". How many days are we going to get before we have to
approve the action? I don't want to give it a one shot review.
Mr. Hall replied, "The material should be available two weeks prior to the presentation".
You will have time to review it and ask questions at the presentation. We have time to make
modifications that may come about and at the following meeting we can have another draft ready
for review.
Mr. Domenie asked, "Who is the hydrographic engineer?
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Mr. Hall replied, "Humiston & Moore". I was told that I would have their information next
week. I don't have to make a lot of changes; I just have to incorporate their information into the
Report.
Mr. Spanier asked, "Will this be the ninth or tenth Report"?
Mr. Hall replied, "This will be the eighth Report".
Mr. Spanier asked, "Will there be two more Reports before the permit expires"?
Mr. Hall replied, "That is correct".
UPDATE ON THE OSPREY PLATFORM
Mr. Hall stated, "The Department of Environmental Protection asked for some additional
information". They wanted some longitude and latitude coordinates and photographs of the
proposed location of the pole, which we have provided to them. We are waiting to hear back from
them. There is still a question of coordination with the County Environmental Services staff, as to
whether or not that portion of the County will approve or allow us to do it. There is some
coordination that will have to occur, but we are proceeding forward.
Mr. Domenie asked, "What is the location that you are presently looking at"?
Mr. Hall replied, "Between the existing nest and the south beach facility".
Mr. Domenie asked, "Isn't that too close"?
Mr. Hall replied, "No, it has been measured off and is approximately 1,200 feet".
CLAM PASS DREDGING
REPORT ON THE DECEMBER 14TH MEETING OF THE CAC
REPORT ON THE DECEMBER 14'" MEETING WITH MR. MeALPIN & OTHERS
Mr Domenie stated, "I will get into the Clam Pass Dredging, together with the report on
the December 14"' Meetings". If you have read the Clam Bay Committee Minutes from last
month, I quoted extensively from our consultants regarding subjects such as sea grasses,
turbidity, etc. Today, I am going to take a while to provide this Board with the necessary
information about activities that may have serious repercussions to all of our residents in the
future. These are not matters of interest only to the Clam Bay Committee, but for this entire
Board to decide.
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Mr. Domenie continued, "On December 14th I attended two meetings". The first was the
Coastal Advisory Committee Meeting, in which it was stated that the Clam Pass dredging should
start in January, with the sand being placed on the beaches to the south. First, a small deep cut
will be made through the ebb-shoal so that the dredge can start its work further in. Upon
completion of the dredging, warning signs will be posted by the County for swimmers on both
sides of the pass stating, "Caution - boat traffic in pass area". We have posted signs which read,
"Warning" (then a swimmer symbol) and "Strong Current" (under the picture of a swimmer).
However, I see two disturbing trends which may overtake us if we are not alert.
First, due to certain re-organizations within the County bureaucracy, the Coastal Advisory
Committee may not only be addressing beach re-nourishment and pass management, but their
advisory powers may possibly also include the entire waterway served by the inlet, which may
mean that they might want to have a say about dredging further inside the pass, and perhaps get
involved with navigational aids, etc. Will they try to influence the creek leading north to Inner and
Upper Clam Bays? Perhaps we should alert Commissioner Halas about this possible trend.
Secondly, the Coastal Advisory Committee may want to include, in any renewal of our
Ten-Year Plan, our responsibility relating to the ebb shoal, I.e., removing it, and have Pelican Bay
residents be responsible for paying to have it removed. For those who are not familiar with the
ebb shoal, it is the crescent of shallow water just outside the pass, used by shell seekers,
fishermen and waders. More importantly, the shoal protects the pass and the beaches during
storms.
The next meeting of the Coastal Advisory Committee is January 11th at 1 :00 P.M. in the
Board of County Commissioners' Chambers. More of us should attend these meetings in order to
be kept well informed.
Mr. Domenie continued, "The second meeting started at about 2:45 P.M. and would last
over 90 minutes". Those who attended the meeting were Mr. Gary McAlpin; Mr. John Domenie;
Mr. Kyle Lukasz; Mr. Murdo Smith, Collier County Parks and Recreation and Dr. David Buser. I
do not know who instigated this meeting, but certainly it was not held at our request. The meeting
covered three items, including sea grasses, the bridge, and the aids to navigation.
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Mr. McAlpin indicated that he had been referred to Ms. Sheryl I Miller of the DEP, who is a
sea grass expert, who in turn provided Mr. McAlpin with the names of five companies or
individuals who were qualified to make a sea grass study of Outer Clam Bay. Mr. McAlpin stated
that the County would pay for the study, which should involve a survey of the present locations of
the sea grasses; historicai information; effects of tides/winds; flap-gates; turbidity; etc. Mr.
McAlpin will provide us with the background on the five names and we will meet in January to
select one. Based on the timing, I do not foresee that a result of any study will be in our hands
until summer. Dr. Buser suggested the name of a governmental entity, but Mr. McAlpin stated
that he wanted everything at arms length and rejected Dr. Buser's candidate. Later on, I will
make a further comment on this issue, as plans have been altered.
Mr. Domenie stated, "Then the subject of the bridge came up, which has nothing to do
with us". It was indicated that mangroves were interfering with the opening of the bridge and Mr
Lukasz stated that he would look into it and get the necessary approvals. Thus, we were
surprised when Mr. Smith stated that he had already cut the mangroves - doesn't the County
need approval to do such trimming?
Mr. Domenie asked, "Can the County just come in a trim the mangroves"?
Mr. Lukasz stated, "We usually call DEP prior to any trimming as a precautionary
measure to keep them abreast of anything that we are doing".
Mr. Domenie stated, "They have to get DEP permission".
Mr. Petty stated, "Typically when you have structures such as the boardwalk and the
bridge, or get a permit to operate within this mangrove area, it includes the necessary
maintenance trimming". We have that along our spreader canal, which is just west of the berm,
and we can trim those mangroves as needed. I am sure the County had a permit to do so when
they built that bridge.
Mr. Domenie stated, "A lot of time was aiso spent on the burying of the
electrical/telephone cables, but this is a County problem, which might take some time to be
resoived". We have no responsibility or role in this matter.
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We then had extensive discussions regarding the exact placement, size, height, location,
etc of the aids to navigation. Here, apparently the Fish & Wildlife Division (Ms. Tara Alfred) and
the Coast Guard may not be in agreement Dr. Buser did not approve of the location of one or
more of our signs. For instance, the Ten-Year Plan states that one of the "speed limit tilt motor"
signs should be located at the "entrance to Inner Clam Bay". Dr. Buser feels that the sign should
be located at the south end of Inner Clam Bay, whereas, we have interpreted it as being located
at the start of the creek leading to Inner Clam Bay. Mr. Lukasz is to meet with Fish and Wildlife
to resolve this problem.
Mr. Domenie asked, "Mr. Lukasz has that been done"?
Mr. Lukasz replied, "We are in contact".
Mr. Domenie continued, "I have sent an e-mail to Ms. Tara Alfred stating that whatever
the USCG and Fish and Wildlife agree upon is okay, as long as it complies with the Ten-Year
Plan requirements. Dr. Buser is also not satisfied with the present channel in Outer Clam Bay,
and as a result, the County, will hire (I believe Humiston & Moore).
Mr. Domenie asked, "Mr. McAlpin is that correct"?
Mr. McAlpin asked, "Do you want me to respond"?
Mr. Domenie asked, "Is it Humiston & Moore or not"?
Mr. McAlpin asked, "For what"?
Mr. Domenie replied, "To take transects of Outer Clam Bay".
Mr. McAlpin replied, "That will be done while we take the transects for the Clam Pass
dredging" .
Mr. Domenie asked, "Is that being done by Humiston & Moore"?
Mr. McAlpin replied, "It will be done by Humiston & Moore".
Mr. Domenie continued, "To take transects of Outer Clam Bay to see where the deepest
waters are". Dr. Buser may not be satisfied with this, as he feels that some of the deep water,
south of the bridge, is also the home to sea grasses. Dr. Buser would like to see a cut through
the flood shoal into Outer Clam Bay. The next day I sent an e-mail to Mr. McAlpin thanking him
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for finding solutions to the bridge, the sea grasses, and working on the aids to navigation. I also
stated that I prefer not to continue meeting with Dr. Buser who talks incessantly, and repeatedly:
A - Accused me of writing libelous articles in the Pelican Bay Post.
B. - Has stated repeatedly that we are in violation of the Ten-Year Plan and has an
attorney resident in Seagate, who incidentally was voted Attorney of The Year for Collier County,
according to Dr. Buser, looking at the violations.
I consider these two statements as threats to me personally; against the Pelican Bay
Services Division and against all residents of Pelican Bay.
C. - Dr. Buser also does not want us to do any work on the renewal of the Ten-Year Plan
without his input and/or approval.
0.- Dr. Buser has written letters to the United States Army Corps of Engineers citing our
failure to comply with the Ten-Year Plan (incidentally, neither Mr. McAlpin, nor we, have ever
seen these letters). I would like Mr. McAlpin to obtain copies of these letters. If this is not
possible, I would like our Commissioner to contact the United States Army Corps of Engineers
directly, to obtain copies of these letters.
E. - Dr. Buser wants only kayaks, canoes, and shallow draft boats with electric motors out
the channel, with which we are in total agreement, but that all boats with "internal combustion"
engines can operate within the channel. Dr. Buser does not agree with my interpretation of "tilt
engines".
F. - Dr. Buser wants too keep "unauthorized" people from using the pass, Seagate
residents would obtain permits allowing only them to use the pass. What about Pelican Bay
residents, or others, after claiming that Clam Pass is an International Waterway?
Mr. Domenie stated, "In my opinion, we should not meet with Dr. Buser again, and that
he should go through the proper authorities in the city when dealing with a County organization".
After all, to my knowledge, the City was part of the Ten-Year Plan and not Dr. Buser. I need your
guidance on this. Should we continue to meet with someone who threatens us?
Mr. Domenie continued, "On December 22"., I received an email from Mr. McAlpin
informing me of a meeting with representatives of the County, the City and Dr. Buser on January
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11'h to meet with a sea grass expert for a "talk" and that channel and pass markings will also be
discussed". I responded, is he (meaning the sea grass expert) merely going to talk to us? Is he
one of the people you are considering as one of the five who will do the study? If he is one of the
five, he should not talk to anyone of us, so as not to be influenced in any direction. Is he also
going to talk about aids to navigation? That question is being resolved and is off the table at the
present time. I concluded by saying, "I can not confirm the date as I am going to seek guidance
from the Pelican Bay Services Division Board." I would like to hear the Board's opinion and
guidance on these matters.
Mr. Domenie stated, "In summary, I am concerned about certain trends which are
developing in the 540 acre Clam Bay, County owned, estuary". The recent re-organization within
the County has put Mr. McAlpin in charge, with a greater responsibility. It is possible that the
CAC, under the new reorganization, may also be responsible for interior waterways. Both the
CAC and the Seagate community want to have a say in the renewal process of the Ten-Year
Plan. The Clam Bay estuary is unique and entirely different from any of the other passes over
which the CAC has a say.
a. - There are no commercial docks within the Clam Bay estuary.
b. - Within Pelican Bay, there is only one small dock for seven canoes, and the launching
site, which is owned by the Foundation, with public access to launch canoes and kayaks
c. - Probably less than 2% of the estuary lies within the Naples city limits, yet individuals
are trying to dictate how we should manage the estuary.
d. - There are no private residences, condos, or commercial properties within Pelican Bay
with access to the waterway, nor do any of them have boat docks or boat lifts.
e. - Again, this is County property, over which the County Commissioners should have
their say, not Dr. Buser.
f. - Contrary to other passes, there is no access for deep draft boats.
Mr. McAlpin is in a very difficult position. He has been charged by the Commissioners,
the County Manager and the Assistant County Manager to "clean this up", to avoid legal
complications. Yet, I have yet to see a single document, which states specifically what we have
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done wrong. The bridge is the County's responsibility; the aids to navigation are being debated
between the County, the Fish & Wildlife and the USCG. The sea grasses, what proof, if any at
all, exists about their demise?
Mr. Domenie continued, "My recommendation to this Board is that as we are responsible
for the health of the estuary, that all meetings be held right here in Pelican Bay, with proper
notices, and proper recording of the proceedings". That, in cooperation with Mr. McAlpin, we will
invite people he may deem interested in providing input. Please let me have your comments on
all of the above.
Mr. Domenie asked, "How should we look at this"?
Mr. Spanier replied, "I think as a matter of reasonable prudence, it would be very
important at this point to know what Mr. McAlpin believes has been mandated in some legal form
and what his responsibilities now become". Mr. McAlpin, I am not even certain what your title is,
whether you are part of the rapidly disappearing and dissolving Natural Resources Division, etc.
Before I could possibly vote on any of these issues, I think it would be very important for me to
understand clearly, based on memorandums from whoever your boss is, if you are part of the
County Manager's Department, or the Board of County Commissioners, as to what your function,
purpose and mandates are. Can you do that at this meeting or would you like to do it at a
subsequent meeting? How should we handle this?
Mr. McAlpin replied, "I can do it at this meeting".
Mr. Spanier replied, "You will be giving us your impressions from various conversations
that we were not a party to, unless you can arrange for some clarification of where the source of
authority is". When should we schedule that?
Mr. McAlpin replied, "I can do that right now".
Mr. Spanier replied, "Fine". Is there an Ordinance or Memorandum from the County
Manager"?
Mr. McAlpin stated, "My Name is Gary McAlpin, I am the Coastal Projects Manager for
Collier County". Before we get started, , would like to wish the Board a Happy New Year and I
hope it is a fruitful year for everybody and healthy and prosperous for all of us. I have been
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charged by the County Manager, the Assistant County Manager and the Chairman for the Board
of County Commissioners to look into this matter and to resolve the three issues that have been
brought to our attention, where we are not in compliance with the permits. Mr. Burke has sat
through a number of meetings with me, where he can verify that the direction has been given to
me by the Chairman of the County Commission, the County Manager and the Assistant County
Manager. As far as my credibility, there should be no question about that.
Mr. Spanier asked, "What matters are you looking into"?
Mr. McAlpin replied, "The three issues that have been brought to our attention and have
been identified that we are in violation of in the permits".
Mr. Spanier asked, "We" is us, is that right"?
Mr. McAlpin replied, "We", is the County, because these are County permits". The first
issue is the bridge, which you have no issue over. The issue with the bridge is two-fold. One is
the telephone line, which prevents access and the second issue is the notifications. Those have
been resolved with the US Coast Guard and are in the process of being worked at this point. The
second issue, and the issue that has been addressed, is the aid to navigation. It has been
identified that it is the County's responsibility to mark the channel. The County will mark the
channel and will identify the aids to navigation that are approved by the US Coast Guard and the
US Fish and Wildlife. We will have all of the appropriate approvals. We will be exactly as
required by those approvals, nothing more; nothing less. We are not dealing with navigation; we
are marking channels, which we are required to do with regard to the permit. We are in the
process of working that issue right now. There are issues in terms of size and location that are
yet to be resolved. We want to work it as a team involving input from your Board, Seagate and
more importantly, getting our regulatory agencies involved. That is our plan; it has not been
completed at this point in time, but we are in the process of working that as we speak.
Mr. laizzo asked, "Did you say the County would take care of the aids to navigation"?
Mr. McAlpin replied, "No, I said we would identify and resolve the aids to navigation that
are part of the Ten-Year Plan for Clam Bay".
Mr. laizzo stated, "My question was, who in the County will take care of thaf'?
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Mr. McAlpin replied, "Me". I will have the ultimate responsibility and authority to deal with
that. We may have others involved, but it is my responsibility.
Mr. laizzo asked, "How do you go about getting the pilings in and identifying the aids to
navigation"?
Mr. McAlpin replied, "We will identify what is required; what is permittable, get it
permitted and then we will do whatever we have to do to get those located at the proper location".
There are two issues with this. One is the marking of the channel and the other is the marking of
the pass. It is clear in the permit how a pass has to be marked and there is a lot of interpretation
on what is right and what is wrong. What we wanted to do was to get all of the appropriate
parties together to talk this through and mark the pass in one way that would satisfy all who
needs to do that, which has not happened. That is why we try to have these meetings where it
has been inclusive of the different organizations and people who have differences of opinions, so
that they can get resolved.
Mr. Spanier stated, "There is an aspect of this that seems to have been completely
eluded by this investigation", Having read the permit, application and the documents going all the
way back to the beginning of time, I find a very clear fact of rhetoric that establishes how Clam
Bay is not a navigable waterway, notwithstanding Dr. Buser's opinion, etc. It "ain't" so and that is
very clear.
Mr. McAlpin replied, "With all due respect, the US Coast Guard and US Army Corps of
Engineers have identified that as a navigable waterway and we will comply with our regulatory
agencies" .
Mr. Spanier replied, "I don't believe they ever discussed with us the possibility of
changing or establishing that designation, having an impact on our $5,000,000-$6,000,000
investment in the restoration of the mangroves". That is the core of this entire issue.
Mr. McAlpin replied, "At this point in time, our permits require us to mark the channel".
We will mark the channel; we will mark the pass, as per our permit.
Mr. Spanier asked, "Can you tell me where I can look back into my copy and find that
requirement" .
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Mr. McAlpin replied, "It is in the permit, which is part of the Ten-Year Plan". Allow me to
finish and we can come back to that. You asked about what the issues were. I have identified
two of the three issues and the third issue is the sea grass. There has been, and I believe if you
look at the history, a die off of the sea grasses. Depending upon who you ask or who you talk to,
the numbers will vary, but I believe that there is no doubt that the sea grasses have died off.
Before we get into a situation where DEP or other regulatory agencies come in and require us to
do something that will tie our hands, we want to be proactive and identify what has caused the
sea grass to die off and to come up with a potential shopping list of items that we can do to make
it better. To do this, we have a lot of consultants in the County that have been involved in this
issue. What we are going to do is secure an independent third party that is a recognized sea
grass expert, that has experience in estuary mitigation and rebuilds, with a proven track record
and no experience inside of Collier County. That way this will be completely unbiased. We have
tried to identify five individuals. I say five, but I pulled that number out of the air. In our research,
there are just not five people out there. We have identified, through a number of cross-
references, one firm, PBS&J, that has two experts who will work together with us. I have invited
Mr. Domenie, as well as Dr. Buser and other interested parties, to come and listen to their
credentials and have a discussion on January 11th That is where we stand at this point in time.
We will have that meeting. We will have the meeting with the sea grass people and as a result of
that meeting and as a result of a consensus, or no consensus, we will bring back to the Chairman
of the County Commission, the County Manager, the Assistant County Manager and Mr. Burke,
some plan and an update that addresses all three of these items. That has been our charge and
is where we stand at this point in time. The County is being proactive to head off a potential issue
that could be very damaging, from the hierarchy, as to what we have to do in the future. We are
more concemed about sea grass that anything else. That is the issue; that is what I am charged
to do and I can answer any Questions you may have.
Mr. Domenie asked, "Who has brought these issues to your attention and what proof do
they have that these are issues"? Do you have any evidence that the sea grasses have declined
over the last five years?
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Mr. McAlpin replied, "The City of Naples and Seagate have brought the issues to our
attention". I have looked into these issues and have fully convinced myself that the issues that
they are raising are correct. There has been dialog of getting in front of this issue as opposed to
getting behind it.
Mr. Burke stated, "The other part of the issue is that sea grass is leaving Collier County".
Most of the sea grass left in Collier County is south of Marco Island.
Mr. Hall stated, "It depends upon what type of sea grass you are talking about". We have
three different varieties here.
Mr. Burke stated, "The Manatee Sea Grass has disappeared".
Mr. McAlpin stated, "This is not an issue that we can debate and is an issue that we have
to address at this point in time".
Mr. Burke stated, "We are going to be looking at the sea grass in Outer Clam Bay".
Mr. McAlpin replied, "That is all we are going to be looking at"
Mr. Burke stated, "Our Annual Reports have been kind of neutral on sea grass". We are
not required to highlight the sea grass issue.
Mr. McAlpin replied, "The Annual Report identifies areas of sea grass quantities and they
leave it at that; that is correct".
Mr. Domenie asked, "Will you come here for the January 11th meeting and record
everything that is being said by anybody"?
Mr. McAlpin asked, "To address your concerns, did I hear you say that you wanted to
have the meetings noticed and recorded"? I have no issue with that and if that will make
members of this Board feel better, that is fine and I will be happy to do that. It will slow the
process down a little because we have to Notice the meeting, but I will be happy to do that. I
have always said that we have a couple of communities here, with Pelican Bay and Seagate, and
I would prefer to have the meetings at a neutral site. The last meeting was held at a County
building and I would like to continue to have them at a County building. The other thing that is
important to me is that although the meeting is Noticed, I would like to keep it to a working
meeting. I have no problem with you bringing yourself and one or two other individuals from
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Pelican Bay, but I am not interested in having five, ten or fifty people from Pelican Bay attend,
because it becomes unwieldy at that point in time.
If we have meetings and make
recommendations, then you can use that as the vehicle to bring back to your Clam Bay
Committee and this Board for discussion. I would be happy to attend both meetings and address
any issues you may have. I want to keep these meetings as working meetings and would prefer
to have them at a County building; to keep it as a working group.
Mr. Domenie stated, "I still feel that the people of Pelican Bay should be able to attend
these meetings and that is why the Pelican Bay Services Division exists".
Mr. McAlpin replied, "I totally respect that". I believe that the vehicle for the people to
voice their opinions, or to give their input, is at your Committee Meetings. From this meeting you
can bring back an update of where you stand. That is my approach to make this thing happen
and that is what I would look to do.
Mr. Domenie asked, "Have you been able to receive the letters that have been written by
Seagate to the United Stated Army Corps of Engineers"?
Mr. McAlpin replied, "I have not received any letters".
Mr. Domenie asked, "Have you asked for them"?
Mr. McAlpin replied, "I have not asked for them".
Mr. Domenie stated, "I asked you to do that on December 19'"".
Mr. McAlpin replied, "Mr. Domenie, you did". Whether or not there is a letter to the Army
Corps of Engineers, in my mind, there is no question that the County is in violation of certain
permit provisions. If the County is in violation of certain permit provisions, I will get that resolved.
Whether I have a letter to the Army Corps of Engineers or not, doesn't matter. If the County is in
violation of any provisions of the permit, we will resolve that
Mr. Domenie asked, "How do you know which provisions we are in violation of?
Mr. McAlpin replied, "The three items have been brought to our attention and those are
the only three that I am addressing".
Mr. Burke stated, "You were asked to take on the bridge and the signage by the Parks
and Recreation Departmenf. The sea grass came in a little later.
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Mr. McAlpin replied, "The sea grass issue has always been there, it is just a question that
it has been raised to another level". There are three items at this point.
Mr. Burke asked, "Why don't you have the first meeting here"?
Mr. McAlpin replied, "I have no problems in having the first meeting here if it works for
everybody and please respect my wish to have this as a working session".
Mr. Petty stated, "You possibly have an organizational issue here". If you want to send a
person from this Board to a working group to direct or decide on options at the group, I would
suggest that you do so, with a Motion and second, and appoint such a member so that they can
act for this body in making those optional decisions. Otherwise, their responsibilities would be to
bring anything back to the Committee for discussion and recommendation to the Board.
Mr. Burke stated, "It would obviously be Mr. Domenie".
Mr. Domenie stated, "I prefer not to be the person designated, I would prefer not to be
attacked again". Unless Dr. Buser refrains from attacking me personally, I will accept, but if he
starts, I will walk out of that meeting.
Mr Nordhoff moved that Mr. Domenie attend this and other meetings stated
Ms. Ashton stated, "The motion is unclear as to whether Mr. Domenie is being sent for
fact finding to report back to this Board or whether you want to delegate the authority for him to
participate in any discussion on behalf of the Pelican Bay Services Division Board".
Mr. McAlpin stated, "One solution to this and I understand your position, I have worked
hard so that we deal with fact and do not have to deal with personal attacks". Maybe the Motion
can be structured so that we have a representative of the County Attorney's Office in attendance.
We certainly do not want a situation where somebody is being attacked or intimidated. I have no
problem with us doing that and may be a way that we diffuse this issue.
Mr. Burke stated, "If Minutes are going to be recorded, then your building will be perfectly
fine".
Mr. McAlpin replied, "I have no problem with recorded Minutes, whether it is here or
there, but at a location where they can be recorded".
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Mr. Petty stated, "If these are going to be open public meetings, I don't know that we can
control the number of people from Pelican Bay that may attend". I don't know if you want this to
be a Workshop, which is information gathering, and you would not have to authorize a member of
this Committee to make decisions. If it is staff meeting where they are going through various
options and you would like to delegate the authority through the Board to Mr. Domenie, then that
is something that you ought to consider in a Motion today. There are three things that we are
talking about and they are all dissimilar. If it is a public meeting we don't need to do this. If it is a
staff meeting where you are going through options and discussions with other entities and our
neighbors about situations and you want to give the ability to make these nuance decisions, then
we would need a Motion, second and approval to send Mr. Domenie to the meeting to make
those decisions for this body.
Mr. Domenie asked, "If this is a properly Noticed meeting and Minutes are taken, can
more than one person from this Board attend"?
Mr. Petty replied, "To a public meeting, anyone from the public is welcome".
Ms. Ashton stated, "It would also have to be noticed as a Pelican Bay Services Division
Meeting if two or more of your members are going to be involved". By making comments you can
be interacting with each other, which creates another meeting.
Mr. Nordhoff stated, "Mr. McAlpin is structuring the meeting".
Mr. McAlpin stated, "I will Notice the meeting so that should be a non-issue". That
should satisfy the intent. 1 think that the ultimate mind intent was to bring the decisions back to
the Chairman of the County Commission, Mr. Mudd, Mr. Ochs and you. I would look at these
meetings to be debate and discussion. Ultimately, I believe the decisions at my level are going to
come from the Board of County Commissioners. I want these to be the working discussions.
Mr. Petty stated, "I would recommend to you, at Counsel's suggestion, that if they are
advertised as a Public Meeting of the County, that our Secretary, Mrs. Barbara Smith, also do the
public notification of the Pelican Bay Services Division, since more than one Board Member may
attend, just in the abundance of caution. I would also ask that you consider that when
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empowering Mr. Domenie to give this Board's position at such meetings, that you authorize him
to speak for this body.
Mr Burke stated, "I am okay with that"
Mr. Nordhoff moved seconded by Mr. laizzo and approved
unanimously on a vote of 10/0 to empower Mr. Domenie to
speak for the PBSD Board during the process of the Public
Meeting being held by Mr. MeAlpin.
----------- ------
Mr. Burke asked, "Mr McAipin will you work out the meeting location"?
Mr McAlpin replied, "Yes, we will". What we may have to do is move the January
meeting back, but we will work everything out.
Mr Burke stated, "The question I have, is the dredging of Clam Pass going to start on
January 15'h or thereabouts"?
Mr McAlpin replied, "We anticipate the work to start about the middle of this month".
That has nothing to do with what we are discussing.
Mr lazzo asked, "What is the depth and width of the dredging"?
Mr Domenie replied, "That was discussed at the last meeting".
OPTIONS ON INCREASING MEMBERSHIP ON THE CLAM BAY COMMITTEE
Mr. Domenie stated, "I will skip the next item on increasing membership on the Clam Bay
Committee". I still think the Committee should be increased to five people, but we just don't have
enough members. I will bring the subject up at our next meeting.
BUDGET COMMITTEE
INTERNAL AUDITS
Mr Connell stated, "The Budget Committee will meet on Wednesday, January 17'" at
2:00 P.M.". The items which make up 85% of our budget, I will call our Operating Budget, cannot
be put together until the latter part of this month or during February. The remaining 15%, the
Capitol Improvements, are the sole province of the Advisory Board and perhaps tomorrow's
Workshop will produce some discussion on that matter
Mr. Connell continued, "This afternoon I would like to talk about the process that we
follow in putting the Budget together each year". As you all know Mr. Sutphin chaired this
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Committee for approximately three years and in my judgment did an outstanding job and is a
difficult act to follow. I felt that the process which he followed was democratic, transparent and as
participative as one could make it. Every Board Member, through the series of meetings, had an
opportunity to challenge any line item; any part of the budget that he chose and, essentially, the
audience had the opportunity to ask questions. From what I could see, it was done in about as
thorough a manner as is possible. Unfortunately, the further that this body rubber stamps the
budget each year is disquieting and one gets it not only from the Board on occasion, but from the
public as well, which means that they don't really trust us. I suppose there are several
approaches that we could take. We could retain someone to do a thorough internal audit of that
budget, counting all of the pencils, etc. The other alternative that I would suggest that we
consider, and has been there all along, is that this Board, by majority vote, could instruct the
Budget Committee to return a budget that either does not exceed "X" number of dollars or
produces a text of why. If that were to be done, it certainly has to be done before we start putting
numbers together. When those numbers come back they should be accompanied by the results
and the affect of the cutting, if that is what happened, just so we have a clear understanding of
what affect it has. It has been suggested, for instance, that we remove our overtime. Our
workers work ten hours a day and they would be reduced to eight hours. By reckoning, that
removed approximately 140 man hours, or approximately 3-1/2 workers.
Either such a
suggestion would imply that we that we could get the same results with three fewer workers, or
we would have to hire three more, which I think everyone would agree costs more than paying
the overtime.
Mr. Connell continued, "My objective is to have this budget ready by the middle of
August, just has been done in prior years, with all of these questions answered; hopefully, to the
satisfaction of the entire Board".
Mr. Spanier stated, "It seems to me that finally with the arrival of Mr. Hoppensteadt and
the establishment of a much more fluid and flexible relationship in the way that many of the key
processes in the Community are being examined, that it might be worthwhile to consider, along
with your Committee, whether this would not be a good year to bring into the process of planning
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the budget, input from the constituent organization of the President's Council"? It seems that we
now have a President's Council, under the leadership of a Chief Executive with some strength
and managerial skills. It seems to me that within each of our constituent residential communities,
as well as the commercial community, there is probably more than a handful of leadership that
has some thoughts of what are wasteful or ineffective services, or urgently needed ones, that
could be provided more effectively on a semi-coordinating basis. It occurs to me that a
Memorandum from your body leaning towards a Budget Workshop after the individuai leaders of
the condominium and homeowners associations have had a chance to think how they do want to
get involved, might give their constituents an opportunity to vent to them and they, through the
President's Council, to us.
Mr. Connell stated, "I would certainly appreciate any help we could get in this process
and would welcome it". I guess I would need to think a little about how I would get to exactly what
you described. We don't want to build a camel in putting together a good budget. Your
comments will be considered.
Mr. Burke stated, "You are going to be getting into this subject at your meeting on
January 17'"".
Mr. Connell replied, "Yes"
Mr. Petty stated, "I would like to add that the concept of working with various groups in
Pelican Bay to put together a budget is part of the responsibilities of this body". I would be very
careful on calling them constituents of the homeowners association, as they are not. They were
not elected for the purpose of overseeing any government spending, you were appointed to do
that. You were elected in a "straw poll" to do that and we have to be careful on how that word is
used. Certainly, input and working with the homeowners association, as suggested under the
strategic plan at our last meeting, is certainly something we ought to bring forward.
Mr. Boland stated, "When you have vendors, and I will use street lighting as an example,
I was under the impression that we would have a say in that and have three proposals put out".
I don't see that working yet. The County seems to dictate back to us that we will use this vendor,
this is the price and that is it. With any business sense, where I always worked, you always got
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three estimates and sometimes the highest estimate might be the best. I don't see any of this
being done here. I have never seen business conducted, where you use the same vendor all the
time. There is no competitiveness. When you have competitiveness, you are going to bring the
price down. I think that is part of our problem.
Mr. Petty stated, "The amount of work that goes into the County selecting a vendor is
intense and immense". It is unbelievable how far they go in the procurement office. When the
County has selected a contractor, it is always through a procurement program that has been
adopted by the County, who is very concerned about the taxpayer's dollars. Typically, the
contractors that we have available to us, as a Division of the County, has gone through a wide
selection process to make sure that we get the best value for the dollar we can and the most
accountability for that expenditure. We are making use of that. We do not have to make use of
that, we can spend additional dollars by reproducing what has already been done, but I don't
know that it would be effective. The selection of vendors by residents was not intended as the
focus of this body, although it may be one that the Board may decide is. The intent was to get the
service value, responsiveness and accountability to this community on those projects. Selecting
vendors is difficult in the State of Florida, as we have contractors from all over the Country
coming in and very few tend to stay for long periods. Collier County has been doing procurement
for a very long time and they are very experienced. That does not mean that we don't run into
snags; of course we do, but we have people with very good experience working on that issue
trying to bring efficiency to us. That is why that when you see a contractor picked from the
County list; he has already gone through that entire process.
Mr. Boland replied, "I am not picking on the County, but if you read any article in the
newspaper, there is constant overspending and double dipping and the roads are a good
example". The County selects the contractor to do the roads and they just keep putting more
money into it. I just feel that is not a very fair share. The people in Pelican Bay are not getting
their money's worth.
Mr. Petty replied, "A newspaper article is not necessarily deposition to be taken as truth,
it is news". It is not a court of law and the facts are sometimes coming out later and sometimes
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not at all. The County does a very good job of trying to protect the interests of the public. Does
that increase the cost of our projects, yes, there is no doubt about it Working as a governmental
agency to do a sidewalk, costing more than what you as a homeowner may be able to negotiate,
is yes because there is a public trust that has to be taken care of by a governmental agency.
Mr. Burke asked, "In the course of our work in what Mr. Lukasz's crews do, how often are
we bidding things"? Isn't most of it repetitive?
Mr. Petty replied, "I just went through that with my contract". Let me tell you that Mrs.
Jean Smith and Mr. Lukasz are intense. As you all know, my contract was renegotiated last year
and the intent was that it would be at this Board's discretion as to whether they continue this
contract on an annual basis. The County procurement program says that they must get at least
three bids for the work that I do before you make your decision, instead of your doing what we
had agreed upon last year. Even though we had an agreement, and I dropped our costs by
approximately $20,000 per year to fit in that window, we are not able to do it without going to the
County's procurement program for competitiveness and for value checks. We do that with almost
everything we buy. Mrs. Jean Smith can speak to it from a dollar amount, but I know from the
small printing jobs that we do for approximately $800.00, they have typically gone through the
procurement process.
Mr. Burke stated, "I remember a few years ago when Mr. Carroll was here, it was either
the Humiston & Moore or Turrell & Associates contract that had to go out for bid". Mr. Carroll
appointed a committee to review the bids. It was cumbersome, but thorough.
Mr. Spanier stated, "There is a line within the Foundation called the "Preferred Vendors
List", which I don't think is necessarily in existence yet". I am sure it is part of the general security
reviews and controls that may come out It raised the question in my mind as to whether or not
the County's Preferred Vendor List, which must exist, has a database that is available upon
request by this community, either on behalf of the Pelican Bay Services Division Board or the
Foundation. The core is important since we have mobilized that mass purchasing power of the
County. In fact, all of us throughout the community are in a position to access that database. Is
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there a legal prohibition or any other sort of prohibition against coupling our combined purchasing
requirements in certain areas of the County to the County's purchasing process?
Mr. Petty replied, "There is a prohibition in combining the purchasing ability of a
homeowners association with a governmental entity, even though the homeowners association is
not for profit, although there are for profit homeowner associations out there". There wouid be a
prohibition against that. When it comes to can you access the database to make use of what the
government has researched, yes, you can have access and any resident can ask the County for
this under a Public Records Request and they should get a printout of all of the vendors that have
been approved and any detail work that is behind the documents should also be made available
to you at your request. Electronic format coupling is typically not allowed. There needs to be an
air gap separation between their database and yours, so that there is no contamination.
Mr. Spanier stated, "If it was the Pelican Bay Services Division, an instrumentality of the
County government, who made such a request this would be okay".
Mr. Petty replied, "Exactly, and I am sure that Mrs. Jean Smith has access to those files".
Mr. Hoppensteadt stated, "We certainly have talked about our desires of having a
database available to our members". I just don't know, to Mr. Petty's point, what the background
checks consist of and if the County's Preferred Vendors List fits into the contractor guidelines that
the Foundation would implement here.
Mr. Petty stated, "That information would be available for their review and if they found
them to be acceptable they could then make use of it, just as anybody could". The County does
encourage access to certain databases that they have on contractors, particularly contractor
licensing. This is not discouraged, it is encouraged.
GOVERNMENT RELATIONS
Mr. Spanier stated, "Mr. Burke and I have determined through some outreach material
and information coming from Mr. Lukasz and information provided by The Club at Pelican Bay,
that there was a very simple, but complicated, problem that they were confronting". In fact, at
peak times, the Club at Pelican Bay requires approximately 1,000,000 gallons a day of non-
potable water. The past practice and legal framework, which is not a real contract, but a best
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efforts type agreement, has only provided them with 500,000 gallons of water a day. The Club
has been having a lot of feedback from their members and complaints about shrubbery die off.
We also crossed the community and using Oakmont as a pilot area, had discovered that the
supply of non-potable irrigation water available to the individual property owners was not
adequate to keep their irrigation systems supplied and as a result they were sustaining very
substantial losses in replacing bushes and trees. There was a problem that we, Mr. Burke,
myself and few other people on our Board and off, felt would profit from a Mr. McAlpin approach
of outreach and taking a positive stand and using those powers that we think we have, even
though they may not be clearly delineated, to take the leadership in this problem. We were able
to layout a strategy of using Mr. Burke's monthly meetings with the top management in the
County, Mr. Mudd, Mr. Ochs and his people and on the other side of government with the
Chairman of the County Commission. We discussed the problem; Mr. Lukasz was extremely
helpful, and we were able to determine about ten days ago, that a very acceptable, informal,
agreement for providing up to an additional 500,000 gallons a day as needed, had been accepted
by everybody involved
Mr. Spanier continued, "We informed a very happy group of Pelican Bay residents that
from Pelican Bay Services Division input, they would be gelling a service". That the residents
should look to us as an instrumentality of the County, and that these are County Officials silting
here on this dais, to use our persuasive and negotiating powers to resolve this problem. We had
a legal problem because the Club said that we had a choice of two ways of their expressing their
appreciation. They offered to cast in bronze, using our bodies as the core, to have a statue
placed in front of The Club or to establish a number of standing communications channels.
ADMINISTRATOR'S REPORT
RED FLAG/GREEN FLAG
Mr. Burke stated, "Refresh my memory". We have been doing this for about two years.
Does red flag mean that there is a problem and green flag mean that everything is favorable?
Mr. Pelty stated, "It was more applicable when we were going through the change in the
budget, so that we could bring those objectives to you". Now that everyone is used to the new
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budget format, that we basically just bring you concerns, otherwise you expect to have green
flags. At this time there are no red flags to bring to your attention.
CAPITAL PROJECTS
IRRIGATION AND LANDSCAPE IMPROVEMENTS PHASE V
Mr. Lukasz stated, "The irrigation has been completed on Hammock Oak Drive and North
Pointe Drive". The work is nearly complete on Glenview and Laurel Oak Drives.
Mr. Domenie stated, "On the west side of North Pointe Drive there is one area where they
had great difficulty in putting in the irrigation". You see many exposed roots, are those roots
going to be covered with sod?
Mr. Lukasz replied, "We are taking that area down, placing soil in that spot and then
replacing the sod".
COMMUNITY ISSUES
SIDEWALK REPAIRS
Mr. Lukasz stated, "The County is in the process of doing some of the repairs". They are
out there today working along Pelican Bay Boulevard.
HURRICANE WILMA STORM DAMAGE
HURRICANE CHARLEY STORM DAMAGE
Mr. Lukasz stated, "There is nothing new to report on the hurricane funds".
Mr. Domenie stated, "1 thought that over a year ago we were told that the County had
collected some of the money and we were waiting for the County to reimburse us". Was that not
correct?
Ms. Jean Smith replied, "You had heard that the County had received some of the funds".
Mr. Domenie stated, "Yes, the County received the funds, but when are we going to get
our money"?
Ms. Jean Smith replied, "1 ask every month and get the same answer".
Mr. Petty stated, "That determination comes from the County because our projects are
rolled into their projects and the determination for our percentage share comes from the County".
It does take Quite a bit of time. Hurricane Charley is going to be a real pain.
COMMITTEE REQUESTS
OAKMONT LAKE SIGNAGE
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Mr. Spanier stated, "I have one item that I have been nagged about regarding the
additional signage on the side streets". I think everybody was in favor of this work when we
presented it, but can you tell me the status? It seems like a minor problem, but on the Oakmont
Lake property the layout pattern is one where a number of cul-de-sacs run down to a peripheral
path at the lake. The fact is that the signage on the street is adequate, but the walkers and
joggers cannot find their way home because when you are walking the lake you can not
determine whether you are at Shadow Lake Lane or where you might be. In response to the
associations request, Mr. Lukasz and I have looked into that and signs somewhat similar to the
ones that say "walkers only", seemed to be acceptable.
Mr. Lukasz replied, "They would be similar in design". In this year's budget, we also
have irrigation improvements and sidewalk overlay in that area. It is probably going to be two or
three months before we get to the signs.
Mr. Spanier stated, "That is what led me to bring this issue up today". It appears to me to
be the most costly way to do a low cost project. You have to listen to the animals that are
picketing my house.
Mr. Burke stated, "It is going to be another two or three months".
Mr. Lukasz stated, "That is because we use a different contractor for the signage".
thought that after we completed the sidewalk overlays, might be the better time to do it rather
than having another obstacle out there.
Mr. Burke stated, "That makes sense".
Mr. Spanier stated, "The runners and walkers are getting very impatient".
Mr. Burke asked, "How long has it been since they have been unable to find their way
home"?
Mr. Spanier stated, "Let's pay for them out of our own funds rather than ask them to kick
in, because their dues structure is $35.00 per year".
Mr. Petty stated, "I think you are in line in giving it time". You may also want to give this
to the Budget Committee for consideration". The policy of marking the sidewalks for distance,
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location or other such purposes may be something we want to do throughout Pelican Bay and not
just in one area.
Mr. Spanier stated, "I don't think there is any other area like that".
Mr. Petty replied, "There are certainly walkers who would like to know if they have walked
.
a half a mile or a mile on a walking path". This policy could be used elsewhere in Pelican Bay to
the advantage of the residents.
Mr. Burke stated, "That is one of the subjects for the Workshop tomorrow also".
AUDIENCE COMMENTS
Mr. Burke stated, "Dr. Buser, I would provide you more time to speak, but I do not want to
turn this meeting into a debate society". You probably did not come prepared to rebut anything
Mr. Domenie has said.
Dr. David Buser stated, "First, I must say Mr. Domenie has not personally been attacked
by me, it is dramatic, but not factual". I want to refer to the Clam Bay Restoration and
Management Plan. For the Pelican Bay Services Division to have a meaningful impact on the
management of Clam Bay, they must have full knowledge of all regulated activities by the
agencies which administer the Plan. You gentlemen need to know the facts on the permits.
Presently, I don't feel that you are dealing with factual information and I don't know why you are
not getting the factual information. I will give you a "for instance" situation. Mr. Spanier, who is a
knowledgeable person on the system, made the statement earlier that in all his readings he has
never seen it anywhere that the Clam Bay system is referred to as a navigable waterway. I can
tell you that every agency in the Permit, including the Coast Guard, the DEP, and the Corps of
Engineers all specifically state that it is a navigable waterway.
Mr. Spanier asked, "Would you site the pages and paragraphs"?
Dr. Buser replied, "I would and I will". Thank you for asking. First, I want to get back to
the history, because you are representing the County, as well as the people of Pelican Bay. The
Pelican Bay Property Owners Association actually petitioned the DEP, when they were opposing
the construction of the draw bridge, saying that construction and use of the boardwalk would
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adversely impact navigation. That was the Pelican Bay Property Owners Association's attempt to
block construction of the bridge.
Mr Spanier asked, "Can I get a copy of that document"?
Dr Buser replied, "I would be happy to give it to you". The Commander of the Seventh
Coast Guard District stated on April 10, 1985, that Outer Clam Bay's proposed bridge site is
considered navigable waterways of the United States for the purpose of Coast Guard Bridge
permit jurisdiction; therefore, a Coast Guard Bridge Permit will be required. On June 20, 1985,
DEP stated that the non-jurisdictional nature of the project (this is a discussion of the bridge)
hinged on the fact that the United States Coast Guard regulates bridges. Clam Bay is in fact a
"navigable waterway of the United States".
Mr. Burke asked, "What is it you are presenting"?
Dr Buser replied, "I am trying to get the facts out to your audience". I truthfully feel that
they are not getting factual information and feel that is what is halting our working together as
communities in improving this system. The same thing is true with the Army Corps of Engineers.
Gentlemen, I appreciate your allowing me to speak, because you ultimately are the decision
makers on this issue and you are relying on your Clam Bay Committee to give you the
information to act upon.
Mr Nordhoff stated, "Dr Buser, can I interrupt you to ask a question"?
Dr Buser asked, "Can I please finish because the last time I was here I was interrupted
and it was difficult to even concentrate because it was so bad". The DEP Permit actually states
locations for "tilt motor" and "idle speed" signs that are to be posted because of the hazards to
navigation and for the public safety (of the boaters). Those are public safety issues and those
signs are still not there, seven years into the permit. I come from a boating neighborhood and
have always boated and we have signage that has not been placed and is typically there for
public safety reasons.
Mr Domenie stated, "The County is responsible for that".
Dr Buser replied, "This is part of the Mangrove Restoration and Management Plan". Mr
Domenie has referred to a couple of articles that he wrote in the Pelican Bay Post, that I have
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taken offense to, that basically say that the Ten-Year Plan does not reference navigation. The
problem is, that goes out to a large number of homeowners who trust this information to make
judgment calls and decisions, and if it is not factual it just perpetuates the problem. The Clam
Bay Restoration and Management Plan specifically states that the main channel is be marked in
accordance with the requirements imposed by the United States Coast Guard, to ensure that
those who use the system clearly know where the channel is and of prohibitions against
operating watercraft outside the same. It specifically addresses navigation. The problem is that
when we are sitting down in Seagate and read your newsletter, it is going out to 10,000 innocent
people that don't know any better and for the Chairman of the Committee to make this type of
statement is misleading.
To ask for a group to come in and comply with some permit
requirements that were supposed to go in seven years ago, is not a big thing to ask the County
for. I really should not have to be here in this position asking for that. That is something that
should have been done. I honestly think that a large majority of this Board doesn't know of those
permit requirements. I don't think you would sit here and purposely choose to violate the permits.
I really don't believe that. You are talking about sign age for your joggers, though we have major
permits that are big problems for your neighbors. We need to work together on that.
Dr. Buser continued, "The other thing that Mr. Domenie..."
Mr. Burke interrupted, "Dr. Buser, I know this is fascinating to you, but we are beyond all
of that".
Dr. Buser replied, "We are not beyond that, when you sit here in an open meeting and
make a statement that is not factual". This misleads people and they go back and tell their
friends, which leads to perpetuation of inaccurate information. I have a problem with that. These
are Pelican Bay permits, part of the Clam Bay Restoration and Management Plan. I feel strongly
that you gentlemen want to be in compliance with the permits.
Mr. Burke stated, "I don't know what we have to say; we have Mr. McAlpin, Mr. Mudd and
Mr. Ochs involved".
Dr. Buser stated, "Please, no more statements that these are non-navigable waterways,
because that isn't so". It should be in your newsletter. The other thing we are trying to do is
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establish a system where motorized vessels cannot operate outside of the channel and that is to
protect the environment. We need you to know that is something that 8eagate is giving up. to try
to show you that our hearts are in the right place. The thing that Mr. Domenie said earlier, that
8eagate wants to exclude everybody but 8eagate from the system, is not accurate either.
Mr. Domenie started to speak over Dr. Buser and the balanee of the dialog was not
able to be understood on the tape.
Dr. Buser stated, "I will tell you what I said". What I said was that in response to Mr.
Domenie of his concern that more boats would come in from the Gulf of Mexico if the system was
flushing better and you had a better channel and channel markers. I think that is a legitimate
concern. What I proposed, was that there is a mechanism and it is not our issue because it does
not matter to 8eagate, but it could be yours. The Collier County Manatee Protection Plan has a
mechanism where permits or stickers can be issued to individuals that have to cross a protected
area to get to their homes, but other individuals would be excluded. That is Collier County's
decision and not ours to make. It is not an issue to 8eagate, but it might be an issue for Pelican
Bay. Pelican Bay may choose to try to implement that to help protect the estuary if they believe
that is beneficial. It is not an attempt by 8eagate, because it is a restriction to our use. Please
don't distort that. I would like to see our two communities working together. I tend to feel that our
attempts to come together at meetings are being cut down by this rhetoric. We don't have to be
in this awful fight and should be working together on this system.
ADJOURN
There being no further business the meeting adjourned at 4:45 P.M.
James Burke, Chairman
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PELICAN BAY SERVICES DIVISION BOARD WORKSHOP
January 4, 2007
Naples, Florida
LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Workshop
Session on this date, January 4, 2007 at 9:00 A.M. at Hammock Oak Center, 8962 Hammock
Oak Drive, Naples, Florida 34108 with the following members present
Mr. James Burke, Chairman
Mr. Christopher Sutphin, Vice Chairman (Absent)
Mr. John Domenie, Vice Chairman
Mr. Donald Spanier, Vice Chairman
Mr. John Boland
Mr. David Bramson
Mr. Coleman Connell
Mr John laizzo
Mr. David Nordhoff
Mr. Edward Stares (Absent)
ALSO PRESENT: One (1) Pelican Bay resident; Mr. Jim Hoppensteadt, President, Pelican Bay
Foundation; Corporal Carmine Marceno, Collier County Sheriffs Department; Mr. John Petty,
Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations
Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary
AGENDA
1. RollCall
2. Workshop Objectives
Street Lighting
Water Management (Storm Water)
Ambient Noise Management
Extraordinary Law Enforcement Services
Community Beautification (including but not limited to)
Recreation
Sidewalks
Street and median areas
Identification Markers (signage)
Maintenance of Conservation/Preserve Areas
Restoration of Clam Bay
ROLL CALL
Mr. Burke called the meeting to order and asked that the Record reflect all members
present with the exception of Messrs. Ed Stares and Chris Sutphin.
WORKSHOP OBJECTIVES
Mr. Burke stated, 'To my knowledge, this is my first known Workshop, which differs
considerably from a Board Meeting". I would like to try to have this meeting complete prior to
lunch. I just see this as a first of a number of workshops where we can start to hash things out
and get things out on the table. I have a few brief comments to make to kick this meeting off.
Mr. Burke continued, "I believe the time is right for a Workshop for us to take a look at
who we are, what we are and where we are headed". Our monthly Board Meetings, if you
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remember from yesterday afternoon, tend to be operational and by nature, they are operational.
We have tried to design our Committee Meetings to be a little more strategic and less operational,
but they have a tendency to become operational also. The other thing that got me thinking about
all of this is that I have done a pretty thorough reading of our Meeting Minutes. As you know,
some of our Minutes can be rather lengthy. One of the things that strikes me is that this Board,
which I think is good thing, is an open Board. Our Board is open to discussion, sometimes to the
dismay of other Board Members when it gets off track, but there are a lot of opinions shared,
along with good discussions and I think that is a good sign. A thorough reading of the Minutes
indicated to me that we not only have varied opinions as to who we are, what we are, where we
are headed; we also have confusion as to why we exist. As an example, when I look at past
Minutes, there are comments about the Foundation. We have what I call the "script
constructionist's" interpretation, or readings, of our Ordinance and the comments about the
Services Division being a sub-committee of the Foundation. To me, these comments, opinions
and this type of thinking is counterproductive. It is limiting and stands in the way of this Board
and Division getting things done for Pelican Bay and its' owners, which is why we exist.
Mr. laizzo stated, "You ought to bring that question right back again". Why are we here,
why do we exist? Why don't you pick up on that?
Mr. Burke replied, "That is a good idea; that is what we are going to do". I see us as one
with the Pelican Bay Foundation, I always have. The Pelican Bay Property Owners, The Club at
Pelican Bay, The Philharmonic, The Men's Coffee, the commercial interest, the President's
Council. I see us, and all of those organizations, as resources and a fertile ground for ideas,
innovation, direction and future. What I have learned over the past three years is that Pelican
Bay is an enviable, municipal structure. It is the envy of most other communities. What it comes
down to for me is the managing of our portion of the whole equation. That is why I felt a
Workshop at this time may make some sense. If we are to utilize all of the resources within
Pelican Bay and work collaboratively with all of the other organizations, we have to be very much
aware of who and what we are and what we are capable of achieving for Pelican Bay. For
example, if we are to budget effectively, I know that is a concern of the budget people, we have to
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have a short and long term view of what it is we want to do and what has to be done. I will just
start by asking how many of you have a copy or have ever read the new Amended Ordinance?
What is the new Ordinance number?
Mrs. Barbara Smith replied, "It is Ordinance 2006-05 and is posted on the Home Page of
the website".
Mrs. Burke stated, "This is a good Ordinance, under Mr. Carroll's leadership". I have
gone over this Ordinance three or four times and it has helped me a great deal. That is where I
am starting from. I am going to serve as the facilitator today and the only thing missing is that we
are not going to have a big board to put our notes on and erase them. I would like your opinion
as to where we ought to take this Workshop.
Mr John Boland asked, "Can I suggest that we keep our comments to the three minute
time frame"?
Mr Burke replied, "Yes".
Mr laizzo stated, "I think this Board should appreciate the fact and consider why we are
here". Did the County just come in here and say we want you to pay your taxes as any
unincorporated area of the County and on top of that we are not going to use that money to
maintain this community, but what we are going to do is charge you to maintain this community.
Do you think it just happened that way, or do you think the County was invited to come in here at
the request of the Foundation?
Mr. Petty stated, "That is a real good question". I am going to go backwards into the
legacy of Pelican Bay and the answer is yet to come. Pelican Bay, when it was established, was
one of the most innovative solutions to growth in Florida. What happened in this community set
the standard for the State. What you did in Collier County was raise Collier County from the
ashes of Hurricane Donna. It was experimental, done with great vision and done taking the best
of these communities happening in California, such as Irvine Ranch and a few other places. The
people that came here were planners and at that time the County could not provide the services.
At the time the County didn't, and still doesn't to my knowledge, provide drainage. The County
did not have the water and sewer facilities at the time and could barely handle its' own
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requirements for roads.
The City of Naples was a quaint little place of 22,000 people.
Everything had to be self-sufficient in Pelican Bay. As such, the community ended up paying for
a lot of its own infrastructure, being self-supportive and being independent It paid the same
taxes as everybody else in Collier County, who was getting services to their doorstep. Pelican
Bay was not getting services to its doorstep, but was getting services to its boundaries. This
District, as a Division and Dependent District to the County, still charges its' residents for a lot of
the services that it provides within it's borders, while a lot of County residents get services to their
doorstep. The answer to the Question is being considered across the State in all growth
communities. Since Pelican Bay is one of the first to address this new age, it may be the first to
try to address that issue.
Mr. Petty continued, "You may recall that earlier in the year, this Board asked staff and
members of this Board to go and talk to the County about Fair Share Revenue". The concept is,
can't we call ourselves full time Florida residents now and not growth? If we are full time
residents and we have paid for our impact over the last twenty-five or thirty years, isn't it time that
we got the services that everybody else gets in the State? Until those answers come, I think you
are in step with considering internal costs for your delivery and quality of services, until we can
define that and work it through the governmental agencies. Collier County may be the first one to
be asked.
Mr. laizzo stated, "The question is, how did the County come in here and provide the
service"? Was it at the request of the homeowner's association?
Mr. Connell replied, "I think I can answer that because I have a history of Pelican Bay that
was written by Claire Desilver". It says that Westinghouse went to the County and asked to be
allowed to form what eventually morphed into what we have now, in order to set up water and
sewer services, because the County was unable to accommodate Pelican Bay. As I understand
it, it was initiated by Westinghouse. The County did not come in here and say this is the way it is
going to be.
Mr. Petty stated, "Clam Bay was the first Improvement District and was started by the
Collier family". It was a petition to the State to establish an Improvement District to provide the
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things that are necessary. In this case, typically, it was drainage. The Collier family was working
a model of what Westinghouse had done on the east coast. Westinghouse was working on a
model of what Disney World had done at Reedy Creek. This was all new to the State, which was
having a very hard time dealing with growth. The State, working with some major developers,
came up with the concept of Special Districts and handling the new growth needs of
infrastructure, long term, effective and local. Clam Bay Improvement District turned into the
Pelican Bay Improvement District when Westinghouse came and entered into a joint venture with
the Collier family. They spent nearly two years looking at the background, planning, figuring out
what could and could not be done. That is why you don't have boat access here and why the bay
system is still pristine. Park Shore, right down the street, used to have the same thing; now it has
sea walls. Our legacy is rich, innovative, well thought out and we were not just created over
night. You have a legacy that goes back into the 1970's.
Mr. Burke stated, "The developer took the steps to create the Clam Bay Improvement
District and that morphed into the Pelican Bay Improvement District".
Mr. Connell replied, "That is my understanding".
Mr. Burke stated, "It was under the District that the stormwater management system was
developed" .
Mr. Petty replied, "The stormwater management system was a first of its' kind". It was a
retention system, where everybody else had a straight flood control district and got rid of the
water. We didn't do that here and this is the first area that said we would hold the water for
treatment, to purify it, to remove nutrients and to store it so that it percolates back into the
groundwater table. Our system is built to hold water, as well as, control flooding.
Mr. Burke stated, "Mr. laizzo your question is what came first, the homeowners
association or the Pelican Bay Services Division"?
Mr. laizzo replied, "Yes, the chicken or the egg". I still feel the system, as is, needs to be
looked into. I think there are corrections along the way that should be implemented. We are
taxed at tax dollars that do not come back here to maintain this community. We turn around and
tax ourselves now to maintain this community. The County has to do something about that
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problem. I feel that we are getting cheated and we are paying double taxes. When we had the
Sheriff here, I felt that was a big insult. We pay taxes for the Sheriff to maintain this community
and then we turn around and pay them privately to maintain this community. I thought that was a
big rub and a smack in my head.
MR. SPANIER IS SPEAKING, BUT MOST OF HIS COMMENTS WERE INAUDIBLE ON
THE TAPE.
Mr. Spanier stated, "We started out with a very boiler plated Ordinance concept, which
was a simple application of the concept of Independent and Dependent Districts. THE
BALANCE OF MR. SPANIER'S COMMENTS ARE INAUDIBLE ON THE TAPE.
What happened on this Board during the most recent five or six years was not a piece of
boilerplate; it established an Advisory Committee to perform some day-to-day municipal functions
within Pelican Bay as an instrumentality of the County. If you follow the trajectory, we have under
the administration of Chairman Jim Carroll, and some of the people presently sitting on the Board,
moved ourselves into a position of realizing our potential for inventing ourselves as a meaningful,
rationale, mission self-governing Board.
Mr. laizzo asked, "Can we keep this to three Minutes"?
Mr. Spanier stated, "Mr. laizzo, I don't want to be moderated by you, I will be moderated
by Chairman Burke". Address your comments to the Chair and I will listen to the Chair. The point
I am trying to focus on, is the fact that this is a two-layered government and that is the magic of it.
We do get an abundant base of services that we, of Collier County, pay for and are defined by the
Collier County Commission with very little input from the residents. We have moved this
institution in the direction of giving great input of self~xpressed wants, needs and limitations to
the higher standards and greater security that exists in most of our areas. We are trying to
rationalize that now. It is not an issue of paying double or being screwed by the County; it is an
issue of the people who live here saying that we will tax ourselves to be a more beautiful, better
served and a more secure, self-contained community. I don't think we can get anywhere until we
recognize that that is what has happened.
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Mr. laizzo stated, "The fact is that this Board saw fit to bring in the Sheriff at an extra cost,
when the residents of this community were not in favor of it".
Mr. Spanier replied, "That is not true"
Mr. Burke stated, "It was before our time, but the Pelican Bay Foundation petitioned this
Board to bring in extra pOlice service".
Mr. Spanier stated, "Because we had the power to do it".
Mr. Burke stated, "That is what started it".
Mr. laizzo stated, "Then, there was a survey taken and it came back that the residents did
not care for it and the Board still continued to turn its' back on the request of the community and
continued the expanded service".
Mr. Nordhoff stated, "I was a proponent of that, but it is moot now". It is past us because
the Sheriff has withdrawn that service. I resent the implication that we are being cheated. We
are paying taxes for a lot of things like schools, police and fire that we would get with or without
the Pelican Bay Services Division. The Pelican Bay Services Division is adding another layer of
beautification, water management, etc. We could get along without the Pelican Bay Services
Division, but we would look like other parts of the County that are much less beautified and we
would be less well-managed than we are now. This is all a plus, and for a meager $400.00+ per
household, per year, I really don't know why we are wasting time arguing is it worth it. It is worth
a lot more, and as someone who enjoys the beach, the restaurants, the tennis, the trams, we are
getting an awful lot. I know part of that is Foundation, so I am not saying that we are responsible
for those items, but we are a great buy and I would rather see us spend our time working on how
to become better, than arguing about being cheated. We are not being cheated.
Mr. Boland stated, "I have been here since 1990". In 1993 or 1994, Mr. Dorrill was the
County Manager and the same scenario is being raised now. At that time Mr. Dorrill stated that
the only reason that we are having the additional Non-ad valorem Taxes that we are responsible
for, is because when build out occurs, the developer will disappear. He said that the builders
have not sold their units, so the people have to pick up the burden until build-out. Build out is
pretty much here with the exception of Cap d'Antibes. If you look at the Ad valorem and Non-ad
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valorem Taxes, there are similarities where they are taking it out twice and Mr. Petty explained
that we are a donor community and I accept that. This is the reason the people are bitter, upset
or concerned and thinking that this Board should disappear because someone said something
ten or twelve years ago. I was always told that the Foundation was governance; this Board is
maintenance and the Pelican Bay Property Owners are the watchdog.
Mr. Boland continued, "A lot of people cannot afford to live here because their
homeowner's insurance went up, the flood insurance went up and the money is very tight". I am
not going to be here in twenty-five years, but we have to do some alleviation of burden. Get
together and come up with a plan. We were voted in by the people of Pelican Bay and appointed
by Collier County. Commissioner Halas, at our last meeting, told us that we were appointed to
serve the people of Pelican Bay. Approximately 96% of the people in Pelican Bay have no idea
what is going on. Let's form some kind of task force. I know we are restricted by the Sunshine
Laws, but we have to get to some financial meaning right now. People are really hurting and I
have had people come up and say they can't afford to live here any longer because of
condominium assessments, special assessments, etc.
Mr. laizzo stated, "I want to go back and correct the word "cheated". We are not being
cheated, but it is poor management of the community's money. We have a fiduciary
responsibility of how we spend that money. I believe that was a poor way of using that $600,000.
Mr. Burke stated, "I do not want to get into rationalizing".
Mr. laizzo stated, "We can drop it now and not kick it around any further". Do you think
the community would fold if it was not maintained by the County; certainly not. It would be the
responsibility of the Foundation to continue to maintain and preserve this community and that
could be done privately. As far as I am concerned, we are here at the pleasure of the
Foundation. If that is not true, I want to discuss it right now.
Mr. Nordhoff stated, "The Ordinance does not say anything about the Foundation".
Mr. Burke stated, "That is why I started out with the Ordinance". I don't want to get into a
lot of rationalization, but the current buzzword to justify expenditures is to boil it down to a Per
Unit, Per Year basis". That seems to justify everything. If you remember when our adversaries
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were coming at us to eliminate that extra Sheriff's coverage, Mr. Sutphin made the statement that
those charges come out to approximately $50.00 per year per ERU. Mr. Sutphin indicated that
he did not want to be the person that would go in front of the taxpayers to say that we are going
to eliminate 24/7 Sheriff's coverage, at a savings of $50.00 a year. I am just bringing that up as
a piece of history.
Mr. laizzo stated, "I wanted to drop that issue and go on with something else".
Mr. Burke stated, "What you are advocating is that you want more emphasis on the "Fair
Share Method".
Mr. laizzo replied, "I want more emphasis on why this Board exists". Does it exist
because it was forced upon us; does it exist because the Foundation says you are here at our
pleasure? That is my issue.
Mr. Burke stated, "I am glad you brought it up, but to me it is really counterproductive".
Mr. laizzo stated, "There needs to be an understanding". Are we here because the
County placed us here and said this is it, we are going to charge you unincorporated taxes and
you are going to pay your own taxes to maintain the community, or were we invited to maintain
this community?
Mr. Burke stated, "My understanding is that we are here because this is what the citizens
of Pelican Bay wanted".
Mr. Domenie stated, "I have been here twenty years". When I came here there was
nothing north of Gulf Park Drive. I think that one of the sources of information would be Mr. Ross
Ob/ey. Mr. Obley can trace the entire history of Pelican Bay. If I remember correctly, there was
the water recycling plant to bring water into Pelican Bay that the County could not produce. As
far as I know, that is the origin of this organization. It has nothing to do with the Foundation or the
Pelican Bay Property Owners. It was to bring water into this area and we were unique in that we
started to recycle the water for our irrigation.
Mr. Petty stated, "There were actually several causes". You had potable water and
drinking water responsibilities; you had wastewater treatment responsibilities; effluent reuse
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responsibilities; you had an irrigation/fire dual distribution system responsibilities; water
management and street lights.
Mr. Domenie stated, "There are communities such as Pelican's Marsh, Tiburon and
Mediterra that are gated and they do not have public roads".
Mr. Petty replied, "They do".
Mr. Domenie stated, "I thought that because they were gated communities that they have
private roads".
Mr. Petty replied, "Pelican Marsh has a Special Taxing District very similar to ours and
the roads in Pelican's Marsh were built with those funds, which makes them public roads". They
have guard gates where they can say hello to you, but if you want access you can get in and they
cannot deny you access.
Mr. Nordhoff asked, "Do they have an MSTBU"?
Mr. Petty replied, "They have a Special Taxing District that is called a Community
Development District (COD) and is what Improvement District's evolved into". Right before this
District converted over to a Dependent District of the County, the Board considered converting
over to the new style, but it never had time to germinate and grow before we were absorbed into
the County.
Mr. Burke stated, "They can issue bonds".
Mr. Petty replied, "Certainly".
Mr. Domenie stated, "As to the question of the Foundation taking over, I do not know if
the Foundation would be in a position to take over responsibilities of overlooking County property
in the mangrove foresr. I don't know if a private organization can do that I do not have the
answer to that
Mr. Petty replied, "There are several responsibilities that the Division has, that the
homeowners association cannot absorb". The regulatory agencies do not wish to put water
management facility permits into the hands of homeowner associations; they only want it to be
with a governmental agency. The preserve area is another example. Some of the other duties
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we have may be considered in there as well, but the two chief ones that I see are water
management and the preserve.
Mr. laizzo replied, "That may continue".
Mr. Spanier asked, "Was there not a point at which the private ownership, for example,
where the public road rights-of-way were dedicated or transferred, in law, to the County in return
for the relief of the developer for the costs of building and maintaining the roads"? It happens all
over the United States. There is a private nucleus that develops and at the point where money
starts to get involved, the developer tries to, and does through law, dedicate the actual property
on which the public roads lay, to the governmental jurisdiction. Doesn't that happen? Who owns
that common land, the basic underlying land? Wasn't that dedicated to the County?
Mr. Petty replied, "The roads were built by the developer". The County did not contribute
to these costs. The developer was a long term developer, so they looked for someone to do the
operation and maintenance It took them a while to get the County to commit to that, meanwhile,
there were discussions of whether they turn it over to the Improvement District for operation and
maintenance, which was somewhat contentious since they were trying to keep those rates down.
Eventually, they were able to talk the County into taking the roads into their maintenance
program, although I can tell you that our roadway system does not meet the County's criteria for
being arterial roads
Mr. Spanier stated, "I am asking about the ownership of the land".
Mr. Petty replied, "The rights-of-way were dedicated to the County". You always have to
find someone to maintain these roads into perpetuity.
Mr. Spanier replied, "That is correct, but follow that track a little". The Foundation, as I
understand it, which I always like to refer to as a master homeowners association with no
governmental functions, when it begins to talk about areas such as health, safety and welfare, it
is out of the ballpark. It does not have those powers, never did and does not anywhere in the
United States. We then come to the question of the common property, whatever that is. When I
walk out of my house and across my lawn and into the street, am I standing on dedicated land
that is owned by the County or is that owned in common?
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Mr. Petty replied, "It depends upon where you live, because we have some private
property within gated communities". In some of the condominiums when you step out of your
home, that is a common road until you get to the major street Yes, when you step out onto your
road you are on public lands, not homeowner association lands.
Mr. Spanier stated, "Public land and not master homeowner association land". If it is
going to be lit, sidewalks or security on those streets, etc. we have to deal with a governmental
instrumentality, which I believe is this body.
Mr. Bramson stated, "The history is all very interesting, but it doesn't really get us any
place". There are two major areas that concern this Board. The first has been pretty well listed
out in the workshop objectives. The second is that we have the responsibility to the citizens of
Pelican Bay in that we end up taxing them on a Non-ad valorem basis for the services which are
not rendered by the County on a regular tax basis. I believe our second responsibility is to
pursue, as hard as we can and as diligently as we can, the ability to get our Fair Share back from
the County. That, plus the responsibility of Clam Bay are the functions of this body.
Mr. Burke replied, "I agree". I think the Fair Share issue is something that we need to
stress. I believe that Mr. Connell and Mr. Carroll had approached that issue.
Mr. Connell replied, "Unfortunately, we were speaking with the Assistant County
Manager, as well as the gentleman who is responsible for the County finances and you will not
find them amenable to any reduction in income". If it is going to be accomplished, it is going to
have to be accomplished through our Commissioner. Fortunately, Commissioner Halas carried
Pelican Bay in the election, which I believe has taken some of the edge off of the feeling that has
long existed since he has been in office. I think we stand a far better chance of getting something
done through him.
Mr. Burlke stated, "That is a key area". I believe that it was either Mr. Connell or Mr.
Sutphin who said, that if it came down to getting the fertilizer paid for by the County, it would be a
step in the right direction.
Mr. Burke stated, "I do not want to have a subject in the workshop of how to self-destruct
or eliminate the Pelican Bay Services Division". There are probably other people working on that
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right now, but I would like us to be optimistic and futuristic and move on in what we can do for the
people in Pelican Bay.
Mr. Bramson stated, "I don't think anyone wants to put us out of business". We fulfill a
very vital function for the Pelican Bay community. As far as our going away, we really can't go
away because the infrastructure that we are responsible for is there.
Mr. Burke stated, "I had put together an agenda and since I don't have a lot of experience
with workshops, I simply took what is in the Ordinance as our key areas of responsibility and
listed them". I thought a good first step for us to go on into future workshops, would be to discuss
our individual concerns within some of these subject areas. What got me to thinking about all of
that was the subject of street lighting, as an example. Those of you that have been on the Board
for a while know that every so often, the subject of our street lights comes up. Whether there is
too much lighting, whether it is the landscaping that covers the lights, etc. We have not had a lot
of citizen outcry about it, but it does seem to keep coming up; we don't do anything with it; we
seem to table it and let it go.
Mr. Nordhoff asked, "Didn't we have an engineer here approximately a year ago to report
on illumination and other issues with the street lighting"? Weren't we going to move forward with
his recommendations?
Mr. Burke stated, "We didn't go anywhere with that".
Mr. Petty stated, "There was no hard engineering reason to change the lights". It was
more of what the residents were looking for and we told you what those options would entail as
far as costs and ballpark numbers. You may want to consider it this way. There are hard
services and soft services and with street lighting I believe it is the soft services, which is what do
the residents want I think you have enough illumination out there and the question now is to
what level do you wish it? Do you want aesthetic poles, do you want more illumination, and do
you want the color to be white or amber, those types of things.
Mr. Spanier stated, "The fact is that we are at our limits, as I read the report of our power
capacity". It is not a question of color or a little more of this or that It is a question of what and
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when are we going to address the underlying issue of the actual size and power, versus the
original installation.
Mr. Petty stated, "The system has been modified, it has been improved and it is giving
the proper light coverage, according to the engineer's study, which was done with a meter".
Other than some landscaping issues that were blocking some lights, the street lighting system is
not deficient, but that does not mean that it is acceptable either. Street light systems do not have
a basis in our society that you should have "x" number of lumens per linear foot of roadway if it is
two lanes, four lanes, etc and here is the standard. It is very flexible, depending upon what your
community wants. There are street lighting systems that they call rural style, where you are
supposedly still able to see some stars. Then there are street lighting systems where you are not
about to see a star, based on the light that comes out of this system. It is based on the values
and judgment of the community to decide, versus an engineer. Our system functions very well.
It is very suitable to providing the lighting that we have had for the past ten years or more. That
does not mean that it is not time to change, but we don't have an engineering deficiency; we have
some landscape interface in a few areas and, of course, the needs of the people that we should
be checking constantly.
Mr. Spanier stated, "There is more to that". We have seemed to dance around the
essence of many of these questions. This is not just a community of high rises by the Gulf, we
have miles and miles of inadequately illuminated streets, with no sidewalks and very difficult
traffic control problems. There is an issue here, if you live anywhere, unless it is a gated
community, which is only a portion of Pelican Bay, about safely walking dogs, children and people
after dusk. That is not an engineering problem, it is not simply a problem of what the people say;
it is a Sheriffs and resident issue. We can come in with hundreds of anecdotes about near
runovers, rundowns and cars trying to get around inadequately illuminated streets in our
community. That is not going to be solved by looking at the type of engineering report that you
are talking about
Mr. Burke stated, "What got me looking at this subject was the entire area of working
collaboratively". There is a Strategic Visioning Committee working out of the Foundation.
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Theoretically, they are looking at the future and what can be done to upgrade Pelican Bay, etc.
Suppose one of their areas of concern is that they have citizen feedback that says our lighting is
antiquated in appearance? Don't they have new street lights in Bay Colony?
Mr. Lukasz replied, "They have a different type of street light". The lights are lower.
Mr. Burke stated, "I am not suggesting that we take on an artistic temperament and go
out and look for designer street lights, but let's say that Committee comes to us and says that is
an area that we want to look at". That they believe that we can upgrade the aesthetics of Pelican
Bay, perhaps safety and some of the other areas and ask if we have ever looked at the street
lights or gotten any prices. It might make sense for us to be ready for something like that That is
what I am thinking. I am not interested in sitting down here and replacing a light or anything like
that I am thinking that perhaps in all of this visioning going on, if that were an area of interest, I
would like to have us be in a position to work collaboratively and say here are the things that you
need to consider. Of course, if you came up with a price of $15,000,000, obviously, it would drop
down on the priority scale.
Mr. Domenie stated, "I agree with what Mr. Spanier said about Oakmont". There are no
lights or sidewalks in that area and I guess the original idea was to have the sidewalk along the
lake, but that does not help people who like to get out of their house. I think we should look at
two different things. One is what can we do right now to improve the lighting along the major
roadways? I went around and took pictures, some of which I feel are good examples and others,
where I feel that palm trees and other trees are blocking the lighting. We could very simply
improve lighting along those stretches by either eliminating some of the palm trees or more
pruning of the existing trees. Perhaps, we can then adopt some sort of policy, which would state
that no palm trees should be planted within ten feet of the base of a lighting fixture and anything
that is within that base should be removed. This could be done as a short term solution, which
would not cost much and we could really examine what our lighting problem is. In the meantime,
I think a lot can be done to improve the lighting, just by eliminating some of the palm trees. There
are some palm trees within three feet of the light posts, which makes no sense at all. Nothing
should be planted within ten feet of a lamp post
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Mr. laizzo asked, "Mr. Petty is it possible that the engineer can tell us that they can slice
the lamp post below the trees"? If it is above the trees you cannot get the lumens that way. Each
lamp has to be looked at differently.
Mr. Domenie stated, "I think that would be much too expensive".
Mr. Petty stated, "At the beginning of the meeting we talked about working with the
residents and in particular, the Foundation". I think it is a plus to have access to such a wide
input of residents that the Foundation can give us. We are talking about subjective issues, not
straight-forward engineering issues, which we have in water management We know how much
water we have to retain, based on a one hundred, twenty-five or ten year storm event Those are
very specific criteria and are hard set rules. When we get to subjective issues, such as what type
of lighting you would like to see, would you like us to remove landscaping, which might have a
higher precedent to some residents or would you like to see light or have it stay as it is, are all
types of questions that are reason to work with the Foundation and their strategic arm. This
body would like to take advantage of that Of course, you cannot delegate your responsibility to
them, but certainly you can utilize their vast resources with the residents for input and justification
for looking at direction. We could look at a thousand things with the street lights, spending all
kinds of money for consultants, studies and plans. I think getting the input from residents, with
some direction, would be helpful. I would look at these as areas that we have to look at as a
strategic plan since nobody else can. The Clam Bay System and the Water Management System
are areas that we basically have to work out of this body. We will take public input, but I don't
think we are going to get a lot of supplemental material on how the mangroves are going to be
saved from a resident
Mr. Domenie stated, "Mr. Hoppensteadt, you have only been here a short time, but have
you heard any1hing about street lighting in the form of complaints or favorable discussions"?
Mr. Hoppensteadt replied, "I concur with comments that I have heard that they come up
anecdotally as an issue". I agree with Mr. Petty's characterization that we have not been able to
get any specifics and I also agree that there are a thousand different alliterations that we could
think about with street lights, such as changing style, lumens, lamps, etc. That is something that
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I would tread, not cautiously on, but certainly to look at getting a lot of input on. The advantage of
looking at the Foundation to say go do some research and come back and provide us some
member feedback is that we are not bound by the Sunshine Laws and we can go out and do a lot
to report back.
Mr. Burke stated, "I am in agreement with this on the lighting". Even though it pops up
once in a while, I don't see any type of mass uprising by our citizens to say that we need more
lighting. When you start to get into the maintenance issue of safety, with the landscaping that
surrounds the lights that is something that we can take on ourselves. We could look at some of
the roadways, and I do feel that the Oakmont area is dim at night
Mr. Nordhoff asked, "Why don't we ask that the Budget Committee look into the Capital
Improvement areas at improving some street lighting to those roads that do not currently have
lights"? I remember when I was on that Committee, we did brainstorming on various Capital
Projects and this would probably qualify as one of those.
Mr. Hoppensteadt stated, "You have a good resource here with the Sheriffs Department
and they have teams that go out and do these types of services all of the time". While their
perspective is from a security standpoint, certainly it would address the aesthetic and user
concerns as well. You can ask the Sheriff's Department to provide this service.
Mr. Bramson stated, "For some reason, I can recall where it has been said that we are at
the limits of our electric power as far as the lighting is concerned and for us to increase the
lighting, we would need a major electrical installation". I believe the areas such as Ridgewood
Drive are being referred to as under lit, but I think it is important to know if, in fact, this is the case.
Mr. Petty replied, "That is a very good question and your recollection is correct". We
have plenty of power; it is just like in your home. If it is a little dark in your home you get a higher
wattage bulb. We have gotten to the highest wattage bulb that we can do without having to buy
new lamps. Of course, in our system that means circuitry, conduit, etc. There are some options,
and yes, you can buy another lamp. It is just like in your home, if you have trouble reading on
your couch, you buy another lamp and put it close buy. In the single family areas, the spacing is
such as to give the desired lighting effect. It is that rural style; that is what it was designed for. It
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was designed so that people could walk and still see the stars at night. Can we look at it, yes we
can. Are there other options, yes, but most of them are going to be costly, because we are
looking at putting new poles or replacing an entire system and coming up with a new one. You
no longer have the option of just putting in a new bulb; that has already been done.
Mr. laizzo stated, "My suggestion would be to bring in an electrical engineer and tell him
that we have a light pole here where we are not getting enough light, can we cut the pole at the
base, cut it at the top or drop the lamp to improve the lighting"? We try one light, get it done and
get it over with. See if it does enhance the lighting.
Mr. Petty stated, "I have to tell you that you cannot cut pre-stressed concrete poles". You
may be able to add lights at certain heights, but you cannot cut the poles. The poles contain pre-
stressed wire and if you were to cut it, the whole structure would dissolve. We could lower the
lights by taking them off the top and try to come into the sides, but again, with pre-stressed
concrete it may not be possible to drill because of the pre-stressed wires. If you snap one of the
wires the pole must be replaced. The pole is set for one opening and to try to make another hole
may not be possible. In most cases it is not, but I don't want to say that it is impossible until we
have talked to the manufacturer to find the wire spacing.
Mr. laizzo asked, "Can we do that"?
Mr. Petty replied, "We can do a lot of investigation".
Mr. laizzo stated, "Let's take one pole to see if we can improve on it".
Mr. Connell asked, "Would it be practical to widen the arms so that you are lighting the
roadway instead of the landscaping"?
Mr. Petty replied, "Probably not". There are two things that you have to consider and you
have to go back to the engineering and design criteria, which we did go over with our electrical
designer". One issue, is that the beam that comes down is going to extend by the exact footage
that you place the arm If you place the arm out two feet, you have two more feet of light, that's it.
It is not a light that goes out to a radius and you get a multiplier. Second, the pole has been
designed for a wind velocity where it will become stable; by extending the arms you are going
outside of the boundaries of the engineered design on what it can stand during a windstorm. I
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don't think you are going to find an engineer that will certify that the pole will handle a 100mph
wind if you increase the flaps of the lights. They have to go into the same testing criteria that the
manufacturer did to certify for the 100mph wind, so now you have a modified light that you don't
know the stability of during a storm. That makes it "iffy".
Mr. laizzo stated, "Another idea on that is that they could take the wires from out top of
the pole and run them down to a point and physically bring the lights down to that point, not
cutting into the structure". Just take wires out the top, bring them down and resecure them to the
pole.
Mr. Hoppensteadt stated, "I am going to piggyback on what Mr. Petty said". Everything is
engineered; when you bring the light down you have now narrowed the scope and created bright
spots. You have eliminated the lighting coverage because they are engineered to throw light
based on height. I think you have to be specific with a consultant as to what you want to achieve,
because you can be all over the board with how you address lighting.
Mr. laizzo replied, "You provide the engineer ideas and allow him to pursue the best way
of doing it".
Corporal Carmine Marceno - Collier County Sheriffs Office - "If you want to bring an
engineer in for looking at the adequacies or inadequacies of the lighting; the Sheriff can also bring
in a team to do that". We can work together as a team and we are able to provide that service
free of charge.
Mr. Burke stated, "Rather than get into detail on this, we have addressed the subject of
lighting and if we do take it to a full Board Meeting we can perhaps start to discuss what it is we
need to do immediately". Mr. Domenie's idea on landscaping may be a good first step. Worlking
with the Sheriff in crime prevention could be a part of it. Before we get into consultants or
engineers, or any1hing like that, it could be something as simple cleaning up some landscaping.
We don't need to get into real detail.
Mr. Petty stated, "Allow me to suggest that on these considerations, and going back to
your original opening statement of working with the Foundation to the best of our ability, where
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you don't mind and would really like to see if there is a mandate from the residents, that you may
want to advance the concept for the test through the Foundation for that additional feedback".
Mr. Burke replied, "Okay".
Mr. Boland stated, "If you have lights that are too bright they are going to shine right into
the condominiums and you are going to have a real problem". A lot of people like the look that is
countrified. I have come home at 8:00 P.M. and there is nobody on the roads. Can you increase
the power to the lights without disturbing the condominiums?
Mr. Petty replied, "There are a lot of options and I think that is why we are looking for the
various opinions so that we are not going off on an option without consideration". A lot of these
areas that you are referring to can be handled with up-lighting or with some of the ballard lighting
that only comes out of the ground three or four feet and shine lights into designated areas. That
may save the landscaping, that I am sure people are going to start yelling about if they see us
cutting down trees. It may be that we can do this with some other options. I am urging you to go
through a public consideration process on this. We can come up with a lot of good ideas and
whether or not the public is going to accept them is what I would like us to test first.
Mr. Domenie asked, "Can this worlkshop ask the Sheriffs Department to do this service
survey; do we need a Board Motion, or will they do it voluntarily without our asking"?
Mr. Petty replied, "We are looking for no actions to be taken from this meeting".
Mr. Domenie asked, "Based upon what they have heard today, can they come in and do
the survey"?
Mr. Petty replied, "They have guns, I am not going to stop them"
Corporal Marceno stated, "We supply that survey at the request of any homeowner,
residential or commercial entity, free of charge".
Mr. Domenie stated, "What we should do is put this on the agenda for the next Board
Meeting".
Mr. Petty stated, "I don't want to speak for the Worlkshop, but I believe this Worlkshop is
to consider what our focus is going to be for the year and not address a specific problem at a
specific locale".
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Mr. Domenie stated, "The Board can address this at their nex1 meeting".
Mr. Petty replied, "They can look at whether or not street lights are a top priority".
Mr. Domenie stated, "I am not asking that; I am asking can the Board, by Motion, request
the Sheriffs Department to do this survey; it has nothing to do with street lighting"?
Mr. Burke replied, "Hold it for a regular meeting".
Mr. Spanier stated, "As far as I understand the remarks by the Chairman, we are looking
out to a period of ten to twenty-five years". The purpose of this Workshop is to explore the
establishment of long-term goals and objectives. When we start to talk about long term goals and
objectives, we are dealing with a matter of should we have sidewalks in some parts of Pelican
Bay. That is a long term planning issue. That is an issue that has different answers in different
areas. The context in which we are discussing lighting is fine for extremely short term action.
The question of whether the roads require some sort of sidewalk installation presents itself as a
central issue in the visioning process that the Foundation is going about and that our Board is
talking about. I do believe that we have to remember that this is our first and possibly the last
opportunity to put aside short term considerations and think about longer term implications.
There are many areas within Pelican Bay that would benefit greatly from the debate to deal with
safe foot transportation in the neighborhoods.
THE BALANCE OF MR. SPANIER'S COMMENTS ARE INAUDIBLE ON THE TAPE DUE TO
OTHER MEMBERS CONVERSATIONS
Mr. Burke stated, "To close out the lighting issue, we are all in agreement that, both on a
near term and longer term basis, the lighting situation is one that we are going to need to
address". I am not talking about replacing bulbs, but whether it is a landscaping issue in the
residential areas and that this Board starts taking a look at that.
WATER MANAGEMENT (STORM WATER)
Mr. Burke stated, "The water management system is something we get a lot of raves for".
I know we move the water all the way to Clam Bay. What if The Club at Pelican Bay wanted to
start draining off more of our water? I think that has been discussed and I am just thinking what
we could do to help the community. We don't necessarily have to run all of the water over to
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Clam Bay. If we could work with the Club in some way or other to drain some of that water,
before it works its' way out of there into Clam Bay, it is not a major issue, but something
proactive. What steps do we have to take as a Division to make that happen?
Mr. Petty replied, "It would be fairy straight forward". As you said, that has been
discussed over the years. I already have most of the information, but the Board would simply
instruct staff to get a proposal and cost for doing so and we would bring the costs for modifying
our permit or allowing for that usage to occur; who authorized it and how long it would take us to
complete. Water usage from this water management system is something this body can
consider, and should, if the Board deemed the purpose was valid.
Mr. Domenie asked, "Isn't there something in the Ten-Year Permit that permits The Club
to withdraw water from the lakes"? I seem to remember having read something to that effect
Mr. Petty replied, "There is no ten-year permit for the water management system'. It
comes up for review on a regular basis, but we refer to it as our Water Management Permit.
Mr. Domenie replied, "I am referring to the Ten-Year Clam Bay Permit".
Mr. Lukasz stated, "It was a study that was going to be done to see if there was additional
water storage in the system". That was required as part of the Ten-Year Plan.
Mr. Petty stated, "You need raw land for that because you are talking about keeping
water above the groundwater table, or the control elevation in our case". The depth of the lake
has no material value. We are looking at it from an elevation of approximately 8.5 feet above sea
level, so this is a very shallow area that we need and depth doesn't really do us much good at all.
Mr. Burke stated, "The Club has retention area ponds right now, isn't that right"?
Mr. Petty replied, "Those are our ponds".
Mr. Lukasz stated, "They have two storage lagoons". The retention ponds are part of our
water management system.
Mr. Petty stated, "All of the lakes are for retention". All of our water management system
is retaining storm water runoff, per our permit, for the three day criteria to keep water recharging
into the aquifer. We do not have the power to grant The Club or any other user, water. That
would have to come from the State because the State owns all of the water, even though we
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have a permit for stormwater retention, we don't get ownership of the water. We can handle that
issue. What has always stopped that particular option has been trying to take it from an existing
lake without lining it. To take water from an existing lake would drop the water table around you
and would cause a dead zone. If we line the lakes, to a certain level, this can be done; it is a little
cumbersome, but we can do this so that the golf course may be able to pull from that lake without
lowering the water table to make everybody else's lake bank look poorly. The concern was that
there was going to be a draw down. We can certainly look at things like that in the water
management facility. There are hard criteria that we have to do, but then there are options that
we can look at.
Mr. Domenie stated, "One of the things that we have discussed in the past, and I believe
we have provision for in the budget, is to protect the lake banks". Is this something, also for long
range planning, that we should look at all of the other lakes and ponds to see what is happening
to the banks and to see if they should be reinforced one way or another? Secondly, we
discussed fountains, and you indicated bubblers were much better. Was a bubbler ever placed at
Ridgewood Lake or are there other locations where bubblers would be an effective means of
helping to aerate the ponds and retention areas?
Mr. Petty replied, "These are all considerations of this strategic plan and are appropriate
to be discussed". It is not the hard side of water management that puts in bubblers. Those are
soft questions and are subject to the public's needs and perceptions. The water management
system works well. If we would like to improve upon it, we certainly can and now you are into the
perception of the residents and what they would like to see. It is an increased service level and
Pelican Bay has always been about increased response to the residents. There are no major
erosion concerns that we are not handling on a regular maintenance basis. We certainly have
areas where the lake cuts in, where the catfish dig holes, where we have stormwater runoff
coming out and making a little gully. We have talked about ways that we can make this almost
perfect along the lake bank. It is all a matter of engineering and money. We can consider it and
this meeting is to consider those types of ideas.
Mr. Domenie stated, "I would like to include those in any future planning".
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Mr. Burke stated, "Our stormwater runoff system is probably the least discussed area that
we have on this Board". The system seems to be a model and it worlks. There is not a lot of
need to address this issue is there? We can tweak it here or tweak it there and we can help
somebody get more irrigation water.
Mr. Petty replied, "The functionality is right on line, picture perfect, it is hard to ask for
more".
Mr. Domenie asked, "Do we have to worry about the underground pipes that connect
some of these retention areas"? Is this something that may cause problems, such as collapse or
break, over the next twenty-five years"?
Mr. Petty replied, "Not collapse or break". We do not have corrugated metal pipes, we
have concrete pipes, which have a life expectancy of approximately 100 years, but we do worry
about them and need to inspect them on a regular basis. A typical way of doing that is with
divers. You are looking for silting or clogging of the pipes and this should be done on a regular
basis.
Mr. laizzo stated, "We would also want to know if there are any anticipated problems on
the stormwater management system".
Mr. Burke replied, "Good point". Is anything anticipated or nay problems coming up?
Mr. Petty replied, "We have no red flags at this time, other than to tell you that in the very
near future, the next year or two, the Federal Government has initiated a program, which has
been pushed to the State of Florida and adopted by the County as well, and is going to be
basically a run off of the Everglades issue". Stormwater Management Systems are going to be
called "Polluters". That is going to happen in the next year or so and is going to be a national
campaign and the State of Florida s going to be its' first huge push. It is started by the EPA. We
are a system where we will be in that category and accused of being polluters when our system is
actually the model on how not to do it wrong. The people that have direct discharge, and our
neighbors have direct discharge, Vanderbilt to our north and Naples Parlk, all have direct
discharge. Seagate, Neapolitan Way and the City of Naples all have direct discharge. Very few
communities, other than those that came after Pelican Bay, that had to use our model, have
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anything but direct discharge. That, in reality, is who the EPA and State are going after, but we
will be covered with the same brush. That is the only red flag that I have to bring to your
attention. We have a very good system here that exceeds most people's dreams when it comes
to handling drainage properly. We can always try to do better.
Mr. Spanier stated, "We have noticed, especially in Oakmont, there are presently nine
tear downs with complete reconstruction and not necessarily within the preceding footprint of the
former residence". Usually about one-third to one-half of the floor area within the building is
being added. It occurs to me that in the context of this conversation that the mere replacement of
homes that were built as long as twenty-five years ago, are going to alter the land coverage that
paved and improved areas now provide as a barrier for the recharge. Is there anything in the
existing process that requires a serious review of the stormwater management impact of these
tear downs and building of new structures in the future?
Mr. Petty replied "Yes, there is criterion in the current permit". It is called
pervious/impervious relationship and is a 60/40 percentage. I can tell you that the inventory is
such now that we have quite a bit of room to move. The densities in Pelican Bay are below those
anticipated by the stormwater plan and our pervious area is more open than what the stormwater
system was built for. There is nothing on the immediate horizon for concern, although it is the
responsibility of this body to monitor that As construction comes back to us in a rebuild, those
questions need to be in our mind. The review is done by the County. Staff does internal review
of new construction and rebuilding is done by the County, I believe under Planning and Zoning or
Building and Permitting.
Mr. Spanier stated, "The Foundation's role in this through Ms. Agnoli is not really a
review". Their visioning process would not address that. Should we be looking into that? I
personally have not seen anything come to this Board that required a review of the stormwater
impacts, yet I can take you to a dozen houses.
Mr. Petty replied, "There is a great deal of latitude there", We can look at single family
homes and the square footage and you know we have some homes around 2,800 sq. ft. and
others of 5,000 sq. ft. We have a lot of room here and is something that we should be aware of
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and make sure that we keep our thumb on the pulse, but I don't see any1hing that should be
brought to your attention at this time in that regard.
Mr. Burke stated, "Any comparisons with the Pine Ridge problem are not really valid
because they did not have a good system to begin with". They have built monstrosities in Pine
Ridge.
Mr. Petty relied, "They did not have a drainage system to begin with and had direct
discharge to ditches".
Mr. Spanier stated, "There is a runoff right across the highway into our system". In the
end, it is Clam Bay that is the receiving area. Again, it is disturbing to me to walk by the house on
Shadow Lake Lane where a modest sized house was torn down and a house that has at least
twice as much coverage area was constructed so that it has an entrance and view of the lake, as
well as on Shadow Lake Lane. Yet, nothing ever came for even cursive review of this Board that
has to do with the acceptability of that whole change on our stormwater management system.
Mr. Petty stated, "When that home was built, it was not reviewed by staff either". The
criteria for the impervious/pervious had to be adopted by the County and the County is the one
that goes through and enforces. The District, our predecessor, did not have enforcement powers,
only the County has that and Special Districts are not granted that power. This body does not
have that power and we rely on the County, general purpose Government, to review that criterion.
We are under the same review criteria, under a rebuild today, as we were under the original build
of yesterday. It is something that we want to make sure is not abused or forgotten, but I think we
are being handled very well.
Mr. Spanier asked, "Is this Board not in the loop for that"?
Mr. Petty replied, "No, not for single family homes". For commercial projects and multi-
family developments, typically the Division will review that".
Mr. Domenie asked, "Based upon what you say, will we be approached regarding
Nordstrom's if they decide to build over one of the retention areas"?
Mr. Petty replied, "We have talked about that in the past and if they wish to come over
any District facility, they have to come before us".
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AMBIENT NOISE MANAGEMENT
Mr. Burke stated, "Does anybody know what Ambient Noise Management means"?
Mr. laizzo replied, "That started when we did the berm along U.S. 41". At that time I
made an issue about the noise and that the berm should be redone with that in mind, with heavy
vegetation to minimize the noise and pollution coming off of U.S. 41. That is how it all started, but
I don't know where you are going to go with it today.
Mr. Burke asked, "How long has that been in our Ordinance"?
Mr. Petty stated, "Most of the land under the berm is Foundation property". The issue
was how do we address it to a long term project and the Foundation came to the District looking
for ways of addressing it? The Ordinance was changed at that time to allow for it.
Mr. laizzo asked, "How about motorcycles that are running through the neighborhoods"?
Can we control that issue?
Mr. Petty replied, "No, that is an enforcement issue".
Mr. Domenie stated, "I think the only time noise management will come up, is in a few
years when U.S. 41 goes to eight lanes and then we may want to put up a wall".
Mr. Burlke stated, "One of the things that came out of all of those discussions was that the
FOOT would do the engineering and testing and if they came back and said that we had a
problem, we would have had no choice at that point, other than that they would put up a big wall.
Mr. laizzo stated, "I understand that they redo that study every seven years". The
homeowners who live in the 800 block were taking decibel tests at that time.
ETXRAORDINARDY LAW ENFORCEMENT
Mr. Burlke stated, "I consider this to be one of our important responsibilities". We are out
of the 24/7 Sheriffs coverage and that is no longer an issue. One of the things that is clear is that
we have a tremendous resource in the Sheriffs Substation and their community policing people.
On an on-going basis, I can see this Board continuing to maintain that contact and continue to
work with the Sheriff.
Mr. Nordhoff stated, "With Corporal Marceno gone from the meeting I cannot address this
question to anybody, but maybe Mr. Petty can provide as answer". We used to have patrol cars
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with radar giving warnings and tickets along Pelican Bay Boulevard. I don't see any of that any
longer and I walk Pelican Bay Boulevard most every morning. I sorely miss it and I know people
are not adhering to the thirty mile per hour speed limit. Maybe we can appeal for an occasional
car with radar. I know it is not there and it used to be when we were paying all of that outlandish
money.
Mr. Bramson stated, "They are still sitting in certain areas watching people".
Mr. laizzo stated, "They hang out at St. Lucia, where there is full stop at the intersection
of Pelican Bay Boulevard and Gulf Park Drive". They have been stopping those that run the stop
sign, but they are not out there running radar on speeders. The most we have had is the Smart
Trailer.
Mr. Burke stated, "I have not seen the decoy car recently either".
Mr. Domenie stated, "It was parked at the Breakwater for about two weeks". I think you
touched on something with the extraordinary law enforcement services and one of them came up
today when Corporal Marceno said that they can do a light survey. Perhaps there are other
services that they provide that we are not aware of. I know we have lectures by them, but there
may be services that we are not using.
Mr. Burke stated, "One of the hopes of the Community Awareness Program is that the
Sheriff wants to use this as a model to go into other communities in Collier County". Maybe not
exactly what we are doing because all communities are different. The Sheriff has something at
stake in this program and they can see themselves taking it elsewhere. As this task force has
progressed, one of the things that they want to address with this is to break Pelican Bay into three
coverage zones and put on trained volunteer Community Observers. There would be three cars
patrolling and each car would have two volunteers, you and me as an example. That's right; we
could not do it together.
Mr. Boland stated, "Most of the speeders are people using this as a short cut". I walk
Pelican Bay Boulevard and I will guarantee you that out of ten or eleven cars, possibly two might
stop for the stop signs at the intersection of Pelican Bay Boulevard and Oakmont Parkway. They
do not even make an attempt to stop. To me it is an accident waiting to happen. I don't know
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how to get the message out and I guarantee you that these people do not live here. We need
something to put the fear of God in these people, so that they have to stop. If you go through the
crosswalk you can get killed. I don't think half of the people know that you are supposed to stop
for pedestrians in crosswalks. At the entrance to Bay Colony, the workers take up one entire lane
and the other lane is for bicyclists. If you honk your horn they flip you the finger and the cars
cannot use the roads, it is ridiculous.
Mr. Burke stated, "One of the things that ties into the sidewalks is public safety". It could
be that the Visioning Committee could come up with a request or recommendation that we put in
brick paver crosswalks at key intersections and is something that we would need to be ready to
address. That would not come cheap. I think that is one of the items that they have already
looked into and I don't know where they are with it.
Mr. Burke continued, "We have talked about the continued relationship with the Sheriff
and utilizing them to a great degree". We also talked about traffic and speeding. Another issue
that will come up, and Mr. Hoppensteadt and I have talked about it, is the use of technology. This
is something we are going to need to look at and address somewhere down the line. Will there
be an opportunity to use technology in crime prevention and I am not talking a big crime wave,
but cameras. What is the possibility with cameras? Modern technology has amazing things that
can take place. I know Mr. Hoppensteadt and the Foundation are looking at some of it, but will an
opportunity come up to use cameras at key intersections and entrances or exits. What would
those cameras do?
Mr. Bramson asked, "How many burglaries do we have in Pelican Bay".
Mr. Burlke replied, "I don't know, but if Corporal Marceno were here he could probably tell
you".
Mr. Bramson asked, "Is it a significant number"?
Mr. Spanier replied, "We have at least twelve to fourteen during the summer months".
There are at least a dozen that I know of personally that have happened during the summer.
Mr. Petty stated, "We are again going to the resolution and today's meeting is not about
resolution". Pelican Bay is a target because it is an upscale community. For those people that
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are in this business, you are a target and you need to protect yourself. I believe that the recovery
rate is very good and the Sheriff has a very good prosecution rate here in Pelican Bay, but you
can't let your guard down. You are a target.
Mr. Boland stated, "When Bay Colony was under construction, the workers had to use
the back entrance and there was not much trouble". Why can't you tell Bay Colony that they have
to bring their traffic in the back? Can we do that?
Mr. Petty relied, "Being public roads we cannot". The roads have to be open to the
public. During construction we may be able to tell our contractor what to do, but we could not tell
the general public what to do. As your Chair told you, there is new and old technology that you
can use to address this issue and the concept of monitoring license plates of who enters and
exits Pelican Bay, and not have someone sitting there taking down numbers, during a significant
event you could possibly have some evidence that you could use. That is some of the technology
and is a very good visioning item.
Mr. Burke stated, "Not getting into the solutions or resolutions today, but in future Board
Meetings, segments of this extraordinary law enforcement is going to come out, whether it is
three community cars with volunteers or technology proposals. We have a resource with the
Sheriff, which can be very helpful in directing us with those kinds of things. Those will all be
coming in front of us as various agenda items. We are a target marlket among opportunistic bad
guys. We are addressing, through the Task Force working with Mr. Hoppensteadt and his
people, enforcing the covenants that the Foundation and the various associations have, in terms
the use of vendors. There are requirements that they have licenses and insurance. Everyday,
when I leave my place I see unmarked work vehicles. Other than a landscaper, I don't know
when I see a marked vehicle. That is a requirement. These are the kinds of things we will be
seeing on our agenda during the year. I don't think we are subject to any kind of a crime wave,
but there is no problem in being proactive and looking at this issue now while we have the
opportunity.
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Mr. laizzo asked, "Do you feel you ought to go to the community to see what kind of a
feedback you would get on it"? Are you going to make this independent of what the community
thinks?
Mr. Burke stated, "We started with the Men's Coffee; the President's Council will be good
feedback". When we take the program through the President's Council out into the individual
associations, there will be good feedback.
Mr. laizzo stated, "I could not support it unless the community wished it".
Mr. Connell stated, "There is no substitute for the individual taking responsibility". You
cannot go off and leave your door unlocked and expect everything to be okay. You cannot give
keys to a work man and wonder if he will have copies made. People have to be constantly
reminded. You cannot leave your purse on the front seat and leave the car unlocked.
Mr. Burke stated, "You take a gated community where there is a code to enter, you
provide it to someone to come in and take care of your place and that person has the entry code
and what do they do with it"? As an example there was a series of break-ins at a gated
community and one of the things that they did was interrogate the locks to see who may have
been coming or going and during what times. It gets interesting. We have covenants throughout
Pelican Bay who dictate the vendors and we will try to get the individual associations to enforce
them. You are right; there is no substitute for an individual paying attention.
COMMUNITY BEAUTIFICATION
RECREATION
SIDEWALKS
STREET AND MEDIAN AREAS
IDENTIFICATION MARKERS ISIGNAGEI
Mr. Burke stated, "This is a big part of what we do". I am not sure what Recreation is,
but a lot of the items like sidewalks, street and median markers and identification marlkers are on
our monthly agenda anyway. Within that, there are some areas that we are going to need to
address on a long term basis. The identification markers and sidewalks will be addressed.
Mr. Nordhoff stated, "I believe that this is difficult because beauty is in the eye of the
beholder". What is beautiful to some is not to others, and I remember the Oakmont Lake fiasco.
The further we go into what we determine the community wants; the more risk we run in going
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down the road. I think we need to be constantly monitoring the community, if not with survey, but
what we hear individually and/or from the President's Council and places like that. It is a very
difficult area.
Mr. Domenie stated, "Under Recreation, a lot of this falls under the Foundation, but is
there a possibility of placing bike racks at Ridgewood and Oakmont Parks"? Also, perhaps a bike
rack near Oakmont Parkway, so that people can ride their bikes, park and then walk the lake.
These are just some thoughts. Possibly, more benches along the various roadways, but of
course there you get involved with private property, as well as, public property. That is something
that we should look at.
Mr. Hoppensteadt stated, "Those are some of the collaborative things we can work on".
There may be areas such as the Oakmont Lake where the Foundation is very comfortable
stepping back and allowing Mr. Lukasz do his thing in that area. Things such as bike racks and
benches; where the resources are stronger with you than they are with us, to find a separate
contractor. As long as the communication is good I think the answer is yes.
Mr. Domenie stated, "These are just some thoughts".
Mr. Burke asked, "When we talk Recreation, what do we mean". Is Okamont Parlk walk
recreation?
Mr. Petty stated, "When we put benches in our rights-of-way that is not landscaping; we
call it recreation". We don't have a strong recreation program, it is just passive. We do not
compare to the Foundation, who has the beach and restaurants.
Mr. Bramson stated, "Every time I drive into Pelican Bay I am amazed to see how nice
Pelican Bay looks". If you were to say our long range plan is to maintain the niceness for the next
twenty years that would be a great plan. This is really a well-designed, beautiful area.
Mr. Domenie asked, "Who maintains the swings at Oakmont Park"?
Mr. Hoppensteadt replied, "Technically, it is the Foundation's responsibility". It may be an
area that has fallen through the cracks.
Mr. Domenie stated, "I am just worried in case somebody falls and gets hurt, that you are
aware that we are not maintaining those swings".
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Mr. Burke stated, "Ridgewood Park is a County Park".
Mr. Petty replied, "It is a Foundation Park". The only County Park is located across from
the fire station at Hammock Oak.
Mr. Burke stated, "County Parks and Recreation maintains that site". From a time
standpoint, are the paths called sidewalks or walking paths?
Mr. Lukasz replied, "Bike paths".
Mr. Petty stated, "Pathways".
Mr. Burlke stated, "That allows bicycles to use it".
Mr. Petty replied, "That keeps all of your options open".
Mr. Burke stated, "I don't want to skirt over these, but they could be subjects for future
workshops". Are there any comments on sidewalk issues?
Mr. Nordhoff stated, "I remember a couple of years ago I brought up the subject about
being almost run down and felt bikes should not be on the sidewalk". At that time the bikers said
they were in danger in being on the road and wanted to be on the paths. I would personally like
to see them off of the pathway. Does the law state that they can be on the pathways?
Mr. Petty stated, "The pathways along Pelican Bay Boulevard and Gulf Park Drive were
designed to host both foot and bicycle traffic". The residential areas are different; they were
designed for foot traffic only. There is a difference by design, but not by law. We have talked
about bicycle lanes and that is something that is going to come and go from time to time. By any
stretch of the imagination, it is not a safer vehicle. There are pros and cons to both sides.
Mr. Connell asked, "When you talk about design, do you mean asphalt over concrete"?
Mr. Petty replied, "No". Since I have been here since the early days, I can remember
they were built wider under the intention of being both foot and bicycle traffic. There were even
advertisements in magazines showing the family on bicycles on the pathways. That was on the
main boulevard. It was expected that the side streets would have very little traffic, so that people
rising bikes would have no difficulty at all. The bikers have come before this Division in the past.
These are what I would call "hard core" bicyclists and are going to go for twenty-five miles and
are a train of bicycles, not one rider. Our system was not designed to be a sports facility and
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these cyclists are athletes. We were not designed for that, you would have to do something new
to handle that. If you are just talking about the family going out for a little bicycle ride to look at
the lake or to get down to the beach, we are designed to handle that on the pathways.
Mr. Boland stated, "As I go around these pathways there are areas where the tree roots
have popped them up and people are discouraged by that". That is nature and you can't control
that I think we had the discussion a couple of years ago about not having enough space to put in
a bike lane on the roadway.
Mr. Nordhoff stated, "The streets were not wide enough to have a no-mans zone".
Mr. Hoppensteadt stated, "The Strategic Committee has looked at this and have received
information from FOOT that if we wanted to, there is enough room on Pelican Bay Boulevard to
have two lanes and a bike path". The FOOT referenced us to The Vineyards that has the same
width roads, with two lane traffic and one bike path. The Foundation has gotten a lot of
comments with regard to the bike paths. We find that adult bicycles and four person bikes are
appearing more and more and they are taking up the entire pathway. We are struggling right now
with bikes on the berms.
Mr. Connell stated, "We went through this a number of times, and my recollection is that
the lanes had to be twelve feet in width, which did not leave enough existing roadway for bike
lanes".
Mr. Nordhoff stated, "They must have changed their tune because they told us a four foot
bike path required a two foot no-mans land, an eleven or twelve foot roadway and what would be
left would be hash marked because it would be less wide than the required width and we failed.
Mr. Spanier stated, "I think we have gone through this issue three or four times". The
practical considerations have to do with the fact that work crews have to position themselves to
maintain the medians. Unfortunately, that constrains traffic from time to time for the safety of the
workers. The other thing is that the entrances and entrances to some of the gated communities
have been designed in such a way that there tends to be a small cue that accumulates for several
hours when people are coming and going to work and semi-disables what would be the bicycle
lane as a safe means of passing those entrances and exits without endangering the bicyclists and
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the motorists trying to squeeze through the most congested lanes of traffic. The solution was not
forthcoming for the bike lanes.
Mr. Hoppensteadt stated, "I understand what you are saying and I would suggest that
Vineyards Boulevard has the same configuration and dynamics and they have the bike lanes
there".
Mr. Burke stated, "I often thought the best solution would be to take one of the travel
lanes and paint it green, which would cut us down to one lane of traffic both north and south,
which would eliminate the cut through people". I am sure there would be hurdles there to do
that.
Mr. Petty stated, "I think we are looking at resolutions to problems again".
Mr. Burke stated, "Rather than short this Community Beautification, we should move that
to another worlkshop". I see that as an area that lends itself to collaboration with the Foundation's
Strategic Visioning Group because these are some areas, if they haven't already, that they are
going to be getting into. I would like to table most of this to another workshop.
Mr. Burke stated, "Yesterday at the Board Meeting we got into signage and identification
marlkers".
Mr. Spanier was just talking about signage at Oakmont Lake, but this is a
responsibility throughout Pelican Bay for street signs.
Mr. Petty stated, "All signage within the Pelican Bay Public Right-of-way is part of our
oversight". There are other signs that are maintained by the associations and the Foundation.
Mr. Burke stated, "A community like the Oakmont Lake Group has a concern about the
walkway and they petitioned us to do something about the marlkers". This comes under the area
of signage that we are responsible for.
Mr. Petty replied, "This comes under that gray area". The PBSD has maintenance
easements around the lake, which is where these facilities are and certainly if the residents
request it, we can provide this improvement. I would not say that it was under our street sign
responsibility; it is more in addressing global area resident's requests.
Mr. Burke asked, "Is that something they would be requested to pay for"?
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Mr Petty replied, "If it is not a material deviation from the budget you would not". If it
was, you would provide a special assessment on that one locale for that special benefit that they
receive.
Mr. Domenie asked, "Are you saying that for those five street signs we would do a special
assessment"?
Mr. Petty replied, "No". If they have asked for five pavilions at a cost of $15,000 per
pavilion, that is a material change from the budget and since it was only meant for a specific area
of Pelican Bay, we wouldn't want everybody to pay, so you would create a sub-assessment area".
Mr. Hoppensteadt stated, "The Foundation could ask Mr. Lukasz to explore the expense
in conjunction with the covenants and appearance, and we could report back and make the
request of the Board at the next Board Meeting to do it". It is certainly an area that has a lot of
access.
Mr. Burke stated, "I do not see a lot of need to get into the Clam Bay and Conservation
Area at this meeting". We have been into that one quite heavily and there will be more to come.
Mr. Nordhoff stated, "I almost hesitate to bring this up". Does Dr. Buser have an agenda
and is it not to get sizable power boats onto that body of water to enhance the Seagate properties
as dock properties? I am not dreaming am I? This person is using all of these excuses of what
we haven't done, to supposedly get bigger boats on the water.
Mr. Domenie replied, "Dr. Buser has stated officially, that if he can get access for boats to
the docks, their property values would increase 40%-50%". That is his goal.
Mr. Nordhoff asked, "Can't we cut him off'?
Mr. Petty stated, "This item was not an agenda item". I think it is topical, but it may be
unfair to discuss it where the public may have wanted to attend.
Mr. Nordhoff stated, "I just wanted somebody to confirm that I am not dreaming".
Mr. Petty stated, "There is one item that staff wanted to bring to your attention and it a
procedural one". As the Board becomes more and more active in the matters of the Division and
in Pelican Bay and as you send correspondence out, please keep in mind that the Pubic Record
Law states that as soon as a document is created, whether it is typed in your computer or written
6698
Pelican Bay Services Division Workshop
January 4, 2007
1611
B
on a note and stuck in a desk, that is a public record. If you supply that to Mrs. Barbara Smith,
she is the person that all public requests would have to go to and if you are the keeper and the
only keeper of these documents, public requests from the public have the right to come in and
look at it in it's stored space, which means your personal computer or on your personal desktop.
We urge you, as you get involved in this, to copy the correspondence back to Mrs. Smith.
Mr. Domenie asked, "What happens if, as an example, Mr. Suitor sends an email to Fish
and Wildlife and sends a copy to me"?
Mr. Petty replied, "As long as it sits on your computer, it is a public records document.
The termination of how long it sits on your computer is called "Administrative Value".
Mr. Domenie stated, "It is already on Mr. Suitor's computer".
Mr. Petty stated, "You are responsive as well". Even though it is a copy, it does not
matter.
Mr. Connell asked, "Content does not enter into it at all"?
Mr. Petty replied, "No".
Mr. Connell stated, "If I wanted to say good morning to someone on the Board, couid
someone get an order and come onto my computer and look for that note"?
Mr. Petty stated, "In a court of law, they can come right into your house and examine
everything on your computer right now". As an entity, working for a government agency, that is
one of the rights that you have given up. They have a right to come in and look for public records
on your computer. A Public Records Request is from someone who wants to possibly find out
about discussions on street lights, as an example, and would typically come to the Recording
Secretary, Mrs. Barbara Smith, and ask for that. Mrs. Smith is the keeper of our documents. If
that doesn't meet his satisfaction, he may ask for all public records available on your computer,
which he has a right to get
Mr. Connell asked, "Even though I sent it to Mrs. Smith and asked her to send it on"?
Mr. Petty replied, "No, if you have sent the document on to the District, you can refer him
back to the office of the Division that handles the public records". It is only when it is not in the
depository that is where you are subject to that internal look. If you say you have no public
6699
Pelican Bay Services Division Workshop
January 4, 2007
16 , 1
B
records of that kind, the option is to go to a court of law and get a subpoena to have an
independent Sheriffs Officer or Attorney General to come in and do an examination and render a
determination.
Mr. Spanier asked "Does that mean that there is no presumption of probable cause"?
Mr. Petty replied, "That is why you go to the Attorney General to get that ability to send
an enforcement agent to investigate and they have to have just cause to do so".
Mr. Spanier stated, "In a fishing expedition...."
Mr. Petty replied, "Forget about a fishing expedition; we are talking about discussions in
public meetings where we talk about correspondence coming here, back and forth, I received this
email, I sent an email to Fish and Game, etc." When you start making those statements you get
more and more involved, you are the one setting the precedent that says I am keeping public
records in my possession. That is why I am recommending to you that, as much as you can,
forward any1hing material to Mrs. Smith and if the ad ministerial value is over once you have read
it, get it off your system.
Mr. Hoppensteadt stated, "As a side, from past experience I think you should also be very
careful of what meetings you attend outside of this particular meeting". I reference the one that
Mr. Domenie is going to attend, because Dr. Buser could do the same thing to him because of the
power that you gave him as a Board.
Mr. Burke stated, "These meetings are going to be open, noticed and recorded
meetings". That means that we could all sit on that meeting.
Mr. Petty stated, "The only reason I am bringing this up is that you are a very active
Board and this is what staff has to do when we communicate and when you start to do some of
these functions, we need to let you know what you are being exposed to as well".
Mr. Burke stated, "If we get things from various County people regarding our business,
should we forward them to Mrs. Smith and it is on record"?
Mr. Petty replied, "Yes and if it is just a meeting notification such as time and the
administrative value is gone as soon as you have read it, then disregard it".
6700
Pelican Bay Services Division Workshop
January 4, 2007
1611
Mr Burke stated, "I am going to put together a point summary of this meeting, which I will
send to Mrs. Smith and she can forward to everyone". This is a good start and I hope we all got a
little out of it. One of the intents is to hash through some items, so that we do not have to hash
through them at a Board Meeting. Perhaps this will help us set up some agenda items for the
next few months.
ADJOURN
There being no further business the meeting adjourned at 11 :30 A.M.
James Burlke, Chairman
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1611 B
CLAM BAY RESTORATION AND MANAGEMENT
BIOLOGICAL MONITORING REpORT
TURRELL & ASSOCIATES, INC. -SEVENTH ANNUAL REpORT
LEWIS ENVIRONMENTAL SERVICES, INC. - REpORT NUMBER 9
IN FULFILLMENT OF:
DEP PERMIT # 0128463-001-JC
UNITED STATES ARMY CORPS OF ENGINEERS PERMIT# 199602789 (1P-CC)
FOR: THE PELICAN BAY SERVICES DIVISION
~
December 2006
1611 B
TURRELL & ASSOCIATES, INC.: Todd T. Turrell, P.E., Tim Hall,
Cloe Waterfield
3584 Exchange Ave, Suite B
Naples, FL 34104
Tel: (239) 643-0166
Fax: (239) 643-6632
E-mail: thall@turrell-associates.com
Baseline report, #1: pre-dredging spring 1999
Time zero report, #2: post-dredging summer 1999
First Annual report, #3: one year post-dredging fall 2000
Second Annual report, #4: two years post-dredging fall 2001
Third Annual report, #5: three years post-dredging fall 2002
Fourth Annual report, #6: four years post-dredging fall 2003
Fifth Annual report, #7: five years post-dredging fall 2004
Sixth Annual report, #8: six years post-dredging fall 2005
Seventh Annual report, #9: seven years post-dredging fall 2006
LEWIS ENVIRONMENTAL SERVICES, INC.: Roy R. "Robin" Lewis, III,
Michael J. Marshall, Ph.D.
P.O. Box 220005
Tampa, FL 33622-0005
Tel: (888) 889-9684
Fax: (813) 649-1425
E-mail: LewEnvSvcs@aol.com/cstlcnsrt@aol.com
Baseline and time zero reports, #1: pre and post flushing channel construction in the die-off
area, 1997
First Annual report, #2: one year after flushing channel construction, 1997
Second Annual report, #3: two years after flushing channel construction, 1998
Third Annual report, #4: following additional flushing channel construction in 1999 and 2000,
2000
Fourth Annual report, #5: following additional flushing channel construction in 2001,2001
Fifth Annual report, #6: one year after flushing channel cuts in 2001, 2002
Sixth Annual report, #7: two years after flushing channel cuts in 2001, 2003
Seventh Annual report, #8: three years after flushing channel cuts in 2001, 2004
Eighth Annual report, #8: four years after flushing channel cuts in 2001, 2005
Ninth Annual report, #9: time zero plus 9-year report, 2006
161 1 B
CONTENTS and FIGURES (given in italics)
Turrell & Associates. Inc. Sixth Annual Report
Lewis Environmental Services Report #9
1.0 Introduction to the Sixth Annual Report
1.1 2006 work completed 1-2
2.0 Mangroves
2.1 Turrell & Associates monitoring 3-4
Plot Locations 5
Seagrass Transects 6
Mangrove die-off and stress acreages 7
Aerial Calculations 8
Plots I-II: graphs and descriptions 9-18
2.2 Lewis Environmental Services monitoring 20
Discussion 21-22
Batis cover chart 23
Rainfall chart 24
Plot photographs 25- 30
3.0 Seagrasses
3.1 Methodology 31-32
3.2 Data 33-38
Transects 1-9. summaries
Graphs and descriptions for transects I, 5-9
4.0 System Overview
4.1 Aerial Photography 39-43
4.2 Hurricane Wilma 44
4.3 Mangroves 45-47
4.4 North tram replanting area 48-49
5.0 Bathymetric Monitoring 50
6.0 Water Quality Summary
6.1 Sampling results 51-56
6.2 Conclusions 57
7.0 Conclusions 58
8.1 Mangroves 58
8.2 Seagrasses 59
8.0 2007 Focus 60-61
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16/1
I
B
1.0 INTRODUCTION TO THE SEVENTH ANNUAL REPORT
The Florida Department of Environmental Protection permit #0128463-00I-JC and
United States Army Corps of Engineers pennit #199602789 (IP-CC), authorizing
restoration activities in the Clam Bay system, make annual monitoring through fixed
vegetative survey of the Clam Bay system a special condition of the pennit for ten
consecutive years. This report presents Year 7 of the schedule with the final due in 2008.
The annual monitoring conducted within the system consists of three distinct
components. The first is hydrographic monitoring and analysis of bathymetric and tide
gauge data. This is conducted to monitor the status of Clam Pass and analyze the
effectiveness of the pass to keep itself open. The second component is water quality
monitoring. Monthly monitoring of water quality parameters is conducted and results
analyzed for trends in improving or deteriorating water quality within the Clam Bay
system. The third component of the annual monitoring is biological. Monitoring of
vegetative plots is undertaken to measure and analyze recovery of the mangrove die-off
areas. The analysis of this third component comprises the bulk of this report though
summaries of the other two are also presented. More detailed reports on the water quality
and hydrographic monitoring are produced by the sub-consultants responsible for those
elements, and are included as attachments.
Biological monitoring consists of eleven mangrove monitoring plots, scattered
throughout the system and nine seagrass transects set up by Turrell & Associates Inc., in
addition to the eleven plots in the original die-off area surveyed by Lewis Environmental
Services, Inc. Background and methodologies of the monitoring are provided in
following sections.
In section 8.0 the focus of work and recommendations of specific tasks for the coming
year are described. The scope of work has been developed based on the results of
monitoring surveys and through collaboration with the consultant team, regulatory
agencies and staff of the Pelican Bay Services Division.
1.1 2006 Work Completed
A focus for additional work to be carried out in 2006 was presented in the
concluding sections of the Sixth Annual Monitoring Report. This included the
following items that have been successfully completed:
I) Clearing of fallen trees within the main waterways
2) Exotic and nuisance vegetation removal.
3) Monitoring of the cattail and restoration areas along the berm.
4) Post-storm inlet bathymetric survey.
5) Ongoing monitoring and maintenance of the existing flushing channels.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 II 2B
6) Establishing two additional tidal monitoring stations.
7) Planning a pre-condition beach survey.
8) Continued year-round monitoring of the system.
The overview for 2006 was that of steady progress in the mangrove recovery process. A
non-eventful hurricane season allowed areas that were impacted by storms in 2004 and
2005 to continue naturally on the road to recovery. Efforts undertaken thus far still
appear to have been successful, particularly construction of the flushing cuts. Additional
emphasis has arisen in the past year with regards to seagrass survival and monitoring
within outer Clam Bay and this will be discussed in more detail in the seagrass section of
this report (Section 3.0). This is a highly complex estuarine ecosystem and continued
diligence is needed to monitor the ongoing recovery of the mangroves both within the
die-off areas and throughout the system.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16/1
B
2.0 MANGROVES
2.1 Turrell & Associates Inc, Seventh Annual Mangrove Data: Graphs, Pictures
and Plot Descriptions
Methodology
To effectively monitor mangrove health and changing conditions over the life of
the permit, fixed plots were established throughout the system. Approximate plot
location was determined from examination of low elevation aerial photographs
and finalized upon ground truthing. Initially, 10 plots were established and
monitored. In 2002, an additional plot was added in a new lightning strike zone
and one plot in 2006 was removed due to overall success of the plot. Locations
are illustrated on the attached map (Figure I). Primary considerations in plot
placement were as follows:
. To provide a spread of plots throughout the system
. To supplement, without duplicating, the work of other researchers
. To monitor areas of special concern such as small additional die-off or
stressed areas
. To fulfill permit requirements
The previous monitoring work of Lewis Environmental Services entailed eleven
10m x 10m permanent quadrats within the main die-off area, in the north-west
portion of the system. Turrell & Associates has established an additional II plots
and has the option of establishing additional plots should the need arise. The
Conservancy of Southwest Florida was carrying out an additional research effort
to monitor mangrove re-growth in Clam Bay following the restoration work. No
data analysis for the Conservancy's monitoring is included in this report.
Each Turrell & Associates monitoring plot is a measured 10 m x 10 m square
staked at each comer and marked in the center point with labeled PVC piping.
Monitoring activities included enumeration and mapping of living and dead trees
with diameters at breast height (DBH) recorded for all living trees with a DBH
greater than 2.5 cm. Seedlings were identified by species and numbers were
estimated by count or percent cover (where high numbers make individual
enumeration difficult). In 2003, each measured tree was tagged and marked with
a number to allow for easier tracking of individual trees as well as to allow more
specific comparisons over time. Any saplings that grow to sufficient size (>2.5
cm DBH) between monitoring events are added to the tree counts and receive tags
and numbers as well.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16/1
B
Photographs were taken and any additional observations, including standing
water, wildlife or signs of stress are noted. Time, tide, and prevailing weather
conditions were also noted for each survey.
Additionally, meandering transects were walked throughout the system to inspect
stressed areas or to observe areas of concern related by residents of the
community or through examination of aerial photographs. These surveys are
conducted throughout the year as needed. Observations made during these
pedestrian transects are noted in the general biological discussion of this report.
Results
See attached sheets. Plot discussions have been included on the same page.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16511
B
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Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
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Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611 B
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Biological Monitoring
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Lewis Environmental Services, Inc.: Report #9
December 2006
16 181 B
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Clam Bay Restoration and Management
Biological Monitoring
TurreU & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16101
8
2.2 Lewis Environmental Services, Inc.: Mangrove Data
Methodology and additional data for Lewis Environmental Services is attached
separately in their report, and will not be repeated here for brevity's sake.
Photographs and discussion from the LES report are included on the following
pages. Tree census results are graphically depicted in the attached report, along
with actual numbers of mangrove shrubs per plot.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 Ll1
8
Lewis Environmental Services Inc. provides the following discussion of their results:
Annual rainfall amounts from 1996 through October 2002 have been less than the exceptionally
heavy rains of 1995 when many large and small trees died. This factor alone probably
contributed greatly to the start of the recovery process seen during 1997and which apparently
continues through 2002. In 2003 rainfall exceeded, by several inches, most of the previous years
yet the mangroves within the Strand impacted area continue to thrive. This success in survival
throughout the wet season is undoubtedly due to the construction and maintenance of the
flushing cuts throughout this area. Rainfall in 2004, despite the hurricanes which passed the
project area, was less (through October) than the previous years.
Since the forest floor within the entire forest is virtually level the success in forest regeneration
that we have seen near the Strand is due to the network of small flushing cuts that have been dug
throughout most of this area. Each channel, due to the level topography, can only drain a small
zone. It is within these narrow zones, on each side of most channels, where mangroves have
recruited successfully and which continue to grow. Two large areas, east of the main North
South channel, where flushing cut networks have not yet been dug remain stressed with little
sign of recovery. Flushing cuts will be dug in these areas within the next 2 or 3 years. The dense
growth of mangroves in and around Plots I and 3 contain a mixture of red, black and white
mangroves. At present the white mangroves are most abundant but this seems to be a pattern
typical of natural recruitment of mangroves in similar areas throughout the Clam Bay area.
Casual observations on small areas that have been damaged by lightening strikes show that the
first mangroves to recruit to the openings are usually whites. Eventually these are out competed
and replaced by blacks and or reds.
During 1999 Batis maritima died out over much of the forest floor. By October 2001 it
recovered again across most of the forest floor and within the boundaries of most of the LES
monitoring plots. Presumably the 1999 die-off was due to the large amount of rainfall in this area
as recorded at the Pelican Bay Golf Course during September 1999. Direct rainfall and heavy
runoff from upland developed areas around Clam Bay presumably combined to hold water levels
above the tolerance levels of Batis. LES staff has witnessed water flowing, from the sprinkler
systems on the condominium grounds, across the Strand road into the mangrove forests. The
control plots (9, 10 and 11) and Plot 8, due to shading from an intact mangrove canopy, were
never covered by Batis. After the flushing channels were dug in the main die-off area, to the east
of the Strand, Batis quickly recovered. Due to the change to a once per year monitoring schedule
we cannot accurately chronicle how quickly Batis responded to the changes in hydrology
brought about by the new channels. Batis continued. in 2005, to flourish in the plots that are not
shaded by dense tree growth. Shading by dense growth of trees has reduced Batis coverage, as
observed in 2006, in Plots I, 3, 4 and 8. All of these plots have very dense stands of mangroves
(see Appendix C Figures 1,3.4 and 8). In comparison plots 2, 5, 6 and 7 are nearly completely
covered (during 2(06) with Batis and contain few mangroves (Appendix C Figures 2, 5, 6 and
7).
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Iuc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16121
8
Prior to the construction of the flushing cuts LES staff established their locations by looking for
very wet low spots. These spots were marked with flagged stakes. This was done during the dry
season when the die-off area was otherwise dried out. The wet spots (and very soft spots)
presumably represented the lowest elevations within the forest. Most of the wet spots were
devoid of any trace of plant growth. Following the walking survey a network of small channels
were marked and later dug by a crew from Floraquatics, Inc. Some of these low spots were
adjacent to the Riley experimental plots. We attempted to avoid those areas. New flushing cuts
were dug during the summers of 2004 and 2005. Maintenance of these cuts is normally done
before the wet season begins and after storm events.
The rearrangement of the mangrove results into areas with and without flushing channels was
done to emphasize the impact and effectiveness of the flushing channels. Those plots adjacent to
old channels (Plots 1,3,4 ,and 8) support the best growth of mangroves, mangroves, in plots 2
and 6, adjacent to new channels dug in the summer of 2004 have not had time to respond to
improved tidal flushing, and plots S and 7(not near flushing channels) do not support sustained
mangrove growth. Many new channels will be dug throughout the main die-off area during the
dry season of 200S. It will be interesting to observe the forest's response to this network of small
flushing cuts.
The count and mean height (in feet) of trees 6 feet and above in each of the plots (Table I)
demonstrates that the control plots (Plots 9, 10, and 11) are dominated by fewer but more large
trees. Hurricane Wilma (Figure 3) knocked over many large trees in the forest including one
large black mangrove in Plot II. This tree fall crushed many smaller reds and whites.
Flushing cuts were installed near plots S and 7 during 200S. They have not been in place long
enough to see the strong response characteristic of the plots and general forest in areas where
flushing cuts have been in place for several years.
Figure 3, a photo of control plot 11, shows a large black mangrove which fell into Plot 11. It
crushed numerous smaller mangroves of a wide size range. During September 2006 numerous
seedlings, mostly red mangroves, were observed beneath the fallen black.
No large trees fell in the other 2 control plots but from the 2006 and 200S tree height graphs and
Table I it seems apparent that the hurricanes in 200S did some damage to the impacted plots.
The tallest mangroves were lost in several plots but the damages could have been due to other
causes.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
to
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Clam Bay Restoration and Management
Biological Monitoring
TurreD & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
8
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Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 La
8
Figure 1. Plot 1, September 2006.
Figure 2. Plot 2, September 2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
26
B
Figure 3. Plot 3, September 2006
Figure 4. Plot 4, September 2006.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
B
Figure 5. Plot 5, September 2006
Figure 6. Plot 6, September 2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
161r
B
Figure 7. Plot 7, September 2006
Figure 8. Plot 8. September 2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 tl
8
Figure 9. Plot 9 (control), September 2006
Figure 10. Plot 10 (control), September 2006.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
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Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 III
B
3.0 SEAGRASSES
3.1 Methodology
Seagrasses are a valuable biotic indicator of environmental health and the PBSD
has recognized the value in maintaining viable beds. The original pennitted
dredging design entailed impacts to seagrasses within the channel between Outer
Clam Bay and Clam Pass. Monitoring over the life of the permit will allow
documentation of the regeneration or loss of seagrasses within the system and
follow the effect of increased tidal flushing on seagrass aerial coverage and
density.
Methods include examination of aerial photographs and ground truthing by in-
water and wading surveys. Accurate estimation of seagrass coverage is primarily
hampered by visibility so that the most effective survey time is at low tide.
However. at low tide, several areas in the system are exposed rending coverage
estimation more difficult. Best effort was made to overcome those obstacles.
Coordination with DEP staff resulted in a system of transects being established as
depicted on the enclosed map (Figure 2). The transects were traversed, swimming
where possible to avoid disturbing the sediment or walking were necessary and a
I m x I m quadrat placed at locations along the transects where seagrasses are
observed. The following data was recorded for each quadrat:
. Percent coverage by seagrasses
. Seagrass species composition
. Epifauna or visible infauna
Over time, the survey methodology has been modified due to the ephemeral
nature of the grasses being monitored. It was noted early on that the seagrasses
shifted in location and that fixed quadrats in the same location year after year did
not accurately depict the seagrass coverage or presence within the Bay. More
general observations of the presence of grasses along the transects have been used
to locate the grass beds with the quadrat measurements used to quantify coverage
within those areas where grasses are found.
Concerns related to the seagrass coverage within the bay have been raised by
adjacent property owners and as a result, Collier County is in the process of
commissioning an additional study related specifically to the seagrasses within the
Bay. The purpose of this study will be to try and collect and estimate the
following parameters:
. What is the current extent of seagrass resources in Clam Bay?
Clam Bay Restoration and Management
Biological Monitoring
TurreD & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
32
ffiJ
. How has seagrass coverage changed over the recent past?
. What are the most likely factors associated with recent declines?
. How have freshwater inflow and nutrient loads to Clam Bay changed over
time?
. What actions might reasonably be expected to allow for recovery of these
seagrass resources?
Since the current monitoring program is not quantitative in nature over the entire
bay it is felt that this additional study will complement the work being done under
the auspices of this report. Additional information related to the seagrass
resources throughout the entire bay rather than limited to the survey transects will
add to the broader picture of the entire system and allow for more informed
decisions to be made related to the Clam Pass ecosystem.
Clam Bay Restoration and Management
Biological Monitoring
TurreD & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16~1
B
3.2 Seagrass Data
Outer Clam Bav: Transects I and 2
Transects one and two were observed with scuba gear in water depths from 2 to 3
ft. with visibility less than 6 inches. Halodule wrightii (Shoal grass) was found
within quadrats 5 and 6 of Transect I. The seagrasses were more specifically
located adjacent to the southern mangrove fringe in Outer Clam Bay. See the
attached seagrass transects map.
Halophila decipiens (Paddle Grass) was observed in the same general area the
previous year. Several oyster clumps (approximately 2 inches by 2 inches), small
amounts of shell debris, and red, green and brown algae (Rhodophyta,
CWorophyta, and Phaeophyta) were also observed along Transect 1.
No seagrasses were observed along transect 2, however, resources such as green
and brown algae and the Florida fighting conch (Strombus alatus) were observed.
Seagrasses were also observed to the southwest of the mangrove island during an
aerial flight.
Transect 1
25%
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Quadrat Number (1-7)
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16131
B
Outer Clam Bav: northwest sector. transect 3
Transect 3 was traversed with the use of a mask and snorkel in water depths from
approximately 10 inches to 2 feet. Shoal grass has still not reappeared in this
transect. Both blue-green algae and red algae have continued to decrease over the
years in the shallows, providing a white sandy bottom, however, blue-green algae
was still observed in the deeper part of the water column. Seagrasses were
observed to the southeast of transect 3 during an aerial flight.
Waterway south of boardwalk, Transect 4.
This transect was observed using scuba equipment in water depths approximately
1ft. to 4 ft. with visibility 2 ft. or less. The current was much stronger while
traversing this particular transect. No seagrasses were observed, however, large
amounts of shell and vegetation debris were found drifting with the current along
the bottom sediments. Oysters were still observed along the mangrove fringes.
Several blue crabs (Callinectes sapidus)were also observed.
Seagrasses were observed in the vicinity of the shoal, which is located south of
transect 4 while flying over Clam Bay.
Western region of shoreline north of boardwalk. Transect 5
Transect 5 was traversed by wading in the water and the use of a mask and
snorkel in areas of low visibility. The water depths ranged from 0 inches to 12
inches. No seagrasses were observed while traversing transects, however, black
mangrove pneumatophores and algae patches were found. This is a return to the
state of this transect from 2004. The minimal coverage observed last year was not
observed this year. Mud snails, the Florida fighting conch, and heavy foot traffic
was also observed along quadrat numbers 7, 8, and 9 (those quadrats closest to the
pass). Dark areas that may have been seagrass or algae coverage were observed
from the aerial flyover in the vicinity of quadrats I, and 2.
Clam Bay Restoration and Management
Biological Monitoring
TurreU & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16j I
B
Eastern region of shoreline north of boardwalk. Transect 6.
Transect 6 was also traversed by use of wading and mask and snorkel in deeper
areas. Visibility was clear in the shallows and ranged from I to 2 ft in deeper
parts of the channel, around quadrat numbers 6, 7, 8, and 9. Shoal grass was
observed in quadrats 3 through 5 and the average percent coverage was estimated
to have increased compared to the previous year. Coverage distribution did
change as quadrat 5 density dropped from around 75% to about 40% while
quadrat 3 density increased from 5% to about 50%. Mud snails and small patches
of red and green algae were found within the seagrasses and bottom composition
was a sandy sediment.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
36
8
Inner Clam Bav. shoal area east of Clam Pass. Transect 7
Transect 7 is orientated north to south and covers a large portion of the shoal area
just east of the Pass. This transect was observed by wading due to the shallow
water depths and clear waters. Large amounts of shoal grass were observed in the
vicinity of a mangrove island, more specifically located in quadrats 2 and 3. Shoal
grass was also found in quadrat number 5, 6, and 7. This year's percentages are
very similar to the previous year though distribution has changed. Last years
grasses were located in quadrats I through 5 while this year the grass has shifted
slightly to the north and grasses were found in quadrats 2 through 6 instead.
Remaining portions of this transect consist of a sandy sediment with green mat
algae, mud snails, and Florida fighting conch.
Transect 7
60%
50% 50%
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1 2 3 4 5 6 7 8
Quadrat Number (1-8)
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 '31.
B
Inner Clam Bav. northern section of channel and shoal area. Transect 8
Transect 8 is orientated northeast to southwest and consists of water depths
ranging from 6 inches to 4 ft with a visibility approximately I to 2 ft. Shoal grass
was observed in the immediate area of the shallower water depths, on the east side
of the channel. The grass this year appears to have shifted to the east slightly, the
grass observed last year on the west side of the channel has disappeared, most
likely to sand build-up and shallower water depths allowing this area to dry out
during low tides. The east side of the channel has seen an increase in density
from around 10% to around 40%. Small patches of algae, mud snails, and the
Florida fighting conch were also found.
Transect 8
60%
50%
.-. 50%
~
0 40%
.....
... 40%
CD
>
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-
c 20%
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l.l
...
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c.
0% 0% 0%
0%
1 2 3 4 5 6
Quadrat Number (1-7)
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16J1
B
Inner Clam Bay. southern section of channel and shoal area. Transect 9
Transect 9 is also orientated northeast to southwest. Across the transect water
depths ranged from 6 inches to 4 ft with a visibility of approximately I to 2 ft.
Wading and scuba equipment was utilized to observe the submerged resources.
Shoal grasses were observed in the immediate area of the shallower water depths.
For the first time, shoal grasses were observed in the deeper part of the channel,
more specifically located in quadrat number 2. Mat algae and the fighting conch
were also found within the shallower waters. Grass density decreased
dramatically in quadrat number 1 due most likely (as with quadrat 1 in transect 8)
to the deposition of sand and the water depths becoming shallower, allowing more
drying time during low tides.
Transect 9
60%
50%
...... 50%
~
e....
... 40%
~
8 30% 25%
-
c
GI 20%
u
...
GI 5% 5%
Q. 10%
- - 0% 0%
0%
1 2 3 4 5 6
Quadrat Number (1-6)
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annnal Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16/1
39
B
4.0 SYSTEM OVERVIEW
4.1 Aerial Photography
Examination of low-level oblique aerials is the most effective method for determining
areas of stress and concern. A full mapping and acreage calculation was carried out
during the first survey in 1999, and reassessed in subsequent years. The extent of the die-
off area was estimated again this year by digital mapping and interpretation of the aerial
photographs. In efforts to simplify the classifications and acreage determinations, we
have considered areas as dead, or of concern (whether they be recovering die-off areas or
new stressed areas). The designation 'areas of concern' also encompasses portions of the
system that are believed to have been impacted by hurricanes of 200S, leading to the
stressed appearance. Aerial photographs with follow-up groundtruthing were used to
locate dead, stressed and recovering areas. A selection of these photos is presented below
with appropriate explanations.
Die-off area, 2003
Die-off area. 2006
1611
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Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annnal Report
Lewis Environmental Services, Inc.: Report #9
December 2006
The exceptional recovery of degraded mangroves within the initial die-off area is
illustrated by these photographs. Pioneering plants are dominated by white mangroves
and groundtruthing reveals that most of the trees are in the 4-8' size range.
A stressed area north of the Commons just off the berm first noted in 2003 was still
apparent this year from the infrared photograph. Earlier observations revealed an area of
exotic invasion along with a few degraded mangroves. Over the past three years, while
no obvious die-off has occurred, the area appearing stressed in aerial photos appears to
have expanded to now encompass about 8.2 acres. Ponding of freshwater inputs from the
berm has also been previously noted. The high winds sustained during Hurricane Wilma
last year have probably worsened the appearance of this area causing additional leaf loss
from already mildly sick trees. However, the low-level stress has been in evidence for
several years and consideration of channel construction in the region should now be
made.
2004
200S
2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 tl
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In contrast, another stressed area that has been observed since 2003, continues to show
improvement. We have compared this year's aerial photos to those taken the past three
years. It seems that this area has recovered to the point that stress is barely visible from
the aerial.
2003
200S
2004
2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 4( I
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Another area of concern that became apparent beginning 2004 was also recovering notably. The
small area just to the east of the Contessa condominium in Bay Colony experienced a rapid die-
off due to an old channel that had not been maintained, but appears healthy this year.
2004
200S
2006
Clam Bay Restoration and Management
Biological Monitoring
TurreU & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16/J
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Noted in the 200S report was a new die off area, thought to have been triggered by the
clogging of an old channel during Hurricane Charlie in 2004. This area is near the
County boardwalk, and you can see how the die-off follows the outline of the channel
from under the boardwalk and out around the adjacent open water areas. In contrast to
die-off areas in other parts of the system where interior mangroves succumbed first, in
this example the waterward, fringing species are affected. Red mangroves are typically
found closest to tidal waters and are thus more reliant on good water exchange than the
hardier whites and blacks. Abrupt loss of flushing explains this observation. The area
has not increased in size appreciably since it was first noted and the restoration of proper
flushing was a work priority in the past year that has apparently halted the expansion of
any die-off. Subsequent years will allow us to document any re-growth though, aside
from some seedling recruitment, none was observed this year.
200S
2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Iuc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
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4.2 Hurricane Wilma Update
Naples experienced an almost direct hit from the Category 3 Hurricane Wilma in October
of 200S and last years report documented significant leaf loss and felled trees throughout
the Clam Bay system. A lack of significant storm events in 2006 has allowed steady
recovery although caution is called for in consideration of aerial photographs to not
confuse last years storm impacts with possible current stress.
This year presented no major challenges to the ongoing health of the mangrove system
from weather events. There were no impacts associated with hurricanes and just one
Tropical Storm (Emesto) in September which entailed minimal or no impacts to the
surrounding bay. Monitoring shows that the flushing cuts installed so far still seem to be
functioning as expected and have led to fast recovery rates for each plot.
-
Hurricane Damage Recovery along the Strand
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 141
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4.3 Mangrove Plots
The below photographs are of Turrell and Associates Plot #7. We highlighted this plot in
previous reports because of the dense mangrove growth that has occurred in the last few
years. In 200S, the canopy coverage had reached a point where the larger new trees were
beginning to shade out the smaller, weaker growth, resulting in more noticeable dead
small saplings and seedlings. This is a normal phenomenon that thins out the mid- and
understory allowing the stronger trees to have room to grow and become established with
less competition for food and light. This plot still is classified as recovering and
continues to progress in a healthy manner; with no hurricane damage this season, the
leaves from most of the trees have grown back increasing the overall health in and around
the plot. As expected this plot is still progressing very well from the past storm damage
and will continued to be monitored.
Plot 7, 200S
Plot 7, 2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
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Plot 8, 200S
Plot 8, 2006
In plot 8, shown above, you can see the increase in density of the saplings at the back of
the photos between last year and this year. Groundcover has increased and is little more
obvious at the time of the 2006 monitoring than 200S.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
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Plot 11,2005
Plot II, 2006
Plot II continues to see considerable regrowth, which is difficult to illustrate in our
photos due to past hurricane damage that still exists within this plot. Seedlings are
primarily whites, and are covering about 85% of the plot. Other than the trees damaged
by the storm, this plot continues to progress well.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
4.4 North Tram Station Replanting Area
16 tl
B
This is the cattail area at the northern end of the berm where we have maintained cattail
eradication efforts. We planted several species of native vegetation and several
additional species that have volunteered in the area since the original plantings. The
photos below clearly show that the vegetation has taken hold and has established itself
well throughout the planting area.
2003
2004
Looking along berm 2006
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
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B
In addition to the planting area, we have also been observing the cattails along the
remainder of the berm and in the coming year will be detennining were and what kind of
plantings might be done to accelerate the conversion of these former cattail areas into
more natural habitats.
Area where cattails have been kept at bay and suitable for replanting
Existing Cattails Adjacent to the Sandpiper Parking Area
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
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5.0 Bathymetric Monitoring
Conclusions and Recommendations:
Methodology and data for Humiston and Moore's Bathymetric Monitoring report tS
attached separately and will not be repeated here for brevity's sake.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 J 1
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6.0 WATER QUALITY SUMMARY
6.1 Sampling Results
The sampling data are not included in this report due to volume of pages making up this
information. All sampling information is available for review and inspection at the PBSD
offices. Field notes, Chain of custody records, and Laboratory reports are included in this
data set. Of all the parameters, dissolved oxygen (DO), nitrates, phosphates, and total
dissolved solids, are discussed below. Discussion on these parameters is provided
because they are the most indicative of potential water quality problems. The remaining
parameters are not discussed because they all fall within normal and historic ranges for
the sample areas.
We also looked closer at monthly fluctuations as well as the annual averages in this
year's report. The monthly information can show if a single or catastrophic event
contributed to a high or low annual average and can assist in interpretation of the data
being presented.
1611 B
Clam Bay Restoration and Management
Biological Monitoring
TurreU & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
52
Dissolved Oxvgen (DO)
Dissolved oxygen is a measurement of the amount of oxygen available in the water.
Aquatic life depends on oxygen in the water and low levels can be an indicator of poor
health of an aquatic system. On the whole measured DO levels fluctuated around the
expected levels at all locations. Lower values are noted during the summer months as
warmer water carries less dissolved gas and the zero readings on October 200S are
related to Hurricane Wilma. Following the storm levels were elevated which is
presumably due to the increased wave and wind action. No adverse or alarming levels
were observed though the Glenview station has been persistently lower and showed an
odd drop in January of this year. At this time, we do not know what might have caused
this drop.
Average Monthly DO Levels
7.00
100
'NO
~PB-11
6.00
FSt.Lucia!
5.00
f'B.13
i-W-7
:J'
'l!
t 4.00
o
'"
.5.3.00
8
---Glenview
W-1
Lal
N6eagate
2.00
0.00
Jun-05 JuI-05 Aug-OS 5ep-OS Oct-OS Nov-OS Dee-OS Jan-06 Feb-06 Mar-Q6 Apr-06
Month-Year
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 J 1
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Nitrates (N031
Nitrates are nutrient components that are most often associated with fertilizers or
vegetation decomposition. Excessive levels can lead to algal blooms, decreased DO
levels, and decreased viability of the system.
It is apparent that waters within the development itself, Sample locations PB-13, PB-ll,
and to a lesser extent, St. Lucia, average higher values than the waters of the estuary.
This is still a good sign in that it means the water management system and the
vegetation between the berm and the pass is working to take up nitrates out of the water
column prior to it going into the Gulf.
For several years significant spikes in nitrate levels have been observed in the landward
stations, PB-13, St. Lucia and PB-ll. It has been hypothesized but not conclusively
proved that reasons are related to an increase in fertilizing activity. It is here considered
that a lack of rainfall, serving to concentrate substances carried by run-off into the
system, could also contribute to the anomalies. To explore this further rainfall data and
fertilizing practices will be analyzed.
While there.are no state or federal standards for dissolved nitrate, guidelines state that
levels should not exceed that which supports a healthy ecosystem. Given the continued
low-level stress observable within the Calm Bay estuary, best efforts at reducing nitrate
load on the system through attention to fertilizer use and practice should be made.
Average Monthly N03 (Nitrate) Levels
0.30
W6
----PB-11 I
FSt.Lucla ,I
!
PB-13
I
Glenview I
1.20
1.10
1.00
0.90
I :::J 0.80
; } 0.70
I ~ 0.60
..sO.50
8
z 0.40
W~7
W.1 I
L.al '
N Seagate ' I
0.20
0.00
Jun-05 Jul-OS Aug-OS Sep-os Oct-OS ~-05 [)ec-05 Jan-06 Feb-06 Mlr-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06
Month-Year
I
I
0.10
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 j 1
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B
Phosphates (OP041
Phosphates are nutrient components like nitrates that are most often associated with
fertilizers. Like the nitrates, excessive levels can lead to algal blooms, decreased DO
levels, and decreased viability of the system.
Last years report noted a trend toward higher ortho-phosphate values in waters within the
development itself, especially sample locations PH-II, and St. Lucia. There remains
considerable fluctuation but an absolute high over 0.70 mgll was noted in 2OOS, this year
the high was over 0.90 mgll. This could be an indication of phosphate accumulation in
the system and is something that we want to continue to keep an eye on and again look at
fertilizer use in the adjacent landscaped areas. As with the nitrates, the water
management system and the vegetation between the berm and the pass is working to take
up most of this nutrient out of the water column prior to it going into the Gulf. Note that
the spikes are restricted to landward stations.
Phosphate spikes were later in the year than the nitrate increases. It is interesting that the
real jump observed ion nitrate values ion January 2006 was not reflected on phosphate
results, the increase came later in the season in March - May. If the increases are related
to fettilizer it could be that the bulk of orthophosphate is taken up by the plants to which
it is applied whereas they may not need as much nitrate which thus runs off earlier. As
species die back or are replaced the phosphate levels then show the observed increase.
These are general and untested observations but caution should always be applied in
using fertilizers as these results illustrate.
Clam Bay Restoration and Management
Biological Monitoring
TurreD & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
I
:J'O.70
~
i!
,g 0.60
i
o
if 0.50
0>
E
- 0.40
..
o
..
o 0.30
Average Monthly OP04 (Ortho-P) Levels
1.00
0."
0.80
0.20
0,10
0.00
Jun.05 JuI-05 Aug-05 Sap-os Oct-OS t-bv-05 Dee-OS Jan-06 Feb-06 M:l.r-06 Apr-Q6 tJey-06 Jun-06 Jul-06 Aug-06
Month.Vear
16 ~ I
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W6
-FB-1'
FSt.Lucia
P6-13
---w-?
Glenview
W~1
UCB
N Seagale
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1 ~ ll16 ISJ
Total Dissolved Solids (TDS)
This is a measure of the mineral and salt content of the water. Generally, the higher the
TDS content, the saltier the water. As with past years, this parameter was within the
levels expected. The freshwater sampling stations showed low TDS levels while the
estuarine sampling stations showed higher levels. While last years data showed a spike at
the Glenview monitoring station in April, for 2006 the anomalous reading was at the W7
station on January. These are not considered of ecological significance and are most
likely related to equipment error. In general TDS values have changed little over the
monitoring period.
Average Monthly TDS Levels
30000.00
W6
, ,
, ,
24??oo.00
21??oo.00
---- ffi..11
FSt.Lucia
16??oo.00
f'B.13
W~7
_ 15??oo.00
....
...
E
~ 12??oo.00
...
-GlenvieW
w.,
LCB
90000.00
N Seagate
60000.00
000
Jun-05 JuI-05 Aug- Sap- Oct-OS NoII- Dec- Jan-06 Feb-06 ~r-06 Apr-06 May- Jun-06 Jul-06 Aug--
0505 0505 06 06
Month~Vear
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 ~ 17 B
6,2 Conclusions
This year's testing did show that most parameters are still reacting as expected and the
storm water management system appears to be doing its job by tying up or removing
nutrient and pollutant parameters before they reach the Gulf of Mexico. Nitrate and
phosphate testing continues to show increased values for these parameters which are
components of fertilizers and have been related to degradation in marine and estuarine
systems. It is thus recommended that the PBSD undertake best efforts to reduce fertilizer
use and educate homeowners and landscaping staff for private multi-family residences
within Pelican Bay about best management practices in landscaping.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 JIB
58
7.0 CONCLUSIONS
7.1 Mangroves
The storm damage of 2005 added a level of difficulty to classification of areas within the
system on 2006. Extensive defoliation and falling of individual trees meant that areas
that could be termed stressed by the flow issues thought to have been responsible for the
original die-off in Clam bay were in fact affected by the high winds and storm surge. In
an effort to simplify the situation, classifications for mapping purposes have been
changed to either 'die-off area' or 'area of concern'.
Areas of concern include those surrounding regions to die-off areas that are in recovery
and for which continued tidal flow through flushing channel maintenance is required as
well as new stressed areas that require observation in coming seasons. Recovery areas
are estimated at 23.00 acres. Stressed areas of concern that are likely not related to storm
damage total 12.3 acres while areas of concern that we suspect are due to the storm
events have been estimated at 23.4 acres. This brings the total aerial estimate of
mangroves that are not at optimum health to 74.7 acres.
A total of 13.6 acres of mangroves are still considered dead, a significant reduction from
the original die-off of over 50 acres in the late 1990's. This includes the initial die-off
area where the number has dropped to 7.4 acres, damage from a tornado in the extreme
north of the system, tidal restriction just south of the Pass which has caused a die-off of
fringing red mangroves and several lightening strikes and small discrete die-offs spread
throughout the estuary.
Construction of the last component of the flushing channels was completed in 2004. All
of the major channel locations have been identified and dug. Monitoring of the new
excavated areas will continue to document the recovery that is expected now that the
channels have been finished.
As documented in section 4.3, individual monitoring plots have shown significant
improvements and the significant reduction in die-off area within the original locale can
be attributed to dredging work, flushing cuts and continued vigilance in maintaining
optimum tidal exchange.
Work in 2006 has highlighted the vulnerability of the system to natural storm events
which are hard to distinguish from other causes of mangrove degradation. Due to
continued observations of diffuse but widespread stressed conditions in the forest areas
eastward of Inner Clam Bay, within the next several years additional flushing channels
may well be necessary to prevent further losses.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16 j 1
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7.2 Seagrasses
Shoal grass patches are still present at viable and ecologically significant densities within
the channel north of the County boardwalk and the bay just inside the mouth of the Pass.
Reduced densities are seen in Other Clam Bay and seagrass coverage is still lower than
the 1999 pre-dredge conditions. The gradual decline since the 1999 dredging does not
appear to have continued this year, the grass beds are holding on. Turtle grass
(Thallassia testudinum) was not observed this year but survey conditions and visibility
issues mean that it may have been overlooked.
Several hypotheses have been put forward to explain the grass reduction and it should be
considered first and foremost that if dredging of the Pass had not occurred we would
likely witness a complete absence of grasses and further ecological damage at this stage.
The changes in tidal amplitude related to channel depth have been thought to explain the
initial losses closer to the Pass. Especially in light of the growth of black mangrove
pneumataphores in areas that formerly supported seagrasses. In Outer Clam Bay it is
more probable that water quality degradation may playa part. This could be a function
of the tidal exchange at the Seagate culverts where flap gate culverts were removed,
reduced water clarity, or fertilizer run-off from properties adjacent to the system.
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
16101
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8.0 Concluding Remarks and Management Focus for 2007
While the success of work efforts to date is undeniable, continued vigilance is called for
to maintain a functioning ecosystem at Clam Bay. Widespread stress in mangrove areas
is apparent, although in several areas this is difficult to distinguish from storm damage.
Water quality data shows slight increases in nitrates and phosphates which warrant
attention to fertilizer practices.
Recovery is occurring, evidenced by continued seedling recruitment and sapling survival
in die off areas, Batis colonization, and growth of individual trees in monitoring plots.
The spectacular recruitment of white mangrove seedlings, now up to 6' tall saplings
throughout the original die-off area is testament to the efforts undertaken with the initial
dredging and that work can be considered a success. However in 2007 the focus switches
to the rest of the system and the continued chronic stress observable in areas further to the
south.
A list of work items to be undertaken is presented below, some of this work is already
underway, additional items may be addressed in the budget for fiscal year 2008 if the
results of next years work indicates additional work is needed;
1) Continue clearing of fallen trees within the main waterways of Clam Bay.
2) Exotic and Nuisance vegetation should continue to be removed. Brazilian pepper
within the forested areas should be identified and treated. Old World Climbing Fern
first observed last year is still present within the system and should be eliminated.
3) The cattail areas along the berm should continue to be monitored. Any indications
that water quality degradation is occurring due to overgrowth of cattails should
trigger a maintenance activity that will remove the decaying plant biomass from the
system. The storm surge associated with the hurricane pushed more salt water into
the berm and helped to keep the area cattails under control. It is possible now that
supplemental plantings, similar to those installed at the northern end of the berm,
could be installed to speed up the re-growth of the open areas left after the cattail
removal.
4) Conduct a post-storm inlet bathymetric survey to determine if the inlet was adversely
affected by the storm and to determine if a dredging activity is needed prior to the
next sea turtle nesting season. (The County has already done this as part of their ebb
shoal investigation and dredging of the pass will be underway in middle to late
January).
Clam Bay Restoration and Management
Biological Monitoring
Turrell & Associates, Inc.: Seventh Annual Report
Lewis Environmental Services, Inc.: Report #9
December 2006
1611
u
5) Water Level Monitoring within inner mangroves will re-commence. Replacement of
several water level loggers within the mangroves and away from open water will
monitor daily and seasonal fluctuations in water levels. A clearer picture of the way
water within the system behaves can be established now that the flushing cuts have
been completed.
6) Monitoring and maintenance of the flushing channels is essential to maintaining the
additional flushing capacity that they have contributed to the system.
7) Two additional tidal monitoring stations should be established to determine if
ongoing inconsistencies in data collection might be related to factors such as wind
influence on tidal flow, or storm water outflow. The additional stations will also
provide a level of redundancy that should be helpful in understanding the variability
that has been fairly consistent in the data for the past six years.
8) Plan to conduct a pre-condition beach survey to the north of the pass should the
County decide to try and dredge the ebb shoal outside of the pass. This background
information will be needed to monitor or determine if any adverse impacts to the
beaches north of the pass result from those activities.
9) Plan to start an annual quantification survey of the entire Outer Clam Bay to monitor
actual acreage of seagrass coverage within this bay rather than the qualitative study
currently conducted. Due to the ephemeral nature of the seagrasses within this
system, an acreage survey will better allow comparisons from year to year related to
the presence and health of seagrasses within the system.
10) Year-round monitoring of the system rather than once-a-year will continue. This will
allow for closer scrutiny of the system and may catch problem areas while they are
still able to recover rather than after they crash.
16/1 B
Clam Bay Restoration Project
Report Number 9
September 29, 2006
Time Zero plus 10- Year Monitoring
By
Roy R. "Robin" Lewis, III
Principal Ecologist and President
And
Michael J. Marshall, Ph.D.
Consulting Senior Ecologist
Lewis Environmental Services, Inc.
P.O. Box 5430, Salt Springs, FL 32134
LESRRLrJirJol.com
888.889.9684
September 29, 2006
Pursuant to:
Florida Department of Environmental Regulation
Permits Number 112870025 and 0128463-OO1-JC
U.S. Army Corps of Engineers Permits
Number 199601979LP-CC
And 199602789W-CC
1611 B
2
Table of Contents
List of Figures
Figure I.Pelican Bay Golf Course rainfall 1/1999 through 9/2006.................... ...8
Figure2. Batis cover by plot 1/99 through 9/06........................................ ...10
Figure 3 Tree falls in Plot II .... ....................................... ................... .17
Introduction.................................................................... ...5
Materials and Methods......................................................... 7
Results.............. .................. ............. .......................... ..... ...9
Discussion........................................................................ .13
Literature cited..... ........................................................... ..19
Appendix A Monitoring weD data, November 2001, October 2002,
August 2003, August 2004 , September/October 2005 and September
2006
Table AI. November 2001 Groundwater salinities and water depths inside and surface
water salinities and depths near each monitoring well
Table A2. . October 2002. Groundwater salinities and water depths inside and surface
water salinities and depths near each monitoring well.
1611 B
3
Table A3. . August 2003. Groundwater salinities and water depths inside and surface
water salinities and depths near each monitoring well
Table A4. August 2004. Groundwater salinities and water depths inside and surface
water salinities and depths near each monitoring well
Table A4. September/October 2005. Groundwater salinities and water depths inside
and surface water salinities and depths near each monitoring well
Table A 5. September 2006. Groundwater salinities and water depths inside and
surface water salinities and depths near each monitoring well
Appendix B. Mangrove size class distributions by plots.
Appendix A-I. Plots near old flushing channels.
Figures Plot I September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 3. Plot 3, September 2006. Red, black and white mangrove counts and
size distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 4. Plot 4, September 2006. Red, black and white mangrove counts and
size distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 8. Plot 8, September 2006. Red, black and white mangrove counts and
size distributions (in I ft. increments) in the Clam Bay vegetation plots.
Appendix A-2. Plots near 2004 flushing channels.
Figures Plot 2 September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 6, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Appendix A-3. Plots with no flushing channels
Figures Plot 5, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 7, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Appendix B. Control Plots September 2006.
Figures Plot 9, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot 10, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Figures Plot II, September 2006. Red, black and white mangrove counts and size
distributions (in I ft. increments) in the Clam Bay vegetation plots.
Appendix C. Monitoring Plot Photographs Septemher 2006.
Figure C-I Monitoring plot number I, photo taken September 2006.
Figure C -2. Monitoring plot number 2, photo taken September 2006
Figure C-3. Monitoring plot number 3, photo taken September 2006.
Figure C-4. Monitoring plot number 4, photo taken September 2006.
Figure C-5. Monitoring plot number 5, photo taken September 2006.
Figure C-6. Monitoring plot number 6, photo taken September 2006.
Figure C-7. Monitoring plot number 7, photo taken September 2006.
Figure C-8. Monitoring plot number 8, photo taken September 2006
Figure C-9. Monitoring plot number 9, photo taken September 2006.
Figure C-I O. Monitoring plot number 10, photo taken September 2006.
Figure C-II. Monitoring plot number II, photo taken September 2006.
1611 B
4
1611 B
5
Introduction
The Clam Bay ecosystem is located on the west coast of Florida in northern Collier
County. It is made up of three intcrconnected lagoons, Upper Clam Bay, Inner Clam
Bay, and Outer Clam Bay). Historically the three lagoons had open connections both to
the north and south, behind a barrier beach, and a connection to the west through Clam
Pass Due to development, the northern connection was partially blocked by the
construction of Vanderbilt Beach Road in the 1950's, and the single culvert under this
road ceased to function in the 1970's (Hatcher 1996). The southern connection was
blocked by the construction of Seagate Drive in the 1960's. Three culverts were
installed under this road in 1976. These blockages reduced the tidal prism in Clam Bay
and have resulted in frequent closures of Clam Pass due to sand deposition and build-
up.
Clam Bay and its current watershed cover a total of 2,968 acres. Within the
watershed 1,976 acres are developed (homes, roads, etc.) and 722 acres are in native
plant communities with some invasion of exotic plants including Brazilian pepper and
Australian pine. The estuarine portion of this acreage, which is Clam Bay proper,
covers 568 acres. Mangrove forests occupy 443 acres, tidal marsh I acre, and open
water 124 acres. Within the open water areas approximately 7 acres of seagrass occur,
all in Outer Clam Bay. Thirty-eight species of marine algae occurring as epiphytes on
mangroves and other substrates have been reported in Clam Bay (Rhem 1974).
The mangrove forest contains all three species of mangroves (red, Rhizophora
mangle; black, Avicennia germinans; and white, Laguncularia racemosa) plus
buttonwood (Conocarpus ereclus) and sparsely scattered patches of saltwort (Batis
maritima) and pickleweed, (Salicornia virginica), according to detailed field surveys
performed in the early 1970's (Tropical Biolndustries Company and Gee and Jenson
1978). Tree densities ranged from 726 to 7,580 per acre and maximum canopy height
was 39 feet. Within the black mangrove dominated basin forests, 16% of the trees or 8.8
acres of dead black mangroves were reported in the 1978 document.
Dead and stressed mangroves were again reported for Clam Bay in 1989 when David
W. Crewz, a biologist with the Florida Marine Research Institute, was asked to inspect
Clam Pass Park by Mary Ellen Hawkins, then a Collier County representative to the
legislature (letter to Don Duden dated April 3, 1989). Mr. Crewz concluded that the
"dead and stressed mangroves were caused by lack of adequate water circulation
resulting from the closure of Clam Pass.... allowing toxin and salt buildup."
1611 B
6
Westinghouse Consultants, Inc., employees in February 1992 noted additional
mangrove die-offs, north of Clam Pass Park on the west side of Upper Clam Bay. This
area was inspected by Dr. Eric Heald, a consultant to WCI, and reported to WCI in
April 1992, as probably due to hypersalinity, although 1991 was an above average
rainfall year. The same conclusion was reached by Robin Lewis of Lewis
Environmental Services, Inc., after an inspection in May 1994. At this time the die-off
area was approximately 6 acres. A widespread mortality of mangroves in Florida Bay
was also reported in the summer of 1991 (Yarbro et al. 1994) and it was attributed, in
part, to natural drought conditions and unusual tidal inundation patterns.
After above average rainfall in the summer of 1995, The Conservancy, Inc.'s staff
and residents in Pelican Bay reported additional mangrove deaths which continued
through 1995 and 1996. The total area of the die-off through July 1999 was 45.9 acres
with 24.7 acres undergoing recovery as a result oflower rainfall and drainage
improvements.
This report was commissioned by the Pelican Bay Services division of Collier
County as a result of an application and subsequent permit issuance by the Florida
Department of Environmental Regulation (permit number 112870025 issued May I,
1996) and the U.S. Army Corps of Engineers (permit number 199601979 LP-CC issued
on June 26, 1996) which allowed the construction of 1,312 feet of main tidal channels
and 356 feet of minor tidal channels within the primary area of mangrove die-off The
work occurred in two phases with the first phase completed in early August 1996, and
the second phase completed on December 6, 1996. A previous report (Lewis
Environmental Services, Inc., I 997a) described the baseline and time-zero conditions
prior to restoration. A second report (Lewis Environmental Services, I 997b) described
the conditions that existed (up to September II, 1997) in the mangrove forest after
restoration had progressed for approximately one year. A third report described
conditions in the forest during the second year (October 1997 through December 1998)
following the completion of the initial hydrological restoration work. A second series of
permits were issued in 1998 (FDEP#0128463-001-JC and COE I 99602789-IP-CC) to
complete the restoration project. Additional channel construction projects were
completed during the summers of 1999 and 2000. A total of 2,555 feet of channels
were dug through much of the forest in 1999 and 8,822 additional feet were completed
during the summer of 2000 (under the supervision of Lewis Environmental Services).
During November 2000 and during the summer of 2003 the channels dug in 1999) and
later were inspected and cleaned out as needed to insure continued water flow into and
out of the mangrove forest. Several new channels were dug in areas adjacent to the
Strand in 2003 and more were dug during the summer of 2004. Yearly maintenance has
been required each year to keep the channels open. Without this work they would soon
fill with mud from the forest floor. Regrowth of mangroves within the forest should
reduce the frequency of the maintenance work.
16/1 B
7
Methods and Materials
Salinities and depths in monitoring wells have been measured at irregular intervals
since the installation of the wells on May 5,1996. The monitoring schedule has
changed from weekly well measurements to a quarterly schedule starting in 1999.
Twenty-one monitoring wells were set out on May 5, 1996, and an additional three
wells were added on July 8, 1996. Each well has a 30-inch long PVC tube (2.0-inch
inside diameter). Approximately 50 small holes (1/4-inch diameter) were drilled into the
sides of each PVC tube within the IS-inch section to be set below ground. Each drilled
tube was then wrapped with window screen to prevent sediment and other particles
from entering the well. Well tubes were sunken approximately IS inches into the
mangrove forest floor. All wells, in groups of three with individual wells at distances of
10,20 and 30 meters from water channels within the forest, are adjacent to 100 m2 plots
in which mangrove tree recruitment and growth are monitored. All wells were
surveyed by Wilson-Miller, Inc., to determine their locations and elevations. Elevation
measurements were used to adjust water level measurements within the wells to height
relative to NGVD. Several wells have been disturbed by the channel digging program
and now some of the wells are located within channels. These wells are indicated as
"lost well" in Appendix a Table 1,2, and 3. One well near Plot 9 was not located
during 2003 because it is buried within a very dense thicket of mangrove saplings.
Missing wells were replaced in August 2004 and, at the same time all other wells were
cleared of mud and debris. Upon replacement the top edge of all wells were set to a
standard height of IS inches above the soil surface. At the time of this report they had
not yet been resurveyed so the water elevation measurements for this year may be
slightly off from those taken in past years.
A total of II monitoring plots were established with eight (Plots I through 8) serving
as experimental (impacted) plots and three (Plots 9 through II) serving as control (un-
impacted) plots. Two of the control plots were not established until July 25, 1996. Color
photographs of each plot were taken at the beginning of the project and on the date of
each successive monitoring visit. Mangrove tree species, including Laguncularia
racemosa (white mangroves), Rhizophora mangle (red mangroves), and Avicennia
germinans (black mangroves), were identified and counted, if present, in each plot. Tree
heights were also measured and recorded. Other vegetation in the plots, usually Batis
maritima or Salicornia virginica, was also identified and percent ground coverage by
these plants was estimated. A field guide, prepared by LES, for all plants, mangroves
and ground cover species, has been available to the monitoring team since 1997.
Seedlings within the monitoring plots are now (beginning with the 12/3/98
monitoring date) counted within 0.50 m2 quadrats. Densities are determined from 12
haphazardly located quadrat subsamples. This change in methods was necessary due to
a very large recruitment of seeds and seedlings throughout the forest. We were
concerned that taking a total count within the 100 n1 plots would be inaccurate and
could lead to the trampling of many small plants. Prior to the 12/3/98 census seedling
1611 8
8
numbers were estimated and probably were not accurate. Seedlings in most plots were
buried within the very heavy Batis cover and were not easily visible. Quadrat counts
should prove to be more accurate because the seedlings beneath the Batis cover were
counted. All plants that were taller than the height, usually about 6 inches, of the Batis
ground cover mat were counted over the entire plot.
Salinities within wells were measured by collecting small (5-10 ml) water samples
within a I m long, thin-walled plastic tube (1.5 mm inside diameter) or by collecting
small water samples from drops falling off of the tip of a yardstick used to measure well
depths. A temperature compensated refractometer (American Optical) was used to
determine salinities of these water samples. Water depths within wells were measured
directly by placing a yardstick into the wells and recording the position of the water line
when the yardstick was removed from a well. Yardsticks were dried between readings.
These measurements were taken on an approximately weekly schedule during 1997.
The monitoring schedule changed, in 1999, to quarterly sampling and, since 2000, to
once per year sampling and plot monitoring.
If the forest floor was flooded on a monitoring date surface water depths and
salinities were also measured at locations immediately adjacent to the wells. Rainfall
data from the Pelican Bay golf course were plotted on a yearly and monthly (Fig. I)
basis.
Pelican Bay Golf Course Rain Data 1999 to Oct 2006
25
5
2Q
15
.
.
"fi
.5
10
o
Figure 1. Rainfall data. Pelican Bay Golf Course.
1611 B
9
Results
Salinity and Water Depths
With sampling now limited to once per year schedule it is impossible to make
meaningful comparisons of changes in these two important measurements between
sampling dates. Therefore the salinity and well water depth data should only be used in
comparisons between "control" and "impacted (dead)" sites. Salinity measurements for
each well and for standing surface water at each well site are shown in Appendix Tables
I, 2, 3 and 4. Monitoring wells in these tables are grouped by mangrove monitoring
plot numbers. Appendix A, Tables I, 2, 3, and 4 similarly show water depths in the
wells and in the puddles or ponds at the well sites.
Photography
Appendix C contains the September 2006 monitoring Plot photographs.
Batis
Ground cover by Balis maritima (saltwort) increased dramatically throughout the
impacted study area from the fIrSt survey in May 1996 to the survey in December 1998
(Lewis and Marshall, 1999). During 1999 Batis coverage abruptly declined (Fig. 2) in
all monitoring plots and throughout much of the dead forest. Batis coverage increased
during 2000 within most of the monitoring plots and throughout the forest. There were
large areas of forest floor that were barren of living Balis at the time of the 2000 report.
Batis (as judged from the August 2003) survey is once again flourishing throughout the
die-off area. During the August 2004 survey Plots 2 though 7 had above average plot
specific Batis coverage, Plots I and 8 were just below average. Plots I and 8, at the
2006 survey, are densely vegetated with mangroves; presumably these trees have
shaded out part of the Batis cover. This phenomenon is evident in the 3 control plots
where only a fraction of each plot is covered by Batis.
100
.1129/1999 :
.212611999
i 80 [] 5/27/1999
E 07/30/1999
'" .11/3011999
..
.. .411912000
;; .8125/2000
" 80
..
:E 01112412001
~ .10110/2002
~ .8128/2003
0
u 40 08/1112004
i' D10!11!200S
.9f2612006
20
Figure 2. Batis cover from 1/1999 through 9/2006.
Batls cover 1999 through 2006
120
o
2
6
7
8
3
4
5
Plot number
MANGROVE RESULTS
Plots adjacent to the oldest flushing cuts...Plots 1,3,4, and 8.
Several LES mangrove monitoring plots are located immediately adjacent to flushing
cuts which are more than two years old. These include Plots 1,3,4 and 8. The mangrove
size frequency graph (Appendix A-I) for Plot 1 and Appendix C, Photo 1 show that white
mangroves greatly out number black mangroves in this plot but that both species have
individuals that are greater than 8 feet tall. Red mangroves are also present in this plot with
4 trees over 10 feet tall. Plot I and the area around plot I are very densely overgrown with
mangroves. This plot is bisected by one small flushing cut and it is bordered by another.
At the September 2006 census Plot I contained 84 white mangroves, 6 blacks, and
12 reds over 6 feet tall. The average height of the whites greater than 6 feet was 12.29 feet,
the black average was 15 feet, and the red average was 9.07 feet. No red or black mangrove
seedlings were observed but the plot was densely covered with more than 18,000 white
mangrove seedlings. The white seedlings were not uniformly distributed in the plot; they
were present in two or three very dense patches.
Plot 3 (Appendix C, Photo 3) is also bisected by a flushing cut and it borders on a
second cut. Plot 3 is also densely covered with mangroves. At the October 2005 census it
16/1 B
10
16/1 B
11
contained 114 whites over 6 feet, 2 reds greater than 6 feet, and it is 60% covered by Batis.
Two blacks were observed. The area surrounding Plot 3 is very densely covered by a
mixture of the three mangrove species.
At the 2006 census Plot 3 contained 97 trees above 6' feet tall. The count included
89 whites (mean= 8.17 ft.), 8 blacks (x = 9.94 ft.) and 0 reds. White seedlings, estimated
from the quadrats, were over 302 for the entire plot; black seedlings numbered 57.7 and
there were no red seedlings.
Plot 4 (Appendix C, Photo 4) is close to the main flushing channel through the
Strand die-off area and it is located between several smaller flushing cuts. These cuts are
some of the oldest cuts in the restoration project. Plot 4 contains 3 tall (>25') black
mangroves that were present, but near death, at the time of the first channel excavations
(1996). These trees were still alive in 2004 and 2005. Smaller blacks are abundant in this
plot (with 33 trees> 6 feet) and there were many black seedlings (1212 seedlings < I foot)
at the time of the 2005 survey. Red mangroves included 6 trees greater than 6 feet tall. At
the October 2005 survey Plot 4 contained 48 white mangroves that were 6 feet or greater in
height. Plot 4 was 30% covered by Batis.
By September 2006 Plot 4 contained 29 whites, 10 blacks, and II reds greater than 6
feet. The tall whites averaged 9.79 ft., the blacks averaged 14.42 feet, and the reds average
was 7.51 feet. Total se~dling estimates for Plot 4 include were 302 whites, 57.7 blacks, and
o reds.
Plot 8 (Appendix C, Photo 8) lies adjacent to the main flushing channel. It is also
bordered by a smaller flushing cut. Plot 8 contains 2 tall (>25 ft.) blacks, 2 whites greater
than 25 feet and 2 reds greater than 25 feet. Smaller whites are very abundant in this plot
and there were liS white seedlings (< I ft.) Red mangroves less than 10' tall were also
abundant and red seedlings were also very numerous (300). Eighteen reds, 6 blacks, and 9
whites were greater than 6 feet tall at the September 2005 survey. Plot 8 was about 30%
covered by Balis.
At the September 2006 survey Plot 8 contained 32 trees greater than 6 feet tall; these
trees included 18 whites, 4 blacks, and 10 reds. Whites above six feet averaged 12.6 ft.,
blacks averaged 25 feet, and reds averaged 8.9 feet. Black and red seedlings were equally
abundant at 115/plot while white seedlings were less abundant (4.18/plot).
Plots near newest (dug in 2004) flushing cuts...Plots 2 and 6 (Appendix A-2).
Plots 2 and 6 (Appendix C, Photos 2 and 6) have not been able to support sustained
mangrove growth since the project began in 1996. The first flushing cuts in these areas
were dug near these plots during the summer of 2004. At that time (August 2004) Plot 2
contained 3 short (<3') whites and I, I ft. red. Plot 6 mangroves included reds (to 3 feet),
whites (to 4 feet), and blacks (to 8 feet). Both plots were extensively covered with Batis
(plot 2 had 90% cover and Plot 6 was 100% covered).
16/1 B
12
By September 2005 more mangroves were counted in each of these plots. Plot 2
contained two 5 foot whites, five 2 foot reds, and seven 2 foot blacks. Forty three white
mangrove seedlings were also counted in Plot 2. Plot 6 contained 7 reds (to 4 ft), 15 blacks
(from 2 to 8 feet), and 8 whites (from 2 to 4 feet).
Plot 2, in September 2006, contained 4 whites greater than 6 feet tall, none of the
reds or had yet reached that height. The 7 small black mangrovcs prcsent in 2005 werc
gone. Seedling counts werc 519 rcds and 14 whites.
At thc September 2006 census Plot 6 containcd 5 whitcs (mean height =6.85), one
black (= 6.17') and I red (= II feet) greater than 6 feet tall. Only whitc scedlings were
observed at a density of 14.4 in Plot 6.
Plots not near flushing cuts. .... Plots 5 and 7 (Appendix A-3).
Plots 5 itnd 7 (Appendix C, Photos 5 and 7) are in an area where flushing cuts werc
first dug during the summer of2005. Plot 5, at the August 2004 survcy, contained 2 short (<
5') blacks, 5 short (<6') whites and 14 reds (with 2 trees greater than 10'). No scedlings,
other than onc less than I ft. red, werc counted in this plot. Plot 5 was nearly 100% covered
with Batis. At the 2005 survey plot 5 containcd 25 whites (15 less than I foot tall), 21
blacks (15 less than I foot), and 5 reds (from 2 to 4 fcct).
In 2004 Plot 7 contained only 3 blacks and 2 reds. Onc black, thc recovering stump
of a formerly much taller tree, was 7 feet tall. Plot 7 was 100 % covcred with Batis. At thc
2005 survey Plot 7 contained the same 7 foot black, 4 whites from 2 to 6 feet, and 27 reds
(from 2 to II feet). Forty three red seedlings (< I foot) were also counted.
In September 2006 Plots 5 and 7 were both nearly 100% covcred by Batis. Only
one tree in Plot 5 was greater than 6 feet tall. It was a 7 foot tall black. Numerous
seedlings, 14 reds and 144 black, were counted in Plot 5. Plot 7 contained 4 rcds over six
fect (mean height =13.7 feet). Numerous blacks (15) and whites (15) were prescnt but all
werc below 6 feet tall. There were 32 reds in Plot 7 at the 2006 census. Plot 7 contained
very few seedlings: about 14 seedlings of blacks and whites and no reds were present.
1611 B
13
Control Plots... Plots 9,10 and 11 (Appendix B)
Plots 9, 10 and II (Appendix C, Photos 9, 10, and 11) are in areas that were originally
selected because the trees in these plots looked healthy compared to the dead trees seen in
1996 throughout most of the die-off area. There have been changes in the structure of these
plots, sincc the project began, but thcrc have been no major die backs. Large trees have
fallen but they are being replaced by new growth. Mangroves in Plots 8, 9, and 10 wcre
probably damaged by Hurricane Wilma. Numerous large blacks fell throughout the forest
during Wilma which crosscd thc project site, on October 24, 2005, aftcr the 2005 survey was
completed. A crew was sent into the forcst in early November 2005 to inspect and clear all
of the flushing cuts throughout the project.
Mangroves in Plots 9 and 10 continued to do well. The large (>25' tall) black
mangroves in these two control plots remain healthy. A very large black in Plot II fell into
Plot II and crushed most of the tall red mangroves in about Y:, of the plot (Fig 3).
Presumably this occurred during Hurricane Wilma.
Discussion
Annual rainfall amounts from 1996 through October 2002 have been less than the
exceptionally heavy rains of 1995 when many large and small trees died. This factor
alone probably contributed greatly to the start of the recovery process seen during 1997
and which apparently continues through 2002. In 2003 rainfall exceeded, by several
inches, most of the previous years yet the mangroves within the Strand impacted area
continue to thrive. This success in survival throughout the wet season is undoubtedly
due to the construction and maintenance of the flushing cuts throughout this area.
Rainfall in 2004, despite the hurricanes which passed the project area, was less (through
October) than the previous years.
Since the forest floor within the entire forest is virtually level the success in forest
regeneration that we have seen near the Strand is due to the network of small flushing
cuts that have been dug throughout most of this area. Each channel, due to the level
topography, can only drain a small zone. It is within these narrow zones, on each side
of most channels, where mangroves have recruited successfully and which continue to
16Jl B
14
grow. Two large areas, east of the main North South channel, where flushing cut
networks have not yet been dug remain stressed with little sign of recovery. Flushing
cuts will be dug in these areas within the next 2 or 3 years. The dense growth of
mangroves in and around Plots I and 3 contain a mixture of reds, black and white
mangroves. At present the white mangroves are most abundant but this seems to be a
pattern typical of natural recruitment of mangroves in similar areas throughout the Clam
Bay area. Casual observations on small areas that have been damaged by lightening
strikes show that the first mangroves to recruit to the openings are usually whites.
Eventually these are out competed and replaced by blacks and or reds.
During 1999 Batis maritima died out over much of the forest floor. By October
200 I it recovered again across most of the forest floor and within the boundaries of
most of the LES monitoring plots. Presumably the 1999 die-off was due to the large
amount of rainfall in this area as recorded at the Pelican Bay Golf Course during
September 1999. Direct rainfall and heavy runoff from upland developed areas around
Clam Bay presumably combined to hold water levels above the tolerance levels of
Batis. LES staff has wituessed water flowing, from the sprinkler systems on the
condominium grounds, across the Strand road into the mangrove forests. The control
plots (9, 10, and II), and Plot 8, due to shading from an intact mangrove canopy, were
never covered by Balis. After the flushing channels were dug in the main die-off area,
to the east of the Strand, Balis quickly recovered. Due to the change to a once per year
monitoring schedule we cannot accurately chronicle how quickly Batis responded to the
changes in hydrology brought about by the new chaimels. Batis continued, in 2005, to
flourish in the plots that are not shaded by dense tree growth. Shading by dense growth
of trees has reduced Batis coverage, as observed in 2006, in Plots 1,3,4, and 8. All of
these plots have very dense stands of mangroves ( see Appendix C Figures I, 3,4, and
8). In comparison plots 2, 5, 6 and 7 are nearly completely covered ( during 2006) with
Batis and contain few mangroves (Appendix C Figures 2, 5, 6 and 7)
Prior to the construction of the flushing cuts LES staff established their locations by
looking for very wet low spots. These spots were marked with flagged stakes. This was
done during the dry season when the die-off area was otherwise dried out. The wet spots
(and very soft spots) presumably represented the lowest elevations within the forest.
Most of the wet spots were devoid of any trace of plant growth. Following the walking
survey a network of small channels were marked and later dug by a crew from
Floraquatics, Inc. Some of these low spots were adjacent to the Riley experimental
plots. We attempted to avoid those areas. New flushing cuts were dug during the
summers of 2004 and 2005. Maintenance of these cuts is normally done before the wet
season begins and after storm events.
The rearrangement of the mangrove results into areas with and without flushing
channels was done to emphasize the impact and effectiveness of the flushing channels.
Those plots adjacent to old channels (Plots 1,3,4 ,and 8) support the best growth of
mangroves, mangroves, in plots 2 and 6, adjacent to new channels dug in the summer
of 2004 have not had time to respond to improved tidal flushing, and plots 5 and 7(not
near flushing channels) do not support sustained mangrove growth. Many new
channels will be dug throughout the main die-off area during the dry season of 2005. It
1611 8
15
will be interesting to observe the forest's response to this network of small flushing cuts.
The count and mean height (in feet) of trees 6 feet and above in each of the plots
(Table 1) demonstrates that the control plots (Plots 9, 10, and II) are dominated by
fewer but more large trees. Hurricane Wilma (Figure 3) knocked over many large trees
in the forest... . including one large black mangrovc in Plot 11. This tree fall crushed
many smaller reds and whites.
Flushing cuts were installed near plots 5 and 7 during 2005. They have not been in
place long enough to see the strong response characteristic of the plots and general
forest in areas where flushing cuts have been in place for several years.
Figure 3, a photo of control plot 11, shows a large black mangrove which fell into
Plot 11. It crushed numerous smaller mangroves of a wide size range. During
September 2006 numerous seedlings, mostly red mangroves, were observed beneath the
fallen black.
No large trees fell in the other 2 control plots but from the 2006 and 2005 tree height
graphs and Table 1 it seems apparent that the hurricanes in 2005 did some damage to
the impacted plots. The tallest mangroves were lost in several plots but the damages
could have been due to other causes.
Table
1.2005
Mangrove counts and mean heights of trees greater than or equal to 6 feet (September 2005 survey).
White Black Red
Plot count mean count mean count mean
1 96 11.4 3 7.0 16 8.1
2 1 6.4 0 0
3 104 8.2 2 9.8 0
4 26 31 11.6 10 8.0
5 0 0 0
6 1 6.0 2 6.6 0
1611 B
16
7 1 6.0 1 6.3 3 9.4
8 15 15.0 5 21.3 7 17.8
9 6 9.6 6 20.8 0
10 7 7.3 7 14.4 36 9.3
11 0 5 25.0 17 20.8
Table
1-2006
Mangrove counts and mean heights of trees greater than or equal to 6 feet (September 2006 survey).
White Black Red
Plot count mean count mean count mean
1 84 12.29 6 15 12 9.07
2 4 0 0
3 89 8.17 8 9.94 0
4 29 9.79 10 14.42 11 9.79
5 0 1 7 0
6 5 6.85 1 6.17 1 11
7
8 18 12.6 4 2.25 10 8.9
9 0 4 25 2 8.3
10 6 10.47 8 22.25 36 10.13
11 0 4 26.25 14 21.86
1611
~,
tl
17
Figure 3. Plot 11 Tree falls.
16/1
B
18
Literature Cited
Collier County Environmental Services Division. 1994. Clam Bay Natural Resources
Protection Area (NRPA) (Draft), Publication Series NR-SP-94- 1. 92pp.
Hatcher, M. 1996. Clam Bay, Collier County Natural Resources Department. Six page
memorandum date May I, 1996.
Lewis Environmental Services, Inc. 1997a. Clam Bay Restoration Project, Report
Number I, February 1997, Time Zero Monitoring. LES, Inc. Tampa and Summerland
Key, Florida
Lewis. Environmental Services, Inc. 1997b. Clam Bay Restoration Project, Report
Number 2, November 20, 1997. Time Zero plus I Year Monitoring. LES, Inc. Tampa
and Summerland Key, Florida.
Lewis Environmental Services, Inc. 1999. Clam Bay Restoration Project, Report
Number 3, March II, 1999. Time Zero plus 2 Year Monitoring. LES, Inc. Tampa,
Florida.
Rliem, A.E. 1974. A study of the marine algae epiphytic on tlie prop roots of
Rhizophora mangle, L., from Tampa Bay to Key Largo, Florida. Ph.D. thesis,
University of South Florida, Tampa, Florida.
Tropical BioIndustries Company and Gee and Jenson, Engineers-Architects-Planners,
Inc. 1978. Carbon flows in portions of the Clam Pass estuarine system, Collier County,
Florida.
Yarbro, L.A., P.R. Carlson, S. Brinton, T. Armeniano, J. Absten and D. Smith. 1994.
Mangrove mortality in Florida Bay. Abstract. Society of Wetland Scientists meeting,
May 30-June 3,1994, Portland, OR. I p.
1611 B
19
Appendix A. Monitoring well data.
1611 B
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Appendix B. Batis cover and Mangrove size class distributions.
r
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34
Balis cover 1999 thtough 2006
120
100
1."29/199.
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.. __ --------c 105127/1999
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35
Plot 1 Red Mangroves
September 2006
o
-,----.,..----,---'",---
-----__..__0__---- _ ------~ ------.--
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
height -ft.
Plot 1 Black mangroves
September 2006
5
4 --------.--~---- ------..------..--------------
o ---.......,.-.......,--.~..,--~.,-_.-.,...----,-
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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
helght-ft
16 I
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1611 B
36
Plot 1 White Mangrove. - September 2006
14 -..---'---- --.- ---- .------.- ---~-._-_.'---- - ------..----- .._---- ----- ----...----------------------
......to 18,165
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Plot 2 Red Mangroves - September 2006
-- -----~._.__._----_._-~---
o
2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20
helght-ft
Plot 2 White Mangroves. September 2006
16
14
12
- --------------------------.----.-
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4
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38
No black mangroves in Plot 2 at the September 2006 survey
35
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39
Plot 3 Red Mangroves
September 2006
----_.__._..._---.-_._.~-~....-_.- -_.-- ----.----...-------
10
5
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2
3
4
5
6
7
6
9 10 11 12 13 14 15 16 17 16 19 20
height -ft.
Plot 3 Whlta Mangroves
September 2006
50
4-to 361
45
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35
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15
10
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Plot 3 Black Mangroves
September 2006
-,-
16 11 B
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6
6
9 10 11 12 13 14 15 16 17 18 19 20
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7
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41
Plot 4 Red Mangroves
September 2006
--.-...--- .-- --------_..- -....-.---....--.. ---. - -_.,-,----------- ---..-----------..- ---
----- .._._---~-- .._-----_._--~-_._-_.__._._._-
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
height ~ ft.
Plot 4 Black Mangroves
September 2006
o
-,
-
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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
height It.
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Plot 4 Whita Mangtoves
September 2006
50
10303
45
40
35
16i 1 8
42
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o
- ,--.-----T--,....---'---- t' _.."--,-__...._..u,.._.._,
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
helghlft.
25
20
15
a. 15
"E
8
~
S 10
o
5
o
160
140
120
1S 100
,.
'E
8 80
~
& 80
0
40
20
0
1611 B
43
Plot 5 Red mengroves
September 2006
------,----_._---_._--_.__._..-~.._.._._.._--~----_._.- -------
~...
...--,---,---r---..,.-,-....--
--,---.,......-.._-,
9 10 11 12 13 14 15 16 17 18 19 20
height-it.
2
3
4
5
8
8
7
Plot 5 Black Mangroves
September 2006
---'.- -.--.----.--...------..----------------------------------.--------..---.-------
_..,._._________...__w.._______._ .
-_..-....-------------- -------..----
-~----,--.----,---~_.-;-
_.__-,---..,-.......--,-~_..-----~.-.________r----,.-- ---,
2
3
4
5
7
8
9 10 11 12 13 14 15 16 17 18 19 20
height-ft.
6
14
12
10
c;
ii 8
}
~
;>
" 6 ----
~
0
l)
4
2
0
1611 B
44
Plot 5 Whita Mangroves
Septembet 2006
-----~.~._._--- ,------ -----------------
- -----_.~..,--_.~._----- -
----.--------..--------------
--_..~.._--j
2
3
-,--~------- ,..-----.,--- ,----- --------_._-------_...,_._--~------_.._-- '-
-,---".---,-_..._--..,--'......,..-...,.- ------,-.----,.------,
-......-.,......--.,..
9 10 11 12 13 14 15 16 17 18 19 20
height-it.
4
5
6
7
8
2.5
2
0
-a
N 1.5
e
0
0
~
-
"
::I
0
"
0.5
6
5
o
-a4
Ne
o
~ 3
1!
::I
,32 --
o
o
Plot 6 Red mangtoves
September 2006
-_.__.._.,_._-_._--,..---_..__.~---_.-
~'------'-'~-'-'
------,-...,.-....,......--.---,.--
2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20
height (ft.)
Plot 6 Black mangroves
September 2006
___ _._"_~,.__._..._____....____...___.___..m_..___'__._._______
- f~J-=~-:==~=
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
height (ft.)
.,....__._----~,-"---~.._"._-
1611 B
45
1;
a. 10
16 J 1 8
46
Plot 6 White Mangroves
September 2006
16
14 __ __.__ __ _______ ___,___ ___~.______.._.__. _.______.___...______________n_.. ,---
12 ____ ____ ___..'__~_' _. __ ._..-__0' ___ ".._..__ ,.____._______ - --..---- ---- --....------.-- ..__n___
-~------_..------ --.----
- _________...______._____n___________ --.--.---."---
"e
g 8 -.,.------------- .,---- --.. -------....---..----------------.--..--------
-
i!
" 6
o
u
4
2
11 ,_lll__-J,--"--,
- --. ,--_..,.---,.------,-----,
_....,---_.--.--_.~---,----_.--,
o
2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20
height (ft.)
1611 8
47
Plot 7 Red mangroves
September 2006
16
14
12
'0
c. 10
NE
g B
-
-
S 6
o
u
4
11~
2
o -
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
height (ft.)
Plot 7 Black mangtoves
September 2006
9
B -"-- "---------"--~-""---------"---"--
----_._._._-_._-----_.--,--~--~--_.-._--_.-
7
'0 6
a.
NE 5
co
co
-
_ 4
1:
::>
83
2
o
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
helghl(ft.)
1) 6
ii
E 5
8
~
_ 4
~
c
"
8 3
Plot 7 White mangroves
September 2006
9
8
7
-"-----------...---.- ------'.---- ----....--------.---- ..--' ...----.--.,----
.---.-----'-- ---.-----.-----.-----.-.-.--.-....--.-.----. ..-------
------- ----------------
2 __M
-- ---------- --..--------.,--.-----------.----- ------------- -.-----
o
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
height (It.)
1611 B
48
-..-,-......---- ". _.-..._-_._-_."-"-"-~-_._----
100
90
80
'6 70
ii.
N 80
E
.. 50
..
-
~ 40
c:
"
8 30
20
10
0
'6
ii.
Ne 30
8
-
~ 20
"
8
1611 8
49
Plot B Red mangroves
September 2006
......10115
._--~--------"' ----- --- ------ ...--.-.-.......---..-..---
~.______ ____._____ _ _ __.M___~___.__.. --,.-.------ ----.--..-------.-------..-.---~ ---
-----.------ ------- -------
.--~,._- -----. .-----_...------ -----.-----.'.---- ---- --...-.---......------
---'-' ,
-
-.--,.-....,--r-'-,--'r--,--'-'
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
Plot B Black mangroves
September 2006
50
40
-'--- - --.----- -------...------,----.
------.-.--....---....-------------.-.------------.-..---------
10
-- ~-_.__.----~----- ------
o
--T--'-'---- --1----'----,---, -'",- ~.,..---;'-
--r---.'-,--~--T.- --T'" --, . ....,.............--,...-----,-
T--~--,l
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
'0 20
ii.
N
E
C>
C>
-
-
1:
"
8 10
1611 B
50
Plot 8 White mangroves
September 2006
30
to 418
o
tJ""T__'__r._llll.,I.,--~T._-~ ~T-.T-.rn.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
'Ci
a. 10
NE
g 8
-
-
c
~ 6
o
u
35
30
25
'Ci
a.
<'Ie 20
g
-
C 15
~
8
10
S
16
14
12
4
2
o
Plot 9 White mangroves
September 2006
----, -,~-,--,_._--'--'--'--' -..-..-.----.'- .._---"-----
----_._--_..~-~_..._-----
. -----r-.-.-.--r.--~T...---r-_r_....,...----T____,____,_---
,--~
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
Plot 9 Red mangtoves
Septamber 2006
o
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (fl.)
16 11 B
51
16
14
12
"0
'li. 10
N
E
CI 8
CI
-
1: 6
::l
0
u
4
2
0
Plot 9 Black mangroves
September 2006
.,---,----- ---~--_.--_._...,--_.~
__...________.u_______..___ ______.
,--"--r"'-'-'---r'-- 'T--....-I._.---T.-~.-,---,--~.
16 i 1 'B
52
~H ~cn1.
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
1611 8
53
Plot 10 Red Mangroves
Septamber 2006
30
25 -------- "----"---~-"----"-
15 20
D-
E
8,5
r
------.""-"..----------- -----------_.__._._-~.---~---
-
~
"
8 10
5
o
-,.-----,-...,...---y-
,- ~"-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (ft.)
Plot 10 Black mangroves
September 2006
30
27
24
'021
D-
Ne 18
815
'"
1: 12
"
8
9 -".. ---------"
--~-_._._-------~-
6 -~ ,---------
:T~._-'-C-~- _-_T~-~~~-r~_.~~ -_-_--,-1--,
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
height (11.)
---------_.----- _..---_..._---,--_.~
1)
Q. 30
1:
..
..
-
..
c
a 20
u
16 11 8
56
Plot 11 Whlta Mangroves
Septembet 2006
50
to 288
40
---~_._..__._--_._----_._-_.._-_.__.__.__.__._--_.-._-._--------~-_.._--_..-----_.__._-
10
o
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
height (fl.)
1611 8
57
Appendix C. Monitoring Plot Photographs September 2006
.----..,.-.............-.........----.-
,._-_._~--,-~--'._.__....._~._..._. '-',-'- -_._--_..~"-_..._--~--"_.,-
1611 B
Figure 1. Plot 1. September 2006.
-,----~"----,-_.,,~......_..."...,-"_._'--'_._."~.
16 j 1
I?'"-':
r\."a
U
Figure 2. Plot 2, September 2006.
_'"k'_,____..~,._....,'"..._,___~__.,__'_._.~
1611 B
".-..-_--">.._.--~..._...._--~.__._._~._._.._------'~
1611 B
Figure 4. Plot 4. September 2006.
, --~--~-"-"-----"-'.'-'.'-"'>'~""""""_._--._'''--..--
1611 8
Fisure 5. Plot 5. September 2006.
X;'. .
._~~~___m."'"'""'- ._._~.,.~-- ....-- ..<,,-.,...-.,,"-->----~.-,-.-.-.~.-
1611 B
Figure 6. Plot 6. September 2006.
1611 B
re 7. Plot 7. September 2006.
j ,',-<1-.
1611 B
16 11 B
Figure 9. Plot 9, September 2006.
1611 B
Figure 10. Plot 10, September 2006.
1611 B
Figure 11. Plot 11, September 2006.
16/1 B
CLAM PASS RESTORATION AND MANAGEMENT PLAN
BA THYMETRIC MONITORING REPORT NO.7
Including Interior Bay Dredge Cuts
and Tidal Data
Submitted to:
Florida Department of Environmental Protection
DEP File No. 01284163-001-JC
Submitted by:
Pelican Bay Services Division, Collier County
Prepared by:
Humiston & Moore Engineers
HM File No. 9-068/13-078
January 2007
Main Of nee :
5679 Strand Court
Naples, FL 341lO
Phone 239 594 2021
Fax 239 59.... 2025
e-mail : mllil@h!..n~QlJan_4m.o.9re,!';Q_l!I
lBrIlHUMISTON
. & MOORE
ENGINEERS
(O"ST"'~
I-H1 "GO."".''''''''
A.NDP[IMITl...G
East f."oast Otlkt" :
805 East Ilill'lhoro, 11103
Deerfield Beach, FL 334....1
Phone 954 428 2550
Fax. 954 428 4733
web site: \\'\\w.humislonandmoore.com
1611 B
CLAM PASS
BATHYMETRIC MONITORING REPORT NO.7
Including Interior Bay Dredge Cuts
and Tidal Data
CONTENTS
1. Summary. .... .............. ............ ....... ........... ........ ........... ....... .... .......4
2. Introduction .............. ........... .................. .................. ........... ..........5
3. Inlet Cross Sections .....................................................................5
4. Interior Channels.. ........... ........... ....... ....... ........... ........... ........... .15
5. Tidal Study .................................................................................15
6. Shoreline Change ......................................................................20
7. Conclusions and Recommendations..........................................24
8. Recommendations for Ongoing Monitoring................................25
9. Previous Recommendations ......................................................25
10. Comments on CP&E Independent Analysis of Clam Pass ....26
11. References. ........... ........... .................. ........ ........... ........... ........29
LIST OF TABLES
1. Average Cross Sectional Areas - Cut #4 ..................................10
LIST OF FIGURES
1. Clam Bay Site Plan .......................................................................6
2. Clam Pass Dredge Cut #4 ............................................................8
3. Average Cross Section of Flow in Cut #4 Segments ..................11
4. Cumulative Shoaling in Cut #4 Segments...................................12
5. High Tide Phase Lag...................................................................17
6. Low Tide Phase Lag ...................................................................18
7. Clam Bay Tidal Range ................................................................19
8. Relative Shoreline Position In Comparison to 1999....................21
9. Clam Pass Contours ...................................................................23
APPENDICES
Appendix A. Cut #1 ...........................................................................30
A-1 Aerial
A-2 Cross Sectional Area Chart
A-3 Cross Sectional Area Table
A-4 Cross Sections (0+00 to 2+46)
A-5 Cross Sections (3+43 to 6+59)
A-6 Cross Sections (7+21 to 8+59)
2
1611 B
Appendix B, Cut #2 ...........................................................................37
B-1 Aerial
B-2 Cross Sectional Area Chart
B-3 Cross Sectional Area Table
B-4 Cross Sections (0+00 to 2+66)
B-5 Cross Sections (3+13 to 6+01)
Appendix C, Cut #3 ...........................................................................43
C-1 Aerial
C-2 Cross Sectional Area Chart
C-3 Cross Sectional Area Table
C-4 Cross Sections (0+00 to 2+95)
C-5 Cross Sections (3+65 to 7+03)
C-6 Cross Sections (7+54)
Appendix 0, Cut #4 ...........................................................................50
0-1 Aerial
0-2 Cross Sectional Area Chart (0+00 TO 7+10)
0-3 Cross Sectional Area Chart (7+50 TO 18+28)
0-4 Cross Sectional Area Chart (18+70 TO 35+37)
0-5 Cross Sectional Area Table
0-6 Cross Sections (0+00 to 0+50)
0-7 Cross Sections (0+75 to 1+25)
0-8 Cross Sections (1+50 to 2+00)
0-9 Cross Sections (2+37.5 to 3+64.5)
0-10 Cross Sections (4+10 to 5+10)
0-11 Cross Sections (5+60 to 6+60)
0-12 Cross Sections (7+10 to 8+00)
0-13 Cross Sections (8+50 to 9+50)
0-14 Cross Sections (10+00 to 10+50)
0-15 Cross Sections (11+00 to 12+00)
0-16 Cross Sections (12+50 to 13+50)
0-17 Cross Sections (14+00 to 15+00)
0-18 Cross Sections (15+50 to 16+50)
0-19 Cross Sections (17+00 to 18+00)
0-20 Cross Sections (18+28 to 19+21)
0-21 Cross Sections (20+82 to 22+20)
0-22 Cross Sections (23+10 to 25+84)
0-23 Cross Sections (26+39 to 29+13)
0-24 Cross Sections (29+89 to 31+53)
0-25 Cross Sections (32+04 to 34+23)
0-26 Cross Sections (34+72 to 35+37)
0-27 Inlet Volume Dredge and Cumulative Volume Dredge
0-28 Cross Sections (3+65 to 7+03)
Appendix E, Beach Profiles........ ........... ........... ....... ........... ...............77
E-1 Aerial
E-2 Reference Monument Plots (R-38 to R-41)
E-3 Reference Monument Plots (R-42 to R-44)
E-4 Shoreline Position Relative to OEP Monument i
E-2 Shoreline Change June 05 - July 06
E-2 Shoreline Change 1999 - 2006
3
1611 B
CLAM PASS RESTORATION AND MANAGEMENT PLAN
BATHYMETRIC MONITORING REPORT NO.7
January, 2007
1. Summary
The Clam Pass Restoration and Management Plan was implemented in 1999 to improve
flushing of the Clam Bay System and mangrove preserve. Additionally, the flood tidal shoal
and some of the inlerior waterways were dredged at the same time to improve the hydraulic
efficiency of the inlet and increase the tidal prism. The improved tidal prism means more
water goes in and oul of Clam Pass on each tidal cycle and this larger volume of water
generates stronger currents in the inlet which help to keep the iniet open and maintain the
flushing improvements.
Since the 1999 dredging, annual monitoring data has continually shown that implementation
of the dredging element of the Clam Bay Restoration and Management Plan has
significantly improved tidal exchange throughout the bay system. The maintenance
dredging of the flood shoals in January 2002 was shown to be beneficial to maintaining the
improved tidal prism. Seven years after the initial dredging in 1999 and nearly four years
after the maintenance dredging of the flood shoals in 2002, monitoring data show the
average cross sectional flow area through the inlet remains at more than twice the cross
sectional area prior to the 1999 dredging. Additionally, the tidal ranges and phase lags
continue to show that Ihe bay system is flushing more effectively than prior to the 1999
dredging. The 2005 Monitoring report recommended Ihat another maintenance dredging
event be schedule for the winter of 06/07. In response to this recommendation a Notice to
Proceed has been granted by the Florida Department of Environmental Protection 10
conduct another maintenance dredging of Clam Pass. The maintenance dredging will be
limited to Cut 4 between stations 0+00 and 18+00, which are located at the entrance of the
inlet, and portions of the flood shoal. No dredging is currently proposed for any of the interior
channels (18+28 through 35+37) including cut #1, cut #2, and cut #3.
The 2006 average cross sectional area is nearing or surpassed the shoaling conditions
which existed prior to the maintenance dredging which was completed in 2002. Although
the tidal data shows that flow through the inlet is still significantly stronger than the pre-1999
conditions and may be sufficient to maintain flushing to the bay for the time being, there are
indications that the flow through the inlet has diminished somewhat since the 2002
dredging. In order to reduce the potential for tidal exchange being diminished to the point
where flushing might be inadequate, maintenance dredging is scheduled for early in 2007.
There has been recent discussion about Collier County expanding the dredging to include
the ebb shoal for the purpose of obtaining additional sand for nourishment of the Clam Pass
Park beach. This approach would provide immediate relief to the erosion problem on the
park beach; however, it may also have long term consequences that should be carefully
considered because a common impact from dredging inlet ebb shoals is increased erosion
of adjacent beaches.
4
1611 B
2. Introduction
This report was prepared to fulfill the requirements of DEP permit 0128463-001-JC and
presents the ninth set of monitoring data collected following implementation of the dredging
element of the Clam Bay Restoration and Management Plan in April 1999. Previous
monitoring of Clam Pass dredging has been reported in "Clam Pass Bathymetric Monitoring
Reports" numbered 1 through 8 which document dredging events and rates of shoaling in
Clam Pass in fulfillment of Florida Department of Environmental Protection Special Permit
Condition 10 contained in Permit No. 0128463-001-JC.
Due to the dynamic nature of Clam Pass and the importance of maintaining the tidal flow to
the Clam Bay system, Collier County had dredged Clam Pass in the spring of every year
from 1995, to 1999. The dates and permit references under which dredging had been
conducted from 1995 to 1999 are presented in earlier monitoring reports. In 1999, the pass
was dredged under JCP permit 0128463-001-JC, as part of the implementation of the Clam
Bay Restoration and Management Plan, which included dredging portions of the flood
shoals and inner channels to improve the hydraulic stability of the inlet and reduce flow
restrictions to and from Upper Clam Bay and Inner Clam Bay. Figure 1 shows the cuts
which were dredged as part of the Restoration and Management Plan.
The mosl recent dredging of Ciam Pass was completed in January 2002, as maintenance
dredging under the same permit. The portion of Cut 4 which lies close to the inlet is the
most rapid shoaling area in the system, and is the part of the project which required
maintenance dredging in 2002. Another maintenance dredging event is schedule for early in
2007, which will also be completed under the JCP permit 0128463-001-JC and limited to
Cut4.
This report presents the results of the July 2006 monitoring of the inlet plus the immediate
vicinity, which has been covered in previous monitoring reports. Additionally, this report
includes monitoring of the inner channels. The inner channels are monitored on two year
intervals because previous monitoring has demonstrated that the shoaling rates in these
areas are much lower than the rates in the entrance channel and flood shoal. Figure 1 is a
location map of the study area, which shows the locations of the four dredge cuts and the
beach profiles surveyed at the DEP reference monuments.
3. Inlet Cross Sections
The channel cross section plots for Clam Pass and the flood shoal are presented in
Appendix D. This includes stations 0+00 through 18+00 of Cut #4 which is the entrance
channel and the portion of Cut #4 subject to the most active shoaling. Figures D-1 through
D-21 show the November 1999 post dredging survey in comparison to the two most recent
monitoring surveys from June 2005 and July 2006. Figure 2 illustrates the location of the
monitoring stations. Cuts 1, 2, and 3 are inner channel cuts which will be discussed later.
Clam Pass is a relatively small inlet with a relatively small tidal prism, and therefore has
limited tidal energy to generate currents 10 scour sand from the channel. Because of this the
inlet dynamics are predominately wave induced rather than tidally induced, it is susceptible
to migration or even closure. The problem manifests itself when storm waves generate high
levels of littoral transport along the beach, which may deposit significant amounts of sand in
5
HM
CIAl.l P"-SS
DREDGE CUT SITE
FOR: COLLIER COUNTY
DATE: 11 20 06 I : SITEPIAN
JOB: 1307B ATUlol: NONE
(('I"'~IA
ENC,JIoEfRINC, DESIGN
ANOI'EP.IoAITTI'\IG
6
1611 B
PIAN
5679 STRANO COURT
NAPLES. FL 3411 0
FAX: (239) 59.-2025
PHONE: (239) 594-2021
www.humlston(lndmoore.com
CALE: 1"=1500'
FlGURE: 1
1611 B
the inlet. The effects of storms on the inlet are, however, highly variable because high storm
surge associated with some storms may generate strong tidal currents and scour action to
offset the shoaling caused by wave induced sand transport. This is what happened at Clam
Pass during Tropical Storm Gabriel in 2001.
The 2006 monitoring data illustrates the weather dependent variability of inlet dynamics.
Figure D-5 shows that an increase in the cross sectional area of flow has occurred between
July 2005 and July 2006 near the entrance of the inlet, at stations 0+00 to 1 +00, while a
decrease in cross sectional area occurred on most of the stations between 1 +50 and 10+00
within the interior portions of the inlet The increase in channel cross sectional area between
stations 0+00 and 1 +00 is due to the onshore migration of the ebb shoal due to wave
action, resulting in a general deepening of the nearshore area around the inlet entrance. A
significant amount of this sand moved onshore, primarily south of the inlet, however, some
of the sand was pulled into the interior potions of the inlet and deposited on the flood shoal.
The onshore movement of sand from the ebb shoal onto the beach south of the inlet is part
of the naturai process by which littoral drift bypasses the inlet. This illustrates why inlet sand
bypassing may be more of a cyclicai process as opposed to a steady process in which a
predictable amount of sand may be expected to bypass on an annuai basis.
Channel cross sectional flow area represents an important indication of the stability of the
inlet. The mosl active region of cut #4, in terms of sand transport and shoaling, is divided
into three segments to evaluate the general conditions of cross sectional area and shoaling,
as defined below and illustrated in figure 2.
Seqment #
A
B
C
Station Limits
0+00 to 3+00
3+65 to 6+10
6+60 to 18+00
Segment A is the mosl active zone which includes the cut across the landward portion of
the flood shoal and the beach. Segment B includes the portion of the flood shoal closest to
the inlet. The channel is wider in segment C, which may be considered the inner portion of
the flood shoal, and current velocities are therefore lower in this segment. The lower current
velocities allow shoaling to occur here when sand is pulled into the inlet on flood tide.
Segment A is typically the most dynamic because it crosses the littoral zone. Rapid shoaling
may occur here during periods of high wave energy when littoral transport rates along the
beach are high. Strong tidal currents may scour some of that sand out of the channel,
particularly during a storm surge, or spring tide which is the part of each month when tidal
currents are the strongest. To some extent the same is true for segment B because sand
scoured from A on a flood tide is carried into Band C. Segment C has the largest cross
section and therefore the slowest currents, and sedimenl that reaches this interior part of
the flood shoal therefore tends to accumulate there until it is dredged. Dredging that keeps
C open helps to maintain the strong tidal currents that are capable of scouring sand out of A
and B.
Table 1 and Figure 3 illustrate the variability that occurs from shoaling which decreases the
cross section and scour which opens it back up again. Note that the cross sectional area for
A and B fluctuates about Ihe 200 square feet level, indicating that this is close to the
equilibrium cross sectional area. Segment C, however, shows a tendency for the cross
7
R-41
1611 B
L
,
IBrIlHUMISTON
c .. . l!I MOORE
ENGINEER
IHM ~~t;:~~"..""",
ANO'UO:l.llll't.lG
4
5679 STRAND COURT
NAPLES. FL 34110
,AX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
FOR: PBSD
DATE: 11 2D
JOB: 13 078
D6 FILE:DREDGE CUT CALE: 1"-200'
ATUM:NONE FIGURE: 2
8
16J 1 B
section to steadily decrease following a dredging event. If the cross sectional area of C gets
down to the 200 feet level, there is not enough tidal energy to overcome the frictional
resistance to flow through a channel of the combined lengths of A, B, and C, and all three
segments will continue to shoal and the potential for inlet ciosure increases.
In this analysis, the channel width is measured at 0 ft. NGVD and the cross sectional area is
calculated from the area bound by the bottom profile and 0 NGVD elevation. The 0 NGVD
contour is used as a common datum for shoreline positioning. For reference purposes,
mean high water (MHW) for this area is +1.5 feet above NGVD, mean tide level is +0.5 feel
above NGVD, and mean low water (MLW) is -0.5 feet below NGVD'.
I The elevations of Mean High Water (MHW) and Mean Low Water (MLW) are based on DEP
Special Report No. 87-2, Predicted Open Tidal Datums for the Florida Lower Gulf Coast, Balsillie,
1987, and discussions with the DEP Bureau of Survey and Mapping.
9
1611 B
The cross sectional areas have been averaged within each segment for the surveys as
shown in Table 1:
Table 1
Average Cross Sectional Areas within Active Portion of Cut #4
Clam Pass Monitoring 1998 to 2006
Date of Description of Survey Avg. Area (ft"') Avg. Area (W) Avg. Area (ft"')
Survev Seament A Seament B Senment C
10/1998 Pre-dredge 96 85 66
04/1999 Post dredge 417 301 432
OS/2000 13-month monitoring 180 198 360
02/2001 21-month monitoring 185 205 no data
09/2001 Post Tropical Storm Gabrielle 298 243 312
12/2001 Pre-maintenance dredge 301 240 342
02/2002 Post maintenance dredge 296 399 no data
04/2002 36-month monitoring 276 317 558
06/2003 50-month monitoring 177 186 537
11/2003 Posl storm 270 212 510
OS/2004 60-month monitoring 220 259 479
06/2005 74-monlh moniloring 156 215 332
07/2006 87 -month monitorina 324 181 305
Note: Monitoring time is in reference to compleijon of the April 1999 dredging.
All three segments were dredged in 1999. Only segments Band C were dredged during the
January 2002 maintenance dredging. Following the maintenance dredging in 2002,
Segment A experienced shoaling in response to high wave energy. The shoaling took the
form of a sand spit that grew across the inlet entrance from the south causing the inlet
entrance to migrate north approximately 400 feet. In Oclober 2002 scour from tidal currents
during an elevated storm tide reopened Segment A along the dredged channel alignment.
This is an example of how the increased tidal prism and stronger tidal flow resulting from the
1999 dredging has been effective in maintaining the average channel cross section above
the pre-dredge condition in 1998.
Based on the most recent monitoring of July 2006, the average cross sectional area in each
of the three segments remains substantially above the 1999 pre-dredge condition. As in
2002, the 2006 monitoring data also indicate a high wave energy event affected the region
landward transport of sand from segment A which increases the cross sectional area of
flow, while decreasing sections Band C. In addition, it is evident through Table 1 that the
average cross sectional area of flow of Segments A, B, and C are close to the levels of the
December 2001 pre-maintenance dredging.
Figure 3 presents a time series plot of the average cross sectional areas from Table 1. This
further indicates that maintenance dredging is needed. A detailed listing of individual cross
sectional areas for each station is presented in Appendix D.
Another way to evaluate the stability of the inlet is to consider the amount of sand which is
accumulating within each of the three segments. The volume of sand accumulated in each
segment was calculated based on surveys conducted since the dredging of the inlet in April
1999. The results are presented in Figure 4, which represents the cumulative volumetric
change within each segment. The volumetric change is presented as a total volume change
measured across the entire surveyed cross section, and therefore may actually be more
10
16J1 B
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1999
2000
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2002
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2004
2005
2006
2007
FIGURE 3. AVERAGE CROSS SECTION AREA OF FLOW
IN CUT #4 SEGMENTS
11
16J 1 B
TtlOPICAL DREDGE
STORY GABRIEUE SECT10HS Me STOR"
7000 -Tr+
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-4000
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1999 2000 2001 2002 2003 2004 2005 2006 2007
FIGURE 4. CU~ULATIVE SHOALING IN CUT #4 SEG~ENTS
12
1611 B
than the total amount of sand accumulated within the limits of the designated dredge cut. In
general, the total cumulative volume would normally be greater than thai which
accumulated within the more limited area between the dredge limits, which is apparent for
Segment A in Figure 4.
The baseline for the dredge cut volume is the dredge template; following a dredging event
the dredge cut volume would be zero if all the lines and grades were achieved. In practice a
small amount of material has been left in the dredge cut because there are some areas
where the digging depth has been decreased to avoid excavating undesirable material. For
convenience, the baseline for the total cumulative volume was arbitrarily established as the
same value as the dredge cut volume for the 1999 post dredging data point on figure 4. This
is why the total dredge cut volume may be a negative number if overdredging occurs
beyond the lines and grades of the dredge cut. The total cumulative volume on Figure 4 is
therefore to illustrate relative change for the purposes of comparison, but the actual values
are arbitrary.
The cumulative shoaling which has occurred since the 1999 dredging was summarized in
previous reports and is reproduced below for convenience, because this describes how the
increased tidal prism helps the inlet maintain itself, and how this process is affected by
storm events. The summary below was updated to include the mosl recent monitoring
interval:
April 1999 to Mav 2000: Following the comprehensive dredging completed in April 1999,
shoaling occurred in all three segments. This indicates that all three of these segments are
within the active littoral portion of the inlet system. For Segment A, approximately 50% of
the shoaling occurred within the dredge cut, the remainder represents material which
accumulated in the ebb shoal or on the beach adjacent to the dredge cut. Practically all of
the shoaling occurred within the dredge cut limits in segments Band C.
Mav 2000 to Februarv 2001: During this time period shoaling continued in Segment A yet
at a slower rate, probably because the inlet cross sectional area was near an equilibrium
condition where tidal currents were able to scour sand from the channel at approximately
the same rate that wave action deposited sand in the channel. Segment B showed very little
volumetric change. Segment C was not surveyed as part of the February 2001 survey. In
general, the flattening of the cumulative shoaling curve indicates thai segments A and B
appear to be close to equilibrium.
September 14, 2001: This interval was impacted by Tropical Storm Gabrielle. Segment A
shows that in spite of storm waves that would tend to push sand into the inlet, strong tidal
currents associated with the elevated storm tide scoured sand out of the inlet entrance. This
restored the entrance channel to the straight alignmenl that had been dredged as a design
element of the Restoration and Management Plan. This is a direct indication of successful
establishment of improved inlet hydraulics from the 1999 implementation of Ihe dredging
element of the Restoration and Management Plan.
Februarv and Auqust 2001 to September 19, 2001: Impacts of tropical storm Gabrielle are
evident within each segment. The inlet channel in the seaward Segment A was scoured and
enlarged due 10 strong currents accompanying the storm surge as discussed above.
Segment B remained essentially the same; however, some of the sand scoured from
Segment A during Gabrielle was carried in the inlet and deposiled on the inner shoal in
Segmenl C. This contributed to the increase in sand volume in Segment C for this
13
16J1 8
monitoring interval. It should be understood that Segment C is dredged to a much larger
channel flow cross section than the entrance channel, so thai a substantial amount of sand
can accumulate in Segment C before it begins to adversely affect inlet hydraulics. This area
is designed to act as a deposition basin which becomes a source of sand for beach
nourishment when inlet dredging becomes necessary.
September 2001 to December 2001: A pre-dredge survey was conducted in December
2001. This survey showed shoaling in Segment A subsequent to the scour which occurred
during tropical storm Gabrielle. This shoaling represents reestablishment of the shoal
volume which was diminished due to onshore transport during the storm. A slight reduction
in volume was evidenl in segments Band C over this time. These changes probably
represent redistribution of sand along the channel from tidal currents. A decrease in sand
volume in segment C is unusual and may be the result of changes in the shape or location
of the channel because the shoal geometry which formed under impacts of the storm is
likely to be different to the geometry that conforms to normal tidal flow.
December 2001 to Januarv 2002: Segments Band C were dredged during this interval.
This was maintenance dredging to prevent accumulation from reaching levels that could
adversely affect inlet hydraulics and the self scouring capability of the inlet. Approximately
11,500 cubic yards of sand were dredged from these two segments. The sand was used to
mitigate beach erosion on the county park south of the inlet. Segment A was not dredged
except for a small amount of dredging that was necessary to get the dredge in the inlet.
January 2002 to Februarv 2002: Immediately following the dredging, the Segment A
channel cross section increased in size due to the scour action of improved hydraulics
resulting from the dredging. Segments Band C began to shoal.
Februarv 2002 to June 2003: Shoaling occurred in all three segments similar to the time
period following the 1999 dredging.
June 2003 to November 2003: An elevated storm tide impacted the area, and sand was
again scoured from segments A, and B. Some of this sand was carried in the inlet and
deposited in Segment C.
November 2003 to Mav 2004: Minor shoaling occurred in segments A and C with minor
scouring in Segment B. There were no significant storm events and these changes should
be considered normal redistribution of sediments along the channel from tidal currents.
Mav 2004 to June 2005: Shoaling occurred in all three segments. Some of the shoaling in A
was the result of formation of a sand spit growing into the inlet from the south side, resulting
in northward migration of the inlet.
June 2005 to Julv 2006: Shoaling occurred in sections Band C, but there was a decrease
of sand volume in section A. The decrease of material in section A is probably related to
the 2005 Gulf Hurricane Season, during which there were periods of extreme waves and
tidal elevations. These condilions resulted in a general lowering of the elevation of the flood
shoal due to onshore movement of sand, and potentially scour due to higher current
velocities associated with higher tide elevations. An increase in beach width on the south
side of the inlet indicates that the onshore movement of sand from the flood shoal benefited
the park beach to the south. Since a significant amount of the material in the ebb shoal
14
16/1 B
probably came from beaches to the north, this onshore movement is actually part of the
normal inlet sand bypass process.
The lower tidal velocities in segment C are less effective at scouring sand from the channel,
resulting in more rapid accumulation of sand in Segment C under storm conditions. The
project was designed this way, because sand can accumulate in Segment C for a longer
period of time before the channel becomes restricted to a point where inlet hydraulics my be
adversely affected.
The monitoring data over the past 7 years show that the dredging completed in 1999, which
removed a significant portion of the flood shoal, has resulted in Improved stability of the inlet
system. The improved tidal prism which resulted from the dredging has allowed the inlet to
sustain the impact of the kind of storms which previously had a history of closing the inlet.
Figure 4 also provides an overall estimate of the volume of sand within the three segments.
Currently there are a total of approximately 12,000 cubic yards of sand within the dredge
limits of segments A through C. In comparison, approximately 19,000 cubic yards of sand
were dredged from the design cut from Ihese three segments in 1999. Segments Band C
contain approximately 9,400 cubic yards in comparison to 11,725 cubic yards that was
removed in the 2002 maintenance dredging.
4. Interior Channels
The interior channel cut locations are shown on Figure 1. The cuts selected for dredging
were identified as channel sections which presented restrictions to flow in comparison to
other channel sections within the bay system.
Appendix A includes a detailed site plan for each dredge cut, cross sections at nominal
intervals along each cut, and an illustration of the channel cross sectional area at each
station from pre-dredge, post dredge, and most recent surveys. This information shows that
the cross sectional area was significantly improved by dredging, and in all but few locations
the cross sectional area has changed very little since the initial dredging. This illustrates the
difference between the dynamic inlet entrance of Cut 4, which is exposed to high littoral
sand transport rates, and interior channels of Cuts 1, 2, and 3, which are not. Dredging of
the interior channels has contributed to the improved hydraulic efficiency of the bay system
and the Inlet, however, it is not anticipated that the interior channels will require
maintenance dredging as frequently as is anticipated for cut #4 in the immediate vicinity of
the inlet. The 2006/2007 dredging event will not include the interior cuts because little
shoaling has occurred since the initial 1999 dredging event occurred. Since the shoaling
rate in the less dynamic inner area has been shown to be very slow, it is recommended that
surveys continue to be conducted under the monitoring program. However, a survey interval
of 4 years should be sufficient for monitoring these relatively stable areas.
5. Tidal Study
Prior to the commencement of the March 1999 dredging, water level recording gauges were
installed at selected locations within the Clam Bay estuarine system and Gulf of Mexico to
measure tidal ranges. Tides along the southwest Florida Coast are mixed; they exhibit
15
1611 B
either diurnal (one tide per day) or semidiurnal (two tides per day) characteristics during
each month depending on the phase of the lunar cycle. Pre-construction tidal data was
collected for a full month to oblain average values representative of the general tidal
characteristics for Clam Bay, and to establish baseline conditions against which
improvements to tidal flow could be measured. The locations of the gages are included in
Figure 1.
The mixed tide characteristics of this area are important to those who frequently visit the
inlet and witness short term changes. During the neap tide part of the month when tidal
currents are not particularly strong, Ihe inlet may take on wave dominanl characleristics and
appear to be shoaling near the entrance, particularly if the neap tide coincides with high
wave energy events. During the ensuing spring tide, roughly two weeks later, tidal currents
are considerably stronger and may efficiently scour out shoals that formed during the neap
tide two weeks earlier. The purpose of the monitoring program is to monitor inlet
characteristics on a more comprehensive long term basis, with less emphasis on day to day
or week to week changes.
One of the parameters monitored during the tidal study is tidal phase lag. This is the time
difference between the high and low tide in the Gulf of Mexico and the corresponding high
or low tide in the bay. The magnitude of the phase lag is an important indicator of inlet
dynamics. Figures 5 and 6 show a comparison of the tidal phase lag at high and low tide
conditions at three tide gage locations within the bay system. In each case the phase lag
was reduced as a result of the dredging, indicating Ihat the filling and draining of the bay
occurred more quickly due to less resistance to flow at the inlet. Additionally, Ihe pre-dredge
low tide phase lag was larger than the pre-dredge high tide phase lag and the post-dredging
low and high lide phases are now very similar. This asymmetric improvement is because
the dredge cut represents a much greater percentage increase in cross section of flow near
low tide Ihan it does at high tide. This is illustrated by some of the more heavily shoaled
areas that were so clogged with sand that they would be nearly dry at low tide, whereas
after the dredging those areas are deep enough to support significant tidal flow even on the
lowest tides. This enhanced flow near low tide contributed significantly to the improved tidal
exchange.
The most recent tidal data, from August through September 2006, shows an overall small
decrease in the high tide and low tide phase lags over the previous period, with the
exception of the data from the tide gage near Ihe Registry Resort. The Registry tide phase
lag increased by two-fold which is unrealistic and indicative of a faulty tide gauge. The data
from this gage will therefore be not be considered in the analysis. The decrease in the
phase lags at the other gage locations may be attributed to the increase in flow cross
section In segment A. The tide phase lags remain significantly below the pre-1999 dredging
conditions, indicating that the improvements continue to support better tidal circulation and
hydraulic efficiency of the inlet.
16
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19
1611 B
The relative tidal range was also evaluated for the post 1999 dredging conditions at each
tide gage location as illustrated in Figure 7. In each case there was a significant increase in
the tidal range as a result of the March 1999 Clam Bay Restoration dredging project. The
dredging opened up the channel and reduced resistance to flow, thereby allowing more
water into the bay in a shorter period of time. Since more water gets into the bay on flood
tide and more leaves on ebb tide as a result of the reduced restrictions to flow, the average
tidal range increased.
The January 2002 maintenance dredging appears to have helped to maintain the improved
tidal range, which remains significantly above the pre-1999 dredging range. The most
recent tidal data, from July 28 2005 through November 04, 2005, and August 08, 2006
through September 24, 2006 show that the tide ranges have remained significantly higher
than the pre-1999 dredging condition.
6. Shoreline Change
Plots of wading depth profiles surveyed at DEP reference monuments R-38 through R-44
are presented in Appendix C. The beach profiles include data collected in 1999 plus the two
most recent annual monitoring surveys to illustrate both cumulative and recent changes.
The monitoring program includes profiles at 4 monuments north of the inlet, R-38 to R-41
and 3 monuments south of the inlet, R-42 to R-44. The following discussion considers the
position of the 0 NGVD contour for evaluating changes in shoreline position.
Over the most recent monitoring interval, the beach stations to the north of the inlet eroded,
while south of the inlet both accretion and erosion occurred. The beach at 4 monuments R-
38 through R-41 north of the inlet receded an average of approximately -25 feet, with the
most severe erosion of -33.6 feel at R-41 , the slalion c10sesl to the inlet.
For the purpose of comparison to an equivalent length of shoreline represented by the three
monuments surveyed south of the inlet, the average change for the three monuments R-39
to R-41 closest to the north side of the inlet was erosion of -28 feet.
South of the inlet Ihe beach accreted at R-41 and R-44, and eroded at R-42 between June
2005 and July 2006. The average change for these three stations was accretion of
approximately 10 feet. The reason part of this area accreted and part eroded is probably
due to sand bypassing the inlet and moving onshore, with an uneven distribution of that
material due to wave refraction patterns across uneven nearshore contours illustrated in
Figure 9.
Figure 8 shows a history of shoreline position relative to the 1999 post construction survey.
This figure illustrates the longer term changes that have occurred since the 1999 dredging
and beach fill. This shows that the beach 2,000 to 3,000 feet north of the inlet at R-38 and
R-39 has increased in width by approximately 14 feet since 1999, with most of that increase
occurring by April 2002. Closer to the inlet, at R-41 , the beach width has fluctuated more
dynamically over this period, however, due to recenl erosion Ihe nel change has been
shoreline recession of -56 feet between April 1999 and July 2006.
Figure 8 shows that the shoreline at R-42 immedialely south of the inlet has experienced
both periods of erosion and accrelion, and by July 2006 the shoreline was in the same
position as 1999. The shoreline at R-43, 1000 feet to the south receded a total of -93 feet
20
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between 1999 and 2006. In order to understand why there was such a significant loss in this
area, it should be considered that the 1999 shoreline position was the post construction
shoreline position after the beach fill was completed. The beach fill advanced the shoreline
approximately 75 feet. The fill placed during that nourishment was relatively fine material
from the flood shoal and interior channels, and the character of the material may have
contributed to the relatively rapid loss, -53 feet of which occurred during the first year after
placement. The shoreline at the next monument to the south followed a pattern similar to R-
42, with a nominal net shoreline advance of 2 feet between 1999 and 2006.
The average shoreline position change for 2000 feet of shoreline north of the inlet between
1999 and 2006 was recession of -21 feet. For the same length of shoreline soulh of the inlet
the average change was recession of -30 feet.
22
1611 B
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7. Conclusions and Recommendations
The initial dredging of the flood shoals in 1999 and maintenance of the flood shoal channel
in 2002 has resulted in significant improvement to the stability of Clam Pass. These
improvements to the hydraulic stability of the inlet from the April 1999 dredging have
persisted, however, the inlet channel and flood shoal areas have accumulated enough sand
so that conditions are similar to those that existed prior to the maintenance dredging
completed in January, 2002. Based on the July 2006 survey, there are approximately
12,000 cubic yards of sand within the currently permitted dredging limits. There are
approximately 9,400 cubic yards in Segments Band C which were dredged in January
2002. This sand is expected to be beach quality.
It has been nearly 5 years since the previous maintenance dredging. Although the tidal data
show that flows through the inlet are still significantly stronger than the pre-1999 conditions,
and may be sufficient to maintain flushing to the bay for the time being, there are indications
that the flow through the inlet has diminished somewhat since the 2002 dredging. In order to
reduce the potential for tidal exchange beccming diminished to the point where flushing
might be inadequate, a Notice To Proceed to conduct another maintenance dredging has
been obtained and dredging is scheduled to be conducted during 2007.
Because of erosion along portions of the Clam Pass Park beach south of the inlet, County
staff has recently ccnsidered the feasibility of obtaining additional sand for nourishment by
expanding the dredging to include the inlet ebb shoal. This approach would provide
immediate relief to the erosion problem on the park beach, however, it may also potentially
have longer term consequences that should be carefully ccnsidered. A common impact
from dredging significant portions of inlel ebb shoals is increased erosion of adjacent
beaches. This occurs for several reasons including; interruption of natural transport which
relies on the presence of an ebb shoal to bypass the inlet, diminished protection from waves
for areas close to the shoal, and the readjustment of dredge cut slopes to a natural repose
angle as the shoal begins to reform by trapping sand from the littoral system. A more
detailed discussion of this is included in Section 10 below.
In response to ccncern over the serious impacts that are likely to occur to the beach
adjacent to the inlet from removal of the ebb shoal, and at the same time to provide some
additional sand for nourishment of the eroded park beach, the entrance to the inlet will be
dredged to the 80 feet width which was originally permitted and excavated during earlier
maintenance prior to the 1999 improvements. This wider cut was not dredged in 1999 or in
2002, because it has been determined that 80 feet is significantly wider than the equilibrium
channel widlh supported by tidal flow, and is therefore not necessary to achieve the
improved flushing of Clam Bay. Furthermore, the wider cut quickly shoaled in with sand
from the beaches immediately adjacent to the inlet.
This 80 feet wide cut, however, does not have the potential for the level of serious impacts
to adjacent beaches that should be expected from dredging the entire flood shoal, yet it will
provide approximately 3,500 additional cubic yards of sand for nourishment. Addilionally,
careful observation of how the adjacenl beaches respond to this relatively small increase in
dredging scope may provide useful data regarding potential impacls from more aggressive
dredging of the flood shoal.
24
16jl B
The upcoming dredging event therefore includes dredging Station 0+00 through Station
18+00, with a dredge cut width of 80 feet at the entrance to the channel between Stations
0+00 and 3+00. It is recommended that the shoreline response to this dredging be
considered in determining the appropriate dimensions for dredging the entrance channel in
the future, because there has been no indication that dredging the entrance to dimensions
much greater than the equilibrium section provides any benefit to extending the dredging
interval.
8. Recommendations for Ongoing Monitoring.
The tidal ranges and phase lags are important indicators of how well tidal flow through the
inlet is flushing the bay system. This data is presented in Figures 6, 7, and 8. While these
figures illustrate the improvements that have resulted from implementation of the Clam Bay
Restoration and Management Plan, they also show that there is a significant amount of
scatter in the data. As an extreme example, the most recent data shows the phase lag time
at the Registry more than twice the average lag time over the time since the 1999 dredging.
These inconsistencies have previously been treated as random scatter in the data because
they have for the most part been relatively small in comparison to the overall flushing
improvements. This random scatter might be related to factors such as wind influence on
tidal flow, or storm water outflow. However, the scatter makes it difficult to identify small
changes that would occur in response to the gradual shoaling in the inlet and the interior
channels. It is therefore recommended that the tidal data collection program be expanded to
include data collection at two additional stations 10 provide a level of redundancy that would
be helpful in understanding the variability that has been fairly consistent in the data for
seven years.
The Clam Bay Restoration and Management Plan has so far been successful in maintaining
a maintenance dredging interval of up to 5 years. This represents considerable cost savings
over more frequent dredging, and this cost savings is considered justification for the
additional data collection and analysis which may be used to improve management
practices. With better understanding of how shoaling in the inlet influences the tidal
parameters, it may be possible in the future to base scheduling of mainlenance dredging on
tidal measurements alone, and thereby reduce frequency and Ihe cost of surveys for
monitoring shoaling in the inlet.
9. Previous Recommendations.
Recommendations made in previous reports that are slill considered relevant to long term
managemenl are updaled in this section.
The long-term management of the Clam Pass inlet system should include continued
monitoring of the inlet channel from the gulf to the interior, as well as the meandering
connecting channels and along the dredge cut within the Clam Bay system. The July 2006
monitoring data show that cuts 1, 2, and 3 have remained relatively stable since the 1999
dredging. It is recommended that continued monitoring of these areas be conducled at four
year intervals. This will reduce monitoring costs. However, there have been changes in the
channel cross sections of the inlerior portion of cui 4 between Station 18+00 and 35+37
which demonstrate that this interior channel is a little more dynamic than cuts 1, 2, and 3.
Most of the changes have been the result of readjustment of the dredge cut side slopes
25
16 11 B
resulting in a wider bul shallower channel, with little change in net flow cross section. There
has, however, been a more significant reduction of cross section, in comparison to the post
1999 dredging data, on three stalions near the south end of cui 4, on stations 31+53 to
32+62. These are the three stations closest 10 and on the north side of the Clam Pass Park
boardwalk bridge.
The data show shoaling on these three stations north of the bridge, with an average cross
section reduction in cross sectional area of approximately 35%. However, the cross
sections at these stations remain approximately 175% greater than the pre-1999 dredging
conditions. The recent shoaling in this area could therefore not be the cause of the recent
large increase in phase lag measured at the Registry tide gage, and it must be concluded
that the large increase in phase lag indicated for the Registry tide gage for 8/3/06 to 9/26/06
is erroneous. The shoaling on these stations has therefore not reached a condition that is
critical to tidal flushing of outer Clam Bay, however, it is recommended that monitoring of the
interior portions of cui 4 be continued on two year inteNals.
The tidal studies should be continued as an integral part of the annual monitoring because
they will indicate when shoaling of the inlet and other channels has occurred to the extent
where tidal circulation in the bay system is affected. (Recommendations regarding tidal
studies are included in Section 8 above).
Although dredging portions of the meandering channels between the four bays appears to
have contributed to improving the flushing of Inner and Upper Clam Bay, the tidal exchange
remains relatively low at the north end of the system. If biological studies indicate further
enhancement to flushing of the remote northern portion of the bay system is necessary, that
may be accomplished by straightening sections of the meandering channel which connect
the bays. This approach would necessitate removing small areas of existing mangrove.
Although this might be considered a negative impact to the mangrove community, this
alternative could include restoration of mangroves within bypassed meandering sections of
the channel, which in conjunction with the improved circulation to the mangrove wetland
may conslitute a net environmental benefit to the broader goal of managing the ecology of
the overall bay system that would justify issuance of the required regulatory approvals.
10. Comments on Coastal Planning & Engineering independent analysis of Clam
Pass Impacts.
A report of an independent evaluation of dredging the Clam Pass ebb shoal was prepared
in September 2006 by Coastal Planning and Engineering (CP&E) for the County. That
report recommends mining the ebb shoal to obtain material for nourishment of Clam Pass
Park Beach. The report concludes that implementation of the Clam Bay Restoration and
Management Plan in 1999 disrupted natural north to south sand bypass of the inlet, which
resulted in accumulation of sand on the beach north of the inlet and in the ebb shoal, and
increased erosion of Ihe beach south of the inlet.
The process discussed in the CP&E report is that the Restoration and Management Plan
dredging successfully increased the tidal prism, and the greater tidal energy on ebb flow has
pushed sand further offshore where it has accumulated in the outer reaches of ebb shoal.
This resulted in growth of the shoal, and sand Irapped in Ihe growing ebb shoal is a
measure of a reduction in sand supply to the park beach.
26
16/1 B
This process as described in the CP&E report is one that may occur at inlets that are
maintained by dredging, if the dredging actually increases the tidal prism. Monitoring data
show that the Clam Pass tidal prism was increased by the 1999 dredging. However, there
are site specific characteristics of Clam Pass that should be taken in to consideration before
concluding that dredging the pass and erosion of the beach south of the inlet represent a
direct cause and effect relationship.
The CP&E report uses an empirical relationship to estimate the volume of sand that might
be expected to be trapped by the growing ebb shoal. However, the empirical relationship is
based on some rather broad assumptions, and an estimate based on the survey from
September 2006 indicates that the ebb shoal actually contains a much smaller quantity of
sand than the shoal volume predicted by empirical formula. Furthermore, based on recent
accretion that has occurred south of the inlel, it is apparent thai a significant amount of sand
is already bypassing the inlet, which is an indication that the shoal is probably close to an
equilibrium condition with respecl to the tidal prism. Furthermore, what Ihis empirical
relationship says is that mining of all the sand from the ebb shoal will result in a condition
which is much further from equilibrium than what exists now. In order to restore itself after
such a mining operation, the shoal will accumulate sand at a higher rate and for a longer
period of time, which would very likely result in a chronic erosion problem on both sides of
the inlet.
Review of historical data from the DEP Shoreline Change Atlas, plus more recent DEP
survey data, seem to indicate some level of inlet effecls on the downdrift beach. However, it
is not clear from the recent monitoring data that the 1999 dredging has resulted in any
significant increase in those effecls. Whal should be a more important consideration is; to
whatever extent the 1999 dredging may have affected the downdrift beach by trapping
sand, an extensive mining of the ebb shoal will have a much greater impact. Increasing the
scope of the shoal dredging does nol seem to be an appropriate way to address the erosion
problem.
Summarv Although inlet processes polentially impact the beach south of the inlet, the
present maintenance plan for the inlet minimizes this potential by minimizing dredging of the
ebb shoal. The changes that occurred during the 2005 to 2006 interval indicate that natural
bypass is occurring. This does not necessarily mean that natural bypass is going to be
sufficient to entirely address the erosion problem at the County Park beach, and additional
nourishment may be necessary. However, removal of the Clam Pass ebb shoal should not
be considered as the sand source for this nourishment because Ihat would be trading one
problem for another potentially more serious problem. A better solution would be to allow
the nalural bypass process to work and to supplement that process with nourishment form
other sources as needed.
The CP&E report does not address the issue of impacts from the proposed ebb shoal
mining. Because of the polential impacts, it is doubtful that permits could be obtained for this
proposal. It is recommended that if plans are ultimately developed for dredging the ebb
shoal, those plans should include a contingency plan for addressing impacts that might
occur from the dredging. It is likely that a contingency plan, including an approved sand
source, would be a condition of the permit if such a permit is issued. It is not anticipated that
dredging of the ebb shoal will have any adverse effect on Ihe flushing of Clam Bay or on the
mangrove communities in the Clam Bay system.
27
1611 B
The erosion south of the inlet has been concentrated at R-43 approximately 1,000 feet
south of the inlet. Since 1999 there has been very little net change in the park beach closer
to the inlet at R-42 , or further south at R-44. R-43, however, is in the vicinity of the park
beach facility, and the erosion therefore creates a serious problem for the facilities and
recreational value of the beach. This erosion hot spot is also evident in the historic data, and
may be the result of wave refraction around nearshore contours. Erosion hot spots like this
are fairly common adjacent to inlets because of wave refraction due to inlet shoals and tidal
currents, and there is elevated hardbottom in the vicinity of the pass which might aiso
contribute to the refraction patterns causing this localized erosion stress. Another alternative
that could address this problem is an erosion control structure, such as a segmented
breakwater. The use of erosion control structures may be a viable solution because of the
localized nature of the problem and the high cost of nourishment if it is necessary to bring
sand from a distant sand source.
28
1611 B
11. References
1.) Agnoli, Barber, and Brundage, Inc. Beach Profile Monitoring Data at the Department
of Environmental Proteclion Reference Monuments R-38 through R-44, 1999
to 2005.
2.) Coastal Planning and Engineering, Inc. Beach Profile Monitoring Data at the
Department of Environmental Protection Reference Monuments R-38 through
R-44 , November, 2005.
3.) Johnson Engineering, Profile Monitoring Data at Ihe Department of Envionmental
Protection Reference Monuments R-38 through R-44, July 2006
4.) Johnson Engineering. Hydrographic Monitoring Data Collected at Cut #4 within the
Clam Bay System, July 2006.
5.) Coastal Planning and Engineering Hydrographic Monitoring Data Collected at Cut
#4 within the Clam Bay System, September 2005.
6.)
7.) Agnoli, Barber, and Brundage, Inc. Hydrographic Monitoring Data Collected at Cut
#4 within the Clam Bay System, 1999 to 2004.
8.) Humiston and Moore Engineers, Project Area Photographs of South Naples Beach.
9.) Humiston and Moore Engineers, Clam Pass Restoration and Management Plan
Bathymetric Monitoring Reports 1 through 6, 2000 - 2005.
10.) Pelican Bay Services District, Tide Data, 1999 - 2006.
11.) Florida Department of Environmental Protection Joint Coastal Permit No. 0128463-
001-JC.
12.) Walton and Adams, "Capaciiy of Inlet Outer Bars to Store Sand", Fourteenth
Coastal Engineering Conference, Hawaii, July, 1976.
29
1611 8
APPENDIX A
DREDGE CUT 1
A-1 Aerial
A-2 Cross Sectional Area Chart
A-3 Cross Sectional Area Table
A-4 Cross Sections (0+00 to 2+46)
A-5 Cross Sections (3+43 to 6+59)
A-6 Cross Sections (7+21 to 8+59)
30
HM
COASTAl
H;G~((lWIIGOHr,,,,
AI'<<l '(~MnrlNC;
FOR: COLLIER
DATE: 11 2D
JOB: 9D68
1611 f
CLAM
DREDGE
COUNTY
06 ILE:SITEPLAN
DATUM:NGVD
CALE: 1" 100'
FIGURE: A 1
5679 STRAND COURT
NAPLES. FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.hurnistonandmoore.com
31
1611 B
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33
1611 B
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_ 07/2001
_ _ _ DREDGE CUT
-5
-.40 -30 -20 -10 0 10 20 30 40
DISTANCE FROt.! BASELINE <FEET)
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_ 08/2004
_ 07/2001
_ _ _ DREDGE CUT
-5
-40 -30 -20 -10 0 '0 20 30 40
DISTANCE FROt.! BASELINE <FEET)
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_ 011/2004
_07/2001
- - - DREDOE CUT
-5
-40 -30 -20 -'0 0 10 20 30 40
DISTANCE FROM BASELINE <FEET)
Ht1
~
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_ 07/2OOe
- - - DRrDOE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROt.! BASELINE <FEET)
2
STA 2+46
o
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_ 07/2OOt
- - - DREDGE CUT
-5
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DISTANCE FROt.! BASELINE <FEET)
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_ 07/2OOa
___ DRE:DGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROt.! BASELINE <FEET)
HUMISTON
I!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 1
FOR:COLLlER COUNTY PBSD
DATE: 11 16 06 FILE:XSEC2
JOB: 13 078 DATUM: NGVD
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
<O"'UAl
EHG1'tH-'NGPlS'G"
ANP PUU/IIlTING
34
CALE:AS SHOWN
FIGURE: A 4
2
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- 01/2004
- rn/2004
_ _ _ DREDGE CUT
-5
-40 -50 -20 -10 0 10 20 30 40
DISTANCE FROM BASELINE <FEET)
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_ _ _ DREDGE CUT
-5
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_ 01/2008
_ _ _ DREDGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROt.l BASELINE <FEET)
1-11
1611 B
2
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_ 01/2004
_ 07/2006
- - - DREDGE CUT
-4
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DISTANCE FROt.l BASELINE <FEET)
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DISTANCE FROt.l BASELINE <FEET)
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_ 08/2004
_07/2001
___ DREDGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROt.l BASELINE <FEET)
SECTION
HUMISTON
t!I MOORE
ENGINEER
CLAM BAY CROSS
CUT 1
FOR: COLLIER COUNTY PBSD
DATE: 11 16 06 FILE:XSEC2
JOB: 13 078 DATUM: NGVD
CO"Sllo~
[JoIGIOIHIl:lI\IGPlSIGIO
AICln~'-ollnlNG
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistoncndmoore.com
CALE:AS SHOWN
FIGURE: A 5
35
2
~
....
w
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\
\
\
\
_ 06{2004
_07/'1.001
_ _ _ DREDGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROM BASEliNE <FEET)
HM
HUMISTON
t!I MOORE
ENGINEER
CO..STAl
El<iiiIJolUltlIrlGDlS'(flO
AIClnllMITTING
1611 B
2
STA 8+59
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w
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_08/1004
_ 07/2001
_ _ _ DREDGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROM BASEliNE <FEET)
CLAM BAY CROSS SECTION
CUT 1
FOR: COLLIER COUNTY PBSD
DATE: 11 16 06 ILE:XSEC2
JOB: 13 078 DATUM: NGVD
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
CALE:AS SHOWN
FIGURE: A 6
36
1611 B
APPENDIX B
DREDGE CUT 2
B-1 Aerial
B-2 Cross Sectional Area Chart
B-3 Cross Sectional Area Table
B-4 Cross Sections (0+00 to 2+66)
B-5 Cross Sections (3+13 to 6+01)
37
1611 B
IHM
'O"'~I"~
!~GI..rrJVj(,OI".{,N
""lLl'lP~fI"NG
FOR: COLLIER
DATE: 11 20
JOB:9068
CLAM
DREDGE
COUNTY
06 ILE: SITEPLAN
DATUM:NGVD
5679 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
2
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HM
HUMISTON
I!I MOORE
RNGINERR
CLAM BAY CROSS SECTION
CUT 2
FOR:COLLIER COUNTY PBSD
DATE: 11 16 06 F1LE:XSEC2
JOB: 13 078 DATUM: NGVD
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-5
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DISTANCE FROM BASELINE <FEET)
CALE:AS SHOWN
FIGURE: B 4
5679 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humlstonandmoore.com
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HM
HUMISTON
I!I M(XlRE
ENGINEER
CLAM BAY CROSS SECTION
CUT 2
FOR:COLLlER COUNTY PBSD
DATE: 1 1 16 06 FILE:XSEC2
JOB: 13 078 DATUM: NGVD
(:lAHAl
ENGI/IlHIIlt.iG,Co(\<GIII
....'Clrul'ol''''''''''
42
CALE:AS SHOWN
FIGURE: 8-5
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
16Jl B
APPENDIX C
DREDGE CUT 3
C-1 Aerial
C-2 Cross Sectional Area Chart
C-3 Cross Sectional Area Table
C-4 Cross Sections (0+00 to 2+95)
C-5 Cross Sections (3+65 to 7+03)
C-6 Cross Sections (7+54)
43
lBHl HUMISTON
. .. Ii MOOlili
ENGINEER.
,?';-'"-~, (O....,I...l
I~ "''"''''''"0''.'''
'''''IOn~l,04l1llr.oG
FOR: COLLIER
DATE: 11 20
JOB: 9068
1611 B
CLAM
DREDGE
COUNTY
06 ILE: SITEPLAN
DATUM:NGVD
3
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
SCALE: 1" 1 DO'
FIGURE:C-1
44
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Ht1
HUMISTON
I!I M(X)RE
ENGINEER
CLAM BAY CROSS SECTION
CUT 3
FOR: COLLIER COUNTY PBSD
DATE: 11 16 06 ILE:XSEC3
JOB: 13 078 DATUM: NGVD
("OUTAl
Ct;GIIlHIllNGCttSJGI<
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47
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2
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_ 01/2004
_f11/~
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-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROM BASELINE <FEET)
2
STA 2+95
-4
_ 0I{21J04.
_ 07/2006
- DREDGE CUT
-5
-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROM BASELINE <FEET)
CALE:AS SHOWN
FIGURE: C 4
5679 STRANO COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
fol'I B
2
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Ht1
HUMISTON
f!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 3
FOR:COLLlER COUNTY PBSD
DATE: 11 16 06 F1LE:XSEC3
JOB: 13 078 DATUM: NGVD
CALE:AS SHOWN
FIGURE: C 5
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
CO/l.STAl
[1<i(jI~Hfll"G[)(S'Gk
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_ 07/2008
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-40 -30 -20 -10 0 10 20 30 40
DISTANCE FROM BASELINE <FEET)
HM
HllMISTON
t!I M{X)RE
ENGINEER
CLAM BAY CROSS SECTION
CUT 3
FOR: COLLIER COUNTY PBSD
DATE: 11 16 06 FILE:XSEC3
JOB: 13 078 DATUM: NGVD
COUTAl
ENGIfIj[(lllNGClfW:;"
AI<<IP'iIlMnTINCio
49
CALE:A5 SHOWN
FIGURE: C 6
1611 B
5679 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.hurnistonandmoore.com
16/1 B
APPENDIX D
DREDGE CUT 4
0-1 Aerial
0-2 Cross Sectional Area Chart (0+00 TO 7+10)
0-3 Cross Sectional Area Chart (7+50 TO 18+28)
0-4 Cross Sectional Area Chart (18+70 TO 35+37)
0-5 Cross Sectional Area Table
0-6 Cross Sections (0+00 to 0+50)
0-7 Cross Sections (0+75 to 1+25)
0-8 Cross Sections (1 +50 to 2+00)
0-9 Cross Sections (2+37.5 to 3+64.5)
0-10 Cross Sections (4+10 to 5+10)
0-11 Cross Sections (5+60 to 6+60)
0-12 Cross Sections (7+10 to 8+00)
0-13 Cross Sections (8+50 to 9+50)
0-14 Cross Sections (10+00 to 10+50)
0-15 Cross Sections (11+00 to 12+00)
0-16 Cross Sections (12+50 to 13+50)
0-17 Cross Sections (14+00 to 15+00)
0-18 Cross Sections (15+50 to 16+50)
0-19 Cross Sections (17+00 to 18+00)
0-20 Cross Sections (18+28 to 19+21)
0-21 Cross Sections (20+82 to 22+20)
0-22 Cross Sections (23+10 to 25+84)
0-23 Cross Sections (26+39 to 29+13)
0-24 Cross Sections (29+89 to 31 +53)
0-25 Cross Sections (32+04 to 34+23)
0-26 Cross Sections (34+ 72 to 35+37)
0-27 Inlet Volume Oredge and Cumulative Volume Oredge
0-28 Cross Sections (3+65 to 7+03)
50
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1611
mHlIMISTON
~ '. & MOO!ili
i' ENGINEER
": CQ"'>IA~
I '-iM ,"e,"""",o"""
...,.., P~~lolll "N(i
FOR: PBSD
DATE: 12 05 06
JOB: 13 078
ILE: CUT 4 SITE SCALE: 1" 3DO'
ATUM: NONE FIGURE: 0-1
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NAPLES. FL 34110
FAX: (239) 594-2025
PHONE, (239) 594-2021
www.humistonandmoore.com
51
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HUMISTON
f!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 FILE: XSECCUT4
JOB: 13D78 DATUM, NGVD
CO/l,STAl
ENGINU_GClCSlGfl
ANP 1'Ii~lIIfTTIftG
CALE: 1" 100'
FIGURE: D 6
56
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4/99 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) S94-2025
PHONE: (239) 594-2021
www.humistonClndmoore.com
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CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 FILE: XSECCUT4
JOB: 13D78 DATUM: NGVD
57
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4/99 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistoncndmool."e.com
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CUT 4
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DATE: 11 17 06 ILE: XSECCUT4
JOB: 1307B ATUM: NGVD
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58
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4/99 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES, FL 341 10
FAX: (2.9) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
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CUT 4
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DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 ATUM: NGVD
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06/05
07/06
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FIGURE: 0 9
5679 STRAND COURT
NAPLES. FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonClndmoore.com
59
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DATE: 11 17 06 FILE: XSECCUT4
JOB: 13D78 DATUM: NGVD
CALE: 1" 100'
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60
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4/99 POST-DREDGE
D6/05
07/06
5679 STRAND COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
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CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 DATUM: NGVD
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FIGURE: D 11
61
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SOUTH
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1611 B
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4/99 POST-DREDGE
06/05
07/06
5679 STRANO COURT
NAPLES. FL 341'0
FAX: (239) 594-2025
PHONE, (239) 594-2021
www.hurnistonandmoore.com
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DATE: 11 17 06 FILE: XSECCUT4
JOB: 13078 ATUM: NGVD
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06/0.
07/06
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FIGURE: 0 12
5679 STRAND COURT
NAPLES, FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonondmoore.com
62
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DATE: 11 17 06 ILE: XSECCUT4
JOB: 1307B ATUM: NGVD
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FIGURE: 0 13
5679 STRANO COURT
NAPLES, FL 34110
FAX: (239) 594-2025
PHONE, (239) 594-202'
www-humistonandmoore.com
63
HM
STA 10+00
~
c
t;
.3-
ti
~
~
z
g-2
~
~-. \............----
~
-.
-8
WEST EAST
-,
- 00 -150 -100 - 0 50
DISTANCE fROM BASEUNE (FEET)
STA 10+19
0-
t;
.3-
'--J'-__-__,
NORTH SOUTH
-,
- 00 -'50 -'DO - 0 50
DISTANCE FROM BASEUNE (FEET)
STA 10+50
8
6
0- .
t; 2
.3-
ti \
~
~-2 '-'
z
g-.c
.
~-
~
-8
NORTH 50UTH
-,
-200 -'50 -100 - 0 50 2 0
DISTANCE FROM BASEUNE (rEET)
HUMISTON
f!I MOORE
ENGINEBR
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 D6 ILE: XSECCUT4
JOB: 1307B DATUM: NGVD
16118
4/99 POST-DREDGE
06/OS
07/06
<OAt,HA\
[HC;IOlHRItIG(I(SJGIo
"'*'nll!lll"lNG
CALE: 1" 1 00'
FIGURE: 0 14
5679 STRAND COURT
NAPLES. FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonondmoore.com
64
HM
STA 11+00
6
S ·
>
'" 2
~
ti
w
~-2
z
S-4
..
~-6
w
NORTH SOUTH
-,
-200 -ISO -'00 - 0 SO 2 0
DISTANCE FROW BASEUNE (FEET)
sr4 11+50
.
~
c
is 2
~
ti
w
~-2
z
2-4
~-
~
w
NORTH SOUTH
-,
-200 -150 -100 - 0 SO
DISTANCE FROW IlASEUNE (FEET)
ST" 12+00
~ .
c
is 2
~
ti
w
~ 2
~ ..........--.......'-.........--r--.v /
j;:-4
..
~-
w
NORTH SOUTH
-,
-200 -'SO -'00 - 0 SO 2 0
DISTANCE FRO., BAS[UNE (FEET)
HUMISTON
t!J MOORE
RNGINERR
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 FILE: XSECCUT4
JOB: 13078 ATUM: NGVO
161
4/99 POST-DREDGE
06/05
07/06
(OASTAL
~fl/GIf'olUIlmc. or~l(jfl/
A'<<l'lR!04ITT"(O
CALE: 1" 100'
FIGURE: D 15
5679 STRAND COURT
NAPLES. FL 3411 0
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistoncndmool."e.com
65
HM
STA. 12+:10
~ .
Q
>
'" 2
~
r;;
~
~-2 ,r....."...............'--
z
~-.. if
'"
~-
~
NORn< SOUTH
-I
-200 -150 -100 - 0 50
DISTANCE FROM BASEUNE (fEET)
STA 13+00
- .
~
'" 2
~
r;;
~
~-2
z
g-.t
'"
~-
~
~
NORn< SOUTH
-1
-200 -150 -100 - 0 50
DISTANCE FROW IlASEUNE (FEET)
ST4 13+50
~ .
'" 2
~
B
~-2
lS
~-..
~-
~
NORTH SOUTH
-I
-200 -150 -100 - 0 50 2 0
DISTANCE FROM 8AS[UNE (FEET)
HUMISTON
t!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 ATUM: NGVD
1611 B
"/99 POST-DREDGE
06/05
07/06
(OAHAL
rlOGW({ltl"lGPn,G..
AHD 'UlI,lnrlMi,
CALE: 1"-100'
FIGURE: 0 16
5679 STRAND COURT
NAPLES. FL 34110
FAX, (239) 594-2025
PHONE: (239) 59'-2021
wwW.humlstonandmoore.com
66
HM
Slit 14+00
~ 4
Q
>
'" 2
~
ti
w
~-2
z
~-4
...,
~-
w
NORTH SOUTH
-,
-200 -'50 -100 - 0 50 2 0
DISTANCE FRO" BASEUNE (FEET)
51... 104+50
Q'
>
'" 2
~
ti
w
~-2
z
0
~-
~-
~
w
NORTH SOUTH
-,
-200 -150 -100 - 0 50 2 0
DISTANCE fllOW IlASEUNE (FEET)
ST... 15+00
~
'" 2
~
E
~ 2
11
~-4
~-
w
EAST WEST
-,
-200 -'50 -100 50
DISTANCE FRO.. IlASEUNE (FEET)
HUMISTON
t!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 DATUM: NGVD
CALE: 1" 100'
FIGURE: 0 17
<:O.STAI
EIOGIIlH_GOHIGN
A/IIUn'-Il,4Il1IN{t
67
161
4/99 POST-DREDCE
06/05
07/06
5679 STRAND COURT
NAPLES, FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonondmoore.com
HM
srA 15+50
8
0'
i; 2
~
ti
~
~-2
z
g-4
..
~-.
~
EAST WEST
-,
-200 -150 -100 - 0 50
OISTANCE r.ow BASELINE (FEET)
ST'" 16+00
8
~ .
'" 2
~
~
~
~
~ 2
z \............".........--_----.1
Q-4
~
~-
~
-8
EAST WEST
-,
-200 -'50 -100 50
DISTANCE fROM BASELINE (FEU)
STA 16+50
0' ·
>
'" 2
~
ti
~
~-2
z
g-4
~-
~
EAST WEST
-,
-200 -150 -'00 - 0 50
DISTANCE F"ROM BASELINE (FEET)
HUMISTON
f!!I M(X)RE
RNGINRRR
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 1 1 17 06 ILE: XSECCUT4
JOB: 1307B ATUM: NGVD
CALE: 1"-100'
FIGURE: 0 18
CCAHAl
ENGIIl6~{flINGDB'G'"
ANDrlllMIlTlHli
68
4/99 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES, FL 34110
rAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
HM
STA 17+00
0' ·
>
" 2
3-
ti
~
~-2
z
g-..
~
~-6
~
-8
EAST WEST
-,
-200 -'50 -10D - 0 50 2 0
DISTANCE fROM BASEUNE (fEET)
51... 17+50
8
6
0' .
1; 2
3-
""
~
~
~-2
z
0
!;i-
~-
~
EAST WEST
-,
-200 -'50 -'00 - 0 50 2
DISTANCE fROM B.\SEUNE (fEET)
51... 18+00
8
~ .
" 2
3-
ti
~
~-2
li
~-..
~-
~
EAST WEST
-1
-2.00 -150 -'00 - 0 2 0
DISTANCE FROM BASEUNE (rEET)
HUMISTON
I!I M(X)RE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
1611
"jVg POST-DREDGE
06/05
07/06
FOR: COLLIER COUNTY
OATE: 11 17 06 FILE: XSECCUT4
JOB: 13D78 DATUM: NGVD
CALE: 1" 100'
FIGURE: D 19
5679 STRAND COURT
NAPLES. FL 34110
fAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistoncndmoore.com
COASTJol
EIOCilIjUAtlllGP{I"~"
Ar<Cl '~RMfI'IN(,i
69
HM
ST... 18+28
8
6
;;- .
~ 2
~
ti
w
~-2
z
2_.
~
'j-
w
EAST WEST
-,
-200 -ISO -100 - 0 50 2 0
DISTANCE FROM BA5EUNE (FEET)
51" 18+70
8
;;-
~ 2
~
,:
w
w
~-2
z
2-<4-
:c
;-
w
EA5T WEST
-,
-200 -150 -100 - 0 50 2
DISTANCE fROM BASEUNE (fEET)
SU 19+21
~ .
~ 2
~
ti
w
~-2
i!i
~-4
~-
w
EAST WEST
-,
-200 -'50 -100 - 0 0 2 0
DISTANCE fRO" BASEUNE (FEET)
HUMISTON
I!I MOORE
RNGINEER
CLAM BAY CROSS SECTION
CUT 4
16~
4/99 POST-DREDGE
06/00
07/06
FOR: COLLIER COUNTY
DATE: 11 17 06 FILE: XSECCUT4
JOB: 13078 ATUM: NGVD
CALE: I" 100'
FIGURE: D 20
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
COASTAL
€NGfIof(("'NGol'lrs>r,t./
NtD 't~M"'1NU
70
HM
STA 20+82
b" ·
i; 2
~
ti
w
"'-2
z
2_.
~
'j-
w
EAST WEST
-,
-2DO -150 -100 - 0 50
DISTANCE FROW SASEUNE (FEET)
STA 21+S2
~ .
" 2
~
..:
w
w
... -2
z
0
r=-
..
~-
w
EAST WEST
-1
-2DO -150 -100 - 0 SO
DISTANCE fRO.. BASEUNE (rEET)
ST. 22+20
b" ·
i; 2
~
ti
w
"'-2
z
2-4
~
~-
w
EAST WEST
-,
-2DO -150 -100 - 0 SO 2 0
DISTANCE fROM BASEUNE (rEET)
HUMISTON
& MOORE
RNGlNRRR
CLAM SAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 1 1 17 06 FILE: XSECCUT4
JOB: 13078 ATUM: NGVD
<:OASTAl
(toIGlNn"'IIIGOULC;t.I
Ao'<<lrUMnTlNG
CALE: 1"-100'
FIGURE: 0 21
71
16 ~ 1 B
4/99 POST-DREDGE
06/00
07/06
5679 STRAND COURT
NAPLES. FL 34'10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
HM
Sf A 23+10
~
"
i!; 2
~
r;;
~
~-2
~
--4
~
~-
~
EAST WEST
-,
-200 -150 -100 .0
S1A 24+65
0- 4
i!; 2
~
,:
~
~
~ -2
~
~-
~-
~
EAST WEST
-,
-200 -150 -100 - 0 50
DISTANCE fRO.. BASEUNE (fEET)
STA 25+804-
0- 4
>
" 2
~
r;;
~
~-2
z
~-..
~-
~
EAST WEST
-,
-200 -150 -'00 - 0 50 2 0
DISTANCE FRO" BASEUNE (FEET)
HUMISTON
81 M(X)RE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 1 1 17 06 FILE: XSECCUT4
JOB: 1307B ATUM: NGVD
COAHAl
(N(jI'tUItlIrlI;DlSIC;;""
AI'CIM:ItMtTTING;
CALE: 1" 100'
FIGURE: 0 22
72
1611 B
4/99 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
JiM
ST" 26+39
S
1; 2
3
ti \
w \ f
~-2 \ ..J f
z
0 '-~
~-
~-
w
EAST WEST
-,
-200 -150 -100 50 2 0
DISTANCE FRO" BASEUNE (FEET)
STA 27+60
S
>
<> 2
3
,.,
w
w
~-2
z
0
~-
~-
w
EAST WEST
-,
-200 -150 -100 50
DISTANCE FROM BASEUNE (FEET)
STA 29+13
S .
>
<> 2
3
ti
w
~-2
z
0
!;i-
~-
w
E.4ST WEST
-,
-200 -150 -100 - 0 SO
DISTANCE FROM BASEUNE (rEET)
HUMISTON
t!I MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 1 1 17 06 FILE: XSECCUT4
JOB: 13078 DATUM: NGVD
(OAHJl.l
EI<(;IJIIHIllIIIGD(SJGl\o
AND '~~Mlll"G
CALE: 1" 100'
FIGURE: 0 23
73
1'6> ,I !
..../99 POST-DREDGE
06/05
08/06
5679 STRAND COURT
NAPLES. FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.hurnistonandmoore.com
HM
51... 29+U
- .
~ 2
e
t;;
~
~-2
z
g-4
..
~-
~
EAST WEST
-,
-200 -1:i0 -100 50 2 0
DISTANCE fROM BASEUNE (FEET)
STA 30+77
.
S ·
i; 2
e
..:
~
~
~-2
z
SL....
!C
~-
~
EAST WEST
-,
-200 -150 -100 - 0 50 2
DISTANCE FROW BASEUNE (FEET)
STA 31+53
- .
Q
i; 2
z
~
t;;
~-2
z
Q-.4-
!C
~-
~
EAST WEST
-,
-200 -150 -'00 - 0 50 2
DISTANCE rROW BASEUNE (fEET)
HUMISTON
I!I MOORE
RNGINRRR
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 DATUM: NGVD
(OAnAl
EIoGII\lUIllI\IGOCS'GN
NlPrUMIIIlJfG
CALE: 1" 100'
FIGURE: 0 24
74
16"1 B
4/99 POST-DREDGE
00/05
07/00
5679 STRAND COURT
NAPLES. FL 34110
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoors.com
HM
STA 32+004
6
~ .
<> 2
e
ti
...
~-2
z
g-..
..
~-
...
EAST WEST
-1
-200 -1SO -100 - . ..
DISTANCE FROM BASEUNE (FEET)
STA 32+62
"
6
Q' .
(; 2
e
,:
...
...
~-2
z
Q-..
!C
~-6
...
-"
EAST WEST
-1
-200 -150 -100 - . ..
DISTANCE FROW BASEUNE (rEET)
STA 3"+23
6
~ .
c
(; 2
e
ti
~ -2
z
Q-4
!C
~-.
...
-"
EAST WEST
-1
-200 -150 -100 - 0 50 2
DISTANCE FROM BASEUNE (FEET)
HUMISTON
I!I MOORE
RNGINRRR
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 06 ILE: XSECCUT4
JOB: 13078 DATUM: NGVD
COAHAl
rloiGlllHllll\IGocsa.N
Al'lDI'UIMnTING
CALE: 1" 100'
FIGURE: 0 25
75
1611
"/89 POST-DREDGE
06/05
07/06
5679 STRAND COURT
NAPLES, FL 341 1 0
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonandmoore.com
HM
51A. 3.4+72
6
~ .
3 2
ti
~
~-2
z
2_04
Ii
~-
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-6
EAST WEST
-1
-200 -'SO -100 - 0 '0 2 0
DISTANCE FROM BASEUNE (FEET)
STA 35+37
6
S ·
is 2
3
,:
~ I
~
~-2 I I
Z \.-...-_....J
2-4
Ii
~-
~
EAST WEST
-1
-200 -150 -100 - 0 SO 2 0
DISTANCE FROM BASEUNE (FEEl)
HUMISTON
19 MOORE
ENGINEER
CLAM BAY CROSS SECTION
CUT 4
FOR: COLLIER COUNTY
DATE: 11 17 D6 FILE: XSECCUT4
JOB: 13078 ATUM: NGVD
COAHA~
ENGI!o(UAtNGOE:SIGN
ANDP'iRMIIT1N6
CALE: 1"-100'
FIGURE: 0 26
76
16 11 8
.4/99 POST-DREDGE
06/""
07/06
5679 STRAND COURT
NAPLES, FL 341 10
FAX: (239) 594-2025
PHONE: (239) 594-2021
www.humistonondmoore.com
16~ 1 IBJ
APPENDIX E
BEACH PROFILES
E-1 Aerial
E-2 Reference Monument Plots (R-38 to R-41)
E-3 Reference Monument Plots (R-42 to R-44)
E-4 Shoreline Position Relative to DEP Monument I
E-2 Shoreline Change June 05 - July 06
E-2 Shoreline Change 1999 - 2006
77
HM
FOR: PBSD
DATE: 04 06 06
JOB: 11049
ILE: SITEPLAN
ATUM: NONE
CA : 1 "=BDO'
FlGURE:E-1
(4'l,l~IA
(NC,NEEflIN(,DESIGN
ANPPE1':I.4ITTING
78
16 11 B
5679 STRAND COUIn
NAPLLS, Fl. 34110
FAX: (239) 594-2025
PHON<: (239) 594-2021
www.humlstonGndmoore.com
HM
1611 B
SOUTH
OF INLET
~ .
<>
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l;i
~ '
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;=
~ .
::J -.-.- 04/99
....-2"_ 06/0:>>
_4 - 07/04
-100 -SO
,.
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l;
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l;i
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;=
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....-2 - 06/05
_, - 07/00
-'00
-00
>-._'
. _ _ lIIHW (z1AQ:...-'JGYD
. NG
o 50 100 150 200
DISTANCE SEAWARD OF' DNR WONUllIENT. rEET
2SO
.00
R-43
./
/,
.,
\
-
\
.,
.'.
_.....:::.......___..HW (f~I:iGYD
"-...... O'
.'.
'.
,
.,
o 50 100 1150 200
DISTANCE SEAWARD OF DNR MONUMENT, FEET
2SO
...
!l ·
<>
'" .
~
w
~ '
~ 2
;=
.. .
~ --- 04/9'
b1-2 _ 06/05
--4 - 07/08
-100 -so
,.
R-44
_____YJ:M...!:t1.50. _
-.
o 50 100 150 200 250
DISTANCE SEAWARD OF' DNR WONUWENT. FEET
'00
HUMISTON
et MOORE
ENGINEER
CLAM PASS NORTH BEACH PROFILES
R FER N E UMENTS
FOR: COLliER COUNTY
DATE:l1 17 06 FILE: RMONS
JOB FILE:1307B DATUM: NGVD
5679 STRAND COURT
NAPLES, FL 3411 0
FAX: 239 594 2025
PHONE: 239 594 2021
(().*.srAl
UIGlNUIlMG ll(stG't
"MD"-lMlfl'1IlG
ALE; AS SHOWN
FIGURE: E 2
79
HM
Z 2
o
;:
~ 0
~ -.-.- 04/99
,",-2 - 06/05
_4 - 07/06
100 -50
!i! ·
'"
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Z2
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;:
~ 0
w-2
-4
100
10
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w-2
-4
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10
o.
1;
Z .
ti
I:' 4
10
o .
1;
Z.
ti
~ 4
Z 2
o
;:
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w-2
-4
-'0
HUMISTON
1!1 MOORE
ENGINEER
{O..'i.l...L
[I'I(.IN([llltGPt:$IG'4
"ND flt;lI:"'"H~G
NORTH
OF
INLET
10
R 38
--
Ill.. + 500 NGV
'NGVD
"
04/99 ',._
D6/0S
07/06
-so 0 50 100 150
DISTANCE SEAWARD OF DHR MONUMENT, FEET
200
250 300
R-39
/
/
250
,
"
----------_----.:~
,
,
___~~I!GVD
04/99
06/05
07/08
-'0
o 50 100 150
DISTANCE SEAWARD or DNR MONUMENT, FEET
200
R-4D
,
_MHW t+YLIfGV
o'
".
o 50 100 150
DISTANCE SEAWARD or DNR WONUMENT. rEEl
200 250
R-41
-
-
,
----------_.~
_ _ _ --.tt1A!L1l
O' NGV
04/99
06/05
07/06
o SO 100 150 200 2SO 300
DISTANCE SEAWARD OF CHR MONUMENT, FEET
R-41 _1:1. ~Iooated 2' IMH.Ith Qlnd 80.77' -.t of the old point .dabfhlh.d In 1973
In 2001. All of In. older prof.... (2000 and befcn) were Ihlfled by 60.77' to be
rwkrff.... '0 the n.. (2001) monument loooUon.
CLAM BAY SOUTH BEACH
R R F E M
FOR: COLLIER COUNTY
DATE:11 17 06 FILE: RMONS
JOB FILE:13078 DATUM:NGVD
PROFILES
ENTS
16Jl B
300
300
3"
SCALE: AS SHOWN
FIGURE: E 3
5679 STRAND COURT
NAPLES. FL 34110
FAX: 239 594 2025
PHONE: 239 594 2021
80
1611 B
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B
Clam Bay Seagrass Assessment
-Draft Scope of Work and Proposed Budget-
Background and Purpose
Clam Bay is an important natural feature in Collier County that appears to be
experiencing losses in seagrass coverage. Modifications to the Clam Bay system include
the construction, in 1958, of Seagate Drive, which severed the previous tidal connections
between Clam Pass (to the north) and Doctors Pass (to the south). A series of culverts
were put in place in 1976 to alleviate this condition, but it appears that their effectiveness
is somewhat limited (Antonini et al. 2002). Recent decades have also been characterized
by the rapid urbanization of the Clam Bay watershed. Prior studies in similar lagoonal
systems in Southwest Florida suggest that increased urbanization would bring about
increased freshwater inflows and substantial increases in nonpoint sources of both
nitrogen and phosphorus (i.e., Lemon Bay - Tomasko et aI., 2001).
Existing results from ongoing seagrass mapping efforts in Clam Bay (T. Hall, personal
communication) suggest that coverage of this important habitat has declined by more
than 50 percent between 1994 and 2006. It has also been suggested that a more
precipitous decline in coverage occurred between 1991 and 1994.
In response to these concerns, the Clam Bay Working Group contacted PBS&J to
conduct a study to determine the following:
. What is the extent of seagrass resources in Clam Bay?
. How has seagrass coverage changed over the recent past?
. What are the most likely factors associated with recent declines?
. How have freshwater inflow and nutrient loads to Clam Bay changed over time?
. What actions might reasonably be expected to allow for recovery of these
seagrass resources?
. What would be a reasonable timeline and budget for implementing such a
recovery plan?
This draft scope of work (SOW) and proposed budget has been produced to outline the
approach that PBS&J would take to answer these questions.
Scope of Work
PBS&J would conduct the following scope of work under an agreement with Collier
County.
Task 1 - Kickoff Meeting and Stakeholder Interviews
The PBS&J project team (David Tomasko, Ph.D., Emily Hyfield, M.S., Jeff Herr, P.E.,
Doug Robison, M.S.) will meet with with staff from Collier County to finalize the SOW,
164}
!I3.;
fI3
and to conduct detailed interviews with the following stakeholders and/or sources of
information:
. Dave Busier - Seagate
. Mike Bauer - City of Naples
. John Stieger - Past Natural Resources Manager of the City of Naples
. Mac Hatcher - Collier County
. Tim Hall - Turrell and Associates
. John Domenie - PBSD
. Kyle Lukasz - PBSD
. Jim Burke - PBSD
In addition, PBS&J will review the following information and data sets:
. All detailed monitoring reports and testing results performed by Pelican Bay
Services Division and lor their consultants.
. Collier County aerial photographs
. Any and all seagrass data from Clam Bay
. Annual reports and raw data collected from Turrell and Associates
. Conversancy ofSW Florida data on Clam Bay
Task 2 - Data Collection on Depth Distribution of Seagrasses and Potential Water
Clarity Goals for Clam Bay
PBS&J will determine the approximate depth distribution for seagrasses within Clam
Bay. For each species encountered, PBS&J will determine depth limits for deep edges,
with the term "deep edge" being operationally defined as that area beyond which
coverage is less than 10 percent (i.e., Vimstein et aI. 2002). A WAS-corrected handheld
global positioning system (GPS) and depth probe will be used to develop a minimwn of
30 maximwn depth distribution determinations. PBS&J will use geographic information
systems (GIS) based analysis to determine the presence of any spatial variation in
maximwn depth distributions.
Using the information from the above-described analyses, potential water clarity goals
will be developed for the Clam Bay system, using the following logic:
. If Clam Bay is similar to most other lagoon and/or estuarine systems in Southwest
Florida, the maximwn depth of distribution is most likely limited by water clarity
. If water clarity measurements are available from Clam Bay in sufficient quantity
and quality, it would be possible to determine the minimum light requirement for
seagrasses in Clam Bay
. If insufficient water clarity measurements are available, or if data are not entirely
usable for any reason, it would then be necessary to use light requirement
estimates from similar systems (e.g., Sarasota Bay, Lemon Bay, Estero Bay) to
26/1
8
determine the probable relationship between water clarity and seagrass coverage
in Clam Bay
. If sufficient water quality measurements are available for the parameters of
chlorophyll A, color, and turbidity, it will be possible to develop potential water
quality goals for these "manageable" water quality parameters
. If insufficient data are available for chlorophyll A, color, and turbidity, then
relationships between these variables and water clarity derived from similar
systems (e.g., Sarasota Bay, Lemon Bay, and Estero Bay) will be used to derive
preliminary potential water quality goals for those parameters.
Task 3 - Development of Estimated Fresbwater and Pollutant Loading Estimates
for tbe Clam Bay Watersbed
This approacb will be constructed in a similar manner as that whicb has been done for the
Lemon Bay watershed (Tomasko et aI. 2001, ERD 2003). The Lemon Bay model is a
spreadsheet-based pollutant loading assessment. It can be a useful tool for determining
the relative impact of different land use (land cover changes on both hydrologic loads
and nutrient loads to receiving water bodies. Using estimates of the historical and present
day delineations and land use characteristics of the Clam Bay watershed, freshwater
inflow volumes and loads of total suspended solids, total nitrogen, and total phosphorus
will be derived for the following sources: I) point sources [if any], 2) nonpoint sources,
3) baseflow [uncontaminated groundwater], 4) septic tanks [if any], and 5) atmospheric
deposition.
These estimates will be derived to allow for the determination of those factors that are
most likely associated with increased environmental degradation of Clam Bay. If
possible, pollutant loads will be broken down between the various types of non-point
sources (e.g., residential, commercial, etc.). The model will be developed using the best
available information on present and historical watershed delineations, historical land
cover, soil types, and the most recent land use (land cover estimates. Rainfall data from
the closest long-term rainfall gaging station will be used for model development.
Results will be presented for hydrologic and nutrient loads by source for a typical dry
season, a typical wet season, and a typical year.
Task 4 - Development of an "Action Plan" to Address Environmental Stressors
Based on information derived from Tasks I through 3, PBS&J will develop a list of the
major stressors that are affecting Clam Bay. For each stressor, we will also develop a
series of options that might be implemented that might be reasonably expected to reduce
the impact of that stressor. The usefulness of proposed options for any Action Plan will
be affected by considerations of budgets and time lines; we will use available resources to
craft options so that they are locally relevant to the issues of Clam Bay.
Special attention will be paid to activities that could be part of a public outreach ( public
participation effort. Potential activities include educational efforts focused on proper
16/1 B
lawn fertilization protocols, the value and use of cisterns for capturing roof runoff, the
value of rerouting roof runoff away from driveways, proper pet waste disposal practices,
etc. In a highly urbanized landscape, changes in practices on a personal level, if widely
adopted, can be more effective, and certainly less costly, than traditional stormwater
retrofit projects.
Using best professional judgment estimates from engineering staff at PBS&J, we will
develop potential time lines and preliminary budget estimates for each individual
restoration option.
Deliverable: Three (3) hard copies of a draft final report. After receiving one series of
comments from a review process managed by Collier County, three (3) hard copies and
three (3) electronic CDs of a final report.
Project Schedule
A draft final report will be completed within four (4) months of receiving a Notice to
Proceed from Collier County. After receiving final comments from the peer review
process on the draft final report, a final report will be completed within two weeks.
Compensation
To complete this project SOW, PBS&J will be using the services of GIS specialists,
environmental scientists, and professional engineers. Travel from PBS&J's Tampa office
(where David Tomasko is based) will be needed for a kick-off meeting (to be coordinated
with stakeholder interviews), two site visits for field work, and two meetings for
presentation of results and other tasks. Reimbursement will be required for two PBS&J
staff for the field work, and travel costs will include mileage, meals, and overnight stays.
Travel costs will be separately billed as direct cost reimbursements. The project will be
invoiced monthly for work completed during the previous month on a percent complete
basis itemized for each task. Lump sum fees for each task are listed below.
Task Lump Sum Fee
Task I - Kickoff Meeting and Stakeholder Interviews $3,000
Task 2 - Data Compilation, Field Work and Water Quality $14,000
Goal Development
Task 3 - Freshwater and Pollutant Load Model $12,000
Development
Task 4 - Action Plan Development and Report $8,000
Preparation
Direct Costs for Travel, Copying, & Miscellaneous $3,000
Total Fee $40,000
1611 B
References
Antonini, G.A., Fann, D.A., and P. Roat. 2002. A Historical Geographv of Southwest
Florida Waterwavs: Volume 2 - Placida Harbor to Marco Island. Florida Sea Grant
Publication.
ERD, Inc. 2003. Nonpoint Source Model Development and Basin Management Strategies
for Lemon Bav. Final Report to: Surface Water Improvement and Management (SWIM)
Section, Southwest Florida Water Management District, Tampa, FL.
Tomasko, D.A., D.L. Bristol, and I.A. Ott. 2001. Assessment of present and future
nitrogen loads, water quality, and seagrass (Thalassia testudinum) depth distribution in
Lemon Bay, Florida. Estuaries. 24: 926-938.
16 I d ,B
Although transcribed minutes of our meetings on Wednesday January 11 th
will be made available in the future, hereunder are my short comments.
The two meetings were called by Gary McAlpin. The first meeting was to
meet Dr. David Tomasko of PBS&J and the second was to discuss the
current status of the navigation markers.
Present at the meetings were:
Barbara Smith
Kyle Lukasz
Jim Burke
Don Spanier
John Domenie
Time Hall
Mike Bauer
Court recorder
Doug Finlay
Mac Hatcher
David Buser
Gary McAlpin
PBSD - recorded meetings
PBSD
PBSD
PBSD
PBSD
Turrell & Associates
City of Naples
To take down and transcribe conversations
Resident of Naples
County (came in late)
President Seagate Homeowners Association
County
And Dave Tomasko, who only attended the first meeting.
Dave (as he prefers to be called) opened the meeting with a power-point
presentation which lasted about 60 minutes in which he introduced the
activities of the company, its achievements, and typical problems
encountered with sea-grass beds.
PBS&J is a company headquartered in Tampa and employs about 3,700
people all over the world. It is an engineering and biological company
concerned with the environment It has a small office in Naples overseeing
the work being done on Haldeman Creek, but initially any work on the
Clam Bay system would be handled out of Tampa.
It was obvious that he had obtained some information on Outer Clam Bay,
but was not familiar - or did not disclose any familiarity - with the rest of
the Clam Bay system.
He went into detailed explanations of the various sea-grasses and some of
the successes the company has achieved - especially in and around
Tampa Bay and Sarasota bays.
The upshot is that he agreed to provide McAlpin with a preliminary
estimated cost to initiate a four months study of Outer Clam Bay based
basically on existing data made available to him by Pelican Bay, the
1611 B
County and the City. McAlpin indicated that he already had a commitment
for funds and that this would not require a bidding process.
My own concern is that a four months study of existing data may not be
sufficient as in his presentations he indicated that to make
recommendations the company normally needs 12-18 months of current
data.
Since Dave put a lot of emphasis on the health of the system based on
various factors - including prop damage - we (the representatives from
the PBSO) felt that such a study would be beneficial to Outer Clam Bay.
(Personally I had the feeling that Buser was not too happy with the results.
He tried to introduce a letter from Florida Fish & Wildlife dated 1995, but
McAlpin stated that was not relevant to the present study.)
In response to a question he mentioned that he was not aware that
mangroves and seagrasses could not co-exist - however he did not rule it
out either.
During the second meeting we were informed by Mr McAlpin that he
expects to contact Joe Embers of the USCG in Miami for private aids to
navigation for Clam Bay/Outer Clam Bay by 1-25-07. Further he will
contact Gary Lyntton of the FOEP in Ft Myers by 1-30-07 to have "Clam
Bay" permitted only as a Aquatic Preserve. Then Tara Alford of the Florida
Fish & Wildlife will be approached for a permit to install Channel Markers
after the USCH Permit is issued. Tara should come to Naples in about 90
days.
I am concerned about the request to declare "Clam Bay" as an Aquatic
Preserve as the consequences of this were not properly or fully explained
tome.
John Domenie
January 11, 20! 6 lIB
MINUTES OF THE COLLIER COUNTY CLAM BAY PERMIT
ISSUES WORK GROUP WORKSHOP
Naples, Florida, January 11,2007
LET IT BE REMEMBERED, that the Collier County Clam Bay
Permit Issues Work Group held a workshop in Collier County
Pollution Control Conference Room B, 3301 E. Tamiami Trail,
Building H, 3rd Floor, Naples, Florida, on this date, with the
following parties present:
THOSE IN ATTENDANCE:
Kyle Lukasz
Barbara Smith
Jim Burke
Dan Spainier
Timothy Hall
John Domenie
Mike Bauer
David Buser
Dave Tomasko
Doug Finlay
ALSO PRESENT: Heidi Ashton -Assistant County Attorney
Mal; Hatch~r - EnvironnWQtal S~rvk~ri
Gary McAlpin- Coastal Project Manager
January 1l,~0~ lIB
1. 9:00 AM to 11:00 AM
Sea Grass Discussion with PBS&J (Dave Tomasko - Tampa, and Don Beis -
Jacksonville)
Mr. McAlpin introduced the participants.
Mr. Tomasko, PBS&J, gave a Power-Point presentation regarding Clam Bay.
(See attached)
· Outer Clam Bay is connected to the Gulf of Mexico via Clam Pass
. Ebb tidal shoal has increased coverage over past 50 years
. Seagate Drive severed tidal flow between Doctors and Clam Passes
. Need areal photo to determine loss of sea grasses
. Change in species can indicate problem
. Correct targets need to be determined so correct action can be taken
. Florida has no water clarity target
. Need to set water quality goals for Clam Bay
. State standards are not recommended, may be either too stringent or
not stringent enough
. Need to determine what is reducing water clarity
. Level of detail needed will control amount oftime and resources
needed
. It's likely there are many non-point sources
. Success or failure depends on site selection, selection of species, care
in planting, adequate monitoring
· Transplanting grass only works where negative conditions have been
corrected
. Transplanting is not effective where no grass previously existed as
conditions were never conducive to growth
· Where scarring exists, repair must be done to re-grow grass
. Level of detail will determine quantity of resources to be used
(Short recess)
Scientist's background, work history and successful restoration projects
worked on:
Mr. Tomasko stated he has been with PBS&J one year; was Manager of the
environmental section of Southwest Florida Water Management District; is
experienced in watershed restoration; is experienced in restoration of rivers
and lakes and working on restoration plans for Peace Creek, Highlands
County, Sarasota Bay. Mr. Tomasko did Ph.D. on sea grass in lower Tampa
Bay, worked on sea grass issues in the Philippines and works with
governmental entities to corne up with water quality goals for impaired waters
2
January 11,}<6 lIB
Phases of this Work Assignment
. Diagnostic
. Mitigation
. Monitoring
Requirements of the Work and Deliverables
. Depends on data sources available
. Mangroves and sea grasses can co-exist
. Make estimates on what is needed to achieve goals
Timing and Costs
Mr. Tomasko explained that timing and costs will depend on what is asked for.
Timothy Hall, Turrell and Associates discussed available data regarding biological
monitoring.
· There are nine sea grass transects set up between Bay and Pass
· There has been a decline in sea grasses from 1994 to today
. Levels of nitrogen, phosphorus, total dissolved solids, salinity and
dissolved oxidants have been taken to determine water quality
Mr. McAlpin suggested putting all of the data into one database.
. Mr. Buser will analyze data
. Mr. McAlpin will coordinate data
· Mr. Tomasko will be asked in writing to come back and tell us what
happened, what caused it, how to re-establish sea grass beds, and give
us a time frame and cost.
o Time frame will be four months
o Within next week, need estimate of cost to get four month plan
o Need to consider impact on mangroves
o Storm water drainage will be difficult and expensive to fix
(Doug Finlay, Mike Bauer, Dave Tomasko and Mac Hatcher left the workshop at 11 :30
a.m.)
2. 11:30 to 12:00
Channel Marker Discussion Based On Recent Discussions With FWS And
USCG With Collier CountylPBSD Aild City Of Naples/Seagate only
. Need permit for private aides to navigation
. Unpermitted signs are illegal
. Need to apply for permit for private aids to navigation
3
JJaPl/,2))7 B
. Need 2 by 4 sign that says "Caution Clam Bay Channel above
mean high water"
. Clam Pass through Clam Bay is area involved
. Locations will be reviewed with Tara Alford
. Gary Linton at DEP will be worked with to set up aquatic preserve
. Markers will be in Clam Bay
There being no further business for the good ofthe County, the workshop
;tdjourned at 11:45 a.m.
CLAM BAY PERMIT ISSUES WORK GROUP
Chairman
4
16118
John Domenie Comments to Commissioner Halas:
Thank you for the work which the County has agreed to perform on the Clam Bay estuary. I would
especially like to thank Gary for his initiative in this respect especially in coming up with the name
of PBS&J. I certainly had a very good impression of the company's capabilities.
I would like to state that the following are my own personal comments and do not necessarily
reflect those of the PBS(Pelican Bay Services Division) whose next meeting is scheduled for
Wednesday February 7th.As you are aware the members of the Board of the PBSD fall under the
Florida Sunshine Act so that I can not discuss the Draft Scope with other members outside of
regular meetings. You will note I have not sent Jim Burke, our Chairman, a copy. eventhough he
received Gary's e-mail.
I am a little concerned about the wide spread usage of the words "Clam Bay" "Clam Bay system"
and "Clam Bay watershed" which are used in the Draft Scope of Work.
For us who live in the three square mile area known as Pelican Bay, the Clam Bay system is the
570 + or - acres deeded to the County. The Clam Bay system consists of "Upper Clam Bay",
"Inner Clam Bay", "Lower Clam Bay - also known as Outer Clam Bay", "Clam Pass", the
connecting creeks and a "pond" in the middle of the Clam Bay system known as (appropriately)
"Pelican Bay" - hence the name of the area.
Thus my question when referring to Clam Bay. will PBS&J do testing for seagrasses in all three
bays and connecting creeks?
I would certainly welcome that. but I do believe that that exceeds the scope which has been
discussed in the past - and certainly would not be possible for the proposed $40,000.
In my opinion the Draft Scope should be reworded to clarify exactly what area or areas are being
considered for this study: i.e. - "Lower (Outer) Clam Bay" - thus avoiding any misunderstandings
and disappointments in the results of the study.
For instance under "Clam Bay Watershed" I am of the opinion that PBS&J's study will not include
storm waters which fall on the County Library, Sheriffs sub-station, EMS, Fire Dept, County
tennis courts, the Ritz-Carlton andlor Bay Colony - all of which are situated at the northern end of
the "Clam Bay Watershed".
On the other hand Waterside, the Phil, St Williams, Tierra Mar, Bridgeway, 8 high rises, the
Naples Grande (ex-Registry) are definitely part of the Clam Bay watershed - as are Seagate,
Naples Cay, Park Shore, etc.
And at the meeting on January 11th someone also commented that storm waters from Pine
Ridge road may be entering Lower Clam Bay.
Two other comments:
On page one emphasis appears to be on the inflow of freshwater; perhaps another aspect should
be the effect of the inflow of salt water as the tidal prism was increased from about 4" prior to the
dredging required under the 'Ten-Year Plan" to over a foot today, indicating increased flushing of
Lower Clam Bay.
And on page 4 I feel that iI would be very appropriate if the PBSD were to be provided wilh hard
copies.
Please be assured of our complete cooperation and our desire to see this through to a final
solution by working with Gary McAlpin.
1611 B
Thanks
John Domenie
Chair - Clam Bay Committee - PBSD
"Hereunder are my comments on the January 30th meeting:
16/18
eJz' At) /)CJ ff1 hJ i~
Please note:
CAC may wish to regulate interior channels
Funding must still be approved by County Board
Study may require considerable funds in the future
Our Board must approve delay in sending renewal
Is renewal really necessary?
MEETING JANUARY 30TH AT THE COUNTY COMMISSIONER'S OFFICE
In attendance:
Commissioner Halas
Jim Mudd
Leo Ochs
Mac Hatcher
Gary McAlpin
Mike Bauer
John Domenie
(Dr. Buser arrived ten minutes late)
Before the meeting started I provided each one with a copy of the Map
"Pelican Bay" available through the Foundation, as this map clearly shows
the area under discussion. I also provided each one with a map produced
by the PBSD entiUed "Clam Bay Canoe Trails".
Halas opened the meeting stating that he had received a phone call from
Council member John Sorey who wanted to attend, but Halas convinced
him that this was merely a meeting to discuss seagrasses in Clam Bay.
He then asked Gary to talk a litue bit about the "Draft Scope of Work" to be
performed by PBS&J, who then outlined what was included in the study.
Halas asked me if I was comfortable and I mentioned that I felt the area to
be studied should be defined as Outer (or Lower) Clam Bay as the wording
at the moment refers to "Clam Bay", "Clam Bay system" and "Clam Bay
watershed" which was agreeable to all. I just wanted to make sure that the
others realized that the area of study represents only a very small area of
Clam Bay. It is anticipated that the first steps of the study would
commence in three weeks when all the paperwork is done.
Mudd then asked who was going to pay for this. It was pointed out that at
the present time no Tourist Development Taxes could be used. (I
emphasize at the present time as later Gary mentioned that in the future
16/1
>"1
(j
CAC may also look at interior channels). I feel that this is something we
should try to resist - and can CAC over-ride conditions contained in the
Ten-Year Plan? There was a rather lengthy discussion and at one time
they looked at me! But, in the long run Mudd stated that it might come out
of Emergency Funds in the General Fund - but that would have to be
approved by the Board of County Commissioners - so that could still
become a sticking point!
Mudd also pointed out that the cost of the preliminary study might indicate
the need for a much greater investment in the future once the results of
the study are in and the implementation phase starts. At that point it may
have to become a cost sharing problem between the City and the County.
As usual Buser, when asked about the study answered - "yes.....BUT...!
He tried to bring up the question of the bridge. "The County is addressing
this problem" was the answer.
He also tried to bring up the aids to navigation, and was told that the US
Coast Guard has been notified, but that the final word may have to come
from the Florida Fish & Wildlife - in about three or four months.
When Halas asked point blank "Are you satisfied - and what is the purpose
of this meeting?" - Buser again hedged his response stating that the
Biological and Hydrological studies prepared by us may be "faulty", and
that he would like to study them some more.
Then Buser stated that the PBSD must not start the process of renewing
the permit, and if we did - he would go direcUy to the State Agencies
involved listing the violations. I pointed out that we are less than 18
months from a renewal and that we are already gathering information, but
that naturally the study of the seagrass beds may have to await the results
of the PBS&J report. It was agreed that we should continue preparing for
the renewal, but that I would recommend to our Board that we await such
results before submitting the final request.
Then Mudd stunned everyone by asking why we need a Permit at all -
costly and what will it serve. Buser brought up that since Pelican Bay was
created PB has been in default of agreements, and that the die-off was
caused by over development, etc. Halas stated that that was water over
the dam and before the Ten-Year Plan was approved, but Mudd again
insisted on asking why we need a renewal of the Plan. I could not come up
with any convincing arguments, and perhaps we should examine the need
for a "Restoration" only a limited "Management".
16J18
At the end Halas again asked Buser if he was satisfied and the answer
was" "yes....But... And the Meeting ended.
From: Johandomenie@aol.com
Sent: Friday. January 12. 2007 11 :29 AM
To: smith_b
Cc: nfn16799@naples.net
Subject: MAP
Barbara:
1 6.... ~age: 1 of 1
.. J 1 B
Please include the following as part of our next PBSD Board Meeting.
Thanks
On Thursday evening, January 11th, there was a presentation by the Mangrove Action Project
(MAP) - not to be confused with our own Mangrove Action Group (MAG) - at the Rookery Bay
Reserve Environmental Learning Center.
MAP was started about ten years ago and is headquartered in Port Angeles, WA. Its scope is
international with activities (among others) India, Indonesia, Thailand, Brazil and Ecuador, as well
as the Caribbean and USA.
The first speaker was its executive Director Alfredo Quarto who provided some background on
various mangroves (in Ecuador there are mangroves that grow over 150 feet in heights) and
indicated the World is loosing over 150,000 acres of mangrove forest each year. Many of these are
being converted to shrimp farming. It is the goal of MAP to reverse this trend as mangroves are
essential for fish culture.
Kathy Worley of the Conservancy then spoke about a die-off area near Goodland, indicating that
the area floods in summer and becomes bone dry in winter - cause: the construction of two roads
blocking the natural flushing of water.
Then Robin Lewis, who has worked with MAP indicated some successful projects in which he has
been involved including Pelican Bay.
The only person in attendance from our own MAG was Art Ritas - I was disappointed that other
MAG members did not know about this meeting or did not attend.
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PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING
WEDNESDAY, FEBRUARY 21, 2007
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET
COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT
f 8962 HAMMOCK OAK DRIVE. NAPLES.
FLORIDA 34108 ON,
1. Roll Call
2. Approval of Minutes of the November 15, 2006 Meeting
3. Audience Participation
4. Fiscal Year 2007 Capital Project Budget
5. Proposed Fiscal Years 2008-2011 Capital Projects
6. Fiscal Year 2008 Projections
7. Historical Assessments
8. Audience Comments
9. Adjourn
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES
DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND
THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED ANY PERSON REQUIRING SPECIAL
ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR
PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT
(239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE
MEETING.
Pelican Bay - located in the County's District 2
1611 B
MINUTES
BUDGET COMMITTEE
November 16, 2006
Naples, Florida
LET IT BE KNOWN, that the Budget Committee of the Pelican Bay Services Division
Board met in Regular Session on this date, November 16, 2006 at 3:00 P.M. at Hammock Oak
Center. 8962 Hammock Oak Drive, Naples. Florida 34108 with the following members present:
Mr. Coleman Connell. Chairman
Mr. John Boland
Mr. David Bramson (Absent)
Mr. John laizzo
Mr. Christopher Sutphin
ALSO PRESENT: No members of the general public; three (3) members of the Pelican Bay
Services Division Board; Mr. James Hoppensteadl, President, Pelican Bay Foundation; Mr. Tim
Hall, Turrell & Associates; Mr. John Petty, Division Administrator, Pelican Bay Services Division;
Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Ms. Jean Smith; Operations
Analyst, Pelican Bay Services Division; Mrs. Barbara Smith, Recording Secretary.
AGENDA
1. RollCall
2. Approval of Minutes of the September 6,2006
3. Audience Participation
4. Review of Major Budget Items, Year Ending 9/30/06
5. Review/Restate Long Range Goals
6. Long Range Capital Projects
7. Committee Requests
8. Adjourn
ROLL CALL
Mr. Connell called the meeting to order and asked that the record show all members
present with the exception of Mr. David Bramson.
APPROVAL OF MINUTES OF THE SEPTEMBER 6. 2006
Mr. Sutphin moved 8800nded by Mr. ,aizzo IItId approved
unanimoualy, the Minut.. of the Septltmber 6, 2006 Meefi"ll.
AUDIENCE PARTICIPA nON
There were no comments from the audience.
REVIEW OF MAJOR BUDGET ITEMS. YEAR ENDING 9/30106
REVIEW/RESTATE LONG RANGE GOALS
LONG RANGE CAPITAL PROJECTS
501
16
l' 8
Budget Committee Meeting
November 15, 2006
ML Connell stated, "Our primary reason for being here to,day is to work our way towards
a Capital Budget for Fiscal Year 2008", The Operating Budget cannot even be considered at
this point because the County does not provide us with the necessary information until February,
ML Connell stated, "I extended invitations to the Foundation, as well as the Pelican Bay
Property Owners Association, to attend today's meeting". ML Hoppensteadt is here today
representing the Pelican Bay Foundation. I had a note from ML Coyne indicating that the Pelican
Bay Property Owner's first meeting of the season is scheduled for today and, therefore, their
organization will not have a representative at our meeting today. That having been said, I would
like to move into the Fiscal Year 2006 Budget, just as a review of how that budget went.
ML Connell stated, "Everyone is aware of how the budget is put together and how it
works". This slide starts with how the budget was approved by the Board of County
Commissioners, moving on to the forecast, which I understand that mid-way through the year a
reading is taken by those who handle the funds, to determine what they believe the balances will
be at year end. We then move to Actual Expenditures and the Budget Variance; then the
Forecast Variance. The Forecast on the budget, six months before the end of the year was very
close.
ML Connell stated, "ML Domenie, at the last Board Meeting I believe you asked for
examples of variances in the budget". The major variances are listed on the bottom of that page.
Moneys allocated for Public Relations are significant and from my recollection we did not produce
as many publications as we had planned, therefore, the money was not used.
ML Petty stated, "Part of that was also that we did not do the mailings, but we did print
materials which were supplied to the Foundation, tram areas and our offices". We saved quite a
bit of money by making the material available to the residents that were here and would be using
it at that time.
ML Connell stated, "With regard to the Special Assessment, as you recall, the Reserves
were given back to the taxpayers in anticipation of the possibility of annexation occurring". It was
originally planned that we would restore those funds through an assessment, but an alternative
S02
16 lIB
Budget Committee Meeting
November 15, 2006
way of funding an unusual happening was located through the F.oundation. Am I right that that
funding is still in place?
Mr. Sutphin stated, "I believe that this precedes Mr. Hoppensteadt and he may not be
aware of this agreement". The Foundation has an available bank line of credit, in which we
have an agreement from the Foundation that would cover us in the event we should have a
catastrophic occurrence that would require us to spend money, and in the County system, you
cannot spend money unless you have it. The agreement was that the Foundation would provide
short term financing to the Pelican Bay Services Division until we could levy a special
assessment and bring the funds in to pay it back. I believe that agreement is still in place.
Mr. Petty stated, "We had talked with the Budget Committee last year and have
investigated having our own line of credit available to us". If we were to be hit by a hurricane it
could be that the Foundation's funds would be used for their costs and may not be available to
us. We do have the ability to go out for a line of credit. We have talked to the County and there
does not appear to be any restrictions in that regard. Plus, the County does have reserves of its'
own that we may be able to tap, but we do have that same short term line of credit option
available to us.
Mr. Sutphin stated, "It appears that the Foundation is really second in line if a disaster
should occur".
Mr. Connell asked, "Would this be through a bank that the County selects"?
Mr. Petty replied, "The County has its' own system that we may partake of'. We have
also looked at an independent line of credit for the Pelican Bay Services Division through
SunTrust Bank.
Mr. Connell continued, "The balance of this statement is self-explanatory, but if you have
a question we will be glad to answer it". The largest of the Variance is Security and as we all
know, the Sheriffs participation in providing our extraordinary Sheriffs Patrols ceased in the early
second quarter of the year. Therefore, there was a substantial positive affect to the budget.
Mr. Domenie asked, "Does the $500,000 get carried fOlWard to next year"?
503
1611
B
Budget Committee Meeting
November) 5, 2006
Ms. Jean Smith replied, "It was taken into consideration.in the preparation of the Fiscal
Year 2007 budget".
Mr. Connell stated, "It would not be treated as a Capital item, it is an Operating item".
Mr. Connell stated, "The next item is the Carryforward Analysis". This takes the six
categories of budgeting and traces the Beginning Fund Balance through the Ending Fund
Balance to the end ofthe Fiscal Year. Uninsured Assets is the largest variance.
Mr. Sutphin stated, "I have a question in going forward and is something for next year".
Since we now have the ability to finance the replacement of Uninsured Assets, would it make
sense to simply eliminate that as a fund in going forward? We don't currently assess anything to
rebuild it.
Ms. Jean Smith offered that this fund will be closed.
Mr. Petty stated, "In your budget you may want to consider some type of reserve for
Uninsured Assets". Not as a separate fund, but as a line item in the Right-of-way Fund. There is
a cost of obtaining short term financing and although it is small, you certainly do not want to
obtain financing that if you only have $50,000 in planned replacements. There is a number that
you may wish to fund for small projects and use the financing for the bigger items.
Mr. laizzo stated, "' think we should hold on to that money for a long while". Is that a
decision that we are going to make at a general Board Meeting?
Mr. Connell replied, "Yes, it certainly can be recommended".
Mr. Hoppensteadt asked, "On your Carryforward Analysis, is that a cash account
analysis"?
Mr. Connell replied, "Yes".
Mr. Hoppensteadt asked, "What does this represenl"?
Mr. Connell replied, "Part ofthe numbers represent the total revenue as of September 30,
2006, the budget supplied funds". The Water Management Fund of $1,573,000 would be
unexpended funds year-ta-year, which has to carry forward.
504
1611
B
Budget Committee Meeting
November 15,2006
Mr. Hoppensteadt asked, "Does the Division have $1 ,5n,OOO in Water Management on
a cash basis"?
Mr. Petty stated, "Ms. Jean Smith can probably give you to detailed answer, but let me
provide you the short one". At this current point in time, before the books are closed and all of
the invoices are paid, this is our best picture of what that carryforward will be". The interest has
not yet been calculated on some of these accounts and until the audit is complete we don't like to
give a final number, but it is useful for budgeting purposes to look at how it is currently flowing.
Take this as a general direction of the funds and in some cases you have to do some exceptions.
There was quite a bit of money left over in the Security Fund, but that has already been budgeted
in the Adopted Budget. If you look at Security Fund 1 to, second column and the Budgeted Fund
Balance of $486,000 that is basically the dollars that we already knew we were going to get, since
we cancelled the security program and we rolled it into next year's budget and are utilizing it
elsewhere. It is not as straight forward as a cash report would be.
Mr. Connell asked, "Isn't it true that there is no such thing as a bank account"?
Mr. Petty stated, "None that I can touch". Ms. Jean Smith is the gatekeeper for the
money and there are monies available to do District business, but you do have to go through the
County system to do that and you must comply with all County programs to get to it. The money
is allocated for just our use and other departments of the County do not get 10 use it.
Mr. Connell asked, "Do we have a say about how it is invested"?
Mr. Petty stated, "There are policies within the County that follow State investment
programs and they have adopted an investment program for all County funds and as a Division of
the County, we automatically fit in there". We do have a say, but as a Division ofthe County.
Mr. Connell asked, "How do they allocate the interest to the Pelican Bay Services
Division "?
Mr. Petty replied, "It should be by percentage". What percentage of the funds that we
carry in that account. Ms. Jean Smith has always been the gatekeeper on this, as she is with the
FEMA money. The interest is one item and she has said that it has not all been posted to us as
505
16 J 1
B
Budget Committee Meeting
November IS, 2006
yet, because that determination is done at the end of the year. They say that you have had an
average of "x" number of dollars, which represents 1-112% percent of County funds and,
therefore, you get 1-1/2% of interest carried, or some similar formula. That is somewhat of a
simple way of putting it. FEMA is basically the same. They try to pay us according to the projects
and I believe we are supposed to get paid back according to that and we are still looking for some
of that money to come back in. As a small Division of the County that money does not come to
us on a real time basis, it comes to us at the availability of the County in dong the calculation.
Mr. Connell stated, "We can now move on to the Fiscal Year 2006 Capital Programs".
This chart shows the amounts that we adopted for each individual project. The second column
shows Amendments to the Budget that can be one of two things; Carryforward from one year to
the next and the use of excess funds for another project.
Mr. Petty replied, "That is correct". Amendments can happen mid-year or any time during
the year and it is basically a reflection of the current conditions in your community of what you
would like the funds to go towards. If you have money available in one category that now has a
low priority, you can take money from there and put it into a new category with a higher priority.
That just requires a Budget Amendment and it should be done before the Board. There are
emergencies, of course, where your staff has the ability to do temporary funding from certain
items. That kind of sticks our neck out because we have to come back to the Board for approval,
otherwise it reflects poorly on management. Typically, we will only do that with small funds.
Major changes to the budget should always come before this Committee or the Board before a
commitment can be made.
Mr. Connell stated, "Apparently this doesn't happen very often and I cannot recall this
being an item at a meeting". Perhaps it has happened and I just did not recognize it.
Ms. Jean Smith stated, "Last year there was an issue with the Oakmont Wall and there
were funds available in another project that we moved in order to do the Oakmont Wall".
Mr. Petty stated, "Also, at the end of the year you have approximately thirty days after the
closing, where if you have made changes in your budget that are meaningful, that you should
506
Budget Committee Meeting
November 15,2006
1611
B
also do a clean-up budget amendment". The line item clean-up should be done at the end of the
year. By law, you are only required to do it on a fund basis, but in the past I think we have always
done it on a line-item basis to keep everybody in the loop, to the best of our ability.
Mr. Spanier stated, "On the 2006 Capital Improvement listing there was a project listed as .
a Community Master Plan in the amount of $56,000". What happens to that $56,000 going into
Fiscal Year 2007? Do we continue to have a Capital item entitled Community Master Plan?
Mr. Connell replied, "My understanding is that it would roll forward, staying right in that
same category, unless it gets amended by the Board".
Mr. Lukasz stated, "The Board approved the use of that $56,000". That is why the
Amended Budget says "$0". If you look on Page 4, Phase IV (Crayton, West) that number
changes from $435,000 to $356,000. That difference, plus the $56,000, gave us the funds equal
to the $134,800 to do the OakmontWall. That money was used.
Mr. Spanier asked, "Will that number be extinguished"?
Mr. Connell replied, "Yes, it will disappear".
Mr. Spanier stated, "The only additional item related to that and that you may not be able
to comment on, is whether there is a Master Plan Project proceeding, in or with the Foundation
that we are participants in"?
Mr. Connell replied, "I don't know the answer to thaI".
Mr. Sutphin stated, "I am serving on the Pelican Bay Foundation's Strategic Planning
Committee and Master Plan is the wrong word". The Strategic Planning Committee is now a
standing Committee of the Foundation Board and is charged with establishing a long-term
strategic plan for Pelican Bay. A subset of that Committee is identified as keeping Pelican Bay
competitive. That mayor may not at some point in time lead to the identification of upgrades in
the basic infrastructure that would require participation of the Services Division. As an example,
and I do this as a "hypothetical example", if we wanted to plant Royal Palms the length of Pelican
Bay Boulevard and the community supported that effort, that would end up being a Pelican Bay
Services Division project. If the community decided that they wanted gold plated entrance
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monuments, and since we administer the entrance monuments,. that again would fall under the
auspices of the Services Division. That is how I see it.
Mr. Hoppensteadt stated, "One item that this Committee might want to keep in its'
awareness is a recommendation that has come up in the Joint Community Awareness Task
Force, which supplants the Sheriffs number is the technology where we look for security cameras
at strategic locations rather than have dedicated deputies". Your Chairman and I have had talks
with the Sheriffs Department and it is a possible solution. We also talked about a couple of
electric vehicles that could be stationed here for the Sheriffs Department access to get into some
areas more effectively. These are items that this group may want to set aside some money for.
Mr. Connell asked, "Is that group talking about modifying or upgrading the entrances"?
Mr. Sutphin replied, "No, that was hypothetical".
Mr. Hoppensteadt stated, "That was hypothetical, but mine was more specific". For the
Foundation property, we are looking at surveillance cameras for some of our security issues.
That same consideration has been suggested community-wide. If it is a community and not
gated, it makes sense to start guarding some of those areas for ingress and egress with
surveillance cameras, so that if something happens we have a record of who was in and out of
that area. That may make a lot of sense.
Mr. Petty stated, "These will all be matters that would be brought before the Committee
for consideration". We have given conceptual approval, as you have heard from your Board
Members, to work with them to the best of our ability, but we have not committed any dollars as
this time.
Mr. Sutphin stated, "I want to emphasize that the aspect of it that I was alluding to is quite
a ways out, if ever, because we are in the process of doing an analysis of bench mark
communities in terms of costs and the amenities that they offer". We are looking to see if they
are a threat to Pelican Bay, in terms of its' ability to maintain the type of appreciation in property
values that our residents have gotten used to and expect. If in fact that it turns out that there are
some things that could be done to improve Pelican Bay's competitive position, relative to those
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communities, I think the Strategic Planning Committee would recommend that those things be
done. Some of them may involve publicly owned infrastructure. There is nothing beyond that at
this point.
Mr. Spanier stated, "There are aspects of this that are not at all clear to me". A few years
ago we started to talk about Master Planning". We were talking about impacts, largely on the
physical Master Plan of Pelican Bay. I understand what you are sfudying in the Strategic Goals
Committee, but is one your end products going to be a new and revised Master Plan and code
that will regulate the appearance of the community in terms of certain thoroughfares that you may
want to widen or narrow or close; the appearance of a complete rebuild-out, which is going on
and the whole myriad of policies and physical constraints and incentives to modify the
appearance of the community, including the appearance of the structures that we will have here
ten years from now? Is that part of your study, or is it no longer on the board? That Master Plan
concept, as it went in the wrong direction, considered such things as entertainment on some of
the retention ponds, pagoda like structures and other half baked things, but it was going
somewhere. It was going towards a fresh look, not simply by the look of other communities that
are now in the selling stage, but being a twenty-six year old community undergoing deterioration
changes. What we vision the community looking like, its' Master Plan, in the literal sense, of our
future. Is that within the framework of what we are doing or do we need to appropriate some
thinking money to do it? Should that be done by the Foundations Task Force or by our Division?
Mr. Sutphin stated, "I will try to answer you from my personal view". First of all, I think
this Board concluded, either formally or informally and I don't remember which, that it is not the
function of this organization to create new services". The function of this body is to provide what
the community wants.
Mr. Spanier replied, "I am not talking about creating anything, I am talking about streets,
roads and landscaping".
Mr. Sutphin stated, "Improvements or enhancements to publicly owed infrastructure".
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Mr. Spanier stated, "' believe you are saying you do not visualize that as a function of the
Division "?
Mr. Sutphin replied, "Correct". It is something that the constituents, by law, who are the
dues paying members of the Foundation, decide as a body if they are willing to make the
necessary investment in upgrading the community.
Mr. Spanier stated, "We have those same determinations to make".
Mr. Sutphin replied, "In my opinion, it is not our job".
Mr. Spanier stated, "I simply wanted to know, that as a result of the work that is in
process, will a Master Plan emerge"? Apparently, that answer is no.
Mr. Sutphin replied, "That is not what I said". In my opinion, a long term strategic plan is
a Master Plan". It mayor may not involve fountains in the middle of Oakmont Lake. It mayor
may not involve new street lighting, with a different look than what we have. It is very premature
to even ask questions at that level of detail.
Mr. Spanier replied, "Let me leave this for the Board, because I don't know how to
structure the budget".
Mr. Sutphin stated, "This has nothing to do with the budget".
Mr. Hoppensteadt stated, "At such time as the Foundation is able to come before this
organization with a plan or proposal thaI will be bom out of the work of this Strategic Planning
Committee, then we would come appropriately with a formal request for funds to be allocated to
do whatever the recommendation was of the Strategic Planning Committee". I think that the
Strategic Planning Committee is the Foundation's attempt to start getting at a Master or Strategic
Plan approach to the future.
Mr. Burke stated, "I am going back in memory here, but am I correct that the Pelican Bay
Services Division putthe signage up at the three entrance ways"?
Mr. Connell replied, "Yes".
Mr. Burke stated, "The land is owned by the Foundation or the County".
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Mr. Lukasz stated, "The Division has an easement over the property for where the signs
sit". It is Foundation property. The north entrance belongs to the commercial building, but we
have an easement there for the signs.
Mr. Burke stated, "We maintain it". If the Strategic Committee comes back and wants
neon signs there, hypothetically, would we put them in and maintain them?
Mr. Sutphin replied, "I would assume so, if the property owners in Pelican Bay wanted
neon signs". That is a premise to all of this. If the property owners want it and are willing to pay
for it, it simply means that the project gets paid for by a non-ad valorem assessment from this
body, as opposed to an assessment from the Foundation.
Mr. laizzo asked, "If there is a major change in Pelican Bay, does it become a
referendum for the residents of the community to make that decision"?
Mr. Sutphin replied, "I don't know what the Foundation's by-laws say, but I know in Bay
Colony that if there is to be a capital assessment outside of the Operating Budget, it must go to
the residents for a vote". I don't know what the dollar limit for that is. I assume there is
something in the Foundation by-laws about that.
Mr. Petty stated, "You do not have to go by referendum for a capital program for the
Pelican Bay Services Division ". Since this is done by assessment, there is a public notice
procedure to the landowners. You would give public notice and have those hearings and take
comments from the public and then you would sit and make your decision as a Board, but the
residents do not get to vote one-by-one. If they like your decision great, but if they don't, they will
probably vote for someone else next time. If the Foundation came to us and said something
about the signs, we can incur that and increase our Capital Program and assessment by either
simply going through the budget process, or if it was a long term debt, we would go through the
noticing procedure to every landowner. There would be a public hearing process and you would
make your decision.
Mr. Connell stated, "It is really the same as the Board of County Commissioners making
a decision and we have to live with il".
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Mr. Connell stated, "Now we have the Proposed Fiscal Year 2008 Capital Projects". This
also includes what is underway in Fiscal Year 2007. A large number that stands out is $750,000
for entry markers. Is that a worthy subject to discuss today, in light of what is happening with the
long range planning? Are we going to be running in contradiction with them? I believe those
monuments are six or seven years old now. Many will ask what is wrong with them and I am not
suggesting there is anything wrong with them. It does seem to me that there are a number of
things that we could do with the three entrances, which would reaDy beautity them and not cost a
fortune to do and, also, not stand in the way of what may be coming ten years down the road.
What is your thought in replacing the monuments?
Mr. Burke stated, "Didn't Mr. Kinney come to us with some sketches that a local architect
had put together for the Foundation"? I thought we had discussed that creativity for those
markers would come from the Foundation and community input. They would then come to us in
terms of putting them in.
Mr. Connell asked, "Mr. Lukasz, what do you recall"?
Mr. Lukasz stated, "There were four different schemes that we had drawn up and one of
the schemes was what was actually used".
Mr. Burke asked, "Didn't someone come in with plans early last year"?
Mr. Hoppensteadt slated, "I believe I have seen some renderings that have been done
within the last twelve months". Again, it would be our desire to have some foundation in structure
coming out of the Strategic Planning Committee, based on their work and having the Foundation
come before this Board for the allocation of funds and then the Task Force for designs.
Mr. Connell stated, "You have just got us up to the year 2009".
Mr. Burke stated, "The Oakmont Lake Wall was really a good example of how that should
work on a smaller scale, isn't that right"?
Mr. Sutphin replied, "The second time around we got it righl".
Mr. Domenie stated, "As far as I know, those drawings were presented at the Annual
Meeting of the Foundation and they were an architects conception from a friend of the
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Chairman's" _ I think most of us felt it was too much and did not represent what Pelican Bay
meant to us. I felt it was very ostentatious. You can use $750,000, $650,000 or whatever you
want. I think this is just an indication that there may be plans, in conjunction with the Foundation,
to do something. I would say to use $750,000 if it is two years away.
Mr. Connell replied, "The number was intended as a talking point".
Mr. Sutphin stated, "I think that if there is a Capital Project that is a ways out that we
might want to identify and roughly dimension in terms of this cost, would be street lighting". I say
that because there have been numerous complaints about the lighting levels in Pelican Bay. We
are tapped out in terms of energy supply and in terms of adding more lights to the existing base.
The power capacity doesn't handle it. I think the lights are kind of ugly, but that is a personal
observation. It may well be something that rolls out as a basic infrastructure upgrade that would
be desired from an aesthetic standpoint, but also combine the emergence of more energy
efficient lighting technologies, which are getting better every year. It is a multi-million dollar
project and is not like replacing the entry markers. We had funded $10,000 for an initial study
and I don't know where that stands.
Mr. Petty stated, "We had the lighting engineer come and talk before the Board and he
basically said that the system we have is not amenable to easy conversion with higher wattage
lamps, or anything of that nature". Your first and best attempt would be to do some landscaping
changes. The problem on Pelican Bay Boulevard of appearing to go from lit areas to shadow
areas is probably due to landscape material that has just grown up in twenty-five years and has
blocked that light. The consideration is do you move the plants or do you move the light? Either
one is a very costly endeavor. Yes, the street lights are an item that is discussed very frequently
in Pelican Bay. Your current budget assumes cash; it does not assume a long term funding
source, so right now there is a very conservative Capital Projects Program. If you notice, the
current year of over $1,000,000 is the highest. Looking at Fiscal Years 2008 through 2010, we
have various items based on our perceptions today, but the $1,000,000 level is where we are
today. As you can tell by the cost of some of the items that we are considering, the costs of these
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November 15,2006
items are multi-million dollar considerations. As such, I think it is appropriate for the Budget
Committee to keep in mind a long term capital financing, if those projects are to be considered in
the future.
Mr. Connell asked, "Would it be worth getting an estimate in today's dollars, of what it
would take to do what it is that was just described, to change all of the fixtures and source"?
Mr. Petty stated, "That is the perception of the residents of Pelican". The lighting system
originally put into Pelican Bay failed. It was a special type of steel that was supposed to rust on
the outside and it kept on rusting. In the end they found out that it really wasn't Corten Steel@, it
was an "oops" in the formulation of the steel. Those poles were replaced with the current ones.
The luminaries have already been upgraded. I know in the single family area they were upped
and some people like them and some people don't. It depends on whether you like the privacy,
or you are concerned about what you are stepping over when you take a walk. I think a
consideration for the Budget Committee should be policy. You currently have assessments of
over $100.00 for Capital Projects and as you look down, you can see a Capital Project of
$600,000 and the resulting assessment is $92.00; that is what you should look at. Whether you
do this with line term financing where you have assessments that are fairly stable and you do ten
years worth of Capital Projects at one time. The issue of the Budget Committee is, what is the
funding level that the residents want us to do for Capital Projects; what is acceptable? Is it
$100.00 per unit per year, or is it $200.00 per unit per year?
Mr. Connell replied, "You need to determine the pain threshold".
Mr. Hoppensteadt asked, "Is it within the Service Division's ability to build a Reserve for
Replacement Fund"? If I look at the projected cost per unit from a strategic financing point, I am
used to seeing something that is flat and assumes a level funding and whatever is unused goes
for a Reserved for Replacement type of account. I don't know if that is something the Services
Division can build up or not.
Mr. Petty replied, "We can build, we can assess for an improvement that may take a few
years". We have talked about that in other budget meetings and the consensus was that for short
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term Capital Projects, five years or less, that type of funding was certainly worth consideration.
Anything past the five year term and you get into the trouble with the residents asking themselves
if they are going to be here in five years to receive the benefit. Typical residential ownership is
between five to seven years. In Pelican Bay I don't know what the actual number is, but asking
people to pay for five years is maybe asking past the time period they commit to living here and
you may have trouble getting the benefit to the people who paid for it. For that type of situation I
suggest you consider long term financing, with the resident who is living here now paying for that
benefit and if they move, then whoever buys their home pays for the benefit that they receive for
that project once they move in
Mr. Connell stated, "That is the nature of the community too". Guess there is no point
in attempting to move ahead at this point, or should we start setting money aside for a major
overhaul?
Mr. Petty relied, "What I would suggest to you is that for fufure years Capital Projects,
and subject to the Board consideration, you may want to consider them being closer to the
$1,000,000 figure so as not to give the impression that you expect that the assessment is going
down in time. Because of the age of your community, your Capital Projects are not going to go
down, but more likely will go up. You are currently assessing at approximately $115.00-$125.00
per unit, per year, that you would show in future years to be equal or higher, or otherwise, we
may be indicting something that we can't perform.
Mr. Sutphin stated, "I don't see anything wrong with having a line in there called
"Unidentified Community Improvements", to force the bottom line for whatever you think is
appropriate".
Mr. laizzo stated, "' would give that line item to Ms. Jean Smith to be included for us".
Mr. Connell stated, "We will do that".
Mr. Sutphin stated, "The reality is that there is no actual funding for anything beyond year
one". There is no funding in anticipation of doing anything, until you come to putting together a
budget.
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Mr. Domenie stated, "I don't know if I am putting the cart before the horse or nol". Don't
you think we should get a cost for redoing the lighting, which would also affect the landscaping?
For $25,000 couldn't we get a preliminary estimate to show to the Foundation for them to come
up with whether the people do or do not want it? At least we would have some idea of cost,
rather than do you want to make the improvement and then come up with a cost of $5,000,000
and they say no.
Mr. Petty stated, "With street lighting, there is a functional part of it and there is an
aesthetic part of it". There is abroad range of costs for the various fixtures, depending on what
you want. We have talked about some state-of-the-art lighting that we would hope to see over
the next five to six years. It would be difficult to get a price because of the wide range and
depending upon your choice.
Mr. laizzo asked, "Did the electrical engineer give us some direction or not"?
Mr. Petty replied, "He did".
Mr. laizzo asked, "Are we taking that direction"?
Mr. Petty replied, "No". The basic concern was going from what we perceived as lit
areas, to unlit areas, as you drive down Pelican Bay Boulevard. He took readings periodically
and did find zones where the light was not as bright as what it should be in the cone. The report
said the lights were functioning fine, that he felt the light cone was varying because of landscape
material that was blocking the light. We need to consider if the landscaping, which is part of the
improvements to the right-of-way, was such that we could move it economically. Then he talked
about moving the lights themselves. If you move the lights it becomes a major cost and now you
have created dead zones within the cones, because when they are placed they are designed for
overlap of the light cone. If you move them twenty feet you have really upset that overlap. You
have created real dead zones and not ones caused by landscaping.
Mr. laizzo asked, "Can't we provide these options to the general Board to make a
decision"?
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Mr. Boland stated, "I am new to this Committee, so I. am going to ask a question".
Looking at my tax bill the Ad valorem Taxes for Pelican Bay were approximately $56,000,000 that
gets paid by all of Pelican Bay for distribution. For example there is water management listed in
three different places. Where does that money go to? Where does that $56.000,000 acfually
go?
Mr. Petty stated, "The preceding Budget Committee worked on that same issue". We
went to the County and called it "Fair Share Revenue". We talked about how our Ad valorem
Taxes were going to the County and everyone knew that Pelican Bay is a donor community,
which means that the Ad valorem dollars are going to the County and very few come back. For
every dollar that goes in, we get possibly $.10 back, which means you are a donor community.
We are and we know that and there is not a whole lot to do about it because Ad valorem Taxes
are all about your social responsibility and not exactly getting dollar for dollar back in services.
We then talked about the overlay district that the County has, which says that everything that is
not within the municipal boundary pays a municipal tax for some municipal services that are
delivered sporadically to the County. The projects are going to very specific locations and again,
typically not Pelican Bay. In fum Pelican Bay is supposedly on somebody's chart, but it never
seems to get here. Then, you have our assessments. For every dollar we assess, that dollar is
spent right here. The past Chair of the Budget Committee had several talks with the County
about "Fair Share Revenue" and it is positive going, but very slow going. The present agreement
we have with the County is that they understand the request. We have currently asked them if
they would allow us to expedite services utilizing the County's Pelican Bay Services Division staff,
whenever the County's staff seems to be in a rut An example is the bicycle path. If they were
busy on asphalt paving outside of Marco and could not get to us until the end of the year, but the
work is funded, we would then get the contract and administration and we would give it to Mr.
Lukasz, for him to administer the bicycle path work for us. That way, Pelican Bay gets the
services quicker. It seems that our programs get carried over until the next year because they
could just not get to us in time. We waited a very long time for the bicycle path overlay, to the
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Budget Committee Meeting
November 15.2006
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point that by the time they did complete the first redo, we now hl\ve to redo them again because
the life expectancy has come and gone. We think that is a very positive step with the County, but
it is a first step and that "Fair Share Revenue" is still very much an idea. "goes to the heat of
your question, where is our money going?
Mr. Boland stated, "The money is going out of here, but none of it is coming back in".
ADJOURN
There being no business, the meeting adjourned at 4:05 P.M.
Coleman Connell, Chairman
518
1611 ,6
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AGENDA
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COLLIER COUNTY CONTRACTORS' LICENSING BOARD
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Hatas ~t. ,-~ J
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DATE: WEDNESDAY - FEBRUARY 21.2007
TIME: 9:00 A.M.
D
/Oul
W, HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
<>()r~o;r'j
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES T~AT Ti::STIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED,
I ROLL CALL
II ADDITIONS OR DELETIONS:
III, APPROVAL OF AGENDA:
IV, APPROVAL OF MINUTES:
DATE: January 17. 2007
V. DISCUSSION:
Memo: ParklnglMain Government Complex
VI. NEW BUSINESS:
Alison Josselyn - Review of experience for Fence license.
Robert P. Harris - Review of experience affidavits and credit report.
Brandy Jones (Western) - Requesllicense reinstated without retaking paving exams.
VII. OLD BUSINESS:
VIII PUBLIC HEARINGS:
CLB CASE# 2007-03
James V. Cusimano
D/B/A Cusimano Electric, Inc,
IX. REPORTS:
X NEXT MEETING DATE:
March 21, 2007
3101 E, Tamiami Trail
Naples, FL, 34104
/
V"
Henning :2/
Coyle _ 't..........
Coletta _, __ -------
Flaia
Halas
1611
"'-'\
Collier County Government
Communication & Contact: Sandra Arnold-Lawson
Customer Relations Department Public Information Coordinator
3301 East Tamiami Trail (239) 774-8308
Naples, FL 34112
November 22, 2006
FOR IMMEDIATE RELEASE
NOTICE OF MEETING & AGENDA
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB)
COLLIER COUNTY, FLORIDA
Thursday, November 30, 2006
6 P.M.
Collier County Governmeut Center
Administration Building F, Third Floor
3301 E. Tamiami Trail
Naples, FL 34112
*** *** * *** * ** * * ** * * * * * * * * * * * * * * ** * * * * * * * ** * * ** * * * *** * * * * ***
NOTICE
.* All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable.
*. For more information, please contact Colleen M. Greene at (239) 774-8400
.... If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380.
** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman.
** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the
Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and
Records Department.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** * * * * ** *** * * * ** ***
AGENDA
I. 6 P.M. Meeting Called to Order
II. Approval of Agenda
III. Adoption of Minutes From October 26, 2006 Meeting
IV. New Business
A. Review application for HAAB Membership
B. Regular December 2006 meeting is cancelled
V. Old Business
A. Review proposed Executive Summary and proposed changes to HAAB Ordinance
B. Review Cosme Perez proposal CRe: HAAB Ordinance)
VI. Public Comments Misc. Corres:
VII. Board Member Comments
VIII. Meeting Adjourns Date:
-End-
ltem#:
Copies to:
1611
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COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB)
Minutes of Thursday, November 30, 2006
HELD AT COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS,
THIRD FLOOR, ADMINISTRATION BUILDING F,
3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA
Present:
Raymond Cabral
Manuel Gonzalez
James A. Van Fleet
Renato Fernandez
Cosme Perez
David Correa
Ernesto Velasquez
Absent:
Also Present:
Ms. Colleen Greene, Assistant County Attorney
Paul Van V olkenburg - Public Speaker
Maria Cruz - Public Speaker
The November 30, 2006 Meeting of the Hispanic Affairs Advisory Board (HAAB) was
convened at 6:04 p.m.
The agenda was approved by a vote of 7-0 with Raymond Cabral making the motion and
Mr. Fernandez seconding it. The minutes from the October 26, 2006 HAAB Meeting were
reviewed. Motion to approve by Dr. VanFleet, second by Mr. Fernandez 7-0.
New Business
Review application for HAAB membership remember there re: two (2) vacancies even
with the new member, Mr. Velasquez.
Maria C. Mitchell's application for membership was reviewed.
David Correa - Maria is active in the Spanish Chamber of commerce.
Emesto Velasquez - There's really not enough information to make a judgment. Should
we invite her to the next meeting?
Manny Gonzalez - let's vote on whether to vote to approve Maria Mitchell based on the
information provided.
Cosme Perez - I have no objection. I think we should give her a chance.
16/1
D
u
Manny Gonzalez has met Maria Mitchell at the Chamber Meeting. Based on his
observations, she seems committed.
Motion to approve made by Ernest Velasquez, Cosme Perez 2nd, motion approved 8-2.
Opposed - Raymond Cabral and Renato Fernandez.
The December 2006 meeting is cancelled. The next meeting will be Thursday, January
25,2007.
Manny Gonzalez announced that he will be teaching about Domestic Terrorism at the
International College.
Old Business
A. Review proposed Executive Summary and proposed Ordinance as approved
at October 2006 meeting.
B. Review Cosme Perez's proposal regarding seminars for the Hispanic
Community. There are grants and money available to help HAAB outside
of the BCC. We want to open channels of communication and do something
about it. I want to work on jobs program and have HAAB conduct
workshops to make this work. We'll call community leaders, etc. From the
School Board, and get their cooperation. We want to get everyone involved
and help other minorities too.
Ernesto Velasquez - thinks Cosme Perez has a great idea.
David Correa - Board Member for 12 years. In the past we discussed job training and
orientations with the BCe. We've tried this in the past. The problem is there is vo-tech training.
Also, it's hard to get people to attend. There are evening classes already provided.
Ray Cabral asked what age group are we considering?
Cosme Perez - Everyone! Places people can go with confidence. We need to have
people - social workers in the offices - and people available to train them. We can help people-
ask them to learn English - and then train them for jobs. Get people technically prepared for
jobs. Not everyone is willing to go to County Human Resources to look for jobs.
We can create "units" to help people get trained and get jobs.
Renato Fernandez asked what specific plans do you have?
Cosme Perez - First get HAAB approval and support. Then call a workshop and invite
the community. Call Mr. Labrador to get more people involved.
2
1611
I....
ti
Manny Gonzalez said the idea has some merit, but it~'S" ishful thinking." We still il\G-
haven't identified any community leaders. Hispanics need to~ . . heir own training ~~.
What role will HAAB play with the Human Resources Department? e applicant needs to go
directly to Human Resources. Leaders are invited to HAAB meetings monthly. Not really a task
for HAAB. This training program sounds more appropriate for an outside agency. It is beyond
the scope of HAAB's responsibilities. It's up to the Hispanics to take advantage of what's out
there.
1 st job - learn English.
2nd _ prepare themselves for ajob. Also Manny Gonzales asked, who is actually going to
do all of this work? Who will pay for it? 1 encourage you to go for it - maybe something like
what Ernie Labrador has done. The HAAB might be able to help to collect and provide names of
agencies.
Ernest Velasquez said we may be missing the main point of Cosme's proposal. We have
to provide opportunities to our constituents to attend meetings, propose issues. We need
something to talk about and something to report to BCC.
David Correa reminded that we are appointed by the BCC. We are limited as to what
issues we can address. We advise the BCC. We can't even really advise the CCSO. We are not
able to do policy - it's not part of our policy. We can bring issues to the BCC's attention.
Cosme Perez - We have a difference of opinion re: Ordinance.
Manny Gonzalez - read Ordinance 97 into record.
Sec. 2-932. Functions, powers and duties.
The functions, powers and duties of the Hispanic affairs advisory board shall be
as follows:
(1). The board shall identify and evaluate problems
unique to the Hispanic community.
(2). The board shall review and recommend ways to
ensure open communication between minorities and
the county government to help promote and foster
better understanding by the county of the problems
facing the minority population.
(3). The board shall provide periodic reports directly to
the board of county commissioners for review.
(4). The board may and is encouraged to have joint
meetings with the Black affairs advisory board when
3
1611 B
deemed necessary to evaluate problems common to
both the Hispanic and Black communities.
COrd. No. 91-37, 97)
Cosme Perez - This is not about illegal immigrants. This is about Hispanic Community.
Manny Gonzalez - who do you want to target with this plan? What is our direction?
The Board discussed the various groups and agencies available to help the Hispanic
Community.
Dr. VanFleet has concerns re: individuals without upward mobility is very serious. Your
approach is like "putting the cart before the horse." We should first find out about current
programs. You should visit CCSO and Edison College and see what programs are available.
Suggest visiting Ave Maria and find out what their plans are. Look at Catholic Charities and St.
Matthews House.
Dr. Vanfleet said employment is not the principle concern of Hispanic community.
Unemployment in Collier Counties less than 3%. "There are lies and statistics." People are
employed in dead end jobs. Remember the wealthy Cubans who came to the US 45 years ago.
They left wealth and professions behind.
Cosme Perez - Cubans came with zero but had good backgrounds. Big problem was the
language. The problem is the agencies don't know where to send the people. Let's tell the
agencies they can communicate to the County through us.
Cosme Perez wants to share his HAAB proposals with the outside groups/agencies.
Manny Gonzalez - The Lutheran Church is also a resource. I suggest Cosme and Ernesto
Velasquez work on the list of information. We'll see what we can do to get list printed and
suggested "lets move on."
Cosme Perez protested Mr. Gonzalez shelving the issue and asked that his protect be "on
the record."
There was no motion made by any member.
Public Comments
Paul VanVolkenburg - provided copies of the Non-discrimination Coalition Executive
Summary and copies of the brochure. The HAAB can still help with the Ordinance through
awareness. I am not here on behalf of the coalition.
Maria Cruz - Owns a permitting business and worked at Code Enforcement for over 15
years. Here to leam what HAAB can do for Hispanic community. Hispanic community needs a
4
1611 B
lot of guidance and orientation. Sees importance of Cosme's idea. The Hispanic community
needs to know where to go. With all due respect Mr. Chairman, not all of us are illegal.
Manny Gonzalez - Tell me which Hispanics need guidance. Which groups are you
concerned about? There are many professional Hispanics from many countries, .i<e' Colombia,
\Itfu-""\J~J ~<:-l\a~ Nq:c~V\(:~' 4"4
Maria Cruz - Many Hispanics don't have education. 90% of my clients are Hispanic.
Dispute over which Hispanics have education.
Cosme Perez - Demands that this board not accept Manny's comments about different
citizenship. "I don't want to accuse our chairperson of discrimination."
At 7:19 p.m" David Correa moved meeting to be adjourned, and Cosme Perez seconded
his motion. The motion passed 7-0.
Prepared by Odalys Valdes, Legal Secretary, County Attorney's Office.
Approved by the Hispanic Affairs Advisory Board on this 2!:'~ day of
::)(l\(\U.~'^f ,2007.
'-f:.~~
HAAB hairman
Attachments:
1. January 25, 2007 Agenda
2. Maria C. Mitchell Application
3. Amended HAAB Ordinance
4. Collier County Non-Discrimination Coalition
5. Memo from Cosme Perez dated October 27,2006
04-COA-OI1361354
5
1611
D
b
MEMORANDUM
DATE:
October 27, 2006
TO:
Colleen Greene, Assistant co~mey
Sue Filson, Executive Manager I
Board of County Commission I
FROM:
RE:
Hispanic Affairs Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. 1 have attached the applications received for your review as follows:
Maria C. Mitchell
855 Ketch Drive, #105
Naples, FL 34103
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and 1 will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the .ppliCllllts in areu of expertile. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
l.el07 8
.
.
f1lson_s
From: advisoryboards@colliergov.net
Sent: Tuesday, October 10, 2006 2:02 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~"tY
Board of County Commissioners
3301 Eat T.mlaml T...n
IUpIee, FL 34112
Tel: (238) 774-3802
Fa: (231) 774-3802
.&...t~' ..1
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October 10, 2006
Application for Advisory Committees I Boards
Name: Maria C Mitchell Home Phone: 239-263-4280
Home Address: 855 Ketch Drive #105
City: Naples Zip Code: 34103
Fax Number: 239-262-6306 Buslne.. Phone: 239-261-1177
Emall Addre..:maria@preferreclnaples.com
Place of Employment: Preferred Travel of Naples, Inc.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter In Collier County? Yes
Board I Committee Applied for: Hispanic Affairs Advisory
Committee
Category: (if applicable) No infonnation provided,
Do you currently hold public office? No
.
Do you now serve, or have you served on a No
Collier County board or committee?
10/10/2006
1'2.r1 B
P..... list your community activities:
SW Florida Hispanic Chamber of Commerce
.
Education:
Naples High School 1968-1972 Attended Edison
Community College
Experience I Background:
Banking - Travel Consultant-
.
.
10/1012006
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i) 16 f 1
8
To: Clerk to the Board: Please place the following as a:
III Norrna11egal Advertisement 0 Other:
(Display Adv., location, etc.)
**********************************************************************************************************
Originating Dept/ Div: County Attorneys Office
Person: Colleen M. Greene, Esq.
Date: January II, 2007
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before III BCC
BZA
Other
~
Requested Hearing date: (Based on advertisement appearing 1-0. days before hearing. February 13, 2007
/0
Newspaper(s) to be used: (Complete only ifimporlant):
III Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY
ORD.IJ'!!ANCE NO. 91-37, AS AMENDED, ALSO KNOWN AS THE mSPANIC AF.:FAlRS ADVISORY BOARD AND
CODIF1ED AS CHAPTER 2, ARTICLE VIII, DIVISION 7, IN THE CODE OF LAWS AND ORDINANCES, BY
AMENDING SECTION SEVEN, FUNCTIONS POWERS AND DUTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION ON THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes III No If Yes, what account should be charged for advertising costs:
Reviewed by:
~
Date
Division Administrato or Desi nee
List Attachments:
Ordinance No. 2007 -
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head appro vat before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
04-COA-Ol1361346
1611
B
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE HISPANIC AFFAIRS ADVISORY
BOARD'S PROPOSED AMENDMENT TO THE HAAB ORDINANCE NO. 91-37, AS
AMENDED, AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 7, IN THE
CODE OF LAWS AND ORDINANCES, AMENDING SECTION 7, FUNCTIONS
POWERS AND DUTIES, TO CLARIFY THE HAAB'S GOALS AND OBJECTIVES,
AND PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: For the Board of County Commissioners to approve the Hispanic Affairs
Advisory Board's (HAAB) proposed amendment to the HAAB Ordinance. Clearer language
in the Ordinance will assure the Board's ability to interact with other Committees and
governmental entities in studying issues that impact the Hispanic Community. The proposed
amendment is attached.
CONSIDERATIONS: The HAAB Ordinance was enacted in 1991, and there have been
significant changes in Collier County and its Hispanic community since 1991. As such, the
HAAB has reviewed its enabling ordinance and recommends a slight revision for clarity and
to more clearly reflect the HAAB'S goals and objectives, For example, HAAB recommends
that rather than limiting its review to problems "unique" to the Hispanic community, that the
HAAB review problems "within" the community as other groups are experiencing similar
problems and concerns.
The HAAB will continue to work closely with the Board of County Commissioners and
provide periodic reports to the Board of County Commissioners on issues of concern to the
Hispanic community.
Consistent with Board direction, the Office of the County Attorney has advertised the
Amendment to Ordinance 91-37 and now requests Board consideration of the Ordinance
attached to this Executive Summary,
FISCAL IMPACT: There will be no fiscal impact to the County with this report.
GROWTH MANAGEMENT IMPACT: There is no growth management impact expected
with this report.
RECOMMENDATION: The HAAB recommends that the Board of County Commissioners
approve the HAAB's proposed amendment to HAAB Ordinance No. 91-37, as amended,
Attachment: Proposed Ordinance Amendment
PREPARED BY: Colleen M, Greene
Assistant County Attorney
16 11 B
ORDINANCE NO. 2007-_
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 91-37, AS AMENDED, ALSO KNOWN AS
THE HISPANIC AFFAIRS ADVISORY BOARD ORDINANCE
AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 7,
IN THE CODE OF LAWS AND ORDINANCES, BY AMENDING
SECTION SEVEN, FUNCTIONS POWERS AND DUTIES;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION ON THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 9, 2007, the Board of County Commissioners approved
revisions to the Hispanic Affairs Advisory Board Ordinance,
WHEREAS, the Board of County Commissioners of Collier County, Florida
established the Hispanic Affairs Advisory Board through Ordinance 91-37, as amended,
WHEREAS, the Hispanic Affairs Advisory Board has reviewed its Ordinance and
recommends an amendment to assure the HAAB's ability to interact with other
committees and governmental entities in studying issues that impact the Hispanic
Community,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER CONTY, FLORIDA, that:
SECTION ONE: Amendment to Section Seven of Ordinance 91-37, as amended,
The Board of County Commissioners hereby amends Section Seven of Collier County
Ordinance No. 91-37, as amended, as follows:
SECTION SEVEN. Functions, powers and duties.
The functions, powers and duties of the Hispanic affairs advisory board
shall be as follows:
1. The board shall identify and evaluate problems \HlIlllle wi thin the
Hispanic community~
2, The board shall reVIew and recommend ways to ensure open
communication between minorities the Hispanic communitv and the
county govemment
3. The board shall provide periodic reports directly to the board of county
commissioners for review.
4. The board may and is encclllFllged to have joint meetings with the
Black affairs advisory Board other advisorv boards when deemed
necessary to evaluate proBlems concerns and/or issues common to both the
Hispanic and Black cOffiffilHlities boards.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity ofthe remaining portion.
Words Underlined are added; Words Struck Through are deleted.
1611 B
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this day of ,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:
JIM COLETTA, Chairman
Deputy Clerk
Approved as to form and
legal sufficiency:
(1~CO(JfltLtn ~
COLLEEN M. GREENE
Assistant County Attorney
2
Words Underlined are added; Words Strucl( Threugh are deleted.
1611 B
ORDINANCE NO. 2006-_
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 91-37, AS AMENDED, BY AMENDING
SECTION SEVEN, FUNCTIONS POWERS AND DUTIES;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION ON THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on
, the Board of County Commissioners
approved revisions to the Hispanic Affairs Advisory Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER CONTY, FLORIDA, that:
SECTION ONE: Amendment to Section Seven of Ordinance 91-37, as amended.
The Board of County Commissioners hereby amends Section Seven of Collier County
Ordinance No. 91-37, as amended, as follows:
SECTION SEVEN. Functions, powers and duties.
The functions, powers and duties of the Hispanic affairs advis~p{aM
shall be as follows: ~
1. The board shall identify and evaluate problems ~he Hispanic
community~ in i::; entirely.
-2. The board shall review and recommend ways to ensure open
communication between miRorities the Hispanic community and the
county government~ to help promolC und !'l\;lcr betler lInder:;tanding by the
COURt)' 01' :he problem:; rucin;; the minority poplllulioA.
-3. The board shall provide periodic reports directly to the board of
county commissioners for review.
-----4. The board may aRd is eRcouraged to have joint meetings with tile
Black affaim advisory Beard other advisory boards when deemed
necessary to evaluate preBlems concerns and/or issues common to both tile
Hisl"aRk aRd Black commuRities boards.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
Words Underlined are added; Words Strucl( Through are deleted.
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SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this day of , 2006.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
Deputy Clerk
By:
FRANK A. HALAS, Chairman
By:
Approved as to form and
legal sufficiency:
COLLEEN M. GREENE
Assistant County Attorney
2
Words Underlined are added; Words Struck Througt-l are deleted.
EXECUTIVE SUMMARY
NNF6~
,
RECOMMENDATION TO APPROVE AN AMENDMENT TO THE HISPANIC AFFAIRS
ADVISORY BOARD ORDINANCE NO. 91-37, AND CODIFIED AS __m IN THE CODE
OF LAWS AND ORDINANCES, AMENDING SECTION 7, FUNCTIONS POWERS AND
DUTIES, TO CLARIFY THE HAAB'S GOALS AND OBJECTIVES, AND PROVIDING
AN EFFECTIVE DATE.
OBJECTIVE: For the Board of County Commissioners to approve an amendment to the
Hispanic Affairs Advisory Board (HAAB) Ordinance for clarity and to more clearly reflect the
HAAB'S goals and objectives.
CONSIDERATIONS: The HAAB Ordinance was enacted in 1991, and there have been
significant changes in Collier County and its Hispanic community since 1991. As such, the
HAAB has reviewed its enabling ordinance and recommends a slight revision for clarity and
to more clearly reflect the HAAB'S goals and objectives. For example, HAAB recommends
that rather than limiting its review to problems "unique" to the Hispanic community, that the
HAAB review problems of "principal concern" as other groups are experiencing similar
problems and concerns.
The HAAB will continue to work closely with the Board of County Commissioners and
provide periodic reports to the Board of County Commissioners on issues of concern to the
Hispanic community.
fiSCAL IMPACT: There will be no fiscal impact to the County with this report.
GROwm MANAGEMENT IMPACT: There is no growth management impact expected
with this report.
RECOMMENDATION: The HAAB recommends that the Board of County Commissioners
approve the proposed amendment to HAAB Ordinance No. 91-37, as amended.
Attachment: Proposed Ordinance Amendment
PREPARED BY: Colleen M. Greene
Assistant County Attorney
1611 f;
COLLIER COUNTY NON-DI S CRIMINA TION COALITION
Human Rights Ordinance Executive Summarv
The Collier County Non-Discrimination Coalition ("Coalition") seeks to have a human rights
ordinance passed in Collier County. If this ordinance is enacted, Collier County will be required
to protect and safeguard the right and opportunity of all persons to be free from discrimination,
including discrimination based on age, race, color, creed, religion, national origin, ancestry,
disability, familial status, veterans status, marital status, sex, gender identity or expression,
sexual orientation, or physical characteristic.
The Human Rights Ordinance that has been written by the Coalition and that will be presented to
the Collier County Commission ("Commission") provides for investigations, enforcement, and
community education to ensure that the people of Collier County have equal access to
employment, housing, public accommodations, and education.
In the area of employment, the proposed ordinance prohibits acts of discrimination such as
refusing to hire or firing an individual, and providing different compensation and employment
terms based on the characteristics enumerated above. It also prohibits acts of discrimination in
the area of housing and real estate such as impeding or discouraging any real estate transaction,
printing discriminatory real estate advertisements, and treating tenants unequally. One exception
is that property owners may limit occupancy on the basis of an individual's income, age, or
disability status, in accordance with federal or state law.
In addition, the proposed ordinance prohibits business establishments and places of public
accommodation from committing such discriminatory acts as denying any individual the full
enjoyment of their goods, services, facilities, and privileges based on the enumerated
characteristics. It is not unlawful, however, for an employer to select or reject an applicant based
on bona fide occupational qualifications, or for a religious institution to select or reject an
applicant for a non-secular position on the basis of hislher conformance with the institution's
religious principles.
Finally, the proposed ordinance prohibits discriminatory practices in the area of education such
as denying or restricting the use of, or access to, any educational facilities, services, or programs
to an individual who is otherwise qualified. However, this ordinance does not prohibit
educational institutions from limiting attendance based upon reasonable educational objectives
(so long as it does not violate federal or state law), or prohibit religious institutions from
admitting students based on their religious affiliation.
This proposed ordinance binds Collier County, including its contractors, to the same extent as
private individuals or entities. The ordinance also makes it unlawful to coerce or retaliate
against, directly or indirectly, any individual who has exercised hislher rights under this
ordinance, aided another in exercising their rights under this ordinance, or opposed any practice
prohibited by this ordinance. It will also be unlawful to force, or attempt to force, directly or
indirectly, any individual not to comply with this ordinance.
16 11 8
The proposed ordinance sets out various exceptions to its provisions. For example, a practice
that has a discriminatory effect, and would otherwise be prohibited by this ordinance, will not be
considered unlawful if the practice was not intentionally devised to violate this ordinance, and if
there was no less discriminatory way of achieving the business purpose. In addition,
promotional activities directed at certain protected groups, such as senior citizen discounts, are
not prohibited, nor are affirmative action plans and bona fide seniority or benefit systems.
The proposed ordinance creates a Human Relations Council ("Council") to provide a public
forum for discussion about discrimination, address citizen complaints, make recommendations,
and educate on matters affecting human rights and civil rights issues in Collier County. The
Council will consist of 15 members who will be broadly representative of the County's
population. The ordinance states in detail how the Council will function procedurally.
The ordinance lays out the specific powers and duties of the Council, such as:
. Cooperating with federal and state authorities, and collaborating with various community
groups and agencies;
. Holding public meetings, making recommendations, and promoting programs and
services about the problems of discrimination and intolerance;
. Ensuring that responses to acts of discrimination are meaningful and consistent;
. Performing demographic surveys ofthe County's population, and developing ways to
measure and monitor community relations, race relations, and civil rights issues;
. Encouraging government agencies within Collier County to review their policies and
practices in accordance with this ordinance;
. Reviewing local ordinances and responses to hate crimes, and making recommendations
for strengthening such efforts;
. Encouraging law enforcement agencies to develop ties with schools, business, and
community organizations in order to carry out the provisions of this ordinance;
. Handling all aspects of complaints filed under this ordinance, including, but not limited
to, investigations, examinations, and hearings; and
. Issuing reports to the County Commission and incorporated county municipalities that
include, at a minimum, recommendations regarding further legislation to aid in carrying
out the purposes of this ordinance and the number and types of complaints received.
In addition, the proposed ordinance outlines in detail how the Council will handle complaints or
claims of discrimination, as well as the various forms of remedial action that will be required of
individuals or entities that have engaged in discriminatory practices. The ordinance also explains
the procedure for appealing an order of the Council, and further states that this law will not limit
the right of individuals to seek other remedies at law.
For complete information about the proposed Human Rights Ordinance, please see the full text.
2
r~rl31f USCo
To : Manny Gonzalez, Chairman, Hispanic Affairs Advisory Board for the Collier
County Commission
Cc : Hispanic Affairs Advisory Board Members
From : Cosme E. Perez, Member of the Board
Subject: Job training and orientation seminars for Hispanics in Collier County
Date : October 27, 2006
While the recommendations made by the HAAB during the October 26, 2006 meeting
and submitted to the County Commission for approval over the Ordinance in which the
functions, powers and duties are defined, I move that we go ahead with our
responsibilities, knowing that any action taken by the HAAB will not contradict the
current or new Ordinance.
One way to open the channel of communication between the county government and the
Hispanic community is by creating a plan in which the leaders representing different
groups get together with the county agencies heads and figure out ways to implement, for
instance, how Hispanics could be trained for jobs and get placements.
I am sure that if those leaders are given the opportunities to offer their followers jobs and
training, they would look for volunteers to serve as liaison to support an office where
initial contacts are made with prospects, but this office should be mainly sponsored by
county government funds (that may be already available).
If we agree on working this plan, we can start by locating those groups and have them
come to our next meeting so that the HAAB get feedbacks from this presentation (A
Power Point Presentation) as the first step.
The second step is helping the leaders prepare their presentation to the county
government agencies (Human Resources in this case); and in the second meeting we may
have the project ready. We, the HAAB, then can present the project to the County
Commission with our recommendations.
This could be considered as a pilot plan that can be cloned for most other issues with the
Hispanic community and maybe for other minorities as well.
My concrete proposition is that we accept this pilot plan and assign tasks to contact
Hispanic groups and leaders in Collier County to invite them to our next meeting with the
purpose of working on a project to train and get jobs for every citizen in Collier County
needing orientation and training, especially Hispanics.
Thank you for considering this matter.
NOJ, 30 I ZOOCo
~ f'rea-
HISPANICS FIND JOBS EVERYWHERE IN COLLIER COUNTY,
EXCEPT WITH THE BIGGER EMPLOYER: THE COLLIER
COUNTY HUMAN RESOURCES.
INTRODUCTION
As part of the task to thoroughly research and investigate the reasons why Hispanics are
not playing an important part in the everyday life of this Collier County, the Hispanic
Affairs Advisory Board (HAAB) for the County Commission has, for this purpose,
requested that members of the board volunteer to spearhead and to successfully integrate
Hispanics into Collier County government workplace.
Before having an interesting and illustrative interview with Ms. Jean Merritt, chief of
Human Resources for the Collier County, we did some homework in Miami-Dade, not to
compare the way these two counties handle their job placement problems with minorities,
but to find out why Americans left Miami-Dade County to the Hispanics (mainly
Cubans).
We have to admit that the history of Miami-Dade is different than any other county in
Florida as well as any State of the Union. The Cuban exiles that came to this country 45
years ago were people with good education and wealth. Their mature population initiated
businesses immediately, while their youth pursued an education and soon became
prominent figures in the community.
Our HAAB is now in a position to make history in this county, like it has never been seen
in the United States. OUf proposition is the HAAB members take conscience of the fact
that Hispanics now living in this county are not prepared to make the "crossover" that
individually many of us have made. The opportunity at hand is to present a plan to the
County Commission in which the Hispanics be integrated smoothly into the system
without loosing the precious and enriching cultural assets we bring to this land. To offer
our friends and neighbors who are natives of this land or who came from other parts of
the world our language, our music, our spirit and finally, our labor and professional skills
for the benefit of all.
1611 '8
-Cosme Perez, June 15,2005
CHAPTER I
COLLIER COUNTY BRIEF PERSPECTIVE OF HISPANICS
From 1923, when this county was founded to date, there has not been one single elected
official of Hispanic descend in Collier County. There aren't any Hispanic holding
executive positions in this county either. Nevertheless there are many Hispanics holding
important positions in the business community within Collier County. Maybe this is
because the majority of Hispanic immigrants didn't come from Cuba four decades ago.
They may have come to this area even earlier than that, but, they came to work in the
farm and service industry; without a formal education and no means. Their children did
not complete their education due to their family economic and cultural condition; many
of them were merely providers for the household. Luckily, these kids never took the
route that youth in other cities around the country took: drugs, gang, crime, etc.
CHAPTER II
HISPANIC POPULATION GROWS AT INCREASING SPEED
The first time we visited Collier County in 1971 was just a resting point on our way to
Miami. That stay lasted a couple of hours, during which we "discovered" the beautiful
beaches, a clean and neat town, and a chance to have lunch facing a marina at Tin City.
It was a fine experience. We did not come across any Hispanic individual then. The only
Hispanic we met was in Rotonda, Port Charlotte. His name was Tony Orlando, who
introduced us to Ed McMahon and convinced us to purchase lots in a new project being
developed by Cavanah Communites. We fell in love with the area. We purchased a lot
at Rotonda and started making plans to move down from New York.
It was not until 1979 that we moved from New York to Miami and purchase a house
there. We came to visit the lot at Rotonda once a year, during which visits, we ended up
buying more properties. We always passed through Collier County every time we came
to see our property and again, the Hispanic population, to us, was null.
Soon after moving to Miami, we received a letter from two aunts in California, they had
enclosed a letter they had received advising them to go to Collier County to claim a
16 11 B
couple of hundred dollars per lot, three or four, five-acre lots they had purchased around
the same time that I purchased at Rotonda. At that time we came to Naples and learned
those lots were declared "National Preserved Areas" by the Federal Government. The
lots were located West of State Route 29 and South of Alligator Ally (now 1-75). We
told our aunts the story and they decided to keep the documents for future claim. But the
good part of this is that we stayed in a hotel and took the trip as a mini vacation. Then we
met tourist in the beach, fishermen, waiters and waitresses in restaurants, gardeners on
the streets and even store owners that spoke Spanish.
We don't know about what the statistics were in reference to the Hispanic population in
Collier. When a friend of the family moved to Naples from Jersey, we decided to start
looking for property there as well. By coming regularly at least once every two months,
we began to note the increase in Hispanic population and businesses. We finally moved
in 2002 and since then the Hispanics have come in record numbers from every where:
Miami, New York, Chicago, Massachusetts, California, Texas and North, Central and
South America. Europeans are now discovering Naples too!
I believe if the county conduct a census now, the Hispanics might be close to, if not
exceeding, the majority. Potentially, the Hispanic population in Collier County will be
the voting majority within the next five to ten years.
CHAPTER III
THE COUNTY GOVERNMENT IS NOT PREPARED.
FEAR OF THE MIAMI EXPERIENCE
This is not going to be another Miami. We remember, back in the eighties, when we saw
bumper stickers that read: "THE LAST AMERICAN LEAVING MIAMI, PLEASE
BRING THE FLAG" on cars full of personal belongings heading north.
As we have stated before, we don't think that will be the case for Naples or the County.
That is why instead of isolation between cultures, we should strive to have a
compromising effort to integrate the different cultures and obtain the best out of them to
make the finest citizens in our country. Preparedness includes getting involved in
activities of the other ethnic communities; it's to learn their languages, their customs and
16 11 B
to share with them the history of your country. Ignoring each other and being hypocrite
when forced to deal with "them" is not the solution.
The United States of America will not suffer because new immigrants are coming to
"destroy" our way oflife...Our way of life will improve and enrich with the assimilation
of new cultures, customs and ideas. That is the point of view that we believe the
Hispanic Affairs Advisory Board must present to the County Commission.
CHAPTER IV
THE HISPANIC COMPOSITION
We have knowledge of about seven religious congregations that gathers from 100 to 400
followers every Saturday and every Sunday during their ceremonies. They are Hispanics
that attend Catholic, Christian, Methodist and Jehovah Witness kingdoms and churches.
These could be the first instance to look for Hispanics toward integration into the
community. Other gathering places are restaurants, dancing (banquet) halls, music
concerts and schools. Anyone can notice the behavior of the Hispanics living in this
County. They are respectful, hard working, they come from over twenty different
countries and unlike in other big cities, they are not banding together by nationalities.
They are bonding together, waiting for leadership to move them forward to an integration
with dignity and fairness. The Hispanic community in Naples, Golden Gate City, and
North Naples, Immokalee, Golden Gate Estates and the rest of the county are proud to
live in this area. During the past 5 years, especially after the terrorist attacks of
September II, 200 I, more and more professionals and business entrepreneurs, have come
to the Southwest Florida Coast to settle. The only barrier they now have to move up to
be socially integrated is the language. Some will make the "cross over" leaving the
community behind, a very small, but significant percentage.
There are about 10 publications; at least two radio stations and one TV programming in
Spanish for this area. They are making sure our presence is felt. What rests is that they
join this effort and use those tools in benefits ofthe best purposes for the Hispanics.
16i 1 B
CHAPTER V
IF LANGUAGE IS A HANDICAP, THEN IT IS ETHICAL TO HIRE HISPANICS
One of the booklets that county employees have to read is the "Code of Ethics"
disseminated by the Human Resources of Collier County. In one of the paragraph it is
mention the fact that no officer or employees should discriminate an applicant or another
employee or officer on the count ofrace, national origin, sex, color, etc., etc, or any other
human handicap. We understand that a human being who does not speak English should
be treated as having a handicap similar to a deft-mute person. If there should be help and
assistance to people with handicap, senior citizens, single mothers, and others, there
should also be help and assistance to Hispanics (and other ethnic groups) who do not
speak English.
CHAPTER VI
POSTING JOBS AND APPLICATIONS IN SPANISH
How can Collier County help residents whose handicap is not speaking English?
First: Posting jobs and applications in Spanish.
Second: Creating training courses in Spanish combined with English, especially for jobs
that request very little communication skills, including nurses aide, public works,
gardeners, security guards and other services.
Third: Using the Hispanic media, that will insert any public service announcement for
free.
Fourth: Sending job announcements and job training programs to Hispanic groups
(churches, clubs, associations, chambers of commerce)
Fifth: Having a dedicated telephone line for Hispanics and maybe even a web page in
the internet.
None of the above mentioned actions will affect the County's economy; it will help the
community integration of the work force and the Hispanics that now holds odd jobs,
professions sometimes invisible to our economy.
CHAPTER VII
USING THE HISPANIC MEDIA FOR JOB POSTING AND TRAINING
We have mentioned the use of the Hispanic media in the last chapter. This is more
complicated than what it seems. When something is advertised, preparedness of the
promoter is needed in order to be ready for the unexpected response of its targeted
1611 B
audience. We suggest then to use the media while implementing immediately
mechanisms to handle the possible storm of applicants that the media may produce.
Hispanic newspapers, magazines, newsletters, TV programs, radio broadcasting
programs, and even commercial marriage-mail and catalogs will do this advertising for
free for their community.
CHAPTER VIII
AVAILABLE JOB TRAINING
How can Collier County, with little experience in training Hispanics, go about
implementing programs fast and successfully?
a) Paying tuition
a. Qualifying individuals for training and helping them pay tuitions and
obtaining grants.
b) Free
a. Sponsoring civic institutions, clubs and associations conduct free
classes, seminars, workshops and conferences.
c) Paid training
a. On the job training for unskilled workers.
d) Work-study programs
a. For the young Hispanics (teenagers), so they can obtain an equivalent
to high school diploma, while helping support their families.
CHAPTER IX
JOBS FOR THE PROFESSIONAL HISPANICS
Please permit us to reproduce the following, extracted from the web page of the Urban
League of Greater Miami:
"Training is a crucial element in preparing the next generation of Latino leaders.
Offering a comprehensive training curricula, USHLI focuses on the following eight (8)
components.
(I) "Students for an Educated Democracv" (Proiect SED}- a classroom-based civic
education program for high school students in grades 9-12. This program features
classroom instruction by social studies teachers utilizing USHLI materials including
a teacher's manual, bilingual instructional booklets, learning exercises, issues and
candidate research, and mock elections. The program has served over 125,000
students with 20,000-30,000 more participants expected annually. For more
information in how your school can participate in Project SED please contact the
national office.
1611 B
(2) "S.A.L.S.A." - a national network of student organizations on college/university
campuses. The Strategic Alliance of Latino Student Associations, known as
SALSA, will serve to host 10,000-20,000 junior and senior high school participants
in National Latino Student Career Day activities, designed to assist students in
completing high school and preparing them for higher education. Future plans call
for the SALSA network to enable students to participate in our National Latino
Leaders Seminar Series, a monthly Web-cast presentation on current issues of public
policy and in our National Ethnic-Racial Dialogue Series, a quarterly Web-cast
presentation on issues like race, diversity, and inter-group collaboration.
(3) "Leadershiv and Educational Poliev Sludies"(LEPS) - a six-week program
designed to create a cadre of students in grades 9-12 with advanced skills in
professional and personal development and a working knowledge of organizing
strategies. Components include leadership development, educational policy studies,
mentoring, and evaluation.
(4) "21" Century Leaders Internship Program" - a paid 10-week summer internship
program to enable college students to develop more effective community organizing
and leadership skills. Students are mentored by an elected official or director of a
community based organization. The qualitative goal is to provide the student the
opportunity to experience first-hand and better understand the dynamics of social
change. The quantitative goal is for each intern to register 500 new voters. Over
160 interns have earned a total of over $375,000 to date toward their college
education.
(5) "The Institute for Public Policy Studies" - a 12-week seminar course for young
Hispanic professionals interested in learning how to influence, formulate and implement
public policy. This program is designed to prepare individuals interested in serving on
policy-making and/or policy-advisory boards and commissions. Training is conducted by
university faculty, individuals in public policy positions, and community advocates
impacting public policy. The program is offered locally upon request.
(6) "Grassmots Leadershiv Develovment" (GLDP) - a nine-week, interactive, bilateral
training program focusing on city, county, and school government. Grassroots
community leaders and public officials meet weekly for three hours, for a total of 27
hours. Public officials train grassroots leaders on how government works and how
residents can make it work more effectively. Grassroots leaders train public officials
on the needs of the community and how the community can be better served.
(7) "Colle~iate Leadership Develovment"(CLDP) - a six-week, interactive, bilateral
training program for Latino student leaders and university administrators. The
program is designed to improve student leadership skills by enabling students to
discuss university policies with administrators. Policies could include the outreach,
recruitment, and retention of Latino students, faculty, staff and administrators;
involvement in student government; financial aid; and university support for Latino
student organizations. The program also benefits administrators by providing them
1611 B
the opportunity to engage students in constructive dialogue on how their educational
experience can be enriched.
(8) "Candidate Trainim! and Cam/Jai$m Manuilement Schoof' - a 21-hour seminar
course to train prospective candidates on running for office and volunteers on how to
manage an election campaign. The curriculum includes research, selecting a
campaign committee, effective fundraising skills, media utilization techniques,
identifying winning issues, etc. The training also includes formulating winning
campaign strategies, volunteer recruitment, polling, targeting voters, press
communications, etc." (End of insert)
We have included this insert in this work for information and to complement the great job
Mr. Van Fleets has prepared on the issue about the school system.
CHAPTER XI
ELECTED AND DESIGNATED OFFICIALS
Alienation is another problem for our Hispanic community in Collier County: voting.
I salute the great efforts the Elections Committee of Collier County is making in having
much of their brochures and literature in Spanish. Again, I suggest that chapters VI and
VII should be applied in this case to help the Hispanic come and register to vote. The
following, again, is a study conducted by the Urban League. Let's see what it throws:
"There are nearly 80 congressional districts in which 100,000-300,000 Latinos reside,
and nearly 1,000 state representative and senate districts in which Latinos comprise 10%-
70% of the population, districts in which Latinos will continue to build political power.
Accounting for 81 % of the population growth in the nation's 100 largest cities, Latinos
are also now in position to form viable electoral coalitions with non-Latino voters and
help shape the future of the nation's largest urban centers.
Call USHLI to order!!!! (312) 427-8683
ALIENATION vs CROSSOVER IN THE HISPANIC COMMUNITY
50% OF THE POPULATION ONLY HOLDS 5% OF COUNTY JOBS
THE SMOOTH TRANSITION GARANTEES A SMOOTH INTEGRATION
THE COUNTY COMMISSION IN CHARGE OF CHANGE
THE HAAB HAS DONE ITS PART.
Urban League of Greater Miami
T. Willard Fair
President
8500 NW 25th Avenue
Miami, FL 33147
Email: tfairtWmsn.com
305-696-4450
1611 B
For information about your Urban League Affiliate, contact the National Urban League headquarters (212)
558-5300.
The Employment Network makes it possible to search for jobs online, post resumes, set
up a search agent that emails job listings directly to your in-box, and use an advanced
search function to retrieve more targeted search results. Their motto: Civil Ril!hts &
Racial Justice" (End of quote)
Links to these and other Latino and Hispanic organizations must be exposed by the media, if not
by governmental agencies, to help make the Hispanic community more organized and more
progressively convert a simple and alienated resident into a concerned and integrated citizen.
CHAPTER XII
CONCLUSIONS
We invite each and every member of this Board to read and meditate about the context of this
work. It is intended to be part of the presentation of a combined and comprehensive
recommendation to the Board of County Commissioners of Collier County by the Hispanic
Affairs Advisory Board, hoping that this contribution serves its purpose.
We want to leave the structuring of the recommendations coming out of this presentation at the
discretion of the Board of Directors as a whole. When the final recommendation is completed,
each one of us will feel proud of having participated in its elaboration.
Thank you.
Cosme E. Perez
Member,
Hispanic Affairs Advisory Board
Collier County Commission
Naples, Florida
July 20, 2005
First draft corrected.
16/1 C
MEMORANDUM
DATE: March 26, 2007
TO: Board of County Commissioners
FROM: Barbetta Hutchinson, Executive Secretary, OMB
SUBJECT: Productivity Committee Meeting Minutes
Enclosed for your information and files are the Productivity Committee's Regular Meeting
agenda and minutes of November 15, December 20, January 17, February I and February 21.
In addition, the minutes of the Value Engineering Subcommittee Meetings held on December 15
and January 30 are also attached.
Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have
any questions.
C: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Crystal Kinzel, Director, Internal Audit, Clerk of Courts
Mike Smykowski, Budget Director
Tammy Nemecek, EDC
Mise, Com:s,
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
Date,
"
'c.;;I'
1611
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Collier County Government
Productivity Committee Agenda
November 15, 2006
2 P.M.
I. Introduction
A. Opening Remarks
B. Approval of October 18, 2006 Productivity Committee meeting minutes
II. Old Business
A. Charter Commission Exploratory Committee Letter to the BCC-Jim Van Fleet
B. AUIR Review Discussion (November 20,29, and 30)
III. New Business
A. Value Engineering Report Discussion-Brad and Syd
B. BCC Four Year Review of Productivity Committee (in accordance with Ordinance
2001-55)
IV. Comments/Announcements
V. Adjourn
The next meeting is scheduled for Wednesday, December 20, 2006, at 2 p.m. in the County
Manager's Front Conference Room on the 2nd floor of the W. Hannon Turner Building
(Administration Building F).
16J1 C
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - November 15, 2006; 2 p.m.
Members Present: Larry Baytos, John Barlow, Robert Bennett, Syd Blum, Brad Boaz,
Bob Dictor, Steve Harrison, Joe Swaja, Jim Vanfleet and Janet Vasey.
Members Absent: Colleen Kvetko was excused.
BCC Liaison: Commissioner Coletta was in attendance.
Others Present: Mark Strain, Collier County Planning Commission; Chris Stratton,
President, League of Women Voter's of Collier County; Mike Pettit, Chief Asst. County
Attorney; Crystal Kinzel, Clerk's Finance Director; Carol Golightly, Sheriffs Office;
Michael Sheffield, Assistant to the County Manager; and Barbetta Hutchinson, Office of
Management and Budget.
I. INTRODUCTION
In absence of the Chairman Van Fleet the Vice Chair, Janet Vasey called the meeting to
order at 2:06 pm (Chairman Van Fleet entered at 2:12). Commissioner Coletta thanked
the group for their time and effort spent in working for the county. He introduced Mark
Strain who is the Chair Person of the Planning Commission. Mark addressed the group
and stated that he looks forward to their joint efforts in the AUIR project.
Discussion was made regarding county issued identification tags and parking passes for
the Productivity Committee. Jim will draft a memo to Jim Mudd requesting these items
for members of the committee.
Mike Pettit addressed the group regarding the possibility of the Productivity Committee
creating an ad hoc task force and how it would relate to the sunshine law. After
reviewing the question, he feels it would be very difficult to have such meetings without
them being held in the sunshine.
Approval of Minutes from the regular Productivity Meeting of October 18. Brad made
the motion to approve the minutes and Syd seconded. The group unanimously approved.
II. OLD BUSINESS
Charter Commission Exploratory Committee Letter to the BCC - Larry suggested that
the committee move directly into the process of forming a charter commission and
bypass any study group. Brad feels that the committee does not know enough about
charter government to know if we should or should not endorse it. After discussion the
following points were decided upon:
Page 1 of2
16Jl C
a. There was a consensus that the Committee would not take a position for or against
Charter Government until more of our members became more knowledgeable
about the subject.
b. Development of our understanding of the subject would include an interview by
each of the Committee members with a spokesperson from a Florida county that
previously has adopted Charter government.
A motion was made by Joe Swaja, to travel to 11 counties on a fact finding mission with
expenses paid by the county. This was seconded by Steve. The group voted, all were in
agreement with the exceptions of Brad and Bob. Each group will ask the same questions
of each separate county. The groups will then reconvene in a full committee meeting to
discuss and determine whether or not a charter commission is appropriate. The group
will report a recommendation in 90 days. --+Jim Van Fleet will write a letter to the
Commissioners asking for travel expenses.
AUIR Process ~ Mark Strain addressed the group regarding the process of the AUIR.
Mark will be chairing the meeting as President of the Planning Commission. The full
Productivity Committee will not be required to attend the entire 3 days of meetings, as
they have formed separate review groups. Mark said he feels the presentations this year
will go much more smoothly than in years past. --+Mike Sheffield will send e-mails to
committee members with the times and dates that they should plan on attending the
meetings. --+The full productivity committee will bring all their subcommittees
together and construct one report to be sent to the BCC regarding AUIR
recommendations.
III. NEW BUSINESS
Value Engineering Report - This item was moved to the meeting in December. --+ Mike
will invite Kelsey Ward to attend that meeting. --+Mike will also coordinate a
meeting with Brad (the group lead), Kelsey, Syd and Dex Groose for the first week
in December to work on the report.
BCC Four Year Review ofProductivitv Committee - The group reviewed the form that
will be prepared by Jim and submitted to the County Manager. The Chair ofthe
committee will then make the presentation at a Board Meeting in March.
Adjournment: Joe motioned to adjourn the meeting. Syd seconded and the group
unanimously agreed. The meeting was adjourned at 4:15 p.m.
Next Meetinl!: The next regular meeting of the Productivity Committee is scheduled for
Wednesday, December 20, at 2:00 p.m. This meeting will be held in the County
Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building
(Administration Building F).
Page 2 of2
Collier County Government
Productivity Committee Agenda
December 20, 2006
2 P.M.
16/1
c
I. Introduction
A. Opening Remarks
B. Approval of Nov. 15, 2006 Productivity Committee meeting minutes
c. Acceptance of Dec. 15, 2006 Value Engineering Subcommittee meeting
minutes
II. Old Business
A. AUIR Report to the Board of County Commissioners-Janet
B. Charter Commission Exploratory Study-John, Jim, Larry
III. New Business
A. Value Engineering Report Discussion-Brad and Syd
B. Review of Applications for Productivity Committee
membership/recommendations to the BCC
c. Affordable Housing Fee Ordinance Proposal Discussion-1/29/o7 9-12pm boardroom
Productivity Committee to review the proposed Ordinance with the Affordable Housing
Commission and Development Services Advisory Council (Proposal to impose
developer fees for affordable housing)
IV. Comments/Announcements
V. Adjourn
The next meeting is scheduled for Wednesday, January 17, 2007, at 2 p.m. in the
County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner
Building (Administration Building F).
1611
L'
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - December 20, 2006; 2 p.m.
Members Present: Larry Baytos, John Barlow, Robert Bennett, Syd Blum, Brad Boaz,
Joe Swaja, Jim Vanfleet and Janet Vasey. Steve Harrison attended via telephone.
Members Absent: Bob Dictor and Colleen Kvetko were excused.
BCC Liaison: Commissioner Coletta was in attendance.
Others Present: Mark Strain, Collier County Planning Commission; Beth Yang,
Principal Planner; Crystal Kinzel, Clerk's Finance Director; Carol Golightly, Sheriffs
Office; Doug Fee, Productivity Committee Applicant; Norm Feder, Transportation
Administrator; Sharon Newman, Transportation Services; Michael Sheffield, Assistant to
the County Manager; and Barbetta Hutchinson, Office of Management and Budget.
1. INTRODUCTION
Chairman Van Fleet called the meeting to order at 2:02 pm.
Approval of Minutes from the regular Productivitv Meeting of November 15. Syd made
the motion to approve the minutes and Joe seconded. The group unanimously approved.
Value Engineering Meeting Minutes - Syd addressed the group regarding the meeting
held on December 15. In attendance were Kelsey Ward, Jim Mudd, Syd, Brad and Dex
Groose. The members reviewed a paper on value engineering and the potential benefits
to the county. The recommendations of the subcommittee were reviewed. Bob moved to
accept the minutes of that meeting, Joe seconded and the group approved unanimously.
II. OLD BUSINESS
AUIR Report ~ Janet reviewed the compilation of recommendations made by the group.
The group discussed the recommendations one by one. Janet took notes of changes and
she will write a cover letter and compile a document that will show the changes the group
suggested and forward to Mike Sheffield. Jim VanFleet will sign the letter and have it
sent to the County Commissioners along with the attachments. Beth will prepare the
AUIR documentation. Commissioner Coletta asked her to send the final document to the
members of the Productivity Committee as well as the members of the Planning
Commission via e-mail. The Productivity recommendations were formally motioned to
be accepted by Larry and seconded by Syd. The group unanimously agreed.
Charter Commission Exploratorv Studv - John talked to the group about the different
ways a charter government could be started. John suggested the group investigate charter
government for the purpose of being more effective and efficient. Larry said he feels the
committee does not have a client for this cause. Jim said because the county is growing
so dramatically that we want to have a form of government that is not only efficient and
Page 1 of2
16/1 C
effective, but also in terms of openness, fairness, transparency, etc. Ifwe do not look at
the whole picture, then we should not look at it at all. Commissioner Coletta said the
Productivity Committee is the one group that has no political motivation and could look
at charter government with an open mind. The Commissioner said the committee should
make a game plan using a reverse timeline from the date in November, 2008 as the goal
for completion. A subcommittee of Larry, Steve and John was appointed and will work
to develop a position, timeline and game plan to bring to the full committee in January.
Mike will work with Larry to set-up a meeting in early January. (Mike Sheffield later
noted that there was no formal motion to form the subcommittee, therefore it will be
moved to the meeting in January.) Jim asked the committee members to send comments
to Larry who will compile them for the subcommittee meeting.
III. NEW BUSINESS
Value Engineering Report ~ Brad and Syd - Dex prepared a policy statement and sent it
to Kelsey. Kelsey reviewed the policy and made a few suggestions. There are definite
benefits that could be realized by implementing the recommendations. The group
determined that an outside value-engineer should be used. The next step would be to take
the policy statement to Jim Mudd. Joe motioned to have the subcommittee meet with
Jim, Bob seconded and the group unanimously agreed. Janet added that a trial period be
recommended to see how much savings could actually be accomplished. -+ Mike will
coordinate a meeting to include Jim Mudd.
Application reviews - The members reviewed the six applications. Mike distributed a
ranking sheet listing the names and expertise areas of each applicant, and asked each
member to rank each of the six applicants from 1-6, with #1 being their first choice and
#6 being their last choice. Ratings were compiled and a list of5 (John Barlow, Larry
Baytos, Bob Bennett, Syd Blum, and James VanFleet) were recommended for
appointment. Joe motioned, Larry seconded and the group unanimously approved.-+
Mike will send the list to the BCC.
Affordable Housing - Mike asked the Productivity Committee to join the Housing
Commission to review a proposed affordable housing ordinance. He asked a
subcommittee to attend the meeting on January 29th from 9-12. Jim, Syd, Brad, Bob,
Janet and John will be on the subcommittee. (This will be formally motioned and voted
upon at the meeting to be held on January 17th.)
Adjournment: Joe motioned to adjourn the meeting. Syd seconded and the group
unanimously agreed. The meeting was adjourned at 4:15 p.m.
Next Meetinl!: The next regular meeting of the Productivity Committee is scheduled for
Wednesday, January 17, at 2:00 p.m. This meeting will be held in the County Manager's
Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration
Building F).
Page 20[2
1611
c
Collier County Government
Productivity Committee Agenda
January 17, 2007
2 P.M.
I. Introduction
A. Opening Remarks
B. Approval of December 20, 2006 Productivity Committee meeting minutes
II. Old Business
A. Charter Commission Exploratory Study Update
III. New Business
A. 2007 Impact Fee Reviews/Updates-Amy Patterson
B. Thoroughfare Corridor Protection Plan-Nick Casalanguida (3:00 time certain)
C. EDC/Affordable Housing-Brad Boaz
D. Nominations/Selection of the Chair and Vice Chair for 2007
IV. Comments/Announcements
Remember-Proposed Affordable Housing Mitigation Fee Ordinance
Joint meeting-January 29,2007 9am-12pm at the North Collier
Regional Park Exhibit Hall
V. Adjourn
The next meeting is scheduled for Wednesday, February 21, 2007, at 2 p.m. in the
County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner
Building (Administration Building F).
16J1
n
;;
i."
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - January 17, 2007; 2 p.m.
Members Present: Larry Baytos, John Barlow, Robert Bennett, Syd Bhun, Brad Boaz,
Bob Dictor, Steve Harrison, Jim VanFleet and Janet Vasey.
Members Absent: Colleen Kvetko resigned and Joe Swaja was absent.
BCC Liaison: Commissioner Henning was in attendance.
Others Present: Crystal Kinzel, Clerk's Finance Director; Carol Golightly, Sheriff's
Office; Amy Patterson, Impact Fee Manager; Norm Feder, Transportation Administrator;
Tammy Nemecek, Economic Development Council of Collier County; Phil Tindale,
Transportation; Nick Casalaguida, Transportation; Michael Sheffield, Assistant to the
County Manager; and Barbetta Hutchinson, Office of Management and Budget.
1. INTRODUCTION
Chairman Jim Van Fleet called the meeting to order at 2:00 pm. He told the group he
inadvertently distributed a memo regarding Charter Government to the committee in the
agenda packet for the December meeting.
Jim also announced the resignation of Colleen Kvetko from the Productivity Committee.
In addition, he distributed an ordinance regarding the affordable housing linkage fee to
the group. The group has been asked to participate in the discussion of this ordinance at
North Naples Community Park on January 29 at 9:00 am - 12:00 p.m. He suggested the
entire committee to participate in this discussion. Syd made the motion, Janet seconded
and the vote was unanimous.
Approval of Minutes from the regular Productivity Meeting of December 20. Bob Dictor
made a note of his absence at that meeting. Syd made the motion to approve the minutes
as corrected and Steve seconded. The group unanimously approved.
II. OLD BUSINESS
Charter Commission Exploratory Study Update - Larry will speak at the next BCC
meeting and give a supportive presentation and review of a fact-finding feasibility study
of charter government. He reviewed and discussed that presentation with the group. The
group was invited to attend the meeting. He will be asking the BCC to give the
Productivity Committee the go-ahead to begin the study
III. NEW BUSINESS
2007 Impact Fee Reviews/Updates - Amy Patterson spoke to the group about updating
the indexing methodology. Up to this point, we have been using standardized indexes.
Page 1 of3
1611
c
Last year we found that the national indexes have been grossly understating the costs that
we have in Collier County. We have a contract with Tindale-Oliver who is working to
capture an index that better represents Collier County. In addition, their findings will be
reviewed by outside council in order to make sure all the federal and state regulations are
being met.
Norm Feder spoke about the transportation issues. He stated that the fees need to be
updated according to rising costs. If fees rise too much, will commercial building be
driven into Lee County? Commissioner Henning said that another revenue source (about
$20 million) is from non-recurring general funds (turn back money from the
constitutional officers). He said that during the AUIR process he plans to address
commercial building east of 95 1. The study will be done in about 90 days and will be
distributed to the members of the Productivity Committee.
Thoroughfare Corridor Protection Plan - Nick Casalanguida spoke regarding getting
roads built faster and cheaper. He reviewed proposed policy changes with the group. He
reviewed how corridors were chosen and what should happen after they are chosen. He
asked the group for their support in trying to get the ordinance passed. Syd motioned to
support the plan. Bob seconded and the group unanimously approved. Nick will take the
recommendation to the Board.
Affordable Housing - Brad Boaz introduced Tammy Nemecek who reviewed a plan for
the Collier County Housing Stimulus Program. This is basically an affordable housing
development that was put together with the Urban Land Institute using best practices. The
program was reviewed by looking at the people who would live in the development and
the types of homes that would be built in the development. This plan could be easily
reconfigured to be built as big or as small as needed and would include employment
centers near the homes. This plan would keep costs low by taking advantage of an
incentive-based approach to induce private sector help to address the issue.
Nominations/Selection ofthe Chair and Vice Chair for 2007 - John was nominated for
the chairman position by Syd. Steve seconded. The group unanimously approved. For
the Vice-chair position, Syd nominated Jim, Bob B. seconded. Steve nominated Larry,
Jim seconded. A vote was taken resulting in Jim becoming the Vice Chair with a vote of
5 to 4. Brad moved to accept John as Chair, and Jim as Vice Chair. Bob D. seconded
and the group approved unanimously. John thanked Jim and Janet for holding the
positions last year.
AUIR - Janet told the group she will be attending the AUIR meeting before the BCC on
February 24 to answer any questions they may have.
Commissioner Henning requested the minutes and back-up material for the past two
meetings. -.Barbetta will make sure he gets them.
Adioununent: Steve motioned to adjourn the meeting. Larry seconded and the group
unanimously agreed. The meeting was adjourned at 4:20 p.m.
Page 2 of3
1611
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Next Meetinl!:: The next regular meeting ofthe Productivity Committee is scheduled for
Wednesday, February 1, at 9:30 a.m. This meeting will be held in the County Manager's
Conference Room on the 2nd floor ofthe W. Harmon Turner Building (Administration
Building F).
Page 3 of3
Collier County Government
Productivity Committee Agenda
February 1, 2007
9:30 A.M.
16'"
')f
11 C
I. Opening Remarks
II. Discussion Regarding Tasks for Members and the 2007 Work
Plan
III. Comments and Announcements
IV. Adjourn
The next meeting is scheduled for Wednesday, February 21,2007, at 2 p.m. in the
County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner
Building (Administration Building F).
16/1
"
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - February 1, 2007; 9:30 a.m.
Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Bob Dictor,
Steve Harrison, Joe Swaja, Jim VanFleet and Janet Vasey.
Members Absent: Bob Bennett was excused.
BCC Liaison: Commissioner Henning was in attendance.
Others Present: Crystal Kinzel, Clerk's Finance Director; Jean Myers, Sheriffs Office;
Amy Patterson, Impact Fee Manager; Norm Feder, Transportation Administrator; Beth
Yang, Comprehensive Planning; Michael Sheffield, Assistant to the County Manager;
and Barbetta Hutchinson, Office of Management and Budget.
I. OPENING REMARKS
Chairman John Barlow called the meeting to order at 9:00 am.
II. DISCUSSION REGARDING TASKS FOR MEMBERS AND THE 2007
WORK PLAN
Commissioner Henning will send a memo to the BCC asking them to begin to think
about how the Productivity Committee can be used in the upcoming year.
John asked the group for volunteers to lead in each area that the Productivity Committee
has interest in. Discussion was made on each ofthe following topics and the following
individuals were selected as leads:
Impact Fees - Janet, Bob D. and Syd.
AUIR - Janet
Charter Government - Larry
Affordable Housing - Brad and Jim
Facilities Strategies - Steve, Brad and Syd
Information Technology - John
Communication - Jim and Larry
Human Resources - Larry
Budget Reviews - Janet and Joe
Tourism - Bob D.
Each leader will draft other Productivity Committee members into sub-committees as
they see fit.
Page 1 of2
1611 G
III. COMMENTS AND ANNOUNCEMENTS
AUIR WORKSHOP SCHEDULE - Beth Yang asked the group to choose dates for the
preliminary level of service review and AUIR review with the Planning Commission.
The group chose May 21 and May 24 for level of service review and October 15,16 and
18 with the 23rd and 25th as carry-over dates for review of the AUIR with the Planning
Commission.
IV. ADJOURN
Steve motioned to adjourn the meeting. Larry seconded and the group unanimously
agreed. The meeting was adjourned at 11 :20 a.m.
Next Meetinl!: The next regular meeting of the Productivity Committee is scheduled for
Wednesday, February 21, at 2:00 p.m. This meeting will be held in the County
Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building
(Administration Building F).
Page 2 of2
1611 C
Collier County Government
Productivity Committee Agenda
February 21, 2007
2 P.M.
I. Introduction
A. WelCOme-John Barlow
B. Approval of January 17, 2007 Productivity Committee meeting minutes
C. Acceptance of the January 30, 2007 Value Engineering Subcommittee
meeting minutes
D. Approval of the February 1, 2007 Productivity Committee meeting minutes
II. Old Business
A. Generate Work-Plan for 2007
B. Value Engineering Update-Brad & Syd
III. New Business
A. Annual Briefing by the County Manager (2:05 Time Certain)
B. Selection of one of the three applicants to recommend to the Board of
County Commissioners for Appointment to the Productivity Committee
IV. Comments/Announcements
V. Adjourn
The next meeting is scheduled for Wednesday, March 21,2007, at 2 p.m. in the
County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner
Building (Administration Building F).
1611 C
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - February 21, 2007; 2 p.m.
Members Present: Larry Baylos, John Barlow, Robert Bennett, Syd Blum, Brad Boaz,
Bob Dictor, Steve Harrison, Joe Swaja, Jim Vanfleet and Janet Vasey.
Members Absent: None
BCC Liaison: Commissioner Henning was in attendance.
Others Present: Crystal Kinzel, Clerk's Finance Director; John Carter, Attorney Clerk
of the Courts; Carol Golightly, Sheriff's Office; Amy Patterson, Impact Fee Manager;
Jim Mudd, County Manager; Leo Ochs, Deputy County Manager; Michael Smykowski,
Director of Management and Budget; Michael Sheffield, Assistant to the County
Manager; Barbetta Hutchinson, Office of Management and Budget; Neno Spagna and
Georgia Hiller applicants for Productivity Committee Membership.
I. INTRODUCTION
Chairman John Barlow called the meeting to order at 2:02 pm.
Approval of Minutes from the regular Productivitv Meeting of January 17. Jim Vanfleet
made the motion to approve the minutes and Syd Blum seconded. The group
unanimously approved.
Acceptance ofthe Minutes from the Value Engineering Subcommittee Meeting on
January 30. Syd made the motion to accept the minutes and Jim seconded. The group
unanimously approved.
Approval of Minutes from a special Productivitv Meeting ofFebruarv 1. Janet Vasey
made the motion to approve the minutes and Larry Baylos seconded. The group
unanimously approved.
II. OLD BUSINESS
Generate Work Plan for 2007 - The County Manaf!.er's Staff ProTJosed Ilems was
reviewed. The committee agreed to comment on the FY08 Budget Policy; Continue to
review impact fees and user charges; Review the budget of Community Development for
FY08; Brad, Syd and Janet will review the road contracts and make recommendations.
A meeting for the road contracts is scheduled for March I" at 9:00 a.m. Mike will send
out an e-mail to remind the group of the date and time. John suggested that the group
review the cost plus methodology. Steve Harrison will take on the responsibility of
putting a cost savings figure if the recommendations that were made by the Productivity
Committee in June would be implemented. Mike Sheffield will talk to Jim Mudd about
Page 1 of2
1611 C
having Kim Grant work with John Barlow and the committee on the Public Housing
Grants.
-- -- -.--.----.----
--- - ----.-..--
Value Engineering Update - Brad Boaz and Svd Blum - The final policy is being written.
Brad and Syd will bring it to the meeting when it has been completed.
III. NEW BUSINESS
Annual Briefing bv the Countv Manager (2:05 time certain) - Jim Mudd passed out a list
of proposed budget guidelines for FY08. Jim and Mike Smykowski spoke to the group
regarding these guidelines and their necessity in budget preparation for FY08. The group
discussed the list including capping ad valorem tax revenue at 16%, millage neutral
targets, budget allocations, expanded positions count, health care program cost sharing,
cost of living adjustments, capital profits, attrition and contingency reserves. The group
agreed to the County Manager's proposals with the following exceptions: The cap
should be changed from 16% to 10%, with any excess resulting in a millage rate
reduction; the recommended budget increase of 8% should be reduced to a 6% increase;
the attrition rate should be changed from 2% to 4%; and they also suggested that they get
the County Manager's budget policy recommendations much earlier next year so that
they can be better reviewed and be included in the agenda packet. Joe Swaja motioned
for Janet Vasey to write the letter, John seconded and the group unanimously agreed,
however Janet declined stating time constraints. --Janet will write a letter with the
input of Larry Baytos to the Bee recommending adjustments and suggestions and
forward it to John Barlow for signature. Steve asked to see the County Manager's
contingency plan for the upcoming year based upon the economic downturn.
Selection of Applicant to Recommend to the BCC for Appointment to the Productivitv
Committee - Mike Sheffield noted that all three applicants were invited to attend the
meeting. Georgia A. Hiller and Neno Spagna were in attendance and addressed the group
with some highlights oftheir professional and public work history. A vote was taken by
upheld hands with the following results: One vote for Michelle Ellis Harrison and eight
votes for Georgia Hiller. Joe Swaja motioned to recommend Georgia for appointment,
Bob Dictor seconded and the group unanimously approved.
Adiourmnent: Larry motioned to adjourn the meeting. Syd seconded and the group
unanimously agreed. The meeting was adjourned at 4:40 p.m.
Next Meetine: The next regular meeting of the Productivity Committee is scheduled for
Wednesday, March 21, at 2:00 p.m. This meeting will be held in the County Manager's
Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration
Building F).
Page 2 of2
1611 G
MINUTES OF THE MEETING OF THE
COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE'S
VALUE ENGINEERIN6 REVIEW SUBCOMMITTEE
COLLIER COUNTY, FLORIDA
December 15, 2006
County Government Productivity Committee's Value Engineering Review Subcommittee
met on Friday, Dec. 15 at 3:30 p.m. in the County Manager's Office conference room,
located on the second floor of the W. Harmon Turner Building (Building F), Collier
County Government Center, 3301 E. Tamiami Trail, Naples.
Membersili attendance: Brad Boaz, Syd Blum, Dex Groose
Also in attendance: Kelsey Ward, Contract Administration Manager
The members along with Kelsey reviewed a paper on Value Engineering (attached)
prepared by Dex Groose. There was a discussion on the scope and timing of
recommended value engineering services and potential benefits to the County. The
Subcommittee agreed to propose a formal policy recommendation at the next meeting of
the full Productivity Committee and also recommends setting up a meeting with the
Subcommittee Members, Kelsey and Jim Mudd to discuss the policy recommendation
and the Value Engineering Paper.
The policy recommendation to be put before the Productivity Committee is as follows:
The Productivity Committee recommends the County adopt a policy requiring a
mandatory Value Engineering Review ("VE Review") on all Capital Projects with a total
estimated cost in excess of $1 0 million and an optional VE Review on projects below this
level. The VE Review is to be performed by a team of professional engineers that is
independent of the Capital Project and is lead by a Certified Value Specialist. The VE
Review will include a review of the Capital Project and completion of a formal report at
the time of 30% Design, 60% Design and prior to issuance of the final plans to be used
for bidding of the project. In accordance with County Purchasing Policy, resultant of a
competitive process in compliance with Florida Statutes related to the Consultant's
Competitive Negotiation Act (CCNA), Staff may select a single firm or multiple firms to
perform reviews on major Capital Projects. Specific procedures for each VE review
should be worked out by County Staff with the assistance of the Contract Administration
Department.
1611 C
MINUTES OF THE MEETING OF THE
COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE'S
VALUE ENGINEERING REVIEW SUBCOMMITTEE
COLLIER COUNTY, FLORIDA
January 30, 2007
County Government Productivity Committee's Value Engineering Review Subcommittee
met on Wednesday, January 30, 2007 at 3:30 p.m. in the County Manager's Office
conference room, located on the second floor of the W. Harmon Turner Building
(Building F), Collier County Government Center, 3301 E. Tamiami Trail, Naples.
Members in attendance: Brad Boaz, Syd Blum,
Also in attendance: Jim Mudd, County Manager, Steve Carnell, Director of Purchasing,
Kelsey Ward, Contract Administration Manager, Crystal Kinzel, Clerk's Finance Director
The members discussed with Jim Mudd and other staff members the recommendation
made in the minutes of the full Productivity Committee. The benefits of Value
Engineering were discussed along with each parties personal experience with this and
examples of the types of benefits we have seen. Mr. Mudd indicated his support for the
intent of the recommendation and indicated he had some concerns about focusing the
efforts on projects early enough in the process to have meaningful changes and having
some flexibility regarding specific procedures. He indicated support for additional
engineering reviews of projects provided it occurred in the right manner. He requested
Steve Carnell to write up specific procedures based on the discussion and to present
these back to him to provide to the Subcommittee for review. He indicated it would take
a few weeks to get back with us.
The meeting was adjourned.
...... --""
16K5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
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 Offiee only !!f!s: 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 ofthe Chairman's simature, draw a line throul!h routinl! lines #1 throul!h #4, comlJlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in rautin\! order)
l.
2.
3.
4. William E. Mountford, ACA County Attorney's Office WEM 04/27/07
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. William E. Mountford, ACA County Attorney's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered to the Bee office only after the Bce has acted to approve the
item)
Name of Primary Staff William E. Mountford Phone Number 774.8400
Contact Assistant Countv Attornev
Agenda Date Item was April 10, 2007 Agenda Item Number 16.K-5
Approved bv the BCC
Type of Document Settlement Agreement and Mutual Release Number of Original 3
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on April 10. 2007 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne '8 Office has reviewed the chan es, if a licable.
Please return one executed ori inal document to William E. Mountford, ACA
Yes
(Initial)
WEM
N/A(Not
A Iicable)
2.
3.
4
5.
6.
7.
WEM
WEM
WEM
WEM
WEM
WEM
I: Forms! eounty Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
((mattecnumbef>)! <,document_numbeD>
MEMORANDUM
Date:
April 30, 2007
To:
William E. Mountford
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Mutual Release
Re: Case No. 06-270-CA
Attached, please find one (1) original and two (2) certified copies ofthe
document, as referenced above (Agenda Item #16K5), approved by the Board
of County Commissioners on Tuesday, April 10, 2007.
If you have any questions, please call me at 774-8411.
Thank you.
Attachments (3)
16K5
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 19th day of March 2007 by and between Mitchell Fairchild, (hereinafter referred to
as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter
referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Mitchell Fairchild
v. Collier County, Florida, et al., Case No. 06-270-CA (hereinafter referred to as the
"Lawsuit"); and,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
1
16K5
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1 . Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Ten Thousand Five Hundred Dollars ($10,500.00) and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that he has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
2
16K5
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
3
16K5
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
DAt~l?: L.J \ ~C /c.,r.t--
. A,TIEST: ._
. . DWIGHI E.ElROCK, Clerk
~PCt!'Sflt k
· ",,!i\~\ '" to "',.- ,
',1 gl\'ature ()~ 1 "
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
#~
JAMES COL A, Chairman
Date:
'3/28107
I
Item # l b f(CS
Agenda 4 J,. I, /)
Date ~-r
~~~
. \UG\14.
uty :~Ierk
4
16K5
\
THIS SETTLEIlIIENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS
AND COLLlER}~6~NT. Y, FL8!!IDA W4S;..,~ORN,TO and subscribed by Mitchell
Fairchild, bef e me, thi$ day Of~(J ,2007.
//. /
, &:2r::iJt // !' C ~;,/'-- Personally Known
nature of Notary ublic/ or
i/ Produced Identification X
fC- 'pLJ ~,.i'.5- tiC r/-SF
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
.~ " .. ..::-'~~---~~.~ .
~~'~ SHARON JOSEPHSON
~ ~ MY COMMISSION # D0603017
"f1l;o,~f:J$ EXPIRES, Oct. 8. 2010
14(1) 398-()lS:J Florida Notary Service. com
Approved as to form and
legal sufficiency:
William . Mountford
Assistant County Attorney
5
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
16/(5
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 19th day of March 2007 by and between Mitchell Fairchild, (hereinafter referred to
as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter
referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Mitchell Fairchild
v. Collier County, Florida, et al., Case No. 06-270-CA (hereinafter referred to as the
"Lawsuit")' and
, ,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
1
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OR: 4220 PG: 3888
NOW, THEREFORE, in consideration of the mutual covenants, promises and16 ,V t:;
1.../
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1 . Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Ten Thousand Five Hundred Dollars ($10,500.00) and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that he has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
2
OR: 4220 PG: 3889
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of 16 K
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
3
OR: 4220 PG: 3890
been extinguished by this Agreement and Release and that the sole remedy for breach 16 K 5
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
~~~f..~Ji38 (t.4.
DWIGHT E. BROCK, Clerk
<~~F<lu lafM~C{ k
Attest. ts: :,toChalraan ~
slQnllture onl,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~~~
JAMES COLETTA, Chairman
MITCHEL[ FAI CH LD, Plaintiff
Date: 3/2-8/07
I I .
4
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(
THIS SETT)..EMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS
AND COLLI~R/COUNTY, FLv9.RIDA ~AS S,WORN TO and subscribed by Mitchell
Fairchild, / re m7thiS / " "dayof 7J//, leA ,2007.
/' .
1-", ./'
'lPcc.O\
tgnature of Notary
*** OR: 4220 PG: 3891 ***
<;'1 ~
Ii ,/ fi!'"
"'- I.., /;, .:J
~._.-...-...-- '
Personally Known
or
Produced Identificat
<..y~ SHARON JOSEPHSON
....ilag My-GQ.MMlSSION # D0603017
\h."'lfl'~l EXPIRES: Oct. 8. 20tO
-(DF~
407) 398-0153 Florida NOW)' S......lc.,com
Commissioned Name of Notary Public
(Please print, type or stamp)
h DR"!/l/<! f') 1./ (,[/USE
-
Type of Identification Produced
My Commission expires:
Approved as to form and
legal sufficiency:
fi/...~ 1. ~
William E. Mountford
Assistant County Attorney
5
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)7 A
~.. "
To: Clerk to the Board: Please place the following as a:
D Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
**********************************************************************************************************
Originating Deptl Div: Engineering Services
Person: Stephen Higgins
Date: 3/20107
Petition No. (If none, give brief description): A VESMT -2006-AR-I 0504
Petitioner: (Name & Address): David Torres, Toll Brothers, Inc. 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FI. 34134
George Hermanson, Hole Montes, Inc. 950 Encore Way, Naples, FI 34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before x BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. April 10, 2007
Newspaper(s) to be used: (Complete only if important):
[8J Naples Daily News
D Other
D Legally Required
Proposed Text (Include legal description & common location & Size: See attached Resolution
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? [8J Yes D No
[fYes, what account should be charged for advertising costs:
l ~ 3-1 ~ ~=31 (} -10<1-'1110
~: Thomas E. Kuck
0.iM
Department Manager
3120/tJr
Date I I
List Attachments: Resolution
Executive Summary
Exhibit A & Location Map
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:
D County Manager agenda me: to
Clerk's Office
D Requestiug Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE.pNLY:
Date Received: ;:s- a:.I-o 1
Date of Public hearing: '+-1 C4lL Date Advertised: ~~O-ol
q-l1- 01
.LJA,,~.
RESOLUTION NO. 07-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-10504,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF A FIFTEEN FOOT WIDE DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1498, PAGE
1042, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Toll Brothers, Inc., has requested the vacation of a portion of a fifteen
foot wide drainage easement recorded in Official Records Book 1498, page 1042
in the Public Records of Collier County, Florida, specifically described in Exhibit
'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of 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 the drainage easements as specifically 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.
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; to publish notice of adoption of this
Resolution within thirty (30) days of adoption; and to record such proofs of
publication as required by Section 336.10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this day of ,2007.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
~.u ~.__+
17 A
4 !
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QUML VI GE: ~y
17A
March 22, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2006-AR-I0504
Dear Legals:
Please advertise the above referenced notice on Friday, March 30, 2007 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
Account No. 113-138312-64911 0
NOTICE OF PUBLIC HEARING
17A
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 10,
2007 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-2006-AR-10S04,
DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF A FIFTEEN FOOT WIDE DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1498, PAGE 1042, OF THE PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA, AND AS FURTHER DESCRIBED IN
EXHIBIT "A".
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
GOijp.tyofC(ijUier
CLERK OF TIiBCIRCUIT COURT
- ,
COLLIER COUNTY QoUR!40USE
3301 TAMIAMI TRAIL EA<ST
P.O. BOX 4i~044 '.
NAPLES, FLORIDA ~~101-3d44
"
i'f
17 Al ~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 22, 2007
___7
,
David Torres
Toll Brothers, Inc.
28341 S. Tamiami Trail, Ste. 4
Bonita Springs, FL 34134
Re: Petition A VESMT -2006-AR-1 0504
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, March 30, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Clu.u ~ Q( _
Ann Jennejolk, D~puty- Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerkfalclerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Coqp.tyofCol1ier
CLERK OF THBbIRCUIT COURT
COLLIER COUNTY QoURTNOUSE
3301 TAMIAMI TIiAIL E..{.sT
P.O. BOX 4 ~~044 \
NAPLES, FLORIDA 3,4101-3044
"
\'.'
17 A ~\r ~'ll ,,1
rh~ ")'i 1
, (. ~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 22, 2007
" __I
- ,
George Hermanson
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Re: Petition A VESMT-2006-AR-IOS04
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, March 30, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
a.u.u. ~ Q,(,
Ann Jenn~ohn~ Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.f1.us
Fax - (239) 775-2755
Email: collierclerkiaJ,c1erk.collier.f1.us
17 A '{ I
Ann P. Jennejohn
To:
Subject
legals@naplesnews.com
AVESMT-2006-AR-10504 Palazzo Village
Attachments:
A VESMT -2006-AR-1 0504.doc; A VESMT 2006-AR-1 0504.doc
Hi,
Please advertise the attached on Friday, March 30, 2007.
Thank you,
~
AVESMT-2006-AR-l
OS04.doc (24 K...
~
A VESMT
;-AR-10S04.doc (22
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@clerk.coll ier. f I.us)
1
17 A 41
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, March 22. 2007 4:06 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
A TT1138578.txt; A VESMT -2006-AR-1 0504 Palazzo Village
[J
=.:
'::"
-.
!':'-"l
~
ATT1138578.txt AVE5MT-2006-AR-l
(229 B) 0504 Palazzo v...
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-2006-AR-l 0504 Palazzo Village
Page 1 of 1
17 A'
~.,i
4
,
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, March 22, 2007 4:32 PM
To: Ann P. Jennejohn
Subject: RE: AVESMT-2006-AR-10504 Palazzo Village
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us]
Posted At: Thursday, March 22, 2007 4:06 PM
Posted To: Legals
Conversation: AVESMT-2006-AR-10S04 Palazzo Village
Subject: AVESMT-2006-AR-10S04 Palazzo Village
Hi,
Please advertise the attached on Friday, March 30, 2007.
Thank you,
<<AVESMT-2006-AR-10504.doc>> <<AVESMT 2006-AR-10504.doc>>
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.coll ier. f I.us)
3/22/2007
17 A
1. ,~
April 11, 2007
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Adoption of Resolution No. 2007-81
Petition A VESMT-2006-AR-10504
Dear Legals:
Please advertise the above referenced notice of adoption on Monday, April 17 ,
2007, 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. # 113-138312-649110
17 A
NOTICE OF ADOPTION
Notice is hereby given that on the 10th day of April, 2007, the
Board of County Commissioners of Collier County, Florida, Adopted
Resolution No. 2007-81, RE: Petition AVESMT-2006-AR-10504,
disclaiming, renouncing and vacating the County's and the Public's
interest in a portion of a fifteen foot wide drainage easement recorded
in Official Records Book 1498, page 1042, of the Public Records of
Collier County, Florida and as further described in exhibit 'A'.
Resolution No. 2007-81 may be viewed in the Office of the Clerk to
the Board, Minutes & Records Department, 4th Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Martha Vergara, Deputy Clerk
(SEAL)
17 A .'! ~
Martha S. Vergara
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 11 ,20071 :19 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT10285.txt; Notice of Adoption - Resolution 2007-81
[B
F/l
L:j
ATT10285.txt (231 ~otice of Adoption -
6) Resolutio...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17a~,l of)~ .~
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, April 11, 2007 2:24 PM
To: Martha S. Vergara
Subject: RE: Notice of Adoption - Resolution 2007-81
OK
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJI.Us]
Posted At: Wednesday, April 11, 2007 1:19 PM
Posted To: Legals - NDN
Conversation: Notice of Adoption - Resolution 2007-81
Subject: Notice of Adoption - Resolution 2007-81
Pam,
This one is a Notice of Adoption... with attachments
Thanks
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ex!. 7240
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.
4/11/2007
in Ihe matter of PUBLIC "IOTICE
011.-llAi
_nmlJ
AVESMT.__
NOTICE Of'
PUlUC HEARING
Notice Is hereby th'eft
Ilult tho lOord of countY
Commissioners ot cor.
lIer County wlll hold .
JlUbllC hearinG on Tues-
.... ~I 10, ]007 In the
Boardroom( 3rd f.,lto',
Admlnlstrat on 1MIdIt'It.
C,gWer County Govem.
mint Center, nGl last
Tamlaml 'Trail. N.....,.
Florida-The meeting
will begin at 9:00AM.
The tl1:1e of the pro-
posed Resolutkm, is as
follows:' .
A RESOLUTION OF THE
BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY,
"LORIP~I RELATING To
PETITIO. AVESOolT."
,AR.I05M. OISCLA""ING.
RENOUNCING .AN.DV~-
CATING THE COUNTY'S
AND THE PUBLIC'S IN';
TEREST IN A PDRYION
OF A FIFTEEN ,Fo,OT!
WIDE DRAINAGE EASE,'
MENT REl:ORDIll.1K OJ'.
flCIAL RECORDS 'IOO'K
1498.PAG=1 Of'TI1E
PUBLIC REe 'OW'
COLUER ' ","
DA AND AS NIT A
DESCRIBED 1M' EXKtlIT
"A",
~
NAPLES DAILY 'iEWS
Pubhshcd Daih
Naples. FL .'-1102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned lhc~ scn'c as the authority. personally
appeared 13, Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Napks. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of thc advcrlising. bcing a
PUBLIC NOTICE:
\vas published in said nc\\ spa per I tllne in thc ISSUC
on March JO'h 2007
Aniallt lurt!l..;r says that th" said :'\apks ])ai1~ "'\.::\\S is a lk\\'Spap<':1
puhlish<.:d at :\apks. in said Colli"r County. Florida_ and that the said
newspaper has heretofore been continuousl\ published in said Collier
C{)unt~, Florida~ distrihukd in Collier ilnd J ,et countn;s olTlorida.
each day' and h~lS heen enkr~'d as s.::cund ~'Iass mail maller at the post
oflicc in "arks. in said Collier Count\', l'INida. for a period of I
veal' next preceding Ih.:: fir>;! puhlicatil'l1 ell lilt.: ;lllaehed copy \)1'
ad\'enisemeTlC and aftiant Emh..;]' says Ihat ilt.: has neith.::r paid nor
prumised any person_ firm N L'orporatio!1 any discount. rebak.
commission or r..;j\llld !()r the purpos.:: ofs'::L'llring this ad\ ertis.::m.::nt 1\11'
puhlieation in tht.: said~pcr
----11 .
( Signature of affianl)
NOTE: All PerIOnI,wfsh.
Ing to speak: on' any
:renw1tt, ~ ~"11:
:wra:r of\l:Z
Item to be .dtf.....".
Individual ~'will
~ =tt=.,,~~, " ,,_,
tlonb1'anI 'to
speak on beQlf D .,.
0_11on or_ Is
enCO\olr8~. 'If'~'
. nlz.dby the~..
spokesperson;~r.,.
group or oro~
may be a11ot1id -1O';1fttn-
!J,tes to speak 0* an
Item.
Persons wishing to
have written or gr.aphlc
materials, Ineludecl In
the Board agttnda pack-
~~-..'~~
weeks prior to the reo
spectlve public ~~
'" OIlY ..... wrtllllil mo-
:terhilS, Intended>,~
~. b. .~.m-tteIl 10
" apPrQJ3:rlate county
8 minimum 01 sev-
el'i days prior to the
ebllC hearing. Alima-
...... lA.p......'"
wTtrb~~~~: -:ep:~
nent part of the reCord.
Any person who decld-
~:'=:t1~~
record:'=' _ ,~d-
In.. 'lIIelOlo
and ther." Ort~"Y
need to _"lilt.. ..
vei1tatJm record 0 'the
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r~r
DI~:=::
~rt:;';"-.:J~' ~..-
'-_'>~4-:" ,-~..llt1ill
S" om to and subscribed before me
This 30'" of March 2(1)7
( , Yy\'\\.. \. eLl I Y ~ J (\, \("J) {'~
(Signature of notary public)
.,'~~.~:';'!I;,~" CtlOnel A McDonald
~~i~"-L6+"~P~ r.~y COMMISSION ~ DD21~203 EXPIRES
,,~:, J!~L:J': June 29, 2007
"~~r,~t:,;t:.,- BONDED ,HRU TROY fAIN INSURANCE, :NC
FEI 59-2578327
*** 4011778 OR: 4222 PG: 1443 ***
RECORDED in OlllCIAL RECORDS of COLLIER COURTY, lL
05/02/2001 at 08:11AM DWIGHT E. BROCK, CLERK
REC lBB 10.00
cams 1. 00
Retn:
CLERK TO THE BOARD
IHTBROmCE ITH ILOOR
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OlUGIN4 PQ~~NJS~~~&~ImST &&OUTING SLJ) . , .~ ~ ;
TO ACCONlPANY.ALL p:t{IGINAL DOCUMENTS SENT TO '. .
TH:t noARD OF COUNTY COMMlSSIONER~ OFFJCE FOR SIG;Nf\lJJ
,"",'d
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"a It:e'onfya er'the g'Ollrd'haS tll.k~ acti"~n on the item,')
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office and all other arties exce t the BCC Chairman and the Clerk to the Board
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., dQe~orthfln.t . ted cQ1\tfll'l;tdate w1\ii':'1\evetis a lieable.
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5. In m()st case~ (som~C9l1tracts are"!! exception), the original document and this rpuling slip.
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17 Al..
RESOLUTION NO. 07-...B.L
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-10504,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF A FIFTEEN FOOT WIDE DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1498, PAGE
1042, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Toll Brothers, Inc., has requested the vacation of a portion of a fifteen
foot wide drainage easement recorded in Official Records Book 1498, page 1042
in the Public Records of Collier County, Florida, specifically described in Exhibit
'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of 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 the drainage easements as specifically 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.
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; to publish notice of adoption of this
Resolution within thirty (30) days of adoption; and to record such proofs of
publication as required by Section 336.10, Florida Statutes.
Thfs Resolution adopted after motion, second and majority vote favoring
same..ffilSt. 10 day of ()<{~ ,2007.
~.
"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By d;r{~
JAME OLETTA, CHAIRMAN
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PublIshed D;llj~
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Affidavit of Publication
State of Florida
COllnt\ ofColllcr
Before the lllldcrsi!2,Jlcd IllC'I sene;ls the (]uthoril~. pcrson;!ll~
appeared PJ!iLi.c\\ls. ~\ 110 0[\ O~llh sa~ S 111m the\
ser\c as the [cinar or the I\'(]plcs [);1l1y. a dally 11('\\ spaper
published at :\apJcs. jll Collici" C()iil,[~. Flor;d:L di;;lribukd
111 Collier and Lee C011I1lJCS oC ~-iond;l. tll;Jl IlK ,lll:ichcd lOp!
of the ad\'crtlsmg. being a
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on. April 171:12007
\ffl<l111 furth.:l SCl\-, that 111.: said \apk, j)ail:, \.:\\s is ~IIIL".\"rarC:1
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*** 4011780
OR: 4222 PG: 1447 ***
RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY. FL
05101/1007 at 08:41AM DWIGHT E. BROCK, CLERK
RBC m
coms
17A
10.00
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Retn:
CLERK TO TH! BOARD
INTEROFFICE 4TH FLOOR
EXT 8406
_Is
te'Ne, 2007. the
if!.i..:J1..:. R ,
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BOARD OF COUNTY COMMISStoNERS
CQUJiIl COUNTY,fLORIOA.
*~EC'erk
~17 ..., ~1G.'71t;1
11-8 91
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv" location, etc.)
Other:
***********..***.................**..**..**.**.....****.**..~~... ***..*.*.*.****************.*.*.*.****
Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Melissa Zone ate: RWA I
, nc.
Petition No. (If none, give brief description): PUDZ-2004-AR-6921, Faith ding PUD Dwight Nadeau
6610 Willow Park Drive
Suite 200
Naples, Fla, 34109
Petitioner: (Name & Address):
Walesler, Connie Burke, 1107 W. Marion Ave., Punta Gorda, FL 33950
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attacb separate sheet) Habitat For
Humanity Of Collier County, Inc., 11145 Tamiami Trail East, Naples, FL 34113
Hearing before BCC
BZA
Other
Requested Hearing date:
Aori! 10. 2007
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size:Petition: PUDZ-2004-AR-6921, Habitat for Humanity of
Collier County, Inc., represented by Dwight Nadeau of RW A, Inc. and Connie Burke of Moore & Walesler, is requesting a rezone from
the (RSF-4) Residential Single Family zoning district to the (PUD) Planned Unit Development to allow a 100 percent affordable
housing residential development consisting of both single-family and two-family housing, with a maximum of 175 residential units.
The subject property, consisting of 35.11 acres, is located north of Lake Trafford Road and east of Lake Trafford Pine Estates, in
Section 32, Township 46 South, Range 29 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-6491 JO
No If Yes, what account should be charged for advertising costs:
Reviewed by:
.J~/Y1. /s u. 'HP
./'Department Head
Approved by:
qJ~ 2./0-'7
Date '
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County MaDaKer ageDda 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: ~~ate of Public hearing: ~ate Advertised: ~ O~
17 B
ORDINANCE NO. 07
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RESIDENTIAL
SINGLE-FAMILY "RSF-4" TO "RPUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT KNOWN AS FAfTII
LANDING, FOR PROPERTY LOCATED NORTH OF
LAKE TRAFFORD ROAD (CR-890) AND EAST OF
LAKE TRAFFORD PINE ESTATES, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.11'" ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau or RWA Inc., representing Habitat for Humanity of Collier
County Inc., petitioned the Board ofCmmty Commissioners to change the zoning classification of
the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 46 South, Range 29 East, Collier County, Florida, is changed from "RSF-4" to "RPUD"
Residential Planned Unit Development in accordance with the RPUD Document, attached hereto
as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
Deputy Clerk
BY:
JAMES COLETTA, CHAIRMAN
178 q
FAITH LANDING RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING FAITH LANDING RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11145 T AMIAMI TRAIL EAST
NAPLES, FLORIDA 34113
PREPARED BY:
n"W~iINc.
~NSt~Ik!
.... '- 'I' 'I'..L ....
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
0:\2003\030108.00.0) Habitat-Faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 2.5-07 (c1can).doc
17B'
TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statemenl of Compliance
Section I Property Ownership and Legal Description
Section II Project Development Requirements
Section 1II Residential Development Standards
Section IV Recreation Area
II
Section V
Section VI
Preserve Area
Development Commitments
I-I
II-I
1II-1
IV-I
V-I
VI-1
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 2.5-07 (c1ean).doc
17a H
LIST OF EXHIBITS
EXHIBIT "A"
RPUD MASTER PLAN
0:\2003\030] 08.00.0] Habitat-faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 2-5-07 (clean).doc
STATEMENT OF COMPLIANCE
The development of approximately 35.11 acres of property in Collier County, Florida as a
Residential Planned Unit Development (RPUD) to be known as Faith Landing RPUD will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the
Immokalee Area Master Plan (IMAP), as amended, located within the Collier County Growth
Management Plan (GMP), as amended. The residential uses and recreational facilities of the
Faith Landing RPUD are consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives of each of the element of the GMP and the
Immokalee Area Master Plan located therein for the following reasons:
I. The subject property is located within the area identified in the lmmokalee Area Master
Plan (lAMP). Objeclive II. I of the lAMP states future land use designations, Districts,
and Sub-districls are binding on all development order requests within the boundaries of
the lmmokalee Area Master Plan, and supersede those identified in Objective I of the
County-wide Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
The Land Use Designation Description Section allows for residential densities of less
than or equal to eight (8) dwelling units per gross acre for the High Residential District
(21.9 acres X 8 DU/A: 175.2 DUs) and less than or equal to four (4) dwelling units per
acre for the Low Residential District (13.2 acres X 4 DU/A : 52.8 DUs). The proposed
gross density of the project is 4.98 dwelling units per acre (175 DUs / 35.11 acres: 4.98
DU/A). The density proposed on lands designated High Residential District is 3.83
dwelling units per acre, which is well below the density cap of 8 dwelling units per acre.
The density proposed on lands designated Low Residential District is 6.89 dwelling units
per acre, which is greater than Ihe established density cap of 4 dwelling units per acre.
The Special Provisions of the Land Use Designation Description Section provides for a
density bonus when a proposed project intends to provide "affordable housing" as
specified in Chapter 2,06. of the Collier County Land Development Code. Additional
density is made possible through the application for an Affordable Housing Density
Bonus agreement submitted to the County. These density bonus provisions are proposed
to be utilized to add 2.89 dwelling units per gross acre to the Low Residential District
designated lands in the RPUD. The subject project is eligible to receive a density bonus
of 8 dwelling units per gross acre, as demonstrated in the companion Affordable Housing
Density Bonus Agreement, added to the base density of 8 dwelling units per acre within
the High Residential District and 4 dwelling units per acre in the Low Residential
District. The proposed density of 4.98 dwelling units per acre is less than the 16 and 12
dwelling units per acre provided for by the lmmokalee Area Master Plan, and is therefore
consistent with the FLUE, Policy 5. I ofthe Collier County GMP
2. The uses and proposed density are consistent with the Land Use Designation Description
Section for both High Density Residential and Low Density Residential within the
Immokalee Area Master Plan,
3. The location of the subject property is consistenl with Policy II.J.4 of the lmmokalee
Area Master Plan, and is within walking distance to the Neighborhood Center located at
the intersection of Lake Trafford Road and S.R. 29.
4. The proposed project provides for affordable housing as defined by the Collier County
GMP and is consistent with Objective 1 of the Housing Element of the County Plan and
Policy II!.3.3 of the Immokalee Area Master Plan.
ii
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\OO04 Rezoning\Faith Landing RPUD 2-5-07 (clean).doc
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Faith Landing RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,
COUNTY OF COLLIER, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST; THENCE N.89015'34"E., ALONG THE
NORTH LINE OF SAID SECTION 32, FOR 1,328.41 FEET; TO THE EAST LINE OF
THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER. OF SAID
SECTION 32; THENCE S.00043'23"E., ALONG SAID EAST LINE FOR 705.97 FEET
TO A POINT AT THE NORTHEAST CORNER OF TRAFFORD PINE ESTATES.
SECTION ONE AS RECORDED IN PLAT BOOK 10, PAGES 99-100, OF THE
PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE
S.89020'I9"W., ALONG THE NORTH LINE OF LOT 31, BLOCK 4, AND THE
NORTH RIGHT OF WAY LINE OF NORTH 18TH STREET, OF SAID PLAT OF
TRAFFORD PINE ESTATES, FOR 159.70 FEET TO THE NORTHWEST CORNER
OF SAID NORTH 18TH STREET; THENCE N.00043'08"W., FOR 261.31 FEET TO A
POINT OF CURVATURE; THENCE NORTHWESTERLY 39.27 FEET ALONG THE
ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS
OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 89059'36" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.45042'56"W. FOR 35.35 FEET;
THENCE S.890I7'16"W" FOR 437,85 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 39.30 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET
THROUGH A CENTRAL ANGLE OF 90003'32" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.440I5'30"W. FOR 35.37 FEET; THENCE S.00046'16"E.,
FOR 586,21 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY
39.23 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF
89055'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.45043'47"E.
FOR 35,33 FEET; THENCE N.89018'43"E., FOR 105.04 FEET TO THE NORTHWEST
CORNER OF CUSTER A VENUE, AND THE SOUTHWEST CORNER OF TRACT
"B" AS SHOWN ON SAID PLAT OF LAKE TRAFFORD ESTATES SECTION ONE;
I-I
0:\2003\030108.00.01 Habitat-FaiUt Landing Zoning\Q004 Rczoning\Faith Landing RPUD 2-5-07 (c1ean).doc
178
THENCE ALONG THE WEST LINE OF SAID PLAT OF LAKE TRAFFORD
ESTATES SECTION ONE, THE FOLLOWING SEVEN (7) CALLS:
THENCE S.00051'13''E., FOR 30.06 FEET;
THENCE N.89033'00"E., FOR 7.00 FEET;
THENCE S.00040'36''E., FOR 389.91 FEET;
THENCE S,89015'03"W., FOR 556.29 FEET;
THENCE S.00048'04''E,, FOR 359,84 FEET;
THENCE N.890I8'41 "E., FOR 97.78 FEET;
THENCE S.00041'1O''E., FOR 160.22 FEET TO A POINT AT THE SOUTHWEST
CORNER OF LOT 4, BLOCK 7, OF SAID PLAT OF LAKE TRAFFORD PINE
ESTATES SECTION ONE; THENCE S.89016'59"W., FOR 357.52 FEET TO THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE
N.00047'23''W,, ALONG SAID NORTHEAST QUARTER OF SECTION 32, FOR
1,995.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,529,323 SQUARE FEET, OR 35.11 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST AS HAVING AN ASSUMBED BEARING OF
N.89015'34"E.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF
WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN),
1.3 PROPERTY OWNERSmp
The subject property is owned by:
Habitat for Humanity of Collier County, Inc. (Folio: 00073520009)
1.4 DEVELOPER
The Faith Landing RPUD is intended to be developed by Habitat for Humanity of Collier
County, Inc., all reference to the "Developer" as may be contained in this RPUD
Document shall mean Habitat for Humanity of Collier County, Inc., unless, and unlil the
subject property described and depicted in this RPUD Document is conveyed, or
assigned. It is the responsibility of Habitat for Humanity of Collier County, Inc. to notify
Collier County, in writing, of the land conveyance, or assignment of the subject property
described and depicted in this RPUD Document within six months from the actual
conveyance, or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in the north half of Section 32, Township 46 South,
Range 29 East. The proposed project site is presently undeveloped, but has been
disturbed on portions of the property by clearing and off-road vehicle use. Historically
timbering and cattle grazing have occurred on the property. The property's jurisdictional
wetlands have been infested with exotic species, The property is generally without
topographic relief, with elevations ranging from 32' to 36' above mean sea level. The site
contains areas of jurisdictional wetlands that are characterized as transilional wetlands in
which the predominant vegetation is a mix of Brazilian Pepper, Wax-MyrtlelWillow, and
wetland shrub, and associated upland and wetland plants.
1-2
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\OOO4 Rezoning\Faith Landing RPUD 2-5-07 (clean).doc
178 !i
The water management system consists of approximately 3.1 acres of water management
areas that will receive runoff from structures and parking areas. Runoff is collected by
catch basins and culvert systems for conveyance to the project's internal lake system.
The proposed conceptual surface water management plan will incorporate best
management practices for above ground surface water treatment and storage prior to
discharge. The collected surface water will discharge into existing jurisdictional wetland
located at north of the project and proceed northward, under Westc10ck Road.
1.6 PROJECT DESCRIPTION
The Faith Landing RPUD shall be a 100 percent affordable housing residential
development consisting of both single-family housing and two-family housing. Each unit
is intended to be sold fee simple, including the platted lot upon which the residential unit
is located. The amenities proposed as developer commitments to be provided in the
project include children's playground facilities, lake(s), natural and landscaped open
spaces, and a variety of passive (native preserves) and active recreational opportunities.
Access to the property will be from proposed extensions to the following platted streets:
Eden Avenue (P.B. 4, Pg. 70), and Custer Avenue, North 18th Street, and Lincoln Avenue
(all in P.B. 10, Page 99). Given that the proposed project will be constructed in a
predominantly developed residential neighborhood, the provisions and commitments of
this RPUD and associated RPUD Master Plan will ensure compatibility with existing
residences.
Each residenlial unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Faith Landing Residential Planned Unit
Development Ordinance".
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178
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The pUrpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County Ordinances, the respective land uses of
the Faith Landing RPUD development, as well as other project relationships.
2,2 GENERAL
Regulations for development of the Faith Landing RPUD shall be in accordance with the
contents of this document, the RPUD-P1anned Unit Development District and other
applicable sections and parts of the Collier County LDC and GMP in effect at the time of
building permit application. Where these RPUD regulations fail 10 provide
developmental standards, then the provisions of the most similar districl in the County
LDC shall apply.
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17a
)' 1
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TYPE UNITSfFT. ACREAGE:t
TRACT "R" RESIDENTIAL 175 26.49
TRACT "RA" RECREATION AREA 0 0.19
TRACT "P" PRESERVE 0 8.42
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes, Such areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit "A".
Minor modification to all tracts, lakes or other boundaries may be permitted at the
time of Final Plat or Site Development Plan approval, subject to Ihe provisions of
the LDC, or as otherwise permitted by this RPUD document.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 175 residential dwelling units may be construcled in the total projecl area.
The gross project area is approximately 35.11 acres. The gross project density, therefore,
will be a maximum of 4.98 dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
All required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the RPUD Master Plan and the Collier
County LDC.
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2,6 LAKE SETBACK AND EXCAVATIONS
A. Removal offill from the Faith Landing RPUD shall be limited to an amount up to
ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume
excavated unless a commercial excavation penn it is received.
B, Lake Side Slopes: A maximum four to one slope shall be graded from the
existing grade to a breakpoint at least five feet below the control elevation.
Below this breakpoint, slopes shall be no steeper than two to one. Deviation #1
from Section 22-] 12(b) of Ordinance No. 04-55, of the Collier County Code of
Laws and Ordinances, to allow lake side slope breakpoint elevation to be five feet
below control elevation, rather than 10 feet below the control elevation.
2.7 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 60-foot right-of-way, and shall be
public streets owned and maintained by Collier County.
B. Utilization of lands within all project rights-of-way for landscaping, decorative
enlranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administralor, or his designee, for engineering and safety considerations
prior to installation.
2.8 CONSTRUCTION OPERATION FACILITIES
Temporary uses for construction staging and administration shall be permitted anywhere
within Tract "R", or Tract "RA" in the Faith Landing RPUD subject to the requirements
of the LDC.
2.9 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the GMP and LDC, a minimum of 7.87 acres (25% of the native vegetation
on site) are required to be retained or replanted. The two preserves, Tract "P", contain a
total of approximately 8.42 acres, For the purposes of this RPUD, the Preserve Tracts
will fully satisfy the native vegetation requirements of Collier County.
Native vegetation areas do nol include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
The southern native preserve shall be enhanced Ihrough landscaping with native plants,
and scrub oaks where there is less than 3-4 of these trees per acre. The planting of perch
trees (over 30 feet mature height), shall be avoided.
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17 B
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Masler Plan, Exhibit "A". Infrastructure,
perimeter land use buffers, as well as project signage will occur within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 175 dwelling
units and be developed consistent with the project's AHDB agreement.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following uses:
A. Principal Uses:
1) Single-family attached dwellings (including two-family housing intended
for fee simple conveyance including the platted lot associated with the
residence).
2) Single-family detached dwellings.
B. Accessory Uses:
Customary accessory uses and structures including, but not limited 10 private
garages, swimming pools with, or without screened enclosures, and other outdoor
recreation facilities.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Homeowners' association boundaries shall not be
utilized for determining development standards.
B. LANDSCAPE: Project shall be landscaped with native scrub oaks (three to four
per acre) and other native plants. Planting of perch trees (over thirty feet malure
height) shall be avoided.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE- SINGLE-
STANDARDS F AMIL Y FAMILY
DETACHED ATTACHED
TWO-FAMILY
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F.
MINIMUM LOT WIDTII 40 FEET 25 FEET
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F.
MIN FRONT YARD 16 FEET 16 FEET
MIN SIDE YARD 7.5 FEET o FEET or
6 FEET
MIN REAR YARD 15 FEET 15 FEET
MINPRESERVESETBACK 25 FEET 25 FEET
MIN. D1ST.
BETWEEN STRUCTURES 15 FEET 12 FEET
MAX. BLDG. HT. I STORY 1 STORY
NOT TO EXCEED 25 FEET 25 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S.
SIDE S.P.S. S.P.S
REAR (ATTACHED) 5 FEET 5 FEET
(DETACHED) 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET
MIN. D1ST.
BETWEEN STRUCTURES 15 FEET 12 FEET
MAX. BLDG. HT. I STORY I STORY
NOT TO EXCEED 25 FEET 25 FEET
S.P.S.: Same as Principal Structures.
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17 B
Notes:
1)
The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement.
2)
No structures are permitted in the required, 20 foot lake maintenance easement.
3) A 15-100t wide setback must be maintained from any structure to any project
perimeter property line.
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----,~-_.._._.__._.,..
17B--:~
SECTION IV
4,} PURPOSE
RECREATION AREA
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recrealion Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
I) Structures intended to provide social and recreational space;
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features;
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC at the time of
the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping,
4.4 DEVELOPMENT STANDARDS
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures.
Homeowners' association boundaries shall not be utilized for determining development
standards. Development standards for Tract RA are contained in Table II in this document.
There shall be a minimum of 20 feet separation of recreational building(s) from all
residenlial units.
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17 B
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I
SECTION V
PRESERVE AREAS
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Areas on Exhibit "A", RPUD Master Plan. The primary function and purpose
of these Tracts is to preserve and protect vegetation and naturally functioning habitats, such
as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
Open spaceslNature preserves.
Accessory Uses:
I ) Water management structures.
2) Mitigation areas.
3) Hiking trails (pervious only), boardwalks, shelters with pervious base, or
other such facilities constructed for the purposes of passage through or
enjoyment of the site's natural attributes, subject to approval by permitting
agencies. Any trails or other uses in the preserve shall not decrease the native
vegetation retention to less than that required in Section 2.13 of this
document.
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:/
SECTION VI
DEVELOPMENTCOMMUTMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6,2 GENERAL
The Developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property, In addition, any successors or assignee in title to
the Developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a homeowners' association to be created by the developer.
Upon assignment or delegation, the Developer shall be released from responsibility for the
commitments,
6,3 TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance wilh Florida Department of Transportation (FOOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current
edition, All other improvements shall be consistent with and as required by the
Collier County Land Development code (LDC).
B. Arterial level street lighting shall be provided at all access points, Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C, Access points, including both driveways and proposed streets, shown on the PUD
Master Plan are considered to be conceptual. Nothing depicted on any such Master
Plan shall vest any right of access at any specific point along any property frontage.
All such access issues shall be approved or denied during the review of required
subsequent site plan or final plat submissions. All such access shall be consistent
with the Collier County Access Management Policy (Res. 01-247) as it may be
amended from time to time, and with the Collier County Long-range Transportation
Plan, The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered unless a
PUD Amendment is to be processed.
D. Site-related improvements (as apposed to system-related improvements) necessary
for safe ingress and egress to this project, as determined by Collier County, shall not
be eligible for impact fee credits. All required improvemenls shall be in place and
available to the public prior to the issuance of the first CO.
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. ^....~----
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E. Road impact fee shall be paid in accordance with Collier County Ordinance 01-13,
as amended, and Division 3.]5. LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended, and
the LDC, as it may be amended. CoIlier County reserves the right to modifY or close
any median opening existing at the time of approval of this PUD which is found to
be adverse to the health, safety and welfare of the public. Any such modifications
shall be based on, but are not limited to, safety, operational circulation, and roadway
capacity.
H. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of
ingress, a point of egress or a median opening, nor the lack Ihereof, shall be the basis
for any future cause of aclion for damages againsl the County by Ihe developer, its
successor in title, or assignee.
I. All internal roads, sidewalks and interconnections to adjacent developments shall be
operated and maintained by CoIlier County, and the developer shall have no
responsibility for maintenance of any such facilities. The project roadways shall be
designed consistent with the Collier County Land Development Code.
J. ]f required turn lane improvement requires the use of existing County right-of-way
or easement, compensating right-of-way, shall be provided wilhout cost to Collier
County as a consequence of such improvement.
K. ]f, in the sole opinion of Collier County, a Iraffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
CO.
L. Adjacent developments have been designed to provide shared access or inter
connections with this development. The PUD Master Plan indicates these localions.
The developer, or assigns, shall assure that any such shared access or interconnection
is utilized and shall accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants or plat.
6.4 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and unlil Planning Services Staff grants approval of the proposed construction
in accordance with the approved plans.
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_._+-,._-,._-----....__.-._"'--"--~~_.<---~._-_.._._-,~,-,-,..
17B
B. An excavation permit will be required for the proposed lakes in accordance with the
Collier County LDC and South Florida Water Management District Rules,
C. The project must obtain a Surface Water Management Permit from the South Florida
Water Management District prior to any site development plan approval.
6,5 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage colleclion and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 04-5], as may be amended, and other
applicable County rules and regulations.
6.6 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Staff, Removal of exotic vegetation shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands.
B. All Category] invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
C, All conservation areas shall be designated as conservation/preservalion tracts or
easements on all construction plans, and shall be recorded on the plat with protective
covenants per, or similar to, those found in Section 704.06, of the Florida Statutes.
Conservation areas shall be dedicated on the plat to the project's homeowner's
association or like entity for ownership and maintenance responsibility and to Collier
County with no responsibility for maintenance. All setbacks and buffers shall be
provided in accordance with LDC Sections 3,05.07.H.I.d., and 3.05.07.H.3.
D. Existing areas in designated preserves that do not meet the native vegetation
definilion shall be replanted with native vegetation, The replanting plan shall be
subject to review and approval by Environmental Services Staff prior to SDPIPPL
approval.
E. Where possible, natural buffers shall be provided around wetlands, extending at least
fifteen (15) feet landward from the edge of the wetland preserves in all places, and
average twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not possible, structural buffers shall be provided in accordance with the
State of Florida Environmental Resource Permit Rules.
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._......_--'-'"._"--~-,....,._-""-
178
F. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts
to protected species. A habitat management plan for those species shall be submitted
to Environmental Review staff for review and approval prior to site plan approval.
G. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval. This plan shall be implemented on a yearly basis at
minimum, or more frequently when required to effectively control exotics, and shall
include methods and a time schedule for removal of exotic vegetation from within
conservation/preservation areas.
H The RPUD shall be consistent with the environmental sections of the Collier
County GMP, Conservation and Coastal Management Element and the Collier
County LDC in effect at the time of final development order approval.
I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final Plat/Construction Plan approval.
J. A Gopher tortoise re10cation/managemenl plan and scrub jay management plan shall
be submitted for review and approval at the lime of final construction plan submittal.
K. Compensation for the loss of suitable Florida panther habitat within the Florida
panther consultation area through preservation and restoration of appropriate offsite
habitat shall be addressed to USFWS and FFWCC requirements prior to final
SDP/PPL approval.
L. Wetland habitat loss due to wetland impacts of this project shall be functionally
replaced within the core foraging area of the four affected woodstork colonies, The
applicant shall provide evidence of this replacement prior to SDP/PPL approval
M. "Draft Standard Protection Measures for the Eastern Indigo Snake (Service 2002)"
shall be used during any site preparation and project construction. These protection
measures shall be included in site/construction plans prior to County approval.
6.7 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structures. A construction operation/management office may be constructed
after zoning approval.
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17 B
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178
February 26, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ -2004-AR-6921, Faith Landing PUD
Dear Legals:
Please advertise the above referenced notice on Sunday, March 25, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you,
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 113-138312-649110
17 B
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, April 10, 2007, 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 NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RESIDENTAIL SINGLE-FAMILY URSF-4"
TO URPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT KNOWN AS FAITH
LANDING, FOR PROPERTY LOCATED NORTH OF LAKE TRAFFORD ROAD (CR-
890) AND EAST OF LAKE TRAFFORD PINE ESTATES, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 35.11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
PUDZ-2004-AR-6921, HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.,
represented by Dwight Nadeau of RWA, Inc. and Connie Burke of Moore &
Waksler, is requesting a rezone from the (RSF-4) Residential Single
Family zoning district to the (PUD) Planned Unit Development to allow
a 100 percent affordable housing residential development consisting
of both single-family and two-family housing, with a maximum of 175
residential units. The subject property, consisting of 35.11 acres,
is located north of Lake Trafford Road and east of Lake Trafford Pine
Estates, in Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
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
17 B
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
CUlJ,pfyofCo llier
CLERK. OF THEClRCUIT COURT
COLLIER COUNTY CpURT~OUSE
3301 TAMIAMI TJ,iAIL EAoST
P.O. BOX 4f~044 ..
NAPLES, FLORIDA~.4101-3d44
l ~ .."
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 26, 2007
Waksler,
Connie Burke
1107 W, Marion Ave,
Punta Garda, FL 33950
Re: Notice of Public Hearing to consider Petition
PUDZ-2004-AR-6921, Faith Landing PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E, BROCK, CLERK
~~J~
Teresa Dillard,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.n.us
Fax - (239) 775-2755
Email: coIlierclerk@c1erk.collier.n.us
17 B
Dwight E. Brock
Clerk of Courts
Guijpty-ofC{)llier
CLERK OF TH'8CIRCUIT COURT
COLLIER COUNTYgoURT~OUSE
3301 TAMIAMI TKAIL EA~T
P.O. BOX 4 i~044 \,
NAPLES, FLORIDA ~.1101-3d44
-,
v..-
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 26, 2007
Habitat For Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
Re: Notice of Public Hearing to consider Petition
PUDZ-2004-AR-6921, Faith Landing PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007.
You are invited to attend this public hearing,
Sincerely,
DWIGHT E, BROCK, CLERK
~c
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerkuvclerk.collier.fl.us
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
PUDZ-2004-AR-6921
Attachments:
PUDZ-2004-AR-6921 ,doc; PUDZ-2004-AR-6921 ,doc
Legals,
Please advertise the following on Sunday March 25, 2007. Any questions, please contact me.
Thank you
~
~
PUDZ-2004-AR-692 PUDZ-2004-AR-692
l.doc (27 KB) l.doc (28 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239.774.8411
(Teresa.Dillard@clerk.collier.fl.us)
1
1+-8
17 B
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, February 26, 2007 11:40 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT803636.txl; PUDZ-2004-AR-6921
t':1,.....
~
o
ATT803636,txt
(231 B)
PUDZ-2004-AR-692
1
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
17 B
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, February 26, 2007 1 :56 PM
Teresa L. Dillard
Delivered: PUDZ-2004-AR-6921
Attachments:
PUDZ -2004-AR-6921
r:"" """]",
U
PUDZ-2004-AR-692
1
<<PUDZ-2004-AR-6921>> Your message
To:
Subject:
Sent:
legals@naplesnews.com
PUDZ-2004-AR-6921
Mon, 26 Feb 2007 11:39:29
-0500
was delivered to the following recipient(s):
legals, NDN on Mon, 26 Feb 2007 13:55:43 -0500
1
PUDZ-2004-AR-6921
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Monday, February 26, 2007 2:03 PM
Teresa L. Dillard
Subject: RE: PUDZ-2004-AR-6921
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Monday, February 26, 2007 11 :39 AM
To: legals@naplesnews.com
Subject: PUDZ-2004-AR-6921
Legals,
Please advertise the following on Sunday March 25, 2007. Any questions, please contact me.
Thank you
<<PUDZ-2004-AR-6921.doc>> <<PUDZ-2004-AR-6921doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239.774.8411
(Teresa.Dillard@clerk.collier.fl.us)
2/26/2007
Page 1 of 1
17B
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on March 25'" 2007
Affiant further says that the said Naples Daily ~'ews is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication oflhe attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, fino or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
J.---\
(c.............'t"...o "'-fn-f..........'
'I. ......0'..................... ............uuJ
Sworn to and subscribed before mc
This 25th of March 2007
('.\ "i, ", \ (_,~__\ \\~'\")'l ,\, Lcll'C
(Signature of nOlary 'public) ,
Chanel A. McDonald
MY COMMISSION # D0210203 EXPIRES
June 29. 2007
SOf~[)Ef'THPl"ROYLtININSiJPANCE, INC
FE1 59-2578327
8118 IQlIIilHIIJ
..... JJI
a~~o'
EI!_,",E
Notice Is hereby .Iven
llloI on Tf/UO~Y, April
10, 2007. Ii1 tIJe hard'
roolII. ~ Floor, ....."In-
Istratton eulldlnG, Col.
n... __enl
_,3IGI _ Twe'
mI",..I,N......._
tt'r.",oard of Cotmty
C_11OlOneB "'III ....
'Ildef tht. ..,aotment of
t..l;o, , ""I. ~,... .,.,
,,~ ....It.. w _
E-- (!IlIII-
tofIM ' ..:'
d flu OWl:
AN _NeE AMEND- ;
mQ ,O.OtNANe. .EN_~"'"
... ......1. AS ~
10, THE CQI,(;IElI .
TV LANO DEVEL
CODE. WHIC
. T""'CO
ZONING.
FOll, THE
tlATlD_
COUNMTY F
A.....N G TH
PIlIATE 0>11
MAP OR M-AIiJ.
C_~~j
C~TION 'THE
~mI_ '
~J!~T8't' '., Y
DEN-TIAL 'P. _ _ -_
DEVl~OPMENT K!I9YIN
AS .fAITH ~ANOlNlL FOIl
P.OPERTV ~OC=A" ED
NORTH:OF LAK' ' - .
FORD ROAD i!R'''')
AND EAST O~ UKE
TR~F'O.O PI,. U-
TATES. IN SECTl 32,
TOW,HSHIP 4. nt
"21~
StSTING OF 3
ACII!Sl BY
INGAN
~UO'2,". 4.A..,.....l2."... '
~T FOIl H
o - OLL,IER C - ,Y,
b':.iiI,{~~te
........
, '. .r,~
",'t.~enll.'
F"'II~ '1Ill\~
t':.,1 ~e~.r.p-
1'nIi:It: a!fOw a 100 per.
cent ....Ie hO""n~
._4dw.~lat ....d~.....
.""',... Iat,' I'JIe 01 bOth .In-
U_y llnd two-feml-
",__eme,d-
"'Ijm' ., 115 re.ldentl"
""ItS. The '"bJO<t ,,",p.
.rtY.conll~...of ..11
e._ I. located north
of Lake rra"ordRoad
ami easl 01 ~eke Trol-
ford Pine !Slel.., In
Seet10ft 32, Town'hlp 46
.south, Range 29 East,
Collier CouI1ty,Florlda.
17B
Copies of the proposed
OrCtIQanCe, .afi on fUe
w~ h,;tmo. '.:\: 1m, Et."he
BO;I.nr'jNfare , _,
101.,'.._.
estod' iN
to. tiO_.
NQfE' All
wJehlrlt '"',
terl't
m '
PEhonl Wlshlng~' ht,ve
written or' grQ ,ma.
terl.1I IncIUded,_ n the
Bpard','aoenlfa _at!kets
. mU.lt IUbmlt Hldma.
tarlal a mlnllnum of 3
~ks prior to, the reo
_.. ""b~.
trm. ~nded to ~
oons~.~ lhe,_
S:=d\~
tn. dIY' 'p.rlor to the
DUbIfc.- he8npg. AU ma.
tittlal used In presenta-
tlDns before the, laard
wtll become '. perma.
_.....oIt11eretOrd.
~ person who dec:lde.
"tOm' l.~of
1M "''"=~
=. ,:i~FJ.ereto ~
tr;i.r- i may need to
ii1!'fii
R@~-
80ARD OF COUNTY
COMMISSlONEllS
COLLIER COUNTY,
FloRIDA
fG-;,,~-i:.C:~i:
. Tima Dillard.' Dep-
Clerk
ar. ~ No. 1529667
ORIGINAL DOCUMENTS CHECKLIST & ROUTING JL~ B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tdo
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to thc Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line througt routLng lines # 1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
' (List in routine: ord~
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 oCthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 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 Melissa Zone Phone Number 213-2958
Contact
Agenda Date Item was 4/10/2007 Agenda Item Number 17-B
Approved by the BCC
Type of Document Ordinance and CPUD Document S Number of Original
Attached /,)'l-~ Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a TO 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 ossib1 State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed' on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 n the attached document, The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licab1e)
Yes
(Initial)
2.
3.
4.
5.
6.
I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
178
ORDINANCE NO. 07 35
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RESIDENTIAL
SINGLE-FAMILY "RSF-4" TO "RPUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT KNOWN AS FAITH
LANDING, FOR PROPERTY LOCATED NORTH OF
LAKE TRAFFORD ROAD (CR-890) AND EAST OF
LAKE TRAFFORD PINE ESTATES, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.1H ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau or RW A Inc., representing Habitat for Humanity of Collier
County Inc., petitioned the Board of County Commissioners to change the zoning classification of
the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 46 South, Range 29 East, Collier County, Florida, is changed from "RSF-4" to "RPUD"
Residential Planned Unit Development in accordance with the RPUD Document, attached hereto
as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this It) day of aDIZrL ,2007.
- ,
;{~ . '~>.~ f"., ~
ATTEST: ,
DW4GijT E,BROCK: CLERK.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Atun s well<< ~nIl4IlD&
Signature 0fI1~
Approved as to form
and legal sufficiency
BYJ~d~N
~r~.d'" ))1 -.It-(..LiLLtd -:Jt{..J.~
Marjori ' M. Student-Stirling ,
Assistant County Attorney
FAITH LANDING
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING FAITH LANDING RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11145 TAMIAMI TRAIL EAST
NAPLES, FLORIDA 34113
PREPARED BY:
nWTA~C
CONSULTING
...... 'IlL Y y..L ....
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
03/01107
Exhibit "A"
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 04-02-07(c1ean).doc
., 7B
176
TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section I Property Ownership and Legal Description
Section II
Section III
Section IV
Section V
Section VI
11
Project Development Requirements
Residential Development Standards
Recreation Area
Preserve Area
Development Commitments
I-I
II-I
III-I
IV-I
V-I
VI-I
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 04-02-07(clean).doc
-"--"._"~'_._'-"'" .._-,._--_._-~
EXHIBIT "A"
LIST OF EXHIBITS
RPUD MASTER PLAN
0:\2003\030108.00.01 Habitat-Faith LandingZoning\0004 Rezoning\Faith Landing RPUD 04-02-07(c1ean).doc
178
STATEMENT OF COMPLIANCE
I7E
The development of approximately 35.11 acres of property in Collier County, Florida as a
Residential Planned Unit Development (RPUD) to be known as Faith Landing RPUD will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the
Immokalee Area Master Plan (IMAP), as amended, located within the Collier County Growth
Management Plan (GMP), as amended. The residential uses and recreational facilities of the
Faith Landing RPUD are consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives of each of the element of the GMP and the
Immokalee Area Master Plan located therein for the following reasons:
I. The subject property is located within the area identified in the Immokalee Area Master
Plan (IAMP). Objective II.! of the IAMP states future land use designations, districts,
and sub-districts are binding on all development order requests within the boundaries of
the Immokalee Area Master Plan, and supersede those identified in Objective I of the
County-wide Future Land Use Element (FLUE) of the GMP. The Land Use Designation
Description Section allows for residential densities of less than or equal to eight (8)
dwelling units per gross acre for the High Residential District (2\.9 acres X 8 DU/A =
175.2 DUs) and less than or equal to four (4) dwelling units per acre for the Low
Residential District (13.2 acres X 4 DU/A = 52.8 DUs). The proposed gross density of
the project is 4.98 dwelling units per acre (175 DUs / 35.11 acres = 4.98 DU/A). The
density proposed on areas designated High Residential District is 3.83 dwelling units per
acre, which is well below the density cap of 8 dwelling units per acre. The density
proposed on areas designated Low Residential District is 6.89 dwelling units per acre,
which is greater than the established density cap of 4 dwelling units per acre. The Special
Provisions of the Land Use Designation Description Section provides for a density bonus
when a proposed project provides affordable housing as specified in the Collier County
Land Development Code (LDC). Additional density is made possible through the
application for an Affordable Housing Density Bonus Agreement submitted to the
County. These density bonus provisions are proposed to be utilized to add 2.89 dwelling
units per gross acre to the Low Residential District designated lands in the RPUD. The
subject project is eligible to receive a density bonus of 8 dwelling units per gross acre, as
demonstrated in the companion Affordable Housing Density Bonus Agreement, added to
the base density of 8 dwelling units per acre within the High Residential District and 4
dwelling units per acre in the Low Residential District. The proposed density of 4.98
dwelling units per acre is less than the 16 and 12 dwelling units per acre provided for by
the Immokalee Area Master Plan, and is therefore consistent with the FLUE Policy 5.1 of
the GMP.
2. The uses and proposed density are consistent with the Land Use Designation Description
Section for both High Density Residential and Low Density Residential within the IAMP.
3. The location of the subject property is consistent with Policy II.\.4 of the IAMP, and is
within walking distance to the Neighborhood Center located at the intersection of Lake
Trafford Road and S.R. 29.
4. The proposed project will provide for affordable housing as defined by the Housing
Element of the Collier County GMP and is consistent with Objective I of the Housing
Element of the GMP and Policy III.3.3 of the IAMP.
11
0:\2003\030108.00.01 Habitat-Faith Landing Zoning\0004 Rezoning\Faith Landing RPUD 04-02-07(c1ean).doc
178
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Faith Landing RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,
COUNTY OF COLLIER, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST; THENCE N.89015'34"E., ALONG THE
NORTH LINE OF SAID SECTION 32, FOR 1,328.41 FEET; TO THE EAST LINE OF
THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF SAID
SECTION 32; THENCE S.00043'23"E., ALONG SAID EAST LINE FOR 705.97 FEET
TO A POINT AT THE NORTHEAST CORNER OF TRAFFORD PINE ESTATES,
SECTION ONE AS RECORDED IN PLAT BOOK 10, PAGES 99-100, OF THE
PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE
S.89020'19"W., ALONG THE NORTH LINE OF LOT 31, BLOCK 4, AND THE
NORTH RIGHT OF WAY LINE OF NORTH 18TH STREET, OF SAID PLAT OF
TRAFFORD PINE ESTATES, FOR 159.70 FEET TO THE NORTHWEST CORNER
OF SAID NORTH 18TH STREET; THENCE N.00043'08"W., FOR 261.31 FEET TO A
POINT OF CURVATURE; THENCE NORTHWESTERLY 39.27 FEET ALONG THE
ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS
OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 89059'36" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.45042'56"W. FOR 35.35 FEET;
THENCE S.89017'16"W., FOR 437.85 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 39.30 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET
THROUGH A CENTRAL ANGLE OF 90003'32" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.44015'30"W. FOR 35.37 FEET; THENCE S.00046'16"E.,
FOR 586.21 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY
39.23 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF
89055'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.45043'47"E.
FOR 35.33 FEET; THENCE N.89018'43"E., FOR 105.04 FEET TO THE NORTHWEST
CORNER OF CUSTER A VENUE, AND THE SOUTHWEST CORNER OF TRACT
"B" AS SHOWN ON SAID PLAT OF LAKE TRAFFORD ESTATES SECTION ONE;
I-I
O:\2003\030108.00.01Ifabitat-Faith LandingZoning\0004 Rezoning\Faith Landing RPUD 04-02-07(clean).doc
THENCE ALONG THE WEST LINE OF SAID PLAT OF LAKE TRAFFORD
ESTATES SECTION ONE, THE FOLLOWING SEVEN (7) CALLS:
THENCE S.00051'13"E., FOR 30.06 FEET; 17 B
THENCE N.89033'00"E., FOR 7.00 FEET;
THENCE S.00040'36"E., FOR 389.91 FEET;
THENCE S.89015'03"W., FOR 556.29 FEET;
THENCE S.00048'04"E., FOR 359.84 FEET;
THENCE N.89018'41 "E., FOR 97.78 FEET;
THENCE S.00041'10"E., FOR 160.22 FEET TO A POINT AT THE SOUTHWEST
CORNER OF LOT 4, BLOCK 7, OF SAID PLAT OF LAKE TRAFFORD PINE
ESTATES SECTION ONE; THENCE S.89016'59"W., FOR 357.52 FEET TO THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE
N.00047'23"W., ALONG SAID NORTHEAST QUARTER OF SECTION 32, FOR
1,995.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,529,323 SQUARE FEET, OR 35.11 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST AS HAVING AN ASSUMBED BEARING OF
N.89015'34"E.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF
WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN).
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Habitat for Humanity of Collier County, Inc. (Folio: 00073520009)
1.4 DEVELOPER
The Faith Landing RPUD is intended to be developed by Habitat for Humanity of Collier
County, Inc., all references to the "developer" as may be contained in this RPUD
Document shall mean Habitat for Humanity of Collier County, Inc., unless, and until the
subject property described and depicted in this RPUD Document is conveyed, or
assigned. It is the responsibility of Habitat for Humanity of Collier County, Inc. to notify
Collier County, in writing, of the land conveyance, or assignment of the subject property
described and depicted in this RPUD Document within six months from the actual
conveyance, or assignment.
I.S PHYSICAL DESCRIPTION
The development property is located in the north half of Section 32, Township 46 South,
Range 29 East. The proposed project site is presently undeveloped, but has been
disturbed on portions of the property by clearing and off-road vehicle use. Historically
timbering and cattle grazing have occurred on the property. The property's jurisdictional
wetlands have been infested with exotic species. The property is generally without
topographic relief, with elevations ranging from 32 feet to 36 feet above mean sea level.
The site contains areas of jurisdictional wetlands that are characterized as transitional
wetlands in which the predominant vegetation is a mix of Brazilian Pepper, Wax-
Myrtle/Willow, and wetland shrub, and associated upland and wetland plants.
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The water management system consists of approximately 3.1 acres of wateLZaBment '
areas that will receive run-off from structures and parking areas. Run-off is collected by
catch basins and culvert systems for conveyance to the project's internal lake system.
The proposed conceptual surface water management plan will incorporate best
management practices for above ground surface water treatment and storage prior to
discharge. The collected surface water will discharge into existing jurisdictional
wetlands located at north of the project and proceed northward, under Westclock Road.
1.6 PROJECT DESCRIPTION
The Faith Landing RPUD shall be a 100 percent affordable housing residential
development consisting of both single-family housing and two-family housing. Each unit
is intended to be sold in fee simple, including the platted lot upon which the residential
unit will be located. The amenities proposed as developer commitments to be provided in
the project include children's playground facilities, lake(s), natural and landscaped open
spaces, and a variety of passive (native preserves) and active recreational opportunities.
Access to the property will be from proposed extensions to the following platted streets:
Eden Avenue (Plat Book 4, Pg. 70), and Custer Avenue, North 18th Street, and Lincoln
Avenue (all in Plat Book 10, Page 99). Given that the proposed project will be
constructed in a predominantly developed residential neighborhood, the provisions and
commitments of this RPUD and associated RPUD Master Plan will ensure compatibility
with existing residences.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Faith Landing Residential Planned Unit
Development Ordinance".
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I7C
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the Faith Landing RPUD development, as well as other project relationships.
2.2 GENERAL
Regulations for development of the Faith Landing RPUD shall be in accordance with the
contents of this Document, the RPUD-Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the time of the approval of
the particular development order to which such regulations apply, such as, but not limited
to site development plan, final subdivision plat, or building permit. Where these RPUD
regulations fail to provide developmental standards, then the provisions of the most
similar district in the County LDC shall apply.
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178 I, ~
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE:t
TRACT "R" RESIDENTIAL 175 26.49
TRACT "RA" RECREATION AREA 0 0.19
TRACT "P" PRESERVE 0 8.42
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit "A".
Minor modification to all tracts, lakes or other boundaries may be permitted at the
time of final plat or site development plan (SDP) approval, subject to the
provisions of the LDC, or as otherwise permitted by this RPUD Document.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 175 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 35.11 acres. The gross project density, therefore,
will be a maximum of 4.98 dwelling units per acre.
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17B
l~'
2.5 LAKE SETBACK AND EXCAVATIONS
Removal of fill from the Faith Landing RPUD shall be limited to an amount up to ten
percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a
commercial excavation permit is received.
2.6 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 60-foot right-of-way and shall be
public streets owned and maintained by Collier County.
B. Utilization of areas within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the County Manager, or his designee, for engineering and safety
considerations prior to installation.
2.7 CONSTRUCTION OPERATION FACILITIES
Temporary uses for construction staging and administration shall be permitted anywhere
within Tract "R", or Tract "RA" in the Faith Landing RPUD subject to the requirements
of the LDC.
2.8 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of 7.87 acres (25% of the native vegetation on site) are required to be
retained or replanted. The two preserves, Tract "P", contain a total of approximately 8.42
acres. For the purposes of this RPUD, the Preserve Tracts will fully satisfy the native
vegetation requirements of Collier County.
Native vegetation areas do not include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
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SECTION III
178
I
;
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure,
perimeter land use buffers, as well as project signage will occur within Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 175 dwelling
units and shall be developed consistent with the project's Affordable Housing Density
Bonus Agreement.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following uses:
A. Principal Uses:
1) Single-family attached dwellings (including two-family housing intended
for fee simple conveyance including the platted lot associated with the
residence).
2) Single-family detached dwellings.
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools with, or without screened enclosures, and other outdoor
recreation facilities.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Homeowners' association boundaries shall not be
utilized for determining development standards.
B. LANDSCAPE: The project shall be landscaped with native scrub oaks (three to
four per acre) and other native plants. Planting of perch trees (over thirty feet
mature height) shall be avoided.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
178
DEVELOPMENT SINGLE- SINGLE-
STANDARDS F AMIL Y F AMIL Y
DETACHED ATTACHED
TWO-FAMILY
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F.
MINIMUM LOT WIDTH 40 FEET 25 FEET
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F.
MIN FRONT YARD 16 FEET 16 FEET
MIN SIDE YARD 7.5 FEET o FEET or
6 FEET
MIN REAR YARD 15 FEET 15 FEET
MIN PRESERVE SETBACK 25 FEET 25 FEET
MIN. DIST.
BETWEEN STRUCTURES 15 FEET ]2 FEET
MAX. BLDG. HT. I STORY I STORY
NOT TO EXCEED 25 FEET 25 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S.
SIDE S.P.S. S.P.S
REAR (ATTACHED) 5 FEET 5 FEET
(DETACHED) 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET
MIN. DIST.
BETWEEN STRUCTURES 15 FEET ]2 FEET
MAX. BLDG. HT. I STORY I STORY
NOT TO EXCEED 25 FEET 25 FEET
S.P.S.: Same as Principal Structures.
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178
Notes:
1)
The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement.
2)
No structures shall be permitted in the required, 20 foot lake maintenance easement.
3) A 15-foot wide setback shall be maintained from any structure to any project
perimeter property line.
4) For all residential units, garages shall be located a minimum of 23 feetfrom the back
of the sidewalk located in the street rights-of-way closest to the garage to avoid
vehicles being parked across a portion, or all of the referenced sidewalk.
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178 'I
SECTION IV
RECREATION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
I) Structures intended to provide social and recreational space;
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features;
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC at the time of
the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping.
4.4 DEVELOPMENT STANDARDS
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures.
Homeowners' association boundaries shall not be utilized for determining development
standards. Development standards for Tract RA are contained in Table II in this Document.
There shall be a minimum of 20 feet separation for recreational building(s) from all
residential units.
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17 B ~
SECTION V
PRESERVE AREAS
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Areas on Exhibit "A", RPUD Master Plan. The primary function and purpose
of these Tracts is to preserve and protect vegetation and naturally functioning habitats, such
as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
Open spaces/nature preserves.
Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails (pervious only), boardwalks, shelters with pervious base, or
other such facilities constructed for the purposes of passage through or
enjoyment of the site's natural attributes subject to approval by the
appropriate permitting agencies. Any trails or other uses in the preserve shall
not decrease the native vegetation retention to less than that required in
Section 2.13 of this Document.
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SECTION VI
17 B~\;I'I
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successors or assignee in title to
the developer is bound by any commitments within this Document. These commitments
may be assigned or delegated to a homeowners' association to be created by the developer.
Upon assignment or delegation, the developer shall be released from responsibility for the
commitments.
6.3 TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current
edition, All other improvements shall be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first certificate of occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on the RPUD
Master Plan are considered to be conceptual. Nothing depicted on any such Master
Plan shall vest any right of access at any specific point along any property frontage.
All such access issues shall be approved or denied during the review of required
subsequent site plan or final plat submissions. All such access shall be consistent
with the Collier County Access Management Policy (Res. No. 01-247) as it may be
amended from time to time, and with the Collier County Long-Range Transportation
Plan. The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered unless a
PUD amendment is to be processed.
D. Site-related improvements (as apposed to system-related improvements) necessary
for safe ingress and egress to this project, as determined by Collier County, shall not
be eligible for impact fee credits. All required improvements shall be in place and
available to the public prior to the issuance of the first co.
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178
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational circulation,
and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right-
in/right-out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, be the basis for
any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
H. All internal roads, sidewalks and interconnections to adjacent developments shall be
operated and maintained by Collier County, and the developer shall have no
responsibility for maintenance of any such facilities. The project roadways shall be
designed consistent with the LDC.
1. If required turn lane improvements require the use of any existing County right-of-
way or easement, compensating right-of-way shall be provided without cost to
Collier County as a consequence of such improvement.
1. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
co.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these
locations. The developer, or assigns, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access
by incorporating appropriate language into the development covenants or plat.
L. The developer shall provide vehicular interconnection of the project to Eden A venue
through the installation of a short link of roadway within the Eden A venue Right-of-
Way recorded in Collier County Plat Book 4, Page 70.
6.4 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until Planning Services Staff grants approval of the proposed construction
in accordance with the approved plans.
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178
~- ,~~ '.~
!
B. An excavation permit will be required for the proposed lakes in accordance with the
LDC and South Florida Water Management District Rules.
C. The project shall obtain a Surface Water Management Permit from the South Florida
Water Management District prior to any site development plan approval.
6.5 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with applicable County Ordinances and other applicable County rules
and regulations.
6.6 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands.
B. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
C. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with protective
covenants per, or similar to, those found in Section 704.06, of the Florida Statutes.
Conservation areas shall be dedicated on the plat to the project's homeowners'
association or like entity for ownership and maintenance responsibility and to Collier
County with no responsibility for maintenance. All setbacks and buffers shall be
provided in accordance with LDC Sections 3.05.07.H.1.d., and 3.05.07.H.3.
D. Existing areas in designated preserves that do not meet the native vegetation
definition shall be replanted with native vegetation. The replanting plan shall be
subject to review and approval by Environmental Services Staff prior to final plat,
site development plan, or building permit approval.
E. Where possible, natural buffers shall be provided around wetlands, extending at least
fifteen (15) feet landward from the edge of the wetland preserves in all places, and
average twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not possible, structural buffers shall be provided in accordance with the
State of Florida Environmental Resource Permit Rules.
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1781 c1
F. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts
to protected species. A habitat management plan for those species shall be submitted
to Environmental Review Staff for review and approval prior to site plan approval.
G. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval. This plan shall be implemented on a yearly basis at
minimum, or more frequently when required to effectively control exotics, and shall
include methods and a time schedule for removal of exotic vegetation from within
conservation/preservation areas.
H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final Plat/Construction Plan approval.
1. A Gopher Tortoise relocation/management plan and Scrub Jay management plan
shall be submitted for review and approval at the time of final construction plan
submittal.
1. Compensation for the loss of suitable Florida Panther habitat within the Florida
Panther consultation area through preservation and restoration of appropriate off-site
habitat shall be addressed by USFWS and FFWCC requirements prior to final plat or
site development plan approval.
K. Wetland habitat loss due to wetland impacts of this project shall be functionally
replaced within the core foraging area of the four affected woodstork colonies. The
applicant shall provide evidence of the replacement prior to final plat or site
development plan approval
L. The "Draft Standard Protection Measures for the Eastern Indigo Snake (Service
2002)" shall be used during any site preparation and project construction. These
protection measures shall be included in site/construction plans prior to County
approval.
6.7 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structures. A construction operation/management office may be constructed
after zoning approval.
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RPUD MASTER PLAN
lll;.rv.
17 Bi '1
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 2007-35
Which was adopted by the Board of County Commissioners
on the lOth day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of April, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to B0ard.~.'ot
County Commission~rs
.~~~~
By: Martha Vergara,
Deputy Clerk ).
03/15/2007
.08:'22
239~4353i;8
mLLIEF' CT/ ZOfIHK,
p",-",
"i"~
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fj ,
elL it
O~i03
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,
,
V
COLLIER COUNTY FLORIDA
\l.EQl;EST FOR LEGAL ADVERTISING OF PUBUC HEARINGS
To; CI.rk to the Boord: Pie... plac. tho following.. a:
XXX Normal Legal Ad-ven,i'llemcnt Othet':
(Display Adv, lotation, ctc.)
~*.*****+*~.**~.**~.**~.**.~***~.****....*.**w..~~*.**~~*W~.**..**~*..*.*~W.W**~*.**..*~~._*
Originating Dcpti Div: CODl)ll.Dev.Serv.! Planning Person: CaTolina Valera DaTe'
PoTltion No. (If none, give brief deScripTion). PUDZ-2006-AR.9716, J.iebig CPUD
Petitioner: (Name &. Address): Q Grady Mir.or &. Msocia.cs, PA., DWayne Amold. AlCP 3800 Vi. Del Rey
Bonita Sprif1.gs. FL 341.,4
Nwne &. Addr... of any pCTSon(S) to be nOTiiied by CI...k', Office: (It mort 'p.ct is needed, att.ell separate .hect) 330 I &.
3375 West View Dr., I.1..C, 501 Airport Rd., S, Naples,!'L 34104
Htarir,g befNt BCC
ElZA
OtheT
Requested Hearing dote.
AorillO 2007
_ Based on advertisemontoppearirog 15 days before hearing
NewOPap<lr(.) to be used: (Coml,let. 0111)' if lmpo.tant)
xxx Naple. Voily New'
Other
Legally' Required
prope.ed Text: (loelude legal de,cr;ption & conmton locatioo & Si2e Petition: Potition: PI JDZ.2006.AR-971(:i. 3301
Westview Dtiv. LLC and 3375 W..tview Drive LLC , represented ~y V Wayne Arnold, Ale? of Q. Grady Mmor and
Associate.s, PA., requesting a PUe. Remr.. from the Industrial (I) zoning district to the Commercial Planned Unit
De"elopm.n! (CPlJD) zoning dtwict fOT a development ;0 be known as the Liebig CPUD. The subjeCT property.
cOll.iltini of 4.3+1- atr." j, loc.ted on H.e Northeast corner of Airport-Polling Road and We",'je'" Drive, in Section
I, Town,hip 50 South, Range 25 Ea", Collier County Florida.
Companion petition('), if or.y &. proposed hearing date:
Does Peti.tion Fee inclcde advertising co~t? Yes
113-13831 Hi49 110
ND If Yes, what account should be ,harged for advertisirtg co~rs:
Revitwed by:
Approvcd by.
--
Dalt
_._--------'-
Department Head
Date
CounlJ' Manager
List AttacbJr1ents:
!lffiI&I.m.mON INSTRUCTI(~
A. For hearin." befo... BCe or BZA-: Initiat.lng p....on 10 cemplet. one copy and obtain Division Head apprO'sl
belore submitting tn County Manager. Nnte, If legal doeument is involved, be oare tkat any.ec..,ary Iexal
revi..... or request lor ...me, i. .ubmilted to Connty Attorn.y before submittlng to County Ma.ager. The
Manalor., of lice will di.trlbut. copi."
County Manager Illlend. file: to Reqne.ting Dwlsin.
OriginQI Clerk's Olliee
B. Other hem-mg.'1-', Initiating Division head to approve !U\d submit origin!.l to Clerk's Office, retaining a COP)' tor tile
"'. 'i it.....,,,. "'..*W...* 'It fl. ...........'.. **111 'l'l'" .71<<*"'" ""* ",,It.. * '11*"" If"''''' oIl.l-* 11 <It.......", >It...,.,~ ** ***t!"'I< ...* ff 'Ill" k '" ,...... '(o;Il if ""..... ""..'~"
FOR CLIlRK'S OFFIC'E USE ONLY:
Date Reoci"od:3- I (P-{J/ Date of Public hearing: 'fr/(rv]_ Date Advertised: _?>'~'Q 1
03; lG/ 2,:1'~: '.1:;,:)'"
::']'~;,':'~,;:":F,U
CCl..-lIEP Cl :::''f,Hl'NG
PAGE ~)3 "J'"
17C
~1
ORDfNANCE NO O"'-_".~
fIN ORDl~ANCE Of 1m:. BOARD Of COUNTI
CO\f\USSIO~l':RS OF COLl.IER COl_'l"TY, FLORIDA
~1,IENDlNG ORDINA.NCE NUMBER 04-4<, WE COLLIER
COUNTY LAND DtVWJ)PME~T CODE. WHICH 1'lCLUDES
Tl-n:. COVllREHEl',;SfV8 ZO'HNG REGULArtO"t~ fOR Tt1E
l)NrsCORPORATED\RE:\ OF COUlr"R COtC'iTY. FLORID'>'
BY ,.\MENDl"'G THE APPROPRl,TE ZONNG ATLAS \fAP OR
MAPS BY U1.,,-"IGING THe lONING CLASS1FJCATlO1\ OF THE
J-11'!.RFt-l DESCRJRED REAl. PROPERTY FRO!'." tHE
!NOt:STRIA.L (1) lO!\"fNG DISTRICT TO THE COMMERCAl
PLA!'J\T.D F!'liT PEVEL07ME.'t-."'T' (CP1~D) lOl'ffi'~G DISTRICT
FOR A ~)EVELOPMEN, KNOWN AS TEl' LlEBlG CPUD
LOCATED 1'1\,' SECTION I. TO\\f:'.lSH1P 50 SOC,Tl-t HA~GE 25
EAST. CQLLlER COU~1"', fl ORlDA co~StST~G' Of 4.3::-
ACRES~ AND BY !'ROVIDTNG k'\l ETVEClrvE DX!""E:,
8< 3375 \Vll:':'.t View Dt., LtC, pe14tiC\("L,ed ~',le Board or County Comn'.;,~slon~r5 t('l cbaolge the l,Oninr
\\'1TEREAS, D_ Wayne Arr,')lJ, A.tefl. ;..It' (). Grady ~\lin:Jt & :,::.S{~ciaV;'s. P.A.. refHeseflting )3(1'1
,.:lassifIC;\ti,')o (ftI1~~ bE:rein descrit",,-ct rt~f:l.l propeTtJ'
~()\\" "Tl!ERt"iORE, Hh IT ORDAfNED 8Y noon:. BOARD OF COUNTY COMM.r~:SlONER';
OF COLLIER cour<1Y, fLORmt\, t'":al:
S..ECTIO!:LQ'ill;
Soutl"l. Rengt 25 l-:.a.st, Coil'er ::'ounty, Fk,rida, is .:-hal"ged fT"(lrTl th~ (l1dl.!:;.trial 0> l.oni1lg PLslrid to the
Th~. z;ming da$sifca~ion d~he 'rerein des~rjbed real pr,'pt:rry located 'n Ser.ti,-otl t, lo-wns,'r:,;t 5(l
C0ft:merc:a.l Pl/:lnn~J Unit De\'~lcpment f(''Pl.'D) Zmlirq; Distrid f()~ a de,'d()pment to \o:e kn.:.Y\\'n a$ the
Lii:big CPUD ill aCCl.lroa"\ce with the ~jebig POD Document, ;Ht.l;:;hed hcc~to :is E)'(h::'~l "A' ,md
im"J"Poratl:lC by rdere:nce herein. Thtl t'ip"Jr'Op..;ate Z;..ll1trlg ~'-:a, lH:'lr (If maps as c':~~scriCl~d h; Ordin.a:l"-:C:'
Numr.er 20(l4.41, r'he <.':iILel' Caun:;y L;,\.~d D~velopmCf't Code, i,i;"re hereby ,,-mended :u:.coroing.\)'.
:;r,CDQ,'iIY'Q:
Thj~ OrdiMn~.t'. 'ih~d beC(~mE t:ffe.:t1\'C upon ~'.\ing "lith the Depart"lcnt 0f S(,.'lte.
P,\SSED ANI) D1.iT.Y ADOPTh!) by supcr.',-(l./:lJody VG!.~ ,yi' th;.~ BrEd of C(illflt;.
C(~mrt'is~mne':: of C<.\lier C~)Uur'y. Florida, lh\; __~_ day of _____..~_____.d-..-~' 20,)7
A mOST:
DWIGHT E BR'JCK. CLERK
BOARD OF CO\J:-HY CO:-'!lv!l~SIONc,R,;
COLLIER COeNTY, FLORIDA
BY:
--JA~fES(:OL"ETr,-\:~c~fiAiR)/I''''~
-_..,-~-~._-
- Deputy C krk
A \pprc"Iied a5 to :fonr. and
l,egal. ,~\lffic'i,eD(:,~'
'1'fi ~________ _______
1f\ Merjor:e: 1\1. StudenteStitling
A35i~1.ant County Attorney
PLD?;.(j,j6,!'R.~1lt
17C
March 16, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ -2006-AR-9716: Liebig CPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, March 25, 2007, 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.lAccount # 113-138312-649110
17C
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, April 10, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE INDUSTRIAL (I) ZONING DISTRICT
TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A DEVELOPMENT KNOWN AS THE LIEBIG CPUD LOCATED IN
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 4.3+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
PUDZ-2006-AR-9716, 3301 Westview Drive LLC and 3375 Westview Drive
LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and
Associates, P.A., requesting a PUD Rezone from the Industrial (I)
zoning district to the Commercial Planned Unit Development (CPUD)
zoning district for a development to be known as the Liebig CPUD.
The subject property, consisting of 4.3 +/- acres, is located on the
Northeast corner of Airport-Pulling Road and Westview Drive, in
Section 1, Township 50 South, Range 25 East, Collier County, Florida.
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
17C
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
James Coletta, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17C
Dwight E. Brock
Clerk of Courts
.Col!ptyofGollier
<.. .-,.
CLERK OF THB GIRCU}T COURT
COLLIER COUNTY qoURTFf,OUSE
3301 TAMIAMI TI,iAIL EA~T
P.O. BOX 4j,a044 \
NAPLES, FLORIDA~~101-3d44
\'(
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16, 2007
D.Wayne Arnold, AICP
Q.Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of Public Hearing to consider Petition
PUDZ-2006-AR-9716; Liebig CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
lLuu.. ~ r:J.C .
Ann Jennejokt{, {.}
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.coIlier.l1.us
Fax - (239) 775-2755
Email: coIlierclerk!a1cIerk.coIlier.l1.us
17C
Dwight E. Brock
Clerk of Courts
CUl.!p.tyofCollier
CLERK OF THEGIRCUIT COURT
COLLIER COUNTY CpURTFtOUSE
3301 TAMIAMI TJMIL EA~lT
P.O. BOX 4~a044 \
NAPLES, FLORIDA 3,1101-3044
\:,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16, 2007
3301 & 3375 Westview Dr., LLC
501 Airport Road S.
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition
PUDZ-2006-AR-9716; Liebig CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 10, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 25, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
a.uu. ~:/J(.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
17C
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
PUDZ-2006-AR-9716 Liebig CPUD
Attachments:
PUDZ-2006-AR-9716.doc; PUDZ--2006-AR-9716.doc
Hi,
Please advertise the attached Sunday, March 25, 2007.
~
Thank you,
Ann
PUDZ - 2006-AR -971
6.doc (23 KB)
PUDZ--2006-AR-97
16.doc (24 KB)...
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c lerk.co II i er. f I.us)
1
Ann P. Jennejohn
17C
From:
Sent
To:
Subject
Clerk Postmaster
Friday, March 16, 2007 12:06 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT702312.txt; PUDZ-2006-AR-9716 Liebig CPUD
[J
f:-.--~-l
L:.-J
ATI702312.txt PUDZ-2006-AR-971
(229 B) 6 Liebig CPUD
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
PUDZ-2006-AR-9716 Liebig CPUD
Page 1 of 1
17C
Ann P. Jennejohn
From: Riley, Becky [rjriley@naplesnews.com]
Sent: Monday, March 19, 2007 8:37 AM
To: Ann P. Jennejohn
Subject: RE: PUDZ-2006-AR-9716 Liebig CPUD
Done. Bjr
From: Ann P. Jennejohn [mailto:AnnJennejohn@cierk.collier.fl.us]
Posted At: Friday, March 16, 2007 12:06 PM
Posted To: Legals
Conversation: PUDZ-2006-AR-9716 Liebig CPUD
Subject: PUDZ-2006-AR-9716 Liebig CPUD
Hi,
Please advertise the attached Sunday, March 25, 2007.
Thank you,
Ann
<<PUDZ-2006-AR-9716.doc>>
<<PUDZ--2006-AR-9716.doc>>
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@clerk.coll i er. f I.us)
Under Florida Law, e-mail addresses are public records. If you do no! want your e-mail address released in re5ponse to a public records
request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
3/19/2007
nC:Ck;IVl:D
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
APR 04' 2007!
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on March 25'" 2007
Affiant further says that the said Naples Daily "!'<ews is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication ofthe 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
PUblicatiOJth~ '~ap",
f "~__4____ _~ _~r. _ ,..'
\ >.,JI,5l1aUUI,.. VI aJJJdlll)
Sworn to and subscribed before me
This 25th of March 2007
eLc. _~'::c~. ( ~- \ 1\( ~:'.lL\~.(' (
(Signature of notary public)
Chanel A. McDonald
MY COMMISSION # 00210203 EXPIRES
June 29,200/
",(_'r<'~:iL.,THRUW()V f;\'~ INSURAN(i ,":-
FE] 59-2578327
17C
.'i
111'.' "f,"
..",.
011f.:=-,
Notlct' .~.'." ',.- ..Z~-.\mW!,..: i~~6o~D'" AN, CI
Ho7.If- ~ESDAY.Atlr"IO.
5..m-. C. "... FtCiOr,Admlnl.sl;raj:lon
_ nt eo.... 3301
'~" '.....!!!tFlorld..lhe~of
0". _... .. :&~der ~nt
"";,,~,_....'t1"_,,,,~!ng:mc:om-
nanCellu ~ ....... ~"'o ..'-PI'OPOItdordl.
AN ORI>>NAHCE at THE SOARD OF COUNTY COM.
=='lLRf..'S,L~OUptTY FlORIDA,
COUNTY L~'i'10PMENT to'6t V1<f8~L:~~
,CLUDEf.J/lE ~E1<iNSIVi ZONING ,~EGULA.
TIClNS ~. llllPDllATEl> AIlIA <>, COLLIER
~'TEOUN LO BV AMEND1NQ. THE APPItOPRI.
~ MAP OR MAPS av CIIANGING
IcHE SfF'ICATION OF THE HEREIN DE.
IdWT p~rWMM1R6\"t'STR~ 1~~Jg
, .I'"AS) :ZONING DISTR T FOR
I'l TFfE LIEBIG DLO.
.'1. TOWNSHIP 5Cl SOUTH RANGE
A~UJt.'1R~?JlWt-JO~cV~
Q.)lAC
DATE.
tW~II':WI"~iiOi;'m' .llffv e'I.I.'C ~~d
A~~_~'f.~'MIMr ,bylo,W,.r
="1tii'mUtPlltl~&=. J.!~o'J!
~..,..lS).O!lIthng d~ .a, '.Ior a __, vela..
. L\# _ . '.'. e ~"i'~l)..The subjeCt
Rf'ODIirty, oons .of 403 +/- acres ls located" on
W"~, ~~~Ol Alrrort'Pu~In~ /lOa, d and
1Mgt,2TEA:~oi1ler~~, FloJ~:,",bJp ~ South,
C,Qo!es ,of the~OMd Ordinance are on1lle with
~ CIerfc to D.e _ and are available,.,. ...pee.
a:3iMt~1'tSted Pltt'ttes are Invited to attend
NoTE: All ' II1llIO _ on any oda
:= ~ r .Ilh, t'he tn, e :2......nlY__rnl~lor
--..,.. ",". " ,t.. a~~.a "~~H?to, be ad.
W:J..~."."fL- " '...:, - ...... .. to 5
n\I......onll!lY .~~,. Ivldu..
to spellk on behall 01 an organization or .orau. Is
encourage,d. It reeognlzeCl by the Chaltman a
SDOk"1*'J10 0111 for a ;roup or organization may 'be
aHotted 10 m nutts to tpeakon an Item.
Persons WiShing to have wrttten or gre,pOtc materi-
als ;Included In the Board, agenda p~k'" must
ii',l~ sa! ,dme;.. a minImum of 3 'NItkI'P, rior to
"" , .. PJlbllo hHrtng. In any casa, written
-.11II;.. - to be considered l;Iy the Board
- to the ...roprlate eounlv staff
r rnmlr~o seven darrS prIor to the-"~btlC,hear-
..r1D..:....wtlf - , -_ LlIICt n presentations before the
Dum U ..., ""' I permanent part OHhe record.
:~Lrii"'= olec Ides ",to lIPpeal a decIsion of the
ta/n1. ,I reee 0'- the proCeedings per-
that~Ov Um ~~4:' maY~~\e~
wh.leh rhecotl~ "'the Includes the tes~ny and evidence
u on W WI appeal is based.
~_ARDOFCdU,NTY COm9NFD<
c .. .'~'
J '." -- ,
D .el
rliAt'" l\lIlneJohn, Deputy Clerk
Utri~X
r
Wa .'l.&.tlAAl.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP! 7 C 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO - .L
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 art to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception afthe Chairman's signature, draw a line throueh routin2lines #1 through #4, comDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 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 Carolina Valera, Principal Planner Phone Number 659-5729
Contact
Agenda Date Item was April 10, 2007 Agenda Item Number 17C
Approved by the BCC
Type of Document Ordinance and 04bit A Number of Original 2
Attached - ~ l,., Documents Attached
Initial the Ves column or mark "N/ A" in the Not Applicable column, whichever is Ves N/A (Not
liJlPropriate. (Initial) Applicable)
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 ofthe County Attorney. This includes signature pages from ordinances, ?t/.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's ;JA
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the f'\t~ .
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~(}A
signature and initials are reguired.
5. In most cases (some contracts are an exception), the original document and this routing slip v
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 'rW~'
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. Tbe document was approved by tbe BCC on 04110/07 and all cbanges made during e:.I/.
tbe meeting bave been incorporated in tbe attacbed document. Tbe County Attorney's
Office bas reviewed tbe cban!!es, if applicable.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17C ..,
ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE INDUSTRIAL (I) ZONING DISTRICT TO
THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR A DEVELOPMENT KNOWN AS THE
LIEBIG CPUD LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING
OF 4.3:+: ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, PA, representing 3301
Westview Drive, LLC and 3375 Westview Drive, LLC, petitioned the Board of County Commissioners to
change the zoning classificatIon of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section I, Township 50
South, Range 25 East, Collier County, Florida, is changed from the Industrial (I) Zoning District to the
Commercial Planned Unit Development (CPUD) Zoning District for a development to be known as the
Liebig CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A" and incorporated
by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 04-41,
as amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this /0 day of ~
,2007.
~ . ~' ~, 1
AT"fEST: - '.'
DWIGHT E.,BRQCK, CLERK
At~~I:'
11gl11turtOl'~.! y
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
dn~4f.
J S COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency
~jo~M. s~~en~~;;;l~/ -/XC" ~~j
Assistant County Attorney
PUDZ-2006-AR-9716
LIEBIG
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
4.3:t Acres Located in
Section 1, Township 50 South, Range 25 East
Collier County, Florida
PREPARED FOR:
3301 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
And
3375 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
PREPARED BY:
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
Exhibit "A"
17Cl:l"1
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SHORT TITLE
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
COMMERCIAL
SECTION II
SECTION III
DEVELOPMENT COMMITMENTS
pun document revised 3-20-07
II
17C1'Hl ,
PAGE
ii
iii
1-1
2-1
3-1
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD document revised 3-20-07
17C ..
LIST OF EXHIBITS AND TABLES
CPUD Conceptual Master Plan
Boundary SUNey
Location Map
III
17C
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the 3301 Westview Drive LLC and
3375 Westview Drive LLC, hereinafter referred to as the developer, to create a
Commercial Planned Unit Development (CPUD) on 4.3:t acres of land located in Section
1, Township 50 South, Range 25 East, Collier County, Florida. The name of this
Commercial Planned Unit Development shall be Liebig CPUD. The development of this
site will comply with the planning goals and objectives of Collier County as set forth in the
Growth Management Plan (GMP), and the Land Development Code (LDC).
1. The subject property is located in the Urban Mixed Use District, Urban Residential
Subdistrict of the GMP. The property has been deemed "improved property" under
Policy 5.9 of the Future Land Use Element (FLUE), and is referenced as "improved
property" on FLUE Map #11. Properties subject to Policy 5.9 are consistent by
Policy with the GMP.
Under FLUE Policy 5.1, properties deemed consistent with the FLUE under Policy
5.9, are eligible for zoning changes, provided the amount of industrial, commercial,
residential or overall intensity of development permitted by the new zoning district is
not increased. The Liebig CPUD identifies a permitted schedule of land uses, a
maximum intensity of development and development standards demonstrating a
reduction in the overall intensity of development from the present I, Industrial
Zoning District. Through the Planned Unit Development zoning process, the
developer can more appropriately demonstrate compliance with Policy 5.1 of the
FLUE by limiting land uses to those deemed to be less intensive and more
compatible than those presently authorized in the I, Industrial District. The majority
of land uses permitted within the Liebig CPUD are similar in nature to those found
in the C-1 through C-4 Zoning Districts.
2. The Liebig CPUD is a commercial infill project of approximately 4.3 acres and has
existing commercial and industrial development along its north, east and south
property boundaries.
3. The Liebig CPUD is compatible with and complementary to existing and zoned
future land uses surrounding the project as required in Policy 5.4 of the FLUE.
4. Site and building improvements will be in compliance with applicable land
development regulations and development regulations specified herein.
5. The development of Liebig CPUD will result in a well-designed retail and office
project, through coordinated and regulated signage, building design, vehicular and
pedestrian access, and landscaping and will further the intent of Policies 3.1.E and
F of the FLUE.
6. The development of Liebig CPUD will be designed in a manner consistent with
Objective 7, Policies 7.1, 7.2, 7.3 and 7.5 of the Transportation Element of the
GMP, which address access management, on-site traffic and pedestrian circulation,
PUD document revised 3-20-07
IV
17C
and compliance with the Collier County Streetscape Master Plan. Vehicular
interconnections to adjacent developed properties are not possible; however, the
developer shall provide pedestrian access to the existing sidewalk adjacent to
Airport Road.
7. The development of Liebig CPUD will result in an efficient and economical
extension of community facilities and services as required in Objective 3 of the
FLUE.
8. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
PUD document revised 3-20-07
v
17C
SHORT TITLE
This ordinance shall be known and cited as the "LIEBIG COMMERCIAL PLANNED UNIT
DEVELOPMENT ORDINANCE."
PUD document revised 3-20-07
VI
17Cn\W~Ci~
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of
Liebig CPUD, and to describe the existing conditions of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
PARCEL A - (O.R. 3178, PAGE 2581)
COMMENCING A T THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF THE NW
1/4 OF SAID SECTION 1, NORTH 89021'20" EAST, 93.50 FEET TO THE EAST
RIGHT-OF-WA Y LINE, NORTH 00029'00" WEST, 334.10 FEET TO THE PLACE
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUING ALONG THE EAST RIGHT-OF-WA Y LINE, NORTH 00029'00"
WEST, 334.10 FEET; THENCE ALONG THE NORTH LINE OF THE SW 1/4 OF
THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 1, NORTH 89018'30" EAST,
253.00 FEET; THENCE SOUTH 00029'00" EAST, 334.20 FEET; THENCE
SOUTH 89019'55" WEST, 253.00 FEET TO THE PLACE OF BEGINNING.
PARCEL B - (O.R. 3178, PAGE 2587)
COMMENCING A T THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF THE NW
1/4 OF SAID SECTION 1, NORTH 89021'20" EAST, 93.50 FEET TO THE EAST
RIGHT-OF-WAY LINE, NORTH 00029'00" WEST, 334.10 FEET; THENCE
NORTH 89019'55" EAST 253.00 FEET TO THE PLACE OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00029'00" WEST
334.20 FEET,. THENCE ALONG THE NORTH LINE OF THE SW 1/4 OF THE
NW 1/4 OF THE NW 1/4 OF SAID SECTION 1, NORTH 89018'30" EAST, 313.00
FEET; THENCE SOUTH 00045'25" EAST, 334.33 FEET; THENCE SOUTH
89019'55" WEST, 314.61 FEET TO THE PLACE OF BEGINNING.
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE SW 1/4
OF THE NW 1/4 OF THE NW 1/4 SECTION 1, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89018'30" E.
1.3 PROPERTY OWNERSHIP
Folio Number 00384920000:
3301 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
PUI1 document revised 3-20-07
] -1
17C
Folio Number 00385400008:
3375 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The Liebig CPUD is a 4.3:t acre commercial development containing a
variety of retail, office and service uses primarily found in the C-1 to C-4
commercial Zoning Districts, with a limited number of C-5 commercial land
uses which are compatible with the surrounding office, retail commercial and
industrial land uses.
B. The CPUD Master Plan is illustrated graphically as Exhibit A. A Land Use
Summary indicating approximate land use acreage is shown on the Plan.
The location, size, and configuration of the buildings shall be determined at
the time of County development approvals in accordance with the LDC.
C. The project shall contain a maximum of 50,000 square feet of gross leasable
area.
TYPE
UNITS/SQ. FT.
ACREAGE
Commercial
Dry detention / buffers /
other open space
50,000
3.28:t
0.45:t
30' Right-of-Way Easement
0.39:t
TOTAL ACRES
4.3:t
PUD document revised 3-20-07
]-2
17C i
SECTION II
COMMERCIAL DISTRICT
"e"
2.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for areas within the Liebig CPUD designated Commercial on the Master
Plan.
2.2 GENERAL DESCRIPTION
A. Areas designated as commercial on the CPUD Master Plan are intended to
provide a maximum of 50,000 square feet (gross leasable area) of permitted
land uses as conceptually depicted on the Master Plan.
2.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Apparel and accessory stores (Groups 5611-5699)
2. Automobile dealerships, new and used (Groups 5511, 5521)
3. Auto supply stores (Group 5531)
4. Business services (Groups 7311, 7322-7331, 7336, 7338, 7371-7376,
and 7379)
5. General merchandise stores (Groups 5311-5399)
6. Engineering accounting, research, management and related services
(Groups 8711-8733,8741-8743,8748)
7. Executive and legislative offices (Groups 9111,9131)
8. Health services (Groups 8011-8049, 8071-8092)
9. Holding and other investment offices (Groups 6712-6799)
10. Home furniture stores and furnishings (Groups 5712-5736)
11. Insurance carriers and agents (Groups 6311-6399, 6411)
12. Legal services (Group 8111)
13. Miscellaneous retail (Groups 5912,5941-5949,5992 and 5995)
14. Real estate (Groups 6512-6553)
15. Security and commodity brokers (Groups 6211-6289)
16. Tax return preparation (Group 7291)
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal
uses permitted in this District, including automotive repair, service
and washing in conjunction with automobile sales and service.
PUD document revised 3-20-07 2-1
17C
2. Covered parking, which may be free-standing or integral to the
principal structure.
2.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 square feet for fee simple lots; however, there
shall be no minimum lot area for condominium parcels.
B. Minimum Lot Width: 100 feet for fee simple lots; however, there shall be no
minimum lot width for condominium parcels.
C. Minimum Yard Requirements:
1. Principal Structure Setbacks:
a) Airport Road: Fifty feet (50')
b) Westview Drive: Twenty-five feet (25')
c) Distance Between Principal Structures: Twenty-five feet (25')
d) Minimum Building Setback from Non-Right-of-Way Perimeter
Project Boundary of CPUD: Twenty-five feet (25')
e) Internal Lot Line (if applicable): Ten feet (10')
2) Accessory Structure Setbacks: Single Story
a). Front: Twenty-five feet (25')
b). Side: Fifteen feet (15')
3) Accessory Structure Setbacks: Multiple Story
a). Front: Thirty-five feet (35')
b). Side: Fifteen feet (15')
D. Maximum Height:
1. Principal Structures:
Zoned Height:
Actual Height:
Forty-five feet (45').
Fifty-five feet (55').
2. Accessory Structures: Thirty-five feet (35').
PUD document revised 3-20-07
2-2
17C
SECTION III
DEVELOPMENT COMMITMENTS
3.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
3.2 TRANSPORTATION
A. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
B. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for impact fee
credits. All required improvements shall be in place and available to the
public prior to the issuance of the first CO.
C. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening which is found to
be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
D. Collier County reserves the right to close or reduce vehicular access on
Airport Road and creation of such an access shall not be cause for any
future cause of action or damage against the County. Access restrictions
may include shared access with adjacent properties or egress only
movements. The developer shall provide for potential interconnection to the
property immediately north of the project site and shall be operated and
maintained by the developer, his successors in title, or assigns.
E. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by the developers, his successors in title, or assigns.
F. If any required turn lane improvement requires the use of an existing County
right-of-way or easement, compensating right-of-way shall be provided
without cost to Collier County as a consequence of such improvement.
Should ingress occur onto Airport Road, the access point shall be located
near the northern property line and a turn lane shall be required at time of
SDP approval.
G. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
PUD document revised 3-20-07 3-1
17C ';"!
device, sign or pavement marking improvement within a public right-of-way
or easement is determined to be necessary, the cost of such improvement
shall be bome by the developer and shall be paid to Collier County before
the issuance of the first CO.
3.3 AFFORDABLE HOUSING
Collier County and the developer of the Liebig CPUD have cooperated to
address affordable housing impacts associated with the project. The developer,
or its successors and assigns, shall make a financial contribution to Collier
County in the amount of $.50 per square foot of gross leasable commercial
building area constructed within the CPUD. This contribution shall be paid within
seven days of the issuance of a CO for the improvement receiving the CO. The
payment of this contribution shall be credited to the project's obligations to pay
affordable or workforce housing fees that may be adopted in the future by Collier
County.
PUlJ document revised 3-20-07
3-2
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LIEBIG CPUD
EXHIBIT C
LOCATION MAP
LOCATED IN SECTION 1, TOWNSHIP 50 EAST, RANGE 25 SOUTH,
COLLIER COUNTY. FLORIDA
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Jll(lD ~I^ Of! ReY BONITA SPRINGS, FlORIDA :)<O,s.. WWW.GRADVM.NOR.COM
PHONE:12J91941_l14< FI'.X: 12391 947-<l115
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-36
Which was adopted by the Board of County Commissioners
on the 10th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of April, 2007.
DWIGHT E. BROCK
Clerk of Courts and'Clerk
Ex-officio to Boa.~d:ot'.
;
County Commissioners
'/;1~~
By: Martha Vergara',.
Deputy Clerk
COLLffiR COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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(i)
To: Clerk to the Board: Please place the following as a:
x Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Collier County Sheriff's Office
Person: Lt. Tom Smith
Date: March 27, 2007
Brief Description: Ad6J1i-;')... ....f'ti..,t:-flfiee ta '" I1tl.....,..i...'" PemtRs 1a t...-Hun Sul~....;l'al~Ml3 at Read. IRtersettiBRB
Petitioner: (Name & Address):
Name & Address of any person(s) to he notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before x BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) April 10, 2007
Newspaper(s) to be used: (Complete only if important):
x Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size):
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROVIDING DEFINITIONS; DUTIES OF
EACH SEXUAL PREDATOR AND/OR SEXUAL OFFENDER AND OTHER INDIVIDUALS;
SHERIFF AUTHORIZING TEMPORARY EMERGENCY SHELTERS WITH REGARD TO T1IE
PREDATORS AND OFFENDERS; REQUIRED SIGNAGE; OFFICIAL ACTIONS BY LAW
ENFORCEMENT PERSONNEL; ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? x Yes D No If Yes, what account should be charged for advertising costs:
Collier County Sheriff's Office - 521-371500-649100
Approved by:
2. 'HAtlR. ~'7
Date
County Manager
Date
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DISTRIBUTION INSTRUCTIONS
A. For hearings before BCe or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Administrator. Note: If legal document is involved, be sure tbat any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********************************************************************************************************.*
FOR CLERK'S OFFICE USE",Or~... --:2 I t /1-::; )::2-A.( ,..-,
Date Received: ~ Date o[Public hearing: 4{ J 6 () .-rnate Advertised: J 'Jq( D ,.--
...
COWER COUNTY ORDINANCE NO. 2007 -_
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROVIDING DEFINITIONS;
DUTIES OF EACH SEXUAL PREDATOR AND/OR SEXUAL OFFENDER AND OTHER
INDIVIDUALS; SHERIFF AUTHORIZING TEMPORARY EMERGENCY SHELTERS WITH
REGARD TO THE PREDATORS AND OFFENDERS; REQUIRED SIGNAGE; OFFICIAL
ACTIONS BY LAW ENFORCEMENT PERSONNEL; ENFORCEMENT AND PENALTY
PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION iN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board 01 County Commissioners of Collier County, florida istha
governing body in and for Collier County, FIo~da; and
WHEREAS, tha Board 01 County Commlll8ionars 01 Collier County, Florida ("Board') i.
deeply ooncemed about the nurner0U8 rec&r1t occurrences In Florida and elsewhere in the
United Sta1ee, whereby convicted Sexual Predators and Sexual Offenders (who have been
released from custody, and who are required to register) nevertheless all 100 often repeat
similar types 01 unlawful acts lor which thay had have been ccnvicted; and
WHEREAS, the Board finds from the available evidence that the recidlviBm rate for
these Sexual Predators andlor Sexual Ollenders ia alarmingly high, eapeclally for thcae who
commit such crimae against children; and
WHEREAS, the Board _ir... to establish thl. ordnance to aafegusrd individuals,
especially children, from criminal acts that are perpetrated by Saxual Predators and Sexual
Offenders In Collier County; end
WHEREAS, the Board f1ndslhat each Individual designated by the State of Florida, or
by any other Stalute of any other State of the Un"ed States. or by the Govarnl'J18nt of the
Unlled States or any agency thereol, H now or hereafter appllceble, as a "Sexual Offender" or
'Sexual Predator" and who is raqulred by any such law to reglstar aa s "Sexual Offender" or
.Sexual Predator" ahall not be allowed In eny TamporlllY Emergency Shelter located In Ccllier
County where children or sny otller potentiel _usl cffansa vIctIm(e) 01 any such Sexual
Predator or Sexual Offendar may evacuate tc, anytime du~ng a declared natural or man-made
arnergency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that. new Article of 111. Colllar County
Code 01 Lawa ""d Ordinances Is hersby created a. a nsw Chapter 111 to read as follows::
SECTION ONE. TITLE. TIlls Ordnance la, and msy be cited as, tha "CoIlla' County Telllflorary
Emergency Shellsr. Regarding Sexusl Predatore and Saxual Offender. Ordinance."
SECTION TWO. DEFINITIONS.
"Any Sha_ and "Any Other Sheller" masns any building, structure or facility,
Including, and not limited to, 'residence, motal, hotel, mobUe home, 8p8rtment, oo-operatlve
apartment, condominium, vessel and/or vetuole used for help, care. eating, lleeplng or to be
under roof or out of the weather. "Any Sheltar" and "Any Olher Shelter" Includ86 Sexual
Predetor or Sexual Ollender Shalter. snd Temporary Emergency Shelters.
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'Evacuate- rM8na to go to Any Shalter or Any Other Sheller for Ihe purpose of residing
there for any length 01 lime durlng or after a declared emergency, including eating any meal or
to aleep. An individual does not &Vacuala to e shelter il the individual does not take any
tangible property to the shelter, including any change 01 any clothing or chenge of ahooo, or
any Ilemslor personal hygiene purposes, nor lor eartng or sleeping, and the reasons 10 go 10
the shelter do not Include to reside therein for I!Iny length of tIme, such as, and no' limbed to,
Irylng to determine the whereabouts of any other indlvldual(s) or only 10 gain information
related to the declared emergency or impending emergency.
"Temporsry Emergency Shelter" means 8 designated public or private building
or doslgnated public or private lacllhy v.tlera lemporsry housing, f""ding, aneVor any other
sarvtce or care Is provided byemploy""s aneVor volunteers to IndMduals who are physically
prssent in such building or facility to obtain help, shalter anellor care from employees or
volunteers In anticipation of, or because ot. an emergency, Including storm, hurricane,
tornado, flood, expl08lon. fire and/or any other natural. technological, man-made, or other
disaster event.
"Sexual Predator Shsltar or Sexual OIIender SheUer' means each Temporary
Emargency Sheher lhat has besn Idsntlfled and deSlgnatsd as 5IJch a sheller by the Colllar
County Sharlft's OIIlce, In conjunction with the Colllar Courrty Emergency Management
Department, at which, applying this Article, a 'Sex Offender" or 'Sexual Predator' may lewfully
be present In anticipation of, or because of, a then existing emergency or disaster event
SECTION THREE. SEXUAL PREDATORS AND SEXUAL OFFENDERS NOTIFICATION AND
REGISTRATION REQUIREMENTS.
A. Duliea << Each Sexual Predator aneVor Sexual OIIendar. Each Individual who Is
required by Rorlda law. or by Ihe Isw 01 thai Individual's Slale 01 reeldency in the United
States, or by any applicable law of the Govemment of the United States or any agency
thereot, to register In Collier County as e Sexual Predator or Sexual Offender and that
inclividuallntendelo evacuete to Any Shelter Irreapoctlve 01 the Shelters location (In or out-of-
stale), the "notifying Indilllduar shall:
1, Before evacuating to Any SheUer whatsoever, shall telephone or otherwise verbally
or personslly not~y the staft member In lhe Collier County Sherlff'e 0II1oe Sex Offender U n~,
daslgnated as lhe 'Sex Offender/Predator Unit Investigator' of (a) the notifying Individuere full
name, dete of birth, aocla,t security number and permanent registered res1dentlal address. if
any. If tha nolllylng individual hee no reeldence sddre.s In Collier County, the notifying
Individual shalllnlorm the Unh's staff membar 01 the exact physlcallooation of his or her place
of residence, Including tf applicable, any vehicle, ve88sl, or other similar or dissimilar thing
used by the notifying Individual as a rssldence; andlor meane of transportation (b) the name ofrand the physical location of the Individual's selected Any Sha~er, Including Ihat Shelter's
slreet addrass, (c) explain how membar(e) of the Collier County Sheriff. Sex
OIIender/Predalcr Unit can readily cOl1VT1unloste with the notifying Individual while tha
nolltylng Indh.1dual Is sl thai Any Sheher, (d) answer any questions asked by Ihe Collier
County Sheriff's Sex OIIender/Predator Unlfs perscnnel then communication with the
notitying individual, (ej complete ""y forms as required by tha raspectlve unit; and (I) obey
Instructions given to lhe nollfylng Individual by the Un~'s law snforcement personnel. This
notioe provielon applies anew whenever the SexIlal Predator or Sexual Offender vacates Any
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Shelter to ....evacullle to Any Oth... Sha~er. II all then avelleble telephone systems used to
normelly communicate with the Collier County Sheriff's OffIoo's Sex OffenderlPredator Unit
are not opera~ng. Ihe notifying IndlYldual shall ae aoon ea possible telephons the Collisr
County Sherlll's Olllca al their published "non-emsrgency" telephone number. (239) 774-
4434; and/or peraonally make contact with a law enforcement deputy to advise Ihem of the
location and all contecl Information required by this s..,sectlon.
2. After notIIylng the Collier County Sheriff's Office Sex Ollendsr/Predator Unn ss
required. as opacified above, the notllytng IndMdual may thereafter evacuate only to the
Sheltar that the notllylng IndMdual reported to the Sherlll's Sex Offender/Predator Unit as
required by subsection t. aboye.
3. Notica Requirements et a Sexual Predator or Sexual Ollsnder Shener. II e Sexual
Predator or Sexual Offender evacualas (and/or re-evacuates) to a Sexuel Predator/Sexual
Offender Shener, upon the respectlye notifying Individual's arrival at such Ihelter the
notifying IndlYldual (e) ahalllmmedlately notify a law enforcemenl officer, ff any. then on duty
at the shelter, and ff a law enforcemant ollie... Is not thsn pnlB8I1l and on-duty at that sheIlar, shell
seek out and lrm1ad18t81y notify en adun Indllliduel who Is euthorlzed to be operating that _....
that the reporting IndIYklualls a Sexual Predator and/or a Sexual Offender; (b) shell complata and
sign the sh_'s log-In sheet wl1h hlslhar full and correct name; (c) shell complete end sign all
regiatretion forms required at the shelter, and (d) shalllmmadletely dolver SlJoh completed 1erms
to that law enforcement oIfloer (or to that Individual operallng that _er),
4. Notloe Requirements at a Temporary Emergency Shelter that Is not a Saxual Predator
or Sexual Offender Shelter. If a Sexual Predator or Sexual Onender evacuates (and/or re-
evacuates) to .any Temporary Emergancy Shener thaI Is not a dasignated Sexual Pradator or
Sexual Offendar Shelter, that reporting IndMdual. upon errlyal at the shel1or, shell
Immediately aeek out end notify a law enforcement 0II1oer, " eny, than at the shener, or " a Isw
enforcemant officer Is not then present at that shelter, he or she shal Immedlelely seek out and
Imm_iy give notlc:e to an edUn IndlYtdual au1horized to ba opemting thet shelter, .hat the
reporting Individual Is a Sexual Predator andlor a Sexual Offander. In the absenoe of a law
enforcement officer then pmoent at that shelter, the Individual operating said shelt... shell as soon
as poooIbIe notify law enforcement pareonnsl of the presence 01 the Individual ldenllfled ao a
Sexual P.-tor and/or Sexual Offender. Law enforcement personnel then on duty at the
T""l'orary Emergency SheItar, or reopondlng to the T~ry Emergency Shelter, shall either
..sign each such arriving S8l<U8I PredaJor or Sexual Offender to the designated Sexual
Predator or Sexual Offender Shelter, or In exigent oiroumstanoe or as an alternative, pro!T1)tty
aoaigJ1 such Indlvldual!o a speci1lc secure and IOparate physical location, ff any eldBts, within the
Temporary Ema<gancy Shelter (that Is not a Sexual Predator or Sexual Offender Shelter) that
has been eel aside to _ such Sexual Predators end Sexual Offenders. Each Sexual
Offender and/or Sexual Predatore who evacuates to any T8fT"4lOrary Emergency _ shall Icjiy
CXXT1I'ly with .he requirements of subaecllon (A) (3) above, exactly the same as ff that Shelter Is a
Sexual Predator or Sexual Offender Sheher. All of Ihese reporting. nollce and other Sexual
Predator and/or SexuBl Offender duties shall immediately apply anew whenever the
respective Sexual Predator and/or Sexual Offender decides to evacuate to any other
Temporary Emergency Shetter In Collier County. Each such Sexual Predator andlor
Sexual Offender shall Immediately seek out Immediately notify a law enforoement officer
anellor operating employee at the prior shelter that he or she 18 evacuating to another
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sheller. Including tha nama and the complele street acldr.... of .uch Any Othar Sheller. A
SelWal p_lOr anO'or SexueI Offender asoIgned to a opeclIlc. oecura and oeparats location
wIIhIn a Tamporary Emargancy Shelter shall not antar any othar eraa of the Temporary
Emergency S_ except after axpl....~ permlaaion from, and bell1ll physically accompanied
by. a law enforcement officer, an authorized Tamporary Emergency Sheller ......,Ioyee. or
authorized 110I_ eI that &helter. Famly ~s) andlor other Individuals BCOompanylng lha
Sexual P.- or Sexual Offendar. Incluclll1ll hie or her 1/Isilors, 10 a Tamporary Emergency
Sheltsr, sha. not go InlD atrf area daolgns.1Ild to houae or secura Saxual Predatol1l andlor SelWaI
Offenders.
5, AI SelWaI Prada1Dra and Sexual Offenders shall acf1ere 10 and comply w~h all
Temporary Emergency Shelter Intake proc...~', rulea and regulations lhat apply to other
Individuals physically praaent In 1he raapeotl"" _ (except those thai apply only 10 employee.
andlor voIun_.). and ahal _era 1D and comply with all directions. and alllnetruclions given by
thooe charged with their care, cuatody and control.
6. AI Sexual PradaIO", and al Sexual Offendel1l shall edhera 10 and comply with all
applicable Florida Statute. governll1ll their Wiles to report arrt change In his or her ''temporary
reelcIonoo" which, as _led to Sexual Predators, as defined In Subsection 775.21 (2)(g), Florida
Statutee, to be: "a place where the person abid.... lodges, or r...ld... for five (5) or more
consecutive days" or his or her 'permanent realdence." which Is defined In Subsection
775.21 (2X'), Florida StaIuta8, as "a place where the person abides, lodges, or r_ for a period
of 5 or mora deys In tha aggregate during arrt calander yeer and which Is not 1he person's
permanenl addl888 or, for a parson whooe permanent ....._ is not In this state [Florida]. a
place where 1he p"""," I. employed, preCl\ce8 a vocation. or 10 onroIed es a sIuclenI for atrf
period of time In this stala." As applied 10 Sexual Offendera, SubseCllon 943.0435(3)(0). FIodda
Staluteo. reads: '''Permanent .....ldence" an~ 'emporery '-nee' have 1he sarna maanll1ll
ascribed In aeotIon 775.21 [F1orIda Statutes]."
7. No Sexual Predator or Sexual Offender shall work In any capacity, nor volunteer In any
oapaclty, with regard to any T_rary Emergency Sheller, whather or not for arrt co_.allon.
a. Each Sexual Predator or Saxual Offendsr ehall depart from a Temporary
Emergency Shalter Immediately upon being instnJcl8d to do 80 by any law emorcement olfloer.
B. Dealgnation 01 T......,orary Emergency Shelters. The Collier County Sheriff, In
conjunction with the ColDer County Emergency Management Departmen~ mey designata all or
spaclfled parts 01 publlo bulldlnge, jals. or other cor_lonal fadlllle8 as Tamporary Emergancy
Shallara, to which Sexual PredeIora and Sexual Offandars may avacuale. No portion or ares
within a Collar County pubic achool, or within any prtvate 8Chool, shal be designated a. a Sexual
Predator or Sexual Offender Shelter. This Ordlnanoe does nat require that these shelters
comply with any Red Creaa atanderda.
C. Usa of CorrectIonal Facllltlea a. Shaltera. SexueI Predators and/or SalWal Offenders
mey be allowed temporary shellsr In the Collier County Jailor olhar correotlonal faciitlea 1118110
then under th.juriadlcllon 01 Collier County's Shariff.
D. Required S1gns.ge at Temporary Emargency Sheltsrs and at Sexual Predator I Saxual
Offender Shalters. Law enforcement personnel on duty at 11_ .heItar. or other Indlvidual(s)
oparatil1ll and raaponalbl8 for Intake 01 shalterlng Indlvlduals at such shalters shall place signs
at the entrance(.) and exlt(s) In usa eI such .heII.... and also al appropriate conspicuous places
within 1he8e 8heItenI, 10 giwl notice 10 Sexual Predators and Sexual Offender. of their du1Ias,
4
InCludIng to Immodlaloly identify 1hemselves .. a Soxual Predalor and'or Sa",,"1 Oflandar (and
inclul:&lg the ~ and signing ~ SaxuaI Pradator and SeJcuaI Offander change 01 addr..s
and reglstraIlcn Iaml), and ~ing their requlremsnls, rasulcIleno, Ilmltatlcna and
prchlblticno .. opaclItad In this _
E. Olftclsl _ by Law Enlclcamant _ne!. Each law anl""""""m cflIoer
perlcrmlng any Ir>-tha-llna of duly act ooder any provision cI Ihls Ar1icIe shell be deemed Ie be
acting within 1I1e occpe of hll er her _sry authority as s law anfcrcemBnt clflcar.
F. EnIcrcamanl Ind Penalty Provisions. In addltlcn 10 all enlorcamsnt provisions
specified beloW In this Artlcls, or as proWlad In SectIon 125.69, Florida Star.-. any Individual
who shall vloIatB any pIOI/lslon cI this ArlIola, al tha allIOIIon cI the Counly shall be subjact to lhe
anlorcemanl pro\ltslona 01 SIIOIIon 1-6 cI lI1a CoIl1ar County Code 01 Law. and Ordlnanceo.
Apparent vlelsllana cI thls Article may be rolerred by the Sheriff's Office to Iha ColMer County
Code Enleroamant Board lor enlomemanl purauant to Chapter 162. F/OIlda Sratutes. MY
Individual ocr1\'lcl8d In Court cI any provision cI 11I10 Article may be lInsd up to $SOD, or by
implioonmn in tho County JoIllor a period not to exceed sixty (60) days, or by boll1 such fine
end Imprl8cnmenl lor eaoh separate vlolstion. Court imposed fines end court ooots Imposed
against e violator of this ArtIcI8 shall bs distributed aslcllow8: Five dollsrs ($5,00) 10 II1s Cieri< of
Ihe CourIB as an sdmlnlllmtlon lee, and the belance 01 the funds of each such flne 18 10 be
depoell8d In 1he fln. and forfeitures fund c11he Shertlf's Office to _lIIe Sharlll'l operallng
budgel ooats. MY individual lound to ha..... violaled this ArIicIe by a civil (admlnl8tretlvo)
anlorcllmanl forum, Induding a Collier County Coda E"fOlcemant Board or
Code Enlacament SpecIal Master may be flned up to FIve Hundred DoII8nl ($500.00) lor each
such violation. Every line II1e violation """urs or 18CUm may be deemed to be a separale violallon
cI this ArtIcle.
G. StBIutory Author1ty. Thla ArtIcle Is In adclltlOl1 10 and shall not be oonotrued to alfact
SeclIon 775.21, SectIon 943.0435, F/orldIl Sla/ul86, or any other Slatule or ether applicable
genere! law or applloeble speciel law. Therafore, nothing In this Article affects any Sexual
Predator's or any Sexuai Offonds(s duty, r.oponaIblllty and'or obligation es required by any
alatutB or epplic8Ille laderBl or aleta law.
SECTION FOUR. CONFUCT AND SEVERABIUTY.
In 1he _ II1ls Article confflota with any other OrdInance of Colier County or elhar
applicable law, tho mere r_ shaI apply. If any phl888 or portion cIlhls Artide Is held
Invalid or ..,oonotllutlonaJ by any court of ocmpetonl JurlO<Iotion, 8UcI1 portion shell be deemed a
eeperela, dlatlncl one! Independenl prevision and such holding shall not aIlact lI1a vaUdlly cI lhe
remaining portleno.
SECTION FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Artlcla shall be mad. a part olll1. Coda clLawa and Ordlnan_ of Celller County,
F\crida. The ~C/18 olll1a Artiel. may be renumbered or reI.lIored to acccmpllsh lhat rBOull.
and tho werd "OrdInance" may be changed 10 .Section,. .Articl.... or any oII1.r appropriate word.
SECTION SIX. EFFECTIVE DATE.
ThlI Ar11ct8 ("Ordinance") shall be aIlectlve upon filing wIII1 th. FlorIda Departmenl of
State.
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PASSED AND DULY ADOPTED by the Boerd 01 County Commissioners 01 Coller
County, FIorlde, thIe _ day 01 .2007.
ATTEST:
DwIght E. -. CleIk
By:
Deputy Cieri<
AppRlIIBd 88 to form and lageIaufftclency
By: \7)~ ~~
Thomea C. lmer,
A8e1otanl County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
James Coletta, Chairmen
6
17E .,.,
17E
March 28, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Regarding Policy for Sexual Predators and/or
Offenders in Emergency Shelters
Dear Legals,
Please advertise the above referenced notice on Friday, March 30, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O./Account # 521-371500-649100
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, April 10, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROVIDING DEFINITIONS; DUTIES
OF EACH SEXUAL PREDATOR AND/OR SEXUAL OFFENDER AND OTHER INDIVIDUALS;
SHERIFF AUTHORIZING TEMPORARY EMERGENCY SHELTERS WITH REGARD TO THE
PREDATORS AND OFFENDERS; REQUIRED SIGNAGE; OFFICIAL ACTIONS BY LAW
ENFORCEMENT PERSONNEL; ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
17E
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
Ordinance Regarding Policy for Sexual Predators/Offenders in Emergency Shelters
Attachments:
ORD-Policy for Sexual Predators and Offenders in Shelters.doc; Ord. Policy for Sexual
Predators & Offenders in Shelters. dot
Legals,
Please advertise the following on Friday March 30, 2007. Any questions, please contact me.
Thank you
~ ~
ORD-Policy for Ord. Policy for
Sexual Predator... Sexual Predato...
Teresa L. Polaski
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Polaski@clerk.collier.f1.us)
1
_~._..,_~"_~.._,__..~_._,< ".0", '''.~~"~_~_ '.~'~_'~_"~"~_"~___"_'" u'_._.__.,.,'_ ..._-,__.,
17E
Teresa L. Polaski
From:
Sent:
To:
Subject:
Clerk Postmaster
Wednesday, March 28, 2007 11 :24 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
A TT2019592.txt; Ordinance Regarding Policy for Sexual Predators/Offenders in Emergency
Shelters
1!'1....
~
I'.:";:J
L:J
ATT2019592.txt
(231 B)
Ordinance
.egarding Policy for.
This is an automatically generated Delivery Status Notification.
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legals@naplesnews.com
1
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NAPLES DAILY :\EWS
Published Daih
Naples. FL 3-1102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve ::lS the authority. personally
appeared f2: Lamb. who on oath says that they
serve as the Assistant Corporate Sccrctaf)- of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the isslle
on March 3 ISI 2007
Al1iant further says that the said "<apks Daily N.:\\~ IS a newspaper
puhlished at "arks. in said Colli..::r County_ Florida. and that Ih..: said
newspaper has hc:rdofor..:: h..:cn c(\ntinuolls[v Pllhlishcd in said Collier
Count\'. Florida; distributed in Co[li...r and I...::c cOllnli~s 01' Florida.
.:a<:h day and has ht'<:n e:nkr.:d as s<,<:ond <.:lass mail matter .~l the: posl
orticc in \"apks_ In said (\111ic:r Count\'. 11orida, I'or a pcriod 01' 1
y<:ar ll~:-;l pr<:l'cding th~ lirs! puhli<:ati()n ol'thc altadKd copy (11
ad\'<:r1isem<,nL and affiant furth<:r sass Ib,ll he has ncithcr paid nor
promised any lh'rSOIl. linn or corporation an\' discount re:hat.:.
..:ommission or rdund for thc purpos~ of's..:curing this advcrtisemcnt for
puhlication in tht' said I~tPt'r
J.
( Signature of affiant)
Sworn to and subscribed before me
This 31st of March 20117
J 'I" \, \,.. ~", 'L::L~c>J..c\....
(Signature of notaf\ public)
Chanel A. McDonald
MY COMMISSION # 00210103 EXPIRES
June 29,2007
,,':;: i~fr;- ril~'U Trey r'';I'~ I~]~UPANCF, INC
FEI 59-257S327
Mbtlct !If' l~tNi TO
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room..$r~-' Admin-
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the ao.rd_~f county
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dmance I. III fGttoWs:
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~lrtVID1NG tlEF,.lI"H'
liONS; DUTlES Of ~
SEXUAL PREDA. R"N-
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to Il\thlf""" lie hMnl. 1
,',-'" !
pir..~1
.~pi1Ortopre-
sentatlon of 'the agenda
Item to be addressed.
Indlyldual speakers will
be limited to 5' minutes
on any Item; The selee-
tJotlofan tQ~'illtJlal ~9
speak on behalf of an
organization or group Is
encouraged. If ,recog-
nized by tht Chairman.
a spokesperson for a
group oro~anJzatlon
may be allotted 10 min-
utes to s'peak on 'an
. Item.
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Person. wlshlng_ to
have written or,ortPhlc
mate-tiais..iriawded In
the Boord eg_ped<.
ets must suIDmlt..ld
material . mtnlmUm 013
weeks prior. to' the re~
spectlVe PUblic hearing.
In any case, written ma-
terials Intended to be
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en day. p.rlor to the
putln. """""Iri' An....
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING sa..? E
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 Ofticc. The completed routing slip and original
documents arc to be forwarded to the Board Ofllce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotiOll of the Chainnan's si......., draw a line _ routiruz lines # I _ #4, comolete the checklist, and forward to Sue Filson line #51.
Route to Addressee(s) Office Initials Date
(List in roohn. 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 Bce approval. NonnaIly the primary contact is the person who createdlprepared the executive
sumnwy. Primary contact inbmation is needed in the event one of the addressees above, mcluding Sue Filson, need to contact staff for additional or missing
information. All original docwnents needing the BCe Olairman's signature are to be delivered to the BCe offICe only after the Bee has acted to approve the
item.)
Name ofPrirnary Staff L::\- ~~'" <:::'>,rv-..' j D-
Contact . rYl \ ~Il ,~\
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
~- ::::'0
1
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a -r nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by tbe 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 ssibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final n otlated contract date whichever is licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure 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 BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
Tbe document was approved by tbe BeC nn 0 (enter date) and all cbanges
made during tbe meeting bave been incorporated in tbe attacbed document. Tbe
Coun Attorn's Oftke bas reviewed tbe chan ""' if a lieable,
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I: Forms! County Fonnsl BCC Fonnsf Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
2.
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COlliER COUNTY ORDINANCE NO. 2007 - ~
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROVIDING DEFINITIONS;
DUTIES OF EACH SEXUAL PREDATOR AND/OR SEXUAL OFFENDER AND OTHER
INDIVIDUALS; SHERIFF AUTHORIZING TEMPORARY EMERGENCY SHELTERS WITH
REGARD TO THE PREDATORS AND OFFENDERS; REQUIRED SIGNAGE; OFFICIAL
ACTIONS BY LAW ENFORCEMENT PERSONNEL; ENFORCEMENT AND PENALTY
PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of Collier County, Florida is the
governing body in and for Collier County, Florida; and
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board") is
deeply concerned about the numerous recent occurrences in Florida and elsewhere in the
United States, whereby convicted Sexual Predators and Sexual Offenders (who have been
released from custody, and who are required to register) nevertheless all too often repeat
similar types of unlawful acts for which they had have been convicted; and
WHEREAS, the Board finds from the available evidence that the recidivism rate for
these Sexual Predators and/or Sexual Offenders is alarmingly high, especially for those who
commit such crimes against children; and
WHEREAS, the Board desires to establish this ordinance to safeguard individuals,
especially children, frorn criminal acts that are perpetrated by Sexual Predators and Sexual
Offenders in Collier County; and
WHEREAS, the Board finds that each individual designated by the State of Florida, or
by any other Statute of any other State of the United States, or by the Government of the
United States or any agency thereof, if now or hereafter applicable, as a "Sexual Offender" or
"Sexuai Predator" and who is required by any such law to register as a "Sexual Offender" or
"Sexual Predator" shall not be allowed in any Temporary Emergency Shelter located in Collier
County where children or any other potential sexual offense victim(s) of any such Sexual
Predator or Sexual Offender may evacuate to, anytime during a declared natural or man-made
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that a new Article of the Collier County
Code of laws and Ordinances is hereby created as a new Chapter 111 to read as follows::
SECTION ONE. TITLE. This Ordinance is, and may be cited as, the "Collier County Temporary
Emergency Shelters Regarding Sexual Predators and Sexual Offenders Ordinance."
SECTION TWO. DEFINITIONS.
"Any Shelter" and "Any Other Shelter" means any building, structure or facility,
including, and not limited to, residence, motel, hotel, mobile home, apartment, co-operative
apartment, condominium, vessel and/or vehicle used for help, care, eating, sleeping or to be
under roof or out of the weather. "Any Shelter" and "Any Other Shelter" includes Sexual
Predator or Sexual Offender Shelters and Temporary Emergency Shelters.
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"Evacuate" means to go to Any Shelter or Any Other Shelter for the purpose of residing
there for any length of time during or after a declared emergency, including eating any meal or
to sleep. An individual does not evacuate to a shelter if the individual does not take any
tangible property to the shelter, including any change of any clothing or change of shoes, or
any items for personal hygiene purposes, nor for eating or sleeping, and the reasons to go to
the shelter do not include to reside therein for any length of time, such as, and not limited to,
trying to determine the whereabouts of any other individual(s) or only to gain information
related to the declared emergency or impending emergency.
"Temporary Emergency Shelter" means a designated public or private building
or designated public or private facility where temporary housing, feeding, and/or any other
service or care is provided by employees and/or volunteers to individuals who are physically
present in such building or facility to obtain help, shelter and/or care from employees or
volunteers in anticipation of, or because of, an emergency, including storm, hurricane,
tornado, flood, explosion, fire and/or any other natural, technological, man-made, or other
disaster event.
"Sexual Predator Shelter or Sexual Offender Shelter" means each Temporary
Emergency Shelter that has been identified and designated as such a shelter by the Collier
County Sheriff's Office, in conjunction with the Collier County Emergency Management
Department, at which, applying this Article, a "Sex Offender" or "Sexual Predator" may lawfully
be present in anticipation of, or because of, a then existing emergency or disaster event.
SECTION THREE. SEXUAL PREDATORS AND SEXUAL OFFENDERS NOTIFICATION AND
REGISTRATION REQUIREMENTS.
A. Duties of Each Sexual Predator and/or Sexual Offender. Each individual who is
required by Florida law, or by the law of that individual's State of residency in the United
States, or by any applicable law of the Government of the United States or any agency
thereof, to register in Collier County as a Sexual Predator or Sexual Offender and that
individual intends to evacuate to Any Shelter irrespective of the Shelter's location (in or out-of-
state). the "notifying individual" shall:
1. Before evacuating to Any Shelter whatsoever, shall telephone or otherwise verbally
or personally notify the staff member in the Collier County Sheriff's Office Sex Offender Unit,
designated as the "Sex Offender/Predator Unit Investigator" of (a) the notifying individual's full
name, date of birth, social security number and permanent registered residential address, if
any. If the notifying individual has no residence address in Collier County, the notifying
individual shall inform the Unit's staff member of the exact physical location of his or her place
of residence, including if applicable, any vehicle, vessel, or other similar or dissimilar thing
used by the notifying individual as a residence; and/or means of transportation (b) the name of
and the physical location of the individual's selected Any Shelter, including that Shelter's
street address, (c) explain how member(s) of the Collier County Sheriff's Sex
Offender/Predator Unit can readily communicate with the notifying individual while the
notifying individual is at that Any Shelter, (d) answer any questions asked by the Collier
County Sheriff's Sex Offender/Predator Unit's personnel then communication with the
notifying individual, (e) complete any forms as required by the respective unit; and (f) obey
instructions given to the notifying individual by the Unit's law enforcement personnel. This
notice provision applies anew whenever the Sexual Predator or Sexual Offender vacates Any
,
,
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Shelter to re-evacuate to Any Other Shelter. If all then available telephone systems used to
normally communicate with the Collier County Sheriff's Office's Sex Offender/Predator Unit
are not operating, the notifying individual shall as soon as possible telephone the Collier
County Sheriff's Office at their published "non-emergency" telephone number, (239) 774-
4434; and/or personally make contact with a law enforcement deputy to advise them of the
location and all contact information required by this subsection.
2. After notifying the Collier County Sheriff's Office Sex Offender/Predator Unit as
required, as specified above, the notifying individual may thereafter evacuate only to the
Shelter that the notifying individual reported to the Sheriff's Sex Offender/Predator Unit as
required by subsection 1, above.
3. Notice Requirements at a Sexual Predator or Sexual Offender Shelter. If a Sexual
Predator or Sexual Offender evacuates (and/or re-evacuates) to a Sexual Predator/Sexual
Offender Shelter, upon the respective notifying individual's arrival at such shelter the
notifying individual (a) shall immediately notify a law enforcement officer, if any, then on duty
at the shelter, and if a law enforcement officer is not then present and on-duty at that shelter, shall
seek out and immediately notify an adult individual who is authorized to be operating that shelter,
that the reporting individual is a Sexual Predator and/or a Sexual Offender; (b) shall complete and
sign the shelter's log-in sheet with his/her full and correct name; (c) shall complete and sign all
registration forms required at the shelter, and (d) shall immediately deliver such completed forms
to that law enforcement officer (or to that individual operating that shelter).
4. Notice Requirements at a Temporary Emergency Shelter that is not a Sexual Predator
or Sexual Offender Shelter. If a Sexual Predator or Sexual Offender evacuates (and/or re-
evacuates) to any Temporary Emergency Shelter that is not a designated Sexual Predator or
Sexual Offender Shelter, that reporting individual, upon arrival at the shelter, shall
immediately seek out and notify a law enforcement officer, if any, then at the shelter, or if a law
enforcement officer is not then present at that shelter, he or she shall immediateiy seek out and
immediately give notice to an adult individual authorized to be operating that shelter, that the
reporting individual is a Sexual Predator and/or a Sexual Offender. In the absence of a law
enforcement officer then present at that shelter, the individual operating said shelter shall as soon
as possible notify law enforcement personnel of the presence of the individual identified as a
Sexual Predator and/or Sexual Offender. Law enforcement personnel then on duty at the
Temporary Emergency Shelter, or responding to the Temporary Emergency Shelter, shall either
assign each such arriving Sexual Predator or Sexual Offender to the designated Sexual
Predator or Sexual Offender Shelter, or in exigent circumstance or as an alternative, promptly
assign such individual to a specific secure and separate physical location, if any exists, within the
Temporary Emergency Shelter (that is not a Sexual Predator or Sexual Offender Shelter) that
has been set aside to house such Sexual Predators and Sexual Offenders. Each Sexual
Offender and/or Sexual Predators who evacuates to any Temporary Emergency Shelter shall fully
comply with the requirements of subsection (A) (3) above, exactly the same as if that Shelter is a
Sexual Predator or Sexual Offender Shelter. All of these reporting, notice and other Sexual
Predator and/or Sexual Offender duties shall immediately apply anew whenever the
respective Sexual Predator and/or Sexual Offender decides to evacuate to any other
Temporary Emergency Shelter in Collier County. Each such Sexual Predator and/or
Sexual Offender shall immediately seek out and immediately notify a law enforcement
officer and/or operating employee at the prior shelter that he or she is evacuating to
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another shelter, including the name and the complete street address of such Any Other
Shelter. A Sexual Predator and/or Sexual Offender assigned to a specific, secure and separate
location within a Temporary Emergency Shelter shall not enter any other area of the
Temporary Emergency Shelter except after expressed permission from, and being physically
accompanied by, a law enforcement officer, an authorized Temporary Emergency Shelter
employee, or authorized volunteer at that shelter. Family member(s) and/or other individuals
accompanying the Sexual Predator or Sexual Offender, including his or her visitors, to a
Temporary Emergency Shelter, shall not go into any area designated to house or secure Sexual
Predators and/or Sexual Offenders.
5. All Sexual Predators and Sexual Offenders shall adhere to and comply with all
Temporary Emergency Shelter intake processes, rules and regulations that apply to other
individuals physically present in the respective shelter (except those that apply only to employees
and/or volunteers), and shall adhere to and comply with all directions and all instructions given by
those charged with their care, custody and control.
6. All Sexual Predators and all Sexual Offenders shall adhere to and comply with all
applicable Florida Statutes governing their duties to report any change in his or her '1emporary
residence" which, as applied to Sexual Predators, as defined in Subsection 775.21 (2)(g), Florida
Statutes, to be: "a place where the person abides, lodges, or resides for five (5) or more
consecutive days" or his or her "permanent residence," which is defined in Subsection
775.21 (2)(f), Florida Statutes, as "a place where the person abides, lodges, or resides for a period
of 5 or more days in the aggregate during any calendar year and which is not the person's
permanent address or, for a person whose permanent residence is not in this state [Florida], a
place where the person is employed, practices a vocation, or is enrolled as a student for any
period of time in this state." As applied to Sexual Offenders, Subsection 943.0435(3)(c), Florida
Statutes, reads: "'Permanent residence" and 'temporary residence' have the same meaning
ascribed in section 775.21 [Florida Statutes]."
7. No Sexual Predator or Sexual Offender shall work in any capacity, nor volunteer in any
capacity, with regard to any Temporary Emergency Shelter, whether or not for any compensation.
8. Each Sexual Predator or Sexual Offender shall depart from a Temporary
Emergency Shelter immediately upon being instructed to do so by any law enforcement officer.
B. Designation of Temporary Emergency Shelters. The Collier County Sheriff, in
conjunction with the Collier County Emergency Management Department, may designate all or
specified parts of public buildings, jails, or other correctional facilities as Temporary Emergency
Shelters, to which Sexual Predators and Sexual Offenders may evacuate. No portion or area
within a Collier County public school, or within any private school, shall be designated as a Sexual
Predator or Sexual Offender Shelter. This Ordinance does not require that these shelters
comply with any Red Cross standards.
C. Use of Correctional Facilities as Shelters. Sexual Predators and/or Sexual Offenders
may be allowed temporary shelter in the Collier County Jailor other correctional facilities that is
then under the jurisdiction of Collier County's Sheriff.
D. Required Signage at Temporary Emergency Shelters and at Sexual Predator / Sexual
Offender Shelters. Law enforcement personnel on duty at these shelters or other individual(s)
operating and responsible for intake of sheltering individuals at such shelters shall place signs
at the entrance(s) and exit(s) in use at such shelters, and also at appropriate conspicuous places
within these shelters, to give notice to Sexual Predators and Sexual Offenders of their duties,
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including to immediately identify themselves as a Sexual Predator and/or Sexual Offender (and
including the completing and signing of Sexual Predator and Sexual Offender change of address
and registration forms), and understanding their requirements, restrictions, limitations and
prohibitions as specified in this Article.
E. Official Actions by Law Enforcement Personnel. Each law enforcement officer
performing any in-the-line of duty act under any provision of this Article shall be deemed to be
acting within the scope of his or her discretionary authority as a law enforcement officer.
F. Enforcement and Penalty Provisions. In addition to all enforcement provisions
specified below in this Article, or as provided in Section 125.69, Florida Statues, any individual
who shall violate any provision of this Article, at the election of the County shall be subject to the
enforcement provisions of Section 1-6 of the Collier County Code of Laws and Ordinances.
Apparent violations of this Article may be referred by the Sheriff's Office to the Collier County
Code Enforcement Board for enforcement pursuant to Chapter 162, Florida Statutes. Any
individual convicted in Court of any provision of this Article may be fined up to $500, or by
imprisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine
and imprisonment for each separate violation. Court imposed fines and court costs imposed
against a violator of this Article shall be distributed as follows: Five dollars ($5.00) to the Clerk of
the Courts as an administration fee, and the balance of the funds of each such fine is to be
deposited in the fine and forfeitures fund of the Sheriff's Office to offset the Sheriff's operating
budget costs. Any individual found to have violated this Article by a civil (administrative)
enforcement forum, including a Collier County Code Enforcement Board or
Code Enforcement Special Master may be fined up to Five Hundred Dollars ($500.00) for each
such violation. Every time the violation occurs or recurs may be deemed to be a separate violation
of this Article.
G. Statutory Authority. This Article is in addition to and shall not be construed to affect
Section 775.21, Section 943.0435, Florida Statutes, or any other Statute or other applicable
general law or applicable special law. Therefore, nothing in this Article affects any Sexual
Predator's or any Sexual Offender's duty, responsibility and/or obligation as required by any
statute or applicable federal or state law.
SECTION FOUR. CONFLICT AND SEVERABILITY.
In the event this Article conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Article is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Article shall be made a part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Article may be renumbered or relettered to accomplish that result,
and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word.
SECTION SIX. EFFECTIVE DATE.
This Article ("Ordinance") shall be effective upon filing with the Florida Department of
State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this f.o1:i:L day of !/fr; I ,2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Jam!s~
ATTEST:
dwight)~.~ock,Clerk
.
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i~~t.. .. 1'UIl'
Jt~ OOl~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-37
Which was adopted by the Board of County Commissioners
on the 10th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of April, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~
By:
Martha Ver<;1ara,
Deputy Clerk '