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Backup Documents 04/24/2007 R Board of County Commissioners Regular Meeting BACK-UP DOCUMENTS April 24, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~a\."'\\ J I,..;. " " r I,. ' ""'\. 9, '." AGENDA April 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice-Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman 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." Page 1 April 24, 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 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 - 4/1 (Commissioner Henning opposed) B. March 27, 2007 - BCC/Regular Meeting Approved as presented - 5/0 Added C. March 28, 2007 - BCC/ District 2 Townhall Meeting Approved as presented - 5/0 3. SERVICE AWARDS A. 20 YEAR ATTENDEES 1) Maura Kraus - Parks & Recreation Environmental Specialist Presented Page 2 April 24, 2007 2) Robert Thurston - CDES Presented 3) Cheryl Soter - CDES Presented 4) Joseph Collins - Utilities Billing Presented 5) Steven Ritter - Transportation Engineering Presented 6) Ramiro Ponce - Transportation Maintenance Road & Bridge Presented 7) Richard Noonan - Building Review & Permitting Not present 8) Barbara Pitts - Library - Immokalee Branch Not present B. 25 YEAR ATTENDEES 1) Marilyn Matthes - Library Administration Presented C. 30 YEAR ATTENDEES 1) Gail Wilver - Parks & Recreation Administration Presented 2) Pablo Salinas - Parks and Recreation - Immokalee Aquatic Not present D. 35 YEAR ATTENDEES 1) Cecilia Martin - CDES Presented 4. PROCLAMATIONS Page 3 April 24, 2007 A. Proclamation to recognize May 6, 2007 through May 12, 2007 as Drinking Water Week. Water is one of our most basic and vital needs and our health, safety, comfort and standard of living depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director, Water Administration; Ms. Pamela Libby, Operations Manager, Water Administration; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor, Water Lab Adopted - 5/0 B. Proclamation to recognize Mr. Michael Malloy for his volunteer work as Master Gardener. Mr. Malloy has donated his time and efforts to the Master Gardener program, sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitats. To be accepted by Mr. Michael Malloy Adopted - 5/0 C. Proclamation to designate the month of April 2007, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq and Mr. James French from the Community Development and Environmental Services Division Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, CliffOng, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007 Presented B. Contractor's presentation regarding the C.R. 951 Water Main project by Akerman Construction Company, Inc Presented C. Distinguished Budget Presentation Award for the current fiscal year (20th) from the Government Finance Officers Association (GFOA) presented to the Page 4 April 24, 2007 Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget Presented D. Presentation by Dr. George Yilmaz, recognizing Jon Pratt, NWRF Manager, as the recipient of the Water Environment Federation's William D. Hatfield Award Presented 6. PUBLIC PETITIONS A. Public petition request by Tom Killen to discuss Radio Square PUD and outstanding commitments Presented - Petitioner would like the PUD amended B. Public petition request by John Shepard to discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way To be brought back to the May 22, 2007 BCC Meeting @4:30 p.m. time certain C. Public petition request by Richard Viscusi to discuss tree removal along boundary ofWal-Mart and Sunrise Condominium Complex Presented - Petitioner to speak with his HOA regarding hedge height Withdrawn D. Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to the May 8, 2007 BCC Meeting A. Sheriff's Office and Countv Staff recommend that this item be continued to the Mav 8, 2007 BCC Meetinl! to finalize staff coordination. Board Consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations Page 5 April 24, 2007 such as parks, schools, daycare centers and playground within the County and prohibiting property owners from renting and/or leasing all or portions of real property to them within the proscribed limits Moved from Item #17F B. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Down-payment Initiative (ADm) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Sub-recipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD) Resolution 2007-101: Adopted w/changes - 4/1 (Commissioner Fiala opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council Resolution 2007-102: Appointing Llewellyn Williams and David Bishof; Re-appointing of Mike Sorrell and William Hughes - Adopted 5/0 B. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board Resolution 2007-103: Appointing Maurice Gutierrez and Jill Barry; Re- appointing Lindsey Thomas, Ronald Fowle (w/waiver of 2 term limit) and Steven Main - Adopted 5/0 C. Recommendation to declare a vacancy on the Affordable Housing Commission Resolution 2007-104: Declaring the Vacancy - Adopted 5/0 10. COUNTY MANAGERS REPORT A. This item to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, Project 52160 Page 6 April 24, 2007 Resolution 2007 100 Adopted w/eonditions 5/0: Resolution not adopted for Commercial Paper - To return w/request at a future date if needed; Motion to approve initial phase of contract as designed and to send item to the Productivity Committee to work on costs and value engineering for the finishing details for the total project - Approved 5/0 B. Recommendation to approve the intent of the Collier County Water-Sewer District to implement Water Restriction measures, per the South Water Management District (SFWMD) Water Shortage Plan. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 C. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion for this item to be brought back for possible inclusion in the Collier County Land Development Code - Approved 5/0 D. This item to be heard at 3:00 p.m. Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Resolution 2007-105 Adopted 5/0 (To set up Ad-Hoc Committee) E. Presentation of a proposed Collier County Pre-purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners to consider and provide direction on whether or not to make available this Pre- Page 7 April 24, 2007 purchase Inspection Service to prospective real estate buyers in Collier County. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion was made to take no action on this item - Approved 5/0 F. This item is to be heard at 4:30 p.m. A report on solid waste collection options for white goods, tires, batteries and electronics in specific areas of the County. (Jim DeLony, Administrator, Public Utilities) Staff direction to continue current program - Approved 5/0 G. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to l4B to be heard after 14B is discussed by the CRA)(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Withdrawn due to the denial of Item #14B H. Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Direct staff to return with a fee schedule to continue providing service - Approved 5/0; May need to create a better policy if problems arise w/contracts and agreements so that the BCC is informed I. This item to be heard at 2:00 p.m. Report of the findings on Utility Issues related to Transportation Projects Motion for the County Manager to accept the Productivity Committee's recommendations and implementation and to bring back at a future BCC Meeting - Approved 5/0 J. Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May I, 2007. (Debbie Wight, Assistant to the County Manager) Page 8 April 24, 2007 Topics to include: Future annexation, Florida Legislature and property taxes, cooperative efforts referencing Naples Bay and Clam Bay, Charter Government, the City's request for County funds and a recycling program that mirrors Collier County's program - Consensus K. Recommendation that the Board of County Commissioners reject the $16.5 million counter-offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). Approved - 5/0 Moved from Item #16A1 L. Recommendation to adopt a Resolution supporting a feasibility study for the proposed Heartland Parkway Motion to deny - 4/1 (Commissioner Coletta opposed) Moved from Item #16B6 M. Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#924I Approved - 5/0 Moved from Item #16C6 N. Recommendation that the Board of County Commissioners Award Contract # 06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed) Moved from Item #16E7 O. Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated Approved - 5/0 Moved from Item #16B1 P. Recommendation to approve a Resolution to terminate an "Interlocal Agreement between the City of Naples and Collier County regarding Page 9 April 24, 2007 maintenance assistance for the Traffic Signal System on Goodlette-Frank Road between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City. Motion was made to amend agreement and bring back at a future BCC Meeting - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice of Closed Attorney-Client Session B. This item to be heard at 1 :00 p.m. Board of County Commissioners to Provide Direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Motion to re-direct staff to reject offer and have staff negotiate a settlement offer, no malicious acts and for all issues to come to an end - Approved 4/0 (Commissioner Coyle abstained) C. Recommendation to approve a Pre-Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1 ,283,988.00 which is required for the construction of V anderbilt Beach Road Extension Project #60168. (Fiscal Impact: $1,298,488.00) Approved - 5/0 D. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) Approved - 5/0 13. OTHER CONSTITUTIONAL OFFICERS Page 10 April 24, 2007 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or about 11 :00 a.m. Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007-2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Approved - 5/0 B. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to lOG to be heard before lOG is discussed) Motion for denial- Approved 4/1 (Commissioner Coletta opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Coyle's report on what illegal aliens cost Collier County each year B. Commissioner Halas: Update on Tax reform in Tallahassee C. Commissioner Coletta: Letter from Bill Barton requesting a joint workshop between the BCC and the SW Florida Expressway Authority on a date to be determined (possibly May 18, 2007) D. Commissioner Fiala regarding illegal aliens and their qualifying for impact fee deferrals E. Commissioner Fiala request's a HUD Plan be delivered to the Clerk's Office in the future F. Commissioner Fiala: Discussion on density bonuses on projects G. Commissioner Henning: Fire-Steering Committee and fire-fighter pay H. Commissioner Henning: 2007 Legislation Property Tax Reform I. Commissioner Coyle: Affordable Housing density discussed Page 11 April 24, 2007 --------------------------------------------------------------------------------------------------------- 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 - 4/1 (Commissioner Henning opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Moved to Item #10L 1) Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway 2) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl! be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of "Via Veneto Lots 30 and 33 Replat" W /stipulations 3) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl! 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 "Castlewood at Imperial". The roadway and drainage improvements will be privately maintained. Resolution 2007-91 4) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl! be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of "Silver Lakes Phase Two-G" W /stipulations Continued Indefinitely 5) Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics Located in Immokalee Page 12 April 24, 2007 6) Recommendation to reject Bid No. 06-4050 for demolition of Commercial/Residential Structures W /stipulations 7) Recommendation to accept the Special Magistrate's decision on the Mediation Proceedings for Case 06-CEB-00055: Jerry and Kimberlea Blocker v. BCC B. TRANSPORTATION SERVICES Moved to Item #10P 1) Recommendation to approve a Resolution to terminate an "Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette- Frank Road between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City 2) Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 51101 County will be responsible for course restoration in the LASIP impacted construction areas and for fair share costs of a bridge replacement 3) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. For rehabilitation and the construction of bus-related transfer facilities 4) Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impact $300.00. ) Located on the northwest corner of Santa Barbara Boulevard and Painted Leaf Lane (5605 Painted Leaf Lane) Page 13 April 24, 2007 5) Recommendation to Award Bid #07-4113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services As detailed in the Executive Summary Moved to Item #10M 6) Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#9241 7) Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes Memorandum of Understanding with Grants Pro of Fort Myers C. PUBLIC UTILITIES 1) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien As detailed in the Executive Summary 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien Resolution 2007-92 3) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-93 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Page 14 April 24, 2007 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien Resolution 2007-94 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien Resolution 2007-95 Moved to Item #10N 6) Recommendation that the Board of County Commissioners Award Contract # 06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 7) Recommendation to utilize short-term inter-fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion Project #700971, and for the South County Regional Water Treatment Plant (SCRWTP) Wellfield Expansion-Easement Project #708921, Water Impact Fee capital projects D. PUBLIC SERVICES 1) Recommendation to affirm the approval ofa United State Fish and Wildlife Cooperative Agreement 4018l6J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of$30,000 2) Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the County's Major Beach Renourishment Project (905271) 3) Recommendation to authorize a payment of $75,000 to Betty Briggs to purchase the Rob Storter Collection and to authorize the Chairman Page 15 April 24, 2007 of the Board of County Commissioners to execute the attached three- party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County 4) Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department Participation should generate $6000 in credit reporting fees 5) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 86, Independence, Phase II Located just off the intersection of Lake Trafford Road and Little League Road in Immokalee 6) Recommendation to recognize anticipated revenue in the amount of $11,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget 7) Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007-2008,2008-2009 and 2009-2010 as required by state law and submit to the Florida Housing Finance Corporation Resolution 2007-96 8) Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission Resolution 2007-97 E. ADMINISTRATIVE SERVICES 1) Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December 16, 2006 through March 30, 2007 Page 16 April 24, 2007 2) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24,2007, resulting in gross revenues of $518,875.25 3) Recommendation to approve an Agreement for Sale and Purchase with Harvey N. Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $898,000 Parcel location is adjacent to the existing Conservation Collier Otter Mound Preserve (City of Marco Island, Caxambas Block 9 Parcel G) 4) Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $1,045,700 5) Recommendation to approve Phase III "Enterprise Implementation Strategy" of the "Enterprise Content Management Strategy", Project No. 500421, in the amount of $25,000.00 W /stipulations 6) Recommendation to approve the "Grant of Storm Water Drainage Easement" agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, Project Numbers 54003 and 52160 W /stipulations Moved to Item #100 7) Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated F. COUNTY MANAGER Page 17 April 24, 2007 1) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland firefighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $3,340.98 The Isles of Capri Fire and Rescue District G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a guest speaker at Naples Sailing & Yacht Club Men's Speaker Luncheon on March 15,2007. $9.95 to be paid from Commissioner Coyle's travel budget 2) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2,2007. $21.53 to be paid from Commissioner Halas' travel budget Located at the Hilton Naples, 5111 Tamiani Trail North, Naples, FL 34103 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Leadership Collier Class of2007 Graduation on May II, 2007 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget Located at the Naples Beach Hotel and Golf Club, 851 Gulf Shore Blvd. North (Watkins Lawn), Naples 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget Page 18 April 24, 2007 5) Withdrawn 6) Located at the Hilton Naples, 5111 Tamiami Trail North Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Attended the 4-H Foundation Luncheon on Tuesday, April 10, 2007 at the First United Methodist Church; $9.00 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. Attended the Collier Republican Club Meeting on Monday, April 9, 2007 at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Leadership Collier Class of2007 Graduation on Friday, May II, 2007, at the Naples Beach and Golf Hotel; $50.00 to be paid from Commissioner Fiala's travel budget Located at the Naples Beach Hotel and Golf Club, 851 Gulf Shore Blvd. North (Watkins Lawn), Naples 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 31, 2007 through April 06, 2007 and for submission into the official records of the board 2) To obtain board approval for disbursements for the period of April 07, 2007 through April 13, 2007 and for submission into the official records of the board K. COUNTY ATTORNEY Page 19 April 24, 2007 1) Recommendation that the Board of County Commissioners ("Board") approve the Committee's selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney 2) Recommendation to approve the Second Offer of Judgment in the amount of$20,000 as to Parcels 114 & 914 in the lawsuit styled CC v. Elias Valencia, et aI., Case No. 03-2274-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) 3) Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans "Paradise Coast Blueway" and "Paradise Coast Blueway - The Collier County Paddling Trail" 4) Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road (CR862) Project No. 63051). (Fiscal Impact $22,000.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Page 20 April 24, 2007 A. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003-39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind-the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act" Ordinance 2007-39 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2007-AR-1l203, Lot 61, Black Bear Ridge- Phase I, disclaiming, renouncing and vacating the County's and the Public's interest in a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase I, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A" Resolution 2007-98 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA-2005-AR-7136: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, A1CP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DR!) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4:J: acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA-2005-AR- 10157) Resolution 2007-99/Development Order 2007-02 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2006-AR- 10157: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of Page 21 April 24, 2007 WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4::1: acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport-Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA-2005- AR-7136) Ordinance 2007-40 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006- AR-9150 Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned "A" Rural Agriculture with a Conditional Use (CU) overlay to "MPUD" Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square feet of retail or office space and ten multi-family units; the project is to be known as Bradford Square MPUD. The subject property is 9.18::1: acres located at 14258 Livingston Road, north east corner of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Collier County, Florida Ordinance 2007-41 Adopted w/changes entered into the PUD - 5/0 Moved to Item #8B F. Recommendation to approve a Resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Down-payment Initiative (ADm) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Sub-recipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A representing Elias Page 22 April 24, 2007 Brothers Communities Two, Inc., requesting to rezone a 55- acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 951) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida Ordinance 2007-42 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 April 24, 2007 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 24. 2007 Add Item 2C: March 28, 2007 - Approval of minutes for District 2 Town Hall Meeting. (Staff's request.) Withdraw Item 6D: Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. (Petitioner's request.) Item 8A continued to the Mav 8. 2007 BCC meetina: Board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations such as parks, schools, daycare centers and playground within the County, and prohibiting property owners from renting and/or leasing all or portions of real property to them within the proscribed limits. (Sheriff's Office and County Staff's request.) Move Item 16A1 to 10L: Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. (Commissioner Coyle's and Commissioner Fiala's request.) Continue Item 16A5 indefinitelv: Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. (Staffs request.) Item 16A6: For the sake of caution, staff has requested that the BCC waive the $50,000 formal competitive threshold if necessary during the re-bidding process in the event that work to a given vendor exceeds $50,000 cumulatively. Staff anticipates bringing a new contract to the Board for award within 90 days. Move Item 16B1 to 10P: Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette-Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. (Staff' request.) Move Item 16B6 to 10M: Recommendation to approve a one-year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#9241. (Commissioner Coyle's request.) Move Item 16C6 to 10N: Recommendation that the Board of County Commissioners award Contract #06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. (Commissioner Coyle's and Commissioner Henning's request.) Move Item 16E7 to 100: Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. (Commissioner Coyle's request.) Withdraw Item 16H6: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Republican Club Meeting on Monday, April 9, 2007, at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move 17F to 8B: Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007-2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Subrecipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). (Commissioner Henning's request.) Time Certain Items: Item 10 A to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. Item 100 to be heard at 3:00 p.m.: Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the Collier County Fire Prevention and Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (FFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division.) Item 14A to be heard on or about 11 :00 a.m.: Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007-2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Item 14B to be heard on or about 11 :00 a.m. followinQ 14A: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 10G to be heard on or about 11 :00 a.m. followinQ Items 14A and 14B: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 101 to be heard at 2:00 p.m.: Report of the findings on Utility Issues related to Transportation Projects. Item 12A to be heard at 12:00 noon: Notice of Closed Attorney-Client session. Item 12B to be heard at 1 :00 p.m.: Board of County Commissioners to provide direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 4,4 PROCLAMA TION WHEREAS, water is one of our most basic and vital needs, and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water,' an"- WHEREAS, the citizens of Collier County should have a safe and dependable supply of water both now and in the future,' an"- WHEREAS, we are calling upon each citizen to help protect our water resources from pollution, to practice water conservation, and to be involved in local water issues. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6 - 12, 2007 be recognized as DRINKING WATER WEEK DONE AND ORDERED THIS 2#h Day of April, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER C. TY, FLORIDA '"A,~.c.I1AIRMAN A TrEST: jZ T "-.- 40 ,. PROCLAMA TION WHEREAS, an important part of the Collier County and University of Florida Extension is to inform residential gardeners about the southwest Florida eco- friendly urban gardening,' an"- WHEREAS, trained Master Gardener volunteers perform an extremely important role in this service/ an"- WHEREAS, one Master Gardener volunteer has shown himself to go above and beyond expectations in teaching residents what plants are appropriate to Collier County's climate and water limitations, and advocating the elimination of pesticide use for the promotion of wildlife and protection of the environment/ an"- WHEREAS, this volunteer has become a stand-alone Master Gardener, has given his time to receive training, has shared over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations, and has donated his time and efforts to increase awareness of the importance of retaining wildlife habitats/ an"- WHEREAS, his donation of over 1,000 documented hours of time in the Master Gardener Program since 2005 has been of tremendous benefit to the citizens of Collier County/ an"- WHEREAS, the Board of County Commissioners would like to express their deepest appreciation to Michael Malloy for all his volunteer work as Master Gardener. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that MASTER GARDENER MICHAEL MALLOY be recognized for his gift to the citizens of Collier County. DONE AND ORDERED THIS 24th Day of April, 2007. ~~~.~.._~ DWIG. . E BROCK, CLERK'"' 5 COLETTA, CHAr. ATTEST: \ , v PROCLAMA TION 4C WHEREAS, each year in Florida, lives are endangered. time and money are wasted. and underground utIlity facilities are destroyed because individuals fall to have existing underground utIlity faCIlities located before engaging in excavation or demolition activities that can unnecessarily damage existing underground utility facilities/ an"- WHEREAS, Florida's Governor, Charlie Crist, recently issued a proclamation endorsing protection of underground utility facilities and observance of the month of April 2007 as "Call8efore You Dig MonthH/ and. WHEREAS, ''Call Sunshine': a toll-free, one-call center that informs and notifies all porticipating utility agencies of plans to commence excavation or demolition that can damage underground utility facilities, is a free service to contractors, property owners, and other individuals who plan to commence such excavations or demolitions/ and. WHEREAS, Collier County advocates compliance with Florida statutes and local ordinances with regard to protecting existing underground utIlities from avoidable physical damage/ and. WHEREAS, each individual planning any type of excavation or demolition that might damage any existing underground utility facility slwuld aIWtlys notify ''Call SunshineH to determine whether any exisHng undcrground utility faCIlities need to be located. whereby locating personnel are dispotched. at no clJSt to each such inquiring individual, to physically mark the in-ground locations of buried utility facilities,' and. WHEREAS, Collier County recognizes Collier County and the City of Nap/es Underground Damage Prevention Task Force as the group of utility providers and local government agencies that are dedicated to the protection of underground facilities and the community's infrastructure by utilization of "Call Sunshine': NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April, 2007. be designated as CALL BEFORE YOU DIG MONTH DONE AND ORDERED THIs 24th Day of AprIl, 2007. ATTEST: ETTA, CHAIRMAN ~ _. ~. Case Number 2007020584 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION f3{c K Lt!Zl/kn Un 1 (el) CR Owner: Date: 03/05/07 Coconut River Est. Civic Assoc. Rober! B McDaniel - Secretary Investigator JOHN MARSH Phone: 239-659-5727 Zoning Dist RSF-4 See 35 Twp 49 Rng 25 Legal: Subdivision 100 Acreage Block 00 I Lot .000 Mailing: 2216 CLIPPER WAY NAPLES, FL. 34104 Lncatioo: 2190 CLIPPER WAY Unincorporated Collier County Folio 00268640008 OR Book 819 rage 1] 17 NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the ahove- described location. [gJOrd No. [gJOrd No. [gJPetition. DOrd No. DOrd No. DOrd No. Section Section Section Section Section Section 04-41 04-41 R-76-32-C 1.04.01 2.03.01 C DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ILLEGAL LAND USE. Zoning - RSF-4 Petition NO. R-76-32-C Did Witness: A Boat Launch Area. Restroom Structure, Swimmin!! Pool, Picnic Pavilion Structure and Shuffle Board area on said property. all such uses existin!! without required "Provisional/ Conditional Use" approval. DSupplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: JOHN MARSH 2800 ;-.Jo. Horseshoe Dr. Naples, FL 34104 (239) 659-5727 Fax; (239) 403-2343 .-J-J2 m~ Investigator signature VIOLATION STATUS: [gJInitial DRecurring DRepeat cc11 J4' ''11 Notice of Vi{)l~ti()n Ori>>in;'l! to File rnnv tn Re~nnnc1ent ORDER TO CORRECT VIOLATION(S) : You are directed by this Notice to take the following corrective action(s) Applv for an amendment to the "Conditional Use" for said property to add Boat Launch. Restrooms, Swimmin!! Pool, Picnic Pavilion, Shuffle Board Area and any fnture needed uses. When and if approved, then apply for a "Site Development Plan or Site Improvement Plan" for all uses !!ranted under the "Conditional Use". Permit and CO all non permitted and non CO'ed uses or facilities/ structures. OR Remove Boat Launch, Restrooms, Swimmin!! Pool. Picnic Pavilion and Shuffle Board Area from said property. ~Supplemental attached - Photos ON OR BEFORE: H/l/L Ztpll!:- 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fmes up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ~personal Service DCertified Mail DPosling of Property DFax DMail fICO' S. ature and Title of Recipient :rD ~I.s /1.< pt0c2 Print Dated this Z~ O!- day of -rT7~c.,I/. 2007 C'mw fm<;;ire Pn~tinrJ Cnnv for Otficif!l Pmtin". 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(9 00 ~a::: ~o ~ ~ Zu <(0 ~I- 0 ~ <(0 enLL oen I- a::: z z .A" I- U W W I- o W "z - - S WI Ww Wt: ::::>~ cal- o~ oz Za::: <( W~ 5z 5::::> i=~ w > 00 01- Z a::: <( en a::: a::: a::: Oa::: 0 CJ) <( I a::: a.. - a.. U 0 w W<( W> Wa.. wZ S s~ Sm S~ S~ . . . . . ,/ J 88 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original d('Cuffit'nb should he hand ddhered t(l the Board Otlicc_ The completed routing slip and original docwncnts arc to be forwarded to the Board Oilice only after the Board has la"'co 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 eXC'Rntion afthe Chairman's siPllature, draw a line throul!h routin!! lines #1 throul!h #4, coffinletc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. ~ 2. "'-e, ~ 3. "'-~ 4. ~ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Otnce 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 of1he addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the item) Name of Primary Staff Susan Golden, Grants Administration Phone Number 213-2901 Contact Manager Agenda Date Item was April 24, 2007 Agenda Item Number 8 (b) Anoroved by the BCC Type of Document HUD Action Plan with Resolution and Number of Original 6 Attached Certifications l~e"JO ~AV\ Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval 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 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 nullifiede Be aware of our deadlines! The doeument was approved by the BCC on 4/24/2007(enter date) and all cbanges made during tbe meeting have been incorporated in the attached document. Tbe Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes N/A(Not (Initial) A licable) ~ JA ~ yx ~ 2, 3. 4, 5. 6. I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 188 MEMORANDUM Date: April 25, 2007 To: Susan Golden, State Grants Admin. Mgr. Financial Administration and Housing From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-101: HUD Action Plan with Resolution and Certifications Enclosed, please find one (1) original document and one (1) certified copy of the Resolution as referenced above (Agenda Item #8B) adopted by the Collier County Board of County Commissioners on Tuesday, April 24, 2007. After Submital to the appropriate agency please return a copy of the fully executed document to the Minutes & Records Department to be kept in the public record. If you should have any questions please call me at 774-8411. Thank you. Enclosures (1) COLUER COUNTY Housing and Human Services Memo TO: FROM: SUBJECT: DATE: Ms. Sue Filson, Executive Manager .. ~ Susan Golden, Grants Administration Manag~..... . Documents requiring signature April 25, 2007 Enclosed please find six (6) originals requiring signatures as a result of Board approval on April 24, 2007. The One-Year Action Plan was moved from Summary Agenda to #8 b. Please provide the enclosed documents to the Clerk of Court's for recording and their eventual return to me for submittal to the U.S. Department of Housing and Urban Development (HUD). Once the resolution and other documents are signed, our office will copy and bind this document for distribution to HUD, the Clerk of Courts, Purchasing and other departments. Minutes and Records can reach me at 213-2901 when the originals are signed and ready to be picked up. We will provide copies to all parties in early May. Thank you for your assistance. , 8 B ....., I , 8 B '.... RESOLUTION NO. 2007 - ~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A FISCAL YEAR 2007-2008 ONE-YEAR ACTION PLAN FOR $3,199,263 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD, AUTHORIZING TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUO), AND PROVIDING }'OR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application tor planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADD!) and Emergency Shelter Grant (ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY2006-2010 was adopted by the Board of County Commissioners on April 25, 2006, following the Collier County Citizen Participation Plan, adopted January 9,2001; and WHEREAS, the FY2007-2008 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in carrying out the H U 0 programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners of Collier County approves the FY2007- 2008 One- Year Action Plan for the CDBG, HOME, ADD! and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing and Human Services Department to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, ADD! and ESG programs. Page I of2 88 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts estimated for each activity to be funded by the CDBG, HOME, ADD! and ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference. Accordingly, the individual Activity's Subrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Chairman of the Board of County Commissioners is authorized to execute the CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long as: I) each such Subrecipient Agreement conforms to the format of the attached blank forms in the Appendix, adopted and incorporated by reference, and 2) the dollar amount of each Activity and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One- Year Action Plan, referenced above. Should it be necessary to amend any of these Subrecipient Agreements, such amendment will be brought to the Board for review and approval. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this J Lj -0, day of April 2007, after motion, second and majority vote favoring same. ATTEof::'.!W p.' " '"-' Dwight E. Bmck,~~k ',." " ",...- .~ - . "" ~~~~iX ":, . " :c" , Deputy Clerk Attest as to Chalnaan , slgnature Oil 1 ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~-/ m JA ES COLETTA, Chairman App and County Attorney Item # f\h Agenda U I L\U I,/) Date :l.p--l-LCi T Date U\.~MI-."'" (, c'd -~T Page2of2 8 B '1/'1 c: ~7tf:-y ._ ~ 11....... c ~-u-nt:y - .11 ~- ONE-YEAR ACTION PLAN HUD FY 2007-2008 Collier County Board of Commissioners Jim Coletta, Chair, District 5 Tom Henning, Vice Chair, District 3 Fred W. Coyle, Commissioner, District 4 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 County Manager Jim Mudd PS Administrator, Marla Ramsey HHS Department Director, Marcy Krumbine Grants Administration Manager, Susan Golden Grants Operation Manager, Julia Langhorn The One-Year Action Plan was prepared by the staff of the Collier County Housing & Human Services Department 3050 North Horseshoe Drive, Suite 110 Naples, FL 34104 (239) 403-2330 Adopted April 24, 2007 , Collier County, Florida Table Of Contents 1. SF 424 Executive Summary 2 Program Funding 2007-2008 2 Project Selection 3 2. Genera I Information 4 Geographic Area & Maps 4 Allocating Investments 8 Managing the Process 9 Citizen Participation Process 9 Institutional Structure 12 Monitoring 12 Lead Based Paint 13 3. Housing Objectives 2007-2008 14 Funding Resources 14 Public Housing 15 Barriers to Affordable Housing 15 Housing Program Requirements 18 4. Homeless Prevention 21 5. Community Development & Special Needs 23 6. Project Location Map and Information Sheets 27 7. Certifications 8. Appendix Adopting Resolution Timeline Advertisements Public Comment FY2007 Action Plan t 8 B '/. ,l.IENTO", !~~ 1III ~\ \:.~,/ ~~~~g~r~~;i~~ ~~~r The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. SF 424 . ' ' ';~" Complete the fiIIable fields (blue cells) in the table below, The other items are pre- filled with values from the Grantee Information Worksheet, Applicant Identifier B-06-UC-120016 Tvne of Submission Date Received bv state State Identifier ~oolication Pre-anolication Date Received bv HUD Federal Identifier i Construction n Construction Non Construction , Non Construction Aoolicant Information Collier Countv Board of Countv Commissioners Contact: Susan Golden Public Services Administration Phone: (239) 213-2901 3301 Tamiami Trail East I Fax: (2391403-2331 Naples FL 134112 susanoolden@colliernov.net Emolover Identification Number rEIN): 596000558 Applicant Type: Specify Other Type if necessary: Newn B Proaram Fundina U.S. Department Of Housino and Urban Develooment Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); "'reas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Neighborhood improvements Description of Areas Affected by CDBG including affordable housing development, housing Project(s) Countywide/Collier County, FL rehabilitation, housing infrastructure, public facility improvements, and other services to benefit low income individuals and families. $CDBG Grant Amount $2,400,655 I~Additional HUD Grant(s) IDescri be Leveraoed $0 $Additional Federal Funds Leveraged $Additional State Funds Leveraged 200 000 SHIP housino rehabilitation $Locally Leveraged Funds $Grantee Funds Leveraged 3 797 000 $Anticipated Program Income 0 )ther (Describe) rotal Funds Leveraged for CDBG-based Project(s) $3,997,000 rBa Home Investment Partnerships Program 14.239 HOME HOME Project Titles Affordable housing Description of Areas Affected by HOME development, TBRA, housing rehabilitation and Project(s) Countywide/Collier County, FL nurchase assistance' and CHDO set aside $HOME Grant Amount $666,665 + ~:dditlOnal HUD Grant(s) , rescribe 13 911 for ADD! everaoed $Additional Federal Funds Leveraged j$Additional State Funds Leveraged ~350,000 SHIP purchase assistance, Ihousinn counsellnn and rehabilitation $Locally Leveraged FUnds $Grantee Funds Leveraged $3,905,767 $Anticipated Program Income 0 IOther (Describe) otal Funds Leveraged for HOME-based Project{s) $4,255,787 , Housing Opportunities for People with 14.241 HOPWA l6IDS HOPWA Project Titles N/A iDescrifr~ion of Areas Affected by HOPWA Proiect s) N/A $HOPWA Grant Amount $0 I~Additional HUD Grant(s) fescri be Leveraoed $Additional Federal Funds Leveraged I$Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) rota I Funds Leveraged for HOPWA-based .Project(s) Emergency Shelter Grants Program 14,231 ESG ESG Project Titles Emergency Shelter Grant Description of Areas Affected by ESG assistance for Immokalee Friendship House Project(s) Countywide with emphasis on rural mmokaiee $ESG Grant Amount ~Additionai HUD Grant(s) Leveraged IDescribe 98012 $Additional Federal Funds Leveraged $Additionai State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $98,012 '$Anticipated Program Income 0 Other (Describe) otal Funds Leveraged for ESG-based Project(s) $98,012 Connressional Districts of: Is application subject to review by state 14 126 Executive Order 12372 Process? Is the applicant deiinquent on any federal DYes This application was made available to debt? If "Yes" please include an additional the state EO 12372 process for review document explaining the situation. on DATE X No Pronram is not covered bv EO 12372 DYes ~No o N/A Program has not been selected by the state for review 88 "", ... Person to be contacted regarding this application Susan M, Golden (239) 213-2901 susangolden@colliergov.net Signature of Authorized Representative Board of County C mission rs oilier County, da Date Sig ned 4/ a~ I cl.(~ll Clem;y \'.:;::..' ATTEST: , ',', OW I GHT.E . (B~ .Ct.E Ilk ~~~~,~lX Deputy C, et>1<:; Atte~ t':~~ to CIla\11IIA , s Iqndture.' oill-,," . Jeffrev A latzko sistant Connty Attorney Collier County, Florida q,..~~I'T~ro~~o- {*IIIIIII *~ Second Program Year ~v~ II ql Action Plan FY 2007 8A,fV DE'i'O"O The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. 'BB Narrative Responses ENERAI.." ,j' ',' ,',' 'c, " ","~ ,~,~~' ,', Executive Summary Program Year 2 Action Plan Executive Summary: Collier County Action Plan FY 2007-2008 Program Year Background Collier County receives federal funds from the U, S. Department of Housing and Urban Development for three entitlement programs. These programs are Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and the Emergency Shelter Grant (ESG) program. Collier County utilizes State funding from the State Housing Initiatives Partnership (SHIP) program to leverage and support the federal dollars, SHIP funds, local resources and private dollars are used as the required HOME and ESG match. The main priority in utilizing the limited Federal, State and local funds is providing housing opportunities for the community's low-income residents. Collier County successfully administered five years of HUD entitlement funding and met the required timeliness test in each of the past five years. Collier continues to expend nearly 100% of its federal funding on very low and low income beneficiaries. During the 2007-2008 program year Collier County will receive the following federal grant funds: Community Development Block Grant (CDBG) HOME American Dream Downpayment Initiative (ADDI) Emergency Shelter Grant (ESG) $2,209,470 $ 686,685 $ 13,911 $ 98,012 TOTAL Federal Funds: $3,008,078 (Note: The entitlement cities of Naples and Marco Island will receive $115,849 and $75,336 respectively in CDBG funding bringing the total county allocation to $3,199,263) The County will use these funds to implement specific objectives identified in the required Five-Year Consolidated Plan for 2006-2010 which was adopted by the BCC on April 25, 2006 by Resolution Number 2006-110. FY2007 Action Plan 2 Collier County, Florida ~ 88 The primary focus of available grant funds will continue to be the provIsion of affordable housing opportunities for the very low and low income residents of Collier County, Location of Projects Grant funds are administered on a countywide basis targeted at helping low-income families become homeowners, In addition, funds are provided for housing rehabilitation, new housing construction and other activities that will provide opportunities for individuals and families to have safe, secure and healthy housing. The County will continue efforts to provide community development improvements in low-income neighborhoods throughout the community with a special emphasis on Immokalee, Copeland and River Park. The County will provide assistance to the homeless and special needs populations and the organizations that serve them, Project Selection Process In the fall of each year, the County prepares a timeline for competitive grant applications and preparation of the annual Action Plan. The timeline released in the fall of 2006 provided important dates including Grant Application workshops held in Naples and Immokalee, technical assistance, deadline for submitting competitive grants, grant scoring and selection deadlines, along with dates for the release of a draft One-Year Action Plan, 30 days of public comment and workshops and public hearings. Two grant application workshops were held in November 2006 and competitive grant applications were due December 13, 2006 for projects to be funded in the 2007-2008 program year. All agencies were provided with a "cure period" and final scoring and ranking occurred in February 2007. The County provides for competitive grant applications at least once a year and the applications are reviewed, ranked and scored using a specific set of written evaluation criteria. Projects recommended for funding are presented to the Affordable Housing Commission in March and to the Board of County Commission in April. The following projects are recommended for funding in 2007-2008: CDBG Habitat for Humanity Kaicasa infrastructure Immokalee Non-Profit Housing rehabilitation Empowerment Alliance Hatcher's Preserve infrastructure Youth Haven Crisis Stabilization COBG Planning & Administration River Park infrastructure (Naples) Sidewalk construction (Marco) HOME Big Cypress Eden Gardens fire sprinklers $ 250,000 (using CHDO setaside $103,003 and regular HOME $146,997) Collier County Housing Authority TBRA $ 300,000 Single Family Rehabilitation $ 68,017 HOME Administration $ 68,668 ADDI American Dream Downpayment Initiative ESG Immokalee Friendship House operating $1,000,000 $ 608,575 $ 59,001 $ 100,000 $ 441,894 $ 115,849 $ 75,336 $ 13,911 $ 98,012 TOTAL Federal Funding $3,199,263 FY2007 Action Plan 3 I 88 Collier County, Florida General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 2 Action Plan General Questions response: 1. Geographic Area: Federal and State funds are provided throughout Collier County, The County and two of its three incorporated cities, Naples and Marco Island, participate in the Urban County qualification process. Everglades City does not currently participate in this program. In the 2007-2008 program year over 70% of all federal funds received will be targeted to activities in the greater Immokalee area. FY2007 Action Plan 4 . f; ,...,1l L; Collier County, Florida Map One displays the 2000 Census Block Groups (subdivisions of Census Tracts) where more than 51% of the population has incomes below 80% of the Naples MSA's (Collier County) median family income. Within these areas the County can conduct CDBG activities on an area-wide benefit basis. As this map shows, the County's low- income areas continue to be concentrated to the east and south of [-75. Collier County Lovv/Moderate I ncome Areas ...._-~-_.- r ~-:(' (;...>;:.;::...'.f..I'...r'lli.....,.I....n L.~IoIu'" Ualrra. halma AnlIlI a 7 aMi. iJ \ l._.__ .', I i I I i I I I !,I 1 0,;, FY2007 Action Plan 5 Collier County, Florida 88 '~, As Map Two displays, the County's African-American population is concentrated in long standing communities in the City of Naples and Immokalee, In 2000, the African-American community was 4,5% of the total county population. Collier County African - American Concentrations r~'r 1'lt,,,,,",.Q,I''p~u.l,allQnB.lDck ____._~______J r:";>)--1,,\ ~.. -J sJ1f!~!.. ;a...-..t'u.........>..u..., 1""_'I'llo " 1I"..n - ^ . 1210% ~ I 'l! .. .. lIM. r- , , , ,I J "'" -". 1;1111 ot l\ftoxlco ~ ... ':-ot '" /"l___ .~,~"j,r, '~~,;,r', .-" }, \.-~ FY2007 Action Plan 6 Collier County, Florida ~8B In 2000, Hispanics, who can be of any race, made up 19.6% of the County's population. The Hispanic influx into Collier County has followed the larger statewide influx of Hispanics that occurred during the 1990s throughout Florida. Hispanics now comprise 17% of the state's population, As Map Three displays, Hispanics are clustered to the east and south of U.S. Route 41. Collier County Hispanic Concentrations ~~JL ~;.l~:..[\'.L,......'.I: .......,...., ""C4JfIf.o1P6IJUAaoIMnBaDck 0""_'0" .. .'O'llo_ZIl'llo _A~ _':a'llo "Y 1:1 :lI!" ;11"_ FY2007 Action Plan 7 Collier County, Florida 2. Basis For Allocating Investments: Housing Based upon the Five-Year Consolidated Plan (2006-2010) housing will continue to be the primary focus of the County's CDBG and HOME programs. Low-income families (earning below 80% of the median income) continue to have the most trouble in the Collier County housing market. They will continue to receive priority from the County's affordable housing rental and ownership programs. All housing programs operate countywide. Homeless The County's priorities were developed in conjunction with the Collier County Hunger & Homeless Coalition. The Coalition's HUD-required 'Continuum of Care' priorities are homeless prevention, families with children, chronic homeless and the development of additional shelter beds and transitional and permanent housing. The homeless programs operate countywide. The Collier County Health Department, through the State of Florida, provides HOPWA services for AIDS/HIV residents of Collier County. The County supports this program. Non-Homeless Special Needs The County will continue to support the provision of supportive housing for persons with special needs on a countywide basis. Community Development The County will continue to support the revitalization of its low-income neighborhoods. Efforts will continue to have Immokalee and other low income areas designated as Neighborhood Revitalization Strategy Areas (NRSA) where appropriate and supported by the community, 3. Obstacles To Meeting Underserved Needs: The major obstacle to meeting the County's underserved needs will continue to be the reduction of federal/state support, which has decreased over time as all areas of government continue to reduce funding for low income housing and community development initiatives. In response to this obstacle, the County has enacted a number of local programs designed to increase the supply of affordable housing including density bonus, impact fee deferrals and expedited permitting. The County is also exploring efforts to raise funds locally, through linkage fees and other initiatives, to support the production of affordable housing. 4. Identify Federal, State, And Local Resources: Federal resources will include CDBG and HOME. State funds available in 2007-2008 will include the State Housing Initiatives Partnership (SHIP) funds and Disaster Recovery Initiative resources. Locally Collier County provides $750,000 annually for the deferral of water and sewer impact fees for income qualified homebuyers. All nonprofit and for profit partners are encouraged to provide private resources to leverage federal and state dollars. In 2007-2008, agencies receiving CDBG, HOME and ESG funds have committed over $7,700,000 in match or leverage. FY2007 Action Plan 8 ,-", il .J ~ t-. 1 F 88 '1 Collier County, Florida Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 2 Action Plan Managing the Process response: 1. Lead Agency: The County's Housing and Human Services Department is the lead agency. The County is submitting its One-Year Action Plan as approved by the Board of County Commissioners on April 24, 2007. 2. Citizen Participation Process: The County has adopted a Citizen Participation Plan that meets all of the HUD requirements. The Citizen Participation Plan is included in the Appendix of the Five Year Plan. The participation process includes extensive ongoing consultations with participating social service/housing agencies and citizens. Beginning in the fall of 2005, a series of meetings were held throughout the County to report on the County's ongoing programs and to solicit housing and community development needs from public and private agencies and its citizens. In addition, the County sent detailed questionnaires on community development and housing needs to over 130 individuals and nonprofit organizations that operate in Collier County. Responses to the questionnaires were used in the creation of the draft 5-Year Plan and 2006-2007 One-Year Action Plan. In developing the second year action plan, additional information was solicited at a number of community meetings. Competitive grant applications were received from 16 local organizations requesting over 9 million dollars in federal funding assistance. A thirty-day public comment period was held between March 8 to April 7, 2007 to take public comment on the draft Action Plan. Public hearings were held and formal adoption of the plan occurred on April 24, 2007, During the 30-day public comment period, the County did receive one written comment. The comment and the County response are included in the Appendix. 3. Consultations: Consultation is an ongoing process for departmental staff; they monitor housing and community development issues and needs through the following means: 1) Regular meetings with local housing and CD providers. 2) Participation by County staff on boards, committees, and agencies, including the monthly Affordable Housing Commission, FY2007 Action Plan 9 I 8B , Jt..~ Collier County, Florida 3) Discussions at committees supported by the County including Community Redevelopment Agency (CRA) meetings in Immokalee, East Naples and the City of Naples. 4) Technical assistance to agencies and other entities, 5) Working with local lenders on Community Reinvestment Act commitments and requirements. 6) Participation in public forums, including Chamber of Commerce, Economic Development Council (EDe) and others. 7) Holding public hearings. 8) Preparation of documents, flyers and brochures regarding specific programs. 9) Special studies. 10) Membership in local and state organizations. The following public and private agencies and entities were consulted throughout the year concerning ongoing topics of mutual interest, or were consulted in preparation of the Consolidated Plan or through forums for discussion. In some cases, specific reports and plans of the agencies were used. Public Agencies: Cities (2) participating in the County's CDBG Program. Health Department: Lead based paint poisoning cases; efforts to remove and reduce LBP hazards and promote screening and communitywide poisoning prevention education, County and City Planning/Community Development Departments: Coordination with the Comprehensive Plan - Housing Element; barriers to affordable housing, development issues, and population projections. Sheriff's Office: Crime prevention programs; homeless; runaway youth; coordination of resources and programs, County Department of Human Services Public service/social service needs Economic Development Council of Collier County: Antipoverty strategy, Code enforcement. Collier County Housing Authority. Southwest Florida Regional Planning Council: Coordination on regional intergovernmental issues regarding housing and community development. Area Agency on Aging: Priority needs of the elderly WAGES Coalition: Antipoverty strategies, Workforce Development Board: Antipoverty strategies. State of Florida Quasi-PubliC Agencies: Collier County Hunger and Homeless Coalition: Coalition is comprised of more than 30 local nonprofit service providers who address homeless needs, including persons with HIV, domestic violence, health care, veteran's, emergency shelters and organizations assisting those at risk of homelessness. FY2007 Action Plan 10 ~ C;; B "11"', !;,i " ," Collier County, Florida Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities, 4. Provide a written explanation of comments not accepted and the reasons why these com ments were not accepted. Program Year 2 Action Plan Citizen Participation response: 1. Citizen Participation Process: The County has adopted a citizen participation plan that meets all HUD regulations. The citizen participation process included holding public hearings early in the Consolidated Plan development process to review the existing programs and to solicit community needs. In preparation for developing the Five-Year Plan, surveys were provided to 130 individuals and agencies to gather input and identify issues. In addition, staff held multiple meetings and workshops, released a Request for Proposal (RFP), provided technical assistance, advertised the availability of funds in the Naples Daily News, lmmokalee Bulletin and on the County website, accepted grant applications and provided a thirty-day public comment period and public hearings on the Draft Five-Year Consolidated Plan and respective One-Year Action Plan. A similar process is followed each year in preparation of the annual Action Plan. 2. Summary Of Comments Received: The public hearing comments received in the plan preparation phase centered around the need for more affordable/workforce housing and supportive housing for special needs. The County did receive one written comment during the 30-day public comment period. The written comment centered on the need for more grant opportunities for smaller, grassroots organizations. The written comment and County response are included in the Appendix. 3. Efforts Made To Broaden The Process: The County, through its ongoing public participation/consultation process, continually seeks to broaden this process by involving new nonprofit organizations in its various programs and by continuing its efforts to provide information to residents. At all public meetings and workshops, staff is available to provide translation as needed, Print advertisement is also provided in English and Spanish. The County expanded its public notice efforts by posting information on its website, providing regular email notices and advertisements in the Naples Daily News and lmmokalee Bulletin. The annual Action Plan is available on the County's website, at local libraries and county government offices. 4. Comments Not Considered: There were no public comments received that were not considered. FY2007 Action Plan 11 Collier County, Florida ~ 8 B ""'1 Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 2 Action Plan Institutional Structure response: 1. Institutional Structure: The County's Housing and Human Services office coordinates with a wide range of organizations from for profit housing developers to nonprofit service providers, During the coming year the County will continue to work with its existing institutional structure of housing and service providers to make small, continuous improvements to the process, As Collier grows and new entities express interest in the housing and community development needs of the very-low to moderate income residents, these individuals and organizations will be encouraged to participate on a variety of levels. This may include encouraging new Community Housing Development Organizations (CHDOs) to providing increased technical assistance (TA) to grassroots, non profits participating in the planning process for the first time. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 2 Action Plan Monitoring response: 1. Monitoring: All subrecipients receive federal and local regulations relating to their specific activity, along with an explanation as to how they apply to the particular project. Specific performance agreements will be executed with each subrecipient, giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis through a combination of desk and phone monitoring, site visits and monthly reporting. All preconstruction conferences are attended by Housing and Human Services staff. Documentation submitted with reimbursement requests is reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of subrecipients is scheduled and completed annually by the Project Management staff. A checklist is completed and reviewed to insure all aspects of the activity are carried out in accordance with applicable regulations. A follow-up letter is sent to the subrecipient stating the outcome of the monitoring visit. In addition to the above, any subrecipient determined to be in need of and/or requesting additional training on how to meet grantee and federal requirements receives technical assistance in the form deemed most appropriate to the circumstances. Additional technical assistance, if needed or requested, is provided by County staff or other resources. FY2007 Action Plan 12 Collier County, Florida 8a HOME: Monitoring is carried out in accordance with federal regulations to insure compliance with all HOME requirements. Each subrecipient is monitored on-site to verify that: o The minimum household income percent requirement for HOME assisted units is being met under the contract, o Eligible tenant occupancy meets the minimum income percentage requirement for HOME assisted units under the guidelines. o Contractual requirements regarding concentration of HOME units, treatment of HOME tenants, and other contractual matters are being adhered to, o The waiting list procedures are in compliance with the grant covenants. o The federal equal housing law provisions of the contract are being adhered to. o The Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) provisions of the contract are being adhered to. o The HOME assisted units meet housing quality standards (HQS), and rental files are reviewed to include: current lease, acceptable identification, monthly rent compliance, tenant income, and annual recertification. Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 2 Action Plan Lead-based Paint response: Lead Based Paint Actions: During the coming year the Collier County Health Department will continue to screen and test school children for lead poisoning. The County Housing staff will inspect/test all housing built before 1978 for lead-based paint in purchase assistance & rehabilitation programs. Lead-Based Paint Hazard Reduction The County follows procedures as specified in applicable regulations and, specifically, those detailed in Title X, The Department and its representatives provide all required notifications to owners and occupants and inspect for defective paint surfaces of pre- 1978 properties. Any defective paint conditions found are included in the scope of work and treatment provided to the defective areas. No children under 7 years of age have been found to have identified Environmental Intervention Blood Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary. All Department policies and procedures have been revised to conform to Title X. County staff members are HUD certified as Risk Assessors. The County retains EPA certified inspectors to conduct the testing and clearance of suspect properties. In every program where federal funds are expended on a housing unit, the County incorporates the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35. FY2007 Action Plan 13 , ;~."1 Collier County, Florida Specific Housing Objectives 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: 1. Housing Objectives for FY2007/08: o Provide direct purchase assistance to 100 very low to moderate-income homebuyers. Federal Funds: ADDL State/Other Funds: SHIP and private, o Preserve the existing housing stock by funding the rehabilitation of 20 existing units for low-income owner households, Federal Funds: HOME. State/Other Funds: SHIP/DRL o Provide tenant-based rental assistance to 30 households including formerly homeless, special needs and individuals that participate in a 'Welfare-to- Wages" program, attend job/skills training programs or other self sufficiency programs. Federal Funds: HOME. o Provide infrastructure assistance for the construction of 219 units of owner occupied housing. Federal Funds: CDBG/HOME. State/Other Funds: SHIP and private o Rehabilitate 74 rental units for affordable rental housing. Federal Funds: CDBG. State/Other Funds: SHIP and private o Provide credit counseling and homeownership training assistance to 200 prospective low-income homebuyers. Federal Funds: HOME/CDBG. State/Other Funds: SHIP. o Provide housing construction assistance for the completion of 51 new rental units for qualified households. Federal Funds: HOME, State/Other Funds: LIHTC, USDA, FHLB and others 2. Federal, State, And Local Public And Private Sector Resources: Federal resources will include CDBG and HOME. State funds available in 2007-2008 will include the State Housing Initiatives Partnership (SHIP) funds and Disaster Recovery Initiative resources. Locally Collier County provides $750,000 annually for the deferral of water and sewer impact fees for income qualified homebuyers. All FY2007 Action Plan 14 Collier County, Florida '8B nonprofit and for profit partners are encouraged to provide private resources to leverage federal and state dollars. In 2007-2008, agencies receiving CDBG, HOME and ESG funds have committed over $7,700,000 as match or leverage. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 2 Action Plan Public Housing Strategy response: 1. Needs Of Public Housing: The Collier County Housing Authority (CCHA) does not have any units funded by HUD. The Authority's units were built through USDA Rural Development programs. The Authority has in place a resident management and maintenance program. CCHA implements the County's HOME funded Tenant Based Rental Assistance (TBRA) program. In addition, the County works with the Housing Authority on Family Self Sufficiency and to encourage residents to become homeowners through various housing programs. The County's ADDI funds are available to help qualified residents obtain home ownership, 2. Housing Authority Performance: The County's Public Housing Authority is not listed as "troubled" by HUD. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 2 Action Plan Barriers to Affordable Housing response: Barriers to Affordable Housing: The County has completed its state-mandated Regulatory Reduction Review. The County's Affordable Housing Commission is available to review proposed regulations for their impact on affordable housing, and provide guidance on a range of incentives for the provision of affordable housing. The Affordable Housing Commission (AHC) also provides oversight of the state-mandated Growth Management Plan's Housing Element. The monthly AHC meetings include discussions on the barriers/solutions including the high cost of land, community land trusts, inventory of excess County- owned property, expedited permit processing and other issues that affect the ability to produce affordable workforce housing in Collier County. FY2007 Action Plan 15 Collier County, Florida "88 The County will continue to evaluate linkage fees and inclusionary zoning concepts in 2007-2008, In addition, incentive packages will also be reviewed, HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in 992,205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in 9 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 9 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e) (2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADD! funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADD! funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 2 Action Plan HOME/ADD! response: 1. Other Forms Of Investment: Collier County is a recipient of State affordable housing funds through the SHIP program. In FY2007 the County will receive approximately $2,900,000, These FY2007 Action Plan 16 , 88 " '1 Collier County, Florida funds are used in concert with the HOME program as the required local match. The non-profit recipient of the County's ESG funds provides the local match as a condition of receiving the grant. 2. Resale/Recapture Provisions: The County has in place resale and recapture provisions that meet the requirements of Section 92.254 of the HOME rule. These provisions are included in all contractual agreements with owners, developers and/or sponsors. 3. Multi-Family Housing: The County will not use HOME funds to refinance existing debt of multi-family housi ng. 4. American Dream Down-Payment Initiative: a} Target With the ADDI funding decreasing to less than $14,000 in 2007-2008, this down payment assistance can only be provided to two (2) households. The County will undertake specific outreach of its ADDI down-payment assistance program to: 1. Persons assisted by the Collier County Housing Authority, 2, Residents of mobile homes, and 3, Residents of rental apartments converting to condominiums. b} Outreach Outreach to publicly assisted tenants will be provided by working with the local PHA to provide homeownership workshops. The housing authorities' staff will be asked to identify viable homeownership candidates (income level, rent payment record, etc.) for special workshops. County staff will also review and discuss the CCHA's initiatives under the Housing Choice Voucher Program to identify opportunities for program and benefit coordination including Habitat for Humanity and other alternatives. The Housing Authority currently refers potential homeowners to the local Habitat for Humanity. Outreach to residents of mobile home parks will be explored. The County will attempt to identify mobile home communities in the County in which the home sites are rented. These residents will be provided information about the first-time homebuyer program. If there is sufficient response, meetings and counseling will be delivered for these clients. In addition, with the rapid number of rental units converting to condos, the County will provide information on first time homebuyer programs to individuals who may qualify for purchase assistance. c} Provisions to Ensure Suitability for Homeownership It is a challenge to attempt to ensure the success of homeownership programs. In order to help ensure the sustainability of families to undertake and maintain homeownership, counseling is provided to all households that are approved for County purchase assistance. The County will continue to improve and upgrade its housing counseling programs in conjunction with local CHDOs and nonprofits as well as housing developers. For homeownership retention, the County coordinates with local resources including legal aid, Extension Service and nonprofit organizations to assist low-income owners remain in their homes. FY2007 Action Plan 17 I 88 Collier County, Florida The County plans to strengthen its homeownership education programs in the coming years. PROGRAM REQUIREMENTS AFFORDABLE HOUSING PROGRAMS CDBG, HOME and State SHIP resources provide Collier County with the means to assist low income residents with the purchase of housing and the rehabilitation of substandard housing for homeowners with incomes of 80% or less than the county median income. The Housing and Human Services Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first-come, first-served basis, with preference given to residents of targeted neighborhoods, the elderly and disabled residents and those with emergency/life-threatening situations. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations, CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing. This use of CDBG funds meets the number one priority of the County's 5-Year Consolidated Plan to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. CDBG funds will be used to purchase land in targeted neighborhoods. The County will work with nonprofit affordable housing developers, CHDOs, and CBDOs to rehabilitate and/or construct new affordable housing. Housing Rehabilitation Assistance CDBG, HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 30 low-income homeowners with the rehabilitation of their home. The average amount of rehabilitation assistance is $15,000 per residence. Assistance of this program is secured by a ten-year, amortized, forgivable deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Homes receiving rehab assistance through the HOME program will be subject to the recapture provisions, Down Payment Assistance ADD! and SHIP funds will be used for affordable housing by assisting approximately 20 low and moderate-income first-time homebuyer families with downpayment/c1osing cost assistance, The maximum ADDI assistance is a grant of $10,000. The SHIP program provides down payment of up to fifteen percent (15%) of the purchase price of the home. The maximum sales price of a new home cannot exceed $300,000 (SHIP cap), FY2007 Action Plan 18 Collier County, Florida I 8f-? A mortgage and promissory note secure this program. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as the homebuyer's permanent residence during the County's mortgage term, the mortgage becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds will be used to partner with the Collier County Housing Authority (CCHA) and other eligible agencies to provide TBRA to assist renters with costs associated with their housing. This assistance can provide funds to make up the gap between 30% of the qualified household's monthly income and local rental rates. TBRA can also be used to assist tenants with other housing costs including security and utility deposits. As indicated in Section 3 (Overall Priorities) the housing costs throughout Collier County are among the highest in the State of Florida and throughout the southeastern United States. With the escalating Fair Market rents in Collier County, TBRA will help address the cost-burden and increasing needs of very low and low-income renters. Community Housing Development Organization (CHDO) HOME funds will be used to support the affordable housing activities of CHDOs serving Collier County, The County, as a participating jurisdiction (PJ), must invest or set aside at least 15 percent (15%) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or rental units. Additionally, the County may allocate up to five percent (5%) of its total allocation as CHDO operating funds, and may provide these funds to CHDOs to help them pay operating costs and build their capacity to develop successful affordable housing projects and programs, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Community Development Block Grant (CDBG) funds are utilized countywide for a variety of housing and community development activities. Collier County's CDBG activities have generated very little program income. There is no program income anticipated in 2007-2008. At such time as program income is received, it will be reported and expended in compliance with HUD regulations. The County does not have urban renewal funds and has not returned any CDBG funds to its line of credit, In addition, there are no float funded activities or income. There are no activities designed to meet "urgent needs" at the present time. The Citizen Participation Plan will address the need for the Board of County Commissioners to declare an urgent need or disaster in the event that conditions would occur that pose a serious threat to the health, safety and welfare of the community, FY2007 Action Plan 19 Collier County, Florida 88 HOME Collier County intends to provide HOME funds on a community wide basis. However, the County may also elect to target HOME resources to specific geographic areas, concentrations of low-income residents, NRSAs or other appropriate locations. HOME funds that are provided as a direct subsidy to a homebuyer, such as down payment and closing cost assistance, will be recaptured upon sale, refinance or loss of homestead exemption, This policy exists for housing assisted with State SHIP funds and federal HOME resources. The recapture provisions are outlined in contractual agreements with the recipient of SHIP and HOME funds. The HOME recapture provisions comply with 92,254 (5) (ii). When HOME funds are used as a developer subsidy, as in the construction of multiple housing units or acquisition and rehab, the resale provisions will apply in accordance with 92.254 (5) (i), The period of affordability, resale, recertification, match and other HOME requirements are outlined in the contractual agreement with the developer requesting financial assistance from Collier County, The County does not intend to refinance existing debt secured by multifamily housing that may be rehabilitated with HOME funds. Collier County will not use HOME funds to refinance multifamily loans made or insured by any Federal program, including CDBG in accordance with 91.220(g) (2) (F). ADDI (91.220 (g) (2) (iv)) Collier County will use ADDI funds to assist very low to low income and minority households become homeowners. ADDI will be utilized for down payment and closing cost assistance. ADD I funds will be utilized community wide. The County may also determine that ADD! can be used in targeted areas including the rural communities of Copeland/Lee Cypress and Immokalee. A plan for conducting targeted outreach will be developed and include coordination with local churches, the minority community including organizations such as the NAACP and the Southwest Florida Hispanic Chamber of Commerce, the Collier County Housing Authority and residents of older, mobile home parks located throughout Collier County. As with other downpayment programs, the County will coordinate with the Collier County Loan Consortium and the Collier County Housing Development Corporation, Consumer Credit Counseling and other groups to assist potential first-time homebuyers prepare, undertake and maintain homeownership. This may take the form of debt reduction, budgeting and financial counseling, homebuyer education workshops, after purchase education on home maintenance, and other important issues to help ensure homeownership stability. When ADDI funds are used for downpayment and closing cost assistance, a recapture provision upon sale, refinance or loss of homestead exemption will be instituted in conjunction with the HOME and State SHIP guidelines. The recapture provisions are outlined in contractual agreements with recipients of SHIP, HOME and ADD! funds. FY2007 Action Plan 20 18B Collier County, Florida " - ~ < ,- " ~ Ie ~- ,OI'1l.El..I;S~h'.",~",,,,,,,,,,,,,,,,,;,,,,," '"" ','" "'lil\\.'~"""4\iI",_'b ' 'f~"t!.,~ Specific Homeless Prevention Elements 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness- The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4, Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 2 Action Plan Special Needs response: 1. Source Of Funds: The County receives Emergency Shelter Grant (ESG) funds from HUD. The required match for these funds is provided by the subrecipient, The County has three emergency shelters that qualify for ESG funds and the funds have been earmarked for each agency to receive on a rotating basis. In 2007-2008, ESG funds will be provided to the Immokalee Friendship House. As the Lead Agency, the county submits an application for Continuum of Care (Coe) funding on behalf of the CoCo In 2006, three (3) agencies will receive funding as the result of a successful 2005 application cycle. A total of $622,521 will be available as follows: Shelter for Abused Women & Children St. Matthew's House/Wolfe Apts HMIS expansion renewal $226,266 over 3 years $291,610 over 2 years $104,645 for 1 year Unfortunately, the spring 2006 CoC/SHP application requesting $1,068,679 was unsuccessful when HUD released the results in February 2007. Only one agency, Shelter for Abused Women, will receive a small allocation of less than $36,000. FY2007 Action Plan 21 I , 88 Collier County, Florida 2. Homeless Accomplishments: Collier County is a member of the Hunger & Homeless Coalition and is the Lead Agency for the Continuum of Care. The County supports the homeless priorities established in the Continuum. In 2007, Collier County will carry out the following specific activities: o Provide funds for emergency shelter operations for 150 homeless persons. (ESG funds) o Operating and supportive services for 12 permanent supportive housing beds (CoC/SHPR funds) o Construction of transitional housing beds for 9 to 12 homeless persons (CoC/SHP, CDBG and private funds) o Continue HMIS expansion using CoC/SHPR or other funds Barriers to accomplishing these goals include a lack of federal, state and local funds. The County and the Collier County Hunger & Homeless Coalition (CCHHC) continue to apply for State and Federal competitive funds but were unsuccessful in securing funding in the 2006 competitive cycle. 3. Eliminating Chronic Homelessness: The County will continue to work with the Homeless Coalition (CCHHC) to expand the number of emergency, transitional and permanent supportive housing beds. In addition, the CCHHC is pursuing a lO-year plan to end chronic homelessness. Preparation for the development of a 10-year plan is underway. Two potential barriers to addressing chronic homeless on the local level are a lack of political will and a local priority to address the increasing homeless family population. Homeless families are increasing at a more rapid rate than the chronic homeless population. Given the high cost of housing and heavy reliance on service industry jobs it is estimated that the number of homeless families will continue to grow. 4. Homeless Prevention: The County's Department of Housing & Human Services, through its Social Service program, provides financial assistance and coordination with a variety of agencies to families and individuals at risk of becoming homeless. The Housing & Grants office, within Housing and Human Services, encourages local agencies to refer families to the State of Florida Emergency Financial Assistance for Housing Program (EFAHP) which provides up to $400 in emergency housing assistance for families with children who are at risk of homelessness, As Lead Agency, the County also coordinates with nonprofits on an annual application to the State for Challenge grant funds which can be used for homeless prevention services. Additional funding sources are needed to address the increased demand for homeless prevention services. The Emergency Shelter Grant (ESG) is provided to the three local shelter providers on a rotating basis. Seven (7) local non profits currently participate in the Homeless Management Information System (HMIS) known as the Information Network for the Community of Collier County (INCCC), Four (4) additional agencies have expressed interest in joining this effort to coordinate homeless services in the coming year. FY2007 Action Plan 22 Collier County, Florida 88 '~ 5. Discharge Coordination Strategy: The Hunger & Homeless Coalition works with local law enforcement officials, as well as area hospitals, to reintegrate persons leaving public institutions, With the assistance of a grant from the Florida Office on Homelessness, the Hunger & Homeless Coalition will participate in a Discharge Planning process in March 2007. The Coalition has recently developed a partnership with a new, nonprofit Prisoner Re-entry organization based in Immokalee. Efforts are being made to assist this program with potential funding resources, Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 2 Action Plan ESG response: Not applicable to Collier County tOMMUNm Deve(6l'~m11.'\\i'., e.,!'," k ,\!iI' 0Wll~iI?tfl~:t'~, "l; ~~ii\' Community Development 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons, , Program Year 2 Action Plan Community Development response: 1. Community Development Needs: The County has identified physical improvements within its low-income neighborhoods as a priority. 2. Specific Activities: The County will undertake the following Community Development activities this program year using CDBG funds: o Provide infrastructure to support two affordable housing developments for very low and low income residents. o Provide two public faCility improvements that benefit low income neighborhoods. o Provide assistance to the children, homeless, victims of domestic violence and other special needs populations. Federal Funds: CDBG/ESG, State/Other Funds: Private FY2007 Action Plan 23 Collier County, Florida 188 Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families, Program Year 2 Action Plan Antipoverty Strategy response: 1. Antipoverty Strategy: Most activities undertaken by Collier County with its entitlement funds are efforts to improve the quality of life for those living at or near poverty. Collier County has three (3) initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, through its partnership with the Economic Development Council, the County has an ongoing economic development program. This plan is designed to both attract new businesses to the County and to help existing businesses expand. One of the goals of this public/private partnership is to increase the number of high wage paying new jobs. The Second important component of this economic development effort is the County and EDC's partnership with Florida Gulf Coast University's Small Business Development Center (SBDC) which teaches potential business owners how to successfully start a new company. An additional partnership includes the customized job training programs provided by Collier County Public School's Lorenzo Walker Institute of Technology (LWIT) which train low income residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding businesses. Third, the County has two community redevelopment areas (CRA), the Gateway/Bayshore CRA and the Immokalee CRA, where it is actively seeking to redevelop these older communities. A third CRA is located within the City of Naples, Collectively, these efforts represent a realistic countywide antipoverty strategy. 2. Extant Strategy Will Reduce Poverty: Collier County's economy is centered on tourism, construction, services, retail and agriculture. The local economy has historically focused on tourism and services to benefit the affluent residents and visitors. The County's current strategy is designed to increase the number of better paying jobs and prepare the County's workforce to be qualified to fill higher wage paying jobs. Job training/education and a more diverse employment base will help reduce the poverty level. FY2007 Action Plan 24 Collier County, Florida Non-homeless Special Needs (91.220 (c) and (e)) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: 1. Specific Activities: The County does not have any specific federal entitlement funds earmarked to assist the non-homeless special needs population in 2007-2008, However, the County does coordinate on a regular basis with organizations that address the non-homeless special needs population including Sunrise Community (TECH), MS Home, NAMI, PACE Center for Girls, Shelter for Abused Women & Children, Youth Haven and other organizations that assist this population. The County will continue efforts to assist this population by identifying a variety of funding sources, accepting grant applications, providing technical assistance, referrals and support. Local agencies assisting the non-homeless special needs populations will be encouraged to develop long range plans to provide for beds, supportive services and other needs. In addition, the County's existing housing and community and economic development programs are available to all income qualified individuals. 2. How Resources Will Be Utilized: Applications for entitlement funding for this population will be considered on an annual basis. In addition, information on alternative funding sources will be provided to interested organizations, The County will utilize its Department of Housing & Human Services resources and competitive grants to leverage existing community resou rces. Housing Opportunities for People with AIDS 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. FY2007 Action Plan 25 Collier County, Florida 88 " 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan, 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 2 Action Plan HOPWA response: The City of Fort Myers no longer serves as the regional HOPWA. The Collier County Health Department accesses funds through the State of Florida to assist HIV / AIDS clients, Collier County is not a HOPWA entitlement but the County's Housing and Human Services Department supports these activities and shares information with organizations that serve this population. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan, Program Year 2 Specific HOPWA Objectives response: Not applicable as HOPWA administered by the State of Florida. Include any Action Plan information that was not covered by a narrative in any other section. FY2007 Action Plan 26 , 8 B T 48 S T 47 S T 4B S T 49 S T 50 S T 52 S T 53 S I- A!NOOO OlI'f'MOl.8 A!Nno:JJO'f'Q ... 0 ... W ~ -, '" tJ) 0 Z w ~ I ~ 0 " ... ~ a. - ~ w i ~ I- , e ~ . '" CO .. :c CC ~ w ~ u ~ Q a ~ ~ l:l Q 0 i If i ffi ~ ~ w ... N 0 ~ N , '" 5 .. ~ ~ ~ ..J .. ~ '" i : 01 .. ; Q II! I ffi i , ~~ .. C) g 0; '" '" e .. .. w ~ ... N i~ ~ ... ... I ;:; ! ~ ~ ~ .. 0- W W g '" ;!; z ... ... :c '" ~ i li! '" il . w ~ ii! 0- il u . . . . ... .. ~.t ~ '" ~ 6Z-Ij'S 8Z-IOS ... i ~;';il; ., ~ N , ;~~r '" ~! a ~ ~" . 'I~"~:' ti ., ",'" 2! ... wI!!, ~ " :::""~'~ ~,:c~' !idco .M',o' .. , ,,> "Jr-? N z iJ5~ .. ..rlvJj.~~{ '" S li! ,J~I; 5 J A1Nno:JJ31 a ... .. ", '1<)'<.. 0'> J --.. iif"J>" .... ~~~;Jt' N '" '" ~ I/;~(~~;~J ::II !!:. ..., ,/ .;,iy~;v ~ ... c ~ . .. , :J i ~o N III u ~~ '" 0 ~ . "tJ ti ~. U .- ;(-1 ~~ c.. ih ... 0 '" c.. N 'II - j;!ffi~ '" .- u. . u. - \ { ~""1 z~ - ~i 0 \; II' :r iel) -.J :<; . ~ (;1I1f w oJ U ~5~ ;.:l!I . , o~~ GlUe ~i; =>..", ....~ ~ a I 88 1 CPMP Version 2 0 Grantee Name: Collier County Project Name: IKaicasa HouslnQ Infrastructure Description: I IIDIS Project #: IC007-01 IUOG Code: IFL129021 Collier County Installation of Kaicasa Phase I infrastructure Including ciearing, storm sewer, sanitary collection system, potabie water and paving to support 204 owner-occupied housing units. Location: Southeast Immokalee adjacent to Farm Worker Village and SR 29 Select one: Prlorltv Need Cateaory " ". OWner Occupied Housing n. ,.'.~ Expected Completion Date: 12/31/2008) ,.. Objective ,-,,,,:gory @ Decent Housing o Suitable living Environment o Economic Opportunity Explanation: Project includes site clearance and the installation of storm sewer, sanitary collection system, potable water and paving for 204 new Habitat for Humanity owner occupied units. Outcome Categories o Availability/Accesslbiiity o Affordabiilty o Sustainabillty S....clflc Oblectlyes 1.Jn~~~s~ t~e av~!I~~i_I_~ty_~~~_f!~r~~~le _~~~er ~_~~i_n_~__ - -- ...J 2 ~!mEro~: a~:e~_!~ ~!!~r~~~le~~~-=r ~~_~_~~~~ _ _ _ ... 10 Housing Units 3 }mEro~~ ac:ess_.~?a_"-or~_~~le_o~~~r_ ~~USi_~~_f~_minor~~es___ Prooosed 204 Accompl. Type: ... Underway - .- Complete ... Prooosed Underway Complete ... Proposed Underway Complete Performance Measure ... .'- !II .. - C GI GI > E .!!.c I '" ii '0' E .. 0 Go u u cr: ...' Accompl. Type: Accompl. Type: Proposed Underway Complete ... Proposed Underway Complete Accompl. Type: Accompl. Type: ... Pro Dosed Underway Complete Proposed Outcome 204 new affordable units Actual Outcome 03 Public Facilities and Improvements (General) 570,201(c) ... Matrix Codes " '.--', Matrix Codes r ' Matrix Codes ,_. -, . .'. ... I Matrix Codes -, .... Matrix Codes - . - . ...i --.J ....J ... PI COSG .. ftI GI >- E ftI .. 8' .. Go Fund Source: ... Proposed Amt. Actual Amount ... Proposed Amt. Actual Amount Proposed Units Actual Units ... Proposed Units Actual Units $1000000 Fund Source: ...1 Proposed Amt. Actual Amount ... Proposed Amt. Actual Amount Fund Source: 10 Housing Units .. 204 AccompL Type: ... Proposed Units - '.'. Actual Units Accompl. Type: ... Proposed Units . . ---. n - Actual Units Accompl. Type: Project (1) 1 CPMP 88 CPMP Version 2 0 Grantee Name: Collier County Proiect Name: INPH Ridae/Pines Rehabilitaion Description: IIDIS Project #: ICD07-02' IUOG Code: IFL129021 Collier Countv Interior rehabilitation and painting of farm worker rental housing In the Sanders Pines and Timber Ridge communities, Rehabillation will include new kitchens, bathrooms and doors. Rehablliatlon will benefit 74 low Income farm worker households, Location: Sanders Pines Circle, Cambridge and Wilton Court! Immokalee Select one: , Prlorltv Nellcl Cateaory [R~~~I ~~~~0~__-_ - "-- _ ".~--_ _ _ _ _-- ~ Explanation: Exoected Completion Date: 05/ This housing rehabiliation project will extend the life of the 74 rental 06/31/2008) units in Sanders Pines and Timber Ridge and ensure that the units ,.. YOJ8COve Lalegory meet Housing Quality Standards. @ Decent Housing o Suitable living Environment o Economic Opportunity Specific ObJectlyes Outcome Categories 2] Availability/Accessibility o Affordabillty o Sustain ability 1, Imlll'ove ~e'llJality o~affor~able renta~houslng_ _ 2 ~~mp:o_ve acc:5s to aff~~~ab~~ r:_~tal _ho~sing , . _--.J -~ .1 .. 30- ---- ----- '--, - --- --',- ,--- . Proposed Underway Complete . Proposed Underway Complete . Pro Dosed Underway Comolete 10 Housing Units . Proposed 74 _..J ... Underway Complete . Pro Dosed Underway Complete . Pro Dosed Underway Comolete Performance Measure Accompl, Type: .. ... - C CU CU > E .!!.c . .. ~:: CUCl. .... E e 0 Cl. u u c( Accompl. Type: Accompl. Type: Accompl. Type: Accompi. Type: ProDosed Outcome 74 units improved Actual Outcome n _ .1 Matrix Codes _--.1 , ... i ' Matrix Codes - . Matrix Codes --.J", , .1 14B Rehab; Multl'Unlt Residential 570.202 , , Matrix Codes Matrix Codes , .. .. , - , ~ CDBG . Pro Dosed Amt. 608 575,00 .. - - n .. Actual Amount II ProDosed Amt. CU Fund Source: . >- Actual Amount E Proposed Units 74 I! 10 Housing Units ... 01 -- Actual Units 0 Proposed Units .. Accompl. Type: . Cl. --------- Actual Units Fund Source: --" '" . Proposed Amt. Actual Amount . Proposed Amt. Actual Amount . , --.J Fund Source: 1- Accompl. Type: . Proposed Units - - Actual Units Accompl. Type: . Proposed Units - ---- Actual Units Project (2) 1 CPMP taB Grantee Name: Collier County CPMP Version 2,0 Project Name: I EASF Hatcher's Preserve Description: I IIDIS Project #: ICD07-03 IUOG Code: IFL129021 Collier Countv Installation of housing infrastructure for new homeownership to inciude paving, street lighting, and iandscaping, , '-"" . Proposed Amt. 59001.00 - ,~ Actual Amount . Proposed Amt. - Actual Amount Location: Northwest Immokalee near Westclox and Roy Road, Expected Completion Date: 09130/2008) UDJeolve category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories [] Availability/AccesSibility [] Affordability o Sustainablllty VI .... - C Gl Gl > E .!!J: I VI 't:: Gl Q. '0' E .. 0 Q. u u < 10 Housing Units f' H_ AccDmpl. Type: AccDmpl. Type: Pro Dosed Outcome Construction of 15 new housing units 03K Street Improvements 570.201(c) , .. " , ,', Matrix Codes , '" , Matrix Codes , "" ... CDBG .. " Gl > E l! 01 o .. a. Fund Source: Select one: Prlorltv Need Cateaol'V , '-".., "','.. : OWner Occupied Housing ~ '" Explanation: This project will provide infrastructure to support 15 new owner occupied housing units. Specific Objectives 1 r-~~~~~s:_t~~ ~~_a!!~~iJj~ ~~,_aff~?~_~_e_?wne~ h~_u~i_~g 2 ~ !mp~o~_~_.~c~e::~?_~ff'~~_~~~__~~~~ ~_o~_:j~g ___ ___ - , - ~ . 3 Imi'~ov~access___~? affo~~~~~e _?~~~~ h?USi~_~ f?r ~_i_~or~tie: _ ___ ___n_ ___ _ __ . __ · J Proposed 15 Accompl. Type: . Proposed Underwav -- Underway Complete Complete · Proposed Accompl. Type: . Proposed Underway - - - - Underway Complete Complete · Proposed Accompl. Type: . Proposed Underway - Underway Complete Complete Performance Measure Actual Outcome . ,-,,~ _ ... _Ii r Matrix Codes .. I r Matrix Codes ,__ ... Matrix Codes u_ '" ",' " . Proposed Amt. Actual Amount Proposed Amt. Actual Amount Pro.posed Units Actual Units , Pr"JIosed Units Actual Units .' -- " "" ,...1 ""~ Fund Source: 10 Housing Units . Proposed Units ~ Actual Units Accompl. Type: . Proposed Units Actual Units Fund Source: . - 15 Accompl. Type: . ..- Accompl. Type: . 1-- - .. Project (3) 1 CPMP 8e Grantee Name: Collier County CPMP Version 2 0 Proiect Name: IYouth Haven Carino for Families Description: I IIDIS Project #: ICD07-04 IUOG Code: IFL129021 Collier County Crisis Intervention and prevention services for at-risk families with young children countywide, Location: Countywide; Including greater Naples and Immokalee , Select one: Prlorltv Need Cat4lgory '-".. , '" Public Services , ,,_"n~ Expected Completion Date: 10/01/2008) , UDJeaJve <.ategory o Decent Housing o Suitable Uvlng Environment o Economic Opportunity Explanation: This public service activity will provide prevention services for at risk families with young children and crisis intervention services for families and children in need. Outcome Categories o Availability/Accessibility o AtI'ordabillty o Sustainablllty Specific Objectives Improve the services for low/mod income persons 1 _m,,_ _ n____ _ __ ,_.',__ _ _, _ , , , - -- c~ 2r--- -- -----"-.. -..,- -.'. --- -- '..------,. - - - - . ,_ ----.:...J .1 - 3, -- __ - - -, 01 People . Proposed 240 Underway Complete . Pr<>posed Underway ComDlete . Proposed Underway Complete Performance Measure Accompl. Type: ... Proposed Underway Complete . Proposed Underway Complete ... Proposed Underway Complete Actual Outcome III .. _ C GI GI > E .!!,: I III ~i .... E eo Go u u < Accompl. Type: Accompl. Type: Accompl. Type: Accompl. Type: I " Proposed Outcome 05L Child Care Services 570.201(e) ,_' n, ""__..,__.. Matnx Codes . ' · i Matrix Codes "' ' " , .i __--.J "'! Matrix Codes "~"n ",', ___ ___ ~ ~~~_x,~~~~s_.___. Fund Source: , ..., ~ Matrix Codes . -- ,,_ __ u_ .. CDBG . ProDosed Amt. 1$100 000 " - -- Actual Amount .. III Pro Dosed Amt. GI Fund Source: . > - Actual Amount E Prooosed Units 240 III 01 People . .. e - Actual Units Accompl. Type: . Pro DoSed Units Go -- Actual Units Fund Source: --", , . Pro Dosed Amt. Actua' Amount . Pro Dosed Amt. Actual Amount . ProDosed Units Actual Units . ProDosed Units Actual Units ..., Accompl. Type: "', Accompl. Type: Project (4) 1 CPMP 88 CPMP Version 2.0 Grantee Name: Collier County Project Name: IProaram Administration and Fair HousinQ Description: I IIDIS Project #: ICD-07-05 IUOG Code: IFL129021 Collie County Administration and implementation of the CDBG program and provision of fair housing activities Location: Countywide Select one: PriorItY Need CatllClOry :-. ------.. ----.--..-....- ! Planning/Administration - .. , -3 Expected Completion Date: I'mm/dd/vvvvl r- YOJective l:ategory o Decent Housing o Suitable Uving Environment o Economic Opportunity Explanation: Planning, administration and implementation of all COBG activities Including fair housing. Outcome Categories o Availability/AcCessibility o AIfordability o Sustainability Soeclflc Objectives lr -, , - - - --- - - ,.., _ · i -- - .j Accompl. Type: 2, ____ 3. - __ . Proposed - Underway Complete . Proposed - Underway Complete . Proposed --- - Underway Complete -, ,- - - - - - _ u ,_ _ - , - - , - - . -.. - '--- III .. _ C lI/ lI/ > E .!!.c I III ~:: lI/G. '0' E I. 0 Q. U U 0( Accompl. Type: . I Proposed - Underway Complete . ' Proposed Underw"l'.. Complete . Proposed Underway Complete Actual Outcome Accompl. Type: Accompl. Type: Accompl. Type: Accompl. Type: Proposed Outcome Performance Measure 21A General Program Administration 570.206 , , _ 'm , 210 Fair Housing Activities (subject to 20% Admin cap) 570.201 .. i Matrix Codes , ", ",' ",' , Matrix Codes ..J Matrix Codes , " " -. u, "", H '" _ _ , " CDBG . Proposed Amt. 1$441.B94 Fund Source: ... I. Actual Amount I ' Z Fund Source: .. Pro Dosed Amt. Fund Source: >- Actual Amount E AI Accompl. Type: . Proposed Units OIl. c_ o Actual Units e ___ Q. Accompl. Type:, . Pro"osed Units - -- Actual Units ... JI : Matrix Codes , , .1 -~ .1 ~ Accompl. Type: -- "", . Proposed Amt. ---.J Actual Amount . Proposed Amt. Actual Amount . Pr<>posed Units Actual Units . Proposed Units Actual Units . , Accompl. Type: Project (5) 1 CPMP Grantee Name: Collier County CPMP Version 2 0 88 r> 1'1 Prolect Name: IEden Gardens Fire Sprinkler System Description: I IIDIS Project #: IHM07-01 IUOG Code: IFL129021 Collier County Installation of a fire sprinkler system In the 51 unit, farm worker rental phase of Eden Gardens. Location: Westclox Road, Immokalee Expected Completion Date: 06/31/2008) ~oJective ...ategory @ Decent Housing o Suitable Uvlng Environment o Economic Opportunity Outcome Categories [] Availability/Accessibility o Affordabiilty [] 5ustainability UI ... - C GI GI > E .!!,I: I UI 'l:l= G1Q. .... E f 0 a. u u c( 10 Housing Units Accompl. Type: Accompl, Type: Proposed Outcome Construction of 51 new rental units 12 Construction of Housing 570.201(m) , '" "'- Matrix Codes . Matrix Codes . ..-..,..", , HOME HOME Project (6) Select one: Prlorltv Need Category " - , , Rental Housing 1__- __ ..____.'._._____ .,'~ Explanation: Install fire sprinkler system in new, rental housing construction to benefit 51 units. This activity will use both CHDO set-aside of $105,000 and regular HOME funding. Specific Objectives 1 rIncrease the supply_of affordabie rental ~ousing_ 2 rI_I11P!?ve the ~~~~j~. ?_f!~~!?_~?~ ~~n~__~,o~~jn~__ ___ 3 - -- - '- - --.. - -" '-'- . Proposed Underway Complete . Proposed Underwav Complete . Proposed Underway Complete Actual Outcome . Proposed Underway Complete . Prl>posed Underway Complete . Proposed Underway Complete Performance Measure 51 Accompl. Type: Accompl. Type: Accompl. Type: ... II Matrix Codes -~, ... I Matrix Codes ---.J " . , , . I Matrix Codes -:..l . -- '" n . Proposed Amt. Actual Amount . Proposed Amt. Actual Amount . Prooosed Units Actual Units ... Pro Dosed Units Actual Units , , - -. $145 000 Fund Source: $105,000 Fund Source: 51 Accompl. Type: Accompl. Type: 1 "~ '., ----~ , .i ...: .' I ~ CPMP CPMP Version 2 0 Grantee Name: Collier County 8fJ LJ Prolect Name: ITenant Based Rental Assistance (TBRA) Description: I 11015 Prolect #: IHM07-02 IUOG Code: IFL129021 Collier County Provide Tenant Based Rental Assistance through the Collier County Housing Authority to very-low Income and special needs Individuals and families, Location: Countywide Prlorltv N.8c1 Cat_Orv -" Select one: I, RentaiHouslng "-,~ Explanation: This project will provide rental assistance to very low, and special needs individuals and families to prevent homelessness. Expected Completion Date: 12/1/200B , 2'o)eCllve <.ategory @ Decent Housing o Suitable Uvlng Environment o Economic Opportunity Specific ObJectlv.. Improve access to affordable rental housing 1 ' ,_ __, _, ___ '" --,-, , Outcome Categories o Availability/Accessibility o Affordability o Sustalnabllity 2 -__ 3, __ n__ _n _ ---" "- ,- __ _ "" n.. ... Prooosed - Underway Complete ... Proposed Underwav Complete ... Proposed Underway Complete Actual Outcome - -- '-- III ... -c GI GI > E .!!.c , III tl= G1Q. '0' E .. 0 A. u u CC 04 Households ... Proposed Underway Comolete Accompt. Type: 25 ProDosed Outcome Proposed Underway Complete ... Proposed Underway Complete Performance Measure Accompl, Type: Accompt. Type: ... - Accompt. Type: Accompt. Type: 31F Tenant based rental assistance , ' "'- Matrix Codes , - ... ) I Matrix Codes , " ~Matrix Codes ... I Matrix Codes '" , - -- - , - Matrix Codes ,- _n ..., ~ Proposed Amt, Actual Amount ... Proposed Amt. Actual Amount ... Proposed Units Actual Units ... Proposed Units Actual Units Accompt. Type: -,- - .. , ... Proposed Amt. ----.J Actual Amount ... Proposed Amt. Actual Amount ... Proposed Units Actual Units ... Pro Dosed Units Actual Units $300.000 ... HOME .. III GI >- E I! 8' .. A. Fund Source: f Fund Source: Fund Source: 04 Households 25 Accompt. Type: Accompt. Type: Project (7) 1 -- " ""...] .....J -~ ..., , ~ ...1 ---1 CPMP CPMP Version 2.0 Grantee Name: Collier County , 88 Project Name: ISinQle Family HousinQ Rehabilitation Description: I 11DIS Project #: IHM07-03 ' JUOG Code: IFL129021 Collier County Owner occupied, single family rehabilitation assistance Location: Countywide ExDected ComDletion Date: mm/dd/vvyy) . .?'Jective category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Affordability o Sustainabliity III ... - C GI GI > E .!!.c I VI tl:: GI Q. '0' E .. 0 lI. u u c( 10 Housing Units Accompl. Type: Accompl. Type: Pro Dosed Outcome 8 units brought from substandard to standard Select one: Prlorltv Need Cat....orv iOwn~r ;ccuPied Housing n_~ --.J Explanation: HOME rehab assistance will leverage SHIP, CDBG and other funds to assist very low and low income homeowners. Specific Objectives 1 }rnP~()ve_th~quality_ofol"lne':. housing. _ " _, _ 2 3 -- "" I Pro Dosed 8 Underway Complete "" Proposed Underway ComDlete "" Proposed Underway Complete Performance Measure Accompl. Type: "" Pro Dosed ~ Underway ComDlete "" Prooosed -- - Underway ComDlete "" Pro Dosed Underway Complete Actual Outcome Accompl. Type: Accompl. Type: 14A Rehab; Single-Unit Residential 570.202 . " Matrix Codes u __ _ "'n' m " ,_ "" Proposed Amt. Actual Amount "" Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units Matrix Codes , ... HOME .. III U Fund Source: )of E I! 10 Housing Units ... ell o A. Accom,,1. :r~pe: "" Project (8) ~ , Matrix Codes ... I Matrix Codes .J, _ , .. _ __ ~ M_~~ix _~od~~_ _ , 1$68017 -, - - ,,-, " "" Proposed Amt. Actual Amount "" I Proposed Amt. - - Actual Amount Accompl. Type: "" Proposed Units Actual Units Accompl. Type: "" ProDosed Units Actual Units Fund Source: Fund Source: 8 1 ,- -, - ."';j "~ ~ ~ ~ ,.. ,~ CPMP ... ~- "" - - ~ -- ----~ "'1 C P , 0 Grantee Name: Collier County PM VerSIOn 2. Project Name: IHOME Administration Description: I IIDIS Project #: IHM07-04 Administration and implementation of the HOME program fUOG Code: IFL129021 Collier County Location: Countywide Priority N.... Catllllory I' m .. , '" _ ! Planning/Administration Select one: Expected Completion Date: Irmm/ddfyyyy) ,.. ~oJectlve category o Decent Housing o Suitable Uving Environment o Economic Opportunity Explanation: Implementation and administration of the HOME program. Outcome Categories o Availability/Accessibility o Affordabillty o Sustalnabillty Specific Objectives 1.- __ _ - -- - ,- ~ 2- _ _ _ _ 3 --,__,_ _ __ _ __ ___ '" ... - C lU lU > E .!!.c I '" tl::: 41 CI. .... E e 0 a. u u C Accompl. Type: ~ Proposed , Underway Complete ... Proposed ---.J Underwav Complete ... Proposed Underway Complete Actual Outcome ... Proposed Underway Complete ... Proposed .. -- Underway Complete ... Proposed - Underway Complete Performance Measure Accompl. Type: Accompl. Type: Accompl. Type: Accompl. Type: " '''.. Accompl. Type: ProDosed Outcome 21H HOME Admin/Planning Costs of PJ (SUbject to 5% cap Le--' , "_ _ _ '" Matrix Codes ,'-'" --"" - Matrix Codes . --- --'-- ,-, -, -- -, -"-,, ------- ... I Matrix Codes .J. ... I Matrix Codes - , - I Matrix Codes "_',_n '" " , ... i Proposed Amt. Actual Amount ... , Proposed Amt. - __---J Actual Amount ... - - - ,- 1$68 668 Fund Source: ... Proposed Units Actual Units Proposed Units Actual Units '" " - ... r Proposed Amt. ~ Actual Amount ...1 Proposed Amt. Actual Amount Accompl. Type: ... Prooosed Units ,- , - - Actual Units Accompl. Type: ... , Proposed Units -- - - - Actual Units .. HOME .. " CJ Fund Source: > E l'! Accompl. Type: 8' in ~ Accompl. Type: ... Fund Source: Project (9) 1 I 88 -"~ ... --~, .! ...""'J CPMP CPMP VerSion 2.0 88 '1 Grantee Name: Collier County Protect Name: IImmokalee FriendshiD House Description: I 11015 Protect #: IES 07-01 IUOG Code: IFL129021 Collier County Operation and maintenance of ImmokaJee Friendship House and the provision of services to homeless individuals and families. Location: IFH, Immokaiee, Florida EXDected ComDletion Date: 09/30/2008) ... Objecove <..ategory o Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Alfordabllity o Sustainability Ul ... - C GI GI > E .!!.c I Ul i'; .... E e 0 a. u u oC 01 People 1- ,- Accompi. Type: Accompi. Type: Proposed Outcome Matrix Codes - "" Matrix Codes '-, Matrix Codes ,--------'- Select one: Prlorltv Need CategorY , '- ~ Hol1leless/HIV/AIl)5 _ --- _ -- -~ Explanation: Implementation of of the Emergency Shelter Grant through supporting the operation and maintenance of the IFH facility and providing direct services to the homeless. SDecific Oblectiyes 1 }.~prov~_t~:_ ~~rvj~~_.~r ~~.~l~?~_~~~?~:_persons _, ....J ...! ...1 _, -------.J 2 -- --- --- .--- ..-- --------- --... -- --- --- 3~,-,____ __ ___ ,__ ,_ ... Prooosed Underway Complete ... ProDosed Underway ComDlete ... I ProDosed , Underway ComDlete Performance Measure 150 Accompi. Type: ... Proposed Underway Complete ... ProDosed Underway Complete ~ ProDosed Underway Complete Actual Outcome Accompi. Type: Accompi. Type: , ~ ~ Matrix Codes ... i Matrix Codes ~, " , -" .. I Matrix Codes -=.J, ,,_ , ,.., ...' , , ..., ~ ... E5G " ... III :. E III ... e a. , - --- -., - '" ... ProDosed Amt. Actual Amount ... ProDosed Amt. Actual Amount ... Prooosed Units Actual Units ... ProDosed Units Actual Units ... ProDosed Amt. Actual Amount ... ProDosed Amt. Actual Amount ... Proposed Units Actual Units ... Proposed Units Actual Units Fund Source: 01 People Accompi. Type: Project (10) ... $98 012 Fund Source: Fund Source: 150 Accompi. Type: - - - Accompi. Type: 1 CPMP ~ Project Name: INaples Carver/River Park Improvements Pescriptlon: I IIDIS Project #: IC007-06 IUOG Code: IFL129021 Collier County Infrastructure improvements in the Carver/River Park neighborhood in the City of Naples. Location: P N.. c.bIaOry Sth Avenue North and 10th Street, m" Naples Select one: Other .. ,-- Explanation: Expected Completion Date: City will implement recommendations from the Carver/River Park (mm/dd/yyyy) Master Plan which will include neighbhorhood infrastructure - Objective Lategory improvements and assistance with the development of a new Fun o Decent Housing Time Child Development Center. @ Suitable Uving Environment o Economic Opportunity Specific Oblectly.. Outcome Categories 1. Improve quality / increase quantity of neighborhood facilities for low.jncome persons .1 o Availabiiity/Accessibility 2. Improve quality I increase quantity of public improvements for lower income persons .1 o Affordability o Sustainabillty 3 . " 11 Public Facilities . ProDDsed Accompl. Type: ., Pro Dosed Ul -- ... Underway Underway - C CDmDlete Ql Ql ComDlete > E .!!.c Accompl. Type: . Pro Dosed Accompl. Type: . Pro Dosed ' Ul 'tj:: " Underway Underway Ql CI. Complete Complete '0' E .. 0 Accompl, Type: . Proposed Accompl. Type: . Proposed CI. u u Underway Underway oil: Complete Complete Prooosed Outcome Performance Measure Actual Outcome 03 Pubiic Faciiities and Improvements (General) 570,201(c) . Matrix Codes . __ J -' Matrix Codes . Matrix Codes . -" __ Matrix Codes .i Matrix Codes . , _I PI CDBG . Proposed Amt. l1S,849 Fund Source: . Proposed Amt. .. Actual Amount Actual Amount III Proposed Amt. Proposed Amt. Ql Fund Source: . Fund Source: . > - - Actual Amount Actual Amount E Proposed Units Proposed Units III Accompl. Type: . Accompl. Type: . .. ell ---- Actual Units ---- Actual Units 0 ProDosed Units Proposed Units .. Accompl. Type: . Accompl. Type: . CI. Actual Units - - -, Actual Units CPMP Version 2 0 Grantee Name: Collier County 88 Project (11) 1 CPMP CPMP Version 2 0 Grantee Name: Collier County Protect Name: IMarco Sidewalk Imorovements Description: I IIDIS Protect #: ICD07-07 IUOG Code: IFL129021 Collier Installation of a sidewalk along Marco Lake Drive In the Marco Highlands Subdivision. Location: Marco Lake Drive between 1st and 6th Avenues c ' , PrIiUftv N'" , Select one: Infrastructure - Explanation: Installation of a sidewalk along Marco Lake Drive Exoected Completion Date: mm/dd/vvvv\ . QDjectlve category o Decent Housing @ Suitable Uvlng Environment o economic Opportunity SDIIClnc ObltlctJves 1 Improve quality / increase quantity of public improvements for lower income persons ... ""u; Outcome Categories o Availability/Accessibility o Affordabillty o SUStainabllity 2 3 III ... _ C 1II 1II > E .!!.c I III 1:;= 1IIa. '0' E .. 0 ~ U U < 11 Public Facilibes "" Proposed 1 Underwav Comalete "" Proaosed Underwav Comolete "" Proposed - Underway ComDlete Performance Measure Accompl. Type: Accompl. Type: Accompl. Type: Accompl. Type: Accompl. Type: Pro Dosed Outcome Construct sidewalk 03L Sidewalks 570.201(c) ""! Matrix Codes , ' "" ;, Matrix Codes - -, ...: Matrix Codes . --, Matrix Codes , Matrix Codes ... CDBG "" ProDosed Amt. ---.-" .. Actual Amount III ProDosed Amt. 1II Fund Source: "" >- ---..-- Actual Amount E Proposed Units III Accompl. Type: "" .. gl -- Actual Units 0 Proposed Units .. Accompl. Type: "" ~ Actual Units $75,336 Fund Source: Fund Source: Accompl. Type: Accompl, Type: Project (12) 1 ... Proposed Underway Comnlete "" ' Proposed Underway Comalete "" ProDosed Underway Comalete Actual Outcome "" Proposed Amt. - Actual Amount "" ProDosed Amt. -- Actual Amount "" Proposed Units Actual Units "" Proposed Units Actual Units I -"--l ",,' "" , "" "" "" CPMP ","" "l B I <l ,:-. t>t...) CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impedime~ts identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section l04(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the COBG or HOME programs. Drug by: 1. Free Workplace -- It will or will continue to provide a drug-free workplace Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will _ (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; I 88 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; I. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs I, 2, 3, 4, 5 and 6. Anti-Lobbying To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti- lobbying 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. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) clnd the jurisdiction possesses the legal authority to carry out the programs for which I t is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 Act of 1 comply with section 3 of the Housing and Urban Development regulations at 24 eFR Part 135. ~l:-l.f{~O~TTEST: ""~,, DWIGHT L BROCK ,i CLE~ ~~\:l~~~(~ \ Deputy C 1 er1<, .,- Attest "ItS I t9,ChfjfWa . S 1 gnatln 011 f; Specific CDSG Certifications 88 The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short- term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with COBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or weifare of the community, and other financial resources are not available}; 2. Overall Benefit. The aggregate use of COBG funds including section 108 guaranteed loans during program year(s), (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from o~her revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with COBG funds, including Section 108, unless COBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than COBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. f 88 Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the ,air Housing Act (42 use 3601-3619), and implementing regulations. Lead-Based Paint the requirements of Its activities concerning lead-based paint 24 CFR Part 35, subparts A, B, J, K and R; will comply with Compliance with Laws -- It will comply with applicable laws. ,,"r:id ~ Sig ture/Authorlzed Offlclal 4f ~Al)l Da e Chairman Title Appro o & eoey ,.;. inl ~: ,,:)-r . D\l:,~.,T L3i<~:,(il.. CL[KK '~ .~g~~~u~, 1.~.':~O{Jty ~_1~!rk.. :- Attest as<tci Ch41~:" slQnature onl;. ,,' Jeffrey istaot County Attorney 88 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR ~ 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in ~ 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other C7):::?4i oco","", :/~:;:: ""M'"",O C"""C, James Coletta Date Signature/Authorized Official Chairman Title Approved lciency ATTEST: DWIGHY'E. BROCK, _CLERK .-,"', ~:" , ~'~'", ~ ~', ',I 'De'poty , 1 \!,~ - . -" -J :..,...... _,\ ~.'. Atttst-a;too..,1"IIIIt , "gnatlll"t 011)- Jeffrey A. istanl County Attorney ESG Certifications 88 The Emergency Shelter Grantee certifies that: Major rehabilitation/conversion - It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for rehabilitation (other than major rehabilitation or conversion), the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services and Operating Costs - Where assistance involves essential services or maintenance, operation, insurance, utilities and furnishings, it will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation - Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services - It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds - It will obtain matching amounts required under 24 CFR 576.51. Confidentiality - It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement - To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Consolidated Plan - It is following a current HUD-approved Consolidated Plan or CHAS. Discharge Policy - It has established a policy for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. HMIS - It will comply '..vi th HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client-level information. ,jd:t( 4Jt ~Cl!{fO( Da e ArrEST: DWIGHT E} BROeK.' ClERk ~.'~f~~~k Attest~&sto C~lna$ft , S 19n.tlri OIII~, .' Chairman fficiency Assistant County Attorney 88 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-,REE WORKPLACE REQUIREMENTS: A. Lobbyinq Certification 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. B. Druq-Free Workplace gertific~tion 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site{s) for the performance of work done in connection with the specific grant: 88 j Place of Performance (Street address, city, county, state, zip code) 3301 Tarniami Trail East Naples, Collier County, FL 34112 and ~Q_~~orth ~orseshoe Drive Naples, Collier Coun!y~~4104 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurernent Suspension and Debarment common rule and Drug-Free Workplace cornmon rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any jUdicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). I 88 RESOLUTION NO. 2007 '_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, APPROVING A FISCAL YEAR 2007.2008 ONE.YEAR ACTION PLAN FOR $3,199,253 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSffiPS (HOME), AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADOI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD, AUTHORIZING TRANSMITTAL TO THE U:"IITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) requires a Five-Year Consolidated Plan and OneM Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADD!) and Emergency Shelter Grant (ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY2006-2010 was adopted by the Board of County Commissioners on April 25, 2006, following the Collier County Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the FY2007-2008 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, tbat: I. The Board of County Commissioners of Collier County approves the FY2007- 2008 One-Year Action Plan for the CDBG. HOME, ADD! and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing and Human Services Department to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG. HOME, ADD! and ESG programs. Page I of2 88 2. The Chainnan of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts estimated for each activity to be funded by the CDBG. HOME, ADD! and ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference. Accordingly, the individual Activity's Subrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Chainnan of the Board of County Commissioners is authorized to execute the CDBG, HOME. and ESG Subrecipient Agreements to implement each such Activity, so long as: I) each such Subrecipient Agreement confonns to the fonnat of the attached blank fonns in the Appendix. adopted and incorporated by reference, and 2) the dollar amount of each Activity and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One- Year Action Plan, referenced above. Should it be necessary to amend any of these Subrecipient Agreements, such amendment will be brought to the Board for review and approval. 4, SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this day of April 2007, after motion, second and majority vote favoring same. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA. Chainnan Ap and -'- J effre Mana County Attorney Page 2 of2 't3 'I. COlliER COUNTY HOUSING AND GRANTS SECTION FEDERAL GRANTS: APPLICATION, EVALUATION, & AWARD PROCESS 2007-2008 PROGRAM YEAR Date Action teDS October 16.31,2006 Staff Updates Application; Application Available Online and via Email1111/2006 October ~ December 8, 2006 Technical Assistance Workshops and One-an-One Counseling Available November 13. 2008 2800 N. Horse.hoe Dr Grant Application Workshop 2:00 p.m. November 14,2008 Horizon Village/Rose Ave Grant Application Workshop 2:00 p.m, December 13, 2006 Grant Applications Due December 13, 2006 . Janua/)' 12, 2007 Staff Review, Evaluation, and Preliminary Scoring of Grant Applications Janua/)' 15-31, 2007 Preliminary Scoring Notification and Cure Period Februa/)' 2007 Announce Final Scoring and Ranking of Grant Applications Merch 8, 2007 Draft One-Year Action Plan and Proposed Projects Presented to Affordable Housing Commission March & April 2007 3().day Public Comment on Draft One-Year Action Plan April 24, 2007 One-Year Action Plan Public Hearing at BCC meeting Early May 2007 Submit Adopted One-Year Action Plan to HUD July 1.2007 One.Year Action Plan approved by HUD; Fiscal Year Begins Auguat-September 2007 Contracts Completed/Funding Available June 30, 2008 2007-2008 Program Year Ends s .' ~~ ~:*' ~q fit: 0 ~ MHi f.~ , ~ ~ d " <.j~ ~, . i i i h -<:- h, \3 v~ 1o\J \J ....... l1; SJ:'" 1 'f-.I.9 ~ ~ . - ._~ ',1-.:.; ~ ~~$ ~~ ~ ~ "1i ~ ''"'- '" e. t h ~ ~, ~ ~~ 5 ~ _ ~ ~ - d I:J ,"'" """-' II' Q>': ' ~ '- ~ .$ 0 ~ .~ t ~ <fJ .... t ~ c:l " . ~ \~ _c ..... ..J \b E {)a - 1)'-, v .1> '> - ~ W \ ~ -'J', ~'" C!l fpV '" \~ . ~ ~ ~ -1 ~ i~) ~ <:. 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E x.~~ o +- 0 ~~z c L ~~ ~ L " :: ~ tu w :r V) z I-l Z ~ ~ - '0 E w ~. ~j~ ~ .~~ ~ ~jJ,~ ~t ~'@ ~~ ~ ~ ~ ~v ~ ~ ~~ ";.J <i'j~ ( ~ l'j ""; ... r ~ 88 c o += c:l N 'c l ~ <! ~ lL ~ - "" ...... rI ...... " r.\ M C M 0 I .s: s:- 00 ~ VJ \.1). ~ ~ ~ (}-. VI VI " L "'C "'C '< ..l-*,~ CI) ~'-O:$ v1--~ o \f\ ~ C\ u.. v.--= ~-j : ~ Q) ~ ~ " :::, E )~ ~ :,( il ,'I..IjLJl \!.'L'n, ---...,-.-- UtlLK,'!ILU{li !'!lU.l,lC NQ"(KE PU!l..U,(,~.I'I().TJ.Cf:: (i).~ - ~~-- "'.~ I _ ~' COLLIER COUNTY, FLORIDA fWD One- Year Action Plan Citizen Participation CSl8 eQUAL, f'OU'SING 'JjJ"'(;~nu~lrv ',dh,,'r Coullly is d;.;o',.,.li)p;ng:;.l Dr:;;,; ,:<if \.I.:(;Jj P,.en \, bJch llutlill.::; e.\.pt:nditures of f~de:[al tluu.ts (Of a~tjvjtics thai \-,iJi be (:onuuL:led to the 2n07w ,;!008 program year blued DI1 the 5- y.:i\f C\111;;'J!!dNed 1)lan (Con PLiO). fhe Board of ('ounty CnnmisslOllers :2u\lpKd J nr..:.....' )_ Y~ar Consolidakd Pian IflApt'iJ 2000 tq ~'Idde housiJ1:~ nrh1101 (;)inl~lunJty d('"\,elupltll'ill i.\cli\itll;;~, lilt: goals urihe COl1si.diJJt.:d Phn .1fe to rro\-id<.' dec;;nt 11OLj>;ing, a suitable li\ing ;;n\irt)!1111~~nt. .mti ~'x['Dnd .:'co'lomic 'Jpportunities t{lf very ]0\\-, low 3nd moJemt(:~im.'ornc PC;'S<';;<;, r :'i..:r~ '" ill i;~ :111 ::lito.,':, :on (,( :ii'.'pr,,_\.llii,ll..:i: ",,-;., 1:)(10 ill CJmnwnity D<:vdupnl.::nt Block Grant (CDBlJ) fund". ::I]~ibk [[('11\ ities inclmk nUl 'ne ;i\)t iimi!t'd (,l: J~(!disiti(ln ofi~ai propery, (~~,:';lfij{';jOU, i~llCIbilit;JtlOn or instaJlationofpublic facilities, clearalhTi{kl11oJition,:md pr()'.'i_~ion ofpubJit; ',;id;.;e'i !ll;CCU! Cl,,-ncc ~~ ilb' :"~ CFR ~ ::, /U\jJprnxii1laidy 1O()fYfI of the aJlo~Jti()n will bene1it low and moderate.iw.:orllc pt'rson:;;, [~".::\; ,\ i::,.: .,lJ L:~j-,:, ["XI ,i1 :lpprU:"Ill,l,t:<. >;"I)J,'l(jl) dl Hutv"lE fllJld.s to expand the ::;upply Qf dec~llt, affordable housing [or lov. and very low. ~n('om(' (n~ilies fj()\'1F i'unds JJ1U~;t ;! LIse:! for hou:,;ng program:; [rigible rlctlvitil's include housing: comtruct(lj) :;;h:H)llilation, t~nant~b:ls(;:d c::nt-ll j-;sist~mce :md dO\\1i ;1J}ment:1" ;;st1rh't:" A['lpcm.imatcl.\ i (i(J% uf the tnt~tI allncalion \I.'ill bl'nent [O\v :ml _':'\"'\0 :lJ.:i}:n,-' ~-":i 'ons. ;':1-:,(' , I i,,; _ill ,diul.:;\!UJl l:d.ippriJ\ln;;'lCJ) SJL)L10 ill \Jljdi..;.Ull)r~arn Dny..'npa)mcnt [nitiativc (,.-\ODO funds to d~.)i"llo\\'-in~om~ families \~irh dV\llP:IY:ll:.'!lt and "U5t'~ .'-,j)f)l Ild',j, I. ,!::it h.' Ii- \'u 10 ,bSlst those tllat have annual incom~:, uf!css ;h~\ll e-ig.:'lt> :}:n:~'nt (S!y;-;) nf .m';l nu.:di,1I1 Income The prO!;r~lm s .'\pt~l'ific.1J!y tan~er"d t(l nr"r-tim,' homebuJer<; and minority ::rouJ1s. ApPftl'\im:l:;~i.l' 1(>,\"" I,~. 'dli :J~,,;: 'i:\,n",:11 h,:j'~'II: !u ,\ :In ; iI!iJ(j..:rak-i<IC,;' He j-ltT:';\I!'i;::;. i k(~ ill h..: .:.In a!lo'..';,lll)f) o(lppro\irn~lteI' 'S9:1,IWO in Emergency Sh,;).ter (srailt I ESG) funds to assist the :;i11:kll is!:iHi>'_I~h tlL: ')pl:ratioll "f ::]'(',,-, .~1'_ \' "ht;'!t;-r<< :l11d :1.0'" .:;i11n 'If ,::>"cntl~~, ;. 'i: i'-Ii ,.;el' I ;c.~s, "ud tilf hOlIk' ks-:-, pre'-t:ntion ilC~jVltii;:~. Pok~1tiai Jell". )tl~'; Ill. !~I<.I~ :.:m~, ,o::,.'ni.:y Sht.:!l\.T . :habiJitation and C'.110' ,nion. essential '.:r\hC~ Vi h'me1ess f1m!lic~s ::ind ;ndi\ iduaJs,~hdt~r op~n!IO!1:1i ;lhh:lild h,-:1" :'Ii:;,:: "-,'\...'''i:~"n:di\ It!("~ \ IJpHl\illD!;:_-I.'i I 11(,f!,(, y 'he r')'al i!;O':.1 lL1!l il! :J1'Tl,-ofir iUll1d;'\~; indhidil,d~ ,l:ll~ ~;1miii,"'). iJ:c 'J'mOStr/ ()n~ Ye,~l \..:Ii"11 Pbn 'l); ?I.i!('.' 'O~ l(jl'tudes ihe [(-\!i.]\\ in,! lei]\' :l;:S' ibbitat lor HU'i:anHY KidL.::.;,d f:J'f<l:ilrudue LllIT:nK<l.i"l' \I}il-Prohr J r(1!l'~lr i{;..h:ihiiii:l~ion :SJ .()OO,IJUlJ Emrow\:rment .'-\lIiunc:c f-brclll':"::; Pr:scr\'c fnfrastructure YOlllh I-L~\'!1 C,Hin~ f(Jf 1 '\Inil' f:d('I) (J,lid,..,,~ rin:- "'pnr.k "21 <.; tcn' 'ilirO ~1.":lsidi.:Hn\H: i'~I:J-, Ho:,:,il:.g\llihl,'cir) f:!lelnt na:-;, J l~~;lul i\;:;';;',tance (lllRA.) Sin;;le F:l!l'il.; j(,.:hah;litmiull Amt'rl\..':m I)r~am Dow~1paymcnt (itv ,')f\iapkc; Init1ernent (it:. nf \!.:l!'CO I.;hnd EntIilem.:fll Emer~ency Shelter (;rnrlt-Immn\,d~e Frit'l\fhhin ! fOllse i-d,,;r:lill ,\d)nl:]I:)tr~l!;()n i:1U Lllf jll~,^.'-,Ing (lUB(I) Pn:'_!l".un Pbo;n;t"~ :m,~ ,-\dlllli',[l'_Hi,-:! HfI\;E) HiS ') :~o.n{)O ') : ,{j '1:11 , )\'(1.; 'I.~' I , ;-,n ~ ;Iil) , ii'!) , i),uuO , , '.Li'~,Ii()O ~".I f :UlAL ..; \ ~ 'I) i1'j!'lic (':lll!lllcnt Period rl~cn,,' ,\, ill he :l public '.,)ien1:. nt i'i.'r:\i,j :: {1111 \Idr,;h I; /;lil,\ligh, \pril ". 2111) '7 1':~':Jl'djtl~ nIt! Unt' '{eil: . \,(kln Pi ;11 \~;ll h,> :J\:lii;lb:~. j;Jr rC\ll"V 111 ~fle CUlIl1I\ 's f'llhlic lihr:1ries, at the Puhlie inflll'matioll 1'1,''ik in r!!(! Lm'\i:il ;nJ, Ihe!l::lt i'l:m (J(\""'::'i'm~'nt \, LUll L',Hnplis, in llll' I [olJsmg & 11umal1 Servl~s Department utlkc loc.ned ,_\1 _;1):;0 \ HOl ,,:,1:(,,' Uri\\'. ;<di~' : :; .11l;j; In ;'~~ t ')~i;il! \\'\.'b'i:ie f !1C' doc;ltr::m ,waibh!e in a i'ormat .:l~'!,:(''i:ijb]L' to pef.'Wl~'" l,iUI ,ij'i,1biJltj.::~ (lrOll !1:<..-[ I' j,,: ", <, 'i :1t.;ll ::)1.-':1]" ;j"m ;!ij/<~I1: '\ ill :1<: C'ofl"-i,kred in !'I''':f':).(i!l~ ,1:e finDI nne \";'_11\..:[1''1] i'l'ill \\:1'IIkn ,-'om01"nt', 'n','" ,j [1\ ') '1:- i he t '{'I:llt\ Wi!! l"::-ipnnd ;1) ;ll! \\ riitt'n "-'-'iJnmt;/lts in writing, wlthlO j j days of r~'cejpt. , :I\; !,-'i Action AJup[j~m 01 the 2007.200S Al:llon Plan is scheduled tor ,\priI24. 2007 at a regular meering oflhe Rocm! qf(>ilrlt:, CUP.1m, ;1\'11..:r<;. if.. )[1 :_ ")'Y~ ,<'ci:d 'ld ,)j' ;'..'1'. i':':":,ijS ,l'idr.-, ,cd 'Ii 'h,' :\nk'ri'~ans \l, ilh L\isahilili(;<; \.:r OJ" SOnICtli);,' 10 ~f:l. , ,',; ,i~n" .c'Iii(il_ :U \_:,i-:))iO"L.::no, :lIletl,;t 1'-\'0! 1,\ day'; :'1rinr t\l <-11,; fl, :;IC Il"::Hiil~1; ,.Ll\~, 11)( ,ddi!!, il;d -l:;:I-f;:.lt:Uj~ dr' ;..j.L<;;9idC}l";-':(')Jli~r';!'0\ " 'r, (IU " ".J 188 COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION April 6, 2007 Collier County Housing and Human Services 3050 N Horseshoe Drive, Suite 110 Naples, FL 34104 RE: One-year action plan To Whom It May Concern: We certainly recognize the excellent work performed by the local non-profits that are larger, well-established organizations. Larger, more mature organizations have the capacity and experience to write grants that meet the scoring criteria established by the County. Because of their past track record, it is much easier for them to receive other funding. However, the County has established Community Housing Development Organizations to address the critical need for affordable housing in Collier County. These newer, smaller organizations do not have the grant writing capacity or finances to hire a grant writer, and must rely on their internal staff, which is limited to one or two paid staff, and some volunteer board members, during the early years of their existence. HOME and CDBG funds should be used to a greater extent to encourage and assist in the development of smaller start up organizations. This will enable these organizations to increase their capacity. It is more difficult for the newer CHDO's to secure funding from other sources. Therefore, it is our recommendation that County dollars be spread further than just a few large projects, to the extent reasonably possible under the limitations and priorities placed upon the funds by their originating sources. Thank you for giving us the opportunity to comment. . Very truly yours, d~",~ -f..o<J- .> {C;;::"";:atterson Executive Director 3050 NORTH HORSESHOE DRIVE, SUITE 115 . NAPLES, FLORIDA 34104 . PHONE: (239) 434-2397 . FAX: (239) 430-2387 I<:PATTERSON@COLUERCHDC.ORG COLLIER COUNTY HOUSING AND GRANTS SECTION '8e 2800 N. Horseshoe Drive . Naples. Florida 34104. (239) 403-2330 . Fax (239) 403-2331 April 11, 2007 Ms. Kathy Patterson, Executive Director Collier County Housing Development Corporation 3050 N. Horseshoe Drive Suite liS Naples, FL 34104 Dear Ms. Patterson, I am in receipt of your April 6, 2007 letter regarding Collier County's One-Year Action Plan for FY 2007-2008. You are correct that many of the older, well established, nonprofits in Collier County have the staff capability and experience to write outstanding grant applications. However, the Housing and Grants section of Collier County Housing and Human Services Department does provide technical assistance throughout the year to small, start up organizations as well as to mature organizations needing specific assistance. Our technical assistance (TA) is available to organi7.ations who have received State or Federal funding through our office as well as those organizations that have applied for funding but have not successfully secured funding through our competitive grant process. As you know, CDBG and HOME funds are to be utilized for a wide range of housing and community development activities that benefit low income neighborhoods. These federal funds are also used to assist small, grassroots organizations develop the capacity to provide much needed services within our low-income neighborhoods. HOME funds do provide for Community Housing Development Organization (CHDO) capacity building and operational support. Collier County has provided HOME funding to each of the three (3) county recognized CHDO's at least once during the first four years of HOME entitlement funding. However, the competition for these shrinking dollars will continue to get more intense in the coming years. Collier County is currently reviewing requests from two (2) organizations who are interested in becoming CHDO certified in Collier County. Ifboth of these organizations are certified as CHDO's in the coming months that will mean that five (5) CHDO's may be competing for one small pool of funding. In addition to the competitive scoring process, our staff must also take into consideration HUD's timeliness test and other deadlines when considering the distribution of CDBG and HOME funds. Organizations that have a proven track record for completing projects in accordance with their milestones and timelines assist the County in remaining in c::; o I~ c::; .. .. - 188 compliance with HUD regulations. Agencies that are not able to expend funding in a timely manner or have had multiple delays in bringing projects to fruition, jeopardize the County's standing with the federal government which can impact the availability of future funding. As good stewards of the State and Federal funds entrusted to our office, we submit difficult recommendations to the Board of County Commissioners on which entities should receive the limited funding available to the county. We will continue to encourage a wide variety of nonprofit organizations to apply to the Housing and Grants section for some of the State and Federal grant funds available. In the December 2006 through February 2007 grant cycle, we received 21 requests for funding even as the federal resources (CDBG, HOME & ADDI) continue to decline. Our staff will also continue to provide technical assistance (TA) to all types of organizations requesting our help whether it is for grant writing, grant implementation, contract management or other crucial areas. I would encourage your organization and others to avail themselves of the workshops, training and one-on-one assistance that our staff can provide. As you know, the State's Catalyst program also offers a wide variety of technical assistance to nonprofits and local governments. Our office will continue to ensure that the limited State and Federal resources are targeted to a range of affordable housing activities and distributed throughout low income neighborhoods countywide. Thank you for taking the time to share your concerns regarding the One-Year Action Plan. Sincerely, ~~ Susan Golden, AICP Grants Administration Manager 88 AGREEMENT BETWEEN COLLIER COUNTY AND NAME OF SUBRECIPIENT NAME OF PROJECT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-07-UC-12-0016 THIS AGREEMENT, is entered into this day of , 20_, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "NAME OF SUBRECIPIENT.," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at ADDRESS, Florida 341_, and its Federal Tax Identification number as , hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 25, 2006; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with Resolution 2007- on April 24, 2007, including the use of this standard form Agreement; and NAME OF SUBRI:.CIPlENl NAME OF PROJECT Page I of 23 88 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the COBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) "COUNTY' means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "Housing & Grants" means the Housing & Grants Section of the Housing and Human Services Department of Collier County, (4) "SUBRECIPIENT" means (5) "Housing & Grants Approval" means the written approval of the Housing and Grants Section or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Housing & Grants, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. lII. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-07 -UC-12-00 16. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken NAMb Vf< SUB/U:,ClPIbNT NAME OF PROJECT Page 2 of23 " ! and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the CQUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Grants at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Housing & Grants Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing & Grants. No payments will be made until approved by the Housing & Grants Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Housing & Grants in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing & Grants Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LA WS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and NAMt: Or SUBRt:C1Plt:Nl NAME OF PROJECT Page 3 of23 88 made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 _ which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is NAME OF SUBREClP/l!.Nl NAME OF PROJECT Page 4 of 23 88 included as part of this agreement and must be included in all construction contracts funded by COBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S, Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing & Grants for its review and approval, which NA)dE Or SUBRt;CIPlENT NAME OF PROJECT Page 5 of23 ! 88 will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUB RECIPIENT or reimbursed by the COUNTY without prior written approval of the Housing & Grants Section or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. E. INDEMNIFICA nON The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnifY the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Housing & Grants in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Housing & Grants support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Housing & Grants or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any NAMt. OF SUBRt.C1Pl6Nl ,VAME OF PROJECT Page 6 of23 88 payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. [. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $ I 00,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBREClPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG NAME UF SUBRECIP//:,NT NAME OF PROJECT Page 7 of 23 Be u 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of Countv Commissioners, a Political Subdivision of the State of Florida, its Officers, Emplovees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Department, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain neeessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING I. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or Housing & Grants. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to Housing & Grants if requested. In any event NAME Vr SUBRt-CIPIHNl NAME OF PROJECT Page 8 of23 88 the SUB RECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Grants using Exhibit "C'. 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING & GRANTS, COUNTY. AND HUD REOUIREMENTS Housing & Grants shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Housing & Grants, the COUNTY, or HUD at any time. NAMl:- Of SI.JBRECIPIENl' NAME OF PROJECT Page 9 of23 88 F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing & Grants Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of$I,OOO or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (t) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Housing & Grants, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing & Grants, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (I80) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to Housing & Grants. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline, The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A- 133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to Housing & Grants. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to Housing & Grants, and said plan shall require the prior written approval of the Housing & Grants Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A- NAME Ufo SUBRE.ClPIE.Nl NAME OF PROJECT Page 10 of23 110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the NAMb Or SUBRECIPlENT NAME OF PROJECT Page 11 of23 8a beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Housing & Grants upon Housing & Grants request. D. EY ALUA TION AND MONITORING The SUBRECIPIENT agrees that Housing & Grants will carry out periodic monitoring and evaluation activities as determined necessary by Housing & Grants or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to Housing & Grants, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing & Grants or the COUNTY. The SUBRECIPIENT shall, upon the request of Housing & Grants, submit information and status reports required by Housing & Grants, the COUNTY or HUD on forms approved by Housing & Grants to enable Housing & Grants to evaluate said progress and to allow for completion of reports required of Housing & Grants by HUD. The SUBRECIPIENT shall allow Housing & Grants or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Housing & Grants or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUB RECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Housing & Grants provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPlENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: NAMt. OF SUBREClPlENT NAME OF PROJECT Page 12 of23 88 I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certi fication 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. 1. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. x. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: l. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as NAME UF SUBRl:X'lPIENl NAME OF PROJECT Page 13 of23 88 having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance tor acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood Insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI!. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use ofCDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(8)(8). NAME Of SUBRECIP/l:.N1 NAME OF PROJECT Page 14 of23 , (~ '<d XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits referenced herein, shaIl be executed in two (2) counterparts, each of which shaIl be deemed to be an original, and such counterparts will constitute one and the same instrument. NAMb Of SUBRbCfPIENl' NAME OF PROJECT Page 15 of23 8B ;'~ " XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WI1NESS our Hands and Seals on this day of ,200 SUBRECIPIENT BY: (SUBRECIPIENT SEAL) A UTHORIZED, PRESIDENT ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Patricia Morgan, Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NAMi'. OF SUHRi'.L'1P1ENl' NAME OF PROJECT Page 16 of23 J 111 EXHIBIT "A" SCOPE OF SERVICES NAME OF SUBRECIPIENT. DESCRIPTION OF PROJECT THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: SUBRECIPIENT. proposes to: purchase approximately properties In Collier County to provide housing for in Naples/Collier County. DESCRIBE PROJECT B. PROJECT SCOPE: The purpose of this funding: DESCRIBE PROJECT DETAILS i.e. acquisition of available lots/units throughout Collier County. All homes will be purchased and occupied by low and very-low income households meeting the HUD Income Guidelines. Funding also includes appraisal and closing cost fees. The SUBRECIPIENT shall submit to Housing & Grants a certification that all households meet income qualification at time of full occupancy. The Subrecipient will be responsible for the following: The creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds listed under Budget in Section B prior to submittal of first Request for Payment form. Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Housing & Grants and obtain a letter of approval prior to bidding the construction work. The final number of units to be constructed must be reported to the Housing & Grants staff as soon as the determination is made ifit differs from NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain Housing & Grants approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain Housing & Grants approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request advancement from Housing & Grants for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only NAM/; OF SUBRt.ClPiHNT NAME OF PROJECT Page 17 of23 88 request advancement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that Housing & Grants, in consultation with any parties Housing & Grants deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: PROJECT NAME Line Item: CDBG Funds $ $ Other $ $ Subtotal Total $ $ $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Housing & Grants, on behalf of the COUNTY, as the Grantee, for Housing & Grants approval, in a form specified by Housing & Grants. In addition, Housing & Grants may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Housing & Grants. Any amendments to this budget must be approved in writing by Housing & Grants and the Subrecipient. D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUB RECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline NAME OF SUBREClPlbNT NAME OF PROJECT Page 18 of23 88 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to Housing & Grants. I. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to Housing & Grants outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPlENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "C". The progress reports shall be used as an additional basis for Housing & Grants approval of invoices, etc. for payment. After funding is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT shall submit semi-annual reports until the seven to eleven units are constructed and occupied, J. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS DECENT HOUSING Affordability Number of new - NAMt. OF SUBRECIP/t.Nl NAME OF PROJECT Page 19 of23 88 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: CD07-0 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) NAME Of SUBRECIPIENI NAME OF PROJECT Page 20 of 23 bL EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Grants ~.taff by the 10'" of the following month, Status Report for Month of Submittal Date: Project Name Project Number CD07-0 Activity Number Subrecipient: Contact Person Telephone: (239) Fax: (239) E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2, What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project, Please list and attach any recent media coverage of your organization relating to this project. 4, List any additional data relevant to the outcome measures listed on the application for this project, 5. Identify any potential issues that may cause delay, NAME Of< SUBREClPlhNl NAME OF PROJECT Page 21 of23 :Sa 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract FederallD (see (see Number Number definitions on definitions on page 3) page 3) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "/. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. .. Ofthe households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. .. Of these households or persons assisted, Income (MFI). Enter this number in box "4. .. are low-income (51-80%) of the current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number in box /, FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOX I BOX2 BOX) BOX 4 BOX5 Total Numbt:r of Extremely VelY Low Income Female Head of Households or Persons Low Income Low Income (51-800;,,) Household Assisted (0-30%) 01-50%) , , NAM1- OF SUBREClPl1-NT NAME OF PROJECT Page 22 of 23 ::", D t.. ;' " .....l.J Subrecipients must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: NAM1-: Or SUBRt-CIP/t-NT NAME OF PROJECT Page 23 of 23 ~ 8 8 ~ COLUlll COUNTY Housing and Human Services Memo FROM: SUBJECT: DATE: Marlene Foord, County Grants Coordinator Kelly Jones, Clerk's Finance Therese Stanley, Clerk's Finance Patricia Morgan, Minutes & Records Kelsey Ward, Purchasing Department ~ Susan Golden, Grants Administration Manager Adopted One-Year Action Plan May 15, 2007 TO: Attached is a HUD One-Year Action Plan outlining the use of federal CDBG, HOME and ESG funds for housing and community development activities in FY 2007-2008. The One-Year Action Plan (AP) was approved by the BCC on April 24, 2007 via Resolution 2007-101 and submitted to the Miami HUD office last week. The enclosed copy is for your office. If you need any additional copies of the One- Year Action Plan please contact our office at 403-2330. If you have any questions regarding this document please contact me at susangolden@collieraov.net or at 213-2901. Thank you ~~-y 88 c ~.u:nty , c ONE-YEAR ACTION PLAN HUD FY 2007-2008 Collier County Board of Commissioners Jim Coletta, Chair, District 5 Tom Henning, Vice Chair, District 3 Fred W. Coyle, Commissioner, District 4 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 County Manager Jim Mudd PS Administrator, Marla Ramsey HHS Department Director, Marcy Krumbine Grants Administration Manager, Susan Golden Grants Operation Manager, Julia Langhorn The One-Year Action Plan was prepared by the staff of the Collier County Housing & Human Services Department 3050 North Horseshoe Drive, Suite 110 Naples, FL 34104 (239) 403-2330 Adopted April 24, 2007 BB q Collier County, Florida Table Of Contents 1. SF 424 Executive Summary 2 Program Funding 2007-2008 2 Project Selection 3 2. General Information 4 Geographic Area & Maps 4 Allocating Investments 8 Managing the Process 9 Citizen Participation Process 9 Institutional Structure 12 Monitoring 12 Lead Based Paint 13 3. Housing Objectives 2007-2008 14 Funding Resources 14 Public Housing 15 Barriers to Affordable Housing 15 Housing Program Requirements 18 4. Homeless Prevention 21 5. Community Development & Special Needs 23 6. Project Location Map and Information Sheets 27 7. Certifications 8. AppendiX Adopting Resolution Timeline Advertisements Public Comment FY2007 Action Plan f B B .. ~ 1. Executive Summary , B B '~ 1 , :\\.\ENTO,.. l~~ I1II +0\ ~:~,~; ~~~~g7~r~~;i~~ ~:~r The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. SF 424 Compiete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the Grantee Information Worksheet. f<\.pplicant Identifier R~06-UC-120016 TVDe of Submission Date Received bv state State Identifier I!.DDlication Pre-aDDlication Date Received bv HUD Federal Identifier J. Construction Ff Construction IXI Non Construction l Non Construction Applicant Information Collier County Board of County Commissioners Contact: Susan Golden Public Services Administration Phone: (239) 213-2901 3301 Tamiami Trail East Fax: (239) 403-2331 Naples FL 34112 susanoolden@colliernov.net EmDlover Identification Number 'EIN): 596000558 Applicant Type: Specify Other Type if necessary: New-- B Proaram Fundina U.S. Department of Housina and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(5) (cities. Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Neighborhood improvements Description of Areas Affected by CDBG including affordable housing development, housing Project(s) Countywide/Collier County, FL rehabilitation, housing infrastructure, publiC facility improvements, and other services to benefit low income individuals and families. $CDBG Grant Amount $2,400,655 I~Additional HUD Grant(s) IDescribe Leveraqed $0 $Additional Federal Funds Leveraged $Additional State Funds Leveraged 200 000 SHIP housinn rehabilitation $Locally Leveraged Funds $Grantee Funds Leveraged 3 797 000 $Anticipated Program Income 0 Jther (Describe) otal Funds Leveraged for CDBG-based Project(s) $3,997,000 I B B J ., .j Home Investment Partnerships Program 14.239 HOME HOME Project Titles Affordablehousing Jescription of Areas .Affected by HOME development, TBRA, housing rehabilitation and .... Project(s) Countywide/Collier Cpunty, FL purchase assistance' and CHDO set aside $HOME Grant Amount $686,685 + ~:dditionall;iUD Grant(s) fescribe ., 13911 for ADDI . . everaoed $Addition<ll Federal Flmds Leveraged $Additional State Funl:lsLeveraged ~3150,OOO SHIP purchase a~~istance, housino counselino and rehabilitation $Locally. Leveraged Funds $Grantee FUllds l..everaged$3,!;!OS,787 . .. .. . . $Anticipated Program Income O-C- pther (Describe) trotal Funds Leverage~ for HOME-based Project(s) $4,255,787 . :. Housing Opportunities for People with 14.241 HOPWA lAIDS HOPWA Project Titles N/A Description of Areas Affected by HOPWA Proiect(s) N/A $HOPWA Grant Amount $0 ~:dditional HUD Grant(s) IDescribe Leveraaed $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Emergency Shelter Grant Description of Areas Affected by ESG assistance for Immokalee Friendship House Project(s) Countywide with emphasis on rural Immokalee $ESG Grant Amount .1~Additional HUD Grant(s) Leveraged IDescribe 98012 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $98,012 $Anticipated Program Income 0 other (Describe) Total Funds Leveraged for ESG-based Project(s) $98,012 Conoressional Districts of: Is application subject to review by state 14 126 Executive Order 12372 Process? Is the applicant delinquent on any federal DYes This application was made available to debt> If "Yes" please include an additional the state EO 12372 process for review document explaining the situation. on DATE X No Prooram is not covered bv EO 12372 DYes [8J No U N/A Program has not been selected by the state for review J 88 ", Person to be contacted regarding this application Susan M. Golden (239) 213-2901 susa ngolden@colliergov.net Signature of Authorized Representative Board of County C mission rs Collier County, da Date Signed 4/~/~oo~ B : Jam Clem.:y ATTEST: , DWIGHT E. . BROCK, CURk ~ ~\..L~ ~,~& Lx Deputy Cl er.k . Attest ~~ to Chal,... , 5 iqndture 0111- '. sistant County Attnmcy Collier County, Florida .. ~\.\ENT 0... q~~ II "0 t JIIIIIIII * ~~ "f, III l V-s> oq e~1'I DE"\:;'" The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. BB .~ Second Program Year Action Plan FY 2007 Narrative Responses GENERAl:.' , .,. '.' ~" ' .', . ' '" , . . "" "^i ' ,., , _,. , 1 ".c - . , Executive Summary Program Year 2 Action Plan Executive Summary: Collier County Action Plan FY 2007-2008 Program Year Background Collier County receives federal funds from the U. S. Department of Housing and Urban Development for three entitlement programs. These programs are Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and the Emergency Shelter Grant (ESG) program. Collier County utilizes State funding from the State Housing Initiatives Partnership (SHIP) program to leverage and support the federal dollars, SHIP funds, local resources and private dollars are used as the required HOME and ESG match. The main priority in utilizing the limited Federal, State and local funds is providing housing opportunities for the community's low-income residents. Collier County successfully administered five years of HUD entitlement funding and met the required timeliness test in each of the past five years. Collier continues to expend nearly 100% of its federal funding on very low and low income beneficiaries. During the 2007-2008 program year Collier County will receive the following federal grant funds: Community Development Block Grant (CDBG) HOME American Dream Downpayment Initiative (ADm) Emergency Shelter Grant (ESG) $2,209,470 $ 686,685 $ 13,911 $ 98,012 TOTAL Federal Funds: $3,008,078 (Note: The entitlement cities of Naples and Marco Island will receive $115,849 and $75,336 respectively in CDBG funding bringing the total county allocation to $3,199,263) The County will use these funds to implement specific objectives identified in the required Five-Year Consolidated Plan for 2006-2010 which was adopted by the BCC on April 25, 2006 by Resolution Number 2006-110. FY2007 Action Plan 2 Collier County, Florida 8B nl The primary focus of available grant funds will continue to be the provISion of affordable housing opportunities for the very low and low income residents of Collier County. Lacation of Projects Grant funds are administered on a countywide basis targeted at helping low-income families become homeowners. In addition, funds are provided for housing rehabilitation, new housing construction and other activities that will provide opportunities for individuals and families to have safe, secure and healthy housing. The County will continue efforts to provide community development improvements in low-income neighborhoods throughout the community with a special emphasis on Immokalee, Copeland and River Park. The County will provide assistance to the homeless and special needs populations and the organizations that serve them. Project Selection Process In the fall of each year, the County prepares a timeline for competitive grant applications and preparation of the annual Action Plan. The timeline released in the fall of 2006 provided important dates including Grant Application workshops held in Naples and Immokalee, technical assistance, deadline for submitting competitive grants, grant scoring and selection deadlines, along with dates for the release of a draft One-Year Action Plan, 30 days of public comment and workshops and public hearings. Two grant application workshops were held in November 2006 and competitive grant applications were due December 13, 2006 for projects to be funded in the 2007-2008 program year. All agencies were provided with a "cure period" and final scoring and ranking occurred in February 2007. The County provides for competitive grant applications at least once a year and the applications are reviewed, ranked and scored using a specific set of written evaluation criteria. Projects recommended for funding are presented to the Affordable Housing Commission in March and to the Board of County Commission in April. The following projects are recommended for funding in 2007-2008: CDBG Habitat for Humanity Kaicasa infrastructure Immokalee Non-Profit Housing rehabilitation Empowerment Alliance Hatcher's Preserve infrastructure Youth Haven Crisis Stabilization CDBG Planning & Administration River Park infrastructure (Naples) Sidewalk construction (Marco) HOME Big Cypress Eden Gardens fire sprinklers $ 250,000 (using CHDO setaside $103,003 and regular HOME $146,997) Collier County Housing Authority TBRA $ 300,000 Single Family Rehabilitation $ 68,017 HOME Administration $ 68,668 ADD I American Dream Downpayment Initiative ESG Immokalee Friendship House operating $1,000,000 $ 608,575 $ 59,001 $ 100,000 $ 441,894 $ 115,849 $ 75,336 $ 13,911 $ 98,012 TOTAL Federal Funding $3,199,263 FY2007 Action Plan 3 Ba 2. General Information ~ : )i ~I .1 .~ ~ Collier County, Florida t 8 B General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or raCial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 2 Action Plan General Questions response: 1. Geographic Area: Federal and State funds are provided throughout Collier County. The County and two of its three incorporated cities, Naples and Marco Isiand, participate in the Urban County qualification process. Everglades City does not currently participate in this program. In the 2007-2008 program year over 70% of all federal funds received will be targeted to activities in the greater Immokalee area. FY2007 Action Plan 4 t B B Collier County, Florida Map One displays the 2000 Census Block Groups (subdivisions of Census Tracts) where more than 51% of the population has incomes below 80% of the Naples MSA's (Collier County) median family income. Within these areas the County can conduct CDBG activities on an area-wide benefit basis. As this map shows, the County's low- income areas continue to be concentrated to the east and south of 1-75. Collier County Low/Moderate I ncome Areas ~-?-. f;.:'=:,.:',.'jf.'l'....'.:..,1i.ro !~ ~ ", "" C:-::]1Dw lI1Il U<lerllll! h3Jme Nell .w. -I ----'--'. J3;"-;:- ......_ .r) I .- , ....--.--... ~ , L_______." , ~ i II i elll! Of Mexico ...~- ., ., ----- ~~ -, -.,) -'.... . ". ~..''t!-. ~. l .. ".., t~' t'"'$"'"'...... ~. <' ,~.;\., ll> I ' ~ , - . ,l.....:j ~ '" ~Ji~,--: '.,.. (' --._~'~,.~'...--\ . +.,i 14'", ~, ~ f . .... ~_'~ \, ~" ." FY2007 Action Plan 5 t 8 B t"'1 Collier County, Florida As Map Two displays, the County's African-American population is concentrated in long standing communities in the City of Naples and Immokalee. In 2000, the African-American community was 4.5% of the total county population. Collier County African - American Concentrations i ';;--'-:':::"'::i- .,.-----.--- i~ -. (1;---1"- g ~ ;a."...'"u,...................... .Ri'F<<lIlf(l.l'J"-!tlIl1l;iolJ&ltSk.ck p'Io_.ati. .. .'IIti..:a% __A~ .':Ill,. Y I 2" ...._ T ..~ ,.,~ ~Wl .~.. ..:+:" - ~ +'4 " .} :' "-~ } ~.. ." .--:>"'" ,f:..--",::',. ,"'.". --1 . ,I. .) ~__, (~".~- '- ... '- ;.t. -=-- \ \ !, -,,',-!t:'""-,. "", CI/lt 01 Mexico] l...'t ')'~j;_~(.<j.JIl I." j .....'..J ,~ ' '. . ------- ,., . '~,;i;;'" ~ t'\~ FY2007 Action Plan 6 t BB Collier County, Florida In 2000, Hispanics, who can be of any race, made up 19.6% of the County's population. The Hispanic influx into Collier County has followed the larger statewide influx of Hispanics that occurred during the 1990s throughout Florida. Hispanics now comprise 17% of the state's population. As Map Three displays, Hispanics are clustered to the east and south of U.S. Route 41. Colli er Cou nty Hi spani c Con centration s ~ ;a<""C'~h......~ ~... ."". ~T~r41P=~~~J( lII~-'lII"" .. _'a'llo-~'" __At Iiiii'a'llo """"'r 1II :Z" ..u_ f;ul't of Me }f}CO FY2007 Action Plan 7 ~ B B Collier County, Florida 2. Basis For Allocating Investments: Housing Based upon the Five-Year Consolidated Plan (2006-2010) housing will continue to be the primary focus of the County's CDBG and HOME programs. Low-income families (earning below 80% of the median income) continue to have the most trouble in the Collier County housing market. They will continue to receive priority from the County's affordable housing rental and ownership programs. All housing programs operate countywide. Homeless The County's priorities were developed in conjunction with the Collier County Hunger & Homeless Coalition. The Coalition's HUD-required 'Continuum of Care' priorities are homeless prevention, families with children, chronic homeless and the development of additional shelter beds and transitional and permanent housing. The homeless programs operate countywide. The Collier County Health Department, through the State of Florida, provides HOPWA services for AlDS/HIV residents of Collier County. The County supports this program. Non-Homeless Special Needs The County will continue to support the provision of supportive housing for persons with special needs on a countywide basis. Community Development The County will continue to support the revitalization of its low-income neighborhoods. Efforts will continue to have Immokalee and other low income areas designated as Neighborhood Revitalization Strategy Areas (NRSA) where appropriate and supported by the community. 3. Obstacles To Meeting Underserved Needs: The major obstacle to meeting the County's underserved needs will continue to be the reduction of federal/state support, which has decreased over time as all areas of government continue to reduce funding for low income housing and community development initiatives. In response to this obstacle, the County has enacted a number of local programs designed to increase the supply of affordable housing including density bonus, impact fee deferrals and expedited permitting. The County is also exploring efforts to raise funds locally, through linkage fees and other initiatives, to support the production of affordable housing. 4. Identify Federal, State, And Local Resources: Federal resources will include CDBG and HOME. State funds available in 2007-2008 will include the State Housing Initiatives Partnership (SHIP) funds and Disaster Recovery Initiative resources. Locally Collier County provides $750,000 annually for the deferral of water and sewer impact fees for income qualified homebuyers. All nonprofit and for profit partners are encouraged to provide private resources to leverage federal and state dollars. In 2007-2008, agencies receiving CDBG, HOME and ESG funds have committed over $7,700,000 in match or leverage. FY2007 Action Plan 8 I B B Collier County, Florida Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 2 Action Plan Managing the Process response: 1. Lead Agency: The County's Housing and Human Services Department is the lead agency. The County is submitting its One-Year Action Plan as approved by the Board of County Commissioners on April 24, 2007. 2. Citizen Participation Process: The County has adopted a Citizen Participation Plan that meets all of the HUD requirements. The Citizen Participation Plan is included in the Appendix of the Five Year Plan. The participation process includes extensive ongoing consultations with participating social service/housing agencies and citizens. Beginning in the fall of 2005, a series of meetings were held throughout the County to report on the County's ongoing programs and to solicit housing and community development needs from public and private agencies and its citizens. In addition, the County sent detailed questionnaires on community development and housing needs to over 130 individuals and nonprofit organizations that operate in Collier County. Responses to the questionnaires were used in the creation of the draft 5-Year Plan and 2006-2007 One-Year Action Plan. In developing the second year action plan, additional information was solicited at a number of community meetings. Competitive grant applications were received from 16 local organizations requesting over 9 million dollars in federal funding assistance. A thirty-day public comment period was held between March 8 to April 7, 2007 to take public comment on the draft Action Plan. Public hearings were held and formal adoption of the plan occurred on April 24, 2007. During the 30-day public comment period, the County did receive one written comment. The comment and the County response are included in the Appendix. 3. Consultations: Consultation is an ongoing process for departmental staff; they monitor housing and community development issues and needs through the following means: 1) Regular meetings with local housing and CD providers. 2) Participation by County staff on boards, committees, and agencies, including the monthly Affordable Housing Commission. FY2007 Action Plan 9 Collier County, Florida rSB !:'~l 3) Discussions at committees supported by the County including Community Redevelopment Agency (CRA) meetings in Immokalee, East Naples and the City of Naples. 4) Technical assistance to agencies and other entities. 5) Working with local lenders on Community Reinvestment Act commitments and requirements. 6) Participation in public forums, including Chamber of Commerce, Economic Development Council (EDC) and others. 7) Holding public hearings. 8) Preparation of documents, flyers and brochures regarding specific programs. 9) Special studies. 10) Membership in local and state organizations. The following public and private agencies and entities were consulted throughout the year concerning ongoing topics of mutual interest, or were consulted in preparation of the Consolidated Plan or through forums for discussion. In some cases, specific reports and plans of the agencies were used. Public Agencies: Cities (2) participating in the County's CDBG Program. Health Department: Lead based paint poisoning cases; efforts to remove and reduce LBP hazards and promote screening and communitywide poisoning prevention education. County and City Planning/Community Development Departments: Coordination with the Comprehensive Plan - Housing Element; barriers to affordable housing, development issues, and population projections. Sheriff's Office: Crime prevention programs; homeless; runaway youth; coordination of resources and programs. County Department of Human Services Public service/social service needs Economic Development Council of Collier County: Antipoverty strategy. Code enforcement. Collier County Housing Authority. Southwest Florida Regional Planning Council: Coordination on regional intergovernmental issues regarding housing and community development. Area Agency on Aging: Priority needs of the elderly WAGES Coalition: Antipoverty strategies. Workforce Development Board: Antipoverty strategies. State of Florida Quasi-PUblic Agencies: Collier County Hunger and Homeless Coalition: Coalition is comprised of more than 30 local nonprofit service providers who address homeless needs, including persons with HIV, domestic violence, health care, veteran's, emergency shelters and organizations assisting those at risk of homelessness. FY2007 Action Plan 10 ~8B ~ ,'~ Collier County, Florida Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. Program Year 2 Action Plan Citizen Participation response: 1. Citizen Participation Process: The County has adopted a citizen participation plan that meets all HUD regulations. The citizen participation process included holding public hearings early in the Consolidated Plan development process to review the existing programs and to solicit community needs. In preparation for developing the Five-Year Plan, surveys were provided to 130 individuals and agencies to gather input and identify issues. In addition, staff held multiple meetings and workshops, released a Request for Proposal (RFP), provided technical assistance, advertised the availability of funds in the Naples Daily News, lmmokalee Bulletin and on the County website, accepted grant applications and provided a thirty-day public comment period and public hearings on the Draft Five-Year Consolidated Plan and respective One-Year Action Plan. A similar process is followed each year in preparation of the annual Action Plan. 2. Summary Of Comments Received: The public hearing comments received in the plan preparation phase centered around the need for more affordable/workforce housing and supportive housing for special needs. The County did receive one written comment during the 30-day public comment period. The written comment centered on the need for more grant opportunities for smaller, grassroots organizations. The written comment and County response are included in the Appendix. 3. Efforts Made To Broaden The Process: The County, through its ongoing public participation/consultation process, continually seeks to broaden this process by involving new nonprofit organizations in its various programs and by continuing its efforts to provide information to residents. At all public meetings and workshops, staff is available to provide translation as needed. Print advertisement is also provided in English and Spanish. The County expanded its public notice efforts by posting information on its website, providing regular email notices and advertisements in the Naples Daily News and lmmokalee Bulletin. The annual Action Plan is available on the County's website, at local libraries and county government offices. 4. Comments Not Considered: There were no public comments received that were not considered. FY2007 Action Plan 11 J 8 B ., ! Collier County, Florida Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structu re. Program Year 2 Action Plan Institutional Structure response: 1. Institutional Structure: The County's Housing and Human Services office coordinates with a wide range of organizations from for profit housing developers to nonprofit service providers. During the coming year the County will continue to work with its existing institutional structure of housing and service providers to make small, continuous improvements to the process. As Collier grows and new entities express interest in the housing and community development needs of the very-low to moderate income residents, these individuals and organizations will be encouraged to participate on a variety of levels. This may include encouraging new Community Housing Development Organizations (CHDOs) to providing increased technical assistance (TA) to grassroots, nonprofits participating in the planning process for the first time. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 2 Action Plan Monitoring response: 1. Monitoring: All subrecipients receive federal and local regulations relating to their specific activity, along with an explanation as to how they apply to the particular project. Specific performance agreements will be executed with each subrecipient, giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis through a combination of desk and phone monitoring, site visits and monthly reporting. All preconstruction conferences are attended by Housing and Human Services staff. Documentation submitted with reimbursement requests is reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of subrecipients is scheduled and completed annually by the Project Management staff. A checklist is completed and reviewed to insure all aspects of the activity are carried out in accordance with applicable regulations. A follow-up letter is sent to the subrecipient stating the outcome of the monitoring visit. In addition to the above, any subrecipient determined to be in need of and/or requesting additional training on how to meet grantee and federal requirements receives technical assistance in the form deemed most appropriate to the circumstances. Additional technical assistance, if needed or requested, is provided by County staff or other resources. FY2007 Action Plan 12 , 8a fij4 Collier County, Florida HOME: Monitoring is carried out in accordance with federal regulations to insure compliance with all HOME requirements. Each subrecipient is monitored on-site to verify that: o The minimum household income percent requirement for HOME assisted units is being met under the contract. o Eligible tenant occupancy meets the minimum income percentage requirement for HOME assisted units under the guidelines. o Contractual requirements regarding concentration of HOME units, treatment of HOME tenants, and other contractual matters are being adhered to. o The waiting list procedures are in compliance with the grant covenants. o The federal equal housing law provisions of the contract are being adhered to. o The Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) provisions of the contract are being adhered to. o The HOME assisted units meet housing quality standards (HQS), and rental files are reviewed to include: current lease, acceptable identification, monthly rent compliance, tenant income, and annual recertification. Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 2 Action Plan Lead-based Paint response: Lead Based Paint Actions: During the coming year the Collier County Health Department will continue to screen and test school children for lead poisoning. The County Housing staff will inspect/test all housing built before 1978 for lead-based paint in purchase assistance & rehabilitation programs. Lead-Based Paint Hazard Reduction The County follows procedures as specified in applicable regulations and, specifically, those detailed in Title X. The Department and its representatives provide all required notifications to owners and occupants and inspect for defective paint surfaces of pre- 1978 properties. Any defective paint conditions found are included in the scope of work and treatment provided to the defective areas. No children under 7 years of age have been found to have identified Environmental Intervention Blood Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary. All Department policies and procedures have been revised to conform to Title X. County staff members are HUD certified as Risk Assessors. The County retains EPA certified inspectors to conduct the testing and clearance of suspect properties. In every program where federal funds are expended on a housing unit, the County incorporates the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35. FY2007 Action Plan 13 , 8 B t If 3. Housing Objectives 2007-2008 ~ 88 ~1 .~ Collier County, Florida Jrtn.lSING . :::." : ' ' . .,..; ,.~. . . ': '" ~ '.: . ,', +; '" 1 ~ ~, , . .' Specific Housing Objectives 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: 1. Housing Objectives for FY2007/08: o Provide direct purchase assistance to 100 very low to moderate-income homebuyers. Federal Funds: ADD!. State/Other Funds: SHIP and private. o Preserve the existing housing stock by funding the rehabilitation of 20 existing units for low-income owner households. Federal Funds: HOME. State/Other Funds: SHIP/DR!. o Provide tenant-based rental assistance to 30 households including formerly homeless, special needs and individuals that participate in a 'Welfare-to- Wages" program, attend job/skills training programs or other self sufficiency programs. Federal Funds: HOME. o Provide infrastructure assistance for the construction of 219 units of owner occupied housing. Federal Funds: CDBG/HOME. State/Other Funds: SHIP and private o Rehabilitate 74 rental units for affordable rental housing. Federal Funds: CDBG. State/Other Funds: SHIP and private o Provide credit counseling and homeownership training assistance to 200 prospective low-income homebuyers. Federal Funds: HOME/CDBG. State/Other Funds: SHIP. o Provide housing construction assistance for the completion of 51 new rental units for qualified households. Federal Funds: HOME, State/Other Funds: LlHTC, USDA, FHLB and others 2. Federal, State, And Local Public And Private Sector Resources: Federal resources will include CDBG and HOME. State funds available in 2007-2008 will include the State Housing Initiatives Partnership (SHIP) funds and Disaster Recovery Initiative resources. Locally Collier County provides $750,000 annually for the deferral of water and sewer impact fees for income qualified homebuyers. All FY2007 Action Plan 14 t 8 B ,~ Collier County, Florida nonprofit and for profit partners are encouraged to provide private resources to leverage federal and state dollars. In 2007-2008, agencies receiving CDBG, HOME and ESG funds have committed over $7,700,000 as match or leverage. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more Involved in management and participate in homeownership. 2. If the publiC housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 2 Action Plan Public Housing Strategy response: 1. Needs Of Public Housing: The Collier County Housing Authority (CCHA) does not have any units funded by HUD. The Authority's units were built through USDA Rural Development programs. The Authority has in place a resident management and maintenance program. CCHA implements the County's HOME funded Tenant Based Rental Assistance (TBRA) program. In addition, the County works with the Housing Authority on Family Self Sufficiency and to encourage residents to become homeowners through various housing programs. The County's ADD! funds are available to help qualified residents obtain home ownership. 2. Housing Authority Performance: The County's Public Housing Authority is not listed as "troubled" by HUD. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 2 Action Plan Barriers to Affordable Housing response: Barriers to Affordable Housing: The County has completed its state-mandated Regulatory Reduction Review. The County's Affordable Housing Commission is available to review proposed regulations for their impact on affordable housing, and provide guidance on a range of incentives for the provision of affordable housing. The Affordable Housing Commission (AHC) also provides oversight of the state-mandated Growth Management Plan's Housing Element. The monthly AHC meetings include discussions on the barriers/solutions including the high cost of land, community land trusts, inventory of excess County- owned property, expedited permit processing and other issues that affect the ability to produce affordable workforce housing in Collier County. FY2007 Action Plan 15 BB J .'1 , Collier County, Florida The County will continue to evaluate linkage fees and inclusionary zoning concepts in 2007-2008. In addition, incentive packages will also be reviewed. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in 9 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADD I funds for homebuyers, it must state the guidelines for resale or recapture, as required in 9 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 9 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographiC area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e) (2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADD!) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADD! funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADD! funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 2 Action Plan HOME/ADD! response: 1. Other Forms Of Investment: Collier County is a recipient of State affordable housing funds through the SHIP program. In FY2007 the County will receive approximately $2,900,000. These FY2007 Action Plan 16 ~ 8 B 4 Collier County, Florida funds are used in concert with the HOME program as the required local match. The non-profit recipient of the County's ESG funds provides the local match as a condition of receiving the grant. 2. Resale/Recapture Provisions: The County has in place resale and recapture provisions that meet the requirements of Section 92.254 of the HOME rule. These provisions are included in all contractual agreements with owners, developers and/or sponsors. 3. Multi-Family Housing: The County will not use HOME funds to refinance existing debt of multi-family housing. 4. American Dream Down-Payment Initiative: a) Target With the ADDI funding decreasing to less than $14,000 in 2007-2008, this down payment assistance can only be provided to two (2) households. The County will undertake specific outreach of its ADD! down-payment assistance program to: 1. Persons assisted by the Collier County Housing Authority, 2. Residents of mobile homes, and 3. Residents of rental apartments converting to condominiums. b) Outreach Outreach to publicly assisted tenants will be provided by working with the local PHA to provide homeownership workshops. The housing authorities' staff will be asked to identify viable homeownership candidates (income level, rent payment record, etc.) for special workshops. County staff will also review and discuss the CCHA's initiatives under the Housing Choice Voucher Program to identify opportunities for program and benefit coordination including Habitat for Humanity and other alternatives. The Housing Authority currently refers potential homeowners to the local Habitat for Humanity. Outreach to residents of mobile home parks will be explored. The County will attempt to identify mobile home communities in the County in which the home sites are rented. These residents will be provided information about the first-time homebuyer program. If there is sufficient response, meetings and counseling will be delivered for these clients. In addition, with the rapid number of rental units converting to condos, the County will provide information on first time homebuyer programs to individuals who may qualify for purchase assistance. c) Provisions to Ensure Suitability for Homeownership It is a challenge to attempt to ensure the success of homeownership programs. In order to help ensure the sustainability of families to undertake and maintain homeownership, counseling is provided to all households that are approved for County purchase assistance. The County will continue to improve and upgrade its housing counseling programs in conjunction with local CHDOs and nonprofits as well as housing developers. For homeownership retention, the County coordinates with local resources including legal aid, Extension Service and nonprofit organizations to assist low-income owners remain in their homes. FY2007 Action Plan 17 '8B Collier County, Florida The County plans to strengthen its homeownership education programs in the coming years. PROGRAM REQUIREMENTS AFFORDABLE HOUSING PROGRAMS CDBG, HOME and State SHIP resources provide Collier County with the means to assist low income residents with the purchase of housing and the rehabilitation of substandard housing for homeowners with incomes of 80% or less than the county median income. The Housing and Human Services Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first-come, first-served basis, with preference given to residents of targeted neighborhoods, the elderly and disabled residents and those with emergency/life-threatening situations. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the deveiopment of affordable housing. This use of CDBG funds meets the number one priority of the County's 5-Year Consolidated Plan to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. CDBG funds will be used to purchase land in targeted neighborhoods. The County will work with nonprofit affordable housing developers, CHDOs, and CBDOs to rehabilitate and/or construct new affordable housing. Housing Rehabilitation Assistance CDBG, HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 30 low-income homeowners with the rehabilitation of their home. The average amount of rehabilitation assistance is $15,000 per residence. Assistance of this program is secured by a ten-year, amortized, forgivable deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Homes receiving rehab assistance through the HOME program will be subject to the recapture provisions. Down Payment Assistance ADDI and SHIP funds will be used for affordable housing by assisting approximately 20 low and moderate-income first-time homebuyer families with downpayment/c1osing cost assistance. The maximum ADD! assistance is a grant of $10,000. The SHIP program provides down payment of up to fifteen percent (15%) of the purchase price of the home. The maximum sales price of a new home cannot exceed $300,000 (SHIP cap). FY2007 Action Plan 18 Ba tjJ Collier County, Florida A mortgage and promissory note secure this program. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as the homebuyer's permanent residence during the County's mortgage term, the mortgage becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds will be used to partner with the Collier County Housing Authority (CCHA) and other eligible agencies to provide TBRA to assist renters with costs associated with their housing. This assistance can provide funds to make up the gap between 30% of the qualified household's monthly income and local rental rates. TBRA can also be used to assist tenants with other housing costs including security and utility deposits. As indicated in Section 3 (Overall Priorities) the housing costs throughout Collier County are among the highest in the State of Florida and throughout the southeastern United States. With the escalating Fair Market rents in Collier County, TBRA will help address the cost-burden and increasing needs of very low and low-income renters. Community Housing Development Organization (CHDO) HOME funds will be used to support the affordable housing activities of CHDOs serving Collier County. The County, as a participating jurisdiction (P]), must invest or set aside at least 15 percent (15%) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or rental units. Additionally, the County may allocate up to five percent (5%) of its total allocation as CHDO operating funds, and may provide these funds to CHDOs to help them pay operating costs and build their capacity to develop successful affordable housing projects and programs. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Community Development Block Grant (CDBG) funds are utilized countywide for a variety of housing and community development activities. Collier County's CDBG activities have generated very little program income. There is no program income anticipated in 2007-2008. At such time as program income is received, it will be reported and expended in compliance with HUD regulations. The County does not have urban renewal funds and has not returned any CDBG funds to its line of credit. In addition, there are no float funded activities or income. There are no activities designed to meet "urgent needs" at the present time. The Citizen Participation Plan will address the need for the Board of County Commissioners to declare an urgent need or disaster in the event that conditions would occur that pose a serious threat to the health, safety and welfare of the community. FY2007 Action Plan 19 Collier County, Florida 88 "j HOME Collier County intends to provide HOME funds on a community wide basis. However, the County may also elect to target HOME resources to specific geographic areas, concentrations of low-income residents, NRSAs or other appropriate locations. HOME funds that are provided as a direct subsidy to a home buyer, such as downpayment and closing cost assistance, will be recaptured upon sale, refinance or loss of homestead exemption. This policy exists for housing assisted with State SHIP funds and federal HOME resources. The recapture provisions are outlined in contractual agreements with the recipient of SHIP and HOME funds. The HOME recapture provisions comply with 92.254 (5) (ii). When HOME funds are used as a developer subsidy, as in the construction of multiple housing units or acquisition and rehab, the resale provisions will apply in accordance with 92.254 (5) (i). The period of affordability, resale, recertification, match and other HOME requirements are outlined in the contractual agreement with the developer requesting financial assistance from Collier County. The County does not intend to refinance existing debt secured by multifamily housing that may be rehabilitated with HOME funds. Collier County will not use HOME funds to refinance multifamily loans made or insured by any Federal program, including CDBG in accordance with 91.220(g) (2) (F). ADDI (91.220 (g) (2) (iv)) Collier County will use ADD! funds to assist very low to low income and minority households become homeowners. ADDI will be utilized for down payment and closing cost assistance. ADDI funds will be utilized community wide. The County may also determine that ADD! can be used in targeted areas including the rural communities of Copeland/Lee Cypress and Immokalee. A plan for conducting targeted outreach will be developed and include coordination with local churches, the minority community including organizations such as the NAACP and the Southwest Florida Hispanic Chamber of Commerce, the Collier County Housing Authority and residents of older, mobile home parks located throughout Collier County. As with other down payment programs, the County will coordinate with the Collier County Loan Consortium and the Collier County Housing Development Corporation, Consumer Credit Counseling and other groups to assist potential first-time homebuyers prepare, undertake and maintain homeownership. This may take the form of debt reduction, budgeting and financial counseling, homebuyer education workshops, after purchase education on home maintenance, and other important issues to help ensure homeownership stability. When ADDI funds are used for down payment and closing cost assistance, a recapture provision upon sale, refinance or loss of homestead exemption will be instituted in conjunction with the HOME and State SHIP guidelines. The recapture provisions are outlined in contractual agreements with recipients of SHIP, HOME and ADD! funds. FY2007 Action Plan 20 , Ba .~.f 4. Homeless Prevention Coilier County, Florida , B B .'j .~, R"'~ ^, '" IdS""' ..;,,~, ~"'"'t'; itlfH"\1~ '" ~~~~t ,.,!~'+ ~~f'''f1Y'1 u:':"-~;::J~~i'!'$$i'1W}j~'iAt/.~l".;; i~:L18i;'ibIDk><$:m~'> .,. -\i/W~'~ "'Merc d, 'v. ,~".,- .;, "'",'" 'yl"'''J!''''''':..''l.fi'';l!~;,},/,,'~'''~'!I]; "Ul:~~"'~", 'f~\," ,", <,,:,,";"~~;, ',_ ":'t:~~:~,. J(';:~lf:;;'I,,'" "\l:,"~']~r::;~:'':~ };~>"f~W;:~~ Specific Homeless Prevention Elements 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness- The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 2 Action Plan Special Needs response: 1. Source Of Funds: The County receives Emergency Shelter Grant (ESG) funds from HUD. The required match for these funds is provided by the subrecipient. The County has three emergency shelters that qualify for ESG funds and the funds have been earmarked for each agency to receive on a rotating basis. In 2007-2008, ESG funds will be provided to the Immokalee Friendship House. As the Lead Agency, the county submits an application for Continuum of Care (CoC) funding on behalf of the CoCO In 2006, three (3) agencies will receive funding as the result of a successful 2005 application cycle. A total of $622,521 will be available as follows: Shelter for Abused Women & Children St. Matthew's House/Wolfe Apts HMIS expansion renewal $226,266 over 3 years $291,610 over 2 years $104,645 for 1 year Unfortunately, the spring 2006 CoC/SHP application requesting $1,068,679 was unsuccessful when HUD released the results in February 2007. Only one agency, Shelter for Abused Women, will receive a small allocation of less than $36,000. FY2007 Action Plan 21 t BB .~ Collier County, Florida 2. Homeless Accomplishments: Collier County is a member of the Hunger & Homeless Coalition and is the Lead Agency for the Continuum of Care. The County supports the homeless priorities established in the Continuum. In 2007, Collier County will carry out the following specific activities: o Provide funds for emergency shelter operations for 150 homeless persons. (ESG funds) o Operating and supportive services for 12 permanent supportive housing beds (CoC/SHPR funds) u Construction of transitional housing beds for 9 to 12 homeless persons (CoC/SHP, CDBG and private fundS) o Continue HMIS expansion using CoC/SHPR or other funds Barriers to accomplishing these goals include a lack of federal, state and local funds. The County and the Collier County Hunger & Homeless Coalition (CCHHC) continue to apply for State and Federal competitive funds but were unsuccessful in securing funding in the 2006 competitive cycle. 3. Eliminating Chronic Homelessness: The County will continue to work with the Homeless Coalition (CCHHC) to expand the number of emergency, transitional and permanent supportive housing beds. In addition, the CCHHC is pursuing a 10-year plan to end chronic homelessness. Preparation for the development of a 10-year plan is underway. Two potential barriers to addressing chronic homeless on the local level are a lack of political will and a local priority to address the increasing homeless family population. Homeless families are increasing at a more rapid rate than the chronic homeless population. Given the high cost of housing and heavy reliance on service industry jobs it is estimated that the number of homeless families will continue to grow. 4. Homeless Prevention: The County's Department of Housing & Human Services, through its Social Service program, provides financial assistance and coordination with a variety of agencies to families and individuals at risk of becoming homeless. The Housing & Grants office, within Housing and Human Services, encourages local agencies to refer families to the State of Florida Emergency Financial Assistance for Housing Program (EFAHP) which provides up to $400 in emergency housing assistance for families with children who are at risk of homelessness. As Lead Agency, the County also coordinates with nonprofits on an annual application to the State for Challenge grant funds which can be used for homeless prevention services. Additional funding sources are needed to address the increased demand for homeless prevention services. The Emergency Sheiter Grant (ESG) is provided to the three local sheiter providers on a rotating basis. Seven (7) local non profits currently participate in the Homeless Management Information System (HMIS) known as the Information Network for the Community of Collier County (INCCC). Four (4) additionai agencies have expressed interest in joining this effort to coordinate homeless services in the coming year. FY2007 Action Plan 22 ~ 8 B 5. Community Development & Special Needs Collier County, Florida t B B 5. Discharge Coordination Strategy: The Hunger & Homeless Coalition works with local law enforcement officials, as well as area hospitals, to reintegrate persons leaving public institutions. With the assistance of a grant from the Florida Office on Homelessness, the Hunger & Homeless Coalition will participate in a Discharge Planning process in March 2007. The Coalition has recently developed a partnership with a new, nonprofit Prisoner Re-entry organization based in Immokalee. Efforts are being made to assist this program with potential funding resources. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 2 Action Plan ESG response: Not applicable to Collier County Community Development 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. , Program Year 2 Action Plan Community Development response: 1. Community Development Needs: The County has identified physical improvements within its low-income neighborhoods as a priority. 2. Specific Activities: The County will undertake the following Community Development activities this program year using CDBG funds: o Provide infrastructure to support two affordable housing developments for very low and low income residents. o Provide two public facility improvements that benefit low income neighborhoods. o Provide assistance to the children, homeless, victims of domestic violence and other special needs populations. Federal Funds: CDBG/ESG. State/Other Funds: Private FY2007 Action Plan 23 Collier County, Florida , B B Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 2 Action Plan Antipoverty Strategy response: 1. Antipoverty Strategy: Most activities undertaken by Collier County with its entitlement funds are efforts to improve the quality of life for those living at or near poverty. Collier County has three (3) initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, through its partnership with the Economic Development Council, the County has an ongoing economic development program. This plan is designed to both attract new businesses to the County and to help existing businesses expand. One of the goals of this public/private partnership is to increase the number of high wage paying new jobs. The Second important component of this economic development effort is the County and EDC's partnership with Florida Gulf Coast University's Small Business Development Center (SBDC) which teaches potential business owners how to successfully start a new company. An additional partnership includes the customized job training programs provided by Collier County Public School's Lorenzo Walker Institute of Technology (LWIT) which train low income residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding businesses. Third, the County has two community redevelopment areas (CRA), the Gateway/Bayshore CRA and the Immokalee CRA, where it is actively seeking to redevelop these older communities. A third CRA is located within the City of Naples. Collectively, these efforts represent a realistic countywide antipoverty strategy. 2. Extant Strategy Will Reduce Poverty: Collier County's economy is centered on tourism, construction, services, retail and agriculture. The local economy has historically focused on tourism and services to benefit the affluent residents and visitors. The County's current strategy is designed to increase the number of better paying jobs and prepare the County's workforce to be qualified to fill higher wage paying jobs. Job training/education and a more diverse employment base will help reduce the poverty level. FY2007 Action Plan 24 Collier County, Florida BB 4 ~ -~- Non-homeless Special Needs (91.220 (c) and (e)) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: 1. Specific Activities: The County does not have any specific federal entitlement funds earmarked to assist the non-homeless special needs population in 2007-2008. However, the County does coordinate on a regular basis with organizations that address the non-homeless special needs population including Sunrise Community (TECH), MS Home, NAMI, PACE Center for Girls, Shelter for Abused Women & Children, Youth Haven and other organizations that assist this population. The County will continue efforts to assist this population by identifying a variety of funding sources, accepting grant applications, providing technical assistance, referrals and support. Local agencies assisting the non-homeless special needs populations will be encouraged to develop long range plans to provide for beds, supportive services and other needs. In addition, the County's existing housing and community and economic development programs are available to all income qualified individuals. 2. How Resources Will Be Utilized: Applications for entitlement funding for this population will be considered on an annual basis. In addition, information on alternative funding sources will be provided to interested organizations. The County will utilize its Department of Housing & Human Services resources and competitive grants to leverage existing community resou rces. Housing Opportunities for People with AIDS 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. FY2007 Action Plan 25 I BS 0' !. Collier County, Florida 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 2 Action Plan HOPWA response: The City of Fort Myers no longer serves as the regional HOPWA. The Collier County Health Department accesses funds through the State of Florida to assist HIV/AIDS clients. Collier County is not a HOPWA entitlement but the County's Housing and Human Services Department supports these activities and shares information with organizations that serve this population. SpecifiC HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 2 Specific HOPWA Objectives response: Not applicable as HOPWA administered by the State of Florida. '\ ~ , i Include any Action Plan information that was not covered by a narrative in any other section. FY2007 Action Plan 26 B B 4J 6. Project Information Sheets B B T 48 S T 47 S T 49 S T 50 S T 51 S T 52 S T 53 s ti A1NOOO C1l:1""'OtiB A1NOOO]OYO W . W ~ '" .., U) 0 Z w ~ ~ a: 0 1 w ~ a. w w II> ~ - e 0 0 ill ~ ~ Z Z 0( 0( '" CO 0( ... :I: W I;; ~ 0 Z 0 ~ w ill 0( 0 0 i 0 w ~ 0 u ~ 0( ~ ~ ~ Z W I;; > w N 0 lL 0 0 0: ill w '" W N . . W '" 0( .. ~ ~ ~ ::; t:: Z ,... Q " ~ '" ~ ~ .. ~ .. W ~ iii . 0 0: Z ~ Z , ~... Z ~ 0 ~ " 0 w 8 w :0 , 00: 0: 0: Cl N :00 Z Cl >- >- w > w I!'il: ::) w ~ ~ !i! ~ z In :i :i iii , ;;; 11>:> 8 " ill " 8 Olin .. 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U u ~~ .- " , z < ~~ '- 00 w " Odlll... i'::l':su~ .~ '- 0 o ~e! u511 "' ~"O N 'II - lJoo-s'n '""~1 \ ~~:8 u, '" U. ......., ^ ~j~ .- j , ~/ ",i!!/ " 'I" - ah~ ~"' - o:Z 'g~ 0 o(W ~ z ~ ,; ..'" :r i c.'{) -d ~ (;,Llf o:W U>~ OJ Vie 5~~ U w> ::~ -"'w >'l!l . , 0:" ~::l> c~~ ! /Doo ~r: :0,,0: 0 ...... ~!~ ! .uo CPMP Version 2.0 BS 44 Grantee Name: Collier County Project Name: I Kaicas,f.HousinQ Infrastructure Description: 1 IIDIS Project #: IC007-01" IUOG Code: IF1129021 Collier Countv Installation of Kaicasa Phase IInfrastructure including,clearlnll, storm sewer, sanitary collection system, potable water and paving to support 2040wner-occupied housing unItS. Location: Southeastt Im!Tlokalee adjacent to Farm Worker Village and SR 29 Expected ComDletlon Date: 12/31/2008) - ~DJective cate90ry @ Decent Housing o SuitablE! Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Affordability o Sustainability '" .. _ C Ql Ql > E .!!.c I '" t,;:: Ql a. '0' E .. 0 ll. u u c( 10 Housing Units j.. .----- AccompL Type: Accompl. Type: Proposed Outcome 204 new affordable units Select ane: Priority Need Cateaorv [?~_~~r' o~~~~~_~;~_~~~~_---=__~~__ _J"'I Explanation: Project includes site clearance and the installation of storm sewer, sanitary collection system, potable water and paving for 204 new Habitat for Humanity owner occupied units. Soeclflc Objectives 1 }n:r~~se th~ a.~~il_~.bi~ity of afford~~l_:__o.~n:r~?using ~ __ 2 ~!mp~~_~: ~c_~~ss to _afford_able _?wner_ houSi~g_ 3 i I_~~.r_o~: a:~ess !o affor~~~_l_eoo~_~n_er ho~si~_~ for ~_in.~~ties . ~ -~ '.1 '. AccompL Type: .. Proposed Underway Complete .... Proposed - Underway Complete . Proposed Underway Complete Actual Outcome Proposed Underway Complete .. Proposed Underway Complete .. Proposed Underway Complete Performance Measure 204 AccompL Type: .. - -- - - AccompL Type: ...1 Matrix Codes ". . -- Matrix Codes ,-- - ---- 03 Public Facilities and Improvements (General) 570.201(c) . ... . . - .. i Matrix Codes -- _ ---"- ---.-- ... . ----- . . .... J Matri_~.~_~~~ . . -- Matrix Codes -...... - -oo--------- . ..... --- ...-.- - ... CDBG . Pro Dosed Amt. ---------------~,--_.._- -- Actual Amount .. III ProDosed Amt. Ql Fund Source: . >- -- ----------- Actual Amount E III 10 Housing Units . Proposed Units .. III __m______ .-. Actual Units 0 Proposed Units .. Accompl. Type: . ll. oo-------- Actual Units Project (1) $1,000,000 Fund Source: . ProDosed Amt. i. -- ----oo Actual Amount Fund Source: . Proposed Amt. Actual Amount 204 AccompL Type: . ProDosed Units - ----- Actual Units Accompl. Type: . Proposed Units Actual Units 1 CPMP BB 4 Pro;ect Name: INPH.Ridae/Pines Rehabilitaion Description: IIDIS Pro;ect #: ICO()7-02 ... IUOG Code: IFL129021 Collier Countv Interior rehabilitation and painting of farm worker rental housing in the Sanders Pines and Timber Ridge communities. Reh~blllatlon will include new kitchens, bathrooms and doors. Rehablllation will benefit 74 low Income farm worker hoOseholds. . Location: Priority Need Cate"orv .. Sanders Pines Circle, Cambridge [Rental HO~Sln~ - __3 and Wilton Court! Immokalee Select one: - - ~ --~-- -~---~- - ---~--- ----- Explanation: Expected Comoletion Date: 05/ This housing rehabillation project will extend the life of the 74 rental 06/31/2008) units in Sanders Pines and Timber Ridge and ensure that the units .9bJectlve category meet Housing Quality Standards. @ Decent Housing o Suitable Uving Environment o Economic Opportunity . Specific Ob;ectlves Outcome Categories llImprove the qualityof affordable~ental housing --.---... --~ [2] Availability/Accessibility 2 r~mprove_~access to aff~_r9_ab~e re~tal ~.?~~i"n.g ~ D Affordability ...-- ._- D Sustainability 3~- . -------- -------- ...----- ---- ------ -- .0________... _ ------ --.. 10 Housing Units .. Proposed 74 AccompL Type: . Proposed 1ft --.-.- - -- n -..- ---"-' ... Underway Underway - C CII CII Complete Complete > E CII ProDosed I .c AccompL Type: . AccompL Type: . Proposed .... .! ------- -'----- -- Underway -- ----' Underway u- CII Q. Complete Complete '... E 0 .. 0 Proposed Proposed a. u AccompL Type: ~ AccompL Type: . u f---m- ------ - c( Underway Underway Complete Complete Pro Dosed Outcome Performance Measure Actual Outcome 74 units improved 148 Rehab; Multi-Unit Residential 570.202 "" i Matrix Codes , . . --. . . .. .. ... Matrix Codes . Matrix Codes ~ - - -. ----_.~ ~---- --oo ---- _.._~--- ..._- -. --- --.-.- ---_._~._.- -.---- ._--_._~.- --oo~---. ---- Matrix Codes . Matrix Codes .1 - ---- ----- ---_.__._-oo.~-- ,....--- -.-- - --.-- ---- ----. - --..--- ...-.. .. c.-.J ... CDBG . ProDosed I!.mt. 60B,575.00 Fund Source: . ProDosed Amt. - -.-._--oo - -- ------ .. Actual Amount Actual Amount III ProDosed Amt. Proposed Amt. CII Fund Source: . Fund Source: . > .. .. ------ Actual Amount - -- Actual Amount E Proposed Units Proposed Units ~ 10 Housing Units . 74 Accompl. Type: . Cl ....--- Actual Units - Actual Units e AccompL Type: . Proposed Units Accompl. Type: . Pronosed Units a. --- ---.-------- ~ Actual Units ---- Actual Units CPMP Version 2 0 Grantee Name: Collier County Project (2) 1 CPMP CPMP Version 2 0 BB ;~ ,~ Grantee Name: Collier County Proiect Name: I EASF Hatcher's Preserve Description: I IDIS Prolect #: lco07-03 IUOG Code: IF1129021 Collier Countv Installation of housing infrastructure for new homeownershlp to indude paving, street 1i9hting, and landscaping. Location: Northwest Immokalee near Westclox and Roy Road. Expected ComDletion Oate: (09/30/2008) - Ebjectlve category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Affordablllty o Sustainability l/l ... _c Gl Gl > E .!.c , l/l u:: Gl a. '0' E .. 0 Q. u u <l: 10 Housing Units AccompL Type: AccompL Type: Proposed Outcome Construction of 15 new housing units 03K Street Improvements S70.201(c) , .. . Matrix Codes ......_ ___m.. Matrix Codes Select one: Priority Need Cate"ol'V [~wner -~~c~Pied HO~Si~~- - -;l -------"-------------"--_._--------~---------------~--~ Explanation: This project will provide infrastructure to support 15 new owner occupied housing units. Specific Oblectlves Increase the availability of affordable owner housing 1--.. . ... - - -.. ..... . ...... . . -.. 2. I~~~~~_~~c:~~__~~~_~~~~~~~_ ?_~~:~_~ous.i.~.~ d _ "J "J 3 ~~?~~_~c~e~s _to_~t=fo~?able owner housingfor~i~ori~~~ ~ Proposed Underway Complete .. ! Proposed .--------! Underway Complete " Proposed Underway Complete " Proposed Underway Complete Actual Outcome 15 AccompL Type: ... I Proposed Underway Complete .. Proposed Underway Complete Performance Measure Accompl. Type: AccompL Type: ;- ...; Matrix Codes -----" " -- -- _ __ _ .. : r_~atrix C?_d~s ... I Matrix Codes - -.. " .---- ---- " ... CDBG " Proposed Amt. 59001.00 Fund Source: " e... --. -- -- .. Actual Amount III Pro Dosed I!.mt. Gl Fund Source: " Fund Source: " >- - -- - Actual Amount . -... ----- E III 10 Housing Units " Proposed Units 15 AccompL Type: " .. l:ll . ---- Actual Units ~--~ - -- 0 ProDosed Units .. Accompl. Type: " AccompL Type: " Q. Actual Units ...-.-- Project (3) Proposed Amt. Actual Amount PrDDosed Amt. Actual Amount Proposed Units Actual Units Pro nosed Units Actual Units 1 CPMP BB 4 J CPMP Version 2 0 Grantee Name: Collier County Proiect Name: IYouth Haven Carina for Families Description: I 11015 Proiect #: IC007-04 .... IUOG Code: IFL129021 Collier County Crisis intervention and prevehtion services for at-risk families with young children countywide. Location: Countywide; including greater Naples and lmmokalee Select one: Prlorltv Need Cateaorv . l~~b;~~.~~~~es~~-___ - _ __~_________~ ExDected Comnletlon Date: 10/01/2008\ uOlectlve\:ategory o Decent Housing o Suitable Uvlng Environment o Economic Opportunity Explanation: This publiC service activity will prOVide prevention services for at risk families with young children and crisis intervention services for families and children in need. Outcome Categories o Availability/Accessibility o Affordabllity o Sustainability SDeclflc Oblectlves 1.~.~~~~~~-~-~= _~~!_c.:_~_f~~ lo,^:(mo~._i~c~m_=_p~~~~~_~ 01 Peopie ... Proposed Underway Complete . Pro Dosed - .~ Underway ComDlete 240 -- -- -- Accompl. Type: . Proposed n____ -- Underway Complete Accompl. Type: . Proposed ---- -------- Underway Complete Accompl. Type: . Proposed ---- Underway Complete - .1 .r '--" .1 .~ 2 3 Ul .... _ C Q/ Q/ > E .!!.c I Ul .....- u- Q/ a. '0' E .. 0 Q. u u c( Accompl. Type: Accompl. Type: ... Proposed ~ Underway Complete Performance Measure Actual Outcome Pro Dosed Outcome OSL Child Care Services 570.201(e) Matrix Codes ... ! - Matrix Codes ----" . ... i Matrix Codes -----.J ._ .1 , .----" H "'j ... Matrix Codes . Matrix Codes . Fund Source: . Proposed Amt. Actual Amount . ProDosed Amt. Actual Amount ... CDBG .. " CU Fund Source: > .--.---- E ~ 01 People 01 i.. ..-- ..-- e Q. iAccompl._Type~_ . . Proposed Amt. Actual Amount .. Proposed Amt. -~ Actual Amount $100,000 Fund Source: C" ... Proposed Units Actual Units ProDosed Units Actual Units 240 Accompl. Type: ... Proposed Units Actual Units AccompL Type: . Pro Dosed Units . -- -- Actual Units Project (4) 1 CPMP Ba ,~ .~ Grantee Name: Collier County CPMP Version 2 0 Project Name: Iproaram Administration and Fair Housina Description: I IDIS Proiect #: ICD-07-0S IUOG Code: IFL129021 Collie Countv Administration and implementation of the COSG program and provision of fair housing activities Select one: Priority Need CateaDrv [_~~~~I-n:~/~~~i~~;~t;ati~~ -~_-~ __________ ~_. _ __~~__ ,,1 Location: CountyWide Expected Completion Date: (mm/dd/vyvy) . UDJeCllve Category o Decent Housing o Suitable Uving Environment o Economic Opportunity Explanation: Planning, administration and implementation of all CDBG activities including fair housing. Specific Oblectlves Outcome Categories o Availability/Accessibility o Affordability o Sustalnability 1- 2c- .-. - - . .J 3 ~--~--~- - .-- --.. - . ---------' . -------' Accompl. Type: . Proposed Accamp!. Type: Underway Complete .. Proposed AccompL Type: Underway Complete ... Proposed Accompl. Type: Underway Complete Performance Measure ... Proposed -- Underway Complete . .~ Proposed Underway Complete ... Proposed U nderwav Complete Actual Outcome Accamp!. Type: -- -- Ul ... _ C Gl Gl > E ~.c I Ul 1J= Gl a. '0' E .. a ~u u < Accamp!. Type: ... Prooosed Outcome 21A General ProgramAd~j~~_~~~_ati?_n 570.206 _ _ .. J Mat~ix Codes }_1_~ Fa~:_~~~ng Activiti~~__(su~~ct ~~_200~o_ ~~l12!~ caP2__~!O.20~ ~Matri~ C?des m Matrix Codes ... ! . Matrix Codes _ ____ ..----' ...... . m _ . . m------' . - . --.- .------' . ..--------> ... COBG . Pro Dosed Amt. $441,894 Fund Source: . .. Actual Amount ----- .. " Proposed Amt. Gl Fund Source: . Fund Source: . > Actual Amount ---- E Pro nosed Units " Accamp!. Type: . Accamp!. Type: . .. ------- l:ll Actual Units 0 Pronosed Units .. Accamp!. Type: . Accamp!. Type: . ~ u _ - Actual Units -. Pro nosed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units Project (5) 1 CPMP 8B J , , Grantee Name: Collier County CPMP Version 2 0 Project Name: Eden Gardens Fire Sorinkler Svstem Description: IIDI5 Protect #: IHM07-01 IUOG Code: IF1129021 Collier Countv Installation of a fire sprinkler system in the 51 unit, farm worker rental phase of Eden Gardens. Location: Westciox Road, Immokalee Exnected Completion Date: (06/31/2008) Objective Category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Affordability o Sustainability 10 Housing Units Ul ... _ C GI GI > E .!!.c ':".!! -- u- GI a. '0' E .. a lI. u u 01: Accompl. Type: Accompl. Type: Pro Dosed Outcome Construction of 51 new rental units Prlorltv Need Cateaorv Select one: r---m "-....- ~:~~~_~~USi~~_,_...._____ ____3 Explanation: Install fire sprinkler system in new, rental housing construction to benefit 51 units. This activity will use both CHDO set-aside of $105,000 and regular HOME funding. 5Declfic Objectives 1: Increase the suppl~.?f affordable .~:~~al housing 2 ,~mprove the quality afaffordable rental ho~sing ..... .. ... ..----' ..... ----' ---~ 3~- ..... , Proposed 51 Underway Complete ... i Proposed ---' Underway Complete ... Proposed Underway Complete Performance Measure ..... Proposed -- Underway Complete ..... Proposed Underway Complete Accompl. Type: - -- Accompl. Type: Accompl. Type: ... Proposed Underway Complete Actual Outcome ~ Matrix Codes __... J ~atr!_x Cod~~__ - .....' -----" Matrix Codes 12 Construction of Housing 570.201(m) . .. ----- ..... Matrix Codes ---~ Matrix Codes .....' .__.--=-.J .. HOME ..... Pro Dosed Amt. 1$14S,OOO Fund Source: '..... Proposed Amt. _.-------- Actual Amount -- -- - I!.ctual Amount .. III Proposed Amt. $105,000 Proposed I!.mt. GI HOME ..... Fund Source: ..... > -- -- Actual Amount '____n_.'---- Actual Amount E III 10 Housing Units ..... Proposed Units 51 Accompl. Type: ..... Pronosed Units .. . .---- ---- .------- 01 Actual Units Actual Units e AccompL Type: ..... Proposed Units Accompl. Type: ..... ProDosed Units lI. - - Actual Units ---- Actual Units Project (6) 1 CPMP BBI CPMP Version 1 0 Grantee Name: Collier County Protect Name: ITenant Based Rental Assistance (TBRA) Description: I 11015 Protect #: HM07-02 IUOG Code: IFL129021 Collier Countv Provide Tenant Based Rental Assistance through the Collier County Housing Authority to very-lOW Income and special needs individuals and families. Select one: PriOrity Need Cateaorv [~ental ~-~.u~~~g - - ,," -~ 3 -~----------~---------_._-- . Location: CountyWide EXDected Completion Date: 12/1/2008 - ;?bjeCtlve category @ Oecent Housing o Suitable Living Environment o Economic Opportunity Explanation: This project will provide rental assistance to very low, and special needs individuals and families to prevent homelessness. 5Declfic Oblectives Outcome Categories o Availability/Accessibility o Affordabllity o Sustainability 1 ~~~p~o~~_ ac:e~s _t? aff?_~~,a,~.le r_:_n~a~__~~~,~in~_ _ , 2. .- -~ ..... 3c- ..... AccompL Type: ----' .. Proposed Underway Complete Performance Measure AccompL Type: .. Proposed -- Underway Complete ..... Proposed - - Underway Complete ... Proposed ------- - Underway Complete Actual Outcome III .... _ C CII CII > E ~.c I III ~= ClIO. .... E 2 0 ll. U U <( ...... Proposed Underway Complete , Proposed Underway ComDlete 25 AccompL Type: 04 Households ...... Accompl. Type: AccompL Type: Pro Dosed Outcome 31F Tenant based rental assistance , .- . Matrix Codes , - - -- ... Matrix Codes .....' - ..... -- -- Matrix Codes _. ._ m d~ ... HOME ..... ProDosed Amt. '--'-'- Actual Amount .. III Pro Dosed Amt. CII Fund Source: ..... > ------- ------- -- Actual Amount E e 04 Households ..... Proposed Units c:n ---- - ------" .- Actual Units 2 AccompL Type: ..... Pro Dosed Units ll. Actual Units ..... ----.- $300,000 Matrix Codes .....: _____----.J Matrix Codes ..___ ___u_ Fund Source: ... Proposed Amt. --- ---- -.~ Actual Amount Fund Source: .. Proposed Amt. - --- - . - Actual Amount 2S Accompl. Type: ..... Proposed Units ---- Actual Units AccompL Type: ..... Proposed Units -- Actual Units Project (7) 1 CPMP BB j j Grantee Name: Collier County CPM? Version 2.0 Prolect Name: ISinale Familv Housina Rehabilitation Description: I IIDIS Prolect #: IHM07-03 IUOG Code: I FL129021 Collier County Owner occupied, single family rehabilitation assistance Select one: prlorltv Need Cat....orv ~wn~r occ~~ied H-~~~ing_~__~~:~'~~_3 Location: Countywide Expected Completion Date: mm/dd/vvyv) . aDjective category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Explanation: HOME rehab assistance will leverage SHIP, CDBG and other funds to assist very low and low income homeowners. Outcome Categories o Availability/Accessibility o Affordabillty [2] Sustalnabllity 5Declflc Oblectives 1 ' ~mprove ~~ q.~_~lity of o~~er housing u~ 2 .... .- .... 10 Housing Units 3 .... ProDosed - Underway Complete 8 Accompl. Type: Accompl. Type: .. Proposed Underway Complete ... Proposed Underway Complete .. , Proposed ~ Underway Complete Actual Outcome Ul .. _ C Qj Qj > E .!!.c t~ Qj Cl. '0' E :- 0 ~ U u <C Accompl. Type: .. Proposed - Underway Complete .. Proposed - Underway Complete Performance Measure Accompl. Type: Accompl. Type: Pro Dosed Outcome 8 units brought from substandard to standard 14A Rehab; Single-Unit Residential 570.202 .... . ..: Matrix Codes .. -.. .. Matrix Codes n _~_ ._~ _~atr~~_Code~ _________." .... .~ ....1 -.J Matrix Codes c Matrix Codes . __un. .__ .__ -..... Pro Dosed Amt. Actual Amount Proposed Amt. Actual Amount Pro Dosed Units Actual Units Proposed Units I!.ctual Units .. HOME .... 1 -- - .. " Qj Fund Source: .... >- .------~ E " 10 Housing Units .... .. Cl ..- --- 0 .. Accompl. Type: .... i:l. -- - $68 017 Fund Source: .... ------ ---- Fund Source: .... -- 8 Accompl. Type: .... - Accompl. Type: .... - _ .-'. ___ Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units ProDosed Units Actual Units .... --.-----------' Project (8) 1 CPMP CPMP Version 2 0 Grantee Name: Collier County Proiect Name: IHOME Administration Description: I IIDIS Proiect #: I HM07-04 Administration and implementation of the HOME program 88 IUOG Code: IFL129021 Collier County Location: Countywide Priority Need Cateoorv [p~~~ing/Adm!~i~!~~~~._-_ ___'___._ Select one: Explanation: Implementation and administration of the HOME program. Expected Completion Date: mm/dd/vyyy) - OOlectlve category o Oecent Housing o Suitable Uvlng Environment o Economic Opportunity Specific Ob;ectlves Outcome Categories o Availability/Accessibility o Affordability o Sustainability 1 2 .~. - .. ...- - - - 3~-- !/l .... - C QI QI > E .!!.c I !/l 'tJ= QI a. .... E 2 0 ~ u u <C Accompl. Type: ~ Proposed Underway Complete ... Pro Dosed Underway Complete ... ' Proposed Underway Complete Performance Measure AccompL Type: AccompL Type: AccompL Type: AccompL Type: AccompL Type: Proposed Outcome 21H HOME Admin/Planning Costs of P] (subject to 5% cap . .. .... .. ... 1- Matrix Codes ~_a~~~ Cod=-____ _ ____u _____ _ _ _ _____ __ ______nM __ _,.. _ _____ ... J _t:1_~~!~_~od~~_. Ma~_i~~?des_,.____ _ _ ___ ___ ____ __ _____ ... ________ __ __ ~ I_~at.r~_~_ C~?!S ... HOME ... Proposed Amt. $68,668 Fund Source: ... _.n___.. ------ Actual Amount -- .. III Proposed Amt. QI Fund Source: ... Fund Source: ... > .. Actual Amount E f! Accompl. Type: ... Proposed Units Accompl. Type: ... c:n .~._-- Actual Units ---- - 0 .. Accompl. Type: ... Proposed Units AccompL Type: ... ~ __ ___.----J H.~ Actual Units Project (9) 1 ... Proposed Underway Complete ... Proposed Underway Comnlete ~ Proposed Underway Complete Actual Outcome Proposed Amt. Actual Amount Proposed Amt. Actual Amount Pronosed Units Actual Units ProDosed Units Actual Units --3 ...~ -~ - ~~ ... . ...' _--__I ~ CPMP , BB CPMP Version 2 0 Grantee Name: Collier County Prolect Name: rlmmokalee Friendship House Pescrlptlon: I 11P15 Project #: IES 07-01 UOG Code: IFL129021 Collier Countv Operation and maintenance of Immokalee Friendship House and the provision of services to homeless individuals and families. Select one: Prlorltv Need Category . G~rT1:,ess/~I~~I~_~ ~_~________ _ :3 Location: IFH, Immokalee, Florida EXDected Comoletion Pate: 09/30/2008) ODjective category o Oecent Housing o Suitable Uving Environment o Economic Opportunity Explanation: Implementation of of the Emergency Shelter Grant through supporting the operation and maintenance of the IFH facility and providing direct services to the homeless. Outcome Categories o Availability/Accessibility o Affordability o Sustainability SDeciflc Objectives Improve the services for low/mod income persons 1 ...... -.--.-. .-_..- .......-. 2,. 3 - . -- ~ .J ~.J Accompl. Type: ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed .~ Underway Complete Actual Outcome Accompl. Type: .... Proposed . ~ Underway Complete ~ Proposed Underway Complete . Proposed Underway Complete Performance Measure 150 Accompl. Type: 01 People I . --. . III oW _ C GI GI > E .!.c I III 'ti= Gle. '0' E ... 0 ll. u u c( Accompl. Type: --- - Accompl. Type:_ _ ProDosed Outcome Matrix Codes . . "'i Matrix Codes .1 . ... -- .. . . -~ Matrix Codes . Matrix Codes .1 - .--.- Matrix Codes .~ Matrix Codes . - --," -.-- .- -.- ... ESG . Proposed Amt. $98,012 Fund Source: . Proposed Amt. -- ---------- Actual Amount Actual Amount ... III Proposed Amt. Proposed Amt. GI Fund Source: . Fund Source: . >- -- -------- Actual Amount - - - Actual Amount E f! 01 Peopie . Proposed Units 150 Accompl. Type: . ProDosed Units ~ Actual Units - ---..-- - -------- Actual Units 0 Pro Dosed Units ... Accompl. Type: . Accompl. Type: . Proposed Units ll. ---------- Actual Units ....mm Actual Units Project (10) 1 CPMP , 8 B 1 CPMP Version 2 0 Grantee Name: Collier County Proiect Name: INanles Carver/River Park Improvements Description: I IIDIS PrDject #: lcoo7-o6 IUOG Code: IFLl29021 Collier Countv Infrastructure improvements In the Carver/River Park neighborhood in the City of Naples. Location: 5th Avenue North and lOth Street, Naples . Prlorllv Need Cateaorv , Other Select one: -, ... Expected Completion Date: (mm/dd/yyyy) r- Objective category o Decent Housing @ Suitable Living Environment o Economic Opportunity Explanation: City will implement recommendations from the Carver/River Park Master Plan which will include neighbhorhood infrastructure improvements and assistance with the development of a new Fun Time Child Development Center. Outcome Categories o Availability/Accessibility o Affordability o Sustainability Sneclflc Objectives 1 Improve quality / increase quantity of neighborhood facilities for low-income persons ... l, c_.. 2 Improve quality / increase quantity of public improvements for lower income persons ....J 3 ....' . ! Ul ... _ C III III > E .!!.c I Ul 'ti= 1Ilc' '0' E .. 0 l1. U U Cl: AccompL Type: AccompL Type: ... Proposed Underway Complete .... Proposed Underway Complete .... Proposed Underway Complete Actual Outcome 11 Public Facilities ..., Proposed Underway Complete ... Proposed Underway Complete AccompL Type: AccompL Type: ... Proposed Underway Complete Performance Measure AccompL Type: ProDased Outcome 03 Public FaCilities and Improvements (General) 570.201(c) , Matrix Codes , Matrix Codes ... Matrix Codes ., ... Matrix Codes , ...i .. : .... "'J Matrix Codes .... Fund Source: .... I Proposed Amt. ___J Actual Amount ... Proposed Amt. Actual Amount ... Proposed Units Actual Units ... : Proposed Units _____J Actual Units ... CDBG .... Proposed Amt. 115,849 .. Actual Amount III Proposed Amt. III Fund Source: .... > -. Actual Amount E III AccompL Type: .... Proposed Units .. CI Actual Units 0 .. AccompL Type: .... Proposed Units 0. Actual Units Fund Source: Accompl. Type: Accompl. Type: Project (11) 1 CPMP , sa Grantee Name: Collier County Project Name: lMarco Sidewalk Imorovements Description: T TIDIS Project #: TCD07-07 IUOG Code: TFL129021 Collier Installation of a sidewalk along Marco Lake Drive in the Marco Highlands Subdivision. CPMP Version 2 0 Location: Marco Lake Drive between 1st and 6th Avenues .prlorltv Need CateoDry I ........ ... ........ j Infrastructure . .:! Select one: Expected Completion Date: (mm/dd/YYYv) .- OblectlveCategory o Decent Housing @ suitable Living Environment o Economic Opportunity Explanation: Installation of a sidewalk along Marco Lake Drive Outcome CategorieS o Availability/Accessibility o Affordability [] sustainability 1, Improve quality / Increase quantity of public improvements for lower Income persons ..., " . --.' -~\ SpecifiC Objectives 2, ...' 3, Accompl. Type: .. Proposed - Underway Complete .. Proposed .- Underway Complete ... Proposed Underway Complete Actual outcome 11 Public Facilities ... Proposed 1 Underway Complete Accompl. Type: '" ... _ C Gl Gl > E ~.c I '" u= Gl c. '0' E ... 0 ~ u u "" Accompl. Type: ... Proposed Underway Complete .. Proposed Underwav ComDlete PerformanCe Measure Accompl. Type: Accompl. Type: Pro Dosed outcome Construct sidewalk ,03L Sidewalks 570.201(c) MatriX Codes , I MatriX Codes .... MatriX Codes .., ..", Matrix Codes , .. Matrix Codes ... ... ... Accompl. Type: ... Proposed I!.mt. . - Actual Amount ... Proposed Amt. ---,--- Actual Amount ... prooosed Units --- Actual Units .." Proposed Units Actual Units ... CDBG ...' Proposed Amt. ---- ' ... Actual Amount III Proposed Amt. Gl Fund Source: ... > - Actual Amount E III Accompl. Type: ... Proposed Units ... Cl -,--- Actual Units 0 ... Accompl. Type: ... Proposed Units ~ - Actual Units $7S,336 Fund Source: Fund Source: Accompl. Type: CPMP Project (12) 1 t 8B 7. Certifications ~8B CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104{d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug by: 1. Free Workplace -- It will or will continue to provide a drug-free workplace Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; B8 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requiremerlts of the Rehabilitation Act of 1973, as amended; or ~b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by d Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 ;Jgreement; 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, it ItJill complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti- lobbying cer:ification 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 accordinqly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which I t is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 Act 0 f 1 It will comply with section 3 of the Housing and Urban Development implementing regulations at 24 eFR Part 135. 7 Approv ~:--~{~O~TTEST: DW1GHT E. BReCK, ClE~ ~,~ \. ole- ~\~l Dc \ Deputy C1 erk , Attest!S toOl4lrwa . slgnatuN OIll, Ba Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short- term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See eFR 24 570.2 and eFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with COBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of COBG funds including section 108 guaranteed loans during program year(s), (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if COBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with COBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than COBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with COBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than COBG funds if the jurisdiction certifies that it lacks COBG funds to cover the assessment. BB I f Excess~ve Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-vio~ent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 use 2000d), the Fair Housing Act (42 use 3601-3619) I and implementing regulations. Lead-Based Paint the requirements of Its activities concerning lead-based paint 24 CFR Part 35, subparts A, S, J, K and R; will comply with Compliance with Laws -- It will comply with applicable laws. -1f ~~LtJl ,Jam Sig Appro " & I .ency :A ~ i ~:::<.. ......, ".f ...,'" I'V"i ,"i' ~, ~~ ~',)(''''' tL [. t<:~ ,~~~~)~U~ Attest as to Ch41rsan ., s19nat!J"'~ onl- . Chairman Title Jeffrey sistant County Attorney BB / -I Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 eFR 5 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 5 92.214. Appropriate Financial Assistance -- before committing any funds to a proiect, it will eVal\late the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other '''~::iiil "'...c....'~/:~;'~:" c, ".c."" ",,,.,,,. James Coletta Date Signature/Authorized Official Chairman ---~ Approved Ideney ATTEST: DlliGHJE. BROCK. CLERK .~... ~~~~ ~~~~\ h~ Attest. toChlfl"llU . S1gn4t~ onl- Title Jeffrey A. istant County Attorney BB .~ ESG Certifications The Emergency Shelter Grantee certifies that: Major rehabilitation/conversion - It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for rehabilitation (other than major rehabilitation or conversion), the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services and Operating Costs - Where assistance involves essential services or maintenance, operation, insurance, utilities and furnishings, it will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation - Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services - :::t will assist homeless individuals in obtaining appropriate supportive services, i.Dcluding permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent _ivinq, and other Federal State, local, and private assistance. Matching Funds - It will obtain matching amounts required under 24 CFR 576.51. Confidentiality - It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence preventio~ or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement - To the maximum extent practicable, it will involve, 'through employment, volunteer services, '~r otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Consolidated Plan - It is following a current HUD-approved Consolidated Plan or CHAS. Discharge Policy - It ~as established a policy for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order ~o prevent such discharge from immediately resulting in homelessness for such persons. HMIS - It will comply with HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client-level information. ,d.7! 4i ~~4(o( Da e AII~: f.~T : D\i.:GriT E. BRQCK, CLERk ~.\lL~fbl^,,~ ~ ~p~ty C1erk Attest. as to Chtlnl4ft , s 1 gn Iture- 011 h Chairman Approv a fficiency Jeffrey A. atzko Assistant County Attorney 88 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification 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. B. Drug-Free Wo~kplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: BB I Place of Performance (Street address, city, 3301 Tamiami Trail East Naples, 3050 North Horseshoe Drive Naples, county, state, zip Collier County, FL Collier County, FL code) 34112 and 34104 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurernent Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 O.S.C. 812) and as further defined by regulation (21 CrR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces) . 8 B j 1 8. Appendix RESOLUTION NO. 2007-~ Ba .~f A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A FISCAL YEAR 2007-2008 ONE-YEAR ACTION PLAN FOR $3,199.263 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD, AUTHORIZING TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESO) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY2006-2010 was adopted by the Board of County Commissioners on April 25, 2006, following tbe Collier County Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the FY2007-2008 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: L The Board of County Commissioners of Collier County approves the FY2007- 2008 One-Year Action Plan for the CDBG, HOME, ADDI and ESO Programs, which is attached and incorporated herein by reference, and authorizes the Housing and Hnman Services Department to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, ADDl and ESG programs. Page I of2 88 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts estimated for each activity to be funded by the CDBG, HOME, ADOl and ESG Programs. A copy of the proposed projects. funding and beneficiaries is included in the Executive Summary and incorporated by reference. Accordingly, the individual Activity's Subrecipient Agreement for all CDBG. HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Chairman of the Board of County Commissioners is authorized to execute the CDBG. HOME. and ESG Subrecipient Agreements to implement each such Activity, so long as: I) each such Subrecipient Agreement conforms to the format of the attached blank forms in the Appendix. adopted and incorporated by reference, and 2) the dollar amount of each Activity and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One- Year Action Plan, referenced above. Should it be necessary to amend any of these Snbrecipient Agreements, such amendment will be brought to the Board for review and approvaL 4. SEVERABILITY. If any section. sentence. clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity ufthe remaining portions oftms Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this J <-I ~ day of April 2007, after motion, second and majority vote favoring same. ATTES~'.. "C Dwight E Brock.:~~k BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B.Ai4~~ y. / J ES COLETTA. Chatrman . .~. .-, r. <; \ ~g&~i6~LI OC - At'..':. ,i. ,Deputy Clerk t.sr '$ Co Cha1raan , S 11)nJtUt'f' 0.11 ~ App ved to jTI and a f - jlaTe Q! f IDHWA :au;.j:y d Pagc2of2 I Hc"m'(e~R:rIR'fmM'.lhIS Is a lrueand 8(';:om:;J~ct.;f;"~' Jr; a \!c::1H,~';1~}o;1 ~~I'~ III car f'n'oiHi"';J """1j .;,,;_;,-:;..: ,'... . WIT"'J!;':,s' :~ -,~,' "_"'~'-H+.;-O! \"-'lHiJ( Count) ~r.fr'-".,.ml r~ iJ,::r Q:(~i;,J; ;..c-.:.I litis ~"'d41of.. n ~'1 ~".,-: L~~SRQ~Clg~1( OF COURTS . / . ft;:,(C( D.C.. ~' -~ " "', County Attomey J effre A. Klatzk Mana ng Assist 18B COLLIER COUNTY HOUSING AND GRANTS SECTION FEDERAL GRANTS: APPLICATION, EVALUATION, & AWARD PROCESS 2007-2008 PROGRAM YEAR Date Action Steos October 16.31,2006 Staff Updates Application; Application Available Online and via Email11/1/2006 October M December 8, 2006 Technical Assistance Workshops and One-on.One Counseling Available November 13, 2006 2800 N. Horseshoe Dr Grant Application Workshop 2:00 p.m. November 14, 2006 Horizon Village/Rose Ave Grant Application Workshop 2:00 p.m. December 13, 2006 Grant Applications Due December 13. 2006 ~ January 12, 2007 Staff Review, Evaluation, and Preliminary Scoring of Grant Applications January 15-31, 2007 Preliminary Scoring Notification and Cure Period February 2007 Announce Final Scoring and Ranking of Grant Applications Merch 8, 2007 Draft One-Year Action Plan and Proposed Projects Presented to Affordable Housing Commission March & Aprll 2007 3D-day Public Comment on Draft One-Year Action Plan April 24. 2007 One-Year Action Plan Public Hearing at BCC meeting Early May 2007 Submit Adopted One-Year Action Plan to HUD July 1. 2007 One-Year Action Plan approved by HUD; Fiscal Year Begins August..september 2007 Contracts Completed/Funding Available June 30, 2008 2007~20D8 Program Year Ends ~ 'iij ::I o :I: "'C C g- c::l..c t~-o &.68 %'3:N \I) c r~; 11I.2 _ ~ ~ to +=u" c::l=-c to c.. E " c.. " c..< > o +- 0 l:'aZ c to ::I~ o \J to " '- '0 \J tu w :I: \I) Z H Z ~ H \I) ~~ ci '" 1/'\ '~}~ 'Ii ~ ,", ;;1 d v '.:::J ,j 0 ~ '" ~"l ~ ," 1>0 ...- Ii '-, '~ \ '.., '-, ~ b><J '" "-.:1 ~ -1 ~ Ij "8 <:. .....J.. 00 E w ~ ?6 ..... - ] ~ Q.. J . 1 ~i < ~ () If) ~ c o ~ ~ .~ a ~ ~ o , . ~ .> ,( ~,;': '(;: '--': ~. ~ ~ ~ ~~~ -l ~ .,. '" "t \ '" .;.. '" ~ M tV <::) ~ ~ ~ ~ _S:- ~ '>:... ~ -" '''<'-\ ~ It'- :::::r- ~ " E c::l Z , ~ \-lI 9:: ~ ~ \~.,; :::-. -.... \-- "" It 'Ii -" <:l r- ~ ""(" \.I') N <; 'v, l::\ -e ~ '" ~ .j - -\ I) (:J . ~ .. < \j '-- -J . J ,~ ~.--:- J~"" J,,- T .. {' .. _. ,-.J \. I~ 'l \.. .::s. " \ .J ~ ;" ? \ ~ '\ < ~ '" ,\1 , 1- ~ ~ -p~ ~ ~ .~ ...) ... , " 0 ~ '" I ~~Jd->i '':;:' 88 ....- ~ IL :;:s ~" - '" ~ ~ ..:S-:.:: ~- , ~ tl;rl~ '" "'" 0~ .'? .e Q/ ~ '0 '- i ~ ~ _L .~ E ~ ;~ w C ~ -:. < ,. \ '"'" ~ t <>.l X ~ c:I LL ~ rI "" ...... "- \\I r< l'I) c IV"I 0 I .s:: c- eo Q.. I,t) \J) 0'\ ~ ~ .E III ~ ::I ~ 0 :::r: " c 0.. J-izVi c:I 0 .s:: III t~", III Ul o r.. 8 I- \\I ~... "Cl ~ 0..0 r.. g- ~ N W " W " Vl~\,[ II') c '=t' :::r: '<( ~.2 - II') 0 z ... o of- r.. " '- c:I \\I of- U I-f c:I ::: .0 Z r.. 0.. E \\I 0.. \\I ~ 0.. '<( > I-f o of- 0 II') >-cz <1 of- c:I C c r.. ::I~ 0 ~ ~ c:I r.. N \\I 's: \L '- c:I - 0'\ V> ~ r.. ~ 0 ~ .:> ~ -<1 'll , ... ~ .J' \...... S \\I '" E I~ c:I Z J. PUBLIC NQTICE p LIe NOTIGe EQUALHOUsINQ OP.PORTlSHt.T~Y' . I COLLIER COUNl:v; FLORiDA HUn One-Year Action Plan Citizen Participation -";q91~$)$Q~;J$'_:deyeI9pj~~{?ne Year A(;tion PJanwhich outlines expendittir.es,oftederal fW1~S-f()l' activiti~s that \vill pe co~<iuct~d ig;the2p'(17~ 'i 2liijli't~iillytlit'ba$~don tp.~ 5-Year Consolidated Plan (Con PbJI). The Board of County Commissioners adopted aneW 5-Yearcon.'olJ<lljte!l P:l~'_irrAPnf~G~'to'guide housing and non-housing community d~velopment a(,,1ivities. [he goals of the Consolidated Plan'M-~ io provide:d~ce~t 11011sirig;.,:~,suftallle livirig e!ivironrnent, and expaltd economic oppormnities for very low, low and moderate. income person:;. :.,': ","', il1i~~~I~e:an anOcatidnQl; approximately $2,270,000 ill Community Development Block drant(CD~G)funC!s Eligible activities il1Clude;but are n~Hrp.~~ t{);i~qui~i.tjon 9freaipropeny, .~Ol1structlon',rehabilitatioll orinsraJlatio~ ofpublictacHities. cl~8;~ceJdemolrti()Jl.:_andprovisioft'p{pl)~liq setVil;;~~"accordarice, witti24 CFR* 570. Approximately lOO% of the, al location will benefit low anf.i m()dW"~te-income persons, .-..... " , , :<",-\:, ',', ' "li>~~~\Villp.}~~lo'Wion.pfapproximateIY $703,509 in HOME finds to e*pandthesupplyofdeeent, Mfordable housing for low anC! verylow- ine~~:'rdn1ufe$, ,_.HOME funds must be lIsed for. housing. program:;. Etigible,activitie.s incl~(de,housjng,',CIi)nstruction, rehabifitati~n, tenant-based rei1tatassiStarJ,ce, 3l1ddown payment ass;_stance., Appr,mdmately lO(J% of the total allocation wiH,'benefit low andvery~io\'v' income persons. '~~rewmbe f.tO allocationofapproximJlely $14,000 in Americ:lI1 Dream Downpaymentlnitiative lADDI) funds to assist lo\",'~income families with ,~~~~,~.d 9IosJngco~ts. ADD! :imds must be used to a:;sist those rhat have annual incomes. ofles"! than eighty percent (80%) of area median .~~e.':n;epFOgram is speCifiqally targeted to11rst~time homehuy('!s and minority group::;. Approximately [00% of the total allocation wilt beneflt U)W(,apd -modet;!ikte;.income persons. The.rewilfbe an allocationoI approximately' $98,000 in E..'1lergen.,;y Shel.ter Grant(ESO) funds. 10 J.ssist the homeless through the l~perltion of Cttlergencyshelters and provision ofesscntiaJ sodal3ervices.and for homde::;s prevention J.ctivitie~. Potential acti\'ltic~, include Emergency Shelter r~~ili~tion-~d;rertovatiQl1,essential~',crvkestO homeless tamilit's and individuals, jhelter operational costs; '\nd homdc~s prev'~ntion. activities. _Approxi~atelY 190% ot'the total allocation ""ill beneht hor:lel~:;s in.dividualsand families, TheP"o/pos~dOn~;Year Action Plan t11r _2007,.2008 indudcsthe fo!kl\\ing activin.:s' I. Habitat fbr Hurnanity Kiacasa Infraslnlctl:.rc lmmokalee Non-Profit Housin;l Reh;lbilitarion Empowerment Alliance Hatcher's Pr:::sen'(': Infi:astrllctup~ ; (YouthH.~ven Caring,'for Fami!j,._,s ~denGardensFire-Sprinkler s,;'item (CH.DO set.asidc/HO;\rlE funds) Housing Authodty Tenant B~13cd Rl.':ntal,hsi:Hall<2l' (TBR:i\ ) Single Family RehabIlitation Ametfc~:Dream Downpayment City of Naples Entitlement City of Marco island Entitlern.::nt 'Emergency Shelter Qrant-fmm\)Kalee Friendship Hous.: ProgtmD Admrnistration and Fair Housing (CDBG) Program Planning and Administration (rfOME) >1.000,000 ~; 608.575 ') uo,oon 5 lUO,UOi) $ 2S0.'JOlJ ') 300JH).) S 6(1.~7.5 S 1-+.000 > l i5.000 S 70,000 $ '-18,11] _ i -$ 54.00U 71l.350 L TOTAL S..l..f ZfL~l.~ I PubJ.icComm~Dt Period There will be a public comment period trom March 9 through April 7,2007 regarding the One Year Action Plan. During this period; the draft Plan, will beavailable for review in the County's public libraries, at the Public Information Desk in the Harmon fumer Building on the: Collier-County Government Main Campus,. in the Housing & HtJmanScrvices Department ~)tfice locatedlt 3050 N. Horseshoe Drive, Suite 1lOand on the CQunty website.. The docllI!lem is available m a format atcess:iblc to persons with disabilities upon request (239...W3-2J3(J). Ail wfitten commenls fro-Ill citizens will be considered in preparing the final OneY~ar Action Plan. Written comments must he received hy 9:IJn a.m. Monday, April 9.~ 2~7: The County win respono to aU written comments-in writing. w~thin 15 days of receipt. I Action Adoption of the 2007-2008 Ac!iDIl Plan i~ sch~duled tor .-\prd ,!.l, 2007 at a r~g111ar met~rirg of the 30ard i)f County ('ommission:ers:. If you require ~pecial aid or 3erviccs as adcb'ess~d in tlw Americans \I,'i~:h Disab!lities Act or require someone to tralls!at~~ or sign, pll:'aSr~ conta..:t the Housing offictJ at (239)403-2330, at least two 12) days prior to the Publk Hearing ,Jate. For adJitidnal informatioil cont;:\ct Su:~an Gotden at (239) 2 i 3-2901 or ~us~~9ltiSl..rgQ},--n~k 88 1 COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION April 6, 2007 Collier County Housing and Human Services 3050 N Horseshoe Drive, Suite 110 Naples, FL 34104 RE: One-year action plan To Whom It May Concern: We certainly recognize the excellent work performed by the local non-profits that are larger, well-established organizations. Larger, more mature organizations have the capacity and experience to write grants that meet the scoring criteria established by the County. Because of their past track record, it is much easier for them to receive other funding. However, the County has established Community Housing Development Organizations to address the critical need for affordable housing in Collier County. These newer, smaller organizations do not have the grant writing capacity .- or finances to hire a grant writer, and must rely on their internal staff, which is limited to one or two paid staff, and some volunteer board members, during the early years of their existence. HOME and CDBG funds should be used to a greater extent to encourage and assist in the development of smaller start up organizations. This will enable -. these organizations to increase their capacity. It is more difficult for the newer CHDO's to secure funding from other sources. Therefore, it is our recommendation that County dollars be spread further than just a few large projects, to the extent reasonably possible under the limitations and priorities placed upon the funds by their originating sources. Thank you for giving us the opportunity to comment. Very truly yours, ~~.I~ -f-O,,-" ,. ~t:::~atterson Executive Director 3050 NORTH HORSESHOE DRIVE, SUITE 115 . NAPLES. FLORIDA 34104 . PHONE: (239) 4342397 . FAX: (239) 430-2387 KPA TTERSON@COLLlERCHDC.ORG Ba COLLIER COUNTY HOUSING AND GRANTS SECTION 2800 N. Horseshoe Drive. Naples, Florida 34104. (239) 403-2330 . Fax (239) 403-2331 April 11, 2007 Ms. Kathy Patterson, Executive Director Collier County Housing Development Corporation 3050 N. Horseshoe Drive Suite 115 Naples, FL 34104 Dear Ms. Patterson, I am in receipt of your April 6, 2007 letter regarding Collier County's One- Year Action Plan for FY 2007-2008. You are correct that many of the older, well established, nonprofits in Collier County have the staff capability and experience to write outstanding grant applications. However, the Housing and Grants section of Collier County Housing and Human Services Department does provide technical assistance throughout the year to small, start up organizations as well as to mature organizations needing specific assistance. Our technical assistance (TA) is available to organizations who have received State or Federal funding through our office as well as those organizations that have applied for funding but have not successfully secured funding through our competitive grant process. As you know, CDBG and HOME funds are to be utilized for a wide range of housing and community development activities that benefit low income neighborhoods. These federal funds are also used to assist small, grassroots organizations develop the capacity to provide much needed services within our low-income neighborhoods. HOME funds do provide for Community Housing Development Organization (CHDO) capacity building and operational support. Collier County has provided HOME funding to each of the three (3) county recognized CHDO's at least once during the first four years of HOME entitlement funding. However, the competition for these shrinking dollars will continue to get more intense in the coming years. Collier County is currently reviewing requests from two (2) organizations who are interested in becoming CHDO certified in Collier County. If both of these organizations are certified as CHDO's in the coming months that will mean that five (5) CHDO's may be competing for one small pool of funding. In addition to the competitive scoring process, our staff must also take into consideration HUD's timeliness test and other deadlines when considering the distribution ofCDBG and HOME funds. Organizations that have a proven track record for completing projects in accordance with their milestones and time lines assist the County in remaining in co o ( -f;~7 co u u y 8B I compliance with HUD regulations. Agencies that are not able to expend funding in a timely manner or have had multiple delays in bringing projects to fruition, jeopardize the County's standing with the federal government which can impact the availability of future funding. As good stewards of the State and Federal funds entrusted to our office, we submit difficult recommendations to the Board of County Commissioners on which entities should receive the limited funding available to the county. We will continue to encourage a wide variety of nonprofit organizations to apply to the Housing and Grants section for some of the State and Federal grant funds available. In the December 2006 through February 2007 grant cycle, we received 21 requests for funding even as the federal resources (CDBG, HOME & ADD!) continue to decline. Our staff will also continue to provide technical assistance (T A) to all types of organizations requesting our help whether it is for grant writing, grant implementation, contract management or other crucial areas. I would encourage your organization and others to avail themselves of the workshops, training and one-on-one assistance that our staff can provide. As you know, the State's Catalyst program also offers a wide variety of technical assistance to nonprofits and local governments. Our office will continue to ensure that the limited State and Federal resources are targeted to a range of affordable housing activities and distributed throughout low income neighborhoods countywide. Thank you for taking the time to share your concerns regarding the One-Year Action Plan. Sincerely, ~~ Susan Golden, AICP Grants Administration Manager 8BI AGREEMENT BETWEEN COLLIER COUNTY AND NAME OF SUBRECIPlENT NAME OF PROJECT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-07-UC-12-0016 THIS AGREEMENT, is entered into this day of , 20_, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "NAME OF SUBRECIPIENT.," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at ADDRESS, Florida 341_, and its Federal Tax Identification number as ,hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title [ of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 25, 2006; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with Resolution 2007- on April 24, 2007, including the use of this standard form Agreement; and NAMb OF SUBRECIPlbN1 NAME OF PROJECT Page 1 of23 B8 ~ WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUB RECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "Housing & Grants" means the Housing & Grants Section of the Housing and Human Services Department of Collier County. (4) "SUB RECIPIENT" means (5) "Housing & Grants Approval" means the written approval of the Housing and Grants Section or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". I!. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Housing & Grants, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. Ill. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-07-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken NAME OF SUB/li,C1PlENl NAME OF PROJECT Page 2 of23 '8B t and completed in light ofthe purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Grants at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) ofthis Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUB RECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Housing & Grants Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing & Grants. No payments will be made until approved by the Housing & Grants Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Housing & Grants in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing & Grants Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and NAME Of SUBRA'C1P1ANF NAME OF PROJECT Page 3 of23 88 made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws, l. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is NAME OF SUBRECIPlENl NAME OF PROJECT Page 4 of23 Ba 1 included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.c. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. Th~se replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-B3 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing & Grants for its review and approval, which NAMt- Of< SUHRt-CIPlt-NT NAME OF PROJECT Page 5 of23 88 will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPlENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUB RECIPIENT or reimbursed by the COUNTY without prior written approval of the Housing & Grants Section or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUB RECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUB RECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Housing & Grants in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Housing & Grants support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Housing & Grants or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUB RECIPIENT, and the COUNTY may withhold any NAME Ur SUBlffiCLPIENl NAME OF PROJECT Page 6 of23 8 Bit payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG NAME Ur SUBREClPIENI NAME OF PROJECT Page 7 of 23 8 B t ~ 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its Officers. Emplovees. and Agents. c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUB RECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Department, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or Housing & Grants. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to Housing & Grants if requested. In any event NAME UF SUBRJ:,CIPIEN1' NAME OF PROJECT Page 8 of 23 B B J..~ the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Grants using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-llO, A-I22, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING & GRANTS, COUNTY, AND HUD REOUIREMENTS Housing & Grants shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Housing & Grants, the COUNTY, or HUD at any time. NAMfo- UF SUBREC/Plfo-Nl NAME OF PROJECT Page 9 of 23 8B F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing & Grants Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1 ,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (t) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Housing & Grants, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing & Grants, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUB RECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to Housing & Grants. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-I33. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to Housing & Grants. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to Housing & Grants, and said plan shall require the prior written approval of the Housing & Grants Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A- NAM80i' SUBRECIPlt.Nl NAME OF PROJECT Page 100f23 88 f 110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship ofrecords. IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNlTlES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNlTlES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the NAME OF SUBRt;GPlnNT NAME OF PROJECT Page II 01'23 88 beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Housing & Grants upon Housing & Grants request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that Housing & Grants will carry out periodic monitoring and evaluation activities as determined necessary by Housing & Grants or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to Housing & Grants, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing & Grants or the COUNTY. The SUBRECIPIENT shall, upon the request of Housing & Grants, submit information and status reports required by Housing & Grants, the COUNTY or HUD on forms approved by Housing & Grants to enable Housing & Grants to evaluate said progress and to allow for completion of reports required of Housing & Grants by HUD. The SUBRECIPIENT shall allow Housing & Grants or HUD to monitor the SUBREC[P[ENT on site. Such site visits may be scheduled or unscheduled as determined by Housing & Grants or HUD. E. CONFLICT OF [NTEREST The SUBREC[PlENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBREC[PIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Housing & Grants provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.[33 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPlENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 70[) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: NAME OF SUBlUCIPlJo.,N1 NAME OF PROJECT Page [2 of23 8B I 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 Coni,lfess in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperati ve Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. x. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance ofthe Contract: 1. Clean Air Act, 41 U.S.c., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as NAME OF SUBRECIPlENT NAME OF PROJECT Page 13 of23 88 j having special flood hazards, t100d insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said t100d insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS [f any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). NAME OF SUBRECIPI~N1' NAME OF PROJECT Page 1401'23 8 B .1 XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS COBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on COBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts. each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument NAMb Of SUBRECIPIEN1 NAME OF PROJECT Page 15 of23 88 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of ,200 SUBRECIPIENT BY: (SUBRECIPIENT SEAL) AUTHORIZED, PRESIDENT ATTEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Patricia Morgan, Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NAME Vi' SUBRECIPlJ;Nl NAME OF PROJECT Page 16 of23 88 EXHIBIT "A" SCOPE OF SERVICES NAME OF SUBREClPlENT. DESCRIPTION OF PROJECT THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: SUBRECIPIENT. proposes to: purchase approximately properties III Collier County to provide housing for in Naples/Collier County. DESCRIBE PROJECT B. PROJECT SCOPE: The purpose of this funding: DESCRIBE PROJECT DETAILS i.e. acquisition of available lots/units throughout Collier County. All homes will be purchased and occupied by low and very-low income households meeting the HUD Income Guidelines. Funding also includes appraisal and closing cost fees. The SUBRECIPIENT shall submit to Housing & Grants a certification that all households meet income qualification at time of full occupancy. The Subrecipient will be responsible for the following: The creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds listed under Budget in Section B prior to submittal of first Request for Payment form. Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Housing & Grants and obtain a letter of approval prior to bidding the construction work. The final number of units to be constructed must be reported to the Housing & Grants staff as soon as the determination is made ifit differs from NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain Housing & Grants approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain Housing & Grants approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request advancement from Housing & Grants for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only NAM}:, OF SUBRECIPIENT NAME OF PROJECT Page 17 of 23 88 I request advancement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that Housing & Grants, in consultation with any parties Housing & Grants deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: PROJECT NAME Line Item: Subtotal Total CDBG Funds Other $ $ $ $ $ $ $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Housing & Grants, on behalf of the COUNTY, as the Grantee, for Housing & Grants approval, in a form specified by Housing & Grants. In addition, Housing & Grants may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Housing & Grants. Any amendments to this budget must be approved in writing by Housing & Grants and the Subrecipient. D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDSG funds. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline NAME OF SUBRECIPIEN1' NAME OF PROJECT Page 18 of23 88 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to Housing & Grants. I. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to Housing & Grants outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "Coo. The progress reports shall be used as an additional basis for Housing & Grants approval of invoices, etc. for payment. After fundIng is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT shall submit semi-annual reports until the seven to eleven units are constructed and occupied. J. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS DECENT HOUSING Affordability Number of new - NAME OF SUBRECIPlENl NAME OF PROJECT Page 19 of23 88 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: CD07-0 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount A warded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of To day's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. [fapplicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. [also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) NAMt. Or SUBlffiClP/t.N/ NAME OF PROJECT Page 20 of 23 Ba EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Grants staff by the 1 fI" of the following month. Status Report for Month of Submittal Date: Project Name Project Number CD07-0 Activity Number S ubrecipient: Contact Person Telephone: (239) Fax: (239) E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. NAMA' Or SUBRnCIPlloNT NAME OF PROJECT Page 21 of23 BS 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract FederallD (see (see Number Number definitions on definitions on page 3) page 3) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benetits households or persons. Please circle one category (either "households" or "persons"). Enter the number o/beneficiaries in the blank space and in box .'/. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) ofthe current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Ofthese households or persons assisted, Income (MFI). Enter this number in box "4. " are low-income (51-80%) of the current Median Family NOTE: The total o.fboxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted in box" 5" below. Female Head of Households REGARDLESS of income. Enter this number BOX t BOX 2 BOX3 BOX4 SOX5 Total Number of Extremely Very Low Income Female Head of Households or Persolls Low Income Low Income (5t-SO%) Household Assisted (0-30%) (31-50%) , i i NAMt. OF SUBRECIPlt.Nl NAME OF PROJECT Page 22 of 23 88 Subrecipients must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: l. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine [slands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any ofthe original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/ Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: NAME UF SUBRnC1P1ENT NAME OF PROJECT Page 23 of 23 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original dOCUffil,;n!s should be b,md delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excePtion of the Chainnan's sienaturc, draw a line thromrh routine. lines # 1 through #4, cOffioletc the checklist, and Jorward to Sue Filson line#5t Route to Addressee(s) Office Initials Date (List in routing order) l. 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 eIlle 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 stallfor additional or missing infonnation. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee otlice 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 !tem was April 24, 2007 Agenda !tem Number 9A Approved bv the BCC Type of Document Resolution 0'7 - I C- 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 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 rrom 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 nullitled. 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 '5 Office has reviewed the chan es, if a Iicable. Yes (1nitial) N/A(Not A licable) 2, 3. 4. 5, 6. ({j N/A ~ (j) I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~ 9 A MEMORANDUM Date: April 27, 2007 To: Kay Nell, CLA County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes and Records Re: Resolution 2007-102, 07-103, and 07-104 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A, #9B and #9C) adopted by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments RESOLUTION NO. 2007-102 Jl 9 A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99-6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99-6 provides that the Environment Advisory Council shall consist of 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Llewellyn Williams, representing the Technical category, is hereby appointed to the Environmental Advisory Council to fulfill the vacant term, said term to expire on April 13, 2009. 2. David Bishof, representing the Technical Alternate category, is hereby appointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2011. 3. Mike Sorrell, representing the Non-Technical category, is hereby reappointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2011. 4. William Hughes, representing the Non-Technical category, is hereby reappointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2011. This Resolution adopted after motion, second and majority vote. DATED: April 24, 2007 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~U='~GtcL~ ~C Deputy Clerk Attest.~s toCh41naan s ~ , slgnatiJtl! 0,)1,. By ~-/ 4:i JAM COLETTA, Chairman ,"i ',,'.' Approvetl as to form and legal sufficiency: Da~,g~ J~j) County Attorney Item#~ Agenda II )QlLJ ~ '1 Date ...., I O. Dat~d ~'+ , ~ Powf1 epuly Clerk ! ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Altach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP 98 Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's sie:nature, draw a line throm!h routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bec Chairman's signature arc to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was April 24. 2007 Agenda Item Number 9B ADDroved bv the BCC Type of Document Resolution 01 - (c 3 Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties 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 Bee'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 licable. Yes (Initial) N/A (Not A licable) 2, 3, 4, 5, 6, @ N/A @ I: Forms! County Formsl Bec Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Date: To: From: Re: . 98 MEMORANDUM April 27, 2007 Kay Nell, CLA County Attorney's Office Teresa Polaski, Deputy Clerk Minutes and Records Resolution 2007-102, 07-103, and 07-104 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A, #9B and #9C) adopted by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments CRA RESOLUTION NO. 2007-103 90 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TO APPOINT AND REAPPOINT MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency (CRA), adopted CRA Resolution No. 2001-98, establishing the Bayshore/Gateway Triangle Local Redevelopment Advisory Board, and providing bylaws that specify that the Advisory Board shall consist of seven (7) members to be appointed by the CRA; and WHEREAS, on June 13, 2003, the CRA adopted CRA Resolution No. 2003-217, reestablishing the bylaws for the Bayshore/Gateway Triangle Local Redevelopment Advisory Board, and providing that said Advisory Board shall consist of nine (9) members; and WHEREAS, the terms of six (5) members will expire creating vacancies on this Board; and WHEREAS, public notice was solicited for applications from interested parties; and WHEREAS, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board has provided the CRA with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, that: 1. Jill M. Barry, representing the At-Large category, is hereby appointed under the category of Bayshore Resident to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to commence May 22, 2007 and expire on May 22,2009. 2. Maurice Gutierrez, representing the MSTU category, is hereby appointed under the category of Bayshore Resident to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to commence May 22, 2007 and expire on May 22, 2009. 3. Ronald A. Fowle, representing the Tamiami Trail Business Owner category, is hereby reappointed under the category of Bayshore Resident to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to commence May 22, 2007 and expire on May 22, 2009. 4. Lindsey J. Thomas, representing the Davis Boulevard Business Owner category, is hereby reappointed under the category of Bayshore Resident to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to commence May 22, 2007 and expire on May 22, 2009. 5. Stephen C. Main, representing the Bayshore Business Owner category, is hereby reappointed under the category of Bayshore Resident to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to commence May 22, 2007 and expire on May 22, 2009. 98 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 Ronald A. Fowle to this Committee. This Resolution adopted after motion, second and majority vote. DATED: April 24, 2007 ATTEST: DWIGI;lT .~i' ~OCK, Clerk .'\... ........ "';;.'-' THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY . , , .' ~',O" ': . ,',.. - "'" '. .... :;, ", .';.\~'...", ~' 1\./ ,::;: ~">t 1. _ 16'-- , , -,. " . . ~, .' ...'. -'.~. '. .. ; Deput'(Clerk AtteS~..5 to,Chall"1141l s slgnaturf' onl. By, tP~-~ ~L~ DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~a7l~~y David C. Weigel County Attorney Item# ~ Agenda uf '1.\ I.,'" D3te ~+ Dote W'+ , M-~L\ Deputy Cla,k 2 9C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board 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 fth Ch " d l' th h ' l' # I h h #4 I th h kl' d DdS F'l (1' # exception 0 e Ruman S signature, Tawa me rouge routmg mes t rougn ,complete ec ec Ist,an orwar to, ue I son me 5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5, Sue Filson, Executive Manager Board of County Commissioners 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 BeC 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 24. 2007 Agenda Item Number 9C Approved bv the BCC Type of Document Resolution <o1-/c4 Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Ves 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 Counly Allorney, This includes signature pages from ordinances, resolutions, etc, signed by Ihe 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 Allorney'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 your 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 licable. Ves (Initial) 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 I 9C MEMORANDUM Date: April 27, 2007 To: Kay Nell, CLA County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes and Records Re: Resolution 2007-102, 07-103, and 07-104 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A, #9B and #9C) adopted by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, you may contact me at 774-8411. Thank you, Attachments RESOLUTION NO. 2007-104 9C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE A VACANCY ON THE AFFORDABLE HOUSING COMMISSION. WHEREAS, the Board of County Commissioners established the Affordable Housing Commission for Collier County by the adoption Collier County Ordinance No. 91-65, as amended; and WHEREAS, Collier County Ordinance No. 91-65 provides that if any member of the Commission fails to attend two (2) consecutive meetings without a satisfactory excuse or if a member is absent for more than one-half of the board's meetings in a given fiscal year, the Commission shall declare the member's seat vacant and the vacancy shall be filled by the Board of County Commissioners; and WHEREAS, Section Eight B. of Collier County Ordinance No. 2001-55, as amended, the County's general advisory boards ordinance, provides, in pertinent part, that In the event that any Board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the Board [Affordable Housing Commission] chairperson, the Board chairperson shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Executive Manager to the Commission [Board of County Commissioners] of the Board member's failure to attend without a satisfactory excuse, and the Commission shall review the Board chairperson's notification at the Commission meeting and shall declare the Board member's position to be vacant...; and WHEREAS, the Affordable Housing Commission has voted to advise the Board of County Commissioners that William R. Cadwallader has failed to comply with the requirements set forth in Ordinance No. 91-65, as amended and Ordinance No. 2001- 55, as amended, and has recommended that the Board of County Commissioners to declare the seat held by Mr. Cadwallader be vacant on their Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the seat previously occupied by William R. Cadwallader is hereby declared to be vacant on the Affordable Housing Commission. This Resolution adopted after motion, second and majority vote. DATED: April 24, 2007 ATTEST: DWIGHT. 1:. BROCK, Clerk ~,~~ c. ttest ,;S ~,c~ lMllll , shn~t\ihi cc.'l1 ~ .' Appro\(~~:tqf.orm and q,t, ...' legal suffiCiency: !i~~~~~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By, #rr-/ ~ JAMES OLETTA, Chairman Item # -:L~ Agenda '-{ I ,~, I t,r'J Date ~"1 ~-r Dat~d ~<1- IDA MEMORANDUM Date: May 9,2007 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No. 04-3609, "Amendment #2, Exhibit E, Guaranteed Maximum Price, under Contract # 04-3609" Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #10A) approved by the Board of County Commissioners on Tuesday, April 24, 2007. Please forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have also retained an original. If you should have any questions, please contact me at 732-2646 x 7240. Thank you. Enclosures (3) IDA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. OIigin,,1 docu1l1cnts ~hould be hand ddivcred III the Board Oflke, The completed routing slip and original documents arc to be forwarded to the Board Office only after the Boal'lJ 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 silmature, draw a line throup"h routins:> lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. , / 4. Colleen M. Greene Assistant County Attorney ( ~r'\ [\LV CMG 05/07/07 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 orie.inal documents needine the Bee Chairman's siQ:nature are to be delivered to the Bee office only after the Bee has acted to annrove the item.) Name of Primary Staff Linda Jackson Best, Contract Specialist Phone N umbcr 774-8990 Contact Agenda Date Item was April 24, 2007 Agenda Item Number lOA Approved bv the BCC Type of Document Attached Review of Amendment #2, Exhibit E, Guaranteed Maximum Number of Original Five (5) Price, under Contract # 04-3609 Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the CMG 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 oossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office CMG and all other parties excent the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document CMG or the fmal negotiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG initials are renuired. 5. In most cases (some contracts are an exception), the original document and this routing slip should CMG 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 ofvour deadlines! 6. The document was approved by the BCC on April 24. 2007 and all changes made during the CMG meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan!!es, if applicable. . ITEM NO.: DATE RECEIVED: >':1 ii, 10 A ("\.)','\\11\7" ~7i\D~"1Nl i\..)' I. \ ' ' FILE NO.: ROUTED TO: 01- PRe - 00 b 7').- v ~ }l.CI: : 2.5 IDOl Vi:" I - ,1 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES >r0 G'\r1 o ~C.}jcf(:{ Date: Wednesday, May 02, 2007 To: Office of the County Attorney bl"" ___, Attention: Robl:lrl Lacn~ry~~ From: Linda Jackson Best, Contract Specialist Purchasing Department, Extension 8990 Re: Review of Amendment #2, Exhibit E, Guaranteed Maximum Price, under Contract #04-3609, Construction Manager at Risk for Emergency Services Complex BACKGROUND OF REQUEST: Amendment #2 for the GMP to Contract 04-3609 was approved by the BCC on April 24, 2007; Agenda Item ( 10 )(A). This item has not been previously submitted. ACTION REQUESTED: Please review for Legal Sufficiency. Upon approval, please sign and forward the Amendment to the BCC for execution. OTHER COMMENTS: Thank you! cc: Hank Jones, Project Manager, Facilities Management Department rl1/07-~ ;-H~ ~.@ -In 8JA-0~.Cff(YlftchtJY}, =:;}'l) ol --- Gf1,R9f 10 ~ tyu;/~ Jtvf L&Gt- 0JYfVI ~ (j\Jf:r. lOA ';'11 "" "~ MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Linda Jackson Best, Contract Specialist Purchasing Department Jt DATE: Wednesday, May 2, 2007 RE: Review of Insurance and Payment and Performance Bonds for Amendment #2, Exhibit E, Guaranteed Maximum Price, under Contract #04- 3609, Construction Manager at Risk for Emergency Services Complex Amendment #2 for the GMP portion of the Contract # 04-3609 was approved by the BCC on April 24, 2007; Agenda Item ( 10)(A). Please review the Insurance Certificate and bonding documents in this Agreement for the above-referenced contract. Note: the insurance is the same coverage as the pre-construction portion phase of the Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. Note: This insurance certificate expires 6/1/07. Kraft is in negotiations with the carrier, at the end of Maya revised certificate will be sent to me. Thank you. If you have any questions, please contact me at extension 8990. ~~.s. \N.~"''''"'' ~ 4.t~.." ~ ~I ~ ill '1 ~~~vL cc: Hank Jones, Project Manager, Facilities Management Department CHECKLIST FOR REVIEW OF CONTRACTS (U ~ c) v~ J(P~~ 10 A GENERAL CONTRACT INFORMATION NAME OF ENTITY: \~ 4 ~flMk1:.:fh (~J / ~ . 1. Is name of entity accurately reflected on contract? Yes V No 2. Is entity registered to do business in Florida? Yes 1/ No 3. SIGNATURE BLOCKS FOR ENTITY: a. Is executor authorized to sign for entity? Yes / No i. If corporate records reflects other than executor, what evidence of authority has been provided for executing party? b. Proper title of executor? Yes / No c. Proper number of witnesses or Notary Public? Yes -L No ? ,dj;jj;:J 6 ;-- ~- ~ 4. SIGNATURE BLOCKS FOR COUNTY: a. Chairman's Signature Block b. Clerk's Attestation Signature Block ~ ./ c. County Attorney's Office Signature Block / / No d. Does Commissioner Approve? Yes 5. INDEMNIFICATION: jJ. fA a. Is indemnification required? Yes No !II}! b. If required, does it meet County standards? Yes No c. If indemnification standards are not met, what is missing? d. Is County indemnifying Other Party? Yes No 6. ATTACHMENTS: Are all required attachments included with Contract? Yes / NO.. ~ b W", --du- ~ tlM.. -:it.v ~~'~~/~/id~/"~ b~\C INSURANCE REQUIREMENTS: 1. Is Insurance Certificate(s) Attached? Yes No 2. Is Insured(s) Registered in the State of Florida? Yes No t/ 3. Is the Contract number and/or project appropriately referenced on the Certificate? Yes / No $ [I uP \ Q\l\l $ -4 ()\N { ()JD Fire/Property Damage $_11 iJiYD1 r)UD $' lJLf60U Is County required to be named as an additional insured? Yes -L No 4. Is the Certificate Holder name correct? Yes / No Workers Compensation Insurance Coverage Coverage Tvpe of Coveraae Reauired Amount Amount Provided Each Accident $ ),tlL\'),6U\) $ I J OD0 0lJD I I I Disease Aggregate $ I /151lb ,lU) $ \/ '!WI 660 I I , Disease Each Employee $ -l (.,'\\TIJ. OU\J $ It 61JJ'), Oto / I ( Commercial General Liability Insurance Coverage Coverage Tvpe of Coverage Reauired Amount Amount Provided General Aggregate $11~1~ $ LI, (5NJ / ()Cf) I I Products/Completed $J1 UOOI~ L:J "JV1) I (~ Operations Aggregate I I Personal & Advertising Injury $~ $ 1)11"0 f5I.X,) Each Occurrence Date of Expiration 1.!t/tJ7 I r \ , II Date of Expiration "/r!D7 I Ir II L{ u IO A ~.i C~ Insurance Tvpe of Coveraqe Bodily Injury and Property Damage Automotive Liability Coverage Required Amount $/, (JfjO I (JUT) I I Coverage Amount Provided $J/ (~ rfIJV Is County Named as an Additional Insured? Yes Insurance Tvpe of Coveraqe Each Occurrence Per Aggregate No Professional Liability Coverage Required Amount $J1OW(600 $ Coverage Amount Provided $ $ 1 0 A\"~Ill!r:l Date of Expiration ? /;/07 . I / Date of Expiration l~ Umbrella Liability Each Occurrence: $ J~6UO/D Aggregate: $ )fJ~~g7Jb Exp: Does Umbrella sufficiently cover any underinsured portion of coverage? Yes ./ No Other Insurance: Insurance Tvpe of Coveraqe Each Occurrence Coverage Required Amount $ Coverage Amount Provided $ tlt/f)7 , Date of Expiration PERFORMANCE BOND 1. Is bond required? Yes / No 2. If required, Expiration Date of Bond: /JIA I 3. Do the Dollar Amounts for the Public Performance Payment Bond Match the ~ -I- -t' Contract? Yes v" No ""-'k~~b~~ 4. Is Agent Registered in the State of Florida? Yes L/ No 10 A ARTICLE 13 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION 13.1 Indemnitv - The Construction Manager, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this Agreement. shall indemnify and hold Owner and its officers. employees and agents harmless from and against any and all losses, liabilities, damages, and costs. including, but not limited to, reasonable attorney fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use therefrom. and (2) is caused in whole or in part by any negligent act or omission of the Construction Manager, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. In any and all claims against the Owner or any of its agents or employees by any employee of the Construction Manager, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Construction Manager or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The Construction Manager's obligation under this paragraph shall not be limited in any way by Construction Manager's limit of, or lack of, sufficient insurance protection. Construction Manaeer's InsUTll!)ce (I) During the term of this Agreement com to the responsi duly au gro ies by the ce Insurance on or Authorized Representatives is an authorized representati the Owner, on a timely basis, if req that thirty (30) days written y any cancellation, intent not to Aggregate Limits Provisions. (48) bours after receipt by the renewal or material change in coverage or Construction Manager from its insurer, and nothing contained herein s requirement to provide notice_ In the event Of a reduetion in Manager shan immediately take steps to have the aggregate I such policy. relieve Coostruction Manager of this of any pdlicy, the Construetion to the full extent permitted under (2) All insurance polieies required by this Agreement shall include the fonowing provisions and conditions by endorsement to the policies: ( a) The term " Board of Co County, Florida, a political Commissions, Divisi thereof in their official Commissiooers of Collier County, Florida" shall include Collier . sion of the State of Florida and an Aut liards, Bureaus, ents and offices thereof and individual and employees andlor while acting on behalf of CoIlier Coun (b) An insurance policies, other lhan the Professional Liability policy and the W poliey, provided by Construction Manager to meet the requirements oflhis Agree Board of Commissioners of Collier County, Florida, as that name is defined in Article an additional insured as to the operations of the Construction Manager under the Contract Documents and shan contain a severability of interests provision. (c) Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Construction Manager. 28 10 A (d) All ins insurance p of lIIly po . progl'4ln: carried by 0 (3) The accep and!' requi compliance by the Owner of any Certificate of Insurllllce for this Projec .in this Agreement does not constitute approval Or agree een met o~ that the insurance policies shown on the e requirements qf this Agreement. (4) No work shall commence at the Project site unless and until the required Certificates ofInsurallce are reooived and the writtell Notice to Proceed is issued to the Constrilctiqn Manager by the Owner. (5) Before starting and until acceptance of the work by Owner, Construction M insurance of the types and to the limit>! specified below, "Insurance Re require each of its subcontractors to procure and maintain, until tbe insurance of the types and to the limits spedfied below, unless such ins is expressly waived in writing by the Owner. 1. 2. Commercial General Liability (OccUlTence Fonn) patterned after the 1985 1.$.0 fmn with no limiting Endorsements. Bodily Injnry & Properly Damage $1.000.000 Single Limit Per Occurrence Automobile OwnedINon- Automobile Inclu $1.000.000 Each Occurrence ired 4. Other Insurance as indicated below: a) Professional Liability $ 1.000.000 Constructio this Agree aCt$j:'et'J'9r~: illsu.ranceoiu-w'fani esponsible to parties with w d hold the Owner harmless by third parties. Constructi 00. n Manager shall insure that all subcontractors comply with the same insurance requirem meet. Construction Manager shall provide Owner with certificates of insutlll1ce m suralIce provisions. 6. Owner must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 7. The Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-- The "Certificate' Hblder" should read as folloWs: Collier County Board of County Commissioners Naples, Florida 8. No County Division, Department, or individual name should appear on the Certificate. No other fonnat will be accentable. 29 10 A 9. Thirty (30) DIlYs CanceDation Notree is required. 10. The Certificate must state the Bid Number and Title. (6) If any insurance provided pursuant to this Agreement expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by the Owner, copies of the renewal policies, shall be flimished to Owner thirty (30) days prior to the date of expiration. (7) Should at any time the Construction Manager not maintain the insurance coverage require Owner may c Agreement or at its sole discreti be 0 pure charge the Co Manager for such coverage . If Owner for such thin thirty (3(}) days after da er h amount due Construction Manager under this Agreement, The Own such insurance, nor shall it be responsible for the coverage purchased or The d' of the Owner to purchase such insurance coverage shall in no way h its rights r this Agreement. Construe ' ger Shall submit within twenty-four (24) hours to Owner and Design accident ISIDg out of any injuries to its employees or those of any rum or i have suOOont a portion of the Work, or any personal injuries or property damages arisen on account of any work by Construction Manager under the Contract Documents. fessional a copy of all to whom it may or alleged to have (8) (9) The Owner shall be exempt from, and in no way liable fur, any sums of money that may represent any insurance policy except deductibles as agreed to by the Owner in obtaining BuiIdar's Insurance. The payment of such deductible shaD be the sole responsibility of the Construction subcontractor providing such insurance, uctihle in Property ger andlor 13.3 Waiver of Subrogation (1) Except as to Workers Compensation and Professional Liability, the Owner and Construction Manager waive all rights against each other for damages caused by perils covered by insurance provided under Article ] 3 to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub-subcontractors. (2) The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The Construction Manager shall require similar waivers from all subcontractors and their sub-subcontractors. (3) The Owner waives subrogation against the Construction Manager on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. (4) If the policies of insurance referred to in this section require an endorsement to provide for continued coverage, where there is a waiver of subrogation, the Owner of such policies will cause them to be so endorsed. Failure to obtain proper endorsement nullifies the waiver of subrogation. ARTICLE 14 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATION 14.1 Termination bv the Construction Manager - If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or tilUlt of the Construction Manager, or if the Project should be stopped for a period of sixty (60) days by the Construction Manager. for the Owner's failure to make payments thereon, then the Construction Manager may, upon seven days written notice to the Owner, request payment for all work executed, the Construction Manager's fees earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment, and machinery, including reasonable profit, damages and terminal expenses incurred by the Construction Manager. 30 Division of Corporations Page 1 of2 10 A Florida Profit KRAFT CONSTRUCTION COMPANY, INC. PRINCIPAL ADDRESS 3520 KRAFT ROAD NAPLES FL 34105 Changed 04/27/2007 MAILING ADDRESS 3520 KRAFT ROAD NAPLES FL 34105 Changed 04/27/2007 Document Number FEI Number Date Filed 450600 591530885 041I 8/1974 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT 01/04/1999 NONE eglstere I.gent I Name & Address I PEZES~N,FARJLAD 3520 KRAFT ROAD NAPLES FL 34105 I Name Changed: 04/2712007 I I Address Changed: 04/27/2007 I R dA I Name & Address II Title I PINHOLSTER JOHN H [J 1969 7TH STREET SOUTH NAPLES FL 34102 WILLIAMS, THOMAS E G 3520 KRAFT ROAD NAPLES FL 34105 I PEZESHKAN, FARHAD IR 801 NELSONS WALK Officer/Director Detail http://www.sunbiz.org/scripts/cordet.exe?al = DETFIL&n 1 =45 0600&n2=N AMFWD&n3=0... 5/2/2007 Division of Corporations Page 2 of2 JI NAPLES FL 34102 II II IDA ua epo s I Report Year II Filed Date I I 2005 II 03/23/2005 I I 2006 JI 03/28/2006 I I 2007 II 04/27/2007 I Ann lR rt ,_,...................................,...,..,....'.m.........._..'..",..",.,,..,,,,,,,,,.,.,. ::!i;~:;:::::::~:~:~.~.!~~~:::~;~!~~::~:::~::::'!!!:: ;:jlll,'IIII,'I'~I~m~ci:;lia;;;Ei~t;;;:;:;;II:ll' I!,i"~::~::~:~.:~:"!,,.,,!,:.;..,:.,~!,:!,,!::.:::::':!:::'::::"""':::'::!:!:!!:~!.I' . , ,::',!::::::::.~~~!!~i~!!,~~!!!,'!!!:i:j:. View Evel]t~ View Name History .--~~.~-._-_._,---~ .-...----.- --~-~_____'_.~.__~____M__.M____._m____.__M__.___._..._~.~.,_..._,.,'__~_. Document Images Listed below are the images available for this filing. 03/28/2006 -- ANNUAL REPORT 03/23/2005 -- ANNUAL REPORT 04/22/2004 -- ANNUAL REPORT 03/06/2003 -- ANNUAL REPORT OS/23/2002 -, ANNUAL REPORT 01/24/2001 -- ANNUAL REPORT 01/26/2000 -- ANNUAL REPORT 01/26/1999 -- ANNUAL REPORT 01/04/1999 -- Amendment 04120/1998 -- ANNUAL REPORT 03/04/1997 -- ANNUAL REPORT 04/24/1996 -- ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?a 1 =D ETFIL&n I =45 0600&n2=NAMFWD&n3=O... 5/2/2007 23964360~O Line 1 KRAFTCON5TRUCT 08:56:04 26-04-2007 2/2 IO A April 24, 2007 TO WHOM IT MAY CONCERN: John H Pinholster is the President of Kraft Construction Company, Inc. (Kraft) and has full authority to enter into contracts on behalf of Kraft. Please contact the undersigned if you have any questions. Very truly yours, KRAFT CONSTRUCTION COMPANY, INe. F~ ChairmanlChiefExecutive Officer FFP:pam H:\FFP\towhomitmayconcem042407.doc .~~I!i~~~~~i~~~H~-ro<:l<' (238J 643-6000 . Fax (238) 643-0080 D 13350 Metro Parkway, Suite ;304. Fort Myer's. Florida 33812 . (239) 561-5181 . Fax (239) 561-5128 040 S. Pineapple Avenue. Sarasota. Florida 34236 . (941) 330-8990 . Fax (941) 330-8994 www.kraftconscruction.com c1-3f.,o1 EXHIBIT E lOA AMENDMENT NO.2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Articles 7 and 8 afthe Agreement, dated April 11, 2007, between The Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida ("Owner") and Kraft Construction Company, Inc. ("Construction Manager") , for management and construction of the Collier County Emergency Services Center ("Project"), the Owner and Construction Manager hereby establish the Construction Manager's fec, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth below: I. CONSTRUCTION MANAGER'S FEE The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for the Emergency Services Center only shall be $2,075,709.00. The Construction Phase Fee for the Emergency Services Building only shall be invoiced and paid in twenty-one (21) monthly payments of $94,350.00 each and one final monthly payment of $94,359.00. The first monthly Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of the Project accepted by the Owner. The Overhead and Profit for the Emergency Services Center only for the Construction Phase, as dermed in Article 8.1.3 of the Agreement, shall be $1,834,948.00. This Overhead and Profit for the Emergency Services Building only shall be invoiced as defmed in Article 8.1.3. 2. COST OF THE PROJECT The total Cost of the Emergency Services Building Project, excluding Amendment 1 Sitework only, as defined in Article 9 of the Agreement is $34,623,244.00. 3. GUARANTEED MAXIMUM Constnlction Manager's Guaranteed Maximum Price for the Emergency Services Building Work only, including the ConsUuction Manager's Fee, O&P for the Construction Phase, and Cost of the Project is $38,533,902.00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Number Description Pages Dated la GMP Proposal Letter w/Cost Breakdown for the Emergency Services Building 1 thru 4 April J 1,2007 lb. Drawings, Specifications, Addenda and General Supplementary and other Conditions of the Contract on which the Guaranteed Maximwn Price for the Emergency Services Building is based. J thru 7 January 19,2007 2. Allowance Items I thru 1 March 27, 2007 I thru 7 March 27, 2007 1 thru 2 March 27,2007 I thru 1 April 11, 2007 o thru 0 NA I thru I March 27, 2007 1 Ibru 5 April 11, 2007 ]. Assumptions, Clarifications & Qualifications Made in preparing the GMP Set Guaranteed Maximum Price 4. Completion Schedule 5. Alternate Prices 6. Unit Prices 7. Revisions to the Contract 8. Completed Exhibits A, B, G, H & I 4. CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date for the Emergency Services Building Only to the date of Substantial Completion of the Work for the Emergency Services Building is 636 calendar days ("Contract Time"). *Commencement date can not be issued without the Building Permit ready to be issued. Exhibit E Owner and Construction Manager Amendment No.2 Agreement Page I of2 IDA I~I' 1 4. CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Suhstantial Completion of the Work is C;i.JJ days ("Contract Time"). ~.3~ -/Jt 4401 CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY, INC. Attest: ~ ,1 P. ./" . 11I/. . I€.fqf/ c";r. ". P. -- eVO 03f}38ratc Suntdl) ~~~ Title ~~.,.t....-_.h- '2J;~-:r By As Witnessed: By ~ (Corporate Seal) OWNER ATTEST: E. DWIGHT;K'. BROC;:J>:, C~ERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.~', By At~S~~lfiY_W4A~~ S 1 gl{4t41rt all!<' , ,~~AtL Approved as to form and legal sufficiency: ~m~ Robert N, Zachary, Assistant County Attorney 11,:,m# Jo~ 1~~~_02 ;'cj~~l ;?ti7~ VUNt/ U;' Exhibit E Owner and Construction Manager Amendment No.2 Agreement Page 2 of2 EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES Owner: EMERGENCY SERVICES CENTER BUilDING Board of County Commissioners, Collier County, FL Owner's Representative: Ron Hovell Purchasing Agent: Desif!ll Professional Construction Manaeement Pete Tuffo Joe Pressler William McCollum Ben Rounds Wendy Duckworth Laurie Mattingly Mark Styles and/or Andy Dutil Pete Murphy (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) Chris Dill Doug Waller Betty Lounds Steve Smith TBD TBD TBD (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Project Executive Vice President, Estimating Senior Estimator Junior Estimator Estimator Assistant D.M.P. Clerk Scheduler Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Superintendent Assistant Superintendent Labor Foreman Accounting Billing Clerk IDA April 11 , 2007 EXHIBIT G CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS PER 8.1.2 (1)(b) EMERGENCY SERVICES CENTER BUILDING Individual Pete Tuffo Joe Pressler William McCollum Ben Rounds Wendy Duckworth TBD Laurie Mattingly Mark Styles and/or Andy Dutil Pete Murphy Chris Dill Doug Waller Betty Lounds TBD Steve Smith TBD TBD (Offsite) (Offsite) (Offsite) (Otfsite) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) Title Project Executive Vice President, Estimating Senior Estimator Junior Estimator Estimator Assistant M.E.P. Coordinators D.M.P. Clerk Scheduler(s) Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Accounting Billing Clerk Superintendent Assistant Superintendent La bor Foreman April 11. 2007 Percentage of Time Available 20% 10% 5% 10% 10% 20% 5% 10% 100% 100% 100% 100% 100% 75% 100% 10 A CONSTRUCTION MANAGER'S PERSONNEL TO BE EXHIBIT H ASSIGNED DURING CONSTRUCTION OFF.SITE EMERGENCY SERVICES CENTER BUILDING Individual Pete Tuffo Joe Pressler William McCollum Ben Rounds Wendy Duckworth TBD Mark Styles and/or Andy Dutil Laurie Mattingly Pete Murphy Title Duration in Months Project Executive Vice President, Estimating Senior Estimator Junior Estimator Estimator Assistant M.E.P. Coordinators Schedulers D.M.P. Clerk Safety Inspector 10 A April 11, 2007 Percentage of Time Available 20% 10% 5% 10% 10% 5% 20% 10% Individual Chris Dill Doug Waller Hetty Lounds THO Steve Smith THO THO EXHIBIT I CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON-SITE EMERGENCY SERVICES CENTER BUILDING Title Project Manager Assistant Project Manager Administrative Assistant Accounting Billing Clerk Superintendent Assistant Superintendent Labor Foreman Duration in Months Percentage of Time Available 100% 100% 100% ]()()% ]()O% ]()O% ]()()% IDA April 11 ,2007 Standard Estimate Report CC Emerg Svc Complex 10 A ~r~ Page 0 4/11/2007 9:32 AM Collier County Emergency Services Complex Construction - Bid Documents Project name CC Emerg Svc Complex Naples FL 34112 Collier County Client Collier County Govt Architect Harvard Jolly Clees Toppe 239-275-7774 Engineer TKW Consulting Engrs Document Plans Dated 01-19-07 Estimator Kraft Construction Co,lnc Job size 109527 acsf Standard Estimate Report CC Emerg Svc Complex In l\ ~.I JH Page 1 4/11/2007 9:32 AM Total Description Quantity Amount 1000.00 GENERAL REQUIREMENTS 12.00 MO (5,245,289) 1970.00 FIELD REIMBURSABLES 690,782 2090.00 SITE SURVEY & LAYOUT 48,444 2100.00 SITE PREP & EXCAVATION 696,477 2500.00 WATER, STORM, & SEWER 0 2700.00 PAVING & CURBS 17,050 2800.00 SITE IMPRVMNT& LANDSCA 23,289 3000.00 CAST IN PLACE CONCRETE 5,662,854 3400.00 PRECAST CONCRETE 6,457,855 4000.00 MASONRY 442,084 5000.00 STR STEEL & DECKING 402,082 5700.00 ORNAMENTAL METALS 468,245 6000.00 ROUGH CARPENTRY 352,819 6200.00 FINISH CARPENTRY 6410.00 CABINETS & COUNTERTOP' 122,277 7000.00 INSULATION & MOISTURE 584,403 7300.00 ROOFING 365,422 7800.00 FIREPROOFING 69,660 8000.00 DOORS & HARDWARE 453,295 8500.00 WINDOWS & GLASS 195,476 9200.00 PLASTER & STUCCO 831,082 9250.00 DRYWALL 9300.00 TILE, STONE, COUNTERTOf 265,362 9500.00 ACOUSTICAL 250,705 9550.00 FINISH FLOORING 858,787 9900.00 PAINT & WALL COVER 430,621 10000.00 SPECIALITIES 226,358 11000.00 EQUIPMENT 83,436 12000.00 FURNISHINGS 11,309 14000.00 CONVEYING SYSTEMS 396,155 15000.00 PLUMBING 691,967 15300.00 FIRE PROTECTION 740,361 15500.00 HVAC 4,447,375 16000.00 ELECTRICAL 8,795,589 17000.00 SYSTEMS & COMMUNICATIC 3,531,055 Standard Estimate Report CC Emerg Svc Complex 10 A ;':.'~I. ,.,'. .. Page 2 4/11/2007 9:32 AM Estimate Totals Labor 126.200 Material 10,350 Subcontract 32,912,729 Other 318,108 33.367,387 33,367,387 State Sales Tax 621 6.000 % Labor Burden 72.565 57.500 % 73,186 33,440,573 Bulders Risk Insur. By Owner General Liability Insurance 315.978 0.820 % 315,978 33,756,551 Impact Fees By Owner Building Permit By Owner Primary Utility Svcs Fees By 0 33,756.551 Contingency (%) 675,131 2.000 % 675,131 34,431,682 Bond: Payment & Performance 191.563 191,563 34,623,245 Canst Phase Fee (Gen Cond) 2,075,709 5.995 % Canst Phase OH & Profit Fee 1,834,948 5.000 % 3,910,657 38,533.902 Total 38,533,902 351.821/ac8f Q::l! &"1: ~; '" to. ~ S 8- u >< Cl. III .E Gl 0 0 Q. I- ... ,... 01 U )( .! E '> III c: Q $ w , c: .!!! 0 0 al 0 c: u " 01 .... ~~ 0 , :;:: g >- >- c: .... u t: .. .. :-."" :;:: Q :J l/) c: c: =,... "5 'C ... - 0 () :::s .. :J :J o ,... III .!! III III Cl.:.l ~O ~ 01 0 0 ,,... c: c: U Gl_ ... N U U 'C.n <lI 0 <lI l:t~ Gl .... 0 c C:IQ E III .... ... ... ... ,... 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'" 'B'i: ...1Il .. <:0;; o !! ~~~ e 8~ ",e ~ <: e III ::0 ..... ..: ~ it '" ~ ... ~'ll ::0- o III S 'll sg - ~5 ~ <: :::...:t:::: CI) ~ - ,:~g <: - ~:Q ,I .. ~~ .. [ ~ ill~ .!! .m i:"'S 0::.... !it: iil ::0 ~ii o;;!>l ;:. ~ ",Ill ~i~! ... ~ II i,5.. 1 - - .!!,g ;g e - ~ ~ - <: <: ..~"- .'!! .. ::0 .. ::0 '<: 8 88 .... ",0 "'.... IIlI:l .sill... lOA lOA ~ April 11, 2007 ATTACHMENT 5 COLLIER COUNTY EMERGENCY SERVICES CENTER BUILDING "LIST OF ALTERNATES INCORPORATED IN GMP" ALTERNATE#I: Provide Site Cast Architectural Concrete Wall Panels in lieu of specified Architectural Panels. This change will include a multi color Tex Cote finish in lieu of integral color concrete; include a Drylok waterproofing to the backside of the concrete panels in lieu of a cementitous waterproofing, a 30% reduction in the amount of horizontal caulk joints, and a reduction in the overall schedule from 21 months to 18 months DEDUCT $ -1.134.973.00 _ AL TERNA TE #2: Provide alternate Building Control system for HV AC (Boyd) in lieu of Johnson Controls system DEDUCT $ -661,333.00 _ ALTERNATE #3: Provide Ornamental aluminum posts for fence sections on West and South sides of property in lieu of precast columns DEDUCT $ -240.000.00 _ ALTERNATE #4: Provide Ornamental aluminum fence and gates in lieu steel as specified DEDUCT $ -115,066.00 _ ALTERNATE #5: Provide alternate Audio Visual Subcontractor (Verrex) in lieu of Johnson Controls DEDUCT $ -177,894.00 _ ALTERNATE #6: Provide Generator automatic transfer switches for owner provided generators. Generators to be installed and tested by owner DEDUCT $ -1,742.600.00 _ Page I of 4 1nA it ~ ALTERNATE #7: Delete Signage imprint into precast concrete panels on east elevation and east side of south elevation (leaves a $35,000 signage budget for the cast in place imprint) DEDUCT $ -58,500.00 _ ALTERNATE #8: Provide alternate picket rail in lieu of ornamental screen at exterior stair landings DEDUCT $ -4,800.00 _ ALTERNATE #9: Provide alternate pre-manufactured shelter for Visitors Kiosk in lieu of Precast (similar to 3 sided bus shelter) DEDUCT $ -233.000.00 _ ALTERNATE #10: Provide Picket rail in lieu of Mesh infill for railings at 3'd floor DEDUCT $ -8,450.00 _ ALTERNATE #11: Provide hot dip galvanized grate at roof chiller and FPL vault DEDUCT $ -62.682.00 _ ALTERNATE #12: Provide stamped concrete at entry in lieu of pavers DEDUCT $ -14,600.00 _ ALTERNATE #13: Delete JLG Lift DEDUCT $ -11,900.00 _ ALTERNATE #14: Delete 4 of the 7 Curvilinear ceiling panels at entry lobby and provide ACT-I tile and grid DEDUCT $ -20.200.00 _ ALTERNATE #15: Delete tile borders (except in lobby) and provide field tile only in straight laid pattern (except in lobbies 2, 3 and 4 to be on diagonal) DEDUCT $ -32,000.00 _ Page 2 of 4 ~ ALTERNATE #16: Provide approved alternate lighting manufacturer equal to specified DEDUCT $ -29,141.00 ALTERNATE #17: Enroll sub in sub guard program in lieu of subcontractors providing bonds DEDUCT $ -102,000.00 10 A - - ALTERNATE #18: Provide alternate finish to access floor tile in lieu of carpeting and provide rubber floor tile in 24" x 24" size in lieu of 40" x 40" to eliminate waste DEDUCT $ -68,900.00 ALTERNATE #19: Provide alternate subcontractor in lieu of ICI for fire alarm system DEDUCT $ -106,200.00 ALTERNATE #20: Provide alternate subcontractor in lieu of ICI for Security Systems ALLOWANCE DEDUCT $ -90,000.00 - - - ALTERNATE #21: Delete 20 card reader devices and provide only conduit. Delete 1 pan/tilt/zoom camera and provide 2 fixed cameras DEDUCT $ -18.900.00 ALTERNATE #22: Delete stairs and pipe grid in TV studio. Provided by owner in future DEDUCT $ -34,150.00 ALTERNATE #23: Delete 2 UPS. Provided by owner in future DEDUCT $ -192,000.00 ALTERNATE #24: Provide alternate manufacturer (York) for Chillers and air handlers in lieu of Trane DEDUCT $ -109,000.00 Page 3 of 4 - - - - IO A ,~ ~ ALTERNATE #25: Provide alternate manufacturer for fire dampers, smoke dampers, ROV dampers. back draft dampers. Miami-Dade louvers, sheet metal spiral duct. VF drives and sound attenuators DEDUCT $ -51.000.00 - ALTERNATE #26: Delete the requirement for insulation on all return air ducts DEDUCT $ -27,000.00 - ALTERNATE #27: Provide Ecosaire Series computer room units in I ieu of Liebert units DEDUCT $ -8.000.00 - TOTAL ACCEPTED DEDUCTS $ -5.245.289.00 Page 4 of 4 1" 0 A ACORDm PRODUCER Aon Risk services of New Jersey 10 Lanidex Center West P.O. Box 608 parsippany NJ 07054-0608 USA DATE(MM!DD!YYYY) 12114/,2006 TillS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE.(866) 283 7122 INSURERS AFFORDING COVERAGE NAIC# 40827 19445 FAX-(847) 953-5390 INSURED Kraft construction Company, Inc. 2606 Horseshoe Drive South Naples FL 34104 USA Virginia Surety Company, Inc. National Union Fire Ins Co of pittsburgh INSURER A: INSURER B INSURER C' INSURER D INSURERE: THE POLICIES OF INSURANCE USTED 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 POLIC1ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERJI.1S, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD' LTR INSR TYPE OF INSURANCE POLlCY EFFECTIV DA TE(MM\DDIYY) 06/01/06 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Eaoccurcnce) Any one per.;on $2,000,000 $100,000 POLICY EXPlRA TION DATE(MM\DD\YY) 06/01/07 POLICY NUMBER LIMITS A 2CG50091604 ~ERAL LlA.JUTY X COMMERCiAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1,000,000 $4,000,000 $4,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER D POLlCY PRODUCTS - COMP/OP AGG 1"5!'1 PRO- D coe L.J JECT A AUTOMOBILELlARILlTY ANY AlITa ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS 2CA50091704 06/01/06 06/01/07 COMBINED SINGLE LIMIT (Eaaccidenl) $1,000,000 BODlL Y INJURY (Perpcrson) BODlLY INJURY (Pcracc;denl) X coll Ded H,OOO X ComD Ded H.OOO PROPERTY DAMAGE (Per accident) B GARAGE LIABILITY B ANY AUTO EXCESS /UMBRELLA LIABILITY ~ OCCUR 0 CLAIMS MADE AGGREGATE $25,000,000 AUTO ONLY. EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG BE6564412 06/01/06 EACH OCCURRENCE DDEDUCTIBLE EJRETENTJON HO,OOO A $1,000,000 $1,000,000 ~ $1,000,000 ii:iii .. - ~ ~ ~ ~ ~ .;,.~ ~ k ;:::ii l2 ~ - cw WORKERS COMPENSATION AND EMPI.OYERS' LIABILITY ANY PROPRIETOR! PARTNER! EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTH- ER EL DlSEASE.EA EMPLOYEE EL DISEASE-POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLFSIEXCLUSJONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS project: c10-0620 S collier county - Emergency Services Complex. Board of County Commissioners is listed as Addltional Insured with respect to the General Liability policy where required by written contract. CER0li'~fIoc]}ER Board of county commissioners Attn: Department of Facilities Management/collier county GOyt. colller county Florida 3301 East Tamiami Trail Naples, FL 34112 USA SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRmEN NOTICE TO THE CERTIflCA TE HOLDER NAMED TO THE LEFT BUT FAlLURE TO DO SO SHALL IMPOSE NO OBLlGA nON OR LIABlLlTY . OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORlZED REPRESENTA TJVE ~~.5P~.?H.c...~.N_~ ~~, " ~ !5 .. ~ 'C ~ " ~ 'C '0 :I: o '" N N '" ~ o N o o ~ ~ Q Z ~ . u !E " ~ U RIDER 10 A To be attached to and form part of: Bond Number dated issued by the in the amount of on behalf of (Principal) and in favor of (Obligee) 6453304 12/8/2006 SAFECO INSURANCE COMPANY OF AMERICA $6,740.820.00 KRAFT CONSTRUCTION COMPANY, INC. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond amount shall be amended: FROM: TO: SIX MILLION SEVEN HUNDRED FORTY THOUSAND EIGHT HUNDRED TWENTY AND 00/100 DOLLARS ($6,740,820.00) FORTY FIVE MILLION TWO HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED TWENTY TWO AND 00/100 DOLLARS ($45,274,722.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 11 th day of April, 2007. Signed, Sealed & Dated this 27th day of April, 2007. KRAFT CONSTRUCTION COMPANY, INC. ~ B. ".."./ ' ~:. :"""::;::.--,..,,".-:::J y.", ~~~ _, ~.....r SAFECO INSURANCE COMPANY OF AMERICA (Sur~} B~~/ll ).~~AL. ~ Gerard s. Macholz, Attorney-in-Fact '. lOA 1'ImII. POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 96165 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA Washington corporation, does each hereby appoint No. 13188 and GENERAL INSURANCE COMPANY OF AMERICA. aach a ---.-RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBETT; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; ROBERT T. PEARSON; RITA SAGISTANO; Garden City. New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside. New Jersey".._.... its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents August 2006 this 24th dayaf ~~~ STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI. SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. ~ FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. .On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of~attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I, Stephanie Oaley.Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 27 day of APRIL , 2007 ~~~ STEPHANIE DALEY-WATSON, SECRETARY Safecolll and the Sefeco logo ere ragi5tered trademarks of Safeco Corporation. 8-0974/084/05 WEB PDF ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION STATE OF .......~~~.....} ss COUNTY OF ........~..... 10 A ..... On this ...............4.~......... day of ...........A~.~........._........... .~ before me personally appeared ...............i:;?;.~~..4~{~.~.~~...............__.........__.. to be known. who, being by me duly sworn, did depose and say; that he/she resides at ................tI~~...fi.~~~+..................................................-......, that he/she Is the .....~__........._.............. President of ...~.~~~..~~,....~f.<'...........................= the - corporation described in and which executed the within insurance instrument; that he/she knows the seal of - said corporation; that the seal affixed to said Instrument Is such corporate seal; that Is was so affixed by the Board of Directors of said corporation; and that he/she signed ~her eto by like order. ,.,.., ""6 Notary Public Slale of Florida d" (~) ~~~~~~~,~Po~~~532789'" '~'r-""""""""'"'''''''''''''''''''''''''''''''''''''''''''''' Of t" Ex Ires 05/17/2010 A IPAL -IF INDIVIDUAL OR FIRM STATE OF ........................ } ss COUNTY OF ..................... On this ........._....................... day of ..........................................., ......... before me personally appeared ..................................................................................... to me know to be (the individual) (one of the firm) of .....:............................................................................. described In and who executed the within Instrument and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm). ACKNOWLEDGMENT OF SURETY COMPANY STATEOF ....~.!9~.......} ss COUNTY OF .~~.......... On this ........~...??,...?QQ!............. before me personally came .......~..~.:..~~:.~~................... to me known. Who. being by me dufy sworn. did depose and say; that he/she resides In ..,~~!~~..~!!~!~...:~....................... State of ...NftWXJ:l(1$.............:., that he/she Is the Attorney-In-Fact of /he . SDE<XLmSIlllAHCB COHPABY-. Ol!' AMRRTCA, /h tl d lb d I which t d h ~................................................................................. e corpora on escr e n execu e t e above Instrument; that he/she knows the seal of said corporation; that /he seal affixed to said Instrument Is such corporate seal; that Is was so affIXed by /he Board of Directors of said corporation; and /hat he/she signed hlsJher name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New YOrkJJas. pursuant to Sect/on 1111 of the Insurance Law of the State ~f New Yo ...1 I d t SDECO - IHSURAR..", COMPANY OF AMRIlTCA () hi Ih a''', ssue 0...................................................................................... Surety s er certificate of qualificatlon evidencing the qualification of said Company and Its sufficiency under any iaw of the State of New Yort as surety and guarantor, and the propriety of acceptlng and approving it as such; and thaI such certificate has not been revoked. - .. . NO~;...P~b~:.................. NY .ctnowIedc....enl . JEANNE GARGUILO Na1aIy Public. StaI<I 01 New.",rk No.01GMtlU2ll au.1ItIed In Nuuu COllllfll-.......V" Commllllon Expf... July 8,:L:::I v I .. 10 A Pili SAFECO INSURANCE COMPANY OF AMERICA Assets FINANCIAL STATEMENT - DECEMBER 31. 2005 Cash and Bank Deposits ... *Bonds - V.S Govenunent ... ...........__... .Othor Bonds............. ............... "'Stocks ......,................ ..............., Real Estate........................ ............ $ 84,906,669 ...................242.95tl.999 2,682,145,557 428.624.237 9.291,339 Ag.ents' Balances or UncolJceted Premiums................. 629,634,432 . Accrued Interest and Rents.................................... 40,360,895 Other Admitted Assets........................................... 351037705 Total Admitted Assets ................................... ~4 46ft C)~1 Rn Liabilities Unearned Premiums.............................................. $ 711.109.820 Reserve for Claims and Claims Expense ...................1.620.267,753 Funds Held Under Reinsurance Treaties................. 78,827 Reserve for Dividends to PolicyholderL............................854.045 Additional Statutory Reserve ................................ Reserve for Commissions, Taxes and Other Liabilities .............................................. 938.766 902 Total........................................................... $3.271.077.347 Capital St.ck.............................. $ 5.000,000 Paid in SUIplus ................................ 240,451.979 Unassigned SUIplus................... 952.422.507 Surplus to Policyholders.......................... 1.197.874.486 Total Liabilities and Surplus.............................. U .4illt 44:\1 R:n . Bonds are stated at amortized or investment value; Stocks at Association Marlc:et Values. Securities carried at $137,852,392 are deposited as required by law. I. MICHAEL C. PETERS. President, Surety j Safe"" Insurance Company, do hereby certifY that the f.reg.ing is a true. and correct . -statement of the Assets and Liabilities of said Corporation, as ofDocember 3-1, 2005, to the bestofmy knowledge and bolief. IN WITNESS WHEREOF. I have hereunto set my hand and affIXed the seal of said Corporation at Seattle, Washington, this 1st day.of March, 2006. S-126203I06 President, Surety Salo.. and .tho Sale.. logo are reglstorod lrademarl<s .1 Safeco C.'llOraUon quick facts on... lOB COMMERCIAL/RECREATION Water-Use Restrictions --PHASEJL.._________, The SOuth Florida Water Management District is a regional. governmentai agency that ove"ees the water resources in the southern half of the state. It is the oldest and largest of the state's five water management districts. Our Mission is to manage and protect water resources of the region by baiancing and improving water quality, (iood control, natuml systems, and water su~~ly. Water Shortages Water shortages and water conselVation fall under the District's mission for water supply. South Florida depends upon rainfall for its water supply, While South Florida gets an average of 52 inches of rain a year, the rainfall is seasonal, falling mostly in the summer and fall. The rainfall is also cyclical, meaning there are typically 1 Q-year cycles of drought and flood, To manage water shortages in an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short. (See. 373.246, Florida Statutes; 01. 40E-21, Florida Administrative Code). The goal is to proted the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair distribution of available supplies. NOTE This document represents a summary of PHASE II Water-Use Restrictions as they a~~ly to commercial/ recreation use. For more details, or for a co~y of the Water Shortage Rule visit www.stwmd.gov Water Users Water users are grouped into categories according to use - residential, agricultural, industrial, recreational, etc. - and, according to the source from which the water comes. Residential users are the largest user.group affeded by water restrldlons, Water restrictions DD apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions; 100 percent reclaimed water use is _ restricted. Water-Use Restrictions The District has established specific water-use restrictions according to the severity of the water shortage - PHASE I, moderate; PHASE II, severe: PHASE III, extreme; and, PHASE IV, critical - each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of redudions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These adlons are Intended to produce a 30 percent redudlon In overall demand on our water resources by all users. Because ,! t ,~ 1 .. ..,/ "':",~ APRIL 2007 all L1sers do not use the same amoLlnt of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is up to All water users from all sources to get us to the overall 30 percent redudion. General Guidelines . All wasteful and unnecessary water use is prohibited. . Essential services involving public health and safety, such as fire fighting, are not restricted. . Water.use restridions DO NOT apply to the use of reclaimed water. . Water restrictions DO apply to water from ALL SOURCES: public utilities. private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. . Any exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Commercial/Recreation Water-Use Restrictions PHASE .. Summary low-volume water Lise for irrigation, mobile equipment washing, and hand watering is permitted anytime, with voluntary reduction. low-volume methods include: Irrigation: Using equipment designed to limit watering to plant requirement, placing water under canopy diredly at the root. Mobile Equipment Washing: Using bucket and sponge and hose with automatic shut-off nozzle and/or low~volume pressure cleaner. Pressure Cleaning: Using equipment designed to reduce inflow volume as accepted by industry standards. f(Oft~(I'$ WG'ter . """-"""""', II's Worlh Saving Irrigation Systems (cleaning, adjusting, repairing) Licensed Individual/Company' . Less Than One Acre: Watering is permitted 10 minutes per zone per week. . One Acre or More: Watering is permitted one hour per acre per week. * For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Woter Shortoge Order, Landscape Watering Multi-Use Family Units "/Multi-Use Complexes . Less Than Five Acres: For entities that irrie:ate both odd and even addresses: Watering is permitted Thursdays and Sundays from 4 a.m. to 8 a.m. No area may be irrigated more than two days a week. . More Than Five Acres: For entities that irrh::ate both odd and even addresses: Watering is permitted two days a week on any of these days: Wednesdays, Thursdays, Saturdays or Sundays from 12:01 a.m. to 8 a.m. No area may be irrigated more than two days a week. ** Includes Homeowners Associations; a variance is not required, Pesticide/Fertilizer Application Licensed Individual/Company' Voluntary Reduction . Application is permitted anytime. Pesticide/fertilizer technician must be on premises when water is applied. Pesticide/Fertilizer Application Nonlicensed Individual/Company - Voluntary Reduction . Application is permitted for a maximum of 10 minutes per zone after application. Owner or agent must be on site. Vehicle Washing - Commercial Establishment at Fixed Location' Voluntary Reduction . Washing is limited to 75 gaJ10ns or less per vehicle for cars, vans, and small trucks (under 10,000 Ibs. gross vehicle weight), . Large trucks (over 10,000 Ibs,) limited to 150 gallons or less, Vehicle Washing' Licensed Custom Servicing at Mobile Location - Voluntary Reduction . Washing/detailing is permitted anytime using law-volume methods such as using a hose with an automatic shut-off nozzle or low-volume pressure cleaner. Nurseries . Low-volume irrigation and hand watering is voluntarily reduced. . Inside overhead irrigation is pelmitted daily, 8 a.m.-8 p.m. . Outside overhead irrigation is permitted daily, 7 p.m.-7 a.m. lOB COMMERCIAL/RECREATION WATER-USE RESTRICTIONS -1":""lIl. . Moisture stress relief for containerized nursery stock is permitted daily, 1 0 minutes per irrigation zone during daylight, seven days a week. . Rood irrigation is pemlitted 8 days per month, ~- ~'- . , - . Agriculture . law-volume irrigation and hand watering is voluntarily reduced. . Overhead irrigation (including portable volume guns) is permitted daily, 2 p.m.-l0 a.m. . Moisture stress relief for field-grown citrus nursery stock is pemlitted daily, 10 minutes per irrigation zone: 11 :30 a.m.-ll p.m. (noon) 1 :30 p.m.-2 p.m. . Soil fioodlng is permitted ONLY for vegetable seed planting, rice planting, burning of sugarcane prior to harvest, and to pelmit halvesting of sod, with voluntary redudion. Golf Courses . 30 percent cutback from permitted allocation. Marinas . Commercial boat washing using low.volume methods shall be voluntarily reduced. Recreation Areas . Watering new or existing landscaping permitted during residential landscape watering schedule. . Watering newly seeded and/or sprigged areas (planted for less than 30 days) is permitted daily, 10 minutes per irrigation lone: 11:30 a.m.-12 p.m. 1 :30 p.m.-2 p.m. and 3:30 p.m.-4 p.m. . Watering parous, non-vegetated recreation/sporting surfaces (baseball infields, clay tennis courts and racetracks) is permitted 10 minutes prior to each event. Restaurants - Voluntary Reduction . Restaurants are encouraged to serve water only when requested. Applications for Variances Users seeking relief from water-use restrictions should file an application that states how the request qualifies far a variance and describes the nature of the relief desired. The applicant must provide reasonable assurances that the variance will not othelWise harm the water resources of the Distrid. Users must confom1 to water use restridions until the variance is granted. Forms and instructions available at www.sfwmd.gov/conserve. For more infomJationJ visit our web site at www.sfwmd.govlconserve or call our Water Conservation Hotline at (800) 662-8876. ~.-'.'-' .. ~ - - SERVICE CENTERS MClrtin/st. Lucie 772-223-2600 or 800-250-4100 Miami-Dade 305-377-7274 or 800-250-4300 Okeechobee 863-462-5260 or 800-250-4200 Orlando 407-858-6100 or 800-250--4250 Palm Beaen county 561-682-2283 or 800.432-2045 J1/04/04':07 South Rorida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 561-686-8800' FL WATS 800-432-2045 www.sfwmd.gov MAILING AOORESS, P,O, Box 24680 West Palm Beach, FL 33416-4680 Big cypress Basin/Naples 239-263-7615 Browara 954-713-3200 Florida Keys {plantation Key) 305-853-3219 or 800-464-5067 Lower West Coast 239-338-2929 or 800-248-1201 COMMERCIAL/RECREATION PHASE II Water-Use Restridions -. ~ , ". $ Water restrictions apply to water from all sources: public utilities, private wells, canals, lakes, ponds and rivers, Exception: 100% reclaimed water use is not restricted, LANDSCAPE WATERING MultI-Use Family Units' Multi-Use Complexes . ", . !lI", !'Iomi' '\',1('15 :\"-)'< '1'JI ':~ ~I h.'dnu' .'~ not r:'-",'i,!-"I Le~s than 5 Acres; For entities that Irrigate bQth odd and even addresses. .. Waterin~, is permitted ThursddYs and Sundays tmm 4 a.m. to 8 a.m. No area may be irrigatt'd more than two cavs J "';leek More than 5 Acres: For entities that irrigate both odd ande:ven addresses... Watering IS perm:tted two davs a week 011 any (,f these days: Wednesday. Thulsuav'i, Saturdavs (Jt Sundays flOm 12:01 a.m. to 8 a.m No area Olav be irrigated more th,-m two dav'l a week Perml!!ed 1 n minutes per zonp pet week. - JRRIGAUON SYSTEMS icleaning. adjustin!';. repairingi" ';:1' r')('''ltir:'j ,;'flJOS qOI!fOUl'l'\ nur<:l>(e, an" other Q,,'riW,:","',)! 1St'S ,,,rei :(1 " ! '/..7~pr Sr', ',"tJg!? Ord('1 le.'is n1an One Acre. . . . . . . . . . . . . . . Permitted 10 mInutes pt'r zunI' per wet>k One or More Than One Acre. . . .. . . . . . . . . . . . . Permittf'd O!lr hour pet acre per week. PESTICIDE FERTILIZER APPLICATION licensed Individual 'Company . . . . . . . . . . . . . Applicilllon I') permitted dllvtime w:th Voiii:1tarv rp'ductjoll Pesticldeh~rtilizel technician mu,,~ be (\11 prtmi"f"> Vld:en wJtel i<; aopiwi~ Non!icensed Individual li.e., homeowners'" AOpliCdtlOn IWPilllled fOI J maximum of 1 (; minute:, per JOllt Owner or d~ent milsl ~e on sill' VEHICLE WASHING CommerCIal Establishment at Fixed Location. Permitted anytime Limih_'d t.o 75 gallons or less per vt'hiclt' lor ,_-,';j!"<;, van'-" Jl1d snlill! t'-ucks IUlldl~r 10,000 Ih\.! L:lrge trucks !nvpr 10000 ill';_! 1i:11ited to 150 gJllon~ or Ie'.>"". Licensed tnctividual,"Company at Mobile location....... Voluntary redudioll. Washim;.'de-tailing pt'rmitti"1 ilnytlme lblllg lm,\'-volunlf' mt'thod<; \lich as Ll<;in~'. d pucket. sponge and !lOSl::' with an illltomatk shut-nff noult' and 'Ot O! ;ow'vullJmt~ pressure clearH'l MARINAS. (()fTl!;~t'~(i,d l1na' washing 1\ permiUf'd arvllme ~]';;n!! iIJw-\'u!umr mf'tl1()a'~ RESTAURANTS... . Volul1tarv reduction Re"taurants are encolJ!'agrd to serve walrl" only whrn reqlll'<;ted THE FOLlOWINC WATER RESTRlcnONS ARE ENFORCED BY THE SOUTH FLORIDA WATER MANACEMENT DISTRICT, VIOLATIONS OBSERVED SHOULD BE REPORTfD TO 1-800-432-2045 EXT, 6953. RECREATION AREAS 'Will':': 1I1~ 1l"'1J ()l exi<;ting iandscanmg per:1\ittect (lul"in~ l-e\)li.h.-'l1tidi lawJ\capf' waten'1Q schedule~ '\Iewly Seedl'd. Sprigged Areas iJIJ:l~;;",~ tm k\" !11.1n :\0 Gd\-~ P(~rmltlf'd dili!\: 10 minutE'S pel IrrigJtio1: ~:one' irngdtlOn IOPt" 11 :30 a.n1.- L:' p.m. !nOO",: 1 :30 p.rn,-2 p.m.; 3:30 p.m.-4 D.m. Recreation.'Sportine Swiaces . . . . . . . . . . . . . . , POrll(;-, ;oJll-Vf'~~'tJter. (.' .~-iav 'I'nms UllIrts, falttrack.\ i:ll1d ba~"hali infield') Pt'rmitteej dai1\', 1 n mir.utes prinr to eJcr. event Pressure Cleaning low-,.'()iume - . 000-4.000 pSI, voluntary r.~dudl(.ln "7 days NURSERIES Low~Volume Irrigation, Hand Watering.. ... ,.... ....... Permitted anytime, voluntary reduction, Overhead Irrigation linsidel .... .,.. ..,...... .. ......,.. Pe'nlitled l1ailv. B a.m.-B p,m. Overhead Irrigation (outside, ..................., Pf'fmiHea daBv 7 p.m,-7 a.m. Moisture Stress Relief for Containerized Nursery Stock .... Permitted daily, 10 mimltes per irrigation lone during daylight, seven days a Wl.'pk, Rood Irri!';ation . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . Permitted 8 day., per month. AGRICULTURE Overhead Irrigation. . . . . . . . . . . , . . Permittf'd dailv 2 p.m.~10 a.m. Moisture Stress Relief. . . . . . . . . (field-grown utrus nursery stock I Permitted daily, 1 () minutes per Irrigation IOnt'. Pprm,tted daily, 1 (I minutes pe' irrigation lOne 11 :30 a.m.~12 p.m.lnoonl: 1 :30 p.m.~2 p.m. Soil Flooding ..... PermittE'd tor vegetal'lle seed and rice planting, hurning sugarcane before hJrvc':.J and Wednesday. Saturdav Irngation: 4 a.m.-8 a.m. and Hdnd Wateqng" 5 p.m.-? p.m. Even Number Addresses. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 2 days TI1ursday, Sunday ilTi!:!d!iun: 4 a.m.-8 a.m. und Hallli Watering' 5 p.m.-] p.m. l.ots Over 5 Acres Odd Number Addresses..................... 2 day' WeunesdiJv, Saturdav lrn~Jtion: 12:01 a.m.-S a.m. HdJ:Li Watering' 5 p.m.-? p.m. Even Number Addresses. . . , . . 'H'IUr 0111 Ild't' urU ell' di:!O/1,(,','t :,i:l:!-C-i no;~;}' 2 days Thli! ')day Sunday Im~dttoll, 12:01 a.m.-S a.m. Hand Watering' 5 p.m. -] p.m. NEW lANDSCAPING (in place Ie>> than 30 days) Lots less than 5 Acres............................. 5 days Monday through Fnday Irrigation 2 a.m.-8 a.m. lots more than 5 Acres. . 5 days I\'Jonday tllfoUgll FtldJ~.' lrrigJtiOIl" 12:01 a.m.-8 a.m. All Lot> . . ................................................,. Hapd walf:'nn~' alluwed anytunt: MULTI-USE FAMILY UNITS"MUlTI-USECOMf>lEXES 'iflCllillt._' h:'mf',,:;VI:t'r::: M::,",(i( .'cHh~m'" ','Ulidn_t' .'_, !ol fCciWlt.,: less than 5 Acres: FOI entities that Irrigate both odd and even addresses. , . . V'idlering :, perllliNtiJ Tl1Ur)davs and Slllldav' ~rum .:I a.m. to 8 a.m. Nt; are,J '":lay' rJl:' irngated m'Jrf' Ulan two Jal,il d we!'!'. More than Five Acres: For entities that irrigate both pdd .;lIJd even addresses. . . . . 'iI\'jti:'I'llg i~ pl:'rrll1th:,'~ 1\\(1 ddY~ <'1 ~"if'e~ {Ill an\, ')1 the~,' adV~ Wf'dnf'~:\lV. r~lU!sdav\)JturdJ\"\ 1.1: ",md,lYS f!lJrni2:01 a.m. to 8 LI.m. No ,h'd fll(IV h,_' I! rigated more tl1an twe days il week IRRIGATION SY5TEMS Icleaning, adjusting. repairing) Existing System'!! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m:nute'i per Lone per week. New Systems ~o mi11utt'\ per W!W un ,lone-time basis. PESTICIDE FERTiliZER APPLICATION Licensed pesticide "fertilizer technician '-\liJll;'l !n:.:. III (" Pl:'<;;tl(ldi' 'fertilizer dpphlatiup ;~ al1r'l,'t-'(!!I! 'It' :>C111lt: <,l:l~'JUii:' d;, landscape waterin!! and ~ur I U minute" art!'r dprlll,ltlO[] ':WIlt" (II Jgt~lll must ~k on ~Ite Homeowners;'nonlicensed individuals. ............ '\o-jJlunt"fv ReCl'Cflol; Wafenng ill of pe"1ll1de k'IlIllZ(-'I ciprllouon j, .;!Iov....d tll licenset.l techn,uan ~On1t!)wnt" or te{tlnJ(ld!~ must bL rl!eS~tlt (1Umi~~ JppilGllii!ii OTHER Car Boat Washing. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Washing allowed 4 a.m.-8 a.m. and 5 p.rn,-] p.m, Jccordmg tn landscape watering day,>, U~t' automatic shut~oft nOlzle and drain to oorvu~ surface. Boat Rinsing Alter Salt Water Use......".",...............,... Allowed once a day. up to 15 minutes pel bOnt Boat Washing As Primary Residence ........., i\IIDWl:'J on landscape watering days. ba.,t>d on odd or even ":,0 numbe' SwimmIng Pool Filling/Refilling Filling 01 lefilling allLwed Filling of new pool dllowed Must drain 10 porou., surface Ornamentaliaesthetic) Fountains. Only recirculating water features are allowed to aperdte. Must not leak. overflow or wind drift. Washing Non-Porous Surfaces (sidewalks, etc.) . . low'volunlt' pressure cleaning only Washing/rinsing with a !lose NOT allowed Outside Pressure Cleaning. Ilow-volumel 7 days Voluntary RedU<1ion For more information, visit our web site at www.sfwmd.gov/conserve or call our Water Conservation Hotline at (800) 662-8876 to request more information. MEMORANDUM Date: April 30, 2007 To: David C. Weigel, County Attorney Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -105 Enclosed please find one (1) certified copy of the document, as referenced above, (Agenda Items #10D). approved by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, please contact me at 774-8411 Thank you. Teresa Polaski, Enclosure 10n lOD MEMORANDUM Date: April 30, 2007 To: James V. Mudd County Manager From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-105 Enclosed please find one (1) certified copy of the document as referenced above, (Agenda Items #10D) approved by the Board of County Commissioners on Tuesday, April 24, 2007. The Minutes & Records Department will retain the original, as it will be held in the public records. If you should have any questions, please contacr me at 774-841 I. Thank you. Enclosure MEMORANDUM Date: April 30, 2007 To: Joseph K. Schmitt, Administrator Community Development & Environmental Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 - 105 Enclosed please find a copy of the document referenced above, Agenda Item #10D, approved by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure Ion 10D RESOLUTION NO. 2007-105 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH A FIRE REVIEW TASK FORCE; PROVIDING FOR CREATION; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING TERMS OF OFFICE, ATTENDANCE AND FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, AND COMPENSATION; PROVING FOR FUNCTIONS POWERS AND DUTIES OF THE TASK FORCE; AND PROVDING FOR DISSOLUTION. WHEREAS, on March 19, 2007, the Board of County Commissioners held a joint workshop with the Fire Districts; and WHEREAS, at the workshop, the Board considered creating a task force to review issues relating to fire code provisions, plan review, inspections, and building review and permitting; and WHEREAS, on April 24, 2007, staff presented the Board of County Commissioners with a recommendation for the creation of this task force. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of a Fire Review Task Force. The Fire Review Task Force is hereby established to assist in the review of information and issues related to fire control and development, and to report to the Board of County Commissioners with recommendations for revisions to the Collier County Fire Prevention and Protection Ordinance. SECTION TWO: Appointment and Composition. The Task Force membership shall be comprised of nine (9) members, including, but not limited to: Three (3) fire district board representatives; Two (2) members from the Collier County Development Services Advisory Committee; Two (2) members affiliated with the Collier Building Industry Association; and Two (2) members affiliated with the American Institute of Architects. Individuals appointed to represent the fire district boards shall be based on recommendations of the fire districts' boards. If an appointed fire district board representative is not able to attend the meetings in accordance with the provisions of this Resolution, the affected fire district shall recommend to the Board of County Commissioners a replacement representative. The Collier County Building Official and the Collier County Fire Official shall attend all meetings as liaisons to the Fire Review Task Force. 10D SECTION THREE: Terms of Office; Attendance; Failure to Attend Meetings. The Fire Review Task Force is hereby created as an ad hoc task force for a period to expire one year from the date of the resolution appointing its members. Membership of the Task Force shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55, as amended or its successor ordinance, and shall serve the full term in accordance with said Ordinance. The Fire Review Task Force shall adhere to all attendance requirements and failure to attend meetings as set forth in Collier County Ordinance No. 2001-55, as amended or its successor ordinance. SECTION THREE: Officers; Quorum; and Compensation. A Chair and Vice Chair shall be selected at the first meeting of the Fire Review Task Force. The Chair and Vice Chair may serve in an on-going capacity during the term of this Task Force. The presence of a majority of the voting members shall constitute a quorum. The Task Force shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Task Force shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Task Force. The functions, powers and duties of the Task Force shall include but not be limited to: A. Discuss issues and concerns of the public, the County, the fire control districts and the development industry related to fire review and inspections associated with the building plan review and permitting process; B. Review building review and permitting requirements and procedures related to fire review; and C. Provide the Board of County Commissioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Dissolution of Task Force. At the conclusion of one (1) year from the date of the resolution appointing its members, the Fire Review Task Force's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Task Force, dissolution shall occur at the end of the extended term. This Resolution adopted after motion, second and majority vote. 2 DATED: April 24, 2007 ATTEST: DWIGHt!:. BROCK, Clerk ~\Ju&,17{QW\k '.Attest Q,$,.to Chalr1141l , Sj~Mtr.l'-, ,,~), Approved as to form and legal sufficiency: ~~(Y*~ David C. Weigel County Attorney 10m BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY'JAM~:ti~ 3 Item# (0 D Agenda IllltJ Itf- [),le ~ [)"J 41?D/u1 R.v. . t,U1e>t ~0 511- 8pUty Clerk tON ~- MEMORANDUM Date: May 23, 2007 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #06-4049: "Public Utilities Division Asset Management Program and Development and Implementation" Contractor: Camp Dresser & McKee, Inc. Attached please find three (3) original documents, as referenced above, (Agenda Item #10N), approved by the Board of County Commissioners on Tuesday, April 24, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (3) ITEM NO.: ION DATE R~CEI~t='6I_ i. "IJ(JNTy AJTOR^It\ 20D7 f'lt1 Y 17 "., Hi/ 9: 4 0 FilENO.: tl7- Pf2(,_ {)~615 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: May 11, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 Re: Contract: #06-4049 "Public Utilities Division Asset Management Program and Development and Implementation" Contractor: Camp Dresser & McKee, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 24, 2007; Agenda Item 10.N. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, please forward to the Chairman of the Board of County Commissioners 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: Trevor Trinkaues, PUED Ji;J:: . 0 iL @ 71r1/(;7- ~'t~'f~~ c..v ~ ~r'2->~OI ION MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE RECEIVED MAY 1 4 2007 RISK MANAGEMENT DATE: May 11, 2007 RE: Review of Insurance for Contract: #06-4049 "Public Utilities Division Asset Management Program and Development and Implementation" Contractor: Camp Dresser & McKee, Inc. This Contract was approved by the BCC on April 24, 2007; Agenda Item 10.N. 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, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. 9\ t loq,.if}-- \(L'~ ~. ~\)..~Q ~~ dodlDP C: Trevor Trinkaus, PUED ION Contract 06-4049 "Public Utilities Division Asset Management Program and Development and Implementation" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into thisJ<I day of Apr', I , 2007, 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 Camp Dresser & McKee, Inc. (COM), authorized to do business in the State of Florida, whose business address is 9311 College Parkway, Suite 1, Fort Myers, Florida 33919 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting Services to develop and implement a Public Utilities Division Asset Management Program (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Consultant services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the ION OWNER for all Basic Services is set forth in Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 2 ION! 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgrnent to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or rnake available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 3 ION ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 4 ION 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER's representative with respect to the services to be rendered under this Agreernent (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 5 ION (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of 6 IOi" such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. 7 ION ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, 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 CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This 8 ION indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1.. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 9 ION ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies 10 ION against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, 11 ION commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal 12 ION Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FL 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: . Camp Dresser & McKee Inc. 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 Attn: Mr. Kirk Martin, Vice President Phone: 239-432-9494 Fax: 239-432-9453 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or In part, by CONSULTANT without the prior written consent of OWNER. 13 ION~d 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained In this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 57 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. 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 Florida state court in Collier County, Florida. 14 ION IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for Developing an Asset Management Development and Implementation Program the day and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ CDmm; " ., ~ ' ..,m," By: ~. . ~IJ (jr.LtJ 0.( _ Date:'. . S:-:-d-~- OVDt Attest 1'-, toOll IrtIII I sl~D4ture 0111, Approved as to form and legal suffi . n . . ~ Scott tr L~ RJJ~ First Witness &J PiMJl.ft Type/Print Witness Name Camp Dresser & McKee. Inc. By: A/~./~ Signature w. kirk rtlkii n V! a fJr" 5) ,{t."*' Type Name and Title g l~' 9-llarj~~ Seco Witness ...J~ 1"(;" fA /IU..I. () TIt Type/Print Witness Name (CORPORATE SEAL) , Item# It) 1'-...1 p.g;oda I L->-IkOl Oat3 ~ DRt~ S-d'~-o Reed li ION SCHEDULE A SCOPE OF SERVICES BACKGROUND Collier County Public Utilities Division is seeking a qualified organization to provide consulting services to development an asset management program. The Public Utilities Division consists of the following: Water Department, Wastewater Department, Public Utilities Engineering Department, Pollution Control Department, Utilities Billing and Customer Service Department, Solid Waste Department, Public Utilities Administration Department and Public Utilities Operating Department. The Division intends to conduct this asset management program in order to obtain the maximum value from the division's physical assets thereby operating in a fiscally responsible manner and to meet the performance standards expected by its stakeholders in an environmentally sensitive fashion. The program will be conducted over three phases; assessment, design and implementation. While the results of each phase will define the work in the subsequent phase, the anticipated activities are defined in the work scope which follows. Results expected from the asset management program are as follows: . Consistent business driven work and asset management procedures will be implemented across the organization based on "best appropriate practices" (BAP) specific to Collier County. . Work and asset management technologies to support the Divisions business practices will be designed and implemented. . Organizational alignment and staff training to support BAP and new technologies will be achieved. . Integrate or dovetail into the existing financial system, GIS, SAP, CMOM and any other system used by the Division. Phase 1 - Assessment This phase will consist of the following four elements: 1. Establishment of an enterprise wide Vision and set of ultimate program goals. 2. Assessment of current O&M practices in each segment of the Division against BAP. The outcome will be an agreed to set of BAP's for Collier County or the Division and a quantitative estimate of the efficiency and effectiveness improvements possible. 3. A high level Information Technology Assessment and Plan for the entire Division, defining current capabilities, future functional needs, how best to meet the future needs and systems integration recommendations. A comprehensive look at all existing software that directly or indirectly related to asset management functions in the division. A comprehensive look at the GIS Suite of products as to its functionality and application in the Asset Management Program 16 ION and the overall integration with the SAP financial software. Define what the current processes, procedures and the future 3 year technology implementations that currently defined. 4. An Organizational Assessment to measure the alignment of the Division's organization towards its objectives, its capacity to accept change and whether its decision making process is conducive to a program of this type. This work shall be done in a fashion that builds consensus within the Division towards its stated goals, methods used for implementation and the assessment's recommendations. The main deliverables for this phase shall be a presentation and report on each element appended to a business case analysis that defines recommendations, costs, benefits, risks and constraints. During this phase the consultant will assess all the departments of the Division as well as the different divisions within the County Government that PUD interact with including all software platforms and provide the Division with draft reports for review, at agreed upon stages in their assessment. The Assessment will include a look at the regulations and compliance requirements that govern the practices of the County such as GASB34 and the use of Asset Management in areas of capital planning. Phase 2 - ProQram Design Based on the agreed to recommendations from the assessment phase the consultant shall complete the details of how the asset management system is to be implemented. Details may include but not necessarily be limited to: . Methods/procedures/tools and priority strategies to identify: 1. Asset hierarchy and asset data identification and organization 2. Service level definition 3. Criticality rating 4. Condition assessment 5. Valuation assessment 6. Maintenance strategy development 7. Capital improvement evaluation techniques . Functional and technical requirements for software systems. This includes preparation of any RFPs and technical specifications as may be necessary and for services through issuance of the RFP to prospective system suppliers. Potential systems procurements and/or interfaces include: 8. Work and asset management system (WAMS) including inventory applications 9. Re-valuation assessment tool 17 ION 10. Performance measuremenUmanagement system 11.Application interfaces definition (i.e. to GIS, SCADA, Financial, etc.) 12.Asset Management Modules: Equipment , work order, preventive, store's, organizational, backlog, scheduling, financial, purchasing, utilities, predictive maintenance, energy management, project management, training, time standards, construction cost estimating, bar coding, employee performance report and inventory control are typical and specialized modules. An Asset management packages perform similar maintenance management functions, but specialized modules can turn a basic system into a tool that's just right for the County. . Specifics of an organizational development plan including technical and leadership training curricula. Recognizing that the Division's constraints include funding and its staff's ability to undertake initiatives outside of their daily responsibilities, a phased Implementation Plan shall be produced as one of the deliverables to this phase. Included in the Implementation Plan will be identification and quantification of short term gains. Phase 3 - ProQram Implementation It is anticipated that the Asset Management Program will be phased over several fiscal years. It is the Division's intent to engage the consultant as needed during the Program Implementation phase. Services may include the following: 1. Technology Selection: Includes assisting with the selection of technology systems specified in the previous phase. 2. Technology Implementation Management: This may include software system implementation, contract management and system testing/acceptance for systems that may be necessary to meet the program goals. 3. Business Process Improvement: Services include activities to test and finalize revised business processes designed in Phase 2. Also included is the assistance with establishment of equipment hierarchies, criticality indices, maintenance practice modifications, implementation of revised maintenance procedures and revisions to equipment inventories. 4. Piloting and Rollout: It is anticipated that the Implementation Plan will have defined several pilots. The consultant shall assist with developing the pilot program details, monitoring their effectiveness and rolling out the programs to the broader organization. 18 ION 5. Change Management Services: This includes services to work with Divisions staff in an effort to address and mitigate the inevitable concerns that will arise due to change in work processes and requirements. 6. Technology Development: The consultant may be engaged to develop software applications within technologies currently in use or within newly procured systems. This may also include software interface development and testing as may have been defined in the previous phase. 7. Equipment and Infrastructure Condition Data: This work includes a cost effective approach to collecting condition information for Divisions assets starting with the critical assets. 8. Development of Performance Measurement System: Include implementing a Key Performance Indicators (KPI) measurement system and assisting County staff with its use and techniques for management by KPls. SCOPE OF WORK Task 1A - Proiect Manaaement The purpose of this task is to provide coordination between the OWNER and the CONSULTANT to carry out project tasks in accordance with the scope, schedule, budget and quality requirements of this contract. CONSULTANT is responsible for all project work including tasks performed by subconsultants. Subtasks associated with Task 1A are described below: 1A.1 Project Governance Structure CONSULTANT will assist OWNER in establishing a structure for the successful governance of the project. CONSULTANT will provide a project management team consisting of: Project Director - Mr. Paul Pinault. The primary role of the project director is to ensure that the vision of asset management fits with the strategic direction and culture of OWNER. The project director will maintain clear channels of communication between OWNER and CONSULTANT, ensures there are direct lines of responsibility for work components; facilitates quarterly governance meetings and provides regular checks on project technical control. Project Manager - Mr. John Caldwell (Phase 1) and Mr. Michael Smith (Phases 2/3, anticipated). The project manager ensures timely completion of work according to an established schedule of activities oversees development of and ensures quality of all project deliverables, keeps the project costs within the established budget, maintains the project library, conducts monthly progress meetings, produces progress reports and invoices. Technical Director - Mr. Philip Chernin. The technical director provides technical leadership and direction to the project. He assigns staff that are best qualified to bring CONSULTANT's global asset management experience to bear on positive project outcomes and represents CONSULTANT at critical meetings and workshops as necessary to ensure all technical aspects of the project are being met. 19 ION OWNER will provide a project management team consisting of: Project Manager - The OWNER's project manager is the single individual to whom CONSULTANT reports during conduct of this project. OWNER's project manager may instruct CONSULTANT to report to other OWNER representatives in fulfillment of any part of tie contract. Steering Committee - The steering committee is comprised of OWNER's managers and executives who will provide guidance and direction to the OWNER's project manager and to CONSULTANT. Asset Management Team - The asset management team (AMT) is comprised of a cross-section of OWNER management and staff that will participate in interviews, workshops and document review. It is anticipated that members of the AMT will serve as ambassadors for the asset management program as the project progresses within and between phases. 1A.2 Project Management Master Project Schedule CONSULTANT will develop and maintain a detailed master project schedule for the Project identifying milestones, deliverables, and key coordination meetings. Monthly Invoicing CONSULTANT will prepare monthly master invoices for the project. CONSULTANT and all subconsultants are responsible for assuring and certifying that invoices are correct and meet OWNER invoicing standards for format and allowable costs. Invoices will be submitted within two (2) months of the effort being billed unless the OWNER authorizes an extension. A narrative summary of the effort being billed will accompany the invoices. A cumulative summary of durable goods purchased as Other Direct Costs (ODCs) for the project will be included in each Project Invoice. CONSULTANT will address all project budget, management and schedule issues. If OWNER action is required, CONSULTANT will recommend a suggested course of action. Project Contracts and Invoice Library CONSULTANT will maintain a complete project library and master files of all contract and subcontract actions and reports. CONSULTANT will develop a OWNER-approved, PC-based master spreadsheet on which all contract and subcontract budgets, billings, contract modifications and invoice actions will be tracked through the project. A hard copy of the most current spreadsheet will be submitted with proposals for budget revisions or contract modifications. The master spreadsheet will provide detail to the activity level (e.g., 1A.2). 1A.3 Progress Meetings Progress meetings between the OWNER and CONSULTANT will be held on a monthly basis either in person or by telephone. CONSULTANT will prepare monthly status reports to be submitted to the OWNER at least seven (7) calendar days prior to the meeting. The project status reports will include the following information: . Current scope of work completion status versus anticipated status, . Updated project schedule, . Summary of budget status, 20 ION . Project information and decision needs including the anticipated source, expected response time and any issues or problems that could delay the expected response, . Anticipated tasks and accomplishments for the coming month, . Questions, comments, problematic issues and suggestions, . Identification of out of scope task work, and . Invoicing issues and proposals to address such issues. CONSULTANT will prepare agendas for progress meetings to be submitted with the monthly progress report and will also prepare meeting minutes to be submitted to the OWNER for review within two (2) working days following the meeting. Once they are reviewed and approved by the OWNER, the minutes will be distributed to the project team. 1A.4 Document and Data Management CONSULTANT realizes how proper document and data management can be used on future projects and to provide valuable information on how and why decisions were made. CONSULTANT will host an internet site that provides on-line access to all documents produced during the project. 1A.5 Project Quality Assurance /Control Governance Meetings Governance meetings between CONSULTANT's Project Director and OWNER's Steering Committee will be held quarterly. These meetings will be used to brief OWNER executives on project challenges and achievements, facilitate management-level discussion about the program and to set shared commitments for organizational alignment Deliverables Review CONSULTANT will implement a quality assurance process to ensure that each project deliverable is reviewed by senior professionals with in-depth asset management experience who are not directly involved in daily project activities. QA reviews will be documented and recommendations acted upon by the CONSULTANT's Project Manager and team members responsible for the deljverable(s) reviewed. Task 1 B Vision and Goals The intent of this task is to establish a vision for the asset management program and to document that vision in the form of a charter statement. The subtasks included in Task 1 B are as follows: 1 B.1 Review Existing Strategic Planning Documents OWNER will compile existing key strategy documents for CONSULTANT to read in preparation for a vision-setting workshop. The OWNER's Reliability Guidelines and Water Master Plan are examples of relevant strategy documents that are familiar to CONSULTANT; All manner of relevant and current written materials that convey OWNER's values, strategic objectives and operating guidelines will be made available to, and reviewed by CONSULTANT. 1 B.2 Provide Preparatory Reading Material to OWNER Representatives 21 ION The more OWNER understands about the history and current state of practice in asset management, the more productive the vision-setting and charter statement development effort will be. In this subtask, CONSULTANT will compile executive briefing material about asset management that is most directly relevant to the critical issues identified in earlier subtasks. Materials will be limited to prevent over burdening OWNER's staff. The purpose of this subtask is to produce a customized set of "spark-notes" on asset management best practice that can be referred to by the project team as the project progresses. 1B.3 Conduct Vision and Mission Workshops Two workshops will be conducted. The first will include the executive workgroup and the operational heads (or their delegates) from each of the OWNER's Department. During this workshop we will craft a vision statement for OWNER's asset management program and a mission statement for Phases 1 of the project and will review the project workplan in detail and discussion of all critical issues to serve as background for a Project Quality Management (PQM) session. The PQM will solidify the governance structure for the project, clarify project roles and responsibilities, establish a project mission statement, produce a list of critical success factors to be referenced to throughout the project, to identify potential risks to project success and recommend approaches to mitigate these risks. A number of elements of what will become the charter statement will be identified and captured by CONSULTANT. This information will be taken into the second workshop which will be used to develop a draft, comprehensive asset management charter statement. It is recommended that the second workshop be attended by the AMT. During this workshop, details of the charter statement will be worked out such that the proposed language reflects an implementation perspective provided by the AMT and is in keeping with the overall direction/boundaries set by the executive workgroup. 1 B.4 Develop Charter Statement A charter statement will be drafted based on the outcomes of the workshops. It is anticipated that several iterations of the charter will be circulated for revision before a final version is approved. Task 1C Gap Analvsis The purpose of this task is to benchmark OWNER's existing asset management practices against best appropriate practices (BAP). CONSULTANT will utilize GHD's TEAMQF assessment tool referred to as "GAP-X" for this purpose. The version of GAP-X utilized for this project contains approximately 160 questions and a database of gap results and best practice metrics of over 200 utilities and municipalities. The subtasks to be performed include: 1C.1 Collect Current Performance Data An information request will be prepared, in writing, and provided to OWNER's Project Manager. Documents or other materials that relate to the items below will be requested. It is not expected that information will be available for all the items to be requested in this subtask. Where information is available, representatives of the operating units that maintain the information will be contacted to schedule review sessions. Some of the information of interest to this subtask includes: · Asset Depreciation and Effective Life Tracking · Asset Hierarchy and Roll-up Capability · Complaints System Utilization · Asset Categorization · Asset Commissioning and Handover · Asset Criticality Assessment 22 ION · Condition Data Standards · Consequences of Failure Analysis Methods · Historical Maintenance Cost Tracking · Inventory/Stock Control Methods · Job Execution and Control/Feedback · Job/staff Scheduling and Cost Control · Life Cycle Cost Analysis Techniques · Maintainability /Operability Assessments (during design) · Maintenance Cost Estimating/Budgeting · Maintenance Manuals/Instructions · Operational Costs Accounting/Budgeting · Optimized Renewal Decision Making (ORDM) Framework · Performance Data Standards/LOSS Linkage · Performance Monitoring and Control · Risk Management Methods · Reliability-centered Maintenance Methods · Software Utilization 1C.2 Conduct One-on-One and Small-Group Interviews A subset of OWNER's staff will be selected for interview. The interviewees may be members of the Asset Management Team or other staff. Prior to the interviews, CONSULTANT will distribute an interview preparation packet so that interviewees may think about the questions to be answered. Approximately 11 interviews will be conducted based on the table below. Where possible, interviews will be conducted in small groups of 3-7 individuals. Department AntiCipated Focus Area Encineerina Capital Planninc Enaineerinc Facilities Desicn and Construction Water Well Field and Treatment Plant Operations and Maintenance Water Distribution Svstem Maintenance Wastewater Reclamation Facilities Wastewater Pump Station and Treatment Plant Operations and Maintenance Wastewater Collection Svstem Maintenance Pollution Control Comprehensive Customer Service and Comprehensive Billinn Executive Rate-settinn and Financial PlanninQ Executive Development of Capital and Operating Budaet 23 ION The questions that will be addressed by each group will focus on the specific functional area of interest, but will also include general questions that relate to the two other assessment areas of Task 1: Information Technology and Organization. The information acquired through these group interviews will be used as baseline information for the more detailed assessments of those areas in Tasks 1 D and 1 E. 1C.3 Compile and Document Interview Findings CONSULTANT will compile and reconcile interview responses in order to present a coherent initial picture of existing conditions. 1C.4 Review Findings Validation Workshops Up to three work sessions will be held with interviewees to review interview findings and ensure that CONSULTANT has fairly and appropriately interpreted the information acquired during the interviews. Review Meetings Sometimes interview findings are irreconcilable between parties. In these cases it is critical to meet with department or unit heads to gain perspective on the comments of interviewees. CONSULTANT will hold up to 5 individual (or small group) interviews for this purpose. 1C.5 Conduct Findings Workshops Once findings are reviewed with Department heads, a findings workshop will be held with the AMT. The purpose of the workshops is to score OWNER's asset management practices versus GAP-X benchmarks. The scoring will represent a consensus view of OWNER staff as to the current state of asset management practice. 1C.6 Develop Efficiency and Effectiveness Measures Effectiveness In this activity CONSULTANT will develop proposed weightings associated with each benchmark. The weightings will reflect OWNER's priorities for tracking the effectiveness of asset management improvement measure, and used later in Task 1 to set implementation priorities. The weightings proposed by CONSULTANT in this activity will be modified during workshops with OWNER in Task 1 C. 7 and will ultimately form the basis of program development priorities recommended at the completion of Phase 1. Efficiency In this activity, CONSULTANT will identify ranges of metrics that may be appropriate measures of efficiency for OWNER based on CONSULTANT's understanding of OWNER's business practices, mission, goals and priorities. These metrics will be conveyed in the form of key performance indicators, or KPl's amenable to quantitative tracking. Final, recommended KPl's will be established later in Phase 1 and managed regularly throughout development of the asset management program. 1 C. 7 Conduct Best Appropriate Practice (BAP) Target Workshops Up to three workshops will be held to refine the effectiveness or efficiency measures of Task 1 C.6. The outcome of these workshops will be a modified set of KPI's. 24 ION 1C.8 Produce Technical Memorandum on Asset Management Practices A technical memorandum will be drafted, presented to the AMT and finalized based on OWNER's comments and requests. Task 10 Hiah-Level Technoloav Assessment and Plan A technology assessment will be performed in order to understand the software resources available to the OWNER, the organizational structure in place to maintain software and support users and to gain insight into software improvement priorities. This task will be complimentary to the gap analysis conducted in Task 1C. The inquiry and assessment will be framed in the context of the asset management processes (and gaps) identified during that task. The outcomes of this task will provide a starting point for the software system requirements work to be done in Phase 2. While most of the detailed requirements will be established during Phase 2, the basic data requirements necessary for a comprehensive asset management program are known at this time and are listed below. 25 ION BASIC CHARACTERISTICS OPERATIONAL HISTORY · Asset Unique ID · Asset Location · Parent Asset · Physical Characteristics · Capacity/operational ratings · Installation Date · Condition History · Condition Standard · Maintenance History · Reliability Standard · Performance History · Performance Standard LIFE EXPECTANCY VALUATION · Design Life · Expected Remaining Useful Life · Percentage of Life Consumed · Original Cost · Current Value · Replacement Cost FAILURE ANALYSIS RISK MANAGEMENT · Asset Function · Primary Failure Mode · Failure Signature · Operational Effects of Failure · Availability of Backup/Redundancy · Probability of Asset Failure · Consequences of Asset Failure · Risk Rating of Asset . RENEWAL STRATEGY · Anticipated Renewal date · Renewal Action During this task, CONSULTANT will acquire a complete understanding of whether, and to what degree, these data are maintained by OWNER and how these data move between OWNER's various software systems. The subtasks to be completed as part of Task 1 Dare: 10.1 Meet With County IT Representatives CONSULTANT will meet with OWNER's IT representative(s) to understand the IT governance structure within the Department and at the County level. IT governance "sets the rules" for what software is considered enterprise-class, what software is considered discretionary investments and what software is considered office productivity tools. These decisions have material effect on the OWNER as they determine the degree to which maintenance and operational data can be stored in various systems. 10.2 Review Enterprise Software Licenses and User Profiles An inventory of software in existing use by OWNER for asset management will be cataloged in this subtask. 26 ION 10.3 Prepare IT Utilization and Data Flow Summary A summary of how each software system is currently configured and utilized to support asset management will be produced, along with data flow diagrams indicating the Iifecycle of asset management data. Review SAP Configuration SAP is the most comprehensive enterprise resource planning software available in the marketplace. It is also very complex and difficult to master. The benefits that SAP may provide to OWNER depend upon how SAP is configured, the OWNER's facility with the product, what modules of SAP are owned and the strategic purpose that SAP software is intended to serve. In this subtask, configuration parameters, implementation documentation and module utilization by other County Divisions responsible for infrastructure assets will be reviewed to gain an understanding of the opportunities that SAP may provide for the OWNER's asset management program. Review County GIS Data Standards and Geodatabase Design GIS software is critical to successful asset management involving what is commonly referred to as "street-side" assets. The spatial distribution of these assets, and the ability of GIS software to analyze and display network relationships between them, makes it desirable to store pipe characteristics, condition and other asset management data directly within the GIS. It is important to establish sensible policies regarding how much of what kind of data are stored in the GIS versus the Work and Asset Management System (WAMS) to be specified in Phase 2. The review conducted in this subtask will enable CONSULTANT to determine an appropriate plan for optimal GIS utilization. A particular focus of this activity will be for CONSULTANT to gain an understanding of OWNER's use of Arcpad as a tool to coordinate and facilitate field crew deployment. Review l-nHANCE Utility Information Management and Special Assessment System l-nHANCE is a utility-specific enterprise software system that is built around its customer billing database. It offers redundant capabilities to SAP, specifically as relates to General Ledger, Work Order Management, Fixed Asset Inventory and Budget Forecasting. During this subtask, CONSULTANT will evaluate the use of l-nHANCE, the support that OWNER receives by the vendor and the merits of continuing to us l-nHANCE versus migrating to a newer commercial product or to SAP. Review Allmax Operator 10 (OP-10) Deployment Strategy OP-10 is used by plant operations to store, analyze, and report plant process information regarding flows, samples and trends. A principal concern to be addressed by CONSULTANT in this subtask is the possible retirement of OP-10 if and when OWNER implements a new maintenance management software package -- such as the Hansen system which is currently being reviewed - and the overall relationship of OWNER's maintenance management software requirements and the more comprehensive asset management software requirements to be established during Phase 2. 10.4 Conduct IT Assessment Workshops A workshop will be conducted to validate the findings of subtask 1 D.3 10.5 Perform Follow-up Reviews 27 ION It is anticipated that information will be uncovered during the workshop that will require follow-up and reassessment. This will be accomplished through one-on-one meetings following the workshop. Up to five one-on-one or small group meetings are budgeted. 10.6 Produce Technical Memorandum on IT Assessment A technical memorandum will be drafted, presented to the executive workgroup and finalized based on OWNER comments and requests. Task 1E: Oraanizational Assessment The organizational Assessment task assesses the magnitude or organizational changes necessary to successfully move forward with asset management. The following subtasks will be a part of this task. 1 E.1 Establish Organizational Assessment Work Group CONSULTANT recommends that a workgroup be convened to provide focus and guidance to the organizational assessment team. The workgroup should include representatives from: . Middle Management . Line Supervisors . Human Resources . Senior and Junior Staff considered to be peer leaders 1 E.2 Conduct Assessment Workshops A series of 3 workshops will be conducted to explore each of the elements of the assessment. Alignment Assessment An assessment of organizational alignment (strategic goals/objectives, organizational structure, performance measurement) will be made based on workshop input and information acquired through the interview process in Task 1C. Involvement and Communications Assessment An assessment of staff engagement, communication effectiveness, involvement and adaptability will be made based on workshop input and information acquired through the interview process in Task 1 C Accountability and Incentive Assessment An assessment of organizational accountability and motivation will be made based on workshop input and information acquired through the interview process in Task 1C 1 E.4 Develop Training and Staff Development Assessment Asset management training and staff development requirements will be identified for inclusion in the organizational development plan to be produced in Phase 2. Attention will be paid in this task to both workforce and succession planning and the relationship between these training and development requirements and the more specific requirements of asset management. 28 ION 1E.5 Produce Technical Memorandum on Organizational Assessment A technical memorandum will be drafted, presented to the Steering Committee and finalized based on OWNER comments and requests. Task 1F. Business Case Financial benefits from the AM program are expected to accrue to OWNER in three forms: Cost Reductions - where the "input per unit of output" is reduced (doing the same task for less cost). An example: replacing inefficient motors with more efficient models such that the reduced operating costs pay back the capital investment for the new motors in a relatively short period of time. Cost Avoidance - where: . Unnecessary expenditures (investment) are eliminated. . Inappropriately scheduled investment is deferred until a more cost-effective point in time. . Investments are reduced in magnitude from what would otherwise have been approved. An example: a major capital replacement project is, upon closer analysis, converted to a less expensive refurbishment project combined with an enhanced maintenance program.) Cost Redirection - where investment is redirected from one management approach to a more cost effective approach. While the actual budget outlay is not reduced, these investments increase the life of an asset or raise the level of performance of an asset for the same level of investment prior to intervention (we spend the same for the task but get more from the work). An example: maintenance for a lift station is transitioned from unplanned reactive maintenance to condition-based predictive maintenance. During this task, the business case for implementing asset management will be developed by quantifying these anticipated benefits and comparing them to program costs in the form of return-on- investment. Other benefits - such as remaining in regulatory compliance or improving customer confidence - will be identified and considered qualitatively. The following subtasks are included: 1F.1 Regulatory Requirements CONSULTANT will evaluate the relevance of all current and pending regulations to determine their present or anticipated bearing on the program. 1F.2 Quantification of Program Benefits Anticipated financial benefits as discussed above will be estimated based on the efficiency and effectiveness programs and measures developed in Task 1 C. 1 F.3 Program Cost and Risk Assessment Estimates of program cost will be made based on the information compiled during other Phase 1 tasks. 29 ION 1 F.4 Return-on-investment Analysis Return-on-investment (ROI) will be evaluated based on the cost, benefit and risk measures. It is anticipated that ROI will be presented as the estimated total change in future business costs as a ratio of the anticipated costs to implement and maintain the appropriate asset management system. 1F.5 Conduct Business Case Workshop A workshop will be conducted to validate the ROI assumptions and review the recommendations upon which they are based. The recommendations are anticipated to relate to the following program elements: . Level of Service Standards . Asset Data Collection and Storage . Lifecycle Costing and Accounting . Capital Expenditure Validation and Prioritization . Business Risk Management . Asset Creation and Acquisition Standards . Asset Operations . Maintenance Practices Many of these elements will undergo detailed program design in Phase 2 of the project. Some of the elements will be tested during the proposed Team Challenge Task 1.6. 1F.6 Prepare Technical Memorandum A technical memorandum will be prepared that summarizes the business case developed through this task. Task 1G Team Challenae The Phase 1 team challenge project is designed to realize four related but distinct outcomes. 1. Provide a practical solution to a real asset-related and techniques; 2. Provide hands-on experience with asset management techniques and a comfort and familiarity that "text book" learning cannot duplicate; 3. Test the assumptions contained in the ROI analysis; 4. Calibrate the effectiveness measures estimated in other tasks and the magnitude of effort that will be required to achieve the targeted "best appropriate practices" as identified in Task 1 C At this time, it is believed that an assessment of lift station renewal requirements offers a good opportunity to achieve the desired outcomes. The following subtasks are recommended: 1G.1 Perform Criticality Assessment Because the OWNER is embarking on an assessment of sewage lift stations, it is recommended that an assessment of criticality be made of the lift stations. Criticality is discussed in more detail in the Phase 2 scope of work later in this section. 30 ION 1G.2 Select Critical Asset to Analyze Based on the criticality assessment, OWNER, will nominate specific lift stations to be analyzed. Maintenance history data for these assets will be provided to The CONSULTANT, and site visits will be conducted to view them. 1G.3 Select Team Challenge Team and Conduct Planning Workshop A working group of individuals knowledgeable about the lift stations and the data maintained about them will be convened. A planning workshop will be conducted in which the objectives of the Team Challenge project will be discussed. 1G.4 Collect Relevant Asset Data Lift station data related to initial capital cost, annual operating costs, maintenance history, condition, reliability and performance characteristics will be collected. 1G.5 Conduct Maintenance Strategy Workshops Two work sessions will be conducted to review alternative maintenance strategies for the lift stations being studied. The following strategies will be considered: . Managed run-to-failure . Preventive Maintenance . Reliability-centered Maintenance A preferred maintenance strategy will be selected for each lift station and/or components. 1G.6 Populate CAMPTool CONSULTANT will provide OWNER a free software tool for use during the Team Challenge analyses. The tool is called the CAMPTool, which stands for Computerized Asset Management Program Tool. CAMPTool utilizes data to model the financial consequences of different maintenance strategies. 1G.8 Conduct Renewal Plan Development Workshop The maintenance strategy assumptions made for the chosen assets are modeled in the CAMPTool to produce estimates of financial requirements by year for asset renewal (repair, rehabilitate, replace) for a specified planning horizon. The results of this evaluation will be reviewed during the workshop, with adjustments made to assumptions as necessary to ensure that consensus is achieved on both the assumptions and the implications of the outcomes (long-term renewal liabilities). 1G.9 Produce Team Challenge Report Documentation of the Team Challenge project will be drafted, presented to the AMT and finalized based on OWNER comments and requests. Task 1 H Phase 1 Proiect Report A comprehensive report on Phase 1 that sets forth the OWNER's recommended asset management program will be produced in this task. This task includes the following subtasks: 31 ION 1 H.1 Develop Phase 2 Recommendations Develop Program Recommendations Based on the outcomes of all Phase 1 tasks, CONSULTANT will develop a recommended program to achieve the effectiveness and efficiency objectives of OWNER. In producing the recommendations CONSULTANT will retain all relevant elements of Phase 2 and will build appropriate levels of detail into Phase 3. It is understood; however, that the outcomes of Phase 1 may result in a rearrangement of Phase 2 and 3 tasks and priorities. For example, the need to implement new WAMS software (see Phase 2) may need to be deferred/delayed in order to address the integration of existing software systems and processes. If this were to be the case, a considerable change to Phases 2 and 3 may be required. Revise Phase 2 Scope of Services Following OWNER approval of the recommended program, CONSULTANT and OWNER will, if appropriate, negotiate changes to the Phase 2 scope of services of the project. 1 H.3 Produce Phase 1 Report Develop Phase 1 Executive Summary CONSULTANT will produce an executive summary of the Phase 1 effort and the recommended implementation program. The summary will be provided to the Steering Committee in written form and presented at a quarterly governance meeting. finalize All Phase 1 Technical Memoranda CONSULTANT will make revisions to all technical memoranda as necessary to present a coherent and complete record of Phase 1 activities. These memoranda will be incorporated by reference to the Phase 1 report. Produce Draft Phase 1 Report CONSULTANT will produce a draft Phase 1 report with proper references to the technical memoranda, a full treatment of the business case and description of the recommended program. Produce final Phase 1 Report A final Phase 1 report will be produced by CONSULTANT in accordance with changes to the draft report recommended by OWNER. Phase 2: Desiqn The objective of Phase 2 is to design process changes, software tools and organizational development (OD) elements of OWNER's asset management program. The scope of work anticipated for Phase 2, is generally described below. The final scope of work for Phase 2 will be negotiated at the conclusion of Phase 1, including the amount and method of compensation. Task 2A Methods and Procedures Design 32 ION During this task, CONSULTANT will design process changes for seven key elements of the asset management program. Many, but not all of these elements will have been addressed during the Team Challenge in Task 1 F and the decision-making begun during that task will be carried over into the formal design work in Task 2A 2A.1 Asset Register The asset register is the central repository for infrastructure asset information. The register is comprised of database records for individual assets along with a data model that relates each asset to a parent or child asset. This relationship is referred to as the asset hierarchy. Because the OWNER manages a wide variety of street-side, plant, horizontal, vertical, distributed and stationary assets, uniformity in the data model design is the central challenge in this subtask. Anticipated activities in this subtask include: . Develop working structure for all assets - Develop overall asset hierarchy (structure and level of detail) for all assets. . Develop asset inventory and basic asset attribute requirements. . Test for appropriateness and manageability for sample of assets in each Department . Meet with work group and modify . Develop ongoing asset information collection and data entry program/staff responsibilities . Finalize . Refine implementation plan for execution during Phase 3. 2A.2 Services Levels The county and OWNER already has level of service standards (LOSS) built into the concurrency requirements. The service levels to be developed during this subtask are at a more detailed level. Whereas county LOSS is limited to the relationship between demand quantity and supply reliability, service levels in the context of asset management include elements of: . Customer expectations . Worker satisfaction . Environmental quality The activities to be conducted as part of this subtask are listed below: . Review general Phase 1 Service Levels . Revise and develop specific service standards for critical assets/functions within each Department . Develop service metrics . Revise recommend measurement and tracking activities for implementation during Phase 3. 2A.3 Criticality Criticality is a metric that segregates an asset portfolio in accordance with the business risk the asset presents for the County. The OWNER manages an asset-centric business. In this subtask, a design will be proposed for segregating assets into criticality groupings that will help OWNER prioritize 33 ION implementation activities, including the degree to which condition assessments are performed and the timing of the assessments. The activities to be conducted during this subtask are: . Develop working structure for all assets - Develop initial business risk evaluation methodology . Test for sample of assets in each Department - Perform initial business risk exposure (BRE) analysis for all core assets in each department . Convene a work group and modify - proposed BRE procedures. . Finalize . Recommend steps to institutionalize criticality measures and methods during Phase 3. 2A.4 Condition Assessment There are dozens of protocols for condition assessment, and very few industry standards. We believe the key element of this subtask is to develop rules for implementing appropriate levels of- effort for condition assessment. For example, during the first 15 years of a pipeline lifecycle, it may be effective and responsible to base pipeline condition assumptions on statistical analyses of core samples in different soil types. Conversely, at 20 years, it may be more appropriate to conduct sonar signature analysis across certain pipe alignments or to conduct internal TV inspection in accordance with NASSCO standards for each pipe at least once every 3 years. Plant equipment, building facilities, solid waste processing and other assets each require different forms of condition assessment based on maintenance strategy and organizational risk tolerance. The activities anticipated for this subtask include: Assess current county data and relevant procedures . Develop assessment protocols for major classes of assets working with County staff . Test assessment protocols with county maintenance and operations staff . Reconvene workgroup and evaluate results/modify as necessary . Develop ongoing condition assessment strategy/program/staff responsibilities . Recommend condition assessment priorities and implementation elements for Phase 3 execution. 2A.5 Valuation Valuation provides the financial basis for managing assets to achieve maximum service over their lifespan. The value of an asset portfolio should be based upon county accounting practices and industry standards, including GASB-34 and GFOA guidelines. The key aspect of this subtask is to ensure that the OWNER adopts an asset valuation method that either emulates other county methods or is consistent with those methods. Consistency elements of importance include: . Depreciation . Determination of Replacement Cost 34 ION . Relationship of Value to Condition and/or Level of Service The activities anticipated for this subtask include: . Assess current county data and relevant procedures . Develop protocols for major classes of assets working with County staff . Test protocols with county maintenance and operations staff . Reconvene workgroup and evaluate results/modify as necessary . Develop ongoing asset valuation program/staff responsibilities 2A.6 Maintenance Strategy There is not a single maintenance strategy applicable to all classes of OWNER's assets. Most strategies share a common framework referred to as optimal renewal decision-making (ORDM) which is a process used to determine when maintenance intervention is best undertaken and what that intervention should be. The selection of actual renewal strategy is highly asset- and organization- specific. Some common strategies include reliability-centered maintenance (RCM), Usage-based maintenance and predictive maintenance. The activities anticipated in this subtask include. . Initial workshop on maintenance purpose and objectives . Develop overall asset management plan and supporting maintenance organization structure/responsibilities from tasks above . Identify maintenance employee development needs . Identify individual maintenance plans/strategies business rules for various types of assets and classes of assets . Workgroup to formulate initial maintenances strategies for most critical assets . Develop ongoing documented maintenance strategy/program/staff responsibilities . Review with key managers . Recommend implementation priorities for Phase 3. 2A.7 Capital Improvement Evaluation The capital project evaluation process is likely to be identified as a high priority element of the OWNER's asset management program. Concurrency - and the regulatory framework that supports it - is integrally related to asset management practice. The capital projects nomination, validation and prioritization process is where the relationship lies. Activities anticipated under this subtask include: . Assess current county data and relevant procedures . Assess County validation/prioritization processes . Develop alternative approaches based on the earlier work for asset mgmt . Reconvene workgroup and evaluate results/modify as necessary . Develop ongoing CIP evaluation program/staff responsibilities . Finalize and write up 35 ION '1 Task 2B Software System Requirements and Selection Whereas OWNER utilizes a number of software products that are or can be used to support asset management, the purpose of this task is to determine the most cost-effective software solution to support the asset management methods and procedures designed in Task 2A. The CONSULTANT will demonstrate representative software applications to give OWNER a general idea of the typical features of commercial software packages, or - as appropriate - to demonstrate how software presently owned by OWNER may be more effectively utilized for asset management purposes. The CONSULTANT will organize the requirements into modules, or collections of functions. These modules will correspond to the methods and procedures designed in Task 2A. Each module will be described in the format shown below: Element Description Purpose What the module does. Process Model How the module would implement methods and procedures Functionality Specific functions supported by the module Data Requirements The data required for the module to deliver core capabilities (with reference to Task 10 Reporting Requirements One or more reports that support OWNER's selected KPls System Interfaces A description of the automated interfaces to other modules that the module must support Based on the findings of the preceding task, the CONSULTANT will recommend one of three strategies for acquiring necessary functionality. . Deploying functionality from an existing software application that has not yet been utilized; . Acquiring from a vendor either a stand-alone function, or, more likely, as part of a wider ranging application; or . Developing custom "plug-in" applications or middleware to integrate with existing systems. Where a vendor solution is recommended, the CONSULTANT will identify vendors who have available relevant applications that the CONSULTANT has identified as mature and robust enough for consideration. Where a custom application is recommended, the system specifications addressing required business-logic, sample screens, reporting and core architecture will be described. The current system description, the needs assessment, and the functionalities descriptions and rankings must converge into a strategic IT deployment plan. . Expanding the deployment of the SAP Enterprise Resource Planning (ERP) package, focusing on integrating best practice based AM business processes with existing or designed SAP functionalities; 36 ION . Better integrating existing "siloed" applications to construct as much of the required functionalities as possible from existing applications; . Acquiring specialized AM package/applications for common OWNER-wide core functions such as risk-consequence analysis and optimal renewal decision-making where such functionality does not exist or is insufficient; or, . Combinations of the above. At this time, we assume that the deployment plan will consist of a 30% systems integration design and one or more RFPs for commercially-supplied software. If commercial software procurement turns out not to be the recommended path, the subtasks below will be revised. The subtasks envisioned for this work are as follows: 2B.1 Procurement Procedural Requirements and Market Strategy 2B.2 Integration Strategy and 30% Design 2B.3 Work and Asset Management (WAMS) Draft Functional Specifications 2B.4 Vendor RFI 2B.5 Vendor/product Short-list 2B.6 Product Reviews 2B.7 Work and Asset Management (WAMS) Final Functional Specifications 2B.8 RFP Development In is our understanding that assistance with vendor/product selection, if desired, would be contracted as a Phase 3 work assignment. Task 2C OrQanizational Development Plan Most of the organizational development planning we anticipate being required for the asset management program will take place during Phase 1. During Phase 2, we recommend that specific development priorities be specified in writing for use in implementing change during Phase 3. The subtasks anticipated as part of Task 3 are: 2C.1 Confirm vision, strategic goals and organization culture 2C.2 Define roles, responsibilities and organization structure 2C.3 Develop staffing and hiring plan 2C.4 Develop training and development plan 2C.5 Develop internal communications plan Phase 3: Implementation It is anticipated that the Asset Management Program will be phased over several fiscal years. It is the OWNER's intent to engage CONSULTANT as needed during the program implementation. The 37 ION scope of work anticipated for Phase 3, will be negotiated at the conclusion of Phase 2. Services may include the following: Process . Business Process Improvement: Services include activities to test and finalize revised business processes designed in Phase 2. Also included is the assistance with establishment of equipment hierarchies, criticality indices, maintenance practice modifications, implementation of revised maintenance procedures and revisions to equipment inventories. . Development of Performance Measurement System: Include implementing a KPI (Key Performance Indicators) measurement system and assisting County staff with it use and techniques for management by KPls. . Equipment and Infrastructure Condition Data: This work includes a cost effective approach to collecting condition information for County assets starting with the critical assets. . Technology . Technology Selection (if required): Includes assisting with the selection of technology systems specified in the previous phase. . Technology Implementation Management: This may include software system implementation, contract management and system testing/acceptance for systems that may be necessary to meet the program goals. . Technology Development: CONSULTANT may be engaged to develop software applications within technologies currently in use or within newly procured systems. This may also include software interface development and testing as may have been defined in the previous phase. Oraanization . Change Management Services: This includes services to work with OWNER staff in an effort to address and mitigate the inevitable concerns that will arise due to change in work processes and requirements. . Testing and Rollout: It is anticipated that the Implementation Plan will have defined several tests. The consultant shall assist with developing the testing program details, monitoring their effectiveness and rolling out the programs to the broader organization. 38 ION SCHEDULE A, ATTACHMENT A SCOPE OF SERVICES Deliverables -'" ~ '" Deliverable Type OWNER Involvement c- 1A.1 I. Proiect Quality Management Meeting Meeting PM and Steering Committee Attendance 1A.2 2. Proiect Schedule - Revised monthly Document Project Manager Review IA.2 3. Invoicing - Submitted monthly Document Project Manager Review 1A.3 4. Progress Report - Submitted monthlv Document Proiect Manager Review IA.3 5. Progress Meetings - occur monthly Meeting Project Manager/AMT optional 1AA 6. Proiect Website Login reouired of all oarticipants 1A.5 7. Governance Meetings - occur quarterly Meeting PM and Steering Committee Attendance 1B.2 8. Preparatory Reading Material Document To be read by oroiect participants 1B.3 9. Vision workshop Meeting PM and Steering Committee Attendance IB.3 10. Charter Workshoo Meeting PM and AMT Attendance IB.4 II. Charter Statement Document PM and AMT Review. Steering Committee Approval IC.2 12. Grouo Interviews (II) Meeting Three-7 OWNER representatives at each meeting IC.5 13. Findings Workshop Meeting PM and AMT Attendance 1C.7 14. BAP Workshops Meeting PM and AMT Attendance/Select others oPtional IC.S IS. TM#I: Assessment of AM Practices Document PM and AMT Review. Steering Committee Annroval IDA 16. IT Findings Workshop Meeting PM and AMT Attendance/Additional IT representatives as aoorooriate 10.6 17. TM#2: Assessment oflT Snpport Document PM and AMT Review. Steering Committee Approval for Asset Management IE.2 18. Organizational Assessment Workshops Meeting Organization Assessment Workgroup attendance (3) IE.5 19. TM#3 - Asset Management Document PM and Workgroup review. Steering Committee Organizational Assessment. Aonroval IF.5 Business Case Workshoo Meetin~ PM and AMT Attendance IG.3 Team Challenge Kick-off Workshop Meeting PM and Team Challenge workgroup Attendance IGA Maintenance Strategy Work sessions (2) Meeting PM and Team Challenge workgroup Attendance IG.6 CampTool Software PM 1G.8 Renewal Plan Development Workshop Meeting PM and Team Challenge workgroup Attendance IG.9 TM#4 - Phase I Team Challenge Document PM and Team Challenge workgroup review. Steering Proi ect Committee approval IH.3 Phase I Executive Summary Document PM and AMT Review. Steering Committee Approval IH.3 Phase I Report Document PM and AMT Review. Steering Committee Approval 39 ION SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project progress status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Task items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention Of: Trevor Trinkaus, GIS Manager Public Utilities Engineering Division 3301 Tamiami Trail East, Building H, Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM Task NOT TO EXCEED AMOUNT: 1A. Proiect Manaoement $ 76,208.00 1B Vision and Goals $ 15,888.00 1C Gap Analysis $ 87,188.00 1D High-level Technology Assessment and $ 71,488.00 Plans 1E Oroanizational Assessment $ 39,728.00 1F Business Case $ 38,248.00 1G Team Challenoe $ 62,160.00 1H Phase 1 Proiect Report $ 37,328.00 Not-to-Exceed Fee for Reimbursable Expenses for all Phases $ 19,710.00 TOTAL FEE (Total Task) $447,946.00 40 ION B.2.2. Direct Labor Costs should be actual hours spent by CONSULTANT'S personnel times the billing rates established in Schedule B-Attachment B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to 41 ION exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. 42 ION SCHEDULE B -ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Task 1A. Proiect Manaaement: Not to exceed . Governance $ 76.208.00 . Management . Progress Meetings . Document Management . Quality Control/Assurance Task 1 B. Vision and Goals: Not to exceed . Review Existing Strategic Planning Documents . Provide Preparatory Reading Material to Division Representatives . Conduct Vision and Mission Workshop . Develop Charter Statement $ 15.888.00 Task 1C. Gap Analvsis: Not to exceed $ 87.188.00 . Collect Current Performance Data . Conduct One-on-one and Small Group Interviews . Compile and Document Interview Findings . Review Findings . Conduct Findings Workshops . Develop Efficiency and Effectiveness Measures . Conduct Best Appropriate Practice (SAP) Target Workshops . Produce Technical Memorandum on Asset Management Practices 43 ION Task 1 D. High-level Technology Assessment and Plan: Not to exceed $ 71,488.00 . Meet With County IT Representatives . Review Enterprise Software Licenses and User Profiles . Review SAP Configuration (3a) . Review County GIS Data Standards and Geodatabase Design (3b) . Review I-n Hance Utility Information Management System (3c) . Review Allmax Operator 10 (OP-10) Deployment Strategy (3d) . Conduct IT Assessment Workshops . Perform Follow-up Reviews . Produce Technical Memorandum on IT Assessment Task 1 E. Oraanizational Assessment: Not to exceed $ 39. 728.00 . Establish Organizational Assessment Work Group . Develop Alignment Assessment (2a) . Develop Involvement and Communications Assessment (2b) . Develop Accountability and Incentive Assessment (2c) . Develop Training and Staff Development Assessment . Produce Technical Memorandum on Organizational Assessment Task 1 F. Business Case: Not to exceed $ 38.248.00 . Regulatory Requirements . Quantification of Program Benefits . Program Cost and Risk Assessment . Return-on-investment Analysis . Conduct Business Case Workshops . Prepare Technical Memorandum on Business Case 44 ION Task 1G. Team Challenae: Not to exceed . Perform Criticality Assessment . Select Critical Asset to Analyze . Select Team and conduct Planning Workshop . Collect Relevant Asset Data . Conduct Maintenance Strategy Workshop . Populate CAMPTool . Conduct RRRP Development Workshop . Product Team Challenge Report $ 62,160.00 Task 1 H. Phase 1 Proiect Report: Not to exceed . Develop Phase 2 Recommendations . Produce Phase 1 Report $ 37,328.00 Total for Tasks 1A through 1H $ 428,236.00 Reimbursable expenses not to exceed Total: $ 19,710.00 $447,946.00 45 ION SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Professional Title Hourlv Fee Vice President Principal/Associate Financial/lIT Management Consultant Project Engineer Design lIT Technician Administrative Assistant $ 225.00 $ 170.00 $ 145.00 $ 115.00 $ 75.00 $ 57.00 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 46 Asset Management Schedule (Revised 3/30/(7) RFP 005.4049 T T.l1ikO""-tlpllo" 1A Pn"ctM,ma<.m""t Gov"rn~~c" M~M em~nt Pro '''~~- M""ti~ s otume~l ~nagernent 5 uahly ont'oll .su'a~c" lB VlslOll IIIIdGoals. 1 !!\"\!W _~'tMq Irat"91r. I~"n'ng ~tWmenl~ 2 ro,.;~ rBlul~lmf Mdmg ate,i&1 t" '''sinn ~p"'~~~tal'''''$ an uet 'slonan ,SSIW o"'s_~P 4 Del''':'' Ch~rl~, Stal~mer,l 1C <>.1 Alml Is. 1 ColI"ej C~"e"tP"rto<m.mcer'al& 2 Condutl One,-_or..ooe.i~_d Sm'-'!.'_:9:'_?.'!I'l~I!,Nl~wt 3 Com ,I~ and Oowmerd 1~ler""'''' Fj~Qmqs 4 RlA'IE'WFindins 5 Cond<jCl Fln<i,n~tWOr"Bhop; 6 O'1"Bll)pEffic'Bnc- "nrifffecti"'neHMeaf~'." 7 Condutl Bet! ro riat"P,act,c& SftF"Ta' ~IWt>,hho ~ 8 Produce THhn;c~1 Memor~no\lm on A~Slrt M~n~ ~mMt Pract't&s Hll, , !Wi_, l"form~lIon ol~m l1!'Vi~",-Ailma~ 0 er~t-;' {Q~OP-1' --us lo"ment Slral. .. COflductITAs,essmenIWo,hhop, P~rfur;r-,Fall~qe,'ews PiX'duce TechmOI M.mq'an'Jum M IT At".essry'em IE illllzatlon.lIANseS\i.lll&nl E9tabl"'1l Or ~n'Htiorlal A"s~:,;~r"enl W",k Gmu Develo Ali rlmerlt ASS~~1,n~~1 Deveio~ Irwolvlimem and Ccmmuni"31'Dn~ A~Se'$mMI 20 0~e:o Accou~!"bl!'.!l_~"d l"c~"IoW A!s~,.menl _____ 01:'-.>10" T,ain"l ~nd Sl"jf De-."I'J:lm~m ,,,,,'_3_ess,-"~,,,!____ ____~__ _____ 4 Produce Techn,c"~!..!.'I.~?,!:!,.~.?::.m ~,:!_q,~9.~2',:o~io~_~lf!'."c~_e,;sm.~."'. IF B,l!lill/!'i$filU' 1 Re 'JI~ID' Re U"""'MIS 2 Quantific-al,on cj P,p r~m B~"efil5 ,3 Pf~ ,em Cosl and Ris. AS1:O%mem 4 R"lum-or,.i""estm~~1 A,,~i cic S C""dud 80,i",",s. ('as~Wor\("ho ~ 6 p," lI'" Te~h~;c~1 Memora~dJm (>n Bus;n"'H C'M" H. T""IIlChall"",,, 1 Pel1Nm Ctlll:~I~', Ao~Hom~."j - 2 Sete;;t C~l'c;'i A;i~i t;--An~1 . . 3 Selet1 J Collet! S Condu("1 Ma;nlenanceSt'~t~-vWorkohD 6 Pa lJ1:M CAMPTool Conduct RRI1P De-<.IQ m~nllN&{h~I" 8 Prod\lc~ Turn Ch~lie"q~ R~ 'on 1H Ph""" 1 ho .ctRep",j 1 Davelor Ph~'e 2 P~,D"'m""d~li~~~ 2 P'ori"c~ Ph..~ 1 Ra orl SCHEDULE C PROJECT SCHEDULE . . . 1 . , 1. M 11 13 N 1~ n n u u ~ n n n N l~ >> 11 -, , , " +, In 47 ION n 11 >> Jl l1 J) ). )!i un>> )t <It ION 'j Ac6RD::f\i\~q~'r~:;llfi(~i1~lilil;ffii~.~"",,".,t:i .., . .. ...,,,!!!>.~A~h~,,,_~,._..,~~. ..,,,..,~ PRODXg~ Ri sk Serv; ces Inc. of Massachusetts THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 99 Hi gh Street ' AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Boston MA 02110 USA CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATECMM/DD/YV) 12/21/06 PHONE-'866' 283 7124 t....SURED camp Dresser & M~Kee Inc. ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET CAMBRIDGE MA 021390000 USA FAX_ (866' 430-1035 INSURERS AFFORDING COVERAGE INSURER A: INSURER B, zurich American Ins Co American zurich Ins Co INSURERC: Lloyd's of London INSURER 0: INSURER E, tnliiS Gertif'lcateJs~'n.bniitende<HQ'" i iill,endOiStm'icnlSi'cOVenf .' teons<~:cotidi-'i.:msamh~:X:clt.1s:ioiis'6ftbel 'o1icjes:,showrt;--:' "~IR?_MaY..,'APplv TIlE roUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR mE POLICY PERIOD INDICATED, NOlWITHSTANDTNO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEkTlFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRlBED HEREIN IS SUBJECT TO ALL THE 1CRMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HA VB BEEN REDUCED BY MID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTJV( POLlCV EXPIRATION DATE(l\ll'ol\DD\YY) DATE(MM\OD\V\') LIMITS A CENERAL UABILlTY GLo8376632:11 Commercial General Liability FIRE DAMAGE(Any Ollll fuel MEOE-XP(AnyoncpcrsoR) PERSONAL &. ADV IN1VRY 01/01/07 01/01/08 EACH OCCURRENCE $1,000,000 $100,000 $10,000 $1,000,000 $2,000,000 12,000,000 ~ COMM~RCI^L.OEN~RAL.UABIUTY CLAIMS MADE 0 OCCUR I- GENERAL AGGREGATE 00"'N,'I. AGGREGATE UMlT APPLIES PER: OPR!). D X poue" lECT LOC PRODUCTS - cm.mop AGG A _AUTOMOBILE LIABILITY .:. ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS !. HIRED AUTOS !. NON OWNED AUTOS BAP 8376631-11 BUSINESS AUTO COVERAGE 01/01/07 01/01/08 COMBINED SINGL.E UMIT (Ellaoxident) $2,000,000 BODllYINJUIlY (PcrpCWlR) BODlL Y lNJURY (Per accident) PROPERTY DAMAGE (Pt. accident) GARAGE UABILln' ~ ANY AUTO EXCESS LlAfUUTY :J OCCUR D CLAIMS MADE h DEDUCTIBLE o RETENTION AUTO ONLY EAACCIDENI OTllER THAN AUTO ONLY : EAACC AGG EACH OCCURRENCE AGGREGATE . wc837663312 WORKERS COMPENSATION 01/01/03 01/01/07 X ~~RY ~it1~u..-1 I~:H- E.L. EACH ACCIDENT n,ooo,OOO $1,000,000 Sl,OOO,OOO B,OOO,OOO $3,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. DISEASE-POLICY UMIT E_L. D1SEASE_EA EMPLOYEE c QK0701367 Prof Architects & Engineers 01/01/07 01/01/08 Per Occurrence uso AggregateUSD OIliER @Archit&EngprOf DESCRIPTION OF OPERATlONSfLOCATlONS/VEHICL.ESfEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL fROVISIONS RE: RFP Number: 06-4049 - public Utilities Division Asset Management Program Development and collier county Board of County commissioners is added as an additional insured in regards to auto liability. "ER"i'mtd% .... ,1)' >/'" '.:>,'::>. Imp 1 ementati on. general liability and '. '<'", collier county Board of county commissioners Naples, Fl 34112 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY \V1LL ENDEAVOR TO MAIL 30 DA VS WRlITEN NOTICE TO THE CERTIFICA IE HOLDER NAMED TO THE lEfT. BUT FAlll;RE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KlND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORlZEDREPRESENTATIVE ~~~~~ r..P r ,-'- ":c.r: '~L't}'.;i:-;'S'r' \),;.< '.'j-,:'}:~, ):?:M':', :/-;:\i:!'.L }::,;:"r.:,' _ .-.'iCY~.; '-::.,'~i}~?~'f>&{7~~"; .: ~,';,~:: ":~, . 1 ,,-,:,:,,~ .- " .Ar(\RD'rhRP"""'tIKN:lri.. , ~ !5 <;; ~ '" ~ ~ . == .-< o o ~ ~ .. o N o o "- ~ . z .!l ~ !g , ~ U - ~ ii ~ - ""'" ::'! E 2 ~ "'-' ""'" ~ ....... ...-_" g ~ - ION SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Consultant! Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Consultant shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 48 ION (7) Consultant shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Consultant not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Consultant shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes -- No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant! Professional during the term of this Agreement for all employees engaged in 49 ION the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No so ION (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." SI ION (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _Applicable _X_ Not Applicable 52 ION PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. 53 ION (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. 54 ION (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. 55 ION (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes -- No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1 ,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 56 ION SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Camp Dresser & McKee Inc. LLC hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Public Utilities Division Asset Management Program Development and Implementation are accurate, complete and current as of the time of contracting. Camp Dresser & McKee, Inc. (COM) BY: 1u~47)/~,H I TITLE: t4CE i1<es/beN~T DATE: OJ 3'cY7 57 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the BO<lrd has taken action on the item.) ROUTING SLIP 12C Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exec tion of the Chairman's si ature, draw a line thrau h roulin lines #1 thrall' #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date (List in routin order) I 3. 4. 5. Sue Filson, Executive Manager -- ---- Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (rhe 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 Bee Chairman's signature are to be delivered to the BCC ollicc only after the Bee has acted to approve the item.) Name of Primary Staff 1<(... v j I-I -1 Ie t'.~\)f.?IC Phone Number 5f:.)44 Contact K,:~.~ --, ( -. ~.::.- .~) Agenda Date Item was -1 .?1 07 Agenda Item Number I 2 C Approved by the BCC <: Type of Document Tl:''- { , v- - /\('~~~, C_t\f~t,:,-L--' ~\ Number of Original I 0:>\( ,- Attached . t~" ~ \/"c. "'- Documents Attached r.:, 1/- '.""t;. ,S INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County 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 licable. 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 v should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the Bee on 2<.] (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. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26,05, Revised 2.24.05 12C MEMORANDUM Date: April 26, 2007 To: Kevin Hendricks, Right-of-Way Manager Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Purchase Agreement Enclosed please find one copy of the document as referenced above, Agenda Item #12C, as approved by the Board of County Commissioners on Tuesday, April 24, 2007. The exhibits can be located online. If you should have any questions, please call me at 774-8411. Thank you, Enclosure 12C MEMORANDUM Date: April 26, 2007 To: Deborah Farris, Administrative Transportation Right of Way Department From Teresa L. Polaski, Deputy Clerk Minutes & Records Department Re: Purchase Agreement Enclosed, please find one (1) copy as referenced above, approved by the Board of County Commissioners on Tuesday, April 24, 2007 (Agenda Item #12C) If you should have any questions, please call me at 774-8411. Thank you. 12C PROJECT: PARCEL No(s): FOLIO No(s): PURCHASE AGREEMENT (For Improved Property) THIS PURCHASE AGREEMENT is made and entered into on this 24 t). day of A P R I L , 2007, by and between RICHARD GRECO AND LYNN GRECO, husband and wife, whose mailing address is 404 North Adams Street, Quincy, Florida 32351, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at 771 23rd Street NW, Naples, Florida, and more particularly described as ALL of Tract 16, Golden Gate Estates Unit No.7, according to the plat thereof, recorded in Plat Book 4, Pages 95 and 96, of the public records of Collier County, Florida, together with all buildings, structures and improvements, fixtures, built-in appliances, ceiling fans, floor coverings and window treatments, and the personal property, if any, located thereon, (hereinafter collectively and cumulatively referred to as "Property"), free from liens; and WHEREAS, Purchaser requires the Property for right-of-way purposes as part of the Vanderbilt Road Extension Project; and WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the Property subject to the terms and conditions that follow. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be $1,283,988.00 (U.S. Currency) payable at time of closing. If this Agreement includes an occupancy provision, the Purchase Price stated above will include a deduction for all occupancy fees due under the term of this Agreement. 3. CLOSING A. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before June 1, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom-clean and working condition, and free of all debris upon vacating the premises. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Page 1 of 8 12C At or before the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 1. Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1. A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in "Requirements and Conditions" below, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro-rations as hereinafter set forth. D. At Closing Purchaser shall pay Seller's attorney's fees, to the firm of GrayRobinson, P.A., in the amount of $7,000.00, and Purchaser shall pay Seller's appraisal fees, to the firm of Calhoun, Collister & Parham, Inc., in the amount of $4,000.00. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance wiih Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of condemnation, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Article 8, "Requirements and Conditions" below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. E. Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 4. PROPERTY CONDITION DISCLOSURES Page 2 of 8 12(~ '" A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following disclosure: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. 5. INSPECTIONS A. Insoection Period. Purchaser shall have 30 days from the Effective Date (Inspection Period) to have the Property and improvements thereon inspected at Purchaser's expense, and Seller shall provide access to Property for same. B. Walk-Throuqh Insoection. Purchaser (or a designated representative) may conduct a walk-through inspection of the Property prior to Closing and prior to possession, to confirm: (1) that the personal property items which are being conveyed as part of this Agreement remain on the Property, (2) that the personal property items which are not being conveyed as part of this Agreement have been removed from the Property, and (3) that Seller has maintained the Property as required in Article 3. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk-through inspection. 6. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for ordinary wear and tear. Any future loss and/or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense. 7. REQUIREMENTS AND CONDITIONS FOR CLOSING Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within Page 3 of 8 12C said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection, or may terminate the Agreement. C. Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the Effective Date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway. Purchaser shall have sixty (60) days from the Effective Date of this Agreement to notify Seller in writing of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within sixty (60) days from the date of receipt of said notification, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Article in entering into this Agreement and warrants the following: A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. C. The warranties set forth in this Article are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. D. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Page 4 of 8 12C" F. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. G. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other hazardous substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. H. Seller has no knowledge that the Property, and/or that Seller's operations concerning the Property, are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. I. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Effective Date of this Agreement. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would adversely affect the zoning or physical condition of the Property or its intended use by Purchaser. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. Page 5 of 8 1'" ~: ,-',. >>..0....." L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 9. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to Purchaser: With a copy to: If to Seller: With a copy to: Transportation Engineering & Construction Management Attn: Kevin Hendricks 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-213-5844 Fax 239-213-5885 Heidi F. Ashton Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239-774-8400 Fax 239-774-0225 Richard Greco 404 North Adams Street Quincy, Florida 32351 W. Campbell McLean GrayRobinson, P.A. 201 North Franklin Street Suite 2200 Tampa, Florida 33602 Telephone 813-273-5000 Fax 813-273-5145 The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice shall be deemed given in compliance with this Article upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or receipt of personal delivery. 10. MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which Page 6 of 8 12;'1 together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. C. Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. D. Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. E. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. F. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. G. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. H. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to s. 286.23, Fla. Stat., under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) I. This Agreement is governed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. L. TIME IS OF THE ESSENCE to this Agreement. M. Seller may not assign, sublease, or license any rights arising under this Agreement without the written consent of the Purchaser. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Page 7 of 8 12C Acquisition Approved by BCC pursuant to Resolution No. 2006-142 approved on the 6th day of June, 2006, agenda item no. 10A. AS TO PURCHASER: DATED:.q -24 -('7 \"'1';1,1" ATTEST:.' ~t: T ~:t%:rS(L, JX . . . Deputy Clerk ~Uest as to Cita lrf<l4f1 s ~~~~,~. /0 ~ . , ~~~~~~ ~~~~~re) (I UflW1CJ ;\;~ Cl1 \! k(~ f e CrD k'"-:'cY Name (print or ype) ,~~{:>r ~W Witness (Signature) (;thli-A: /(;/'4r Name (Print or Type) ....-\~ ? /~"'~-------_/ Richard Greco \ lJ'u\)k(ltt- Cf)":'Jl2LtJ nes Signa re) D 'v\ ,- 1.fL (V fDkSCL1 Print or ype) J ~A~ -r &'C;V/, Witness (Signature) iZ fC tv:/, ti--;-;oJ kr r Name (Print or Type) " I n. ( .. , , - , ;>-t-r- , ( C'i / ," Ie C Lynn Greco Approved as to form and lensufficiencr: '--- -wi; / Heidi F. Ashton Assistant County Attorney # 814860 vi item # lcZC:~ AgoCida l-{/a~ (P+ I Date . I Da~ ~c4-1 ~8~\; Deputy Clerk Page 8 of 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A+/z-'f TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , .,. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ' _J 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 aftl'r the Doard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the exee tion of the Chaimlan's si nature, draw a line through roulin ' lines # I throu 'h #4, com lete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners ~~ ry 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Nunnally the primary contact is the person who created/pn:pared the executive summary. Primary contact information is needed in the event one ol"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 he delivered tll the Bee office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached ~~-:t-s; lla. A. ~ I Yes (Initial) N/A(Not A hcablc) i2.t. v')- q I ~. ~' )Vlct. N/A is not an option for line 6. \tl?,..,j I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signcd/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bce Chairman and Clerk to tbe Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the Bee 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 rotiated 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 BCe office witbin 24 hours of [lCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCe on (enter date) and all changes made during the meeting have been incorpora cd i the attached document. The Countv Attorne ,IS Office has reviewed the chan PS, if a licable. I: Forms/ County Forrns/ Bce Form~/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: April 26, 2007 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-91 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A3), approved by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure 16A3 16 11 .... ': '5 RESOLUTION NO. 07-.2.L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CASTLEWOOD AT IMPERIAL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 39, PAGES 81 THROUGH 82; 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 CASTLEWOOD AT IMPERIAL HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 3, 2002 approved the plat of Castlewood at Imperial 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 Castlewood at Imperial , pursuant to the plat thereof recorded in Plat Book 39, pages 81 through 82, 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 Castlewood at Imperial Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this J.. f day of ~ ,2007. DATE: ATTEST; ;. ":."f DwIGHT E:BROCK, CLERK ~..~~tiK - Attest as.tCl re~lj~el} ,'l'lQniltur~ '~n I.' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~ . JAMES CO , AN '"1 Approved as to form and legal suffici cy: . ri t t Collier County Attorney Item # (loA 3 6~~~!O W {CJ.i ~ Date LL hr.l10 . f.d ~TI ~Pdt L\ 10 Ra, Millo=?- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Appli~ble column, whichever is appropriate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan' s signature line date has been entered as the date of BeC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are rc uircd. 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 BeC approval. Some documents are lime 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 04/24/07 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 the executed ori inal document to Scott R. Teach, ACA It, &~ Print on pink paper. Attach to original document. Original dncumcnts should hc hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's silmature, draw a line throut!h routint! lines #1 through #4, comolete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) l. -- --,--~-_.-- .,------.------ .. ._--. -- ---- ------------------------ 2. -. .-. ----- - --.-'--- - ----------- .--~ 3. - - - - ---- 4. Scott R. Teach, ACA County Attorney 5'121 06111/07 5. Sue Filson, Executive Manager Board of County Commissioners 6. Scott R. Teach, ACA County Attorney 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 he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Scott R. Teach, ACA Phone Number 774-8400 Contact Agenda Date Item was April 24" 2007 Agenda Item Number 16-B-2 Approved by the BCC Type of Document Agreement Between Royal Wood Master Assn., Inc. N umber of Original One Attached and Bee Documents Attached 2. 3 4. 5. 6. 7. Yes (Initial) SRT N/A(Not A licable) N/A SRT SRT N/A SRT SRT 1: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <,matter_numher>>/(<documencnumher>> 1682 Agenda Item No. 16B2 April 24, 2007 Page 4 of 49 AGREEMENT THIS AGREEMENT (the "Agreement") is made this 7 ~ay of ~1 ,2007, by and between the ROYAL WOOD MASTER ASSOCIATION, INe. ("ROYAL WOOD"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("COUNTY"). WIT N E SSE T H T HAT: WHEREAS, ROYAL WOOD is a Florida corporation and owner, in part, of a golf course and common areas of that certain real property located in Collier County, Florida more specifically described on composite Exhibits "A" and "D" attached hereto and made a part hereof (hereafter, the "Property"); and WHEREAS, COUNTY desires and plans to install, construct and make improvements on and around the Property consisting of the construction of weirs, box culverts, modifications to existing canals and the construction or improvement of such other structures to enhance the flow of stormwater in the area as part of COUNTY's Lely Area Stormwater Improvement Project ("LASIP"); and WHEREAS, the LA SIP is such that it will primarily be located upon and throughout the Property; and in the course of the LASIP COUNTY will necessarily require ingress and egress to move supplies, equipment and personnel to construct and perform maintenance on and throughout thc Property; and WHEREAS, ROYAL WOOD recognizes and acknowledges COUNTY's need to cnter onto the Property to facilitate completion 0 f the LA SIP , as well as the need for perpetual easements to enable COUNTY to maintain installed structures rclated to LASIP; subjcct to COUNTY providing certain assurances as specified herein pertaining to the preservation of ROYAL WOOD's Property; NOW, THEREFORE COUNTY and ROYAL WOOD hereby agree, for and in consideration of the sum ofTEN DOLLARS ($10.00), their mutual covcnants contained in this Page 1 of9 __O:llCl ..-.s -= I:""" tD .........._c-l" DO ,., '" CD :x:f ::11IOI -. ...0 =-... ~_o ~ n... DO = DO "" o ... ...,., ...~ = - ~ o o ,., ,., = DO ~n _0 -,., ~~ - DO ~~ g...... .,J:::Io ~ '" c::> .. .... '-'> C""I"';:r~ :;:0 c......> .. _ r-....> :::: ::= (..,n ...n =-!;: C> ~I:"""~ ~,., ... DO =n ......~ ..r:::- ~~ I"-l' ""0 .- ,.,~~ C> nn !"'~~ n:::: Q: I:""" _ ... "",., ,., "'a~ =~ ~u:> :"" a-. - ~ n,., C> DO _n ~ DO _ ~ DO DO ~ ~~ ~~ == == OR: 4242 PG: 2297 16 82 Agenda Item No. 1662 April 24, 2007 Page 5 of 49 Agreement and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, as follows: I. Recitals. The foregoing recitals arc true and correct and incorporated into this Agreement by this reference. 2. Rieht of Entrv. ROYAL WOOD, as owner of the Property, does hereby grant to COUNTY a temporary license and right to enter upon the Property more particularly described in Exhibit "A" (Royal Wood Country Club LASIP ERP Application Plans dated September 2006), and Exhibit "D" for construction of culvert structures, pond excavation and other related activities until the LASIP improvements have been concluded on the Property as identified in Exhibit "8" (LASIP structures construction schedule). This right of entry shall include allowing any necessary temporary driveway access to facilitate entering the Property. The rights and interests granted to COUNTY herein are conditioned upon its reasonable exercise of that privilege and COUNTY and ROYAL WOOD shall coordinate together as to the most effective means of accessing the Property and delivering equipment, materials and personnel to the various construction sites. COUNTY shall not unreasonably interfere with ingress and egress to the Property during the period of construction and maintenance of the LASIP utility and drainage improvements. COUNTY's right of entry upon ROYAL WOOD'S Property is contingent upon no other provisions, conditions, or premises other than those so stated above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If COUNTY does not start actual, physical construction by the date identified in Exhibit "8" then all construction activities contemplated by this Agreement will bc postponed until April 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement, and this Agreement and all associated exhibits will remain in effect under the new start date. COUNTY agrees that, should any improvement contemplated by this Agreement not be completed by September 2, 2007, ROYAL WOOD shall have the right to require, by written notice, that all construction and work hereunder be stopped, all supplies and materials that are not installed in their final location be removed or relocated to a mutually agreed upon location on the Property, and all equipment be removed or relocated to a mutually agreed upon location on Page 2 of9 OR: 4242 PG: 2298 16 F) Agenda Item No. 16B2 April 24, 2007 Page 6 of 49 the Property, In the event ROYAL WOOD elects to provide such a written notice pursuant to this paragraph, COUNTY may resume construction in April, 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement. The COUNTY and ROYAL WOOD agree to conduct status meetings at mutually convenient times, but not less than bi-weekly beginning with the date of this Agreement, at which meetings COUNTY agrees to provide all known information relating to the progress, schedule and anticipated events concerning the construction of the improvements contemplated by this Agreement. 3. COUNTY. In connection with COUNTY's LASIP on the Property it agrees to undertake the following: A. COUNTY will construct LASIP Weir Structure LCB-OO-SOISO, as part of the Santa Barbara Boulevard Extension Road Project (hereafter, the "Road Project"), which structure will be located at the southwest corner of the Property adjacent to Rattlesnake Hammock Road as depicted on Exhibit "A." B. COUNTY will undertake all reasonable efforts to construct LASIP Box Culvert LCB-13-S0090(P), which it contemplates locating north of the midpoint of the Property, along and upon the western boundary of the Property alongside the west side of the fairway as depicted on Exhibit "D." Construction of LA SIP Box Culvert LCB-13-S0090(P) is not bound by the schedule in Exhibit "B," but shall be constructed as identified in the LASIP Master Plan, COUNTY will compensate ROYAL WOOD for the reasonable costs for restoring its golf course facilities, which may be disturbed during construction of structure LCB-13-S0090(P). As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid and shall be subject to final approval by COUNTY, which final approval shall not be unreasonably withheld. C. COUNTY will construct LASIP Structures LCB-OO-SOISI, LCB-00-SOIS3, LCB- 00-SOIS4, LCB-OO-SOISS, LCB-00-SOIS6, LCB-OO-SOIS?, and LCB-00-SOIS8, as part of Page 3 0[9 OR: 4242 PG: 2299 Agenda Item No. ~l) B 2 April 24, 2007 Page 7 of 49 the Road Project, all of which are located on thc Propcrty as identified in Exhibit "A." COUNTY will file all and any necessary applications with the SFWMD to amend the ROYAL WOOD water management permit, with ROYAL WOOD'S cooperation and assistance, if necessary, to provide for the construction of the aforementioned structures referenced in Exhibit "A" and "D." D. COUNTY will construct right-in right-out access, including a 2" sleeve under the pavement at the maintenance facility extending out onto Santa Barbara Boulevard from the Property in the vicinity of the east/west alignment of Polly A venue and the existing turnout from the Property. Design standards for low volume access allows for a 50' radius curb return in lieu of a deceleration lane. The exit shall be used for normal egress and the entrance shall be gated and signed for "Emergency Use Only". E. COUNTY is responsible for filing all necessary applications with the South Florida Water Management District ("SFWMD") to: (i) Amend the ROYAL WOOD water management permit, if necessary, to provide for the construction of the aforementioned structures; (ii) Seek approval from the SFWMD to combine Structures LCB-00-SOI58 and LCB-00-SOI59, which are located near the ROYAL WOOD maintenance facility, into a single structure that would be identified as LCB-OO-SO 158; and (iii) Seek approval from the SFWMD to allow for additional excavation to deepen a portion of the pond (swale) located approximately 300' upstream from Structure LCB-00-SOI55 so as to provide for a pcrmanent pool of water year-round. To the extent that ROYAL WOOD's cooperation and assistance is required to obtain approval on any of the applications submitted to the SFWMD, upon request by COUNTY, ROYAL WOOD shall provide such assistance as is reasonably required. F. COUNTY will pay for all permit and application fees pertaining to its LASIP improvements. Page 4 of9 OR: 4242 PG: 2300 1682 Agenda Item No. 1682 April 24, 2007 Page 8 of 49 G. COUNTY agrees to compensate ROYAL WOOD for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property as stated in paragraph number two (2) and for construction of those Structures identified in paragraph three (3)(A), (3)(B), (3)(C), (3)(0) and (3)(E)(iii) above. As to any such repairs, ROY AI. WOOD shall provide COUNTY with the repair bid, currently estimated at $600,000.00, which shall be subject to final approval by COUNTY. H. COUNTY agrees to participate with ROYAL WOOD for fair share costs in the design and replacement of the timber bridge. This timber structure shown in Exhibit "D" is failing and needs to be replaced. In cooperation with ROYAL WOOD Properties, as compensation for granting an easement for installation of Box Culvert LCB-13-S0090(P), fair share costs are to be agreed to between ROYAL WOOD and the COUNTY at such time there is sufficient design and engineering completed on the bridge to develop a cost estimate. COUNTY shall coordinate with ROYAL WOOD prior to issuance of the construction Notice-to-Proceed for the bridge. The bridge shall be completed in conjunction with the installation of Box Culvert LCB-13-S0090(P), but not later then October 20 I O. I. COUNTY agrees that advance notice will be given to ROY AI. WOOD and that access for maintenance operations will be fully coordinated between the parties and subject to ROYAL WOOD'S final approval, which final approval shall not be unreasonably withheld. COUNTY agrees to compensate ROYAL WOOD COUNTY for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property for maintenance. As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid, which shall be subject to final approval by COUNTY, which final approval shall not be unreasonably withheld. 4. ROYAL WOOD. In connection with COUNTY's LASIP on the Property: A. ROYAL WOOD agrees to convey to COUNTY a perpetual easement permitting COUNTY to enter, access and install and maintain the LASIP Weir Structure identified as LCB- OO-SOISO on Exhibit "A." B. ROyAL WOOD agrees to convey to COUNTY a perpetual easement to enter, access, construct, and maintain a channel extension from the existing pond located at the northeast Page 5 of9 OR: 4242 PG: 2301 Agenda Item No. 16! 6 B 2 April 24. 2007 Page 9 of 49 comer of the Property extending north to I.ASIP Structure I.CB-00-SOI60 as identified on Exhibit '"A." C. ROY AI. WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain the box culvert along the west property line identified as I.CB-13- S0090(P) on Exhibit "D." D. ROY AI. WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain box culverts identified as I.ASIP Structures I.CB-00-SOI51, I.CB- 00-SOI53, I.CB-00-SOI54, I.CB-00-SOI55, I.CB-00-SOI56, I.CB-00-SOI57, and I.CB-00-SOI58 on Exhibit "A." E. ROY AI. WOOD shall convey the perpetual easements referenced in paragraphs 4(A) (B) (C) and (D), at no cost to COUNTY, within thirty (30) days from the execution of this Agreement pursuant to the Easement Agreement attached hereto as Exhibit "c." ROYAL WOOD represents to COUNTY that the Easemcnt Properties encumbered by the Easement Agreement attached as Exhibit "c" arc free and clear of all liens and encumbrances, except as noted in the Title Search Report dated February 22, 2007 (Attorneys' Title Insurance Fund, Inc. File Number 64-2007-760) and attached hereto as Exhibit "E". F. ROY AI. WOOD shall cooperate and execute all SFWMD permit modification application(s) rcasonably necessary to authorize the COUNTY to act on ROY AI. WOOD's behalf in processing such application(s) for approval. G. ROY AI. WOOD agrces that any internal gates or fencing provided and installed by ROY AI. WOOD as part of the connection must be operational within six (6) months from the date of substantial completion ofthc Road Project. H. COUNTY shall pay for any and all permit and application fees associated with or pertaining to any repair and rehabilitation work to its golf course. 1. All information provided by ROY AI. WOOD for use in connection with this Page 6 of9 OR: 4242 PG: 2302 1682 Agenda Item No 1662 April 24, 2007 Page 10 of 49 Agreement is assumed as true and accurate. Any claims or delays that may arise from differing facts or conditions shall not be suffered at COUNTY's expense nor shall County be responsible to correct. 5. Maintenance of LASIP Improvements. COUNTY shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the LASIP structure improvements it constructs and locates on the Property. ROYAL WOOD shall be solely responsible for the maintenance of the replacement bridge, all interior lakes, and other related water management concerns located upon the Property. 6. Indemnification. To the extent provided by law, COUNTY shall indemnify, defend, save and hold harmless ROYAL WOOD from and against any claim, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by COUNTY, its agents or employees during the performance of the Agreement, including but not limited to any such claims, damages, costs, charges, or expenses related to compliance with South Florida Water Management District requirements specific to the modifications made under the LASIP permit modification as a direct result of the work to be performed under this agreement, except that neither COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expcnse arising out of any act, error, omission, or negligent act by ROYAL WOOD or any of its officers, agents or employees during the performance of this Agreement. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which the County may bc entitled under Section 768.28, Florida Statutes. 7. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand dclivered, delivered by overnight Page 7 of9 OR: 4242 PG: 2303 1682 Agenda Item No. 16B2 April 24, 2007 Page 11 of 49 courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as fo llows: If to Collier County: Collier County Stormwater Management Attn: Eugene Calvert, P.E., Director 2885 South Horseshoe Drive Naples, Florida 34104 Phone: (239) 774-8192 Facsimile: (239) 659-5790 With a copy to: Collier County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (239) 774-8400 Facsimile: (239) 774-0225 If to ROYAL WOOD: Royal Wood Master Association, Inc. c/o Royal Wood Country Club Attn: Board President or Chairman 4300 Royal Wood Blvd. Naples, Florida 33912 Phone: (239) 774-2213 Facsimile: (239) 774-4104 With a copy to: Becker & Poliakoff, P.A. Attn: Gregory Marlcr, Esq. 4501 Tamiami Trail North, Ste. 214 Naples, Florida 34103 Phone: (239) 261-9555 Facsimile: (239) 261-9744 Any notice, demand, rcquest or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after properly depositing the same in registered mail for delivery by the United States Postal Service. Any notice sent via facsimile transmission received after 5:00 p.m. Eastern Standard Time shall be deemed to have been given on the Page 8 of9 OR: 4242 PG: 2304 1682 :':.;,l'~ ;:=;,:, i,-;"';:-"t"; 1\:]. ~ 53 l\~:;7i::A :~}:J :::'2co3 '.::': ,-)f.:; following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for COUNTY and ROYAL WOOD may directly contact each other and are expressly authorized to give and receive any notice, demand and request or to make any other communication pursuant to the tenus of this Agreement. The addressees and addresses for purposes of this section may be changed by either party by giving written notice of such change to the other party as provided herein. 8. Benefit/Burden. The rights and obligations created heteby shall run with the land and shall inure to the benefit and burden of ROYAL WOOD and COU"'JTY and their respective successors and/or assigns. 9, GOH.'rnin!! Law. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. Recordill~. This Agreement shall be recol'ded in the Public Records of Collier County. Florida. IN WITNESS WHEREOF. the ROYAL WOOD and COUNTY have respectively caused these presents to be executed the date and year first above written. SIGNED AND ACK.NOWLEDGED IN THE PRESENCE OF: ROYAL WOOD MASTER ASSOCIATION.INC. BY~~ ~ DW/6 Print Name:'K'. Kt:V(/\,J Frs.Ru/.,ho Title: ~eS(:;;u~ Date: -:Jv#J!. ~I ;l "0 1 STATE OF FLORlDA ) ) ss. Page 9 of9 OR: 4242 PG: 2305 1682 AQen:ia Hern I\)Cl 163 . ~,;xii 24" 2?C ~'a;;8 -:.;., ::;' 4 COUNTY OF COLLIER ) il- The fore~oing instrument was acknowledged before me, this 7 of r - - , 2007, by ki?u/1.) F"E'n.C>t-~o , the 7l~ ~r t>e~ of the Ro Wood Master Association, Inc., Collier County, Florida, who is (...-;'personaIly known to me or ( ) has produced as evidence of identification. (SEAL) {C"''''iI1i;\. BETSY F: SELIGMAN : :0\ Commission DD 653654 :, : - Expires May 6, 2011 .. ___ThrIITrfliFIinlntu!lll1Ctl800-38HOf9 BOARD OF COU"TY COMMISSIONERS OF COLLIER COGNTY. F ORIDA ATTEST:' By: _ lu: (\'1A..A.A1 J ~ LL 10,( . ~t E. 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"' '" " "' e- "' "' "' "' "' "' .0 5 5 5 5 5 5 ~ "' "' "' "' "' "' 16B2 Agenda Item No. 1662 April 24, 2007 Page 39 of 49 Exhibit "e" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinatler referred to as the "Agreement") is made and entered into by and between ROYAL WOOD MASTER ASSOCIATION, INC., (hereinafter referred to as "Owner"), whose mailing address is 4300 Royal Wood Blvd., Naples, Florida 33912, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 330 I Tamiami Trail, Naples, Florida 34112. WHEREAS, County requires the following perpetual easements located over, under, upon and across Owner's property, to wit: (1) a perpetual easement permitting County to enter, access and construct and maintain the LASIP Weir Structure LeB-OO-SOISO located at the southwest comer of the Owner's property; (2) a perpetual easement permitting County to enter, access, construct and maintain a channel extension starting from the existing pond located at the northeast comer of the Owner's property extending north to LASIP Structure LCB-OO-S0160; (3) a perpetual easement to enter, access, construct and maintain the box culvert along the Owner's west property line identified as LCB-13-S0090(P);and (4) a perpetual easement to enter, access, construct and maintain box culverts on the Owner's property identified as LASIP Structures LCB-00-SOI5l, LCB-OO-SOI53, LCB-OO-SO 154, LCB-OO-SOI55, LCB-OO-SOI56, LCB-OO-SOI5?, LCB-OO-SO 158 and LCB-00-SOI59 (collectively, the "Easements"). The exact locations and legal descriptions of each of the aforementioned Easements are more specifically identified on Exhibit "A," which is attached hereto and made a part ofthis Agreement. WHEREAS, Owner desires to convey the Easements to County for the stated purposes, on the terms and conditions set forth herein said terms including that no compensation shall be due and payable for the Easements requested by County. NOW THEREFORE, in consideration of these premises, the sum ofTen Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and betvveen the parties as follows: L The Parties hereby agree that the above recitals are true and correct and are otherwise incorporated herein by reference. o ::<::I 2. O\V11er shall grant the Easements to County in a form acceptable to County and at no cost to the County, except as otherwise stated herein. .- r--> .- r--> '"'ClI G"l 3. Owner represents to County that said Easement Properties are free and clear of all liens and encumbrances. 4. Owncr shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, title commitments and recording costs for any curative instruments shall be borne and paid by Owner. r--> "'-> "'-> ~ 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Agenda Item I ~BP2 April 24, 2007 Page 40 of 49 Easement Agreement Page 2 7. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 8. Any failure to enforce any provision contained herein or subsequently recorded as provided hereunder shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of anyone or more of any of the provisions hereunder shall not affect or impair the remaining portions of this Agreement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. .Jk I:.rS WHEREOF, the parties hereto have executed this Agreement on this L day of (.,2007. DATED:~ ATTEST: DWIGHT E. Bll.'b<;:K, Clerk BY: James C) ::0:::1 D0' OJ llAi~f~C.c ". "..' ..... . IlJYC rk AtQst Il'~) lr'1111l' S19l1at...~ .' .- ~ .- ~ Approved as to form and ~1Jc~ LL- Scott R. Teach, Assistant County Attorney """ G":l ~ c...> c...> r--> Easement Agreement AS TO OWNER: DATED (, - 7 - 07 . Itness lSignature) .J 'I ,'ame:~ ,. f", ~0-,rf;" ' 'Wltnes'l!!J.aturel ~. Name: #11d'7# /. LUD(,.h C STATE or FLORIDA ) )SS. COU'<TY OF COLLIER ROYAL WOOD MASTER ASSOCIA TION,INC BYqy~~ Print Name: 2, I J::. t/ lA' Title: 01E. 50 I 'i)iflt/ 7 ,4oenda l1~m 1'}'3Q B ? . L\;;~ii::!J 2007 -- ::'ag-2 .:.', of 49 Page 3 ~ FE;;{J//'" 'f-L The fortgoi~g in:':trument wa!' acknowlcdg1.d hefore me, this L of 2007, by .t.eJLi...AL1a uti 0--' thE' r.l!~f!!ljr of the Roya Wood Master As~ocjation. Incu Collier County. Florida. who is ('~-"onally kmm'n to me or (l has produced <IS evidence ofiJentificatiol1. (SEALI "~'A:~":~~' BETSY F SELIGMAN {.f ':.j Commission DO 653654 ~. ,..,~ Expires May 6, 2011 '~Rr,;p.~T ~n.nlrrtVFflinlnllllflnce800-365-7019 MI'l-f,.) (Type or Print) My Commission Expires: 5"- b - )..0 I I C> ::a .- ~ .- ~ '"'=' G":lI ~ c:...> c:...> c:...> 16fJ, _ ~-- -:..=---- -! .T~I.!i~ , 1 ,,_w___ AD'll I ~;a '" ~ GQOM7Y. ,",...... I ~ ~ ~I~ z '" ~ '" ~I~ ~ I Y'SrrIdVN aAONdWI '!,! li, , . I "'IFf ~OHS"8Z :J .r:JiIlONd.LNilJVYinw,{7!n Iii! "I ,,' I,: 'I ,,<# llUrlO N3'.LYMWllO.LS IIil.LYMWllO.LS .....~~"-~ _ '11' ,Ii "'iIJ'{ilDYNYW mTIOJ _~ ~tl ! I," "~" A.LNflOJ Il ...... ~_I ':"jj:l.l~ -- -- _ _ I 1:I:UII"'11 -- I , *** OR: 34 *** 4242 Pq; ~31 1 ~. ! .,' - -! ~I "2 , = ,~~~,~ :~ '.. 'iI!,~.~ ~ ~ 'iI! - ';! l:"- iii ~ 0 0 1 t"- -.---- ~ '" ~ U ~ - ~ ';! """"."':... "--- t w ~[~ --- ~~~ '- I I ! i , I L~ ~ ~~ h ~ ~ c..> ~ <Xl 00 :>-:: ;,. ~ '" ~ g:: :--~ ~ ~~I ~ ~~ O('fj ~'"";' ~ ~ ~~ N," ~- """''''''' I ~ -.--=:<=-=< ~- \\'1!!LAl(ERROAD~.~ P ?- m J: tli ~ ~I ~' 1 ~, 1 -- ROYAL WOOD BOULEVARD ," _.- '-::~\i[U; I. ! I\(ijll.~!/'t I I HI it"! r, ~ e li~( E ,~$J I~"; 1\ \ '" ~~ \ Hl'" I 'm;;cb,,\ I"~ -, 11:'0:/, 1_ _' '.'c"JiW ) / "_ '_'... , - <./ ", '~"-"\ /-"= --. '.. ~ ."., '""" ! ,---' )1\ <! "" -"-"""'" ~'3' , .1 ' /, I, '-I Ie ,I, ,I f\;i~li) ~ I~ - 1_,,- ";>-'ii' ~I ,Ii I \~~ ~'& \~~.llifl i'" Y:j I ! I tJ ". ~ \ -'\\\ ... \~ f~' \~\i /' H ~,\ <~~\;~\ ~~'J 'II, :::-LTIr~~~"'r-~~--- ~ \\, ", / \, :.....-..v ~ I" -.. i! ' " ", "'P~I \ -I "" ~ \ ',- -., ~'~C01l' ~ TRAetE ~ ._. / ! ) ~ . \ '-, ~'.....o;. '.! / ", ,: I \ . " '. ?,~\ "ClHi,! ,'I : , \" nmDd-..), '~F' ' : II !iI \ _ r '-'. _ ._' .,., " ~_. ' " !II \ . ", _ '" ' "\- 1 \ / ",1 IL_, __ , _ , '---- 1-4' coNDOrr:::::::--.. i \ f CUll}] ~ ,\ _.. I I" L- ' -.. ~ ! ~ io 'I '!I I ~-,_.--- 16B5 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 6,2008. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print \In pink paper Attach to original document Original dUc'urnellls shuuld ill' fund ddivfft'd to the Ilo<Jrd OUlce. The clllTlPlcted routing slip and original (\nClIlllcnts arc to he fonvarded tu Ihe Hnard Olliec only ;inCI" the Hoar'd ha~ taken :JC1;0J1 on thl' 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 exc lion of the Chairman's si ature, draw a line through routin lines #1 thrau h #4, com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in mulin order) 1. 2. 3. 5. Sue Filson, Executive Manager Board of County Commissioners . 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 stafr for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the item.) 6. Minutes and Records Clcrk of Court's Office Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16CI Aooroved by the BCC Type of Document Executive Summary. Exhibit "A", N umber of Original I Attached Satisfactions of Notice of Promise To Pay 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 rev1ewed 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 1S a hcable. "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 t1me sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be ware of your deadhnesl The document was approved by the BCC on.il. J/ 0 (enter date) and all changes made during the meeting have been incorporated in the attached document, The Count Attorne 's Omce has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. '])6 '1)C; 1)C; j)C; 1) (!.I I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 *** 4008915 OR: 4219 PG: 2312 *** RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL 04/26/2007 at 10:27AH DWIGHT E, BROCK, CLERK REC FEE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR BXT7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Douglas M. Carlson Whose mailing address is 141 Islamorada Naples, FI. 34114 Bearing the date of the 6th day of October 1999, recorded in Official Record Book 2598 Pagels) 3058, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO.5, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81620200005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Officiai Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this d-YrHday of f} p~ I/...., 2007. ATTEST: DWIGHT!;:. BROCK, CLERK '~.. . ,:1)'.' S.<H~)... 'Vclf\-%b ~ f es:tu to Ch411'll4ll . . ': Sfgnlture 0111,. . Approved as to form and legal . .slim~~ ,.' ~'/~ / Ie ~/v r..oavid c. igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFftCiO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRlCT JAMd~{ft; 4008916 OR: 4219 PG: 2313 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:17AH DWJGHT E. BROCK, CLBRK REC FEE 18,50 COPlES 1.00 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD JHTEROFFICE 4TH FLOOR EXT 7140 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JEAN C. FERGUSON Whose mailing address is 24-T TURQUOISE AVE NAPLES, FL 34114 Bearing the date of the 23RD day of August 1999, recorded in Official Record Book 2584 Page(s) 0428, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 24TU, OF ENCHANTING SHORES MOBILE HOME AND RECREATION VEHICLE PARK, ACCORING TO THE GROSS SURVEY, EXHIBIT "A" ATTACHED HERETO, FOR A TERM COMMENCING ON THE 7TH DAY OF JANUARY 1997, AND RENEWABLE IN ONE YEAR TERMS THEREAFTER, UNLESS SOONER TERMINATED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THE CERTAIN MASTER FORM EXCLUSIVE RIGHT OF POSSESSION AGREEMENT WHICH FORM AND ALL AMENDMENTS THERETO ARE INCORPORATED HEREIN BY REFERENCE, THE ORGINAL OF WHICH IS MAINTAINED IN THE OFFICE OF THE OWNER 17 TURQUOISE AVE., NAPLES, FLORIDA, AND IS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 1328, AT PAGES 1723 TO ET ALL, INCLUSIVE. FOLIO NUMBER: 31155006009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this c;ll/-tJ., day of f1 PR IJ... ,2007. 16Cl ATTEST:. DWIT E. BROCK,CLERK . ''rz ttest ~s to Ch41naan s s 1 gn~llrI!Olll.' ApprOved as to''forrTr and legal suffl . . ~) .,......- tY-Bavid C. We; I County Attorney *** OR: 4219 PG: 2314 *** 16C] . . BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORtDA, AS THE GOVERNING BODY OF COLliER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAME~~ Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniarni Trail Naples, Florida 34112 (239) 774-8400 4008917 OR: 4219 PG: 2315 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2001 at 10:21AK DWIGHT E. BROCK, CLBRK REC FBB 18.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR BXT 1240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DONNA LOU HAMMOND HAYS,AN UNREMARRIED WIDOW Whose mailing address is 11550 BASIN STREET CONNEAUT LAKE, PA 16316 Bearing the date of the 7'" day of September 1999, recorded in Official Record Book 2589 Page(s) 0933, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. G-201 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48485120004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execuJjon and recording of this Satisfaction of Lien, by action of the Board thisOiJ./t;J., day of f-) P te fl... , 2007. ATTEST: ~DWl T, E. BRO, C~LERK , . ' \ %lc&.t~ ~ndlrtlldn S S t gnature on 1 , Approved asIa form and legal ~ ---, va,,;, c. w ;g~ County Attorney *** OR: 4219 PG: 2316 *** ,," BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~~ JAM COLETTA, CHAIRMAN ',' 16Cl 4008918 OR: 4219 PG: 2317 RBCORDBD i~ OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/26/2007 at 10:27AH DWIGHT B. BROCK, CLBRK RBC FBB 18.50 COPIBS 2.00 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JUAN J. HERNANDEZ AND KARLA R. HERNANDEZ, HUSBAND AND WIFE Whose mailing address is 231 Indian Key lane Naples, FI. 34114 Bearing the date of the 7'h day of September 1999, recorded in Official Record Book 2589 Page(s) 0928, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 255, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1863, THROUGH 1932 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. INCLUDING 1977 24 FOOT BY 48 FOOT SHERATON MOBILE HOME, SERIAL NUMBER 13001272 "A" AND "B" WITH ALL ATTACHMENTS AND IMPROVEMENTS THEREON. FOLIO NUMBER: 81630200008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execu1jon and recording of this Satisfaction of Lien, by action of the Board this dJ/t;A day of H P ~ I J... , 2007. ATTEST: ~.ROCK'CLE~~ ..... ~~~~fX Attest;',~S ..to Cil,~ 'IT'mdi1 ') $I\lnaturl!{)nl' Approved as to form and legal su ....---_- ? t,,--DaVid C. Wei el County Attorney *** OR: 4219 PG: 2318 *** ,..'....'1, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~~~ JAME COLETTA, CHAIRMAN 16Cl Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16Cl 4008919 OR: 4219 PG: 2319 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AH D~IGHT E. BRDCK, CLBRK 1 REC FEE 18.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JAY W KOWALSKI AND SANDRA KOWALSKI, HUSBAND AND WIFE Whose mailing address is 6123 DELLWOOD DR TOLEDO, OHIO 43613 Bearing the date of the 7'" day of September 1999, recorded in Official Record Book 2589 Pagels) 0943, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B-104 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS RECORDED IN OFFICAL RECORDS BOOK 942, PAGE 52 THROUGH 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ANY AMENDMENTS THERETO. FOLIO NUMBER: 48480880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execu 'on and recording of this Satisfaction of Lien, by action of the Board this rt/llt:f. day of p~ I J.. , 2007. OCK, CLERK ~ L~DC test~~s to Ch'31rmdn S siGnat:'r't!. ()n;/ Approved as to form and legal sufficiency: ~/~,_______/7 t+1J vid C, W, Igel County Attorney *** OR: 4219 PG: 2320 *** ",1,6, C] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~-/~ JAME COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 4008920 OR: 4219 PG: 2321 RBCOROBO in OFFICIAL RBCOROS of COLLIBR COUNTY. IL 0412612007 at 10:27AK DWIGHT B. BROCK, CLBRK RBC FBB 18.50 COPIBS 2.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR EXT 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Joseph E. Massaro and Margaret I. Massaro, his wife Whose mailing address is 260 Mataecumbe Ln Naples, FI. 34114 Bearing the date of the 6th day of October 1999, recorded in Official Record Book 2598 Pagels) 3038, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the prinCipal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 245, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS, RESTRICITIONS, RESERVATIONS OF RECORD, AND TAXES FOR THE CURRENT YEAR. FOLIO NUMBER: 81629800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisC:;J{tJ, day of fiPfUJ. ,2007. /"....t"...', ~'It' ,"" ...." i "'--,<,,,~~,,{ ,",,-; ,{\ ~.'4,l!l ,MIklfl , i~ ~,;ti;n,:;;~.-: ;'_ .:,;;.; Approved as to form and legal s~. ._/../_~...~> t<-David C. (ei el / County Attorney 16Cl *** OR: 4219 PG: 2322 *** BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~ ,flf ~ JAM~S COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 4008921 OR: 4219 PG: 2323 RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/26/2007 at 10:27AK DWIGHT B, BROCK, CLBRK RBC FBB 18,50 coms 2,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: William P. McCauley and Rosemary McCauley, Husband and Wife Whose mailing address is 855 Manatee Rd Naples, FI. 34114 Bearing the date of the 29th day of October 1999, recorded in Official Record Book 2606 Pagels) 1041, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 26, BLOCK B, UNIT NO.2, RIVERWOOD (NOT RECORDED). BEING A PORTION OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEGIN AT POINT BEARING NORTH 89' 20' 26" WEST AND DISTANT 60.0 FEET FROM THE SOUTHEAST CORNER OF LOT 14 OF BLOCK B RIVERWOOD UNIT TWO, AS RECORDED IN PLAT BOOK 10, ON PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH 00' 39' 34" WEST. 110.0 FEET TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 31: THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 89' 20' 26" WEST, 60.00 FEET: THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 00' 39' 34" EAST, 110.0 FEET: THENCE SOUTH 89' 20' 26" EAST, 60.0 FEET TO THE POINT OF BEGINNING. THE NORTHERLY 6 FEET RESERVED FOR A UTILITY EASEMENT. FOLIO NUMBER: 00735160008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman.\ directs execution and recording of this Satisfaction of Lien, by action of the Board thiSc:!iJ{t:J.. day of j:lPRIJ... ,2007. i..<\, ATTEST: , ~T E, BRO,~' ,CLE, RK _ ~ .' ,lAu0- > {G:-[u Idz Attest ~s to Chalrman s signature- on1" Approved as to form and legal sufficiency: ~ ..~.. , ~ .../,/ I ~,,-E)avid C. W el County Attorney *** OR: 4219 PG: 2324 *** 16C 1 BOARD OF COUNTY COMMISSIONERS" COLLIER COUNTY, FLORIDA, AS THE ' GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~m JAM COLETTA, CHAIRMAN 4008922 OR: 4219 PG: 2325 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AM DWIGHT E. EROCK, CLERK REC FEE 18.50 COPIES 2.00 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7140 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John F McDermott, A Single Person Whose mailing address is 141 Lime Key Lane Naples, FI 34114 Bearing the date of the 18th day of AUGUST, 1999, recorded in Official Record Book 2582 Pagels) 2972, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF UNIT NO. 85, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AND AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS, AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO. FOLIO NUMBER: 81623400006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this$th day of lip~/J... ,2007, 16Cl *** OR: 4219 PG: 2326 *** 16C ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLlEF1 . COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Cl<,CLERK ,.. 'li- . .fit a~ to Cb,d Ir'II4n , S l\ln.tur,~ on 1 " Approved as to form and legal ~..//7 t"Da~d C. i e( County Attorney /;W~ JAMES COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 4008923 OR: 4219 PG: 2327 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2001 at 10:21AK DWIGHT E. BROCK, CLERK REC FEE 18,50 coms 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: CHRISTINE J ROCCHETTI, A SINGLE WOMAN AKA CHRISTINE J SMITH Whose mailing address is 220 GRASSY KEY LANE NAPLES, FL 34114 Bearing the date of the 16th day of July, 1999, recorded in Official Record Book 2571 Pagels) 1743, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 189, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR THE CURRENT YEAR. ALSO INCLUDING A 1976 HOMETTE 12' X 64' MOBILE HOME. SERIAL NUMBER 0361-8375 WITH ALL THE ATTACHMENTS AND IMPROVEMENTS. FOLIO NUMBER: 81627560007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this&J/tA day of I1PRIJ.. ,2007. CK,CLERK 6~~. tt{ost. 8~ to {'~'j-"""i/n'" - ... 1.."... II .....;.a0 S S lllndturl'l on]. Approveoas to form and legal ,"ffi:'(:iJ //,-/1 l/' Diid C. We gel V County Att~rney *** OR: 4219 PG: 2328 *** BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~N JAM COLETTA, CHAIRMAN -'.;';.--' 16Cl Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 4008924 OR: 4219 PG: 2329 RECORDBD In OFFICIAL RBCORDS of CDLLIER COUNTY, FL 04/2&/2007 at 10:27AM DWIGHT E. BROCK, CLERK RBC FEE 1B.50 COFIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR m 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JAMES L. SUTT AND MARVA L. SUTT, HUSBAND AND WIFE Whose mailing address is 47 GROUSE ROAD NAPLES, FL 34114 Bearing the date of the 18th day of August 1999, recorded in Official Record Book 2582 Page(s) 2952, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 47, OF QUAIL ROOST UNIT 1, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORD BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES THERETO ACCORDING TO SAID DECLARATION. ALSO, AN UNDIVIDED 1/62ND INTEREST IN THE LANDS, WHICH INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENCANCE TO SAID UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE SEPARATE FROM SAID UNIT. TOGETHER WITH A 1982 GREEN HILL 24x48 MOBILE HOME, SERIAL NUMBER FLFL2AB457903784 AND FLFL2BB457903784 INCLUDING ALL ATTACHMENTS AND IMPROVEMENTS THEREOF. FOLIO NUMBER: 68891880002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execuwn and recording of this Satisfaction of Lien, by action of the Board this~J/th day of I1PIVJ... , 2007. ATTEST: OW T E. B~K:. CLERK .. :A ~,,-s,~.' tc Attest <5 to Cnslrll\dll s 51 gnatiJre 0111. Approved as to form and legal 'offid~ / ~ ,1// &c / ~ bODa id . Wei County Attorney *** OR: 4219 PG: 2330 *** .16C] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTR~T d~~ JAM~S COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 4008925 OR: 4219 PG: 2331 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AK DWIGHT E. BRDCK, CLERK REC FEE 18.50 COPIES 2.00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ROCCO VOLlNO AND MARTHA VOLlNO, HUSBAND AND WIFE AND ANNA VELEZ, AN UNREMARRIED WIDOW, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. Whose mailing address is 261 INDIAN KEY LANE NAPLES, FL 34114 Bearing the date of the 18th day of August 1999, recorded in Official Record Book 2582 Page(s) 3017, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 258, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDONINIUM RECORDED IN OFFICIAL RECORD BOOK 630 AT PAGES 1883 THROUGH 1932 INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES TO THE UNIT INCLUDING THE UNDIVIDED COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 81630320001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this&J./th day of FlI'R//-, ,2007. A TTEST>>"'", i!J ,. D,' _~ ,r,E, :BR,~' ",K K,' 'A C CLLEERK ."".;, .~~(~L" If 1..A.'~.;~t:7~~. .~ ,.~: ..,.:: A~~~fl~?t+dr~ ~n~';~g)al suf ," ',,,,/ ./ 'I C" VI./' ~David C, Weig County Attorney *** OR: 4219 PG: 2332 *** ,,16r1 BOARD OF COUNTY COMMISSIC'NERS ' " COLLIER COUNTY, FLORIDA, /!'S THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIOTHE : GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~~4f...... JAM COLETTA, CHAIRMAN .. " J::i\\"" Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 *** 4008926 OR: 4219 PG: 2333 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AN D~IGHT E, BROCK, CLERK REC FEB 10.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Andre Vancol and Desilia Leandre, husband and wife Whose mailing address is 5321 Trammell Napes, FI. 34113 Bearing the date of the 1 yth day of December 1999, recorded in Official Record Book 2622 Pagels) 0927, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the prinCipal sum of Two Thousand Four Hundred Fifty Seven Dollars and Thirty Three Cents ($2,457.33) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 14, NAPLES MANOR LAKES, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 86 AND 87, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62264240000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisd~t),day of I1p.R/J.. ,2007, ATTEST: ~. HT E. BR~~t~ERK. . (i~ CL.. ft.tVI"?t ~'~ "'" ^. . W~... ,'';' t..... i".~~,;; ~rm.~~ , ~ ' '-"L .,' "- , .. -,,/J ~'.!r':.','-;: ; "r Approved as to form and legal suffi 'enc' ,." BOARD OF COUNTY COMMISSIONERS'" COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~' ) ~~~ .JA"l\4i?s COLETTA, CHAIRMAN Jv'David C, igel V County Attorney Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008927 OR: 4219 PG: 2334 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AK DWIGHT E. BROCK, CLBRK RBC FEE 10,00 COFIBS 1.00 Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR EXT7240 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jose H. Solis and Yolanda Arizmendi Whose mailing address is 87 Isle of St. Thomas Naples, FI 34114 Bearing the date of the 11 th day of October 1999, recorded in Official Record Book 2600 Page(s) 3032, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 87, PORT-AU-PRINCE, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 13, PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH A 1985 SKYLINE 26' X 64' MOBILE HOME, SERIAL NUMBERS 25650232AU AND 25650232BU, INCLUDING ALL ATTACHMENTS AND IMPROVEMENTS THEREOF. FOLIO NUMBER: 68343360009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiso?J/t-A day of 19 P~/)" , 2007. ATTEST: ~~:~~~/X_ (~-rn:..t" "'$" /'''...' - ,- - ,. -.;) "._0:'. \,0 i,...:;; l:'hitl '\ slgnflturiil 0;; l" Approved as to form and legal suffi' //-7 . ./ ./ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT #d4f JAMES COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniarni Trail Naples, Florida 34112 (239) 774-8400 *** 4008928 OR: 4219 PG: 2335 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 10:27AK DWIGHT E, BROCK, CLBRK REC FEE 10,00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C.1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ZENON C SANTOS AND YATHMIN DEL VALLE SO TO , AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, PARTIES OF THE SECOND PART, GRANTEES. Whose mailing address is C/O MARTHA VOLlNO 1580 RAINBOW CT MARCO ISLAND, FL 34145 Bearing the date of the 18th day of August, 1999, recorded in Official Record Book 2582 Page(s) 2957, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement irnposes a lien on the subject real property. The Lien secures the principal surn of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NUMBERS 199 AND 200, WEST WIND MOBILE HOMES ESTATES, A CONDIOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTERESTS IN THE COMMON ELEMENTS. FOLIO NUMBER: 81628000003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payrnent in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Cornmissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~.ytJi day of f1P~/J.. ,2007. ATTEST: ~O~HTE.B~CK,CLERK . ~~~ PDlCCgG k , Attest as to Cha l"-4n , S j gn/lture on 1 . Approved as to forrn and legal sufficien . /~-) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ~~ JA S COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008929 OR: 4219 PG: 2336 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/26/2007 at 10:27AK DWIGHT B, BROCK, CLBRK RBC FEE 10,00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16C] SATISFACTiON OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ALCIBIADES RAMIREZ AND NARDA L. RAMIREZ, HUSBAND AND WIFE Whose mailing address is 1018 MANATEE RD NAPES, FL. 34114 Bearing the date of the 19'h day of November 1999, recorded in Official Record Book 2613 Page(s) 0406, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 107, BUILDING E, GULF WINDS EAST CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 508, PAGE 165 AND ANY AMENDEMENTS THERETO, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48483400001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ,5lJ/tJ,day of I1P.Q/A , 2007. ATTEST: DWIGHT E. SROCK, CLERK ~~~~,~y DC . . (;, '; ~ , }~'Atn>:.,i,;r~ ,),,1 Approved as to form and legal suffi' /___. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT avid C. Weigel County Attorney ~~ ~S COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008930 OR: 4219 PG: 2337 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL DI/26/2007 at 10:27AN DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICE ITH FLOOR EXT 7210 16Cl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Janice Longacre Whose mailing address is 118 Moon Bay St Naples FL 34114 Bearing the date of the 3rd day of June 1999, recorded in Official Record Book 2554 Page(s) 0041, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 118, PORT-AU-PRINCE, ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 13, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 68344560002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~1t;J, day of I1p~/A ,2007. ATTEST: . . D~T E. BRO~tLERK_ ~ U1lQ ~k Attest:: s to end 1 rmdn s s l<,;nature on III Approved as to form and legal sufficiency: ~-~ ~ - // /.-'/'/ - ",,,,/// --- ~ ~/~ JJa id C.'WeiQ-~ D County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS TH.E' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT -) ~ JA~ ' AN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' '.2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print un pink paper. Attach to originallk,eument. Origln:!1 dilc:UnliCllls should be hand delivered tll the Board Onice. The completed routing slip and original documcnis are to be tonvarded In lhe Board Office (lilly llfh:!: the Hoard 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 exc lion orlhe Chairman's 51 alure, draw a line thrall h routing lines #1 thrall h #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in routin order) L 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthc original document pL11ding Bee approval. Normally tht: 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) 3. Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 24, 2007 Agenda Item Number l6C2 Approved bv the BCC Type of Document Executive Summary, Resolutio;; I Number of Original I Attached Satisfaction of Lien - cr~ Documents Attached Board of County Commissioners Yes (Initial) N/A(Not A licable) 5. Sue Filson, Executive Managcr 6. Minutes and Records Clerk of Court's Office '1)6 :J)C 'J)c- 'X>> :J)(!, I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 L 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 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 exec 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 Ie 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 war of our deadlines! The document was approved by tbe BCC on 0'7 (enter date) and all changes made during the meeting have been incorporated III the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4, 5. 6, RESOLUTION NO. 2007 _ 92 16P2' li A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 76050 125752 This Resolution adopted thisd4t-A day of 1i"!?I/.. second and majority vote. , 2007, after motion, 0.',", .,'y r'" '~", ,~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ BY' . JA . , AN Item # *** 4008949 OR: 4219 PG: 2439 *** RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL 01/26/2007 at 11:01AK DWIGHT B. BROCK, CLBRK RBC FEE 10.00 coms 1,00 Agenda.j I.NIc>~ Date ~~ ~ote ~Sig1 ~JtiL epuly C:'::::", Retn: CLBRK TO THB BOARD INTBROFFlCB 4TH nOOR BXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 4008950 OR: 4219 PG: 2440 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/16/1007 at 11:01AK DWIGHT E. EROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR IXT 7140 16C2 Property Folio No. 40621400007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: SINGLETARY, ANGELA MARIE ALICE SHIELDS 2411 2NDAVE NE NAPLES, FL 339640000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Seventy Four Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 76 W 105FT OF TR 21 OR 1662 PG 1470 OR 1908 PG 1157 Folio No. PROJECT NO. Account No. 40621400007 61000 76050 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiso11/tA day of fJPI</1.. 2007. I" (-,f, l,. ATTESt: " DWIGHTE. BROCK, CLERK ~tf;St)~ DC App~d~Mt!ls.!j:(}'fdrm ., "', " and' 'iency /...../ .-) BOARD OF COUNTY COMMISSIONERS COLLIER C?:~TY, FL ID By:?' JA C This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 4008951 OR: 4219 PG: 2441 *** RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/2&12007 at 11:01AM DWIGHT E. BROCK, CLERK REC FBI 10.00 COPIES 1.00 Retn: CLBRK TO THB BOARD INTBROFPlCB 4TH FLOOR EXT 7240 16,":) Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GORDILLO, SAMUEL J=& MARIA M 505 NEW MARKET RD IMMOKALEE FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. PROJECT NO, Account No. 63856600109 61000 125752 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this071th day of ;::;I'I</J.. 2007. ATJ'EST~)- .:,. JS)WtGHTE..mWCK, CLERK ,,' ". .~ , " LllDc , .j... ..>,......~ BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FL ID By: , '. i, , .., " ", . , Apprc3v~~rt~ fo~rii a~ienCy ~7 Ie ~y David C~ W. igel r County Attorney JA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16C3 Print on pink paper. Attach to originul documl'nl. Original documents shuuld be hand delivered to the 130anJ Otfice The completed routing slip and original docume1llS UfC to be fill"\vun:Jed to the 130urd Oflke only an~ 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 exec tion oflhc Chairman's si nature, draw a line thrau h routing lines #1 through #4, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date List in Touting order) 1. 2. 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 thc 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 arc to be delivered to the Bee office only after the Bee has acted to approve the item) 3. 5. Sue Filson, Executive Manager Board of County Commissioners Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 24. 2007 Agenda Item Number l6C3 Annroved bv the BCC Type of Document Executive Summary, ResolutionC1\.A1 Number of Original I Attached Satisfaction of Lien ? Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark UN/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 BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCCs actions are nullified. Be a are f our deadlines! The document was approved by the BCC on 01 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. -:pc.. 'J)C ':DC '])C :1>6 I: Fonnsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16C3 RESOLUTION NO. 2007-...2,L A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 23058 This Resolution adopted thiso1+"~day of I1pf?/J... , 2007, after motion, second and majority vote. ATTEST.:: " DWIGRT E~i3R:OCK, CLERK 9~~~ rolY-&I0GJz At't.ff! s t es tQ~~il j I""1IlaIl S 5 1 qnll1iurQcQ.l~I'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JA~~~ Itern# live 3 Agen. datJ(~LJ ~ Date ~' D~t~d i~Sfu+ *** 4008952 OR: 4219 PG: 2442 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/20/2007 at 11:01AK D~IGHT E. BROCK, CLERK REC FBE 10.00 coms 1.00 ~/--\ Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 ,.~""_.,,.......~~-<-- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008953 OR: 4219 PG: 2443 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/2&/2007 at 11:01AM DWIGHT E. BROCK, CLERK REe FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C3 Property Folio No: 63452720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WEEKS JR, VAN D 1193-1195 ALHAMBRA CIR SO NAPLES, FL 339400000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars And Seventy Four Cents ($208.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1ST ADD BLK 11 LOT 24 OR 1801 PG 1964 Folio No. Project No. Account No. 63452720001 64000 23058 Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. of the State of Florida, hereby satisfaction of the Lien and hereby The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and !Xcording of this Satisfaction of Lien, by action of the Board thisc11-th day of liP/V/... ,2007. ATTEST: . 0:. _W:.'. IGHT E. B~O~. K,CLERK . ..... .. D .'J ~ ." " ,. ) -,' . .. '" -- . .. .:' ""\:-",,,,:, ." ._.~r, ~ f 9i'ilitUV'J 0, : Approved as to form ,"djeQa~",Y _~_ /.~ /' / , 1(" /l{~ /. v David C~ W 'ge {? County Attorney j' '~';~V.'>-'~ 'j. BOARD OF COUNTY COMMISSIONERS COLUE~OA By' ~ . JA , AN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attleh to original dOL'um<::nt. Original documents shnLlld he hand deli\cred to the Board Office. 1111: completed rouling slip and origin.11 documents arc to be fi.)I'\....ardcd to the Bnurd Omce only aftl'f the Board has taken ..clion 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 exec lion of the Chaimlan '5 si nature, draw a line throu h routin lines #1 thrau h #4, com lete the checklist. and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date (List in raulin order) I. 2. 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 BCT Chainnan 's sib'llature are to he delivered to the Bee office only after the Bee has acted to approve the 3. item.) Name of Primary Staff Pam Callis Phone Nmnber 403-2359 Contact Agenda Date Item was April 24. 2007 Agenda Item Number 16C4 Annroved bv the BCC Type of Document Executive Summary, Resolution, , L/ Number of Original I Attached Satisfaction of Lien ('7-C, Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners N/A(Not A licable) 6. Minutes and Records Clerk of Court's Office 'J)(!.. 'J)C. -::pc 'J)e- 'J)C I: Fonnsl County Forms! BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro 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 Oflice and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours 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 ware of our deadlines! The doeument was approved by the BCC on () (enter date) and all changes made during the meeting have heen incorporated in the attached doeument. The Conn Attorne 's Office has reviewed the chan es, if a lieahle. 2. 3. 4. 5. 6. RESOLUTION NO. 2007- 94 16C4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5526 17789 20776 22282 24329 24633 This Resolution adopted thiso?fth day of f}P/?/J... seypl)d and majority vote. . . -\' "', (., , 2007, after motion, " ATTEST: DWIGHT E. BROCK, CLERK ~~,PO~ iY-_ Attest 8S to ChaIrman , sIgnature 01'11- Approved as to form and legal ffici 'if: ~-7 ....-- BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY~ JAfi1i'ES COLETTA, CH AN ~avid C. Wfil el County Attorney ---l Item # L~':! I I ,.. lfl~IC2q-1 I ;.1 i ~SLt4 I ~~::~~~ L_..,.""._....",.--____"....~.,~ *** 4008954 OR: 4219 PG: 2444 *** RECORDID In OFFICIAL RICORDS of COLLIIR COUNTY, FL 04/26/2007 at 11:01AM DWIGHT I, BROCK, CLIRK RRC PIR 10,00 cams 1.00 Retn: CLIRK TO THR BOARD INTIROmCR 4TH FLOOR RlT 724 0 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008955 OR: 4219 PG: 2445 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/20/2007 at 11:01AK DWIGHT E, BROCK, CLERK REC FEE 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE ITH FLOOR EXT 7210 16C4 Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GORDILLO, SAMUEL J=& MARIA M 505 NEW MARKET RD W IMMOKALEE FL 341423055 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Ninety Seven Cents ($78.97), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 20 LOT 4 Folio No. Project No. Account No. 63856600109 65001 5526 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiSo1'ltklay of flpR/J... , 2007. (~":l,~ " A TTE."S'f:" ::;' . ': . .... '.. ~YVIGHTI;'.,~ROCK, CLERK : .<'. '."::;' ~ .... Pc.. . t"II;"'t~()h.; 1 m&lll S '!jqn~t:.;I""~~l);l Approved'a'sta form and legal sufficiency ~ ~. /t David C. igel (V County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU Y, FL 10 By: , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008956 OR: 4219 PG: 2446 *** RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/26/1007 at 11:01AK DWIGHT E. BROCK, CLBRK RBC m 10.00 COPlES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR m 7240 16C4 Property Folio No. 52650680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GARZA, ENCARNACION=& NANCY 0 PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK BLOTS 8 + 9 OR 1012 PG 124 Folio No. Project No. Account No. 52650680006 65000 17789 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~.v-Mday of RfJRIJ.. , 2007. ,',. ,~, . ATTEST;. OWIGHT1;.BROCK, CLERK ~~~~ ~6~Dc 'Att~st ~s to Chalnaan , signature 0l11~ Approved as to form and legal sufficiency ~/~/ lj .....0 vid C. W Igel I" County Attorney BOARD OF COUNTY COMMISSIONERS CB:LLlEY~ JA ,R AN ? This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008957 OR: 4219 PG: 2447 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 11:01AK DWIGHT E, BROCK, CLERK REC FEE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROPFICE 4TH FLOOR EXT 7240 16C4 Property Folio No, 60380960004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HINOJOSA RODRIGUEZ, EFREN PO BOX 691 IMMOKALEE FL 341430691 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MOBILE MANOR LOT 26 OR 1377 PG 968 Folio No. Project No Account No. 60380960004 65000 20776 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisdJ/i!hday of ftPRI/... , 2007. r;['t ( A T:r~sl: ." DWIGHT E. I3cROCK, CLERK ~~GD: " Att%t ~s tOC114tl'llaR , .' s,lgn4tur,,0Il1 ~ Approved as to form and legal sufficiency 6<JZl~ ~_. I County Attorney BOARD OF COUNTY COMMISSIONERS CB:LLlEZ~Aw JA S COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008958 OR: 4219 PG: 2448 *** RECORDED In OFFICIAL RECDRDS of COLLIER COUNTY, FL 04/26/2001 at 11:01AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT1240 Property Folio No. 62203480009 16rlt u " SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLlAM=& RUTH 5537 SHOL TZ ST NAPLES, FL 341138766 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. Project No. Account No. 62203480009 65000 22282 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ay of f}PRIJ.. , 2007. ,~' " - ~ . . , . '. . /'-: " . '~. ATTEST:,". ~ -.., .' -v. DWIGrHE. BR"OC'K, CLERK '~~L\i~k~~ Dc Attest'I,$,[,tQ:,\CI\alrl\4l'l , s 1 qnature on 1 ., Approved as to form and legal sufficiency ~l~/ ,David C. W igel {r County Attorney By: JA ----'. *** 4008959 OR: 4219 PG: 2449 *** RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/16/1007 at 11:01AK DWIGHT E. EROCK,CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7140 Property Folio No. 63452720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WEEKS JR, VAN D 1193 S ALHAMBRA CIR #1195 NAPLES, FL 341033207 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1 ST ADD BLK 11 LOT 24 OR 1801 PG 1964 Folio No. Project No. Account No. 63452720001 65000 24329 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,2--*J,day of I1PRlh , 2007. ATT~~.~~... '. DWJGtlT E. BROCK, CLERK ~~I . <.~~~ Lx By: . '. ~toCh4tr1l4n s s 19nature.'0J\{. ',' .> '..l ApproV.e9"pl'~orm and legai's'ufficiency ~ ~/// / j.,/.{)avid C. w-:?el D County Attorney 16C4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008960 OR: 4219 PG: 2450 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/1,/1007 at 11:01AM DWIGHT B, BROCK, CLBRK RBC FBB 10,00 COFIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR EXT 7140 Property Folio No. 63852200008 16C4 . SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: SEMATUS, BEMET ANNE M DUMOND PO BOX 1694 IMMOKALEE FL 341431694 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 9 LOT 1 Folio No. Project No. Account No. 63852200008 65000 24633 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~day of ftP,QJJ.. , 2007. ATTEST: DWI~HT E BRO~,ER~ ~Q...1[ ukP~.. ~4. IX .,t.:.':,"~. ,3'5 t,,''\' GhL1 L~n s ti,?Jt4tl,n'enlH ., ".', .,I Approved as to form and legal sufficiency Dzr4'~-i County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, F RI By: - ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16C5 Print on rink paper. ,t>.lIacn to original d(\~'ument. Original documents should be hand delivered to the Board Olllet:. The completed routing slip and original ducuments arc to be fi:,["\varded to the fill:ml Office only after the IJo:ml has taken action on the ikm,) 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 exc lion of the Chairman's si nature, draw a line thrall h routing lines #1 through #4, co lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder orthe 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 lor additional or missing information. All original documents needing the nee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) 3. Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16C5 Approved bv the BCC Type of Document Executive Summary, ResolutioV""" . r <: N umber of Original I Attached Satisfaction of Lien ('" 7- Cf ' Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Yes (Initial) N/A(Not A licable) 6. Minutes and Records Clerk of Court's Office '::Pc.- 'j)C 1>~ 1Jc, 1)~ I: Forms/ County Forms/ Bee Forms/ 01iginal Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bec Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exec 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 Bee's actions are nullified. Be aware f our deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorpora ed in the attached docnment. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. RESOLUTION NO. 2007- 95 16C5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5021 7294 19583 24536 27766 27889 28202 29036 This Resolution adopted after thisc;P!t;h day of A P R I to , 2007 after motion, second and majority vote. A TTEST_. ~~D<- s Hiillltll"~ ' 001 · Approved" as" to fortn and le~~:r ~ r rDavid C. W gel County Attorney r'-"'''-"' ~-- f '" }\,Q~6 """, lj~~.y.k:}- ',~;elic, y!2<k~! kl)" . :~~J?~J t~..__J BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY J4c~~N *** 4008961 OR: 4219 PG: 2451 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/16/1007 at 11:01AN DWIGHT E, BROCK, CLBRK REC FEE 10,00 COPIES !.DO Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR EXT 7140 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008962 OR: 4219 PG: 2452 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 11:01AM DWIGHT E. BROCK. CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR EXT 7240 16C5 Property Folio No: 24982520008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GALLAGHER, WILLIAM F V 1883 HARBOR LN NAPLES FL 341044268 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BROOKSIDE UNIT 3 PLAT 2 BLK G LOT 2 OR 1603 PG 319 Folio No. Project No. Account No. 24982520008 66000 5021 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~.ytklay of fjPI<IJ... , 2007. ,<~ '2i:' ~ · ATtES.i:'. DWIGHt1:.SROCK, CLERK ~. ~tG-~\X , . . ttt,St IS to Chaf rman Appr!~~ f1/l1)1.1 S and legal sufficiency ~/l~ D 'dC W '''1 aVI . elge r;v- County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C TY, F By: JA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008963 OR: 4219 PG: 2453 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2002 at 11:01AK DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR EXT 1240 Property Folio No: 35641360006 16C.5 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MENDICINO, DAVID=& MINDY N 4125 GOLDEN GATE PKWY NAPLES FL 341166521 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 1 BLK 6 LOT 15 Folio No. Project No. Account No. 35641360006 66000 7294 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ay of APRIJ... 2007. ATTEST: . -oWIG T E.BROCK, CLERK .... .". ~to- . 0l. APprov~~'.YA~~;3r~I~:1l4Irau · and legal sufficiency J~"'~~ ~-( () County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FRIDA By: JA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008964 OR: 4219 PG: 2454 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 11:01AM DWIGHT E, BROCK, CLBRK REC FEE 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C5 Property Folio No: 52650680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GARZA, ENCARNACION=& NANCY 0 PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK BLOTS 8 + 9 OR 1012 PG 124 Folio No. Project No. Account No. 52650680006 66000 19583 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ay of Ii Pie I J. , 2007. \. ,.' ATTEST: , DWIGHTE.;BROCK, CLERK ~\ '}~. Xo~ctu~tG Dc . {,....".,~" pr ,,-. - I ',- ~"'..~:~'~':-tl. ~:,~ ';J ~;~l: ,?'rJW..:m a Approved'~t6'form. ~ . and legal sufficiency ~ ~--l yL 1\.---0 vld C. gel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER cq0'lTY, F RI A ,,/ ;' k..," By: /.J JA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008965 OR: 4219 PG: 2455 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 04!26/2007 at 11:01AK DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLERK TO THE EOARD INTEROFPICE 4TH FLOOR EXT 7240 Property Folio No: 62203480009 16C5 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLlAM=& RUTH 5537 SHOL TZ ST NAPLES FL 341138766 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. Project No. Account No. 66203480009 66000 24536 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~day of ,t:}PIUJ. , 2007. '1 ,," ATTEST: DWIGHT EI3ROCK, CLERK ~;~t~~^C~~\\ U( Ap~rgQ&lf~s fl3'f;rm and legal sufficiency ~ .//----/ r f.Oavid C. eigel County Attorney BOARD OF COUNTY COLLIER C NTY, By: JA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008966 OR: 4219 PG: 2456 *** RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at Il:OIAK DWIGHT E, EROCK. CLERK RBC FBE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR FXT7240 16C5 Property Folio No: 65074040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WILLIAMS, JESSIE 4506 48TH AVE VERO BEACH, FL 329671042 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALMETTO PARK BLK 4 LOTS 2 + 3 OR 567 PG 469 OR 1539 PG 429 OR 1650 PG 380 Folio No. Project No. Account No. 65074040002 66000 27766 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~day of I7pl<lJ.- , 2007. ATTE;SI: DWIGHt!:. BROCK, CLERK . ~..~ '~"'.'~ ~'U IX . '. il~..' tit. ,,1) ., a nMll ~ . APf>'fiM1?1ts f6form and legal sufficiency ~ --. c" y// I l~avid C. W Igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008967 OR: 4219 PG: 2457 *** RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/20/2007 at 11:01AN D~IGHT E. BROCK. CLBRK REC m 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C5 Property Folio No: 65171240006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: TYLER, ROBRIEST H=& GABRIEL 605 BREEZEWOOD DR IMMOKALEE FL 341424206 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 2 LOT 78 OR 2076 PG 1803 Folio No. Project No. Account No. 65171240006 66000 27889 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thisO?~day of fipl?/J.. , 2007. ',\ 1i; :'Af(ESt~ ~~I~~~Lk , . ,'..'. \.- 7:.-:; ,"'< ~, BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FRIDA Approved as to form and legal sufficiency ~~7 6"rDavid C. W igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008968 OR: 4219 PG: 2458 *** REcORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2007 at 11:01AK DWIGHT E, BROCK, CLERK REC m 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No: 65671600007 16C5 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: TURNER, BRENDA K 654 PALM LAKE DR NAPLES FL 341045406 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM SPGS EST UNIT 1 BLK 3 LOT 9 Folio No. Project No. Account No. 65671600007 66000 28202 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~day of ftPI?/J.. , 2007. 'AirE.~T: DWIGHT E. BROCK, CLERK COLLIER CO '~C\1uul"1 ~Cl~t ~ By: ",. t':>,.+"'.,.~ .".,~ .\.:'\ 1', ~ 1 JA , "'..:-," t' -, ..,_!,,) ,~,1" S . , "Approved as to form , and ,legal sufficiency ~~) / pl/Da id C. Igel U County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4008969 OR: 4219 PG: 2459 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/2&/2007 at 11:01AM DWIGHT E. BROCK, CLERK REC FBE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No: 67490480008 16C5 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EDMOND, JESUIS 5348 TEXAS AVE NAPLES, FL 341137828 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE VIEW VILLAS BLK A LOT 12 OR 1839 PG 110 Folio No. Project No. Account No. 67490480008 66000 29036 Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this,;ll{tlday of ffpr?/J.. , 2007. ~ ' By: ';F':l, ", () ~ JA . AP~}aQ~~ Rl'Mrm and legal sufficiency 1(7 /1 .//-- , 6"'k.David C. ~gel County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO mJ. 6 D Print on pink paperTA~a~ ~~~~?oc~~nt~)?g~~d~c:m~~~~b~~~~?~~~~ 2:!r~~~c~~~0~~~~~!n~sliP and original 3 documents are to be fOlwarded 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 nceded. If the document is already complete with the exccotion of the Chairman's signature, dmw a line through routing lines # I through #4, cOffiolete the checklist, and forward to Sue Filson (Iine#5) Route to Addressee(s) Office Initials Date (List in routinl! order) I. -------- ------ ---"~_. ---,- d~ ---- ----.-- ~~ ._----~--~-- L__ - ~-~---- 2. m__ ---------------- - - - - 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 contoct is the holder of IDe original document pending Bee approvaL Normally the primary contact is the person who created'prepared the executive summary. Primary conlnct intonnation is needed in the event one of the addressees above, inclwing Sue Filson, need to cmtact 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 B('C has acted to approve the item) Name of Primary Staff Ron Jamro Phone Number 774-8476 Contact Agenda Date Item was 4/24/07 Agenda Item Number 1003 Aooroved bv the BCC Type of Document Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executcd 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 Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on 4/24/07 (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. Yes (Initial) RJ N/A(Not A Iicable) 2~ 3~ 4~ 5. 6. RJ RJ RJ RJ RJ I: Forms! COWlty Forms! Bee forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D3 MEMORANDUM Date: April 25, 2007 To: Ron J amro Museum Director From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: "Rob Storter Collection" Agreement Enclosed please find one (1) copy of the above referenced document (Agenda Item #16D3), approved by the Board of County Commissioners on Tuesday, April 24, 2007. If you have any questions, please call me at 774-8411. Thank you. Enclosures (I) 16D3 AGREEMENT REGARDING THE "ROB STORTER COLLECTION", A COLLECTION OF 310 WORKS OF ART This two page, three party, Agreement, entered into this J'I Dayof /:J?i\ I L 2007, between the Friends of the Museum of the Everglades, Inc., a Florida corporation (the "Friends"), and the Board of the Collier County Commissioners on behalf of the Collier County Museum ("CCM"), a Department of Collier County, a political subdivision of the State of Florida, and Betty Briggs, an individual. The three (3) parties agree as follows; 1. In consideration of the 310 works of art created by Robert Storter, referred to herein as the "Collection". All items that comprise the Collection are listed on Attachment "A" attached hereto. The Friends has paid at least $79,000, principal plus interest, to Betty Briggs, a granddaughter of Robert Storter, as per the signed payment schedule. The CCM is remitting a lump sum of $75,000 to Betty Briggs concurrently with the County's execution of this Agreement. The Friends is remitting any remaining balance due in interest to date. Betty Briggs hereby confirms that she has been paid in full for the Collection and that no other property interests exist in the Collection. 2. The Friends and Betty Briggs hereby quit-claim the Collection to the CCM and donate all right, title and interest in the Collection to the CCM, including all copyrights, and hereby deliver actual physical possession of the Collection to the CCM. 3. Except as specified otherwise below, the Collection (all 310 items) shall be kept intact as a composite collection to serve the public interest. No item in the Collection shall be sold, encumbered, donated, traded, bailed or otherwise be separated from the other items in the Collection, except on a temporary basis, as specified below in Section 4. 4. As practicable, a selection of the items in the Collection shall be kept on public display at the Museum of the Everglades, a branch facility of the CCM, on a rotating basis in association with the Robert Storter pieces already owned and displayed by CCM. CCM agrees to house, catalog, preserve and use the Collection in whatever ways that, in the sole judgment of the CCM, will best serve the public interest. Also, it is mutually agreed by the Friends, the CCM, and Betty Briggs, that: (a) items in the Collection will be placed in storage at the CCM, or in a secured, off-site art storage facility approved by the CCM and; (b) selected items in the Collection may be temporarily separated from the Collection from time-to-time for use in specialized public displays or for tour and traveling exhibition purposes at other approved museum locations throughout Florida and the United States. Friends agree to pay 50% of the costs for planning, developing, fabricating, coordinating and promoting such traveling exhibitions, and may continue to market selected, authorized reproductions of items in the Collection to generate revenue to benefit the Museum of the Everglades. its exhibits and !b~ D 3 programs. 5. This Agreement shall be governed by the laws of the State of Florida. In the event of any litigation in any court(s) of law and/or any other legal proceedings, the forum shall be limited to within Collier County, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above in the first paragraph. Witnesses for Friends of the Museum of the Everglades: )7 .~ / / it '~;YL"'L': (( . / t. i Signature of First Witness" FRIENDS OF THE MUSEUM OF THE EVERGLADES. INC: T~.tfi-' i ;c. fl. H (/ (r' Print Name of First Witness BY' ~ C~ ~rfr:i '. i. .~ ~ III . ,> 'f:::L-,!:;--;./:.. 1\...1-t. ~{ -.-.) ,h ( .-.( ') I Signature of Second Witness rl v, \1 n ?\\'l I \/1 e C:DVj Print Name of Second Witness Witnesses for Betty Briggs 6al~(MI (4. i/:'- Signature of First Witness BETTY BRIGGS, as individual BClIbQra cain Print Name of First Witness .1 / i ) Sig~~~~~conr~~~tk-./ . O$;, ~d>rP Slgnatur& . -- i ~_~ <-/1./ ~ LisA ~f- Print Name of Second Witness ATTEST: DWIGHT E. BROCK. Clerk For the Collier County Museum by the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and Ie al sufficiency: D.~- .- 16D3 By d.~ I/U Jam Coletta, Chairman t';-::~<~'l;::.,',J.~ . i j " ,~~~~'-,: . , ....iX;pi,lty Ci~rk , By: ",,", ~'~~,sti~1;to'>Ci,a lnnan , ": ,Oi; '~'I' ",^ ,..,1 ltom# lW23 Agenda \ I'd} \ I\)1- Oat,:; ~ I 0018 ~-(1- ~ _' OT ~'Recl , ~~PttA \14 -- ,'~., '~ ~::;p~I':;r' ",l(;f:~ ~".u_..____"'__"'"""....~-..,.,.. AITACHMENT A ROB STORTER Everglades Pioneer and Primitive Artist ] 894-1987 Drawinl!s I. Henscratch Camp Meeting 2. Miracle Story 3. Seine Haul, Naples 4. Fishing Gear 5. Spoonbills 6. Naples, Mackerel Fleet 7. Everglades, Old Home 8. Punta Rassa 9. Little Pavilion Key 10. Tiny and I Catch Mullet 11. Sawfish/Wylies 12. Chokoloskee Baptism 13. Old Everglade 14. A Close Call with a Gator 15. John Weeks Mialboat 16. A good Load 17. Pelican Key, Gov. Komer 18. Red Mangrove/Mullet 19. On Little Pavilion Key, Turtle 20. Bear at Haldeman's, Naples 21. Entrance to Everglade River 22. Deep Lake Grove 23. Sister Winnie in Tub 24. Seminole Indians in Circle 25. Porpoise in Jig 26. Chatham River Watson Farm 27. Rattlesnake Swimming 28. Dry Stop Mullet Fishing 29. Filling in the Old Naples Canal 30. West Coast Fishhouse 31. A Good Hunt 32. OldlNew Way of Mullet Fishing 33. Loggerhead on Naples Beach 34. Gordon's Pass 1916 35. Cane Scow, Halfway Creek 36. Naples Home, 1917 37. Nanna, Guiding 38. Doctor's Pass 39. Fool's Point after Storm 40. Tarpon Plugcasting 41. Brutis and Cousin Bill 42. Before 1926 Hurricane, Chokoloskee 16D3 43. After 1926 Hurricane, Chokoloskee 44. Mad Bar 45. Daniels/Fakahatchee 46. Marco Island Railroad/Rowboat Race 47. Kingfishing off Naples 48. Baptism at Caloosahatchee River 49. Fiddler Bar 1928, Gordon's Pass 50. Duck Rock 1935 51. Eagle, Gordon's Pass 52. Catching an OwVFly Rod 53. Outboard Marina, Naples 54. Mr. Sample's First Tarpon, Sugar Bay 55. Model T Ford 56. Clam Boat, Sad/Happy 57. Port Royal (spot of I st Home, Naples) 58. Key West Dock, Years Ago 59. Clara/Calm Digging Dredge 60. Diggers Camp, Little Pavilion 61. Downtown Marco 62. Run Season, 7600 Ibs Mullet 63. 1935 Hurricane 64. Turtle, Naples Beach 65. Coon in Trap 66. Wilbur's Boathouse/Naples Bay 67. Swimming Snake, Marco 68. Sail, Steam, Model T Days 69. Clara, Clam Boat Sinking 70. Rookery Bay, Two Men in Boat 71. Tarpon, Rookery Bay 1925 72. Seabelle, West Coast Fishhouse 73. WaitinglWeather, Wood Key 74. Wilbur in Overturned Boat 75. Moving to Naples 1916 76. Little Pavilion Clam Tents 1910 77. Spoonbills Feeding 78. Swimming Deer 79. Rev. Gatewood, Everglade 80. Birds, Tamiami Trail 81. Turkey, Deep Lake 82. Ethel Q. Chatam River 83. Tamiami Trail, Rosco Walker 84. 1935 Home, Goodlett Road 85. Lem, Deer, Heidi 86. Shrimp Boat 87. Rattlesnake 88. Pier/Post Office, Naples 1918 89. Mailboats 90. Up Shark River, Comet 16D3 - 91. Clam Pass 1971 92. Johnson Island 93. Seven Mile Bridge, Marathon 94. Home in Ortona 95. Fool's Point and Pelican Key 1910 96. Head of New River & Whale 97. Houseboat Sinks 1936 98. Smallwood Store, Chokoloskee 99. Speedwell, Bottom-up 100. Fakahatchee & Russell Island 101. 1912 End of Deep Lake Road 102. Everglade Plane Crash 103. Rob/Dog/Yellow Truck 104. NW end ofChokoloskee 1930 105. George.Rob, Lopez River 1923 106. Little Pavilion Key Campsite 107. Shark Rier Area 108. Combs Fish Co., Naples 109. Mackerel fishing 1940 110. First Ortona Church 111. Dad Rowe, 1914, Chokoloskee 112. Devilfish/Seabreeze 1917 113. Grouper fishing/Naples 114. Refuge in a Cane Scow 1910 Storm 115. Floating Riggs Fish Co. 116. Grandson Roby/Tiny 117. We Loved Tiny 118. I'm Read to Clean Fish 119. Possom Key, A. Darwin 120. Naples Pier, 1973 121. I Am No Artist (words only) 122. Gaston's Chicken Farm 123. Gulf Strike with Pilings 124. Tarpon Fishing, Coon Key 125. Sand Fly Rock/Fishhouse 126. HartiTrip 127. Plugcasting Near Shark River 128. In Snook Season 129. 1910 Storm, Schoolhouse 130. Mr. Mount, Fool's Point 131. Going Swimming/Going Home 132. Model T (words, small drawing) 133. Fishing for Mr. Combs 134. The Bertie Lee 135. Tiny & I Thanking Lord for Food 136. Key West in Sailboat Days 137. 3 Boats/Coot Bay 138. Inboard Invention 16D3 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 4 Views, Marco, RR, Capri Marilea (2 drawings side-by-side) Mad Owl North Star, Sawyer's Houseboat Miss Georgia, Stern Roller Seine Haul/Keewaydin Huston River Fishing Cutting Nanna in Half First Ice House, Naples Mangaroves Ripe/Groupers Cold Day/Sheepshead Sandflies/Snappers Lert-hand Fiddler, Naples Seabreeze and First House, Naples Caloosahatchee Trip] 914 First Boat Lift, Naples Bay 1935 Stor/Mud Bay Naples Toursit Court/Lightning Strike Whale/Shark, Caxambas Sunset, Cape Roman Naples City Dock 1916 Naples City Dock 1916-17 Sunset, Naples Beach Hamilton/Wood Key 1918 Guiding tor Tarpon, 1958 Row Boat Days, 1934 Inboard Days, 1945 Buttonwood Landing/Shelling Nap at Dawn/Mosquitoes Fleet Heading North to Sanibel Sawfish/Tussok Key 1st Fishhouse/I sl home Gomez and Wife Marriage on Lopez River Pelicansrrurtle Eggs Bay Shore Hotel, 1921 Riggs Fish Co/ 151 Icehouse Map/Marco Pass 1916/1970 Indians/Canoes, Storter Store Lee Parker's Fishhouse Houseboat Sinking Terre Haute Poinciana Tree, Everglade First Bridge over Gordon River Gassing Up at Combs First Home, Naples Bay Dismal Key, Salting Mullet Gordon River Bridge/Combs 16J!J3 - 187. 188. 189. 190. Birds Following Mackerel Fleet Goodlette Road Sailing, Turkey Key Naples, 1916, Kirkland Wedding 16D3 Paintinl!s on Board 191. Pompano Fishing 192. Case Knife 193. Pompano Fish 194. Pelicans/Sailboat 195. Pelicans on Pilings 196. The Last Look, Doctor's Pass 197. Nanna (relief) 198. Chokoloskee 1927 (relief) 199. Sixteen View of Early Naples 200. Old Marco, 1909 201. Chokoloskee Revival 202. Tarpon Fishing Dollar Bay PhotOl!raphs with Nel!atiyes by John Bril!l!s 203. 36 4" x 6" George Storter's Ledgers, Eutaw, 1861, and Demopolis, Alabama 1866 (Originals in Montgomery State Capitol Archives, Alabama) Transparencies 204. 126 4" x 5" Color Transparencies of Rob's Artwork 205. 35 mm Slide Transparencies by Bud Lee Postcards 206. Wesley Storter's Yacht Polaris 1972 207. Devilfish 1938, Naples 208. George W. Storter, Everglade Photol!raphs ( bv John Bril!I!S) 209. Marilea and Rob/ Naples Banana Patch 4 Y, x 6 Y, 210. Marilea and Rob/ Naples Banana Patch 6 Y, x 10, Color 211. Rob Mending Net, Naples, 1979, 4 x 5 Y, 212. Rob Mending Net, Naples, 1979, 5 v.. x 7 V. 213. Rob's Net Shed, Naples, 1979 214. Claude and Rob 1895 215. Nancy and R.B. 216. Claude, Nancy, Rob, R.B., George 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. Rob/Cap at Naples Home Everglades Inn Courthouse, Everglades, after Storm Rod and Gun Club Cypress Loggers, Everglade George Storter General Store Rob Working on Fishbox Cassie, Rob and Vance 1918 Everglade School (Rob, center in black) Betty Holbrook (Storter) circa 1857 G.W. Storter, R.B., Nancy, Claude Lem, Rob, Marilea, Betty, Olivia, Marguertie Rob in Bow of Skiff Rob Building Skiff Nancy and Children (Hub and Mildred missing) George Storter Pulling Party, Everglades The Regal, Everglade G.W. Storter, General Store S.O.S. Nannie Storter with Dog, Everglade R.B. Storter in Boat/Handling Motor Marilea, circa 1918 Rob, circa 1912 Rob, Jake (cook), WaIter Bostick, 1914 Stu- Tutt Buggy, 1925, Naples Rear ofG.W. Storter House, Everglade Bertie Lee, R.B. Schooner, Everglade 16D3 Three Dimensional Obiects 243. Boat Carving 244. Boat Carving 245. Boat Carving 246. Handcarved Knofe 247. Fishbox 248. Fishbox 249. Fishbox 250. Fishbox 251. Bird Plaque 252. Fish Plaque 253. Fish Plaque 254. Net Shuttle 255. Net Shuttle 256. Net Shuttle 257. Matchbox holder carved by R.B. Storter 258. Inboard skiff -::-7 /"' /1 r"7 .. <t~;, .~.' ...,..t Journals ,;!.~ ''L.. 259. I Journal 260. I Journal 261. Sketchbook Documentation 262. Crackers in the Glade 263. Video of Rob at home Reviews 264. Miami Herald, April23, 2000 265. Gulf Shore Life, Dec 2000 266. Orlando Sentinel, May 7, 2000 267. Southern Cultures, Fall 2001 268. The Tecumseh Review, Spring 2001 269. Marco Island Eagle, April 12, 2000 270. The News Press, April 17, 2002 271. Tallahassee Democrat, Maty 7, 2000 272. Jacksonville Florida Times, April 16, 2000 273. The Peace River Farmer and Rancher, August 2000 274. Chicago Tribune, June 20,2000 275. The Brandon News, August 30, 2000 276. The Tampa Tribune, June 7,2000 277. Exhibitions Crackers in the Glade, Private Preview, March 25, 2000 Exhibition, Museum of the Everglades, Everglades City, April 4, 2000 Rob Storter Exhibit, Plant City, August 17,2000 ' Expedition, River of Grass, Sherry French Gallery, NYC 1994-98 Expedition Postcard, Collier County Museum, Naples, April 18, 2000 The Art of the Book, Univ. Ga. Press Exhibit, Sept. I, 20Q2 , 278. Five Copies of Photographs (Enlarged) 16D3 ROB STORTER COLLECTION Additioual items included in collection by Betty Briggs (not on her printed list) 279. Carved "Bertie Lee" painted boat on wood 280. Carved "Bonita" painted boat on wood 281. Painted Boat on cardboard (Nanna) 282. Punta Rassa - painted on wood 283. Three children on an island painted on wood 284. OffLostman's River painted on cardboard 285. "Old Home on Allen River where I was born" on cardboard 286. Big Heron painted on cardboard 287. "Chief" Wonzel (purple hair) with Rob and Tarpon on paper 288. "Chief' Wonzel with Rob and Tarpon on board (framed) 289. Pelican Key painted on board 290. Little Pavillion Key painted on board 291. CG-249 Painted Boat 292. "Clara" with larger boat 293. Boat - Tarpon Fishing on Broad River 294. Boat with American Flag - watercolor 295. "Lady Rob" Crab boat leaving Everglades National Park 296. Old Punta Rassa (1904) - mixed media 297. Shells - Clams - August 1979 - "A Good Story" 298. At Sun Down - "A Good Story" 299. Little Pavilion Key with tents painted on board 300. Nick the Bulgarian 301. Comer Island 302. Drs. Pass and Bay 303. Crabs and Fish and Birds - on back Spoonbills 304. Raccoon and Baby 305. House on Bay with Boat 306. Duck Rock on cardboard 307. GW Storter Home 1909 308. Alligator in Pond 309. Fish Box - "Jesus said Follow Me" 310. Long Fish Box - "From an Old Time Fisherman" FRIENDS OF THE MUSEUNl OF THE EVERGLADES PO !;lox 617 EVEAGlAOES CITY, FL 34139 161]3" --"._."=-".".,,,,",,-=-"""'",,~~ ATIACHMENT B 1100 fi(,i'])ll1r'F__.. ....79~jl1l~<:#~--...._ _ ..._.... .-----,.;Jl~!l!t;tA. ffH:Jrt.,"".J,~N.t~o/Lr!l). . fl}.... F.ifth Third. oanl< FLQRIQA NAPlES,FLORIDA -Qd:,ll_.q~%AT' 63.91711670 $ 30... OcX', tlO _._Q:!tl,.~~~S fD !_;,_~I~_ - - __.....__n___ a~4::;~~4~ .. Friends of the Museum of the. - . Everglades POBox 677, Everglades City,FL, 34139 16D3 April 5, 2005 Mrs. Betty Briggs 905 North Roux Street Plant City, Florida 33563 Dear Betty: It was a pleasure having you and your extended family present at our recent Museum of the Everglades Birthday celebration. I only wish we had taken a group picture of all the Storter's. As per our telephone conversation, I am sending you a check in the amount of $24,455.00 which represents our first year's payment of $24,000 (plus interest of $455.00) for the Storter Collection by the Friends of the Museum of the Everglades. We understand that next year's payment will be due prior to October 1, 2006, but again if the funds are available earlier in 2006 we plan to send you another check. Thank you again for attending our recent event, and many visitors are now enjoying a selection of your grandfather's works in our Pauline Reeves Gallery at the Museum. Sincerely, . {2ft:~~. (/j )t!! Patricia A. Huff Board Members, Friends of the Museum otthe Everglades Enclosure r"=-'-~'~~-~-'~ ,0" . .. 1.1 FRIENDS OF THE MUSEUM OF THE EVERGLADES PO BOX 677 EVERGLADES CITY, FL 34139 ---~:::":~--: - '~- ...-"~~= 1150 7J/&1. c- "'J(J'Ar 63-9171/fflO . ~/'^ =DATE . PAYTO TIll' A..e..z:z:;;.. -<<./'11'< /.)~ A.J .. O"DIil~OP' -:;-~.. f :: ---rr .. J $;l4,~q: /J.E. ~~ "71J '7LcJ.' ..,/ J.. J I 'lLia,'" . .AI.AH(" 0. '"""" ___ _._.,_"_~ '.J~- pl-HAA ~ rr--rr.lt ~~ ~tl,ARS l.!J ~m:,~';" ~ F hThird Bank f IfIJ' FLORIDA NAPLES, FLORIDA I 1~"f1L~~..,I-.~""".z '.; I: tf~~~f-~ Friends of the Museum of the - - Everglades POBox 677, Everglades City, FL, 34139 16D~ May 7, 2006 Mrs. Betty Briggs 905 North Roux Street Plant City, Florida 33563 Dear Betty: Enclosed you will find a check in the amount of $24,560.00 which represents our second year's payment of $24,000 (plus interest of $560.00) for the Storter Collection by the Friends of the Museum of the Everglades. We understand that next year's payment will be due prior to October 1, 2007, but again if the funds are available earlier in 2007 we plan to send you another check. Enclosed is an article from today's Ft. Myers News Press discussing the exhibit at Rookery Bay. I hope you and your family will have a chance to visit the exhibit before the end of September. For your information we have also been invited to exhibit The Storter Collection at the Historical Museum of Southern Florida in Miami from September 7,2007, to January 20, 2008. We are very excited about '.' the Collection being shown in Miami. I will keep you informed if they plan an opening reception. Hope you are having a good summer. Sincerely, (/tzi<u.L;l )tf{- Patricia A. Huff . , Vice President, Friends of the Museum of the Everglades Enclosure I 1m224 ~I" -~ji "~ ~$~ii~~!~~:[:~"~LM~~:UM OF THE EVERGLADE~_2..2pC,J~),m. ~91711670 I i 6 D 3 li:~-;:r:~~~;~.~~--~~~:.~: I -------- ---- ~r~~~~:r".,I2')IJAI(S l.!J ~:;:;,;;. ~ flJ Fifth Third Bank ;" FLORIDA F NN'LES. fLORIOA I : I [_,",,'fJ~hL~ W'/ 'U~)_~ -,,:" i~~~~''fi>lID=iJ-'t:iE~-'''~~~'"'~''''''~~~~"y-~"''~~~''''~:;l"''=~~~'(.)!)'''''''4),-"";;~~ru~ ,I.J 16D5 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 6, 2008. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D? TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand dehvcred 10 the Board Oflicc, The completed routing slip and original documents arc to be forwarded to the Board Office only after tht: Board has taken a(,tion on Ihe 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 ex tion of the Chairman's si ature, draw a line thrau mutin lines # I thrOll #4, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date (List in routin order) I. 2. 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 statl'for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC otlice only after the BCC has acted to approve the item) 3. Name of Primary Staff Susan Golden. Grants Administration Phone Number 213-2901 Contact Mana2er Agenda Date Item was April 24, 2007 Agenda Item Number 160.7 Approved bv the BCC Type of Document Housing Plan with Resolution and Number of Original 2 Attached Certification {-'<-;' UO-t..l C, I. Documents Attached 4. 5. Sue Filson, Executive Manager Board of County Commissioners Yes (Initial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office p p I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 l. 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 BeC 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 Bee on 4/24/2007(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. 16D? MEMORANDUM Date: April 25, 2007 To: Susan Golden, State Grants Admin. Mgr. Financial Administration and Housing From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-96: Housing Plan with Resolution and Certification Enclosed, please find one (1) original document and one (1) certified copy of the Resolution as referenced above (Agenda Item #16D7) adopted by the Collier County Board of County Commissioners on Tuesday, April 24, 2007. After Submital to the appropriate agency please return a copy of the fully executed document to the Minutes & Records Department to be kept in the public record. If you should have any questions please call me at 774-8411. Thank you. Enclosures (1) 16D7 COLLIER COUNTY Housing and Human Services Memo FROM: Sue Filson, Executive Manager BCC Patricia Morgan, Supervisor Clerk of Courts, Minutes and Records Susan Golden, Grants Administration Manager ~ TO: SUBJECT: Agenda Item 16 D {7} BCC meeting 4/24/07 DATE: April 24, 2007 The Board approved the attached document on consent agenda on April 24, 2007. The attached SHIP Local Housing Assistance Plan (LHAP) is due in Tallahassee on Tuesday, May 1, 2007. I would like to overnight the original signed documents on Friday, April 27th.but no later than Monday, April 30th. Please contact me at 213-2901 as soon as your office has completed signing/attesting the Resolution and the Certification and I will pick up the originals. Thank you for your assistance. i!;( ,- """', <4Ul.J/ COllIER COUNTY, FLORIDA and the CITY OF NAPLES, Fl SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE OF FLORIDA FISCAL YEARS FY2007-08,2008-09,2009-10 Prepared by the Collier County Housing and Human Services Department Public Services Division 30S0 North Horseshoe Drive Suite 110 Naples, FL 34104 {239} 403-2330 www.colliergov.net April 2007 - 1 - TABLE OF CONTENTS I. Program Description 3 Purchase Price and Income Limits 5 Definitions 7 II. Affordable Housing Strategies 8 Purchase Assistance 8 Owner Occupied Rehabilitation 9 Land Acquisition and New Construction 10 Demolition with New Construction 11 Special Needs Housing 12 Rental Housing Rehabilitation 13 Disaster Relief 15 Relocation Assistance 16 Homebuyer Education 16 III. Housing Incentive Strategies 18 IV. Exhibits 20 Administrative Budget Exhibit A Timeline Exhibit B Housing Delivery Goals Exhibit C Certification Exhibit D County Resolution Exhibit E Program Information Exhibit F Ordinance (if applicable) Exhibit G Not Applicable Interlocal Agreement Exhibit H April 2007 - 2 - 16.L,> 4J " eo Jl (. - '- I. PROGRAM DESCRIPTION Chapter 67-37.005 FAC. and Section 420.9072. F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. Collier Countv Government Interlocal : Yes XX No Name of participating local government(s) in the Interlocal Agreement: Citv of Naoles A copy of the Interlocal Agreement is attached as Exhibit H. B. Purpose of the program: Section 420.9072. F.S. and Chapter 67-37.005, FAC. Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element ofthe local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37. 002,F.A. C. x -~ -.X_ 2007/2008 2008/2009 2009/20 I 0 D. Governance: Chapter 67-37.005,FA.C and Section 420.907/.F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the Collier County and City of Naples Comprehensive Plans. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership Section 420.9072. F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. Some of the active partners in Collier County include: Affordable Housing Commission Collier Building Industry Association Collier County Loan Consortium April 2007 - 3 - Habitat for Humanity of Collier County Collier County Housing Authority Collier County Hunger & Homeless Coalition Collier County Housing Development Corporation Empowerment Alliance of Southwest Florida St. Matthew's House and Wolfe Apartments Shelter for Abused Women & Children Immokalee Friendship House Immokalee Non-Profit Housing I HOPE One by One 16D? F. Leveraging: Chapter 67-37.007. FA.C. and Ssection 420.9075, FS. The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005. F.A.C. Public input is an on-going process and is solicited throughout the year. Public input is obtained through face to face meetings with a variety of housing providers, social service providers, public advisory committees, local lenders, housing advocates and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: Chapter 67-37.005, F.A.C. Collier County shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. Ifno funding is available due to a waiting list, no notice of funding availability is required. Advertisements are placed in the Naples Daily News and the Immokalee Bulletin. I. Discrimination: Section 420.9075, FS. In accordance with the provisions of ss. 760.20-760.3 7, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67-37.005.F.A.C. Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling and information and referrals. Apri.l 2007 - 4 - 16D7 K. Purchase Price Limits: Section 420.9075.F.S. and Chapter 67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housingmay not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: _L Bond Study Numbers from FL Housing Finance Corp _ Independent Study (copy attached) U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts and shown below. Maximum Allowable Sales Price* $414,861.30 90% of Average Sales Price for Collier County Maximum Adopted Sales Price $300,000 65% of Average Sales Price for Collier County *Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005, F.A.C. .aml Section 420.907/, F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed "affordable'" if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Wages to Work: Chapter 67-37.005(6)(h)(7)F.A.C. Should an eligible sponsor be used, Collier County has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the WAGES and Workforce Development Initiatives April 2007 - 5 - 16D? programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075. F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination oftenant eligibility. However, any loan or grant in the original amount of$3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005. F.A.c.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The Collier County Board of County Commissioners finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. In accordance with Chapter 67-37, Florida Administrative Code, the cost of administering the plan does not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. Collier County has adopted the finding allowing 10% of the funds to be used for administration as outlined in the attached resolution, Exhibit E April 2007 - 6 - 16D7 P. Definitions: Essential Service Personnel (ESP): Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel, government employees, and employees associated with health, safety and welfare agencies within the county earning up to 140% of median (for purposes of SHIP funding, the maximum income level will be 120% of median per F .S. 420.9071) and all other full time employees earning less than 80% of median income. Extremely Low Income (ELI): Individuals or a family whose total annual household income does not exceed 30% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Very Low Income (VLI): Individuals or a family whose total annual household income does not exceed 50% ofthe median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Low Income (LI): Individuals or a family whose total annual household income does not exceed 80%.ofthe median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Moderate Income (MI): Individuals or a family whose total annual household income does not exceed 120% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Program Income: The proceeds derived from interest earned on or investment of the local housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from loan repayments, recycled funds and all other income derived from use of funds deposited in the local housing assistance trust fund. Recaptured Funds: The funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to s. 420.9075(4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award or loan award April 2007 - 7 - 16D7 II. LHAP HOUSING STRATEGIES: Chapter 67-37.005, F.A.C. A. Name ofthe Strategy: Purchase Assistance a. Summary of the Strategy: The Purchase Assistance Program assists first-time homebuyers by paying a portion of their down payment and closing cost expenses. Funds may also be used to cover a portion of permitting fees. ef imjlaet fees clHe on Hew eeHstrueti€lH. Buyers of existing units are also eligible for additional emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. . Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-2008,2008-2009, and 2009-2010. c. Income Categories to be served: Purchase assistance will be available orimarilv 6ftly to low and very-low income applicants. However. a small oortion ofthe funding allocation will be made available to moderate income. first-time homebuvers with incomes below 120% of median. d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per unit. e. Terms of Repayment: All purchase assistance loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come/first- served basis from all applicants meeting the following selection criteria: The applicant must be an income qualified, first-time homebuyer. A first-time homebuyer is defined as anyone of the following: not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. April 2007 - 8 - 16D? The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price ofthe home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: The purchase assistance program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to primarily low and very-low income first-time homebuyers in Collier County. B. Name of the Strategy: Owner-Occupied Rehabilitation a. Summary of the Strategy: The Owner-Occupied Rehabilitation program assists very-low and low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-2008,2008-2009, and 2009-2010. c. Income Categories to be served: This program will assist very-low and low income homeowners. d. Maximum award is noted on the Housing Delivery Goals Charts: $30,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. Loans will be forgiven at a rate of33.3% every five years. No payment will be required until the property is sold, transferred, or is no longer the primary residence ofthe homebuyer. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis. Loans will be given to very-low and low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: In cases where the cost of repair exceeds the maximum April 2007 - 9 - 16D7 award available to the borrower, SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, HOME funds, or other alternative sources. C. Name of the Strategy: Land Acquisition and/or New Construction a. Summary ofthe Strategy: The Land Acquisition/New Construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing by offering loans to non-profit and for profit housing providers to acquire such land and construct new affordable housing: units. Collier County may also use this program to purchase land to be used for affordable housing. b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2007-08,2008-09, and 2009-10. c. Income Categories to be served: The primary focus will be eventual beneficiaries ffi"wt be who are low or very-low income. However, this program will also consider requests for mixed income affordable housing to serve a portion of its residents UP to 120% of median income. d. Maximum award is noted on the Housing Delivery Goals Charts: shall not exceed $25,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non-profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance ofthe loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Sponsors will income qualifY applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a tirst-come/first-serve basis. g. Sponsor Selection Criteria: A non-profit or for profit housing provider wishing to receive land acquisition and/or new construction funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following: Financial strength of the agency April 2007 - 10 - 16D71 The ability of the sponsor to complete the development within the established timelines The demonstrated capacity ofthe sponsor/developer The affordability ofthe product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work and Workforce Development programs per Chapter 67-37.005(6) (b) (7) F.A.C. h. Additional Information: The SHIP funds used in the land acquisition/new construction program must be leveraged by multiple public and private sources. The non-profit or for profit developer receiving these loans will construct housing using a combination of State, Federal and private sector funding. This competitive application program must benefit primarilv very low and low income residents but can provide assistance to some households earning between 80%-120% of median income. D. Name of the Strategy: Demolition with New Construction a. Summary of the Strategy: A nonprofit housing provider may receive a deferred payment loan to pay for the demolition and replacement of substandard housing found not to be cost effective or possible to rehabilitate for low and very-low income homeowners. The construction of a new home or installation of a modular home built to DCA code will occur after demolition and clearance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-08,2008-09, and 2009-10. c. Income Categories to be served: Participants in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: Deferred payment loan for demolition, clearance and new construction shall not exceed $250,000. e. Terms ofRepaymenl: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. Repayment will occur when the property is sold or transferred to the qualifYing buyer. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first seryed basis through the nonprofit sponsor. Loans will be given to very-low and April 2007 - 11 - 16D7 low income homeowners/sponsoring agencv. The appraised value of the home must not exceed the maximum sales price allowed in Collier Countv bv the SHIP Program. g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive demolition with new construction funds will be evaluated competitively using established evaluation and selection criteria which include some of the following: Financial strength of the agency The ability of the organization/developer to complete the development within the established timelines The capacity ofthe organization/developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program and Workforce Development programs per Chapter 67-37.005(6) (b) (7) F.A.C. h. Additional Information: In cases where the cost of demolition and construction exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients ofloans from this strategy may also qualify for SHIP purchase assistance program. E. Name of the Strategy: Special Needs Housing a. Summary of the Strategy: Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase of homes, apartments, or land for housing. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-08,2008-09, and 2009-10. c. Income Categories to be served: This program will assist only non-profit housing providers who provide housing to low and/or very-low income, special needs residents on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: Shall not exceed $25,000 per unit. e. Terms of Repayment: Special needs housing funds will be made available by April 2007 - 12 - 16D7 loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need ofthe organization, the organization's ability to repay, and non-profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance ofthe loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. Rental units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(t) Florida Statues. f. Recipient Selection Criteria: Very low and low income special needs individuals and families served by the sponsoring agency. g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively using established evaluation and selection criteria which include some of the following criteria: Financial strength of the agency The ability of the sponsor/developer to complete the development with the established timelines The capacity of the sponsor/developer The affordability of the product produced Neighborhood compatibility ofthe development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources h. Additional Information: SHIP funds used for special needs housing must be leveraged by multiple State, Federal or private sector funds. F. Name ofthe Strategy: Rental Housing Rehabilitation a. Summary ofthe Strategy: The rental housing rehabilitation program assists non- profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/ or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-08,2008-09, and 2009-10. April 2007 - 13 - 16D? c. Income Categories to be served: This program will assist only non-profit housing providers who provide housing to low and/or very-low income tenants on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non-profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance ofthe loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. f. Recipient Selection Criteria: Sponsors will income qualifY very low and low income applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a first-come/first-serve basis. g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive rental rehabilitation funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following criteria: Financial strength of the agency Ability of the sponsor/agency to complete the rehabilitation with the established timelines The capacity of the sponsor/agency The affordability of the product Neighborhood compatibility of the development Number of units rehabbed per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program. h. Additional Information: April 2007 - 14 - 16D? G, Name of the Strategy: Disaster Relief and Mitilzation a. Summary of the Strategy: The disaster relief and mitigation program provides assistance to households following a natural disaster as declared by the President ofthe United States or Governor ofthe State of Florida. This strategy '/I'ill only be implemented in the event of a natural disaster using any funes that have not yet been eneuml3ered or using additional disaster funds issued by Flerida Housing Finanee COTfloration. SHIP disaster and mitigation funds may be used for repairs sustained as a result of a natural disaster and payment of insurance deductibles for rehabilitation of homes covered under homeowners insurance policies. b. Fiscal Years Covered: This strategy will be funded per the preeeding pllfagF!lflh for State Fiscal Years 2007-08, 2008-09, and 2009-10. c. Income Categories to be served: All recipients in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At thattime the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis. Loans will be given to low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner' s first mortgage, any equity amassed in the home and special mitigation or disaster relief funds. April 2007 - 15 - 16D? H. Name of the Strategy: Relocation Assistance Program a. Summary of the Strategy: Through the relocation assistance strategy, persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums will be eligible to receive a one time relocation assistance grant through this strategy. Grants may be used to fund relocation expenses such as down payment, deposits, first and last month's rent, and utilities for SHIP eligible units. b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2007- 08, 2008-09, and 2009-10 using SHIP funds which have not yet been encumbered and as the need arises. A cost sharing agreement shall be pursued between the County and any developer needing County approval to move forward with plans that will result in the loss of affordable housing. c. Income Categories to be served: All recipients in this program must be very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000 per family e. Terms of Repayment: All funds provided to eligible households will be in the form of a grant and not subject to recapture. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis to persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums. g. I Sponsor Selection Criteria: h. Additional Information: I. Name ofthe Stratel!V: Homebuyer Education & Counselinl! a. SummarY of the Strategy: This strategy will provide opportunities for grOUp and one on one homebuyer education and counseling to include at a minimum credit counseling, budgeting, mortgage options. home buying process, foreclosure prevention. predatorv lending, refinancing, home owner maintenance and other needed assistance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007-08,2008-09, and 2009-10. c. Income Categories to be served: Homebuyer education and counseling will be available to all interested first time homebuyers. April 2007 - 16 - 16D? d, Maximum award is noted on the Housing Deliverv Goals Charts: Maximum funding provided to a nonprofit sponsor(s) offering homebuyer education and counseling will not exceed $35,000 per year. e. Terms of Repavment: All funds provided to a sponsor organization will be in the form of a grant and not subiect to recapture. f. Recipient Selection Criteria: Homebuyer education and counseling workshops will be available to all interested first time homebuyers. g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive a grant to provide homebuyer education and counseling will be evaluated competitively using established evaluation and selection criteria which include some of the following: Financial strength of the agency The ability of the organization to provide deliverables within the reQuired timeline HUD Certification FreQuency of classes and diversity oflocations Education and experience of staff Training experience Leveraging of SHIP funds with other sources h. Additional Information: AprH 2007 - 17 - 16D7 III. LHAP INCENTIVE STRATEGIES Section 420.9071(16) and Section 420.9076(6)). F.S. A. Name ofthe Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Collier County Resolution No. 2005-408 adopted November 29, 2005, speeds the rezone, approval, and permitting of developments for affordable housing. B. Name ofthe Strategy: Ongoing Review Process An ongoing process for review oflocal policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: The executive summary system used by the Collier County Board of County Commissioners serves as a process for an going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which is reviewed as to its effect on affordable housing. C. Name of the Strategy: Affordable Housing Definition Definition as defined in the Collier County Land Development Code Section 1.08.02. a. Established policy and procedures: Housing, affordable-workforce: means residential dwelling units within a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See Section 2.05.02), specifically including the following subsets: Rental workforce housing 50 percent or less of median income, otherwise considered to be "yery low income". Rental workforce housing from 51 percent~60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing 50 percent or less of median income, otherwise considered to be "very low income". Owner occupied workforce housing 51 percent~60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing 61 percent~80 percent of median income, otherwise considered to be "low income". April 2007 - 18 - 16D7 Owner occupied gap housing: 81 percent~ 150 percent of median income. (For purposes of SHIP funding, the maximum income level will be 120% of median income per F.S. 420.9071) The term affordable housing is specifically intended to include affordable- workforce housing. D. Name of the Strategy: Impact Fee Deferrals for Affordable Housing a. Established policy and procedures: Collier County Ordinance No. 2005-40, as amended, adopted July 26, 2005 allows for the deferral of impact fees for affordable housing. E. Name of the Strategy: Increased Density Levels The process in which a developer may request increased density by including a certain percentage of affordable housing in the mix of the community. a. Established policy and procedures: An Affordable Housing Density Bonus Agreement must be entered into and approved by the Board of County Commissioners as provided for in the Collier County Land Development Code Section 2.06.00. F. Name of the Strategy: Preparation of a Printed Inventory of Locally Owned Public Lands Suitable for Affordable Housing. Process by which the County prepares a list of County owned properties that are suitable for affordable housing. a. Established policy and procedures: At least every three years, Collier County will prepare and adopt by Resolution an inventory list of all real property it owns within its jurisdiction that is appropriate for use as affordable housing. affordable housing developments. AprH 2007 - 19 - 16D? IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005. F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005. F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005. F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072. F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G.----Not Applicable H. Interlocal Agreement: Section 420.9072. F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. AprH 2007 - 20 - ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP Template 6/06 Exhibit A Admin Budaet Fiscal Year 2007-2008 Salaries and Benefits Office Supplies and Equipment Training, Travel, Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total 16D7 Exhibit A $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Fiscal Year 2008-2009 Salaries and Benefits Office Supplies and Equipment Training, Travel Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Fiscal Year 2009-2010 Salaries and Benefits Office Supplies and Equipment Training, Travel Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Based on a distribution of 10% of the proposed $2,942,972 allocation 16D7 .. :> <> ..' ~ CD ~ i T .!l ~ .- Il a. 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LRAP Template 6/06 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (I) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes, (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards, (5) Recipients of funds will be required to contractually commit to program guidelines, (6) The Florida Housing Finance Corporation will be notified promptly if the loeal government (or interlocal entity) will be unable to comply with the provisions the plan, (7) The Local Housing Assistance Plan shall proyide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository tor all SHIP funds as well as moneys generated from activities such as interest earned on loans. (II) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted bylaw, (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies ofthe audits will be forwarded to the Corporation as soon as available, 13) An interlocal entity shall have its local housing assistance trust fund separately audited 16D7 LHAP Template 6/06 Exhibit D Page 2 Certification for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP pro!-,'fam requirements, (16) Loans shall be proYided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall he met. (19) The provisions of Chapter 83-220, Laws of Florida _has or X been implemented, has not Witness ~~~ hief Elected Official or designee Witness JAMES COLETTA, CHAIRMAN Type Name and Title Date OR ,I", ,"r: ,'..i 'J. " ffidency . Assisr,;nt County -Attorney "jj;'-.":::', .....~~\><'>. , ,l~'J,~U!\' 2 16D7 EXHIBIT E Adopting Resolution: Section 420.9072, F,S, Original signed, dated, witnessed or attested adopting resolution will be included in the adopted Plan as Exhibit E 16D7 RESOLUTION NO, 2007- % A RESOLLlTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORJDA, ADOPTING THE LOCAL HOLlSING ASSISTANCE PLAN FOR FISCAL YEARS 2007-2008, 200~-2009, AND 2009-2010, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING HOUSING STRATEGIES; ADDING NEW INCENTIVE STRATEGIES; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Florida State Legislature enacted the William E, Sadowski Atlordablc Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq" Florida Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding package t(ll' slate and local housing programs to better enable local governments to meet their responsibilities lilr at10rdable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments lor development and maintenance of at1i)rdablc housing; and WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted Collier County Ordinance No. 93-19 on April 13, 1993, codified as Article III of Chapter 114 of the ('ollier County Code of Laws and Ordinances, known as the Collier County Housing Initiatives Partnership (SHIP) Program; and WHEREAS, through Resolution No. 2004-155, the Board of County Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining the intended use of SlllP funds for liseal years 2004-2005, 2005-2006, and 2006-2007; and WHEREAS, a new three year Local Housing Assistance Plan (LHAP) outlining the intended use of SH II' funds for fiscal years 2007-2008, 2008-2009 and 2009-20 I 0 must be adopted and submitted by May 1,2007. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the Collier County and City of Naples, FL State Housing Initiatives Partnersllip (SHIP) Program Local Housing Assistance Plan (LHAP) lor the State of Florida Fiscal Years 2007-2008, 2008-2009, and 2009-20 I 0, a copy of which is attached to this Resolution, is hereby adopted as set forth in such attachment. Page I 01'2 16lJ? I. Huusing Strategies haye been updated to ret1eet the changing needs of the community. 2, Incentive Strategies have becn added to reflect eUlTent policies that pertain to atlordable bousing. 3, The Housing Delivery Goals Chart of the 2008-2010 LHAP has been updated to rdlect tbe new strategies and ebanges to current strategies. BE IT FURTHER RESOLVED tbat this Resolution shall become effective immediatdy upon its approval, and that it be recorded in the minutes of this Board. Tbis Resulutiun adopted atier motiun, second and majority vote this 24th day of April,2007. r ","'''f'1-(' A:::r:t'rt8~':,'" , .~~~\:;;~Kk :" "ti.e's't' " ~~Dep,uty Clerk (, . ',~S;.[o Ch1 f rllldn s " ( ,5 j gn'~,\t.I1'l! 011]' ut; . 'SL',:;' . BOARD OF COUNTY COMMISSIONERS :~LLl2-il~ J S C A, CH IRMAN ga f(>rIll and sutlieiency: kuw '. t~lllt Cuunty Attorney Item# lli..b...-~ Agenda 1l..lc)L\ 10. Date ~ Date Rec'd Pagc:2 of2 16D? LHAP Template 6/06 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORM A TION SHEET LOCAL GOVERNMENT: Collier County CHIEF ELECTED OFFICIAL (Mayor, Chainnan, etc,): James Coletta, Chairman ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 SHIP ADMINISTRATOR: Marcy Krumbine, Director ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 TELEPHONE: (239) 304-4230 FAX:(239) 403-2331 EMAIL ADDRESS: MarcyKrumbine(al,colliergov.net ADDITIONAL SHIP CONTACTS: Susan Golden or Wendy Klopf ADDRESS: Same as above EMAIL ADDRESS:susangolden(tlJ.colliergov.net:wendyklopf(aicolliergov.net INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): Yes, with City of Naples The following information must be furnished to the Corporation belore any funds can be disbursed, LOCAL GOVERNMENT EMPLOYER FEDERAL ill NUMBER: MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALL Y TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: XX NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Proyide any additional updates the Corporation should be aware of III the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 EXHIBIT G Ordinance: Section 420.907, F,S, If changed from the original ordinance, a copy is attached as Exhibit G NOT APPLICABLE 16D7 16D? Exhibit H. Collier County Local Housing Assistance Plan FY 2005,2006, and 2007 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this J. Js-r day of April, 2004 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WITNESSETH: WHEREAS, Section 420,9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs, 16D7 NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual coyenants and agreements hereinafter set forth, the parties hereto agree as follows: I. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as proyided in 420,9073, Florida Statutes, shall be allocated between the County and City as follows: City .9,28% County 90.72% For Fiscal Year, 2004-05 the State allocated 9,28% of the SHIP funds to the City and 90,72% to the County. Therefore, no less than 9,28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2004 SHIP program allocation distribution schedule, The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as detined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples, 2, Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City, This Interlocal Agreement entered into this d ISf day of April, 2004 shall expire on the 30th day of June, 2007, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8, 2 16 OJ? 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4, Provided this Interlocal Agreement remain effective between the City and the County, oath parties agree that they will not do anytliingtoJeopardize the other party's right to receive its allocation from the Fund. S, The parties to this Agreement understand that the statute reqUIres an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied, 6. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee, The County's Financial Administration and Housing otIice will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation, Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2004- The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No, 93-19, as amended and SHIP requirements, In addition, the County will submit the required annual report on behalf of the interlocal entities. 3 16D7 7, If at any time during the term of this lnterlocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year, If the parties are unable to so renegotiate the terms and proyisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be party to this lnterlocal Agreement and this lnterlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420,9072 (9) and Section 420,9073, Florida Statues. 8, If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation, 9, For all purposes of this Interlocal Agreement, the term "Interloeal Agreement" shall mean this Interlocal Agreement. 10, Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted, 4 16D.7 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED: 3>lCi--OY ATTEST: KM'. lli' , .L> d DV/fGHT Et ..>t.....,... , 'c fil'V.tr,~;..p\.-, ~ _' ~ s 1'1itat~r!'6n 1,1. APPROVED ,AS TO FORM AND LEGAL SUFFICIENOY~ ':, ,i .I"'j PATRICKG, WHITE ASSISTANT COUNTY ATTORNEY DATED: <j-;;j3-()1..f.. ATTEST: ~~-~~ ku ~RA A. NO AN, CITY LE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~, r~, . 'l~rrD'~---r r" '-\) \ ), ?_.A,'L\ ROBERT D, PRITT. CITY A TTOR;'lEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA B, Ijr~ d~ DONNA FIA:.A, CHAIRMAN CITY OF NAPLES, a municipal corporation By BILL BARNETT. MAYOR 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 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!.!l!r the Board has taken action on the item.) ROUTING SLIP Complete Touting 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 sianature, draw a line through routing lines #1 throuP'h #4, c01nnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3, 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Nunnally 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 Chainllun's signature are to he delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was April 24, 2007 A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Marlene Foard/Pamela Keyes Phone Number 774-8971/213-2980 6b'6 Agenda Item Number r\...A;...."'....,..."'-~ Number of Original Documents Attached Yes (luitial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate, Original document has heen signed/initialed for legal sufficiency. (All documents to he 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 cntered as the date ofBCC approval ofthe document or the final ne otialed 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 Bee's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on:UML!!1 (enter date) and all changes made during the meeting have been incorporated in the attached document, The Count Attorne 's Office has reviewed the chao es, if a licable. (YIF IV IA fGr fY"r (V\F fv-? 2. 3, 4. 5, 6, I: Forms/ County FomlS/ BCe Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 16Do MEMORANDUM Date: April 24, 2007 To: Marlene Foord, AICP Grants Coordinator From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Grant Application and Resolution 2007-97 Please find one (1) original and one (1) certified copy of the resolution, of the aboyc referenced document (Agenda Item # 16D8) which was approved by the Board of County Commissioners on Tuesday, April 24,2007, After execution please forward a fully executed copy to the Minutes and Records Depa,'tment. If you should have any questions regarding this document, please feel free to call me at 774-8411. Thank you. Enclosure . ._,_._----_.~_.~_.__.." _._--~----,-~-----, COLLIERCOUN1Y COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 S,nta Barbara Boulevard. Naples, Florida 34116-6601 (239) 213-2966. fax: (239) 353-4061 . http://www.colliergov,net 16Da 1 April 25, 2007 Kenneth D, Haddad, Executive Director Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 RE: Derelict Vessels Removal Program, Collier County Dear Mr. Haddad: On behalf of Collier County, I am pleased to submit the enclosed grant application (one original and seven copies) to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for Derelict Vessel Removal. If the project is chosen for funding, Collier County is committed to fulfilling all commitments made in the application, I authorize Pamela Keyes, Environmental Specialist for the Coastal Zone Management Department, to act as the Project Manager and official contact person for this grant project. I understand that all correspondence regarding the grant will be directed to her, Collier County thanks you for your consideration of this project and we look forward to helping you to continue to expand and enhance recreational boating for residents and visito in Flo' a, ",.'r,iiJh'fl' JiI......~~'~J c:: o '">,~" . f .il" i't',.... i c d~ C~/.11h CI'~ (.4< d f7~vI II fl,' J J.)j ~7 _ ,':2t';;I/at Y<tJ.fvb /lthr# r c:: o u , y EXECUTIVE SUMMARY 16D8 Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission. OBJECTIVE: To receive approval to submit a Florida Boating Improvement Program Grant (FBIP) to the Florida Fish and Wildlife Conservation Commission for derelict vessel removal in the amount of 80,000, CONSIDERATIONS: Collier County has removed derelict vessels from its waters since 1998 in order to preserve and enhance its waterways and estuaries, Currently there are forty-eight known derelict vessels within the County, The County is working with Florida Fish and Wildlife Commission (FWC) law enforcement to officially document these vessels so they may be legally removed from its waters, To date the County has received a total of $51,000 for Phase I of its derelict removal program, Funds including a Florida Boating Improvement Program grant (FBIP) for $20,000 with a $31,000 match from U,S. Fish and Wildlife Service (USFWS), The funds are intended to remove up to twenty vessels, The vessels will be removed as soon as the required FWC derelict vessel forms have been completed and submitted, The County is requesting an additional $80,000 from FBIP for Phase II of the project. The total project cost is $120,000, The County is supplying a non cash match in administrative costs of $10,000, A USFWS grant has been awarded in the amount of $30,000, This $30,000 grant will be used as match for the requested $80,000, Phase II will remove as many as possible of the remaining twenty eight known derelict vessels within the County in addition to any vessels not removed under Phase I of the project. FISCAL IMPACT: The total project cost for Phase II is $120,000, The County is supplying a non cash match in administrative costs of $10,000, A USFWS grant has been awarded in the amount of $30,000, This $30,000 grant will be used as match for the requested $80,000, GROWTH MANAGEMENT IMPACT: The grant money will support the Conservation and Coastal Management Element of the County Growth Management Plan, LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that the Florida Fish and Wildlife Conservation Commission will forward a grant agreement for consideration by the Board of County Commissioners. RECOMMENDATION: That the Board of County Commissioners approve the submittal of a Florida Boating Improvement Program Boating Grant to the Florida Fish and Wildlife Conservation Commission for derelict vessel removal in the amount of$80,000 and authorize the Chairman to sign the transmittal letter, application and Resolution, PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management '; l I, .. ,:.) ." <J ,"") FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION FOR DERELICT VESSEL REMOVAL Fiscal Year 2007-2008 Grant Application Number: FOR OFFICE USE ONLY I Date Received: F'J/' J/ l' Ih I I L J/ Ih l' hi k I lOa see lOns a ilf'PIY- eave a 0 er see IOns an I - APPLICANT INFORMATION a. Organization Name: e. Project Manager Name: Collier County Pamela M. Keyes b. Federal Employer Id. No.: Project Manager Title: 59-6000558 Environmental Specialist c, Applicant Name: f, Mailing Address: Collier County Board of County Commissioners 3300 Santa Barbara Blvd, Applicant Title: City: Zip Code: Naples 34116 d. Applicant Address: g, Telephone: Fax: Suncom: 3300 Santa Barbara Blvd 239-213-2980 239-353-4061 City: Zip Code: Email: Naples 34116 PamelaKeyes@colliergov.net h. District Numbers: State House: 112 State Senate: 37 County Commission: Collier 11- PROJECT SUMMARY a, Project Title: Collier County Derelict Vessel Removal Phase II b, Type of Application: 10 New (never considered before) 10 Reconsideration J r81 Phased Continuation-Phase No,: 2 c. Project Cost: , Total Cost: $ 120,000 I Amount Requested: $ 80.000 d. Project Summary: Collier County has removed derelict vessels from its waters since 1998 in order to preserve and enhance its waterways and estuaries. Currently there are forty-eight known derelict vessels scattered within the County. The County is working with Florida Fish and Wildlife law enforcement to officially document these vessels so they may be legally removed from its waters, To date the County has received a total of $51 ,000 for phase I of its derelict removal program. Funds include a Florida Boating Improvement Program grant for $20,000 with a $31,000 match from U.S. Fish and Wildlife Service. The funds are intended to remove up to twenty vessels, The vessels will be removed as soon as the required FWC derelict vessel fonns have been completed and submitted, The County is requesting an additional $80,000 to fund phase II of the project, which will remove the remaining twenty eight known derelict vessels within the County in addition to any vessels not removed under phase [ of the project. A U.S. Fish and Wildlife Service grant has been awarded in the amount of$30,000. This $30,000 grant will be used as match for the requested $80,000. A local contractor has been selected to remove the vessels, and once the vessels are removed from the water, they will be disposed of in the county landfill, FWC/FBIP-C (02/07) 16D8 III - PROJECT NEED a, List Primary Need for Project: ~ Safety ~ Environmental Needs of the Area o Other: o High Demand by Users ~ Recommended by FWC Staff ~ Lack of In-house Capability b, Need Statement: Derelict vessels are potential navigation hazards and sources of contamination to the natural environment. Currently derelict vessels are scattered throughout Collier County, with a higher concentration from Goodland Bay south to Chokoloskee. These locations contain sensitive habitat types including mangrove forests and sea grass beds, which are essential to the County's multi-million dollar fishing and boating industries, The vessels are in various states of deterioration, and several haye begun to break apart into smaller pieces, The county has and will continue to remove derelict vessels from its waters as long as there is funding to do so, The derelict vessel removal program is supported by the County Conservation and Coastal Management Element of the Collier County Growth Management Plan. The County is also collaborating with U,S. Fish and Wildlife Service, Florida Fish and Wildlife Conservations Commission, City of Naples, City of Marco Island, Florida Sea Grant and Everglades National Park to ensure the removal program is followed through and completed in a timely manner, IV - PERMITS Submitted Approved N/A a. Florida Department of Environmental Protection 0 0 ISJ b, Florida Fish and Wildlife Conservation Commission 0 0 ISJ c. U,S, Anny Corps of Engineers 0 0 ISJ d. Local and Others (If needed) 0 0 ISJ FWCIFBIP-C (02/07) 2 16D8 v - BUDGET a, Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. i:2'J Yes, Preliminary DYes, Final DNo b, PROJECT COST: NON-CASH FUNDS Other Do Not Use This Cost Item Applicant (List below in Column TOTAL Section VI) Administration $ 10,000 $ $ In-Kind Management $ $ $ In-Kind Labor $ $ $ In-Kind Materials $ $ $ In-Kind Equipment $ $ $ Total Non-Cash Funds $ 10,000 $ $ 10,000 c. PROJECT COST: CASH FUNDS Other Cost Item Applicant (List below in FBIP Grant TOTAL Section VI) Planning! Engineering $ $ $ $ Implementing $ $ 30,000 $ 80,000 $ Other: US Fish and Wildlife Grant $ $ $ $ Total Cash Funds $ $ $ $ d, TOTAL FUNDS (Non-Cash + Cash Funds) $ $ 30,000 $ 80,000 $ 110,000 VI - OTHER SOURCE OF FUNDS (STATUS) a, IZI Federal D State/Local D Loan Agency: United States Fish and Wildlife Service b, Grant Name: United States Fish and wildlife Service Derelict Vessel Grant Amount $ 30,000.00 c, Approval Status: IZI Approved D Pending D Intend to Apply, Date: a, D Federal D State/Local D Loan Agency: b. Grant Name: Amount $ c. Approval Status: IZI Approved D Pending D Intend to Apply, Date: a. D Federal D State/Local D Loan Agency: b, Grant Name: Amount $ c, Approval Status: D Approved D Pending D Intend to Apply, Date: FWC/FBIP-C (02107) 3 16D8 VII - ENVIRONMENTAL ASSESSMENT YES NO a, Will the project significantly or adversely affect the environment? 181 0 b, If Yes, please explain key issues and describe any mitigation actions proposed. Most of the derelict vessels within the County are in protected areas such as Ten Thousand Island National Wildlife Refuge, Rookery Bay National Estuarine Research Reserve and Everglades National Park. These disintigrating vessels are sources of contamination to sea grass beds and mangrove forest. These ecosystems are essential habitat to support the local marine environment. Removal of these vessels will positively impact these sensitive ecosystem by removing a pollultion source. VIII- BOATER SAFETY a, Explain how the project may affect boater safety whether positively or negatively, Derelict vessels are potential navigational hazards to the boating community. Currently when derelict vessels are found in the middle of a channel removal is required as long as the funding is there, However, if funding is not available the vessels will be temporarily removed out ofthe channel. Storms, tides and other natural events can move the vessels back into the channel which could allow them to become major navigational hazards, Removal of these vessels will greatly improve navigation for boaters, FWClFBIP-C (02/07) 4 I1g ...J (." IX - APPLICATION ATTACHMENTS CHECKLIST Seven (7) photocopies of the application and an electronic copy on CD or floppy disk, Inc, - - - Required Attachments - - - 1:8:1 a. Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications). 1:8:1 b. Application: One (1) application with original signature from authorized individual. 1:8:1 c. Derelict Vessel List: a complete list of all derelict vessels designated for removal as outlined in the instructions. d. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to 1:8:1 apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted. 0 e, Derelict Vessel Report Forms: a copy ofa Fish and Wildlife Conservation Commission Derelict or Abandoned Vessel Report or a copy of Appendix A completed by a sworn law enforcement officer for each derelict vessel to be removed. 0 f. Existing Condition Photographs: photograph of each derelict vessel showing the DV number marked on the vessel. - - - Optional Attachments - - - 0 g, Detailed Cost Estimate: Cost estimate in the fonn of a fonnaI bid, written quote from proposed vendor or an engineer's cost estimate. 0 h, Permits: Photocopies of necessary project pennit(s) or pennit application(s), If exempt, provide notification of exemption from pennitting agency. APPLICANT SIGNATURE Application is hereby made for the activities described herein, I certifY that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certiry that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certiry that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required, By signature below, the Applicant agrees to comply w' lap' 1 federal, state, and local laws in conjunction with this proposal and resulting project so appro James Coletta Print/Type Name Applicant Signature STATE OF FLORIDA, COUNTY OF ( CLUj ( le,J Personally appeared before me this ~ I.{'ti-> day of llfv: I subscribed and swore to the above instrument in my presence. Notary PUblicNam~nJl'1V1 S...e El~e.., ) , 200ffl "J C< ~ c:o l'e 'tfr;.. My commis . FWC/FBtP-C (02/07) NOTE: Instruction and further infonnation regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator at Florida Fish and Wildlife Conservation Commissi()t1~'Flbrida Boating Improvement Program, 620 South Meridian Street, Tallahassee, FL 32399-1600, Phone: (850) 488-5600 or Emai):1bio@/ll>:fwc'com, "::, .' .'6' ?.. in.' ;:",--, ~,',. '.,,,-,.,,,~1~~,.. .oiL-,-D" , . " .,' \ . .', ' - " ".. ~Lt ~<-. J'" ' , 5 51 gnature on I · ....~ WI co i~'M&'/;itf!.l _'J)YV\ jU~ "......,....,-~ "--'-, 'H ~'Y""'1'j.:tM':"1;'.:-, ;.;'~;J.i;~J 16Da RESOLUTION NO. 2007- 97 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AFFIRMING A PREVIOUSLY SUBMITTED APPLICATION TO ACQUIRE A FLORIDA BOATING IMPROVEMENT PROGRAM GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, AND IF THIS GRANT IS AWARDED TO COLLIER COUNTY, TO AUTHORIZE THE COUNTY MANAGER TO ASSIGN A PROJECT MANAGER TO ADMINISTER THE GRANT SUBJECT TO ALL UNDERSTANDINGS, ASSURANCES AND PROVISIONS CONTAINED THEREIN. WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encourages counties to improve recreational boating in their areas through the Florida Boating Improvement Program (FBIP); and WHEREAS, Collier County desires to remove derelict vessels located throughout the County by means of this Grant if it is awarded to the County; and WHEREAS, Staff is requesting that the Board of County Commissioners affirm submittal of the subject grant application, previously submitted on behalf of Collier County, and if this Grant is awarded to the County, to authorize the County Manager to designate a staff Project Manager to administer this grant, subject to all understandings, assurances and proYisions contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, hereby affirms staff's prior submittal of the grant application, attached hereto, and to authorize the assigned Project Manager to administer this grant, subject to all understandings, assurances and provisions therein contained. This Resolution adopted this 7. ll-th day of A ~\I \ and majority vote in favor of adoption. 2007, after motion, second ATTEST", ,; DWI<;jf).t::E:'13~K, Clerk , . . l" . ~r' -.1,~{l~."O ')i ~( ~"',,'" AttJ$~P~tV~i;tk.; , / / ),/'.. """~'.'~' :qt~~ll\Jff; ~I ./., I }-.......,- :..:~;l.;. , ","" ' . " _.....:w; 'Ul/.l " / ~.. Approved as to form and legal ~ciency: .--- /' j By:---1 6ltv\ ~;J~- Tom Palmer, Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 t" TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '- 4- 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 Oniee 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 inlormation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #] throuO'h #4, comn\ete the checklist, and forward to Sue Filson lioe#5). Route to Addressee(s) Office Initials Date (List in routinl! 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 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 Bce Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item) Name of Primary Staff Melissa Hennig Phone Number 213-2957 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16E4 Approved by the BCC Type of Document Grant Application Transmittal Letter Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes colunm or mark "N/A" in the Not Applicable colunm, 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. tbat 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 Touting 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 BeC'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 i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4, 5. 6. tiff. I: FOnTIs/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: April 25, 2007 To: Melissa Hennig Environmental Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Grant Application Transmittal Letter Enclosed please find one (1) original of the grant document as referenced above (Agenda Item #16E4), approved by the Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, please call me at 774-8411, Thank you, Enclosures (1) 16E 4. , 16E4 COLLIER COUNlY FACILITIES MANAGEMENT 3301 East Tamiami Tl1ul. BuildingW. Naples, Florida 34112. (239) 774-8380. FAX (239) 793-3795 Conservation Collier Land Acquisition Program AprilU, 2007 Ken Reecy, Community Program Manager Florida Communities Trust 2555 Shumard Oak Boulevard Sadowski Building, Suite 310 Tallahassee, Florida 32399-2100 Dear Mr. Reecy: On behalf of Collier County, 1 am pleased to submit the enclosed grant application (one original and three copies) to the Florida Communities Trust's Florida Forever Program for acquisition of the Gordon River Greenway Preserve, If the project site is selected for funding, Collier County will fulfill all commitments made in the grant application, The project site is a component ofthe Gordon River Greenway, The Gordon River Greenway is identified within the Collier County Comprehensive Pathways Plan, which is incorporated by reference in the Collier County Growth Management Plan, I certify that condemnation or the threat of condemnation has not been used to acquire any portion of the proj ect site, I hereby authorize Melissa Lynn Hennig to act as the Key Contact person for the project. I understand that all correspondence concerning the grant application will be directed to the above designee. Sincerely, ~~ Jim Coletta Chairman, Collier County Board of County Commissioners .! r A 1,(/1 f-( 2/,::) t i,"- J { 't kc } ATTEST:".,.. DWJGhV E': l3'~CCK} CL .~~~U-\~PC~~\ ~, oepllfy'C1l:rk ~Y>{,of('~:~)W ;;0:;. ' .;, :J," . -) I " .. lt~ ..jccJ'-':-.-' ,.,,~{: ;_~~~'1:~;~,i.l-i~~ II, FI,.). /1 ~ v 1 \ f ~ (. )" Lv l\ 'I I Ie, "if>\ ,;\, 1"<' ',; o I;~~; "'~ (<v vll\.\ C'v.t(I\iVl~ fJ,'fU1iC{, c: Marlene Foord, Collier County Grants Administrator Enclosures c c ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '6 . , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. .J... - ,- , THE BOARD OF COUNTY COMMISSIONERS OmCE FOR SIGNATURE 4... 0 I Print on piJJk paper. Aaach III orip ~~m_' Orip """"m_.. sIIould be band delivered to tl10 Boan! Of5ce. The complelod lOlllillg sUp iII1d original ........-..... III be farwudec11ll tl10 Boan!OfIioe onIy!1!s!:tl1o Boan! has llIlceo.actioa.on tl10 i-.) . ROUTINGSL~ Camp~ -g lines 'llluough 1/4 asllppllJpXialo 1br .""'ri~.1 siglWm<S, _. audlor iDformalion Ileed<d.If the ......m_. is aIx=dy compJcrc with tl10 CXCCDtlon of tl10 ""';-', si_ dlllw aliDc throulll rowin~ Iincs #llbrcul!l1l14. CODlIlIcm tl10 checklist, IlK! forward III Sue Filson (lisle ffi, Route to Addressee(s) Office Initials Date lListill_gardcr) 1. -_. -' . '. -~---- -- 2. , .------ ---. ~. 3. ~ 4,~ 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office - PRIMARY CONTACT INFORMA nON ("The primary COD.ta.ct is the bolder of the original document pending Bce approvaL Normally the primary COI1t1.ct is the person wllo c:re:ued/pr1:parcd the executive summary. Primary COtlI3Ct iDformzuioD is llcedc:d in the event one of the addressees above. including Sue Filson. aced to CpDClCt stlff for additional or missing informacioa. All origin.al documents nccWng!he Bee OWrman's sigmuurc are to be delivered. to the Bee office only aftcrtbc Bee bas acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A ved b the BCC Type of Document Attlched ,. /' L .1 .' ~( c YI.j- (' 7 Phone Number -; 7 i _ c :? ? [; Agenda Item Number .) 3 Yes (Initial) N/A (Not A licable) XC' l./11'L- Number of Original Documents Attached Ill" 11 ./ )") f\;A . 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ' Ie, 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 10 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 exec t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date ofBCe approval of the document or the final ne tiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Cbaisman's si ture and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue FIlson in the BCe office within 24 hours ofBCe approval, Some documents are time sensitive and require 'forwarding to T.lhh'.see within a certain time frame or the BCe', actions are nullified. Be aware of our deadlines! The document was approved by the BCC on l (enter date) and aU changes made during the meeting have been incorporated in the attached document. The Coun Attome 's Office bas reviewed the es, if a licable. l-V -J ') c/ ) [-Ill .J ') tt-j / ,j", , 2. 3. 4, 5. 6, " - County FormsI Bee _ OrigiDal Doc:umcms Roulillg Slip WWS Original 9.03.04, Revised 1.26.OS. Revised 2.24.05 16[6 MEMORANDUM DATE: May 2, 2007 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services FROM: Teresa Polaski, Deputy Clerk Minutes and Records RE: Grant of Storm Water Drainage Easement Attached is an original of the document as referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, April 24, 2007. A copy of the original is being retained in the Minutes & Records Department for public record, If you should have any questions, you may contact me at 774-8411, Thank you, Attachment Prepared by and return to: Tyra N, Read, Esq, p, 0, Box 280 Fort Myers, FL 33902-0280 16E6 GRANT OF STORM WATER DRAINAGE EASEMENT THIS GRANT OF pORM WATEJI DRAINAGE EASEMENT ("Granr) is made and entered into this 02 day of /fpn / ,2007, by and between EDISON COLLEGE DISTRICT BOARD OF TRUSTEES ("College"), whose address is 8099 College Parkway, Fort Myers, FL 33919, and COLLIER COUNTY, a political subdivision of the State of Florida ("County"), whose address is 3301 Tamiami Trail East, Naples, FL 34112, Background WHEREAS, College is the owner of a certain parcel of real property located in Collier County, Florida consisting of 30 acres (MOL), as more particularly described in the attached Exhibit "A" ("College Property"); and WHEREAS, County is the owner of a certain parcel of real property located in Collier County, Florida, consisting of 20 acres (MOL), as more particularly described in the attached Exhibit "B" ("County Property"); and WHEREAS, the College Property and County Property are contiguous to each other; and WHEREAS, the College desires to grant to the County a non-exclusive storm water drainage easement over and across the real property described in the attached Exhibit "C" located on College Property ("Easement Property"); NOW, THEREFORE, in consideration of the sum of TEN and nol100 DOLLARS ($10,00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged between the parties, and intending to be legally bound, they hereby state as follows: 1 . Recitals, The foregoing recitals are true and correct and are incorporated herein by reference, 2, Storm Water Drainaoe Easement. College hereby grants to County, its successors and/or assigns, a perpetual non-exclusive storm water drainage easement over and across the Easement Property ("Storm Water Drainage Easement") described in Exhibit "C", No later than January 1,2009, County shall install the drainage facilities, 1467070v7 ;~~~Dcg~V~~E ACCEPTED BY THE COllIER COUNTYY COMMISSIONERS, PURSUANT ~ .'^' FLORIDA, ....EHDA DATED: 2" "/-0/ ITEM NO./t[: t., 1. 6r- " tb including a discharge ditch, structures, pipes and appurtenances thereto for storm water drainage purposes ("Storm Water Facilities"). County shall be responsible for and shall pay all costs associated with installing, maintaining and repairing the Storm Water Facilities and Easement Property and complying with all governmental and local regulations, Once the Storm Water Facilities have been installed, County shall finish and grade the surfaces within the Easement Property in accordance with existing permit requirements and existing South Florida Water Management District requirements, which shall include hydro-seed or sod, as the County elects, over and across the Easement Property, College shall be entitled to perpetually tie into the Storm Water Facilities, provided the Storm Water Facilities have sufficient capacity to accommodate the College's development and provided the College's use of the Storm Water Facilities does not negatively impact the County's South Florida Water Management District permit. The cost of tying into the Storm Water Facilities shall be borne by College. In the event College elects to tie into the Storm Water Facilities, County shall promptly cooperate by signing all documents required in connection with College tying into the Storm Water Facilities, 3, Riqhts and Obliaations, a, County shall construct an earthen ingress and egress area for purposes of a roadway to permit vehicular and pedestrian traffic by College, its business invitees, employees, tenants, contractors and guests over and across the drainage trench County will install within the Easement Property ("Roadway"), County agrees and acknowledges that it does not have any easement rights to use the Roadway. No later than January 1, 2009, County shall (i) construct an earthen roadway over and across the Easement Property, (ii) be solely responsible for all costs of installing the Roadway, including but not limited to engineering and permitting costs, (Hi) comply with all requirements of the appropriate municipal authorities and transportation authorities. The Roadway shall meet the same earthwork and structural standards as those met by the County for the Emergency Services Center and Library Site to be constructed on the County Property as reflected in the engineering plans obtained by County for the Emergency Services Center and Library site, The exact location, design and specifications of the Roadway must be approved by College, in writing, prior to commencement of construction of the Roadway and the final Roadway must be approved by College, County shall construct the final Roadway in accordance with the specifications shown on the attached Exhibit "D" and with existing permit requirements, County shall deliver to College proposed drawings or sketches that sufficiently reflect the design and specifications of the Roadway and College shall notify County, in writing, of its approval or objections to the proposed drawings or sketches within five (5) business days from College's receipt of the proposed drawings or sketches, and said approval shall not be unreasonably withheld, In the event College fails to provide County with its written objection or approval within the five day time period, it shall be deemed that College has waived its right to object and the proposed drawings or sketches shall be deemed approved by College. The proposed drawings or sketches shall reflect: (i) the earthen Roadway being located approximately 280 feet west of the south east corner of the College Property; (ii) the Roadway being approximately 65 feet wide and 40 feet long at the upper surface and slope down from the elevation of the 1467070v7 - 16r," existing sidewalk at the property line along Lely Cultural Parkway, to existing grade .... 0 beyond the Easement Property; (Hi) the upper surface of the Roadway having a 3 inch layer, 12 feet wide, of coarse aggregate (stone); (iv) the slope of the Roadway not being steeper than 1 :6; and, (v) one or more drainage elements passing through the Roadway to permit free drainage along the length of the drainage trench within the Easement Property. Once the proposed drawings or sketches are approved by College in writing, County shall maintain communications with College throughout the construction of the Roadway, Once College has approved the final Roadway, which approval shall not be unreasonably withheld and shall be provided to County within fifteen (15) business days of notification from County the Roadway is completed, College shall be solely responsible for repairs and regular upkeep and maintenance of the Roadway and College may then alter or improve the surface of the Roadway. In the event College fails to respond to County within the fifteen day time period, it shall be deemed that College has waived its right to object to the final Roadway and the Roadway shall be deemed approved by College, b, To allow College access to the property line of the College Property within the Easement Property, on or before January 1, 2009, County shall, at County's sole cost and expense (i) remove the affected portions of an existing fence in the Easement Property located along Lely Cultural Parkway and relocate the fence on the North boundary line of the Easement property; and (ii) clear all existing vegetation within the Easement Property, County shall be responsible for and shall pay all costs associated with maintaining the Easement Property, c, On or before January 1, 2009, County shall, at County's sole cost and expense, clear a ten foot (10') wide vehicle pathway located just North of the Northernmost boundary line of the Easement Property, College shall be solely responsible for all costs associated with maintaining the 10' wide vehicle pathway, d, County agrees not to use the Easement Property in any way that would unreasonably interfere with the use or development of College's Property and in this regard, County acknowledges and agrees that College, its successors and/or assigns, have the right to place a sign identifying the development on the College Property within the Easement Property, provided the sign does not unreasonably interfere with the purpose of this Grant. College shall be solely responsible for all costs associated with the sign on the Easement Property. e, County shall have the right to remove or trim any roots, trees or other vegetation or structures within the Easement Property, at its sole expense, in order to properly install, repair and maintain the Storm Water Facilities, f, Both parties shall promptly cooperate by signing all permits, applications and related documents required to facilitate the construction of the Storm Water Facilities on the Easement Property and fulfillment of all other obligations set forth in this Grant, the costs of obtaining any permits, applications or related documents required being the sole responsibility of County. College shall incur no costs in connection with this Grant, other than costs to tie into County's Storm Water Facilities, to maintain and repair the Roadway upon College's approval of the final Roadway, 1467070v7 maintain the 10' wide vehicle pathway and install and maintain a sign within the Easement Property, g. In the event either party forms a property owner's association for its respective property and that party assigns the rights and obligations of this Grant to the property owner's association, that party shall be released from all liability hereunder. 16[6 4, Grant Runs with the Land, The terms and conditions of this Grant shall benefit and be binding upon the heirs, successors and assigns of the parties herein and shall run with the lands of the County Property and the College Property, 5, Enforcement. In the event either party fails to perform any of the covenants, agreements or meet any obligations imposed pursuant to this Grant, then the other party shall be entitled to all rights and remedies permitted by law, including without limitation, the right to proceed in equity with an action for injunction or specific performance to enforce its rights under this Grant. 6, Failure to Perform Oblioations. In the event either party shall default in the full, faithful and punctual performance of any obligations hereunder, the aggrieved party shall be entitled to all rights and remedies permitted by law, including without limitation, the right to proceed in equity with a return for injunction or specific performance to enforce its rights under this Grant. 7. lndemnitv, By acceptance of this Grant and to the extent permitted by law and without waiver of the protections of sovereign immunity provided in Section 768,28, Florida Statutes, County covenants and agrees for itself, its successors and assigns, that it shall indemnify and save College harmless from and against and to discharge, pay and insure against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorney fees and paralegal fees both in trial and appellate levels, arising out of or alleged to have arisen out of or been occasioned, in whole or in part, by the acts or omissions of itself, its employees, agents, licensees, independent contractors, consultants, guests, customers or invitees for injury, death and/or property damage, drainage of surface water through or from the Easement Property and any flooding of adjacent properties to the Easement Property caused in whole or in part from the discharge of surface water or caused in whole or in part by _acts or omissions occurring while exercising its rights and privileges set forth in this Grant. 8. Governino Law/Severabilitv. This Grant shall be governed by and construed under the laws of the State of Florida, In the event any term or provision of this Grant is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Grant shall be construed in full force and effect. 9, Prevailino Partv, In the event of any litigation between the parties arising out of this Grant or the collection of funds due either party pursuant to this Grant, the non-prevailing party in such litigation, as determined by a judgment of a court of i467070v7 r. :it competent jurisdiction, shall pay all costs incurred by the prevailing party, including without limitation reasonable attorneys' and paralegals' fees and costs incurred, whether such fees and costs are incurred at trial, on appeal or in any bankruptcy proceeding, 10, Recordinq, This Grant shall be recorded in the Public Records of Collier County, Florida and the recording fee of this Grant shall be paid County, 11, Counteroarts, This Grant may be executed in a number of identical counterparts. If so executed, each of such counterparts shall be deemed an original for all purposes, and such counterparts shall, collectively, constitute one agreement. 12, Effective Date, The rights and obligations under this Grant shall become effective upon the recording in the Public Records of Collier County, Florida, IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses: /;( \. " tness #~ . Print: I(ltl/M II T ~#I'(" J,<. ~~#~~ Witness #2 . / Print: 4i /llAl/c:A>1I #J,t/&JI.:T<P# I/~, Edison College District Board of Trus s By: Print Name: f "- 1M.) rJ Title: (' }tMICrtlAy of' b 1'>T1U<l.-\ ~~D ~ "\1~.",~'.:>rL"-' STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ~ day of 4,4/"" l ,2007, by J:l::kutl",~ L..<.tV]"'M , as C~'w....;;, of Edi istrict Board of Trus es, on behalf of Edison College, Florida, who is personally known t mJl or who produced as My Commission Exp' es: u2 Notary Public i~;Yt",,-- Vicki Lee Dryden i'~I,'''~''~~ Commi~B:inn iinn'~n452 "", 'E' \.~.. .:i/ xptres: Dee 03, 2007 ""~~l'\\\\\~ Bonded Thru Mantic Boodini! Co Inc. PrintfType Name of Notary Commission No: 1467070v7 k Asslsta.t COI.t, Attor Ell.n T. Cht4wtl1 ., 467070v7 Board of County Commissioners of Collier County, Florida By, yI/U J"';;'s 'Coletta, Chairman ]6[6 -,...", ""',....II.11!!!olor....'~ Co\\~e ((\LIbf>~J ~ ~ 16[6 EXHBT A- Page I of V Leg.i1 0eIclllti0n being a part of Tract 'B', Lely Rnort Phue Two, Plat Book 18. pages 43- "t Collier ~ FIorlda 30 Ac:fe P 1 A11lhll part 01 Tract 'B' LeIy Resort Phase Two, PIal Book 18, pages 43- 45 01 the PubIlc Recordl 01 Collier CounIy, FIoridI, being more paltic:ullrty descrlbecl IS follows: Beginning althe ~I comer of Hid Tract 'B': , lhInce aJong lhe north line of uid Tract '8". North .'03'44' Enl819,41 feel; Ihenc:e leaving Hid line South 04"03'03' W.11325,3O feel 10 Ihe south line 01 Slid Trlct '8'; lhInce llong uid tine South 55"03'03" West 723,81 feel; Ihence con\lnue along Hid IClUlh line weltelty 283.31 fllllt along \he are 01 I c:ircular curve concave northerly hiving a nIdIua of 825.00 feel through a c:entral angle 012S'58'18' and being IUbtended by a chord which be.. 280,89,...110 a point on lhe WIlt line of leid Tract 'B': y' :1i. \hence along Hid fine IIong nUll line N PllIilI of BegInnlng; SUbjeCt to .a_nII IIId ContainIng 30,00 acru Sa"'-1II1 are based on CertIfIcate of authorizat' WllIonMIIIer. Inc, Regislered Englneers and f? fila P. Maloney, P,S, RlIt 2C.102S, shlIlIt 1 Not valid unIe.. embossed with \he Profesalona". ..at OW_"'t."'-..,-. ..",. ,,,, "",. ,,,-,. "...". ,.., ,UlI/l.',.U... St_atl /llflis. f4'r/tf;Hltr,'&'IAIl ,,'-IUf-<<NO. ""l43o$l16'1 ....... '-.- "-..10. I,. ...... z 0 .. . . .. ! ~ '!; .. " liE > :an . - en l"~ . 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"'~n . ......~ .... . ~~~ "'lCD , 16E6 x~t , . C ou,('(\'./ ~ aoper:2Vj ...... -_.,............ 16E6 EXHIBIT ~ Page l of .::z.....- ,- L8P r>- 1."1 ...1IeIng. 11Ift at TIIId or, lAIy ~ "- ,.., PlIIIcloIc ,.. JlIIII <IS- .s. CaIIIIr ~ 1lV. AarIdII 20 ,Atft PIr'llII ,..._ fJlTIlICl or LIlY RIIClIt "-Twa. PlII8IIok '11..... q....5atllle P\ltlIIc fl 1 .. at CaIIIIr CanNY. FIaridI. bIIIng _ tMW .....,... ~.1I_ raIaM: ~11II_...1l1he 1IOI1II..r_ CIIIIW flllaid T/IIlll T: ........ hlllllth 1M fII MIll TntCt'" NarttlI8"OS'44" EMt,1U1 "'10.. Point 01 ,.'1....".-..-: __ __... 1Ile1lGltt" at..., T,. or NartlIl"03'44- Eat "II.. r.t ta a paW .. ..l!aIt Ine at... T_ ...; ....._ ... ... .. ... o.'Ofor WIll W lD .. ..... .. at... Tl'lICI T: __.........-~I I ~-211 fIIanall__, AoIlIiI -. an. _!Willi ~ 11 "If ...... ...... .... vi 1v . or ... ...... II 1I J 1'" ,... Weal 211,01 '-t ----...... : '*_ ~_II.., IIIId 1M Narlh to "J .. I .-... ... ec.. -. 11I11I 2D.... _ at r ,~,,"""an" c..... . ah, 1....1.. r . VJf I .- ,Ina. . .: - -~... I , and Ja .... ~~......-..... __ ,.,.... ,.,. J f at - T"* .... .-,....'-__ __Jf_ ,.,.. "("'."'40'''''."f - -- -- .......,,,......... 16E6 iii . . ~of~ . .; '. f'" .1 ~ ;. !:: ~J . i! ~ ..- ~. '! !' ~ .;; .. .. J" j':- ...JIlP I. , . . . :;. ;; . "0" .~ .~ . ,., . 'iH:-' 1I,~JJj il";-I . .. " l>:r . jli f " . .:1 " {:I. . , IH; jff !. r ~1"!":"l"l" :":-..- .. ~ 'I !E~~~~f! I' . ~ ., "~;'fii~ I .. - i1,,11Ii!1 . I jJ i~ lit '':.1' I J i' -a=!1" I ',;j ili~'~ - II 'a;1 ... /I-.;I!: I 1.4. I I .p, 4' ; .' I 1':1"1. ! ... 01 o . a~. I o. ,-, II' _ I ' I lZ -- - T I I I \ ' .' I ! .', !,~- , ''.' ,.... \' _!:'!11 . 'I · .~. :a..: , , ~.U~i ': ~ -' . . I,:. . ... I ~ . III I ~~"4 -j ,iT'..,.-_"'l.o.,.....~, I' .. ...' t · ~ ... "II ~ I~ hI I ~;. n n' , . l:l." nl I . Y /.. , 11'- ,.; nl I · nl' ..= ill I ".'- hi , ~ ,,, I 1,1 . hi ~: .... ,., I I I I , . ~..... ~.. ' ' '-. " I , I , . , , , , . \ I , .. '. .. . 1 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT EXHlllT c.. Pegt \ at ~ LEGAL DESCRIPTION ALL OF DRAINAGE EASEMENT il" AND A PORTION OF TRACT "8" OF LELY RESORT PHASE TWO, ACCORDING TO THE PlAT THEREOF RECORDED IN PlAT BOOK 18 AT PAGES 4J THROUGH 45 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE PARTlCUlARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF DRAINAGE EASEMENT il: AS SHOWN ON THE PlAT OF LELY RESORT PHASE TWO, ACCORD/NG TO THE PlAT THEREOF RECORDED /N PlAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 04'03'03" EAST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT il: FOR A DISTANCE OF 254,82 FEET; THENCE RUN NORTH 5T31 '51 " EAST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT il: FOR A DISTANCE OF 71,25 FEET TO A POINT ON A CIRCUlAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 41'19'47" WEST, A DISTANCE OF 100.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4: AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 92'09'31: SUBTENDED BY A CHORD OF 144,06 FEET AT A BEAR/NG OF NORTH 02'35'28" EAST, FOR A DISTANCE OF 160.85 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 52'20'56" WEST, ALONG THE BOUNDARY OF SA/D DRAINAGE EASEMENT ':4: FOR A DISTANCE OF 64,34 FEET; THENCE RUN NORTH 04'03'03" EAST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4: FOR A DISTANCE OF 103.15 FEET; THENCE RUN SOUTH 8T23'00" EAST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4: FOR A DISTANCE OF 161,10 FEET TO THE BEG/NN/NG OF A TANGENTIAL CIRCUlAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4" AND ALONG THE ARC OF SAID CURVE TO THE R/GHT, HAVING A RADIUS OF 72.00 FEET. THROUGH A CENTRAL ANGLE OF 79'46'04: SUBTENDED BY A CHORD OF 92,34 FEET AT A BEARING OF SOUTH 4T29'58" EAST, FOR A DISTANCE OF 100,24 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38,00 FEET. THROUGH A CENTRAL ANGLE OF 68'00'21: SUBTENDED BY A CHORD OF 42,50 FEET AT A BEARING OF SOUTH 41'37'07" EAST, FOR A OISTANCE OF 45,10 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT il" AND ALONG THE ARC OF SA/D CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET. THROUGH A CENTRAL ANGLE OF 96'28'12: SU8TENDED BY A CHORD OF 167.08 FEET AT A BEARING OF SOUTH 2T23'11" EAST, FOR A DISTANCE OF 188.58 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RAD/US OF 988,00 FEET. THROUGH A CENTRAL ANGLE OF 08'12'51: SUBTENDED BY A CHORD OF 141,52 FEET AT A BEAR/NG OF SOUTH 1044'29" WEST, FOR A DISTANCE OF 141,64 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4" AND ALONG THE ARC OF SAID CURVE TO THE R/GHT, HAVING A RADIUS OF 112,00 FEET. THROUGH A CENTRAL ANGLE OF 20'01'12: SUBTENDED BY A CHORD OF 38,94 FEET AT A BEARING OF SOUTH 22'38'47" WEST, FOR A DISTANCE OF 39,13 FEET TO THE END OF SAID CURVE; (CONTINUED ON SHEET 2 OF 3) * TmS IS NOT A SURVEY * DRAWN BY: REG JOB NO.: 05719,00 SHEET 1 OF 3 LEGAL DESCRIPTION CO.lJJ.l'.R COl/H7'Y .l'K.l'.RC.l'HCY S.l'.RYIC.l'S COKPUT AlID SOl/I'H ./l.l'C/OHAl .lJB.RA.RY SlC'770N J!2. TOII'NSHIP 50 SOom. HANCE 28 EAST. COUJER COUNTY. 'LOIULU DATE: FEBRUARY 2007 DRAWING: 05719-DE-4 16[ COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT C. ' " EXHIBIT LEGAL DESCRIPTION page:L. of ~ (CONTINUED FROM SHEET 1 OF 3) THENCE RUN NORTH 8027'24" EAST FOR A DISTANCE OF 18.44 FEET TO A POINT LYING 40,00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH RIGHT-OF-WAY LINE OF LELY CULTURAL PARKWAY, A 120.00 FOOT WIDE RIGHT-OF-WAY, AS SHOWN ON SAID PlAT OF LELY RESORT PHASE TWO; THENCE RUN NORTH 55'03'03" EAST, PARALLEL WITH SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 629.57 FEET; THENCE RUN SOUTH 04'03'03" WEST FOR A DISTANCE OF 51,47 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID LELY CULTURAL PARKWAY,' THENCE RUN SOUTH 55'03'03" WEST, ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 662.36 FEET TO A POINT ON THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4:' THENCE RUN NORTH 34'53'00" WEST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4: FOR A DISTANCE OF 41,35 FEET TO A POINT ON A CIRCUlAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 31'30'18" WEST, A DISTANCE OF 112,00 FEET THEREFROM; THENCE RUN SOUTHWESTERL Y, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 112,00 FEET, THROUGH A CENTRAL ANGLE OF 0875'18: SUBTENDED BY A CHORD OF 16,45 FEET AT A 8EARING OF SOUTH 62'42'21" WEST, FOR A DISTANCE OF 16.46 FEET TO THE END OF SAID CURVE,' THENCE RUN SOUTH 66'55'00" WEST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT ':4: FOR A DISTANCE OF 292,33 FEET TO THE POINT OF BEGINNING; CONTAINING 3,911 ACRES, MORE OR LESS. NOTES: I,} BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF TRACT "EJ" OF LELY RESORT PHASE TWO, ACCORDING TO THE PlAT THEREOF RECORDED IN PlAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH 55'03'03" WEST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD, 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. fEF1~.J ) -? -07 DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM, LB-734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE: AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. .. THIS IS NOT A SURVEY" DRAWN BY: REG JOB NO.: 05719,00 SHEET 2 OF 3 LEGAL DESCRIPTION CO.l.UKH COllH!'Y KJlKHCKHCY SKHWCKS COJlP.lKX AND SOll7'H Hl'CIOHAl UBlU.HY SEC170H 22. :rrJITHSH7P 50 SOU17T, HANCE 26 EAST, t:rlfJ.FER COUHFY. F~ORllU DATE: FEBRUARY 2007 DRAWING: 05719-DE-4 C1 " J ,.'. COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT EXHIBIT c., Page '; of ? I EDISONCOMMUNlTYCOLLEGE TRACT "B" STRAP#:461400B15B11 LELYRESORTPHASETWO \ J (PLATBOOKl8,PAGES4345) -.J I 8 COLLIER COUNTY STRAP #: 461400 B 15B11 , O' 100' ZOO' SCALE IN FEET , c ~ I fi~ ......... . ~~ ~:!!:<:,j ~ ~~ i;,,) .... <>0- :": ~;; ~i2<;;j ~~ t;:j"l: ",i'C '" / / 1'~~ A~'i ,~/' 4-0~' 'v~ ~,~G ~.1~ / ~'t.O/ ~~-/ , t- - i: - --c.) REVISED ~::J .!.? \ ~ DRAINAGE EASEMENT '- L6. C,., ~ ~ <;>......, V '- f-.,~" ./ " ~ ~ 0' , / , \ ~ ~...\ b",~~</ / tJ' ~ "<!' , ~'~.... '{ /' , ;1/ ~ i I ~~~/ h"",)~ ~~~~1 /' 5' '-:i "=l (j' ,/' ~"~ t~~~~ / 'v ~ ~ 1./ .~'S~ ~~~'t.o / ~ ':i!!l:; \:'II~./ ./ ''''~~1\J~\G ~ ~ Cv <Ie; \~~ ~ e,: C1 <1V~\~ I;i;I 3'~ V'\'ll / ~ ..'IIJ2}J.. \.1'/ ;)~~' / , , LINE TABLE BEARING N 57"31'51" E N 52"20'56" W N 04"03'0)11 E S 87'13'00" E N 86'27'14" E S 04"03'03" W N )4"53'00" W LINE L1 12 LJ fA LS 16 L7 LENGTH 71.25' 64.34' 10),15' 161.10' 18.44' 51.47' 41J!' POINT OF BEGINNING CUR VE TABLE DELTA LENGTH 92'tJ9'31" 160.85' 7f)"46'04" 100.24' 68W'21" 45.10/ %'28'12" 188.58' 8"12'51" 141.64' 20001'12" 3!J.13' 8"25'18" 16.46' CURVE Cl C2 C) C4 C5 C6 C7 RADIUS 100.00' 72.00' 38.00' 112.00' 988.00' 112.00' 112.00' CHORD 144.06' fJ2.34' 42.5.P' j 167.08' 141.52' 38.94' 16.45' BEARlNG N 02"35'28" E S 47"29'58" E S 41')7'07" E 517"2)'11" E S 16"44'1!J" W S 22')8'47" W S 62'41'Z1" W ,. THIS IS NOT A SURVEY" DRAWN BY: REG JOB NO.: 05719,00 SHEET 3 OF 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION CO./UKR CO{JH7'Y KJEKRCKHCY SKRWCKS COJEPMT UD SOUJ'H RKCfOH.a UflHARY SA'C17ON.u l'Ol1'1ISH.TP 50 SOum JUNI;K 26 AlIST. C'Of.U.6'H COUNrY; FMJR01.I DATE: FEBRUARY 2007 DRAWINC: 05719-DE-4 , I >>>> __.-,___ __,___----1 -~ 'z' I\-~ ',. \ \ ~ \\ '., (~::: ".. .... '- . ~ '\. ~'" '" ~ : .... ~ \.--;'".:\ k '\. ~ '\. 1\\ ,~ l . "'_ -;." I~ ... '"" I \_\., ~- \;..... ... ~ - - ~".. ...-'\.",,- - ' - . I. - . -- '..\ ~\- -, I - \\. \. \ ;.=:.. I -:",,\.. '\~ . - \:\\ ..... ':.... - ~ '\ '\. ". ~ ":, " " .~. ~ . ':. ~.... "'. \ "..",\. .\.."\~ "i-" . -- ~ ......... .. ....~ ,."\ -:'-~ - .., ".. '\.. "', '\0. ':.. ":.. - ..." '\. ". "':;". "\, .. -, "- " \. ...". -:.. -- --~-''-..... ,.' ..... :~~. -... .. -, -- '. '\.' -:. 0"':. '.-::-,.. " ,- .. ':Ul - .... . e: ~..... .. '\ ,,"~ ~~" "'. _. i! .... "' ....# '.:>.':. 85'. . i" \'- "_"'e'-""-o \. I ~ - '. '\. "..... ...:, .... - '.. ~ ~ .. " '':'' f ' - . - _. _ ., i \...~::\ \ ~\'" f -:" ". '" ...." _.... . 1&' ','T. "':.. __'\. ~. '!:" . -~ t.~ -..... ... 7 ~.._ '. .:~-- '\" \".~\.. \;;.\>:::--'- \. . ~'. ..., \-- \....~. - ~ ':.""" - ", . -:.'\. ''0-:''." ':, .~ \\ \ ~ '~: -~\\~:~~\\i5 - - ". : " ~ " '~~..",". !'In , . . . . -.<\ '~.;~ - ~.. "~~;:;"". \..\~' '- '. '. "\."0. _"" ':'\.'. . ..j '..\ '::"'~ .\~..,.~~~,~.... . ..... .. "'. . - -"'"'" -. '."\. ..... ,-~, .. -. ". ;.. -~~~--~-~~ " /-;~HI3IT b V '-loll -~T~T~-:-- " ..;;0; ....-.",-- ~-c.;:... ::::... , '"!I""II!'I":~ : ;.., .;....... .... ',l .., :7 Z ~ .,' :' rl:' _ _ . ~ ...._x .... ,,' ~ -=:0: .... : , ..7:,_' .:::. ." ~ ~( -- ~ &. ,'~ " .' "':> -' : - f CO r ...._ ...; ". ", . ,'.,.,.- , "" :-:;": . . ",l~~.. i-.. - 1 f\ 1\ , \ 1 rn :; '" '" p -, fI" ~ a 1 I-~ ~el I, : r fi 1 e I I I I~ I ~~ I !~ I . I .~ I ~ ; ~ )> G> :;0 m m Cl Cl ~ :z )> G> m m )> en ;Om ~ ~ :z -l ! ~f.lq , fll..il ~ i ~f!~ . -lr ~ '" OJ '" 5' = .. '" m ~ en 3- ~ '" ;0 _CD r;- '" = = '" = '" ~ ~ = ~ i -,I I L--e 1 I 1 I 1 I I I t ij C J J. 7 .... __0_... :"::~:;E ':: ;:~z ;;:-=00 ;DjIo~~ O! -t .- ~ - ----=---~ - 26[6 ~---l '. . I I (]\rl UlQ. ",'iii- --0 12.:; '" x n -, .)>.0 all) ,lI) I ~o 0< :; '" (0 -, p "- -+;0 o lI) 3 C::' -, ." P n '" rl X lI) -+ :; (0 n '" p -, '" 12. rl X lI) -+ "2 :; (0 'D P .,., -+ '" :y :; '" n p '" )( '.~----- - --, '"..-..".".. , BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 24, 2007 1, MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: (1) Bavshore/Gatewav Trianqle Local Redevelopment Advisory Board: Agenda for February 6, 2007 Workshop; Minutes of February 6, 2007 Workshop; Agenda for February 6, 2007 Meeting; Minutes of February 6, 2007 Meeting, (2) Coastal Advisory Committee: Minutes of February 8, 2007; Minutes of January 11,2007; Minutes of December 14, 2006. (3) Radio Road Beautification M.S.T.U, Advisorv Board: Agenda for March 20, 2007; Minutes of February 20, 2007; (4) Citizens Corps Advisory Committee: Minutes of January 17, 2007; Agenda for January 17, 2007; Minutes of February 21, 2007; Agenda for February 21,2007, (5) Collier County Planninq Commission: Agenda for March 15, 2007; Agenda for March 1, 2007; Minutes of January 4, 2007; Agenda for February 15, 2007; Minutes of December 21, 2006, (6) Immokalee Master Plan and Visioninq Committee & Community Redevelopment Aqencv Advisory Board/Enterprise Zone Development Aqencv: (a) Immokalee Enterprise Zone Development Aqencv & Community Redevelopment Aqencv Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007, H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondencel042407 _ misc _ corr.doc ..-. ----..>~.~.._._---"---_.,.,,".._.'"^ (b) Community Redevelopment Aqencv Advisory Board and Immokalee Master Plan and Visioninq Committee: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for January 31, 2007 Special Meeting; Minutes of January 31,2007 Special Meeting; Agenda for February 21, 2007; Minutes of February 21, 2007, (c) Enterprise Zone Development Aqencv/Community Redevelopment Aqencv Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for February 21,2007; Minutes of February 21,2007, (7) Emerqencv Medical Services Advisory Board: Minutes of January 30, 2007; Minutes of February 28, 2007, (8) Pelican Bav Services Division Board: Agenda for March 7, 2007; Minutes of February 7,2007; Agenda for February 26,2007 Special Meeting; Minutes of February 14, 2007 Workshop, (9) Bavshore Beautification M,S.T.U, Advisory Committee: Minutes of February 7,2007; Agenda for March 21,2007, (10) Collier County Contractor's Licensinq Board: Agenda for March 21, 2007, (11) Lelv Golf Estates Beautification M,S.T.U, Advisory Committee: Agenda for February 15, 2007; Minutes of January 18, 2007; Agenda for March 15, 2007; Minutes of February 15, 2007, (12) Conservation Collier Land Acquisition Advisory Committee: Agenda for March 12, 2007; Minutes of January 8, 2007; Minutes of February 12,2007; Agenda for February 12, 2007, (a) Outreach Subcommittee: Agenda for February 12, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondencel042407 _mise _corr.doc (13) Immokalee Beautification M.S.T.U, Advisory Committee: Agenda for March 28, 2007; Agenda for February 28, 2007; Minutes of January 24,2007 (14) Collier County Environmental Advisory Council: Minutes of February 7, 2007; Agenda for March 7, 2007; Agenda for February 7,2007; Minutes of January 11,2007, (15) Golden Gate Community Center Advisory Committee: Agenda for February 5, 2007; Minutes of February 5, 2007; Meeting Schedule for 2007. (16) Collier County Parks and Recreation Advisory Board: Minutes of January 17, 2007; Minutes of December 20,2006; Minutes of February 21,2007, (17) Vanderbilt Beach M,S,T,U. Advisory Committee: Agenda for March 1, 2007; Minutes of February 1, 2007; Agenda for April 5, 2007; Minutes of March 1, 2007, (18) Collier County Historic and Archaeoloqical Preservation Board: Agenda for February 28,2007; Minutes of January 17, 2007; Agenda for March 21,2007; Minutes of February 28,2007, (19) Collier County Library Advisory Board: Agenda for January 31,2007; Minutes of December 13, 2006; Agenda for February 28, 2007; Minutes of January 31,2007, (20) Golden Gate M,S.T.U, Advisory Committee: Agenda for March 13, 2007; Minutes of February 13, 2007, (21) Forest Lakes Roadway and Drainaqe M,S,T,U, Advisory Committee: Agenda for March 14,2007; Minutes of February 14, 2007, (22) Collier County Public Vehicle Advisory Committee: Agenda for March 5,2007, H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\042407 _mise _ corr,doc .---.....-.....-.-..--..--- ""'---' ....-" T 1-1 r: B /\ Y S H 0 n E / G ^ T I,; \X A , THIANGI.E Rr: "'H'''""~''~ U 4 1 GENe\' OMMUNITY EDEVELOPMENT ,",Ill I\\Y~llqJ~I: DllIVI:. I 'ilT 17 :'\I,\I'I.E~. FL J,1112 I'HuNE ~~ol').(..:U.III.r, F,\x 239,77.:;.."'.'>(' BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD ANNUAL GOALS & PRIORITIES WORKSHOP Tuesday February 6, 2007, 5:00 p.m. 2740 Bayshore Drive Unit 17, Naples FL 34112 A2enda I. Roll Call Fiala j "Of '/ Halas j Henning ,-- coyle v' Coletta 2 Adoption of Agenda 3. Welcome and Admil1lstratlve Commcnts (CRA ED.) 4. CRA-AB Chairman Wclcomc and Rcmarks 5. Redcvelopment Ovcrvicw (CRA E.D.) 6. Overvicw ofCRA Accomplishmcnts 2006 (CRA ED.) 7. Ovcrview of Recommcndcd CRA Projects 2007 (CRA ED.) X. Board Discussion & Projcct Ranking 9. Chairman's Closing Rcmarks J (l Adjournment :>..,'olc: .\11 meetings ar~ publici" noticed inlhc lIamlOn TUnll.'"r Building (.'\dminislration Building). tl.Iectings are held at the CI~A Ofticc. Ple,lst,' call the B.lyshon.',Triangk oflicc at (2:1')) ()4J.1115 if yo II have any tjueslions ahout lhl.'" mccting. fry,)u an: a person with a disability who nceds an... ;Il:"l,;ommodation in order to participate in this proceeding, YOll arc entitled. al no cost to you, to the provision of certain assistance, Plcase David .Ll":k,,,\)ll 2740 Uayshorc Drivc Unit 17. Naples. Fhlrida. 341120 (239) 543.1115: assish:d liskning devices lilf (he he;lring impaired ar.: a\ailabk ill the COllllty Cotnlllissi"ner"o O!1ice Misc. Corres I Date 4b.~ ~ . +,Jkl-UU '., '.u RECEIVED MAR i 5 2001 F0.1/d <If County Commissioners - '1'111: lot'l BA;SIIUH,:/G,\TE\xA' THIANr;LI: R'.:lJl.VEL"PMI:NT"i\(;' ,,~- 1 OM M {! NIT Y f? E 0 EVE LOP MEN T .\ G ENe Y 1.7-l1) IL<\YSHORF DRIVF, \lNIT 17 NAPLES, FL 34112 PueNI: 2J').h4J.ll'~ F\'\ lV) "1';', -II~I; BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 6, 2007 CRA-AB ANNUAL GOALS WORKSHOP The workshop meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order at 5'.00 p,m, at 2740 Bayshore Drive. unit 14, Naples, FL 1, Roll Call-Present: Advisory Board Members: Ronald Fowle, Karen Beatty, Rod Garner, William Mears. Chuck Gunther. Lindsey Thomas. and Bill Neal, Steve Main and Bruce. Preble. 2, CRA Staff Present: David Jackson, Executive Director, Jean Jourdan and Jon Ogle Project Managers. 3, Mr. Neal opened the workshop with a brief introduction of the purpose of the goal session, and asked if anyone had a change to the agenda. Hearing none he turned the workshop over to Mr. Jackson to facilitate the agenda, 4, Mr. Jackson gave an overview of the purpose and structure of CRAs and described how the CRA's revenues are spent. He covered the Advisory Boards Mission Statement and Strategic Goals, He asked if there were any recommended changes to either. Mr. Preble asked to consider inserting the words "quality of life" as that seemed to be an ultimate objective, The Board asked Mr. Jackson to work it into the Mission Statement and return with a proposal at the Board's March meeting. The Board agreed to not change the Strategic Goals. 5, Mr. Jackson handed out the CRA's Accomplishments March 2005 to March 2007 for the Board to review, He then directed the Board's attention to last year's his goals, objectives and projects and explained that they were provided as a place to start, and that the Board should include any other goals or objectives that are not shown, He asked the Board to review the five goal categories (Organization, Economic Development, Incentives, Code Enforcement, and Infrastructure) and the objectives listed beneath then rank them in priority or importance, 6. The Board discussed each category, During the discussion, Mr. Thomas suggested that the CRA pursue the creation of a brochure that describes what the CRA has accomplished. Mr. Fowle and Ms Beatty added that in marketing that maybe some sort of weekly column in one of the local papers might be a good way to keep the news in front ot the public, Ms Beatty also asked for the staff to get out to local organizations and give talks, Mr. Jackson suggested that one of the CRA's powerpoint presentations should be modified into a standard "Roadshow" for these type of presentations, Ms Sondra Quinn asked the Board to consider approval and creation of a CRA-AB subcommittee to investigate the local support to build a business support committee, The Board said that they would add that to the regular meeting agenda for a vote, Mr. Mears asked it the Board would consider, during the regular meeting that follows the workshop, to discuss the possibility of acquiring the Dixie Plumbing building as a place for permanent CRA offices, Ms Beatty asked for Code Enforcement to come to the March CRA-AB meeting to give an update, 7. Adjournment. Tile workshop was adjourned at 6:00 pm. The Advisory Board commenced its February 6, 2007 regular meeting at 6PM. { TIIEBAYSllOl<E/GATEWAY TI<IANGLE RI':IlEVELOPMENT A~':~ /1 .4 l,OMMUNITY i(EDEVELOPMENT GENe'{ 1 27-tO 1l,\\SlI')HI-: IJIU\'E, I.....IT J7 NAPLES, ,.'1. .14112 I'HONE 239.(,.13.111.~ I....\~ 2j'J 77_~..J-L'ih BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday Febl"Uary 6, 2007, 6:00 p.m. 2740 Bayshore Drive Unit 17, Naples FL 34112 Agenda 1. Roll Call 2. Adoption of Agcnda 3. Adoption of Minutcs - Rcgular Mecting January 3, 2007. 4. Executivc Director: a. Presentations: L Marci Sandcrs - Naples Sheltcr Residential Dcvelopmcnt b. Sitc Improvement Grant: i. 04/2007 - Luis Fonscca & Idalia Alvarado (Rcsidcntial) IL 05/2007 - Dcbra & Phillip Picrcc (Rcsidcntial) ilL 0(,/2007 - Rosa Ruvolo & Vito Basilc (Commcrcial) c, Projcct Updates 5. Old Busincss: a. Chainnan Lcttcr to Collicr Commission, RE: MSTU Staffing - Ncal b. Acccpt Final Report - Bayshorc-Shadowlawn Transportation Corridor Stud\ C, CRA Capital Prqjccts & Dcbt Financing Rcport d Rcsidcntial Land Acquisition Proposal c. Gateway Mini-Triangle - Thomas 6, Ncw Business: a, Acceptancc/Approval 01'2007 Workshop Goals and Work Plan b Marketing Book Contract Approval c. Swcat Equity Grant Program Proposal Appro\al d. Cultural District "Case Statcmcnt Documcnt" Contract Approval e, Authorize CRA Training & Education Travcl f Elcction of 2007 Advisory Board Offiecrs 7. Citizcn Comments 8. Adjournment \'\)[,,::: .\11 m.....:tings ar.... publidv noli"cd ill thl: j-lannol1 Tllmer Building (..\dministralj,>rt Huilding) and on Ilk' Baysnor.... (fat..:way Triallgk ClL\ \\~'b sill:: \\,'\\\'.~'lll1i"r..:ra_""olll, :\JJ m......:tings ar" hdd at the eRA Olliee. 1'1....ase call1h.... Baysl1oreiOateway Triangle ollio.:: ;11 (1.\')) ("I].! I [:; if\'llll hilv.... allY qu.:slillJ1s ,lhollt the meding. IfY\lII ar.... a pt.'rSOll with a disahility who n..::....ds allY a..:.:ommodallnll in orlh:r tu parti.:ipak ill this pro..:c..:ding. you :tr~ ":11!ilJed. al no .;nsllu YOll. tlllh..: pw\"isioll nJ'certain assistance. PlL"ase contact Dilvid Jadc~{)n. 2740 F3ayshore Dr;".:. Pnit 17. ~arJ.:s. Florida. .1,11 ]2. (2J9) (,.U-I 115 RECEiVED MAR I J 2007 Br>Jni ,:,f ("IJllr;(y ':;:';,:1Il1i'-,~;i,;'!dS OMMUNITY 16/ \\;' A Y T H I ^ N (; L E H j.; J) I,; V 1-; I. () P i\:J EN T A H [.; A 1 A EDEVELOPMENT GENCY II 1 J I I,; [},\ \" S 11 () HI.: / GAT [.: 27.11J B\'~IJ('Hi: IlIlI \'!-: 1::--;1')' 17 '\..\I'LFS, 1'1. 3-1112 I'IIO~L ;U9.1,..jJ,III~ J.o\:\ .L\9.775..1..j_~6 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 6, 2007 MEETING The meeting of the Bayshore/Galeway Triangle Community Redevelopment Advisory Board was called to order at 6:00 p,m, at the CRA Office Meeting Room 2740 Bayshore Drive Unit 14.. 1. Roll Call-Present: Advisory Board Members: Steve Main, Rod Garner, Chuck Gunther. Bill Neal, Lindsey Thomas. Karen Beatty, Ron Fowle and Bruce Preble, Excused Absence: Bill Mears, CRA Staff Present: David Jackson, Executive Director. Jean Jourdan and Jon Ogle Project Managers, County Staff Present: Marjorie Student-Stirling, Assistant County Attorney and Gianfranco Nicolaci, Stormwater Department 2, Adoption of Aqenda: Ms Beatty asked to add to New Business 6a: Dixie Plumbing building discussion and Bayshore Business Association. Mr. Jackson asked to add 4a.ii: Presentation by Gianfranco Nicolaci on Thomasson Drive Stormwater project Motion to approve agenda with changes: Mr. Main, Second: Mr. Gunther. Approved 8-0, 3. Adoption of Minutes: Mr. Gunther asked that under Old Business 5b.ix that the word cultural be added to the phrase "multi-function facility". Motion to approve January 3, 2007 Minutes with changes: Mr, Gunther, Second Ms Beatty, Approved 8-0. 4, Executive Director's Report: a, Presentations. I. Mr, Jackson introduced Ms Marci Sanders from the Batter Women's' Shelter. Ms Sanders gave a brief overview of the Women's Shelter mission and the current project of building 4 homes as half-way housing for tlleir clients on Pine Street She detailed how the Shelter has run into difficulties in getting their project approved and permitted by the County. She asked for any assistance possible from the CRA Advisory Board. In discussion the Board agreed that if there was nay kind of assistance that could be provided that they should do so. Ms Jourdan added that she has been doing some fact-finding over the last two weeks, and that she has made contact with the decision makers in the County Zoning Department. Motion to write a letter of endorsement from the CRA-AB by Mr. Gunther. Second: Ms Beatty. Approved 8-0. ii, Mr. Jackson introduced Mr, Gianfranco Nicolaci of Collier County Stormwater Department. Mr, Nicolaci briefed the Advisory Board on the stormwater drainage project that was underway south of Thomasson Drive adjacent to Avalon Elementary School. It is a 90 day project funded by County Stormwater to replace older pipes with a larger piping system to improve the flow to the wetlands in the area of the Sable Bay project area. The project is almost complete. Mr. Nicolaci also added that there was another project currently in planning that is to improve the stormwater flow to tile north of Thomasson drive to the Lake Kelly retention area, The Board thanked Mr, Nicolaci for his presentation and expressed their appreciation for the focus in the CRA area. b. Mr, Jackson covered three site improvement grants received this month, He stated that two grants (SIG 04/2007 and OS/2007) had been reviewed by the Assistant County Attorney. and if approved the third grant, SIG 06/2007, would have to be approved 'pending County Attorney office review and approval', Jon Ogle presented SIGs 04/2007 and 06/2007. and Jean Jourdan presented SIG OS/2007, Motion to approve and recommend CRA funding for SIGs 04 /2007 (Luis Fonseca and Idalia Alvarado) and OS/2007 (Debra & Phillip Pierce): Mr. Main, Second: Mr. Gunther. Approved 8-0. Motion to February 6 2007 eRA-AB Minutes approve and recommend funding for SIG 06/2007 (Rosa RUVO~ ~it! Ba!) d,tJingl ' County Attorney review and approval: Mr. Main. Second: Mr, Garner, Approved 8-0. c, Project Updates. Mr. Jackson directed the advisory Board's attention to the memo in their Board packets detailing project updates and asked if there were any questions or comments, There was none, 5, Old Business: a. Chairman's Letter to Collier Commission, RE MSTU Staffing, Mr. Neal stated that this project was still under discussion with the County representatives in the MSTU and he would report later when the infonnation was available, b, Accept Final Report - Bayshore-Shadowlawn Transportation Corridor Study. Mr, Jackson advised the Board that the Corridor Final Report had been delivered and copies of the 140 page report was available to the public and Board. The final concluding chapters will be scanned and loaded on to the CRA web site for download, Motion to accept the Report: Ms Beatty, Second: Mr, Fowle. Approved 8-0. c, CRA Capital Projects & Debt Financing. Mr, Jackson gave an overview of the infonnation in the Board packets detailing potential CRA Capital Projects and the results of his meeting with the County's Finance Committee. He asked the Advisory Board to recommend to the CRA Board the creation of addition debt through either a taxable or tax- exempt debt program, as recommended by the County Finance Committee. Motion to approve the Executive Director continuing to pursue future debt financing and recommend CRA Board approval of new debt financing to fund projects: Mr, Thomas. Second: Mr, Main. Approved 8-0, d, Residential Land Acquisition Proposal. Mr, Jackson reminded the Advisory Board that at the January meeting, the Board approved the pursuit of residential parcels of land in stressed or blighted neighborhoods that could be purchased form willing sellers to become a part of a CRA residential infill project. Mr. Jackson presented 5 trailer properties that had been offered to the CRA. with contracts to sell, signed by willing sellers. He asked for Advisory Board approval and recommendation to the CRA Board to sign the contracts and approved payment from the Wachovia Line of Credit. Motion to recommend CRA Board approval to purchase 5 trailer lots and make payment from the Wachovia Line of Credit. Mr, Main. Second: Ms Beatty. Approved 8-0. e, Gateway Mini-Triangle Update. Mr. Thomas briefed the Advisory Board on numerous conversations that he had with property owners in the mini-triangle and that he and the Executive Director had visited the CRA Board members to advise them of potential CRA participation in the redevelopment of the mini-triangle through the purChase of available land. He asked Mr. Jackson if there had been any progress in location of available land that the CRA could purchase. Mr, Jackson delivered to Mr, Thomas an assignable contract for the old Burger King property, 1,66 acres. that had been offered to the CRA to accept and purchase, The contract was for $3.5M with 160 day due diligence period and 170 days to close. He stated that the property had recently been appraised at $3,9M and had a Phase I environmental inspection, and recommended that the contract be forwarded to the CRA Board for review and approval along with CRA Board approval of a request for quotes from financial institutions for additional CRA debt to enable purchase of the Burger King site, Motion to recommend to the CRA Board to sign the contract and approve acquisition of additional debt financing: Mr. Thomas. Second: Mr, Fowle, Approved 8-0. 6, New Business: a, Acceptance/Approval of 2007 Workshop Goals and Work Plan, The Board discussed the 2007 Goals and Objectives that had been reviewed in their Workshop held earlier in the afternoon. Motion to approve the 2007 Goals and Objectives: Mr. Neal. Second: Mr, Thomas. Approved 8-0. The Board discussed the creation and approval of a subcommittee to conduct an analysis and review on the possibility of creation of a business association in the CRA. Motion to approve the subcommittee and recommendation that Ms Beatty be the Board member to be a part of the team: Mr, Gunther, Second: Mr. Main, Approved 8-0, Ms Beatty stated that the discussion held in the Workshop about the possibility of the CRA investigation the purchasing of a building February 6, 2007 eRA-AS Minutes :2 1611.41 for a permanent CRA instead of leasing space had merit and that me U'u ~".ie Plumomg building might be suitable since it was close to the CRAs 17 acres, The Board agreed that further investigation was warranted and tasked Mr. Jackson to research the possibilities and return with information in March, Ms Beatty agreed to work with staff on the issue, b. Marketing Book Contract Approval. Mr, Jackson reminded the Board that the CRA has a budgeted line item for marketing and promotion of the CRA's activities and redevelopment activities within the CRA. He reviewed a no-cost contract proposal from Florida Real Estate Journal (FREJ) to publish a 12-20 page CRA marketing magazine that would be paid by the adverlising sold within the book. The CRA would supply the text for the articles about the CRA and projects. Motion to enter into an agreement with the FREJ at no coast to the CRA other than the purchase of an advertisement. if agreed to. and the CRA to provide articles and information for the book: Ms Beatty, Second: Mr, Main. Approved 8-0. c, Sweat Equity Grant Program Proposal. Mr. Ogle gave the Board a brief on the content and substance of the proposed Sweat Equity Grant. It is a $500 - $1000 no-match grant for homeowners to improve their residential property as part of a "do it yourself" program where no permits are required. Motion to forward to the Sweat Equity Grant proposal to the CRA Board for review and approval: Mr, Thomas, Second: Mr. Gunther, Approved 8- o d. Cultural District Case Study Approval. Mr. Jackson explained to the Advisory Board that the reason he had not forwarded the Cultural District concept and creation to the CRA Board and Board of County Commissioners was that there wasn't enough documentation of needs. In the 17 acre RFP Workshop, several attendees from the public asked if there needed to be a comprehensive Needs Assessment completed for the Cultural facility to be built. He stated that the United Arts Council (UAC) had already completed a County-wide Needs Assessment in 2002, and that the Bayshore area was identified in several locations as a potential site for increased cultural and alis programs. He had requested quotes from companies that perform needs assessments and asked for a localized sludy to further document specifics for the Bayshore area in order to validate the creation of a cultural district there. Motion to proceed with the acquisition of a company with the lowest quote that met specifications and complete the Case Statement for the Bayshore Cultural District Mr. Neal. Second: Mr. Thomas, Approved 8-0, e, Authorize CRA Training & Education Travel. Mr, Jackson cited three conferences or seminars on redevelopment or growth management that would be good training and informational meetings for the CRA's team, Motion to recommend CRA Board approval of staff travel to the three conferences or seminars: Mr. Main. Second: Mr. Garner, Approved 8-0, f. Election of 2007 Advisory Board Officers. Mr. Jackson advised the Board that the CRA Advisory Board By-Laws require the Board to elect Officers annually, He stated that there was a position of Secretary. and that the Executive Director essentially fulfills that requirement, and that the Board should reaffirm the current Chairman and Vice Chairman or nominate and elect new officers. Mr, Neal told the Board that he has been the Chairman since the crealion of the CRA in 2000. He enjoyed the volunteer public service and that it has been extremely rewarding, He stated that he would volunteer to continue as Chairman this year; however due to term limits, he had to leave the Advisory Board in May 2007 and a new Chairman would have to be appointed, After some discussion Mr, Main nominated Mr, Thomas to Chairman for 2007. Second: Mr, Garner. Approved 8-0. Motion to appoint Mr, Mears as Vice Chairman for 2007: Mr. Main. Second Mr, Preble. Approved 8-0. Mr, Neal congratulated the new officers and said that Mr, Thomas would assume his duties at the March 6, 2007 CRA-AB meeting, 7, Citizen Comments: Mr. Neal asked if there were any comments or questions from the audience. Ms Betty Stauber form the Abaco Bay Association asked how to get more information about the CRA and ils activities, Mr, Jackson told her that now that she knows where the CRA office is located, she can stop in and get briefed on all projects. She agreed to stop in. Ms Tracey Gray spoke to the Advisory Board about a children's TV program she is working on at the Bayshore Cultural A/ts gallery. 8, Adjournment: The regular meeting was adjourned at 7:40pm, February 6, 2007 CRA.AB Minutes 3 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE 16/ CAe March 8, 2007 Approval of Minutes V-1 1 A 1 of 5 ,.., ( February 8, 2007 n ;:iaig ./J!1i.. ' Hal" "~,.,-"<' a, _._.. ____. Henning____ .___--___.__ '''; oyle__.'::=:_ __,____ Coletta ____.____ LET IT BE REMEMBERED, that the Coastal Advisory Committee in ~~, ,.....,. ,.."., ~~- Naples, Florida, February 8, 2007 and for the County of Collier, having conducted business herein, met on this date at 1 :00 p.m" in REGULAR SESSION at Administrative Building F, 3rd Floor, Collier County Government Center, Naples, Florida, with the following members present: Chairman: Ron Pennington Gerald Camiener Murray H, Hendel Heidi Kulpa Ronald Minarcini Anthony Pires John Sorey, III Paul Sullivan E. Glenn Tucker ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourism Tax Coordinator Wi ,sc Corres: Date:~ Item # (I.']: 1ft 'd-' CopIes to Page 1 February 8, 2007 CAC March 8, 2007 Approval of Minutes V-1 2of5 I. Call to Order The meeting was called to order by Chairman Ron Pennington at 1:00 PM. II, Roll Call Roll call was taken and a quorum was established. III. Changes and Approval of Agenda Mr, Sorey moved to approve the agenda with the addition of the following: Staff Reports, #2, Project Statns, Page 3 was added; a handout was added to #3, Parking Garage Payoff Options Timing, Second by Mr, Pires. Motion carried unanimously 9-0. IV. Public comments None V. Approval of CAC Minutes - January 11, 2007 Page 3, #2, second parab'faph, second line, should read "",the last twenty years, enables City and County residents,.." Mr, Hendel moved to approve the minutes of January 11, 2007 as amended, Second by Mr, Sullivan. Motion carried unanimously 9-0, VI, Staff Reports 1. Revenue Report - Gary McAlpin Mr, McAlpin noted the following: . Revenue collected for the month of January was $1,056,702.00, which was $47,000.00 over what was budgeted . Cumulative total of $2,957,000.00, $164,000.00 over what was projected Mr, Hendel stated that the variance was impressive, $164,000.00 preliminary to heavy season is terrific, projections for year were grossly understated, and budget was low. Mr, McAlpin stated that changes can be made throughout the year. Office of Budget would like to put funds into reserve and budget can be addressed at that time. . City of Naples contributes $771,453.00, 26% of total revenue . Marco contributed $492,950.00 . Collier County contributed $1,661,723,00 2. Project Status Report - Gary McAlpin Mr. McAlpin presented a report, FY2006/2007 TDC Category "A" Beach Maintenance Projects (see attached) Page 2 "'" .J..6/ 1A f.' .. ( February 8, 2007 16 , lA ,2 CAe March 8. 2007 Approval of Minutes V-1 3 of 5 . Budget has been exceeded on Wiggins Pass . Clam Pass is over budget . DEP payoff will be more than anticipated . Budget reflects additions to projects as they occur, entire scope ofproject is not known at once . Artificial reef is committed but no money has been spent yet . Beach renourishment will be closed out at the end of the year 3. Parking Garage Payoff Options Timing - Gary McAlpin Mr. McAlpin discussed Payoff of VanderbiJt Beach Parking Garage Commercial Paper Loan (see attached) · Recommendation was made to payoff loan early in order to save interest 4, Coastal Zone Management Department Organization Information Mr. McAlpin discussed "Executive Summary, Notification of Coastal Zone Management Department and Staff" (see attached) . Coastal Zone Management Department has been relocated 5. Gordon River Pass - USACE Mr, McAlpin provided an update on Gordon River Pass (see attached) . 3,3 million dollars is being requested to go to the City of Naples . Only 3.04 million dollars of federal funds have been authorized for the dredging of channel . Collier County and City of Naples are working together to get more federal funding . Gordon River Pass does not meet criteria for use of tourist tax funds 6, Parking Eligibility Resolution - Secretary, Mike Sole Mr, McAlpin discussed the parking eligibility resolution. (See attached) . City and County Managers have met and project is moving along quickly . There will be one policy Countywide and the City of Naples' policy will complement it . County will take the lead in issuing stickers 7. Red Tide Warning Beach Signs Mr. McAlpin discussed policy regarding waming signs on the beach for red tide, . There is currently no formal policy . Red tide warning system is being worked on and more information will be available at the next meeting . There is a charting program determining when dangerous levels are present VII. New Business None Page 3 c;; February 8, 2007 CAG March 8, 2007 Approval of Minutes v~ 1 4 of 5 VIII, Old Business 1, Marco South Beach Re-nourishment/Caxambas Pass Dredging Mr, McAlpin stated the following: . Project is completed . Southern portion of beach was widened, laser graded portion of beach . Waiting for City of Marco to indicate what they want to do regarding re- positioning of channel markers 2, Wiggins Pass Dredging Update - (see attached) . Wiggins Pass should be done by the end of the next week 3. Clam Pass Beach Park Renourishment/Clam Pass Dredging . 80 foot wide channel was cut last week . Project will take until about April I to complete . Sand looks good . Material needs to be monitored in order to assure no organics are contained 4. Artificial ReefInformation Update . Artificial reef project is moving forward quickly . Drop tests have been done on boulders; 1,500 three-ton boulders will be hand placed on reef . Project will be inspected by DEP at least two or three times during construction . Dune plantings will be started the last week of February or first week of March. Should be well into or completed by next meeting IX, Public Comments See below, X, Announcements 1. Advisory Board Parking Advisory Board should now park in the parking garage. XI. Committee Member Discussion Ms, Kulpa commented she is very pleased with dredging, Captain John Finley, ECA, commented on dredging at Wiggins Pass. Mr. Hendel commented on reorganization, commending Mr. McAlpin and staff. Mr, McAlpin commented on survey of area in front of South Seas Towers, still within nine-month period. XII. Next Meeting Date/ Location 1. March 8, 2007 - Government Center, Administration Bldg, F, 3rd Floor Page 4 ~1 .'t! , :-." ? ~,~.. 16/1A. 2 February 8, 2007 CAe March 8, 2007 Approval of Minutes V-1 5 of 5 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:01 p,m, ***** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington These Minutes approved by the Board/Committee on presented or as amended_, , as Page 5 16/ J January 1 I, 2007 2 CAG February 8, 2007 Approval of CAG Minutes V.1 1of6 J.i l MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, January 11,2007 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION at Administrative Building F, 3'd Floor Collier County Government Center, Naples, Florida with the following members present: Chairman: Ron Pennington Gerald Camiener Murray Hendel Heidi Kulpa Ronald Minarcini Anthony Pires - Excused John Sorey III Paul Sullivan E. Glenn Tucker - Excused ALSO PRESENT: Gary McAlpin, Coastal Projects Manager Colleen M. Greene, Assistant County Attorney Gail Hambright, Administrative Assistant Katie Fuhr, City of Naples - Natural Resources 1:6' f ~, r. tf Ii ,J J. t-j 2 Janl~ ~eprU)0072007 Approval"o'f CAe Minutes V-1 20t6 I, Call to Order The meeting was called to order by Chairman Ron Pennington at I :00 PM. II, Roll Call Roll call was taken and a quorum was established. III, Changes and Approval of Agenda Mr, Sullivan moyed to approve the agenda as published, Second by Mr, Camiener, Motion carried unanimously 7-0, IV, Public Comments None V, Approval ofCAC Minutes 1. December 14, 2006 - Regular Meeting Minutes Mr, Hendel moved to approve the minutes for December 14,2006. Second by Mr. Sullivan, Motion carried unanimously 7-0, VI, Staff Reports 1. Revenue Report - Gary McAlpin Mr. McAlpin noted the following: . For December, Tourist Tax Revenue collected was $869,051, which was $81,65] above the monthly budget. . For the fiscal year, Tourist Tax Revenue collected is $1,911,171, which is $]26,871 above budget. Mr, Hendel stated that a significant reyenue surplus has been earned before the high season has started, If reyenue collections continue to exceed budgeted revenue amounts at the same rate, there will be a tremendous revenue surplus for the full year. He suggested that Mr. McAlpin be prepared for questions about this at the BCC/Tourist Development Council Workshop on January 16, 2007, Mr, Sorey agreed, but added that weather conditions are a wild card, 2, Project Status - Gary McAlpin Mr, McAlpin stated that nothing on TDC Calegory "A" Beach Mainlenance Projecls has changed since the last meeting. Mr, McAlpin also noted that the Committee has been provided with an update on the 183 Fund (Beach Park Facilities) for its information. VII, New Business 2 16 I 1 r\ ? !:.,. J all! /i;IoQ ~epr~()(Jl72007 Approvardt CAe fiilinutes V-1 3016 1. Grants Solicitation Mr. McAlpin stated that notification for acceptance of grant applications by the CAC is customarily sent out each January, The source offunds is from Category "A" Tourist Deyelopment Tax fund] 95. The following documents were provided to Committee members: . Executive Summary: FY 2007-2008 Acceptance of Category "A" Grant Applications . Collier County Government Notification that Grant Applications are being accepted . Grant Request Evaluation/Approval Guidelines · Grant Application form The cut-off date for grant applications is March 30, 2007, and grant applications will be presented to the Board in the April meeting, It was requested that Committee members inform their respective communities. 2, Collier Connty/City of Naples/City of Marco Island Parking Eligibility Parameters with FDEP Mr. McAlpin noted that this subject will be an agenda item at the BCC/Tourist Development Council Workshop on January 16,2007, Notice was received from FDEP that beach parking policy in Collier County and the City of Naples does not comply with FDEP policy, FDEP contributes to beach renourishment for critically eroded beaches based on criteria that include public access and open to the public on an equal basis. Collier County and City of Naples parking policy, which has not changed in the last twenty years, enables County residents to obtain beach parking stickers and to park in metered parking spots for no fee, while visitors have to pay the meters for parking. FDEP indicated that because this does not comply with their policy, the beach eligibility percentage here would be reduced, resulting in a $1.7 million reduction in reimbursement from the State, The FDEP has agreed that if Collier County and the City of Naples change their parking policy to allow visitors/tourists to purchase seasonal parking passes at the same rate as residents ($30), then the parking policy would be considered to be fair, uniform and equal. This would prevent the loss ofthe $1.7 million reimbursement from the State. This would also establish more eligible parking because existing parking spots for stickers only would be included in the FDEP formula, increasing the eligibility percentage and increasing the reimbursement amount by between $750,000 and $1.2 million, Mr, Sorey expressed concern that parking meters would be eliminated under the proposal. Mr, McAlpin responded that the revised parking policy proposal does not recommend eliminating any meters. 3 161 .~ ,~ 1 f, 2 Janl~ ~""rll)l()(Jl72007 Approvirdf C'A~ tvljnutes V-1 4of6 Chairman Pennington moved to approve ofthe proposed revised parking policy and to encourage Collier County and the City of Naples to adopt this methodology. Second by Mr, Camiener, Motion carried uuanimously 7-0, 3, BCC/TDC Joint Workshop Beaches Preseutation Mr, McAlpiu provided a summary of reports that he will make to the BCC/TDC Workshop on January ]6. The presentation includes 2006 Major Accomplishments and 2007 Beach Projects and Goals, Mr. McAlpin stated that the presentation will focus on the following 2007 Beach Projects and goals: . Marco South Beach Renourishment . Wiggins Pass Maintenance Dredging . Clam Pass Maintenance Dredging . Artificial Reef Project . Beach Dune Planting and Repair Project VIII, Old Busiuess 1. Marco South Beach Renourishment/Caxambus Pass Dredging Mr, McAlpin provided the following information: . There has been no significant progress on this project since before Christmas due to the contractor's holiday schedule, weather and equipment breakdown, . About 25 to 30 thousand cubic yards are left to pump to fill the beach, This project can be finished with under a week of good pumping. . Beach grading has started. . Sand quality is good. 2, Wiggins Pass Dredging Update Mr, McAlpin provided the following update: . When the contractor demobilizes ITom Marco South, he will mobilize at Wiggins Pass, . There are no issues of any consequence outstanding. . The Notice to Proceed on the interior channel has not been received, but is being processed, . A lease with the Florida Park Service required to renourish beach and stage equipment in their facility was approved by the BCC on January 9,2007. . Weather permitting; this project should be completed by April ],2007, 3, Clam Pass Beach Park Renourishmeut/Clam Pass Dredging Mr, McAlpin provided the following update: . A CCSL permit that Collier County required has been obtained. . By the third week of January, the contractor should be mobilized and pumping, Cutting should start by the first of February. 4 16 . ') J . ~ am ~C ~epnJ)l01Jl72ii07 Approv8l\if ~AC ~inutes V-1 5016 4, Artificial Reeflnformation Update Mr. McAlpin proyided the following update: . The contract for this project has been received back from the vendor, Center Contracting Corporation, and the Purchase Order will now be issued to the vendor for this work. . A Notice to Proceed for procurement wil1 also be issued to enable the vendor to get limestone boulders, the key to the project. The boulders will all be delivered at the same time to the vendor's staging area (which has not yet been determined), IX, Public Comments Joe Moreland, President oftbe Estuary Conservation Association (ECA), expressed appreciation to the Coastal Advisory Committee for its actiyities for the maintenance and safety of the Wiggins Pass Estuary and the Estuary system. He extended an invitation to the entire board to attend the ECA' s annual meeting on February 7, 2007 at St. John's Eyangelist Church, He indicated that this meeting will be of particular interest to the CAC because this will be the first time that the ECA will be giving a complete report on the Estuary Guardian Program, The goals of that Program are the enhanced and continued benefit of the estuary waters, safety for navigation, and preserving and enhancing of the flora and fauna, If the CAC members cannot attend, the ECA would welcome an invitation to a future CAC meeting to provide a briefing on their activities. Chairman Pennington expressed appreciation for the kind comments, and for the ECA's financial contribution towards dredging the Wiggins Pass Estuary, Mr, McAlpin indicated that he will "notice" the ECA's annual meeting so that members of the CAC can attend it. X, Announcements None XI, Committee Member Discussion Mr, Camiener proposed that next month's agenda under "New Business," include a proposal to discuss having a study done as to what the effect would be if the three ineffectual and small cui vert pipes that connect Venetian Bay at Seagate to Clam Bay were removed, and if that was opened up with a small bridge. He understands previous studies indicate that could affect the tidal flows to both Doctors Pass and Clam Pass, and could affect dredging schedules as well as improving the quality of water both at the Seagate end and the south end of Clam Bay, Chairman Pennington stated as Chairman of the Moorings Bay System, the Taxing District Advisory Committee, that group is on record as opposing any further opening. They are also on record in opposing any closure of those for 5 16[14 :2 Jan'/RIoC ~el>n.J)l0lJl72007 Approvardf CA~ Minutes V~1 6of6 unidirectional flow. This whole area is within City confines, not in the County, and it is outside the purview of the CAe. Following further discussion, it was agreed that this issue would not be added to the next month's agenda. Ms, Kulpa asked how the public was being notified of the dredging in Wiggins Pass and the associated movement of equipment. Mr, McAlpin responded that when a finn date for the movement of equipment is known, a notice will be put in the paper and work will be done with community groups to get the infonnation out. XII, Next Meeting Date/Location 1. February 8, 2007 - 1 :00 PM - Government Center, Administration Bldg, F, 3'd Floor There being no further business for the good of the Connty, the meeting was adjourned by order of the Chair at 2:10 PM. COLLIER COUNTY COASTAL ADVISORY COUNCIL Chairman Ron Pennington 6 R ,...., T-j) 1 6 I ') 'Janu'ary 11. 2~ Approval of CAC Minutes V-1 1018 December 14,2006 ;:"y,ICj >:.'.,u-t, -::'(i :'!,I_;,;:0ri,~:r:; MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Fiala v" , ' Halas ....,.oc::. ?-- Hennmg.- ' --'-- Naples, Florida, December 14,2006 Coyle _....,--- Coletta ..,..,----- LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION at Administrative Building F, 3rd Floor Collier County Government Center, Naples, Florida with the following members present: Chairman: Ron Pennington Gerald Camiener Murray Hendel - Excused Heidi Kulpa Ronald Minarcini Anthony Pires John Sorey III Paul Sullivan E. Glenn Tucker - Excused ALSO PRESENT: Gary McAlpin, Coastal Project Manager Colleen M. Greene, Assistant County Attorney Mise, Corres: Date: Item#: COPies to lE'lA ") Decemher.lMuamt1620~ Approval ofC'A~ ~i'nutes V-1 2018 I. Call to Order The meeting was called to order by Chairman Ron Pennington at 1 :00 PM, II, Roll Call Roll call was taken and a quorum was established, III. Changes and Approval of Agenda Mr, Minarcini moved to approve the agenda. Second by Mr. Pires, Motion carried nnanimously 6-0. IV. Public Comments None Mr, Sullivan arrived at I :02 PM, V, Approval of CAe Minutes 1. October 12, 2006 - Regular Meeting Minutes Chairman Pennington noted the following correction to the October 12,2006 minutes on page 7, paragraph 4: Mr. Hendel moved the Contract be awarded to Humiston and Moore Engineers should read Mr, Hendel moved to amend the Halderman Creek contract with Energy Resources to dredge Clam Pass, Mr, Pires moved to approve the minutes for October 12, 2006 as amended. Second by Chairman Pennington, Motion carried unanimously 7-0. 2, November 9, 2006 - Regular Meeting Minutes Mr, Sorey noted the following error on page 4, line 9: but only 15 feet gj vegetation can be removed by FDEP permit, Chairman Pennington stated this should read but only 15 feet trom vegetation can be removed by FDEP permit, Mr. McAlpin noted the following error on the bottom of page 5 under Wiggins Pass Update: Permit modification has been appliedfor and notice to proceed has been received should read has not been received. Mr. Sorey moved to approve the minutes for November 9, 2006 as amended, Second by Mr, Pires. Motion carried unanimously 7-0, VI. Staff Reports 1. Revenue Report - Gary McAlpin Mr, McAlpin made comments relatiye to reyenues and expenses (Attached) . Revenue collected for the first two months of the fiscal year is $45,220 above the amount budgeted. . Total reyenue for the full year continues to be projected as $13,600,000, . There are Required Set Asides of$2,500,000. 2 16/1/\ ? DecemherJ!l4Ua}'f)P7 ApprovBi ofC'A~ ~fnutes V-1 3 of 8 . Discretionary funds to be received from TDC funds are in the range of $2,000,000, . November reyenue came from Marco Island ($88,000), the City of Naples ($158,000), and the balance from Collier County, . A review ofTDC Category "A" Beach Maintenance Projects indicates fiscal year expenditures of $5,400,000 in total. Mr, McAlpin reyiewed projected current fiscal year revenues and expenditures: $10,418,000 Carryforward at start of year 2,000,000 Additional FDEP cleanup contributions 2.000.000 From Beach Fund #195 $14,600,000 Total revenue 6.000.000 Project expenditures $ 8,000,000 Balance Mr, McAlpin noted that there may be some additional expenditures. He suggested that near the end of the fiscal year, when actual revenues and costs are better known, the Committee should look at retiring the debt on the Parking Garage. The original amount of the debt was $5,000,000, Mr, Sorey asked that the total amount of the debt that would need to be paid at year-end be brought to the next Committee meeting, 2. Project Status - Gary McAlpin Mr, McAlpin reyiewed "TDC Category' A" Beach Maintenance Projects" in conjunction with the prior section, "Reyenue Report," as noted above, VII. New Business 1. Humiston & Moore CO No, 1 to WO 06-03 Marco South Mr, McAlpin requested approval on a change order to an existing Humiston & Moore work order for a not to exceed time and material price of $5,480, This is to provide additional survey lines on the beach which is necessary because DEP required six lines in addition to those in the original contract. The TDC recommended approval of this item on Noyember 27th, Mr. Sullivan moved to approve the Work Order modification. Second by Mr, Pires, Motion carried unanimously 7-0, 2, Humiston & Moore CO No, 2 to WO 06-03 Clam Pass Mr. McAlpin requested approval on a change order to an existing Humiston & Moore work order for a not to exceed time and material price of $1 0,505. This is for the completion of a customary pre-dredge survey by Humiston & Moore; originally it was expected that this work would be done by Energy Resources, Mr. Pires noted that the proposal of the subcontractor, Agnoli-Barber & Brundage, limits their liability to the County to $8,000, the amount to be paid 3 16/ lA ~ D cern e 002007 Xpprov~ of A~ ~utes V-1 4018 to them for their work. He suggested working with the County Attorney's office to remove that cap on liability, Coleen Greene, Assistant County Attorney, stated that her understanding is the contract is between Agnoli-Barber & Brundage and Humiston & Moore, but she will look at this more closely with Mr, McAlpin, Mr. Sorey moved to approve the Work Order modification. Second by Mr. Camiener, Motion carried unanimously 7-0, VIII. Old Business 1. Marco South Beach RenonrishmentlCaxambus Pass Dredging Mr. McAlpin proyided the following information as of December 13th: . 103,000 cubic yards haye been placed on South Marco Beach, or 58% of the 180,000 cubic yard project total. . 1,825 lineal feet of the beach has been re-nourished, or 43% of the 4,380 lineal foot total beach length, I, I 00 lineal feet of beach have been accepted. . Pumping did not take place for 24 days, 22 due to weather and 2 due to mechanical failures, . Opening up the beach for the last southern-most 800 feet is to be done by December 16th, . Work is being done with DEP on a permit modification to the beach grading, . It is expected that this project will be completed between the middle and the end of January, depending on the weather, . The quality of the sand looks good, 2, Wiggins Pass Dredging Update Mr, McAlpin proyided the following update: . The dredge from Caxambas Pass is being moyed to Wiggins Pass in the middle of January, allowing for more than enough time to dredge Wiggins Pass, . The Notice to Proceed on the interior channel has not been receiyed, . Core samples haye been sent to FDEP, . The template was changed to accommodate the Delnor Wiggins State Park where there were concerns that some of the areas to be dredged were encroaching on some fish habitat. A meeting took place with the State Snook Board which would like to see the channel dug deeper for Snook habitat, and that will be incorporated into the modeling program moving forward, . Dredging should start at the beginning of February, . A resolution for a lease required by the Delnor Wiggins State Park to renourish the beach and to stage equipment there will be brought to the first January Board of County Commissioners meeting, 3. Clam Pass Beach Park Renourishment/Clam Pass Dredging Mr, McAlpin provided the following update: 4 161 1 ~ ; 2 December.lMUanl{l62007 Approval ofCA~ ~rnutes V-1 50t8 . All ofthe permits for the Clam Pass dredging with the 80-foot wide cut haye been applied for and receiyed, . Notice to Proceed will be issued once the Quality Assurance/Quality Control plan has been reyiewed by FDEP. . A preconstruction meeting is scheduled with Energy Resources on December 18th, . The dredge will be mobilized in January, . A meeting is scheduled with the Pelican Bay Services Division Board and Seagate, The main topic is a sea grass issue, . One outstanding issue to be resolyed with the Pelican Bay Services Diyision Board is determining who will take the lead with the next ten year permit and what will be included in that permit. . Dredging should be finished by the beginning of sea turtle nesting season, which is May I't. Chairman Pennington noted that the interior is outside the scope of responsibilities of the Coastal Advisory Committee, Speaker Dr, David Buser made comments relative to the inlet. He has found DEP correspondence from 1997 regarding Clam Bay restoration which states that the dredge beach quality material must be placed on the adjacent down drift beaches pursuant to Florida statute 161,142, supporting the applicability of the statute to this particular inlet. He further stated that he is working with someone from FWC on the markings for those channels, The Clam Bay Restoration Management Plan states that the main channel will be marked with V,S. Coast Guard approyed nayigation markers, That Plan also says that a sign shall be strategically placed both at the entrance to Clam Pass and in the areas around the boat ramp located in the southern end of outer Clam Bay. The main channel, which may be part of the area to be dredged, will be marked in accordance with requirements imposed by the V.S, Coast Guard to assure that those who use the system clearly know where the channel is and the prohibitions against operating their watercraft outside of it. The DEP permit had additional language regarding this Committee that states that the idle speed no wake markers and the tilt motor up to prevent prop damage markers will be placed within the entrance to Clam Pass facing boaters entering the bay, That language is also in the Corp permit. Additionally, the DEP permit and the Corp permit state that to protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety, there shall be an idle speed no wake restriction on authorized vessels using the system as stipulated by County Ordinance 9616 which states that the entire waterway is an idle speed waterway, Accordingly, this is not a Seagate issue per se, It does affect Seagate, and public safety of boaters which is a Seagate issue. 5 1611l ~lj ,-1*, Dceme u' 2007 Xpprov~ of~~ inules V.l 6018 Chairman Pennington stated that Mr, McAlpin will assure that all requirements of the Permits are carried out. Mr, Pires asked if the terms and conditions of the referenced DEP permits and Corp permits in the Pelican Bay Restoration Program were incorporated into the existing permits that the County has received to dredge Clam Pass, Mr, McAlpin responded that the existing permit to dredge Clam Pass is a maintenance permit for flushing, and the DEP and Corp permits were incorporated into it. Since this matter has been brought to the County's attention, proactiye work is being done with Seagate and the Pelican Bay Services Diyision to identifY the issues, address them, and resolye them, whether they are Permit violations or not. Any issues that need to be addressed are being addressed. 4. Artificial Reef Information Update Mr, McAlpin proyided the following update: . At its December 12th meeting, the Board of County Commissioners approved awarding the contract to Center Construction. . A Notice to Proceed for procurement of the limestone boulders will be issued by January I st, followed by a Notice to Proceed for construction once the required documentation is received and a pre-construction conference has taken place, . The target to construct the artificial reef is between March and June, . A pre-construction meeting will be planned with the Corp as quickly as the documentation can be pulled together from the contractor, IX, Public Comments John Domenie of Pelican Bay stated he agreed that certain comments made about Pelican Bay do not directly concern this Committee, There is a marker at the entrance of the Pass which states that the motor has to be tilted up, that boaters are subject to fine, and it includes idle speed. X, Announcements I. County Staff Reorganization Discussion Mr. McAlpin discussed a reorganization that County Manager Jim Mudd has recommended that the Board of County Commissioners approve, The reorganization establishes a Coastal Zone Management Section within the Public Services Division, Under the reorganization, the following will report to Coastal Zone Management: . 3 Beach Re-nourishment positions currently in the Tourism Department (including Mr, McAlpin) . Beach raking . Waterways Marking/Artificial Reef/Derelict Vessel functions currently in Environmental Services 6 16/1 '": " DecemherJMu~2007 Approval of CA~ ~utes V.1 70lB Mr, McAlpin noted the new structure will enable Coastal Zone Management to deal with comments addressed by the CAC about channel markings, waterways and maintenance of the coastal systems, This group will not have responsibility for the sea turtle program. Chairman Pennington added that going back to October 2004 there has been a concern that no one in the County had overall responsibility for the Coastal area, He discussed some ofthe history of the CAC's efforts to correct this situation, and expressed pleasure with the reorganization. He also noted that some of the responsibilities of the new Coastal Zone Management Section are beyond the area of responsibility of the CAC, and asked if County Management felt that the scope of responsibilities of the CAC should be comparable to those being assigned to the Coastal Zone Management Section. He asked Mr, McAlpin to confer with the County Manager in that regard and, if CAC responsibilities are to be changed, he stated that the Ordinance that established the CAC should be amended to formal ize that. Mr, McAlpin will bring the results of that discussion back to the next Coastal Adyisory Committee meeting, XI. Committee Member Discussion Mr, Camiener commented that six months after Hurricane Wilma there were a lot of complaints about marine markers not being replaced and, with new sand bars, markers not being replaced properly, He asked if all marine markers are now back where they should be, Chairman Pennington stated that all markers have been replaced in Doctors Pass, Mr, McAlpin added that markers in other areas haye been addressed by Doug Suiter. He asked Cap!. John Findley to talk about Wiggins Pass, Capt, John Findley, Estuary Conservation Association, stated that all markers were replaced in Wiggins Pass, He added he has spoken with Doug Suiter who stated Wiggins Pass is now so shallow going across that there are no safe places to place markers. With the dredging project there should be temporary markers until completion of the project. At a recent Fish & Wildlife meeting in Noyember, all County facilities throughout Florida were encouraged to use gated markers (marking both sides) throughout inlets, Wiggins Pass needs more markers and more gates, especially inside the Pass, Ms, Kulpa and Chairman Pennington would like to be notified of any meetings concerning Wiggins Pass dredging as they would like to attend, Mr, McAlpin stated that there will be weekly meetings and the entire community will be notified. XII, Next Meeting Date/Location 1. January 11,2007 -1:00 PM - Government Center, Administration 7 161 l~Jr 2 DecemherJMU"ffi{162oo7 Approval ofCA~ ~fnutes V-1 80f8 Bldg. F, 3,d Floor There being no further business for the good of the County, the meeting was adjourned hy order of the Chair at 2:21 PM, COLLIER COUNTY COASTAL ADVISORY COUNCIL Chairman Ron Pennington 8 16/1 ~. ~< -I) Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 ;;j:' ,;;:; '::; , ,~" r ;~{~ AGENDA ,L~' _~ fialaP "-~T--~_ \ Z"- Ha as .... Henning -I----~~=== , ~oy\e ,...-' ,- Coletta ..------.- March 20, 2007 I. Call Meeting to Order II, Attendance III. Approval of Agenda IV. Approval of Minutes: January 16, 2007, and February 20,2007 V. Transportation Services Report A. Budget Report- Lisa Hendrickson B, Project Manager Report - Darryl Richard VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn VII. Landscape Architects Report- Michael McGee A, Monthly Report B, Radio Road Project Phase- I VIII, Old Business A, Greenway Path Public Meeting and Plans IX. New Business X. Committee Member Comments Mise C-rres cu~e_1iL '-\ \ O~ Ilem#J_\cI. \63- XI. Public Comments XII. Adjournment Copies to The next meeting is scheduled for April 17, 20074:30 p.m, 2885 Horseshoe Driye South Naples, FL 34104 1 16/ 1 ,4 3 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 February 20, 2007 SUMMARY The agenda was approved and a quorum established, IV, Approval of Minutes: January 16, 2007 Dale Lewis moved to rescind the motion from the January 16, 2007 minutes "Dale Lewis moved to have a letter sent to Bill Jaeger that he is no longer on the Committee due to his attendance" which carried unanimously, Second by Helen Carella. Motion carries unanimously 4-0. Dale Lewis moved to have anyone that will not make the meetings call Michelle L. S, Guerrero for a reason to be excused; anyone that does not comply to it two times consecutively, that person can be removed from the Board by the Chairman, Second by Helen Carella. Dale Lewis amended his motion to add, in accordance with the Ordinance. Helen Carella amended the second. Motion carries unanimously 4-0. Tessie Sillery announced that Dave Clemens has officially been appointed as a Committee Member. VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I Dale Lewis moved that Advanced Lawn come back with a cost estimate to allow sprinkling of flowers on Applebee and Bellville without staining the signs. Second by Betty Schudel, Motion carries unanimously 5-0. Dale Lewis moved to proceed with Concept A: C1, C2, C3 (as demonstrated by Michael McGee). Second by Helen Carella, Motion carries unanimously 5-0, 16/1A3 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 February 20, 2007 MINUTES I, The meeting was called to order by Chairman Dale Lewis at 4:36 p.m, II. Attendance Members: Helen Carella, Dave Clemens, Bill Jaeger, Dale Lewis, Betty Schudel County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Lisa Hendrickson, Management Budget Analyst others: Dan Mote, Frank Kip and Mike Luneke- Advanced Lawn, Michael McGee- McGee & Associates, Michelle L. S, Guerrero- Mancan, It was noted that the new Committee Member had not yet been approved. III, Approval of Agenda Chairman Dale Lewis approved the agenda. IV, Approval of Minutes: January 16, 2007 Change: Page #1 "II. Attendance" the motion should have read, "that he is no longer." Page #3 "VII. Landscape Architects Report, A, Monthly Report" should have read "Blue Skies", Dale Lewis announced that if a Committee Member cannot make it to the meeting then they need to contact Michelle L. S, Guerrero or the absence will be unexcused, It is also important to contact her to verify a quorum so that she can contact the Committee Members not to come if there will be no quorum, Dale Lewis moved to rescind the motion from the January 16, 2007 minutes "Dale Lewis moved to have a letter sent to Bill Jaeger that he is no longer on the Committee due to his attendance" which carried unanimously. Second by Helen Carella, Motion carries unanimously 4-0. Dale Lewis moved to have anyone that will not make the meetings call Michelle L. S. Guerrero for a reason to be excused; anyone that 1 16 I 1 A ,3- does not comply to it two times consecutively, that person can be removed from the Board by the Chairman, Second by Helen Carella, Dale Lewis amended his motion to add, in accordance with the Ordinance, Helen Carella amended the second, Motion carries unanimously 4-0, Tessie Sillery announced that Dave Clemens has officially been appointed as a Committee Member. V. Transportation Services Report A, Budget Report- Lisa Hendrickson Tessie Sillery distributed and reviewed the budget report (see attachment), B. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment), He noted that Tessie Sillery is now the point of contact for on-going maintenance contracts. Dan Mote noted that a main water line broke under the road that needed repair. Darryl Richard reported that any road project that involves ingress or egress from a Community has to go out for public review and comment. The Radio Road Project Phase I will affect Glen Eagle and Manner Blvd, As soon as the plans are approved by TECM the project can go out for public review; after public approval it will go out for bid if the project exceeds a cost of $200,000,00. The project is still set to start in April. Michael McGee mentioned the only potential problem that may cause a delay is an air relief valve. Darryl Richard reported that an irrigation line needs to be capped for the construction that will be occurring simultaneously on Santa Barbara, He will email the Committee and report at the next meeting on the construction time line for the Santa Barbara projects and the West side of Radio Road, VI. Landscape Maintenance Report A, Monthly Report- Advanced Lawn Mike Luneke reported: Pest control on Radio Road and Devonshire is complete. Fertilization was done, 2 Dead tree removal was done. An irrigation brake was repaired, Bougainvillea my need to be replaced by Crown-of-thorns because of the rodent problem that should be resolved at this point. 16/ 1)1-' 3. VII, Landscape Architects Report- Michael McGee A. Monthly Report B, Radio Road Project Phase I Michael McGee reported that the curbing plans are basically done. The reuse conversion has been incorporated into the plans; though he does not have a cost estimate as of yet. He demonstrated Phase I Concept A and reviewed the proceedings including the preparation for accommodating reuse water. Darryl Richard added that the Reuse Water Department has not yet given authorization to utilize reclaimed water. Discussion ensued on the project procedures. Betty Schudel requested to know when the reuse water will be up and running because of the staining that is occurring from the water on the Berkshire sign, Michael McGee suggested getting a cost estimate on a specific type of irrigation to solve the sign-staining problem, Dale Lewis moved that Advanced Lawn come back with a cost estimate to allow sprinkling of flowers on Applebee and Bellville without staining the signs. Second by Betty Schudel. Motion carries unanimously 5-0, Dale Lewis moved to proceed with Concept A: C1, C2, C3 (as demonstrated by Michael McGee), Second by Helen Carella. Motion carries unanimously 5-0, VIII. Old Business A. Greenway Path Public Meeting and Plans No report was received from Trinity Caudill-Scott. IX. New Business None X, Committee Member Comments 3 None 16 J 1 A 3 XI. Public Comments None There being no further business to come before the Committee, the meeting was adjourned at 5:40 p.m, The next meeting is scheduled for March 20, 2007 4:30 p,m, 2885 Horseshoe Drive South Naples, FL 34104 4 16/ ~~ ~ . ,~ H 3 February 20,2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Radio Road MSTU Proiect Status ( R - 14) - ACTIVE & ONGOING-Landscape Maintenance Contract (POC: Tessie Sillery) Contract #05-3686 Part II Radio Road MSTU/MSTD Roadway Grounds Maintenance. MSTU FUND: 158 (old 150)-162545-634999-600811 THIS PO IS FOR MSTU FUND (150) ONLY/Notice To Proceed (P. O. #4500048335) MSTD FUND: 112-163652-634999-620141 THIS PO IS FOR MSTD FUND ONLY Notice To Proceed (P. O. #4500048336) 2-20-07: Confirmation of repair ofIrrigation Mainline on Devonshire Fund 158 (MSTU) ( R - 13) - ACTIVE & ONGOING (POC: Tessie Sillery) - Annual Services Contract: McGee & Associates 9-19-06: Radio Road MSTU Committee Approved proposal from McGee in the amount of: $11,445,00 for annual consulting services. 11-3-06: NTP was given to McGee & Associates with a Project Completion Date - September 30,2007. (R-12) - ACTlVE- CURBING, LANDSCAPE, AND IRRIGATION PROJECT (POC: Darryl Richard)- Complete-Radio Road Landscape Project (Curbing, Irrigation, and Plantings) - Work Order for Design to be initiated in FY-06 (October 1,2005): Construction Cost: $810,000.00: Design Cost: $64,300.00 McGee & Associates 12-15-05-McGee sent notice to go 'on hold' for Project. 3-06-06 - McGee to revise scope of project as per Don Scott. 3-20-06 - McGee sent 'Go Ahead' on Work Order. 4-4-06-McGee submits request to modify work order in amount of $6,696.00 (submit for Committee Approval) 5-1-06; Radio Road Curbing Plan 30% Submittal Review is pending, May 2, 2006 meeting to address Access Management issues. 5-15-06; Access mgmt. Meeting on 5-3-06: as per Diane Flagg project will be phased into Phases I and Phase II. Dale Bathon confirming with funding from transportation and Don Scott confirming with Transportation Administration. 5-30-06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase I. - Pending Phase I - From (Devonshire - West to western most boundry of Berkshire Lakes Subdivision) Phase II - From ( Western most boundary of Bershire to Livingston) Phase III - From (Livingston to Airport) 6-12-06: McGee & Associates preparing proposal for phase I, and waiting on final billing on old work order. 6-27-06: Need McGee proposal for phase I. 7-12-06: Need McGee proposal for phase I. 8-4-06: MSTU approved McGee Proposal for Phase I 8-22-06: Work Order for McGee Phase I is in process of SAP upload. PO number is pending. NTP is anticipated by August 24, 2006. 8-25-06: Diane Flagg request verification that the Total Amount spent will not exceed the original Work Order Amount of $64,300,00 (versus new proposal for: $17,330.00) 9-11-06: McGee & Associates sends correspondence in response to Staff request for confirmation of anticipated cost for consulting lor Phase I, II, and III combined. Copy provided for September 19, 2006 Radio Road MSTU regular meeting. 16/ 1 A 3 9-11-06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO-MA-3614-06-16; P. O. #4500066290; Total net project is $17,330.02; Work Order time-line of 140 days with Project Start Date is September II, 2006 and Project End Date is January 29,2007. 9-19-06: TECM Engineer Dale Bathon submits proposal for advancement of a portion of Phase II Project into the Phase I project scope from Livingston Rd. to Kings Way, The Radio Road MSTU Committee votes to not include this section in Phase I Project. Phase One project schedule: Design Complete January 29, 2007; Bidding Phase February 2007; BCC Approval of Award March 13,2007; NTP April 30, 2007: Construction 120 time-line with Completion by August 30, 2007 11-21-06: McGee 100% submittal for Curbing Phase I has been rejected by TECM Engineers - TECM recommends Sub-Consultant Engineer for Curbing Plans. TECM requires Signed & Sealed Plans by State Licensed Engineer prior to approval. 1-16-07 Proposal from McGee for Sub Consultant - to be reviewed by Committee 1-17-07 Committee approved McGee for Sub Consultant - $ 2,510.00 1-29-07: Called and left message for Consultant to revise spreadsheet on costs. 2-13-07: McGee revised spreadsheet included in proposed Change Order # I. 2-20-07: Change Order #1 is being reviewed by Staff for approval. Inclusion of Engineer Sub-consultant is only item in Change Order. (R - 19) - COMPLETE- Painting of Radio Road Median Tips with Numbers - The median tips (bull- nose) are to be painted yellow in accordance with FDOT standards with median numbers. 10-17-06: Committee approves not to exceed $2,500.00 for project. Directs staff to utilize annual contractor. Trutwin annual is active for painting within ROW. 10-23-06: Direction to utilize 'in house' Road & Bridge Department funds and resources for project. Given that the medians are 'County Property'. 11-20-06: Jolm Vliet, Road & Bridge rejected plans to paint curb #'s on Radio Road, 11-20-06: Staff requested quote for Trutwin to paint curb #'s on Devonshire. 1-3-07: PO & NTP to Trutwin 1-29-07: Project Complete (R-II) COMPLETE - SDP PLAN REQUEST; SDP 3425 Radio Road - Plan review by Committee for Landscape Plans submitted for development. 11-21-06: This SDP Plan does not affect MSTUIMSTD plantings or inigations. (R - 15) - COMPLETE - Pavers for Foxfire Medians 9-19-06: Radio Road MSTU votes to install pavers at the median tips (bull-nose) for the West Median and East Median at Foxfire. 9-19-06: Staff request Quote from Bonness for the paver installation. 10-10-06: Staff receives quote from Bonness in the amount of$9,257.70, Request to Purchase submitted, 11-6-06: Begin Construction of project by Banness, Inc. pavers to match existing specification. 11-10-06: Project Completed (R - 18) - COMPLETE - Radio Road Median Irrigation Conversion - Allamanda and Plumago Planting Beds to be converted from dripline system to irrigation spray heads on risers. 10-17-06: Committee approves of conversion based on 112 funding no motion necessary. Mike McGee advises Committee and Staff that conversion is necessary to ensure plant health. 10-30-06: Median irrigation conversion is progressing, irrigation mainline break is repaired during project. 11-6-06: Project Complete: Inspection for Punch-List to follow Nov. 6 to 9 for proper operation, (R-IO) COMPLETE - SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans submitted for development. 9-25-06: Plans reviewed with ROW, Contractor has removed shrubs on County ROWand will be required to replace shrubs and damaged irrigation system. 10-17-06: Copy of Plans provided for Committee review. Landscaping found to be satisfactory. ( R - 17) - COMPLETE - Committee Chairman request for information regarding 'loan' to MSTU 2 J 611 A 3 9-19-06: Radio Road MSTU Committee Chairman request staff provide a report on options available to the MSTU in so far as a 'loan' or advancement of funds. (I) What is the maximum amount? (2) Is there any interest? (3) What is the amount of time allowed for repayment? 10-17-06: Staff provides answer as per discussion with Budget: (I) Maximum amount is determined by 'Project Need' which would be after all cost considerations are identified. Review and approval by County Manager's Office/ County Attorney's Office Required; (2) Interest on loan would be negotiated through County Manager's Office and County Attorney; (3) Amount of time for repayment would be negotiated through County Manager's Office and County Attorney; Note: The advancement of funds requires Board of County Commissioner's approvaL (R - 14) - COMPLETE -Request from TECM Engineer Dale Bathon - Phase II Project item 9-19-06: Dale Bathon submits plans for a section of Phase II project (Livingston Rd. to Kings Way) for inclusion into Phase I project. 9-19-06: Radio Road MSTU Committee votes not to include Phase II item into Phase I project. (R-9) CANCELLED -Well Water Mitigation (Chemical Treatment of Well Water)- Cancelled- September 12, 2005: 8/16/05 committee cancelled project, Cost was determined to be excessive for annual maintenance of filtration system. (R - 8) - COMPLETE -Milage Rate (.25 vs .50) - Dale Lewis requested for the history at the Budget (Carry Forward vs Audit - follow up meeting) with all the MSTU Chairman - 7-17-06 8-22-06: Sharon Newman's report is pending. 8-25-06: Norman Feder, Transportation Administrator accepts responsibility for the adjustment of the Millage Rate from .50 to .25 (during FY-04 to FY-05). The Radio Road MSTU Committee may vote to increase Millage back to .50 for the FY-08 Budget Request. Currently the Radio Road Project Funds are sufficient for current project demands. (R -7) - COMPLE1T - Devonshire Maintenance (Fund 150)-Advanced Lawn Estimate 06-191: On August 4, 2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced Lawn estimate for Devonshire Maintenance (Fund 150). Scope of project is stump grinding, Viburnum replacement and incidental irrigation repairs (included in quote. as per Frank Kip, owner) 8-24-06; Advanced Lawn Crews begin stump Grinding 8-25-06; Mike Luneke, Advanced Lawn confirms that stump grinding is at 100% completion, Staff to inspect. Advanced Lawn will finish planting of Viburnum by 8-26-06, 8-31-06: Project is complete (R- 6) - COMPLETE - Radio Road Maintenance (Fund 112) -Advanced Lawn Estimate 06-184, 06-185, and 06-186; On August 4, 2006, Committee reviewed items included in Advanced Lawn estimate for Radio Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation of mulch material, and installation of irrigation components. 8-25-06; Mike Luneke, Advanced Lawn confirms that project is at 100% completion. Staff to inspect. (R-5) COMPLETE - PROJECT TRANSFERRED TO CAT FUNDING-CAT Bus Shelter (R-4) -COMPLETE- Sod Refurbishment at median I Radio Road at Santa Barbara -COMPLETE- Advanced Lawn. (R-3) -COMPLETE-Pump Repair -Radio Road- COMPLETE; Repair By County (R-2) -COMPLETE-Annual Maintenance Contract Bidding- July 28,2005: NTP Contract 05-3686 Part II, issued to Advanced Lawn Maintenance - Completed (R-I) COMPLETE -ARBORIST SERVICES CONTRACT; Committee requested McGee to provide quote for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04-3614, Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per Committee Direction. 3 16 I 1 'ft'3 4-17-06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit for Committee Action) 5-1-06; Documentation for Request to Purchase submitted. PO is pending. 5-15-06: Project complete with Field Inspection pending 5-30-06 Inspection complete - contractor to perform additional final pruning late fall. 6-27-06: Final pruning in fall to be done 4 .., o n ~ o m ~ '" lD I-' '" It.> -.J-.l '" It.> 00 W.!"' >--';.W ~ ~ ,.. 00 0 ~ ~ ... 0 0 OOOOQOOOO o <:I 000 0 000 000000000 o 0 0 000 000 g ~ ~ " W ~ 6 o ~ W . :g g~~ 00000 ~g~g?g~ ~ m w6::;~ gggggggggoggggg g g g g g g g g g g g g g g " " " ~ ~ ~ W tV If>. 1-'\0 '!'~ m", -.J 0 -J '" W 00 ? 000 ~~ ~~~;';; 6t;:~ 00 000 gggggggggg~~ggg~~~ggg~gggggggg " . 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" ~i " . ~ > o . ~ ;: f! o q " . . n n S " ~ 0 " g , ~ g " ~ " . o ~ W ~ W o o , ~ w w m . ~ Collier County Citizens Corps Advisory Committee January 17, 2007 16/1 ;1 'I 4. ~,....., o " , Voting Members Absent: (Excused Absence) Doug Porter, Naples Civil Air Patrol Deborah Horvath, American Red Cross Walt Jaskiewicz, Coast Guard Auxiliary Reg Buxton, Greater Naples Chamber of Commerce Russell Rainey, Community Emergency Response Team James Elson, Collier County Veterans Council Maria Ramos, Salvation Army Gerry Sugarman, RSVP Jerry Sanford, Collier County Fire Chiefs Assoc Fiala Ji. -~--T-- Halas __~_____- Hennlng_ y"'- ,-- Coyle ______________ Coletta Voting Members Present: Voting Members Absent: (Non-Excused Absence) Non-Voting Member: Dan McDonald, Sheriff's Office Maria Bernaldo, Department of Health Meeting called to order at 3:00 p,m, Pledge of Allegiance recited and roll call taken, Approval of Minutes Jim yon Rinteln communicated a correction to the minutes of the Noyember 15, 2006 meeting. In error the minutes did read: "by a vote of 1 to :L Reg Buxton was elected Chair"; and should have read "by a yote of 1 to 1 (8 total Voting Members), Reg Buxton was elected Chair." Motion to accept the Noyember 15, 2006 minutes and the above correction to the meeting minutes was made by Mr. Russ Rainey and seconded by Mr. Gerald Sugarman. Approved unanimously. Threat Update Per Dan McDonnald, Sheriff's Office, the current threat level is "Yellow" elevated, The Special Operations Group wanted to be sure to pass on the information that a contingency plan is being developed to address the potential mass migration following what's being reported to occur at the pending death of Fidel Castro, It is going to be structured under the ICS response plan and is going to integrate state/federal/local agencies. TSA is looking into finding alternative "Search" op,ttqnsand want to revamplreyitalize what they currently have in place. They are looking at orMl~s'1tklno~ ha. ving to remove your shoes and stuff like that. Date: L\). "\ 0'7\__ Item # Ill; 1- \ A ~ CGPI~S to 16/1 2 fA, 4 Collier County Citizens Corps Adyisory Committee January 17, 2007 New Business New Members Jim von Rinteln reported that we have several reappointed members: CERT: Russ Rainey American Red Cross: Debbie Horvath Salvation Army: Captain Castillo Naples City Air Patrol: Doug Porter Collier County Veterans Council: Jim Elson The permanent member of the Sheriff's Department is still outstanding. Russ Rainey added that Debbie Horvath's responsibility and title has been changed to American Red Cross CEO. (Applause.) Honoring the Community Award - Veterans Council Jim von Rinteln reported that last eyening (Noyember 16), the Veterans Council was nominated and selected as the 2006 "Honoring the Community Volunteer Organization" for the work they have done in the community. A cocktail reception was held at the Old Marco Inn & Suites. Jim Elson accepted for the Veterans and key people from their group were in attendance. It went very well. To highlight some of the things they have done. Jim Elson sits on the Advisory Committee representing The Veterans Council which is an umbrella that represents 15 veteran organizations in Collier County and 40,000 Yeterans. They do a lot of yolunteer grass roots efforts and helped us out in emergencies with everything from managing hurricane shelters and proyiding manual labor, to going out and checking on some of the special needs folks. They are a very much behind-the-scene asset to the community. I think it is yery appropriate that they were recognized and it was good to see everyone last night. Reg was there, and his capacity as a member of the selection board, recognized them as well. Hats off to the Veterans Council. (Applause.) What came up last night at the meeting is that the Veterans Committee is in very much need of a Yan. Sometimes the volunteer driyers need to drive some of the veterans to their medical appointments in the community, They sometimes need to driye as far away as Tampa or wherever the need may be. The volunteers get up at 4 and 5 o'clock in the morning and can spend all day on the road. They are in very much need of a van to assist them. In the past, entities, such as Ford, donated vehicles. At this point we are on borrowed time with the yehicles we haye. Jim Elson commented that Ford Motor had proYided a new brand new test yehiclethat was on loan, With a change in profit structure, Ford decided to withdraw their offer. We are now operating with two vehicles, both with oyer 150,000 miles. One thing that might happen to Peter Kraley's office (Director, Veterans Services) is that the County may supply a vehicle, Last year there were over 80,000 miles driyen 'if #' {~. "",., ,[ l' n'. ~ '. Collier County Citizens Corps Advisory Committee J an uary 17, 2007 by yolunteer driyers to take yeterans to appointments because there is no V A hospital in this County; it is either Ft. Meyers, Tampa, or Ft. Lauderdale. Jim yon Rinteln said he doesn't know what the solution might be, but sometimes we come across solutions in our daily travel, or some generous person might be interested (to make a donation). Elson added that the vehicle doesn't need to be new, and it could be a Ford Windstar, or a minivan, or medium size van; it would be adopted under the county management vehicle, von Rinteln said the County would take it under their wing for not only maintenance but also for liability. von Rinteln added (that it is possible) the Sheriff may confiscate a vehicle. Elson said they are open to anything that comes around. 2007 Seminars - Jim yon Rinteln Emergency Management (EM) is seeking the Council's input and is looking forward to their participation on the Collier County emergency preparedness outreach program, be it seminars, events, or any opportunities where there would be a captive audience that EM could partner on with them, What EM is thinking of doing in the department is maybe cutting down on the number of seminars that they do at the high schools and so forth, and filming and running a seminar more aggressively on the teleyision stations, They currently tend to run a couple hundred small-type meeting seminars which is a big challenge for their office to meet. They are looking for how to reach the most people and most effectively communicate the Emergency Preparedness Program. For example, if the Corp were having any eventslopportunities that we could partner with you on, please let us know. Last year it was yery effective when some of the Citizen Corp folks passed out things and provided expertise at the back of the auditorium. We will be doing, at a minimum, the Spanish language seminars at Immokalee, and at least two, general population, big seminars down this way, probably in a couple of high schools. They haye found that the small seminars, with small attendance, say,S people in a large auditorium, are not effective to get the preparedness info out. We think we discovered that the people truly want the information, but in the evenings, people are busy doing other things and it doesn't become a high priority. We think putting it on television, and running it on a schedule that people can count on, might be more effectiye. We do not want to entirely do away with the in-person seminars, but we want to make them as effectiye as possible and get to the largest crowds that we can. Input receiyed from Dan McAllister which we may want to consider: They have a network in the crime prevention section that affords them the opportunity to send out information in bulk by fax, e-mail and yoicemail.Theycouldputthevideoontheserverandsendouttheinfoinanyora1l30fthoseformats.It is set up by district, types of business, homeowner groups, and neighborhood watch. If put on server, it could be sent out on link and people could watch at their leisure, instead of coming into an environment at a set placeltime, Jim commented that this may be the ticket in conjunction with other things. Jim encouraged the group to keep thinking about this and keep in mind if their organizations are haying an event that may be effectiye, Our goal is to be more effective and not have ineffective seminars where a lot of our efforts are there but not a lot of citizens, 4 16/1 !J I,. 4 Collier County Citizens Corps Advisory Committee January 17,2007 Shelter Managers - Jim von Rinteln In conjunction with the upcoming hurricane season, and in conjunction with the Red Cross, we have been working on a new written protocollstandardization for leaders for hurricane shelters. Prank Chellino volunteered to be the Red Cross point of contact. We met the other day for a couple of hours and had a yery good meeting. We will be trying to get 10-15 dedicated people to commitlvolunteer/lead as shelter managers. We will approach the training on a shelter-by-shelter basis. We will start with one person who will be in charge of a specific shelter, train him/her and introduce himlher to the principle. The one person will be in charge of a specific shelter on a 24/7 basis during an emergency, from the time the shelter opens until it closes. The indiyidual will be trained by Red Cross/EOC, and we would teach them all the in's and out's in being in charge of the shelter. They will be proyided with the resources from Red Cross and by other shelter managers who will assist the leader. The leader will be the "go to" person for all organizations, not only the Red Cross; we would rely on them also. We would like to have them on board for a year as it is big commitment. This has sort of been our model. People know ahead of time of what is expected. Por example, say they are going to, Gulf Coast High School; they have already met with the principal, and the principal knows the person. They are a known entity and someone we know, the Red Cross knows, the school knows, the Sheriff knows, and that person is the king of that shelter. This has been used successfully in other counties and other states. We want to try to put some standardization and better control over the shelters. We will be approaching the Marine Corp league, and Military Ops associations and other people who have done this in the past. It has been our model and has worked pretty well in the past when you get someone that has been empowered and know ahead of time what to expect. If you know of anyone who may be a good candidate, please contact Jim. Hopefully this will help for things to go smoother in an emergency. Wilma went well, but if we have a situation where the shelters are opened for a prolonged period, it will be harder and we would need a more cohesive plan, Rick Zyyoloski reported disaster class calendar has been set up for January thru May. Some of the training is on line and you can do it yourself. You can come to office or you can do some training on line, Old Business Waterway Watch - Walt Jaskiewicz Walt had DVD copies of the Waterway Watch which he passed out. The County took the existing program and added a few goodies to it. It is being shown regularly on Collier TV 11/16 and lasts 13 minutes. The program is very worthwhile especially with what is happening with Mr, Castro in Cuba, If someone has a desire to show it at a homeowners association or needs copies, they can contact Jim von Rinteln. The DVD basically gives a success story of homeland security as it relates to boating and what you can do as a boater. There is another program, Operation Vigilant Sentry, that is from the Dept of Homeland Security. Walt will be attending a meeting with the Coast Guard next week and will be learning more about it. People are getting on guard in watching what is happening regarding Castro, and/or illegals coming into the country. I.;. ~ r .}~, L i db lA~ II 4. Collier County Citizens Corps Advisory Committee J an uary 17, 2007 EOC Update - Jim von Rinteln Jim reported that he droye by the site prior to today's meeting and they are still not knocking down any trees, but he is told "any day now", The permits are in place; it is a matter of the subcontractor getting mobilized, Jim is trayeling to Tallahassee on Wednesday of next week (January 24) to make sure the grant money stays appropriated to us. The next milestone is when they actually bring the final contract before the Board of County Commissioners, we think sometime in April, for the final approyal of the construction. Jim will be sure to let the Citizen Corp. know when the board meeting date is, in case we need support from the Corp. Eyerything appears to be in line to get started any day now, When that happens, then we can start the clock. We are anticipating about 24 months before we actually get moyed in and are operational. This is all good news. Jim wishes we were out knocking trees down right now, but he is told it will start any day now. Added Agenda Items Weather - Rick Zyyoloski El Nino Concerns - In 1998 when we had a strong El Nino, it demonstrated a whole lot of rain and tornadoes in SW Fl. The update from the NOAA folks is that we will have an El Nino, but not forecast to be as strong as the 1998 one. The forecast only goes up 3 months at a time, so this will giye us enough time to get us to the summer as it typically doesn't strengthen in the summertime, so we can buy ourselves some time. Spotter Training has been set up. It is open to the community and it is free. It will be held in the Emergency Operations Center on Friday, March 2, and will be repeated on Saturday March 3, Basic class 10AM-noon Advanced class - 1-3 PM. (morning each day) (afternoon each day) * *Tornado chasing You can attend all in one day or you can mixlmatch your attendance. For example, you can take the basic class on Friday morning, and you can take the adyanced class on Saturday afternoon, The advanced class is neat as it is tornado chasing and you get to see neat phenomena, The NOAA meteorologist is Robert Molleda. He will be coming over here to give the class: he also gave it last year. He will incorporate some new enhanced Fujita scale - this is a more precise way to measure wind damage. Hurricanes are counted from 1-5 on anemometer scale. Hurricane winds head your way in adyance of storm. Tornadoes are counted from 0-5 on the Fujita scale, and the winds come after the tornado has done its damage. If you want to attend, contact Emergency Management thru their general email: emergman@colliergov.net 1611 A if The classes are free, but we want to know how many will be attending so we have sufficient chairs to accommodate the people in the class. Usually the course is for people 18 years or older, but we will let a Collier County Citizens Corps Advisory Committee January 17,2007 young person attend if they are interested and enthused with weather, like a 13 or 14 year old Boy Scout or Girl Scout working on a badge. Local Mitigation Strategy - Rick Zyvoloski Rick Zyvoloski was re-elected as Chairperson Reg Buxton - was re-elected as Vice-Chairperson They only change the documents for the year. Annex I - shows current membership; all the people invited to participate. This is open to the public. It highlights the people that regularly show and wanted to be voting members. We needed to demonstrate to the Feds that we gave people an opportunity to participate and that it was their choice. It is a dynamic group of die-hards that meet monthly; they meet the 3rd Fri of every month 9 am in the EOC, and people are welcome to drop by. Annex G - Current Project Priority List - there are goals, e.g., how do we want Collier County to be safe, reducing vulnerability to the public, protecting home from wildfires, etc., and then we try to support projects that people bring forward to meet some of those goals. We then list the project if it supports our goals, and this gives the group some added points/credits if they are looking for grants. Emergency Management Presence in lmmokalee - Joe Frazier We want to brief the committee on an initiative for which we have had a passive role, but now we are increasing with support from Dan Summers and Jim Coletta. We are increasing our Emergency Management presence in Immokalee. Frazier has been representing the department in Immokalee. From landfill to recovery we want to set up a mini EOC for communication and coordination effort. Our plan is to set it up in the One-Stop in Immokalee, utilizing one of the conference rooms. We are going to try to get funding for purchase of equipment, computers phones, etc., anything it will take to set up the operation. We also want to engage/establish a CERT team. We have someone that is enthusiastic about running the CERT team, but we just need to get it off the ground. So I am going to bow down to our CERT representative. If you have any advice or venues you can help us get it off the ground, like funding from the Citizens Corps or grant opportunities. At least from what I read Citizen Corp/CERT have some grant opportunities. Anything you could do in that regard (would be helpful). We are looking at setting it up with some government people there for leadership and management, and for volunteers to fill some of the emergency support functions, i.e., damage assessment, food and water. We would like to have a Red Cross person and a law enforcement security person. Again, we would like to mirror what we have here. The basic venue is to communicate and coordinate during times of recovery. We are just getting off the ground. We have a Powerpoint presentation that we are taking up to a lot of the non-profit organizations, like "1 Hope", IAAC. This is something that is wanted and we are going to try to make it happen. 16/1 7 {iiI ; ,.1 .. l II t.."..~ J' Collier County Citizens Corps Advisory Committee January 17,2007 Freedom Memorial- Jerry Sanford After weeks and months of different meetings, the full Naples City Council and the Mayor approved our project last week. Jim has the flyers. I want to thank, Jim Elson, Reg Buxton, Greg Spears, and members of the committee for helping us get this far. Now we need to raise $2,000,000. We so far raised about $20,000 selling bricks. You will see on the flyer, that around the perimeter of the memorial will be a brick walkway, and that is where the bricks will be placed. The County is building a 50-acre Gordon River Water Quality Park; we had asked for the memorial to be placed there. The memorial is going to be visible as you are heading west on Golden Gate Parkway and as you are heading north on Goodlette- Frank. Our next meeting is Friday, January 19, and hopefully we will get out there and raise the necessary funds. What has hindered us so far is that we didn't know the location. So far we have $20,000 raised and I ask you to spread the word. If you need more forms, we can get them. Reg has the forms also. Per Jim von Rinteln, if you missed the model, it is on the first floor of our building (F-Administration Bldg.). Next Meeting/Adjourn Motion to adjourn the meeting at 3:45 made by Russ Rainey and seconded by Walt Jaskiewicz. Approved unanimously. Next meeting date is Wednesday, February 21, 2007 at 3 p.m. Minutes submitted by Janet Curran for Mary Ann Cole 3:00 Citizen Corps Advisory Committee Agenda January 17, 2006 1611 ..., I~ 1"1 c Pledge of Allegiance -Opening Remarks -Roll Call Chairman Sheriff's Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS EM City of Naples Cleveland Clinic Health Dept Everglades City NCH Medical Examiner City of Marco Island Neighborhood Watch 3:05 Approval of Minutes Chairman 3:10 Threat Update Sheriffs Office 3:15 New Business Chairman . New Members Chairman . Honoring the Community Jim von Rinteln Award - Veterans Council . 2007 Seminars Jim von Rinteln . Shelter Managers Jim von Rinteln 3:50 Old Business Chairman . Waterway Watch Walt Jaskiewicz . EOC Update Jim von Rinteln 4:00 Next Meeting/Adjourn (February 21st) Chairman ~ -, "'~ viI A l' t Collier County Government Communication & Customer Relations Department 3301 E. Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold Public Information Coordinator (239) 774-8308 Jan. 4,2007 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, JANUARY 17,2007 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, Jan. 17 at 3 p.rn. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000. -End- 16/1A 4 1 Collier County Citizens Corps Advisory Committee February 21, 2007 Fiala vI~ Halas _-_~--- . Hennlng__'-:_-/____ .... Coyle __V__._ ColeltCl Voting Members Present: Doug Porter, Naples Civil Air Patrol Deborah Horvath, American Red Cross Walt Jaskiewicz, Coast Guard Auxiliary James Elson, Collier County Veterans Council Maria Ramos, Salvation Army Sharon Downey for Gerry Sugarman, RSVP Jerry Sanford, Collier County Fire Chiefs Assoc Floyd Chapin, Community Emergency Response Volunteers r~ECEIVED M ~ ."-, t "pK ! 9 2r. , ....,.: hU:.Hil C')Gi~,..! Voting Mernbers Absent: (Excused Absence) Reg Buxton, Greater Naples Chamber of Commerce Russell Rainey, Community Emergency Response Team Voting Members Absent: (Non-Excused Absence) Non-Voting Member: Lt. George Welch, Sheriff's Office Judy Nuland, Department of Health Joe Irene, Neighborhood Watch Greg Speers, East Naples Fire District Rick Zyvoloski, Collier County Emergency Management Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Walt Jaskiewicz is sitting in as Chair, in Reg Buxton's absence. Approval of Minutes Motion to accept the minutes of the January 17, 2007 meeting made by Jim Elson and seconded by Debbie Horvath. Approved unanimously, contingent upon email receipt. Threat Update Per Lt. Welch, Sheriff's Office, there is no change and no significant events. New Business Groundhog Day Tornadoes in Lake County Rick Zyvoloski shared information regarding his and John Veit's deployment to Lake County to help in the Emergency Operations Center on February 6th Two tornadoes hit on February 2nd around 3 a.m. If 6/1 ,. '] '1 4 2 , , Collier County Citizens Corps Advisory Committee February 21, 2007 people had NOAA weather radios and a plan, they would have been ready. The bases of these two tornadoes were a half mile wide, traveling 4 or so miles with 165 mph winds. Tornadoes here in Collier County are usually about 20-30 feet wide. With the El Nino environment that we are at right now, it is serious. Watch the weather and see where the systems are. The Villages Area on the western side of Lake County had an affluent area taken out - lakeflorida.com has pictures of the aftermath. Concrete block homes were also destroyed. The Lake Mac area is an established mobile home area with renters, no insurance, etc. A lot of issues arose with this area in the recovery effort. With the new National Incident Management System (NIMS), the EOC was up and running well. Everyone deployed there slipped into the Incident Command System (ICS) mode, with a seamless transition. FEMA and State were there on scene, and water, ice, etc. was all set up. Three shelters were opened the first day, with two of them closing down right away due to no takers. The third shelter stayed open for only two days because the nature of the people there, they didn't want to leave their belongings. That created a unique challenge for FEMA to offer a lot of tents in order to try to accommodate the people. ARC did a super job, getting people out of the shelters and into hotels. Mobile feeding went well, and were still feeding the eastern part of the County on the 1ih. The western part of the county had shut down their Points of Distribution (PODs). PODs were being run by local volunteer groups. Rick brought back a lot of information to help in our EOC operation. He and John developed a plan for a volunteer base camp. Volunteers worked with FDLE in giving limited background check and ill cards. These volunteers came from Washington and Oregon States, many Christian contractors. The cafeteria services were contracted out. This was a success story. Many VIP visits, which disrupted efforts. Walt asked about destruction to concrete homes. Per Rick, roofs and windows were destroyed even on newer homes. People are not as wind conscious, since they live inland. 182 homes suffered significant damage, and 21 people were killed. There were also animal issues with pigs, goats, etc. Need to push training and the use of weather radios. The radios are the only official governmental warning system. Per Jerry Sanford, he pushes the NOAA radio with his CERT group. He had one to show - they cost $39.95 at Radio Shack. This new one is battery-operated. Walt asked if there was a way of getting just tornado information. Per Rick, scroll through and set the message you want. Communications and Customer Relations is doing a snippet on CCTV regarding weather radios. Debbie said the ARC has quarterly volunteer meetings and give away weather radios as drawings - these are a big hit. EINino EI Nino seems to be going away, or in a neutral period over the next 3 months and then will be La Nina environment. EI Nino is rainy and causes the jet stream to drop down, which is what the storms are following. Because of this, the Ground Hog Day storm may be the worse event of the year. Don't let your guard down, however. Historically, even in an El Nino year, we have never had a tornado greater than an F2. Have a plan! LMS Update No new projects. FEMA and State due to fund several projects, which are due out in April. One civilian in the group put her house on the project because she is prone to flooding. She will cover the match if the government will sponsor her - she is in the final review process. This is a success story. Marco Island 1611 .~ if' .(13 '"" Collier County Citizens Corps Advisory Committee February 21,2007 will be given a few hundred thousand dollars more for burying their utilities; apparently it passed the benefit cost analysis. There is movement on mitigation - need more governmental agencies and participants. Old Business Shelter Managers Per Jim vonRinteln, this is an annual issue - we need shelter managers trained and ready for the hurricane shelters. He is currently working with veterans' organizations to get volunteers and get them trained. Need appropriate people, with special teams needed. Remind your organizations that we still need help. The American Red Cross is your point of contact - Debbie Horvath, Jerry Welty and Frank are jointly working on this. We have two additional shelters this year - the North Naples Water Park with both pet and people shelter, and the Ava Maria College is open in July. Walt Jaskiewicz sent out emails to enlist help; contact Jim V. for general scope, then to ARC for training. A commitment is needed. Debbie will get ajob description to Jim V. Management experience is helpful (i.e., military veterans, CAP, etc.). There is approximately 3 hours' training for shelter managers, with some online work, and a couple hours with Jim V. Question was posed if people are interested and live in a flood zone, can their families come to the shelter with them. The answer is yes. Some years have been busy (2004 and 2005) and others have been slow (2006). Working the shelters can burn people out. Per Doug Porter, hurricane season is the time of year when CAP is at lower staff. Jim V. suggested looking at cadets to help out. ARC volunteers are down due to background checks. Judy Nuland suggested perhaps alternating responsibilities each month. EOC Update Per Jim V., the site is now an open field - trees have been removed and a lot of prep work has been done. Not sure when the date is for final budget approval by Board of County Commissioners, it could be late March or early April, but will keep all posted. Open Discussion Health Department Updates Judy Nuland from the Health Department gave a flu update. We have to follow the federal guidelines, and two weeks ago the CDC put out a web page that changes some of the processes. Social distancing is the number one component of mitigating the spread of the flu. Very early on we will be closing facilities, schools, etc. (long before originally planned), with law enforcement assisting with these closings. Joe Frazier asked about the bird flu that showed up in Great Britain. Per Judy, it was turkeys, not passed on to people (still Phase 3, no sustained human to human contact). The u.s. is more likely to come forward with any problems, rather than hiding it, as they do in the third world countries. Judy also shared that on May 15fh and 16th the airport is putting on another family assistance program, where Delta Airlines people come in to work on the mental health component of a disaster. Doug Porter asked about the peanut butter issue. The Health Department is tracking this, it is not yet put to bed. It is assumed that the grand source is the manufacturer (#211263, Great Value and Peter Pan) - there was only one lot and all jars were pulled. S fA J4 fi' 4 4 Collier County Citizens Corps Advisory Committee February 21,2007 Other Jim Elson reported there was a casualty from Afghanistan this morning where a young man that attended Lely High School went down in a helicopter on Sunday. The name has not been released, pending contact of family. Jerry Sanford reported on the Freedom Memorial. There were three significant events - the Swamp Buggy Races, the Everglades City Seafood Festival and the Collier County Fair, where memorial information was made available. $900 was collected at these events. Mayor Barnett and members of the Naples City Council approved the flyer to be placed in 16,000 utility bills for the City of Naples, which will be going out soon. Jerry will present to the folks in Marco to see if this can be done there as well. Maria Ramos reported that the Salvation Army is building their new chapel - the entrance is now on Airport, rather than Estey A venue. Debbie Horvath reported that ARC sent two Collier citizens to the area hit by the tornadoes for two weeks, along with emergency response vehicles. Also, ARC has been meeting with Salvation Army to enlist their help with providing a translator in each of the shelters. Jim V. mentioned that the Coast Guard Auxiliary is providing training for our County Facilities people on NIMS roo, 200 and 700. A reminder that the Civil Air Patrol can also provide training, if you are in need of this training. You can contact them directly, or contact Jim V. and he will coordinate. Next Meeting/Adiourn Motion to adjourn the meeting at 3:45 made by Jerry Sanford and seconded by Jim Elson. Approved unanirnousl y. Next meeting date is Wednesday, March 21, 2007 at 3 p.m. Minutes submitted by Mary Ann Cole 3:00 3:05 3:10 3:15 3:50 4:00 c _ " A Citizen Corps Advisory Committee Agenda February 21, 2006 Pledge of Allegiance -Opening Remarks -RollCall Chairman Sheritrs Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS EM City of Naples Cleveland Clinic Health Oept Everglades City NCH Medical Examiner City of Marco Island Neighborhood Watch Approval of Minutes Threat Update New Business . Groundhog Day Tornadoes (Lake County) . EI Nino . LMS Update Old Business . Shelter Managers . EOC Update Next Meeting/Adjourn (March 21 st ) Chairman Sheriffs Office Chairman Rick Zyvoloski Rick Zyvoloski Rick Zyvoloski Chairman Jim von Rinteln Jim von Rinteln Chairman /,', ~;:/. 16/1 :'" 4, FEASIBILITY STUDY FOR RETAILER RECOVERY Report to the Florida Legislature January 2007 Prepared by: The Florida Division of Emergency Management "'I 116- r ."J .it. u t ;/ Ji, Pf. II q Table of Contents Executive Summary Page 2 Purpose Page 3 Background Page 3 Current Situation Page 3 Appendix A. City of Hollywood Press Release B. Best Practices and Guidance for Businesses Page 12 Page ]4 Feasibility Study Report Page 2 1611 A 4 Executive Summary Floridians experienced an unprecedented number of tropical weather events during the 2004 and 2005 hurricane seasons. Hurricanes Charley, Jeanne, Francis, Ivan, Wilma and Katrina wrought billions of dollars in damage and challenged the response capacity of state and local emergency response entities. Hurricanes Ivan, Frances and Wilma resulted in widespread power outages in densely populated urban areas. This led to concerns regarding emergency services, emergency supplies, emergency fuel supplies and realistic expectations of public emergency preparedness measures. The 2006 Florida Legislature recognized the need to better coordinate emergency response capabilities among local, state, federal, non-government and private entities. The Florida Division of Emergency Management met with state and local agencies as well as the private retail sector to develop a compilation of Best Practices for private business and local governments to consider while enhancing their disaster recovery plans. Also discussed was the development of guidance in the form of operational standards that may be adopted by the retail establishments to qualify them for preemption from local government regulations in response to a disaster. During the past year the Florida Division of Emergency Management officials met with retailers representing various sectors of the industry. During these meetings discussions included the possibility of certain retail sectors to manage county Points of Distribution, where the government typically interfaces with the impacted community for the distribution of essential items. However, throughout the course of these meetings it became clear that the top priority of any retailer is to reopen for business. Assisting the state and local communities by providing commodities to the impacted public delays the efforts of the retailer to reopen its doors. On January 9, 2007, the Florida Division of Emergency Management hosted a meeting with retail industry, local government, state and non-state agencies. The main goal of the meeting was to provide a forum in which businesses could interface with state and local government officials and discuss issues and potential solutions to improve retailers' post-disaster recovery times. Several common issues emerged from these discussions: . lengthy and expensive permitting process for generators and fuel tanks . fuel availability for personnel and supply trucks into and out of the impacted re gi ons . difficulty in accessing restricted areas and/or community curfews for supply trucks and personnel . business liaison in every county emergency operations center for enhanced communication between businesses and emergency personnel The following report summarizes the discussions and details the possible solutions the group arrived at. Feasibility Study Report Page 3 '{ ,'~ It.. · 4 d!,Gh l II I. Purpose: The 2006 Florida Legislature recognizes the need to better coordinate emergency response capabilities among local, state, federal, non-government and private entities. Further, the Legislature recognizes that non-government agencies and the private sector are key partners in disaster preparedness, response and recovery. This report aims to provide guidance in the form of operational standards that may be adopted by the retail establishments to qualify them for preemption from local government regulations in response to a disaster. Mission Statement for this project is, "To restore economic stability to an impacted area through coordination between state and local governments and private industry." II. Background: Floridians experienced an unprecedented number of tropical weather events during the 2004 and 2005 hurricane seasons. Hurricanes Charley, Jeanne, Francis, Ivan, Wilma and Katrina wrought over $100 billion in damage leaving people homeless throughout the state. During the 2004 hurricane season fourteen million Meals-Ready-to- Eat were supplied to Florida's citizens and visitors along with ten million gallons of water. The estimated value of volunteer services for the 2004 hurricane season exceeds $102 million. These hurricane seasons challenged the response capacity of state and local emergency response agencies and organizations due to the number, intensity and geographic location of the storms' impacts. Hurricanes Ivan, Frances and Wilma resulted in widespread power outages in densely populated urban areas. Some areas did not realize complete power restoration for two weeks or longer. This led to many concerns regarding emergency services, emergency supplies, emergency fuel supplies and unrealistic expectations of public emergency preparedness measures. In order to encourage the rapid recovery of economies in disaster affected areas, programs designed to restore normal commerce in communities are being included in the State Comprehensive Emergency Management Plan. The Florida Division of Emergency Management has met with state and local agencies as well as the private retail sector to develop a compilation of Best Practices for private business and local governments to consider while enhancing their disaster recovery plans and for a set of operational standards that may be adopted by retail establishments to qualify for pre-emption from local government regulations in response to a disaster. III. Current Situation: From November 2005 through December 2006 Florida Division of Emergency Management officials met with retailers representing various sectors of the industry including grocers, pharmacies, home improvement and general merchandisers as well as the private transportation industry. Those associations and retailers included the following: Publix Winn Dixie WalMart Target Albertsons Home Depot Feasibility Study Report Page 4 ,..- A 4f Lowes Harveys FedEx DHL CVS Pharmacy Florida Retail Federation Discussions initially included the possibility of certain retail sectors to manage county Points of Distribution, where the government typically interfaces with the impacted community for the distribution of essential items such as food and water. This would facilitate the delivery of needed commodities to the public by retailers who work in those areas of distribution and by making these retailers part of the disaster response efforts. This also serves to exempt them from restrictions into the impacted areas. However, throughout the course of these meetings it became clear that the top priority of any retailer is to reopen for business. Assisting the state and local communities by providing commodities to the impacted public, delays the efforts of the retailer to reopen its doors. Every time a store opens it results in one less community for which the state and local governments must provide commodities. While each retailer expressed having unique needs during the initial recovery phase, a common challenge retailers face is maintaining a minimum operational staffing level while allowing impacted employees recover from the event. Retailers do not typically employ excess staff beyond their Continuity of Operations Plans. Therefore, staffing to manage local points of distribution is not available immediately following an emergency event. During meetings with DHL and FedEx, the potential of private retailers supplying impacted communities with commodities immediately following a disaster was discussed. It was determined that this approach is not practical because the retail industry's main focus to reopen its own doors. DHL and FedEx cannot obligate the estimated three hundred or more trucks typically needed to transport goods and simultaneously continue their normal day-to-day business. However, DHS and FedEx are willing to participate in the expedited transportation of emergency freight. On January 9, 2007, the Florida Division of Emergency Management hosted a meeting with retail industry (fuel, grocers, general merchandisers and pharmacies sectors), local government, state and non-state agencies including the Red Cross, Visit Florida, Small Business Development Network and Enterprise Florida. The main goal of the meeting was to provide a forum in which businesses could interface with state and local government officials and discuss issues and potential solutions to improve retailers' post-disaster recovery times. Retailers, local and state emergency management officials as well as association representatives divided into groups by retail sector to discuss the various issues which face both businesses and local communities immediately following an emergency event. Below are summations of those discussions: Feasibility Study Report Page 5 1611 ." ~ , 4 General Merchandising Group Participants Included: CVS Pharmacy Sears K-Mart Wal-Mart Florida United Business Association The American Red Cross Local Emergency Management State Emergency Management Major Issues with Suggested Solutions 1. Generators - The expensive price and the lengthy duration of the permitting process to install generators have caused major issues for businesses. In addition, intra-state permit issues arise when trying to transport large generators and wide- loads across state lines. a. The permitting process should be streamlined for businesses taking mitigation actions. 2. Access - Businesses need to be able to get supply trucks into the impacted areas as soon as possible. Curfew restrictions often prevent legitimate supply trucks from reaching businesses resulting in prolonged closures. a. Consider increased training of local law enforcement and security personnel for better recognition of legitimate personnel and resources. b. In order to pre-empt local restrictions for access to the impacted areas, create a recognized pass or implement a credentialing system for supply trucks and retail staff. 3. Power Restoration - Businesses without generators often have difficulties reopening because they do not have access to power restoration information for their facilities. a. An increase in communication from utility companies as to the location of where power will be restored first will allow businesses to better prepare for reopening. b. Allow for increased communications with the Business and Industry Emergency Support Function (typically ESF 18 or ESF 19) liaison at the local and/or the state emergency operations center. Request that local emergency management offices designate a business liaison that will work in exempting retail establishments at those levels of government. c. Do not require businesses to have generators, but request at a minimum that new businesses deemed essential during disasters (e.g. - food suppliers, building supplies, pharmacies, etc.) are wired with a "manual disconnect". This allows for fast and efficient connection to mobile Feasibility Study Report Page 3 "" - It ,-'1- A 4 generators. Those businesses that are so connected would be on a priority list for exemption from local restrictions. 4. Licensed Personnel - Florida pharmacies operate just at capacity with respect to pharmacists during normal conditions. Subsequently, during emergencies additional pharmacists are extremely difficult to acquire. The Emergency Mutual Aid Compact (EMAC) complicates the problem by not allowing private pharmacists to assist. Currently the EMAC only allows state and county Department of Health pharmacists to provide assistance. a. The Legislature could assist by passing legislation which would allow Florida to implement a temporary licensure program for pharmacists. This would increase the availability of pharmacists during times of need. It should be noted that approximately eighty-percent (80%) of pharmaceutical needs during a long-term emergency are refills. 5. Communication - Impacted essential businesses often have limited or no means to communicate information to the ESF 18/19 liaison at the county and/or state emergency operations center. This prevents valuable information from being exchanged such as resource requests, available inventories and store hours. a. The Division of Emergency Management should consider education and outreach to the business community on communication methodologies during an emergency event. b. The Division of Emergency Management should consider recommending a communications system that businesses could opt to purchase for use when normal communication systems are down. c. The Division of Emergency Management should consider the use of a secure portal which would allow businesses to communicate essential operational information during a disaster. Knowing which businesses are open and when they are open effects public donations and can potentially impact small businesses negatively when the same goods and services are being offered for free. 6. Beautification - Local landscaping requirements, especially in south Florida, increase the vulnerability of businesses to power outages. Trees are being placed too close to power lines and critical infrastructure resulting in damages that could have been mitigated. a. Local land development codes and regulations should be reviewed against the local mitigation strategy to avoid conflicts and increase mitigation measures (e.g. - bury power lines, plant smaller trees, etc.). Feasibility Study Report Page 4 It i. ~ 4 Fuels Group Participants Included: 7-11 Convenience Stores Florida Petroleum Manufacturers Association Florida Petroleum Council Florida Retail Federation Department of Homeland Security Governor's Office of Tourism, Trade and Economic Development Local Emergency Management State Emergency Management Major Issues with Suggested Solutions l. Generators - Permitting for installation of generators tends to be a lengthy process. Some jurisdictions are adding additional requirements in order to receive the permits, resulting in additional cost, in addition to causing delays with the permit. In other cases permit applications are split into as many as three sections, all of which are sent to different departments in the county, taking months to process. If the permitting process is not expedited the deadline ofJune 1,2007 for generator installation at fuel stations will not be meet. a. The Legislature could assist with the financial burden of generator installation and permitting by offering a tax exemption or sales tax exemption on emergency generators; this would make the installation process less expensive. b. Retail establishments that can supply fuel and are generator ready should have an expedited permitting process or be exempted and local governments should to be more reasonable in regards to attaching additional requirements. 2. Supply Contracts - Critical care facilities, such as nursing homes, must have availability of fuel during disasters and should already have government reviewed plans in effect. Unfortunately, most facilities do not have government reviewed plans. These plans would include establishing fuel contracts with suppliers to ensure priority delivery post disaster. These contracts require little or no cost to enter into. a. Critical care facilities should contract with fuel suppliers so priority deliveries can be set in advance. b. It is also recommend that critical facilities contract with redundant suppliers to ensure delivery. c. These recommendations extend to local governments as well, although most local governments already have this type of agreement in place. 3. Personnel - A mechanism needs to be established which would allow key retail facilities to have staff return to work as soon as possible post-disaster. Often it is Feasibility Study Report Page 5 16.1 A 4 not feasible for employees to be absent from their place of employment for more than a few days. At the same time, employees may have not only themselves, but also their families to accommodate during a disaster. Incentives must be created to bring personnel back to work, post-disaster. a. Access cards should be provided to key retailers that allow them access back into the impacted areas b. Government assistance and facilitation rallying points are incentives to have employees return to work when needed. 4. Expectations - The flow of information regarding fuel availability to the media needs to managed during times of disaster. When information regarding regional availability is not clear and explanations of what to expect are not provided, retail suppliers are further stressed. General practices such as maintaining half a tank of fuel during hurricane season and understanding that fuel will be available is essential. a. Informing the public that fuel is available in neighboring areas should be emphasized to relieve local pressure. b. Educating the population that fuel is generally plentiful at evacuation destinations so it is not necessary to leave with full tanks will relieve supply demands pre-landfall. c. Informing the public to fuel their tanks during the early phases of weather alerts will promote for more full tanks in threatened areas. d. Emphasis returning with a full tank, even with generators, fuel stations may take several days to return to normal operations. 5. Currency - Fuel will become a cash-only business during a disaster. Credit cards and checks subject the retailer to increased fraud, requiring the fuel retailer to switch to cash only sales when the credit card processing systems are inoperable. a. Educate the public to expect to need cash for fuel until credit card processing systems are returned to operation. b. Researching credit card processing systems that are not dependent on local power and telephone may beneficial. 6. Evacuation Route Designation - Retailers are required to address facilities along evacuation routes but no indication is provided as to how to identify evacuation routes. a. Designate the Regional Evacuation Studies as the single source, which specifies evacuation routes for compliance with the requirements. 7. Boundaries - Regional Domestic Security Task Force (RDSTF) Districts and Division of Emergency Management (DEM) Area boundaries should be aligned. The law requires retailers to comply based on various boundaries including the RDSTF Districts and DEM Areas. These boundaries are very similar and the differences make calculations for compliance more complicated and cumbersome. a. Adjust the DEM Areas or the RDSTF districts to match. Feasibility Study Report Page 6 iJ 11 ,A~ 4 8. Electricity- Strategic placement of generators can be greatly improved with knowledge of power restoration patterns. Retailers will be able to maximize the use of their generators if they can receive information regarding power restoration in advance. a. ESF 18 should obtain all information regarding electrical restoration from the State Emergency Operations Center and distribute the information to retailers. 9. Education and Outreach - Educating the public on the dangers of carbon monoxide poisoning generated from generators needs to continue and should be addressed at the retail level. a. Recommend mandatory labeling on all generators sold in the state warning of carbon monoxide dangers. b. These labels may apply to cooking appliances and barbecue grills as well. Grocers Group Participants Included: Publix Winn-Dixie Small Business Development Network Florida Retail Federation Local Emergency Management State Emergency Management Major Issues with Suggested Solutions I. Power - The permitting process for the installation of generators is expensive, often lengthy and varies between local communities. Several industry standards exist and are used for fuel tanks used in connection with emergency generators. For example, UL 142 and UL 2085 are both standards for aboveground diesel storage tanks. Standard UL 142 is applied in central and north Florida while Standard 2085 is applied to fuel storage tanks in South Florida. Utility company participation in the installation and required testing of emergency generators needs to be secured. Often utilities fail to participate, leading to a waste of resources by the business. a. Exemptions should be provided for a streamlined permitting process by local governments for businesses taking mitigation actions. b. Tax incentives and/or waiving of government fees for businesses installing generators should be considered. c. Industry standards used for fuel tanks should be consistent throughout the state. 2. Access - Businesses need to be able to get supply trucks and personnel into the impacted areas as soon as possible. Curfew restrictions often prevent legitimate supply trucks and essential personnel from reaching businesses resulting in prolonged closures. Feasibility Study Report Page 7 1611 A 4 a. Increased training of local law enforcement/security for better recognition of legitimate personnel/resources. b. Increased communication with local emergency management officials to define a system which works for that community's needs. 3. Communications -Impacted businesses often have limited or no means to communicate information to the ESF 18/19 liaison at the county and/or state emergency operations center. This prevents valuable information from being exchanged such as resource requests, available inventories and store hours. a. The Division of Emergency Management should consider education and outreach to the business community on communication methodologies during an emergency event. b. The Division of Emergency Management should consider recommending a communications system that businesses could opt to purchase for use when normal communication systems are down. c. The Division of Emergency Management should consider the use of a secure portal which would allow businesses to communicate essential operational information during a disaster. Knowing which businesses are open and when they are open effects public donations and can potentially harm small businesses when the same goods/services are offered for free. 4. Beautification - Local landscaping requirements for generators vary between local governments and often require specified sizes for screening of the generator that are outside of standard measurements. a. Local codes and regulations should be reviewed and weighed against the significance of the project and the standard measurements of construction materials. Tourism, Trade and Retailers Group Participants Included: Enterprise Florida Visit Florida Volunteer Florida Florida Chamber Florida Restaurant and Lodging Local Emergency Management State Emergency Management Major issues with Suggested Solutions I. Disaster Plans - Many community convention and visitor's bureaus as well as chambers of commerce groups do not currently have disaster plans. Nor do they have plans in place for notification and communications post disaster and reliance on cell phones is not recommended after a disaster. Feasibility Study Report Page 8 J A 4 a. Add a tract for private businesses at the annual Governor's Hurricane Conference and the Florida Emergency Preparedness Association Conference with cost incentives for attendance. b. Educate and inform community retail associations as to potential communication systems for use post-disaster. 2. Business Logistical Staging Area ~ During the immediate recovery period the business industry should set up a staging area to exist in conjunction with other staging areas. This staging area would serve as a base camp engaging primary economic recovery. The state ESF 18 should partner locally for liaisons, coordination and facilitation of information networking during and after an emergency event. a. ESF 18 at the state level should coordinate with local ESF 18 (if it exists) ~ locating businesses, resources and information. b. Consider using the insurance staging areas as multi-use areas to gather and disseminate information to include business assistance and recovery centers. 3. Education and Outreach - Local businesses do not have information resources lists so they do not know who or where to call for specific types of post disaster questions information. a. Develop a Business Community Network and introduce local businesses to the local emergency managers, many are unaware of this resource and its function. Through this network, market ESF 18. b. Offer comprehensive planning assistance to local business communities. Involve emergency management agencies and personnel at business conferences, seminars and summits. c. Deploy a business liaison to local emergency operation center to distribute recovery information to the community businesses. 4. Generator Permitting - Standards on generator set up are time consuming and different for each local government. If permitting cannot be adjusted post disaster, then perhaps an incentive would be advantageous helping local businesses prepare early. a. Offer tax breaks and/or incentives for businesses to purchase generators and structural hardening equipment in the time prior to hurricane season. Offer tax breaks to avoid crisis management, perhaps in January during hazardous weather awareness week. b. Formation of a task force to examine techniques in incentives, grants, and programs to help local businesses mitigate against, prepare for and recover from emergency events. "The chief priority of any retailer following the impact of a disaster is to return to business," Bill Herrle, Florida Retail Federation. Feasibility Study Report Page 9 16 f 1 A 4. Several common issues emerged from these facilitated discussions. Large retailers, especially those which rely upon refrigeration systems, recognized from the 2004 season the need to either install emergency generators or wire their facilities for portable generators. The permitting process and varying local government regulations have impeded the progress of generator installation and electrical wiring alterations of existing retail locations. Some local governments have taken a proactive stance and coordinated with various agencies and retailers to expedite the process. Please see the enclosed City of Hollywood press release as an example of such progress. However, this has not been the case in the majority oflocalities. The communication capability between local retailers and local emergency management officials needs to be enhanced. In the past two hurricane seasons, the Division of Emergency Management has begun hosting conference calls with retailers to share information and aid in prioritization of response activities. This kind of communication and coordination also needs to occur at the local level. This will aid the retailer with issues revolving around curfews, closed roadways and power restoration. Once the relationship between emergency coordinators and retailers is established unique issues which differ between local communities can be addressed and resolved. The "Get a Plan" campaign launched by the Florida Division of Emergency Management applies not only to the families of Florida, but also to its business owners. The first step for any business it to develop a comprehensive disaster plan and a continuity of operations plan. These plans define the roles and responsibilities of personnel before, after and during an emergency event as well as the critical functions necessary for business operations to continue. The Division of Emergency Management has made available at no charge a toolkit for businesses to prepare disaster response plans entitled "Florida Business Disaster Survival Kit, Business Continuity Planning in Today's World". In addition, an online program has been established at www.FloridaDisaster.org that walks a business owner through a hazard identification and vulnerability assessment. The information provides the business representative with a disaster plan tailored for their business. The Institute for Business and Home Safety also provides a disaster planning toolkit geared toward the small to mid-size business owner. This comprehensive toolkit is available at no charge from their website. The Florida Small Business Development Center Network and Enterprise Florida provide planning assistance and guidance to business owners regarding disaster related issues. Disaster response plans include standard operating procedures for a business to follow before, during and after an emergency event. These procedures differ greatly depending on the individual business and retail sector. Rather than prescribe a universal set of operating standards to all businesses, a general set of best practices for businesses was developed and is included with this report. Feasibility Study Report Page 10 :<it 1(;, 'A" 4 1. IV. Conclusion: The following set of operational standards are provided for adoption by retail establishments for consideration by local government for preemption from regulations in response to a disaster: . Participate and coordinate with the Business and Industry Emergency Support Function (ESF) 18 liaison at the county and/or the state emergency operations center. . Through that Business and Industry ESF-18, request that local emergency management offices designate a business liaison that will work in exempting retail establishments at those levels of government. . Retailers working through the local emergency operations center would have local governments identify key retailers and provide access cards that allow their staff and suppliers access back into the impacted areas. . Retail establishments that can supply fuel and are generator ready should have an expedited permitting process and local governments should be more reasonable in additional permitting requirements. . Exemptions should be provided for a streamlined permitting process by local governments for businesses taking mitigation actions. Each business has a set of unique needs in preparing for and recovering from a disaster. The first step is to determine those needs through the disaster planning process. Once the needs have been determined, obstacles which have been identified can be communicated and resolved in cooperation with the appropriate local or state agency. The relationships established from this process amongst the private sector and local and state emergency planning agencies aid in more quickly resolving future issues which arise during disaster events. This process enhances not only the business' ability to recover from a disaster, but the community's ability to return to normalcy. Acknowledgements: This report was compiled and meetings facilitated by the Apalachee Regional Planning Council. Final editing was performed by the Florida Division of Emergency Management, Bureau of Preparedness and Response, Critical Infrastructure and Logistics Section.. Feasibility Study Report Page I I 1611A.4 City of Hollywood, Florida Office of Community and Public Relations PRESS RELEASE FOR IMMEDIATE RELEASE April 12, 2006 Contact: Alison D. Hibbert Phone: (954) 921-3397 Fax: (954) 921-3340 E-mail: ahibbert@hollywoodfl.org Hollywood Issues Emergency Generator Permit to Publix Super Markets City Teams Up With Grocery Store to Expedite First Permit in Southern Broward County HOLL YWOOD, FL - The City of Hollywood has issued a permit for an emergency generator to Publix Super Markets, located at 5211 Sheridan Street. This is the first permit of its kind to be issued in southern Broward County, stated Robert Rawls, Director of Building and Engineering Services for the City of Hollywood. "This was truly a multi-agency partnership with the City of Hollywood, Broward County and the construction contractor, and I congratulate everyone on their extraordinary efforts in moving this project forward most expeditiously," said Rawls. "We congratulate Publix Super Markets for their commitment to serving the community and the initiative they took in bringing forward the generator project and selecting the City of Hollywood for one of their installations." Final approvals for the permit were received from Broward County and the City on Friday, April 7, 2006. Installation of the emergency generator is expected to be complete prior to hurricane season. "When Publix Super Markets announced their corporate decision to invest $100 million for backup emergency generators company-wide, the City of Hollywood committed to expediting the permit process to bring this project to our residents here in Hollywood," said Rawls. "Our residents are priority and we want to be sure they have the necessary services they will need before, during and after a hurricane." Maria Brous, Director of Media and Community Relations for Publix Super Markets, said the supermarket chain is making strides with equipping their stores with emergency generators. JiO,bL'YWOOD \27.M.~a..f Alison D. Hibbert, APR Public Relations and Infonnation Manager City of Hollywood 954.921.3397/ahibbert@hollywoodfl.org www.hollywoodfl.org .1(...114. . '.J '4 '.... , "Publix is very excited about the progress we've been able to make with many South Florida communities, since announcing plans to install hurricane generators in many of our stores," stated Brous. "The City of Hollywood has been instrumental in expediting permits, and that will be a great benefit the City and nearby communities." ### liOhL'MfOOD \27.l!h~a.I Alison D. Hibbert, APR Public Relations and Infonnation Manager City of Hollywood 954.921.3397/ahibbert@hollywoodfl.org www.hollywoodfl.org j 0 4 i 4 Best Practices . Assign an Emergency Coordinator for your business. . Develop a Disaster Response Plan (several samples are available free of charge) which addresses roles and responsibilities of your personnel before, during and immediately following a disaster event. . Develop a Continuity of Operations Plan (COOP) which addresses essential business functions only including staffing. . Coordinate with you County Emergency Management Office and Elected Officials on any specific issues your business may have. . Know your local emergency management regulations - such as the establishment of curfews and re-entry plans. . Become involved with your local business Emergency Support Function (ESF), typically ESF 18 in most county emergency management programs. Informational Websites . Florida Small Business Development Center Network - http://www.tloridasbdc.com/ . Institute for Business & Home Safety - www.ibhs.org/business protection/ . Association of Contingency Planners http://www.acp-international.com/ . Florida Division of Emergency Management - www.floridadisaster.org/DEMbusiness.asp . American Red Cross - www.redcross.org/services/disaster/O,l082,0 606 ,00.html . Business Disaster Survival Kit - http://www.fldisasterkit.com/ Contacts . Regional Small Business Development Centers (SBDC) - http://www.floridasbdc.com/H ome/Location.asp . Enterprise Florida - Mickie Valente 407-316-4578 . County Emergency Management Offices - htto://www.floridadisaster.org/CountvEM/countvlist.htm 16/1 ,4 4 .RA. ~ Collier County Emergency Management Department Training Opportunity FREE training program being offered twice in Collier County: The National Weather Service Miami will provide FREE Basic and Ad- vanced Skywarn training, twice. The first set of classes are held on Fri- day, March 2 and they'll be offered again on Saturday, March 3, 2007. at Collier Co. Emergency Operations Center (EOC), 3301 Tamiami Tr. E.. Bldg FIRm 103 (Co. Admin Bldg), Fl. 34112. Training will be presented by the Miami National Weather Service (NWS) Office. Skywarn storm spotters are the eyes in the field for the National Weather Service. Basic Skvwarn training is straightforward...and fun. The two hour class will be offered twice. It will begin at 10 am each day. The class includes information necessary to report weather hazards to the NWS Miami. Simple terminology for thunderstorms and tornadoes is covered, and severe weather definitions are highlighted. In addition, NWS watch and warning functions are discussed. Advanced Skvwarn training will be offered each day beginning at 1:00 pm. It lasts about two hours. This class is designed to provide a deeper understanding of hazardous weather effects in South Florida by providing meteorological tools necessary to evaluate the hazardous weather envi- ronment. Some of the subjects include thunderstorm classifications, tor- nadic thunderstorm schematic, and optimum Severe Weather locations within storm cells. FAQs... issued. A Severe Thunderstorm or Tornado WARNING is issued when severe weather has been reported by a Skywarn spotter or indicated by Doppler radar. Skywarn volunteers becorne the NWS's and locai Emergency Management's eyes and ears, helping to provide better weather watch and warning services. What is a Storm Spotter? The Skywarn spotter program is a nationwide network of volunteers trained by the National Weather Service (NWS) to report significant weather. Anyone is welcome to participate. Must be at least 18 to be a spotter. Why Skywarn? The NWS's mission is to protect lives and property. When weather conditions are favorable for severe thunderstorms or tornadoes are expected to develop, a severe thunderstorm or tornado WATCH is Who will activate Skywarn? The NWS and/or the local emergency management authorities may activate the Skywarn net whenever there is a threat of severe weather or the NWS issues a severe thunderstorm or tornado watch. SKYWARN Registra tio nil nf 0 rm atio n: E-mail your request to register to: RichardZyvoloski@CollierGov.net Home Page: www.CollierEM.org Collier Board of County Commissioners 3301 E. Tamiami Trail, Bldg. F/Suite 103 Naples, FL 34112 Phone 239-774-8000 Fax: 239-775-5008 Email: RichardZyvoloski@CollierGov.net ....- II U e. A 4 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Feb. 9,2007 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE MEETING COLLIER COUNTY, FLORIDA WEDNESDAY, FEBRUARY 21, 2007 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, Feb. 21 at 3 p.rn. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. [fyou are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000. -End- 16"J 1 A I '15 :-", f'?'-.. AGENDA Revised COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 15,2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON Aliiiala ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF Aflfalas ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED ~enning MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRM~ PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUD Or'~ IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIM ea. OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TlON TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - Not Available At This Time 6. BCC REPORT- RECAPS - FEBRUARY 13,2007, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: DOA-2005-AR-7136, Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,60 IA:t acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Coordinator: Kay Deselem) CONTINUED FROM 3/1/07 MISC. Corres: Date. '-\ ~?- '\ \ Cf Item # \1.Q'1 IAS 1 CODies to: 16'1 ~ '1 .. B. Petition: PUDA-2006-AR-10157, Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4* acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 1 24,25,26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Coordinator: Kay Deselem) CONTINUED FROM 3/1/07 C. Petition: BD-2006-AR-l0900, Kent Hall, represented by Jeff Rogers, of Turrell and Associates, Inc., requesting a 12-foot boat dock extension over the maximum 20-foot limit provided in LDC Section 5.03.06.E.1 to allow a boat dock facility protruding a total of 32 feet into the waterway and accommodating two vessels. The subject property is located at 267 3rd Street West, Little Hickory Shores, Unit 3 Replat, Block G, Lot 5, Section 5, Township 48 South, Range 25 East, Conier County, Florida. (Coordinator: Ashley Blair) D. Petition: PUDZ-2006-AR-8997, Elias Brothers Communities Two, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A., requesting a rezone from the Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for 220 single-family and multi-family residential units for project known as the Buttonwood Preserve PUD. The subject property, consisting of 55 acres, is located south east of Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 miles east of Conier Boulevard, in Section 35, Township 48 South, Range 26 East, Conier County, Florida. (Coordinator: Mike DeRuntz) E. Petition: PUDZ-2006-AR-9150, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned "A" Agriculture with a Conditional Use (CU) overlay to "MPUD" Mixed Use Planned Unit Development. The proposed rezone request is for up to I 00,000 square feet of retail or office space and ten multi-family units; the project is to be known as Bradford Square MPUD. The subject property is 9.18ct acres located at 14258 Livingston Road, north east comer of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Conier County, Florida. (Coordinator: Melissa Zone) CONTINUED TO 4/5/07 9. OLD BUSINESS 10. NEW BUSINESS II. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 3~15-07/CCPC Agenda/RB/sp 2 16 I 1 A ~~E'VED AGENDA FEe 2 2 2007 Board of Cou nty CommiSSioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH I, 2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. I. PLEDGE OF ALLEGIANCE ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ANb EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. "J Fiala Halas Henning Coyle Coletta --~ 2. ROLL CALL BY CLERK .'-'--- 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - JANUARY 4, 2007, REGULAR MEETING 6. BCC REPORT- RECAPS - JANUARY 23-24, 2007, SPECIAL MEETING; JANUARY 24, 2007, ANNUAL UPDATE AND INVENTORY REPORT; JANUARY 25, 2007, EVALUATION AND APPRAISAL REPORT 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: DOA-2005-AR-7136, Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMilIer is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,60 1.4:t acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City ofMij'WIl<s, Florida. (Coordinator: Kay Deselem) IS . Corres Date Item#: 1 Copies to <:1 b ; A 5 B. Petition: PUDA-2006-AR-10157, Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to ] ,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4", acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Coordinator: Kay Deselem) C. Petition: PUDZ-2004-AR-6921, Habitat for Humanity of Collier County, Inc" represented by Dwight Nadeau of RWA, Inc., is requesting a rezone from the (RSF-4) Residential Single Family zoning district to the Residential Planned Unit Development (RPUD) 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, to be known as Faith Landing RPUD. 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. (Coordinator: Melissa Zone) D. Petition: PUDZ-2006-AR-9716, 3301 Westview Drive LLC and 3375 Westview Drive LLC , represented by D. Wayne Arnold, AlCP 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. (Coordinator: Carolina Valera) 9. OLD BUSINESS 10. NEW BUSINESS II. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 3-1+07/CCPC Agenda/RB/sp 2 16i1A Ie: ..JlLnuary 4, 2007 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida January 4, 2007 RECEIVED FEB 2 2 2007 Board oi (;ounly Comm' . ISSloners LET IT BE REMEMBERED, that the ColIier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a,m. in REGULAR SESSION in Building F of the Government Complex, East Naples, Florida, with the folIowing members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer RusselI Tuff Robert Vigliotti (absent) ALSO PRESENT: Ray BelIows, Zoning & Land Dev, Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student-Stirling, Assistant County Attorney Don Scott, Transportation Planning Corby Schmidt, Zoning & Land Dev, Review CHAIRMAN STRAIN: Good morning everyone, and thank you for attending today's meeting, If you'd alI rise for the Pledge of AlIegiance, (Pledge of AlIegiance was recited in unison.) CHAIRMAN STRAIN: Okay, this is the meeting of the ColIier County Planning Commission, January 4th. We have an agenda that will start with the EAR. Item #2 ROLL CALL BY CLERK First let's do rolI calI by the clerk. COMMISSIONER CARON: Mr. Kolflal. COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer. Page 1 r.' I,; 5 January 4, 2007 COMMISSIONER SCHIFFER: Here, COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain, CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein, COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray. COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti is absent. And Mr. Tuff. COMMISSIONER TUFF: Here. COMMISSIONER MIDNEY: Mr. Midney is here. CHAIRMAN STRAIN: Mr. Midney is here. Thank you. Item #3 ADDENDA TO THE AGENDA Okay, the addenda to the agenda. COMMISSIONER KOLFLAT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir, Mr. Kolflat. COMMISSIONER KOLFLA T: At our last meeting we reviewed PUDA-2006-AR-I 00-30, which was Hammock Park And because there were discrepancies or inconsistencies between the PUD, we continued that. And I wondered why that wasn't on the agenda today, CHAIRMAN STRAIN: Because I spoke with the applicant yesterday, They had not had all the issues resolved in getting the clean copy to us. That's going to be -- we're going to hear that on the 18th of January instead of today. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: There were two things that we were going to continue over, one thing, that is, from last month's meeting. And -- last year's meeting, for that matter. Under old business, Mr. Schiffer, did you still want to retain the issue on the setback issue you had brought up? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay, so that will be under old business, 9(A). And Mr. Murray, you had asked for some time to address the -- COMMISSIONER MURRAY: I'm not prepared this morning. Thank you, though, CHAIRMAN STRAIN: And the last thing I would suggest to this board is that Petition PUDZ-2004-AR-68 I 0, which is Item D, called Livingston Greens, LLC, presented by George Varnadoe, that this item be continued to January 18th due to a problem in the package that we received. There was some incomplete documentation, as well as incomplete review -- I should say a complete review but incomplete implementation into the PUD from legal. So with that in mind, I talked to the applicant and the applicant has agreed that they would have no problem with the continuation, So that is another addendum to the agenda that I would suggest for today. Is there any comments? Mr. Schiffer. MS, DESELEM: Excuse me, if! may? CHAIRMAN STRAIN: Mr. Schiffer is first. COMMISSIONER SCHIFFER: I was just going to say, what was missing? I know that the Page 2 16 11 Iff Dnuary 4, 2007 Exhibit D, which is the site plan, was missing. Is there other stuff missing? CHAIRMAN STRAIN: In my package there was, yes. And I made note of it Ms. Deselem? MS, DESELEM: I was going to back up, if! could, to the other issue, the old business issue, Ray or Susan are not here, neither one is here to address the issue under old business, so we really can't discuss it today. CHAIRMAN STRAIN: Mr. Schiffer, do you have -- COMMISSIONER SCHIFFER: Move it to next meeting, that's fine, CHAIRMAN STRAIN: Okay, we'll move it to our next meeting then. MS. DESELEM: Thank you, MR. VARNADOE: Mr. Strain, if! might, on the continuation, in response to Mr. Schiffer. Mr. Schiffer, there were some clean-up items from the county attorney's office which unfortunately did not reach my office until Tuesday. I have cleaned those up now and I'd like, really, for the record to reflect a receipt by the planning commission of a complete PUD. But we have no problem at all with continuing this to the 18th so we're all on the same page as to what we review. CHAIRMAN STRAIN: I think that would be a much better idea, MS. VALERA: If! may, Commissioner. Carolina Valera, Principal Planner with Zoning and Land Development Review. Just for the record, Commissioner, we have not had the time to review this document that is being presented to you today. CHAIRMAN STRAIN: I realize you haven't, and I would assume that we're going to get it today, you're going to have a copy of it I would like your comments on it before the 18th so that we all know we're working from a document that you've reviewed, MS. VALERA: Because of internal deadlines, Commissioner, the deadline for it to have everything, the packets ready for the 18th, are past due. I mean, they're gone. So the next available hearing date for the staff to be ready and have all the packets for you with the new revisions and review the new documents that you have today will be February the 1st CHAIRMAN STRAIN: Well, we already have a packet All of us have a packet here, This is a supplement to make it complete and collated in a manner that we can read it so we're not reading scattered pieces of it throughout the document I can't see what necessitates more work on your part. If anything, this is less work MS. VALERA: Okay, typically staff are required to do a supplemental staff report to the one that, you know, we give to you when an item is continued. If you decide that you don't need that then, you know, staff definitely -- I mean, it's up to you, the board, if you do not need that supplemental packet. CHAIRMAN STRAIN: I don't see the -- we've got a rather thick packet on this already. The problem was it was not too comprehensible the way it was presented. So I'd just as soon we take this. If you see this as in any way inappropriate in regards to what you reviewed, notifY us, and in that case we'll have to delay it But assuming this does meet all the criteria you've previously reviewed for, I'd rather see us continue this meeting until the 18th and be just done with it Does anybody on this -- Mr. Kolflat? COMMISSIONER KOLFLAT: Does this packet include the site drawing that Brad referred to? MR, VARNADOE: It's Exhibit D, the last page, Mr. Kolflat CHAIRMAN STRAIN: Yes, it does. This is a complete packet COMMISSIONER KOLFLAT: So it is complete. Page 3 16J14 i , 5 January 4,2007 CHAIRMAN STRAIN: Yes, Well, we hope it is, But I would rather move forward under that premise for the 18th, and if staff has some grave concerns that they can point out between now and then and so justifY further continuance, fine, but let's just get this done. MS. VALERA: Will do so. Thank you. CHAIRMAN STRAIN: We're going to be voting on the addenda to the agenda. Are there any other addenda to the agenda? (N 0 response.) CHAIRMAN STRAIN: Hearing none, is there a motion to approve the agenda as recommended with changes? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Made by Mr. Adelstein, seconded by Mr. Murray, All in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye, COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries. For people in the audience who are attending, the Livingston Greens LLC, which is the last one on today's agenda, that's off Livingston Road, will be -- has been postponed to January 18th. The other remaining items on the agenda stay in place. Just for your reference, those include the public utilities department on Manatee Road and the dock extension on Pelican Street in Isles of Capri. Item #4 PLANNING COMMISSION ADSENCES With that, we'll move into the first item -- well, wait a minute, we've got to go through planning commission absences. Our next meeting I believe is February I st, did I hear -- or January 18th and then February 1st. As far as the 18th ofJanuary, is everybody planning to be here? Okay, Item #5 APPROVAL OF MINUTES - NOVEMBER 20, 2006, PC WORKSHOP Approval of minutes for November 20th, 2006, which was a PC workshop. COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Tuff. COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Seconded by Commissioner Murray, Page 4 16i1A"~ JanJary 4, 2007 All those in favor, signify by saying aye, COMMISSIONER KOLFLAT: Aye, COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye, COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye, Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Item #6 BCC - REPORT - RECAPS - DECEMBER 12,2006, DECEMBER 13,2006, REGULAR MEETING Is someone here to provide the BCC recaps, or is that -- MS, DESELEM: Yes, I can do that. Hang on just a second, Thank you for waiting. Sorry for the delay. For the record, Kay Deselem. And you have -- the only meeting that the board has had since our last meeting with you was December 12th/13th meeting, There were several petitions on that particular agenda, Summit Place being one. And that one was approved, The others were continued, There was -- there was a PUD for Lakeview Drive of Naples, Clay Brooker, Windstar. That was continued to February 13th, And Whippoorwill was approved on that agenda 5-0. And as I mentioned, the Waterways Joint Venture, which was Summit Lakes, was also continued -- rm sorry, approved, as was its accompanying affordable housing density bonus agreement and the developer's contribution agreement that went with it. Those were the only land use items that were on that agenda. CHAIRMAN STRAIN: Great, thank you, Ms. Deselem. Item #7 CHAIRMAN'S REPORT Chairman's report. I have a lot of issues, but I think we'll be bringing those up in the discussion of the EAR, I'll wait for them to go into them, Item #8A CONTINUATION OF EAR-BASED AMENDMENTS With that, we'll go into the advertised public hearings, the first of which is the continuation and hopefully the near finalization of the EAR -based amendments. And I don't know who on staffs presenting it. MR. COHEN: Mr. Chairman, for the record, Randy Cohen, Comprehensive Planning Department Page 5 ~ f . A 5anuary 4, 2007 Director. The initial item on your agenda is a summary ofthe past EAR-based amendment elements, as well as sub-element actions. Corby Schmidt will be presenting that on behalf of the department. CHAIRMAN STRAIN: You had sent us quite a stack of paperwork. I hope that we're going to walk through each of those items as well somewhere in this discussion today. MR. COHEN: The items related to population will be run through in conjunction with the CIE and the future land element as they predominantly apply to those particular elements. And the other stuff that was provided will be addressed with the respective elements as they apply or with the summary as they apply in this particular instance. CHAIRMAN STRAIN: Thank you. MR. SCHMIDT: Mr. Chairman, in previous action, the planning commission -- for the record, Corby Schmidt, Principal Planner with Planning Staff. In previous action, you took informal action on the sanitary sewer sub-element, potable water sub-element, the CCME, the drainage sub-elements and the transportation element. The FLUE and housing elements are still under your consideration, and you've taken no action on the recreation and open space elements and the CIE. CHAIRMAN STRAIN: Okay. Now, as far as your beginning statement, you said we took a preliminary position on those? I mean, how -- are you looking for a formal conclusion to all the elements at today's meeting? MR. SCHMIDT: That's correct, Mr. Chairman. Each individual element requires a formal vote on its own, CHAIRMAN STRAIN: Thank you. Okay, I guess the next up on the agenda is the housing element. And Cormac is here. Good. Is that where we're going to go? Oh, Michelle, okay. MS. MOSCA: Yes, good morning, Mr. Chairman, Commissioners, For the record, Michelle Mosca with the Comprehensive Planning Staff. And I'll also have Cormac come up so we can address any of your concerns. Mr. Chairman, what I'd like to do is first present the outstanding issues related to the ORC Report. And then we had correspondence from the Department ofCommnnity Affairs in an e-mail dated 11114-- CHAIRMAN STRAIN: Now, Michelle, we've received a lot of paperwork since the last couple of meetings on the EAR. Can you refer us to whatever paperwork you want us to be reviewing this off of as you speak? MS. MOSCA: Well, generally what I want to first address are the ORC-related issues. All of you have received the ORC Report in the past, the objection one and objection two, specifically. And I believe in your most recent staff report dated -- well, the hearing date of January 4th, which is today. Do you all have a copy of that? CHAIRMAN STRAIN: I've got an ORC Report titled on the top ofthe page, 7/28/06 ORC Report and Collier County response. Is that the document you'll be working off? MS, MOSCA: That will be fine. CHAIRMAN STRAIN: Okay. Than that's -- MS. MOSCA: I'm just going to refer -- excuse me, I'm just going to refer to the objections. CHAIRMAN STRAIN: Okay, that's numbered 1 through Page 44, MS. MOSCA: Okay, CHAIRMAN STRAIN: So when you get into a topic that's referenced in here that's in one of those pages, could you just kindly refer us to the pages? MS. MOSCA: What 1 might need to do instead, then, Mr. Chairman, is probably just refer you to the most recent staff report on Page 4. CHAIRMAN STRAIN: Can you identity the most recent staff report? Page 6 1 6 I 1 A 5January 4, 2007 MS, MOSCA: Yes. It's hearing date January 4th, 2007. CHAIRMAN STRAIN: Okay. That's the one with the multiple colored strike-throughs, MS. MOSCA: That's correct. CHAIRMAN STRAIN: Again, let's start with a page on that. MS. MOSCA: Number four. CHAIRMAN STRAIN: Everybody familiar with that particular document on the planning commission? We're going -- we may spend some extra time trying to get on the same page. I think that's going to be important, since this has been a confusing, lingering issue. Thank you. Okay, Page 4 of the staff report. Go ahead, Michelle. MS. MOSCA: The first objective, objective one, that was rewritten to include legal resident. And that was at the request of the planning commission. So if you don't have any questions, I'll continue with that. COMMISSIONER MIDNEY: On lA, if you're looking at the yellow area right under that? MS, MOSCA: I was actually looking at objective one first, and then we'll continue on to Policy I A under objective one. COMMISSIONER MIDNEY: And where does it say legal resident? MS. MOSCA: Under objective one on Page 4 -- COMMISSIONER MIDNEY: Oh, I see. MS. MOSCA: -- in the highlighted area, COMMISSIONER MIDNEY: May I ask, we're basing this on population, are we not? MS. MOSCA: Yes. COMMISSIONER MIDNEY: Okay, And for example, Immokalee has as certain population, and a certain population is documented and a certain population is undocumented. That means that we totally exclude the undocumented from our estimates of the need for housing? Because doesn't that impact everybody's housing if certain people are occupying housing -- you know, a large percentage of the people who are occupying the low-income housing are probably undocumented. Doesn't that influence the amount of housing that's needed for the other ones, if you're counting the number of units? MS. MOSCA: I would say that it does, But the population counts are for permanent residents, CHAIRMAN STRAIN: Paul, if they're undocumented, how would you count somebody that's not here? COMMISSIONER MIDNEY: Well, the Department of Community Affairs wants to know the population, Isn't that what they're asking for? Or are they only asking for the population of people that -- because when we do census counts, United States census, they count everybody, because they want to know what the population is. In order to plan for needs such as housing and other things, you have to know how many people are living someplace. CHAIRMAN STRAIN: We use the census for the population basis. So if they're counted in the census, they're counted in this number. COMMISSIONER MIDNEY: But the census counts people who are documented and those who are undocumented. CHAIRMAN STRAIN: Well, I mean, they use the -- Randy, if I'm wrong, let me know, but I think your basis and BEBR's basis is the 2000 census. Is that -- MR. COHEN: Yeah, the base year for BEBR is 2000, And any extrapolation that's done by BEBR subsequent to that takes the building that transpires in the county and basically extrapolates out each additional year, The question that you would have is, based off that 2000 year, has the population in Immokalee Page 7 '-.11 111 ..., ! '-~ , 1A~ ,.. \~'"'l~ January 4, 2007 changed any from 2000. And there's really no way to address that until we do our next census in 2010. COMMISSIONER MIDNEY: But why does it say documented only then? CHAIRMAN STRAIN: It says legal. COMMISSIONER MIDNEY: Legal. Well, that's the same thing, CHAIRMAN STRAIN: Well, this board recommended that language change, and I think I was-- COMMISSIONER MURRAY: The BCC confirmed that. CHAIRMAN STRAIN: Yeah. I think if they're not legal, then I think you need to take it up with the Sheriffs Department. If you're filing a complaint against all the undocumented maybe illegal residents ofImmokalee, maybe you should talk to the Sheriffs Department. COMMISSIONER MIDNEY: No, it's not a law enforcement issue, What we're trying to do is plan for the future of this county, things like roads, housing and so forth, needs that people will be having. So I'm not looking at it from a law enforcement issue, I'm looking at it from a county planning issue. Because in order to plan for what the needs of the county are, the starting point is the actual population. And I think that's what DCA is interested in. CHAIRMAN STRAIN: Well, Paul, I mean, I guess we can debate it, but I think the two boards have already found issue that legal is the right word to use. Are you saying you don't agree with that? I'm trying to understand what you think needs to be changed. COMMISSIONER MIDNEY: Yeah. CHAIRMAN STRAIN: Okay, do you want -- I guess we can take that language change up then as far as the first correction that we had on here was changing the word from current and future to legal residents, which was also agreed to by the BCC. Is there a motion on this panel that wishes to see that changed? COMMISSIONER MIDNEY: I would like to make that motion. CHAIRMAN STRAIN: Is there a second to the motion? (No response,) CHAIRMAN STRAIN: Okay, hearing none, the motion dies for lack of a second, We will move on to the next portion, MS. MOSCA: We'll just go ahead and go into Policy 1.4, if there are any questions. I know Chairman Strain had a question regarding the term in the second line, adequate infrastructure. CHAIRMAN STRAIN: I've resolved my issue with that, thank you. We're on objective one, Policy 1.4 in the housing element. MS. MOSCA: Still on Page 4. CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: I have a question about density by right. It's my understanding that we do not have density by right in this county, with the exception of Immokalee's overlay. And they have set up a specific policy there. But as far as the county is concerned, I think this -- we voted and the BCC voted that there isn't density by right. MS, MOSCA: That's correct. And this would apply to Immokalee, It was a general listing of the programs in place, COMMISSIONER CARON: Then I think we need to say density by right in Immokalee, MS, MOSCA: Would "where applicable" be acceptable? COMMISSIONER CARON: There you go. CHAIRMAN STRAIN: That would work. COMMISSIONER CARON: Good. CHAIRMAN STRAIN: Okay, any other questions on 1.4? Page 8 16 11 A 5 . January 4, 2007 (No response.) CHAIRMAN STRAIN: Hearing none, we can move on. MS. MOSCA: Going on to Policy 1.5. Again, Chairman Strain had a question with one of the words approved, affordable workforce and what the intent is. And my understanding, and Cormac can correct me, approved would apply to the LDC standards for approved affordable workforce housing, With the exception of Ave Maria that's listed, what is most likely to happen, anything that is approved beyond the requirements of the LDC for the affordable workforce housing requirement would be listed in a separate category, ifthey don't in fact meet all of those requirements of the Land Development Code. CHAIRMAN STRAIN: Why is Ave Maria listed when it is not meeting the approved standards of Collier County in regards to affordable housing? MS, MOSCA: Well, it is an approved project and -- Cormac can address that as well. CHAIRMAN STRAIN: Every project in Collier County that has as permit is an approved project. MR. GIBLIN: That's correct, Chairman, Cormac Giblin for the record, the Housing and Grants Manager. Ave Maria is on our list of affordable -- of projects containing affordable units or affordable housing commitments. As evidenced by this very amendment here, prior to this there was no formal requirement by the DCA that we maintain a list. That's what this amendment does, is it puts that in writing that we maintain a list of projects that include affordable housing commitments, Ave Maria being a DRI made certain commitments to this commission and to the Board of County Commissioners of affordable housing that they would include. And in negotiation with staff and with this commission and with the Board of County Commissioners, their development order was approved with those stipulations, So while the stipulations that apply to the affordable housing units in Ave Maria or other DRI's that may come forward may not mirror exactly the affordable housing restrictions as someone getting a density bonus as part of the LDC, nonetheless, they still do have affordable housing restrictions. CHAIRMAN STRAIN: And Cormac, in Policy 1.5 the word approved should be struck. Because Ave Maria's 2,100 units are not meeting the standards of the approved affordable workforce housing in Collier County. In fact, only 200 of those do out of2,100. So either your table's got to be changed to reflect 200, which are actually approved under the standards of this county, or the word approved doesn't apply in Policy 1.5. Or if it does apply, and approved now includes homes that are only deed restricted for two years, as is Ave Maria for 1,000 or 1,700 of their units or so, then you need to include all of that kind of housing in Collier County, not limit it to just listing Ave Maria's, MR, GIBLIN: I believe that the word approved in this sentence is talking about an approved development order that includes affordable housing. It's not -- this sentence does not necessarily refer you back to the LDC definition of an approved affordable housing unit using a density bonus. There may be a development that voluntarily includes a certain number of affordable housing units with or without a density bonus, like Ave Maria did. The word approved in this sentence, I take it to mean an approved development, not an approved -- approval within some guidelines, CHAIRMAN STRAIN: What about straight zoning? So if you have affordable housing in straight zoning, it doesn't count? MR. GIBLIN: No, I would say it would count. CHAIRMAN STRAIN: Okay, then we don't -- then approved in this case means anything that's got a building permit -- MR, GIBLIN: With an affordable housing commitment tied to it. Page 9 ~ A 5 January 4, 2007 'i ;11 _c, CHAIRMAN STRAIN: A commitment. But the commitment now doesn't have to meet the county standards? MR. GIBLIN: Well the county standard, again, only applies right now when someone requests a density bonus, So you can have an approved affordable housing unit that -- of varying different commitments like we do have now. CHAIRMAN STRAIN: So now instead of 15 years being the time frame in which housing has to be restricted in Collier County, it's whatever anybody wants to come forward with, and you'll accept that as an affordable housing unit? MR. GIBLIN: If they're outside the scope of the LDC, if they're outside the scope ofa density bonus agreement, it is negotiated between the planning commission, the Board of County Commissioners, the developer and staff. CHAIRMAN STRAIN: Except in conventional zoning, which doesn't come before those boards. MR. GIBLIN: Again, if they're getting a density bonus, it would. If they're not, it would just be a voluntary contribution to the affordable housing stock, and tough to track anyway and tough to hold anyone's feet to the fire. CHAIRMAN STRAIN: You provided us with a list that's rather lengthy of all the projects that have affordable housing, Are any projects on this list not providing IS-year contract -- the relationships that we're normally used to seeing in regards to duration for affordable housing deed restricted? MR. GIBLIN: Of course I'd say Ave Maria. CHAIRMAN STRAIN: That's the only one, MR. GIBLIN: It's outside the norm. Some of these others, for example, Palermo Cove, is a project on this list that again includes affordable housing but does not include a density bonus. I don't know if -- I don't remember off the top of my head -- Heritage Bay includes some affordable housing units. But again, off the top of my head, I don't remember the exact details of their agreement. CHAIRMAN STRAIN: I'm just wondering why Ave Maria keeps getting singled out as a special district that's providing excessive affordable housing, when in reality the affordable housing they provide, only 200 of the units really meet the program that we're used to seeing, which is a IS-year deed restriction. I just think it's not -- it's disingenuous to put that kind of information on a list that says we have the affordable housing component that we're used to dealing with in this county. MR, GIBLIN: I agree, Mr. Strain. And like Michelle prefaced, when we ultimately provide the list, as required by this new language, we would expect to have another column that details exactly what the affordability restrictions on each development are. So it would be very easy for someone to see these are IS years, these are 10 years, these are five years, these are two years. CHAIRMAN STRAIN: Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: I would just -- Cormac, on this list, when the Ave Maria units drop off their time frame, will you take them off the list? MR. GIBLIN: Yes, sir. COMMISSIONER SCHIFFER: So then we're going to end up with a bigger problem in the future. We're going to be backing this list. You tend to go backwards faster than forwards, MR. GIBLIN: That holds true, though, with any of the units on this list. When they are no longer affordable, then they would not be considered on the list anymore. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: And so when we're coming up with figures like the jump that we're making here from going from 500 affordable units a year to 1,000 -- or what was offered was 1,500 initially __ it was based on essentially taking these numbers and doing a little math, just a little division saying this is Page 10 1 6 / 1/1 , j 5 January 4, 2007 how many units we've approved in the past, you know, "X" number of years and coming up with the fact that the average was whatever, 1,000 units a year. Well, in reality, it's numbers like Ave Maria that skew this and throw it all out of whack and then we're not going to be able to keep pace with what you're trying -- MR. GIBLIN: No, ma'am, I don't -- the target number of 500 or 1,000, or 1,500 or whatever the board ultimately approves, is not arrived at by taking what we've approved in the past and dividing it out by year. It's arrived at by looking at projections for future demand as we get from the Shimberg center and from population studies and demand studies. So we didn't arrive at that number by looking at what we've approved in the past, we arrived at that number by looking at what we're going to need in the future. COMMISSIONER CARON: All right. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I just wonder relative to this would it be useful to create a second row along the Ave Maria area to segregate the housing that is truly appropriate to the standard, leaving the other in some way indicated, And that might be helpful to keep everybody on track in that regard. MR. GIBLIN: Yes, sir, that's what we would plan on doing, And track them by income level and affordability restriction and number of bedrooms and income range and those kinds ofthings. COMMISSIONER MURRAY: Okay, So then you would plan on modifYing this document in any way? MR GIBLIN: Certainly, As soon as this -- COMMISSIONER MURRAY: That might be a start toward making it clearer. Because I do agree with the chairman, CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: While we're adjusting the form, Cormac, could you also take the affordable units and split it up to what's built and what's approved, or at least in the process? Because it's hard to go through this, MR. GIBLIN: There is a column, Number of affordable units and then number of units built to date. COMMISSIONER SCHIFFER: I'm sorry, I didn't see that. CHAIRMAN STRAIN: Cormac, another issue on the affordable housing, and I was provided, and I think everybody was, an affordable housing contribution list. And in that list it lists various projects that are contributing to the Collier County affordable housing something. It tells the time frame and the values and comes up to about $3 million. As you well know, there have been many, many projects coming before this commission that have been required to contribute to the alliance of -- some program in Immokalee, I think it's called the Endowment or Empowerment Alliance ofImmokalee, and Habitat for Humanity, and maybe others. Where are their contributions shown on here? MR, GIBLIN: This is a listing that Corby is putting on the visualizer now, and it may be even updated from the one you have, to include the very latest -- the last board meetings. This is a listing of contributions that are due to the county. Now, there have been other PUD stipulations that occurred prior to the beginning of this list that have been certain commitments made to private not-for-profit groups, the Empowerment Alliance, Habitat for Humanity, the Housing Development Corporation. Those are contributions or commitments that are included in those PUD documents and tracked as a function of the regular PUD monitoring reports in the community development division, The purpose of this list was only to show those contributions made to the county, I mean, we do have a list of everything that's been contributed. But this list was specifically for monies that are going to be made due to the Page 11 '1 (? t";, ,! (~ ! " A .1. '-'. c; January 4,2007 county. CHAIRMAN STRAIN: Weren't those others affordable housing contributions? Weren't they considered that? MR. GIBLIN: They are, but not to the county, CHAIRMAN STRAIN: Well, yes, they are, in the sense that you or somebody -- and maybe the county legal staff needs to opine on this. Through those development documents, we have provided credits against any future county impact fees, inclusionary zoning ordinances or any other ordinances. So in essence those fees or those contributions to other non-profits become a credit against the county-generated revenues we would normally have expected. So isn't that to the county but indirectly? MR. GIBLIN: No, sir. Those contributions that go to the private organizations do not count against future linkage fees or county-imposed fees. In fact, developments have tried to slip that in and make that a point. But time after time we have pointed out that the only way they can be credited against a future county fee is if the payment or the donation comes to the county and not to a third party. In fact, the latest example was Summit Lakes at the last board meeting was asking the board for that very thing for a contribution they were making to Habitat for Humanity, And the county attorney advised them that it would be improper to credit a donation to a third party against a county-imposed fee, CHAIRMAN STRAIN: What about Palermo Cove, a quarter million dollars that went to the Endowment Alliance of Immokalee. Are you telling me that that quarter million dollars is not being credited against their future requirements of any fees they may have? MR. GIBLIN: Sir, I don't have that PUD in front of me, I don't know. But it's been the practice of the staff and the county attorney not to allow those fees to be credited. CHAIRMAN STRAIN: That's new to this board, because the various applicants have come before this board and they stipulate as part of their condition of contribution that they be credited against those such fees. And the recommendation from this board to the BCC was to accept those statements, And I was always under the assumption, because I hadn't been told otherwise till now, that the BCC was also accepting that condition from the contribution provided by the applicant. Mr. -- the county attorney, do you have any knowledge of this issue? MR. KLA TZKOW: The ones that I've worked on, I've kept a wall of separation between monies going to the county and monies going to outside entities so that no credits would be going to the outside entities, That doesn't mean there have not been PUDs or other arrangements made that other attorneys worked on that that wasn't so. You're really getting into an accounting issue. And I think you're right. If there are any DCAs or other agreements where these things should be credited, then there should be a ledger showing that. I just don't know that there are. And I think Cormac's recollection is that there is not. But ifthere is such, then it should be shown. CHAIRMAN STRAIN: I would certainly like staff to find that out. And if that language is as we suspect it might be or might not, include it, because it should be in this document. Ms. Caron, then Mr. Midney. COMMISSIONER CARON: Why wouldn't the Collier County Housing Development Corporation be included? You said the housing development corporation was -- MR. GIBLIN: They're a private not-for-profit group not associated with Collier County govemment, in much the same way that the Empowerment Alliance is structured or Habitat for Humanity is structured, CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: When we've talked about these voluntary contributions in the past, hasn't the entity been called the Affordable Housing Trust Fund? And what is that? Page 12 1611,4 , 5 January 4, 2007 MR. GIBLIN: Well, that's not an entity, that's the name ofa fund over in the county's accounting office. It's a depository where these funds will be deposited, COMMISSIONER MIDNEY: But it's not going to Collier County? The Affordable Housing Trust Fund is holding it for private entities such as Habitat? MR. GIBLIN: No, sir, the Affordable Housing Trust Fund is the name ofa county-controlled fund. It's a fund just like we have a road impact fee trust fund and things -- COMMISSIONER MIDNEY: I thought that's what these payments here were going towards. MR. GIBLIN: That's correct. CHAIRMAN STRAIN: That's what I think we all thought. COMMISSIONER MIDNEY: So I'm confused. You're saying that it's not part of the county but yet that it's being held by the county and it's not going to a private entity. Could you try to clarify that for me? MR. GIBLIN: The Collier County Housing Development Corporation, Inc. is a private not-for-profit group. The Collier County Affordable Housing Trust Fund is a county fund, It's a county-controlled fund, They're two separate issues, two separate -- the name Collier County appears in both, but that's their only similarity, I assure you, COMMISSIONER MIDNEY: But I thought the contributions were going to the trust fund. MR, GIBLIN: They are. COMMISSIONER MIDNEY: Okay, I'm confused, CHAIRMAN STRAIN: I am, too. We've got a county trust fund and then we have, what, at least three private non-profits which have received contributions from some rezoning methodology that's occurred. Is that a true statement? MR. GIBLIN: That's correct. CHAIRMAN STRAIN: Okay. The three non-profits are not linked to the county in reality, just the trust fund is, And the sheet you have in front of us is the monies going to the trust fund; is that right? MR. GIBLIN: To the trust fund, which means to the county. CHAIRMAN STRAIN: Does that help? COMMISSIONER MIDNEY: (Shakes head, no.) Because you're saying that it doesn't count towards any county fees or obligations that a developer has, but yet it's going to the county, MR. GIBLIN: No. Let me back up. This started about 18 months ago when developers took it upon themselves to address the affordable housing issue. Some at the request of this commission or other commissions. To address the issue, they really have a few options. They can either include some affordable units to address the problem, they can make a monetary donation of whatever they felt was an appropriate amount to another entity to address the problem. In the beginning, those donations were funneled directly from the development developer to a nonprofit affordable housing provider: Collier County Housing Development Corporation, the Empowerment Alliance of Southwest Florida, Habitat for Humanity, maybe the Shelter For Abused Women, maybe the St. Matthew's House, those types of affordable housing providers. Those contributions that were made directly or to third parties cannot count, or historically in staff's opinion do not count against any future county-imposed fee that may happen. About maybe 12 months ago we started receiving monies donated directly to the county. And since then, it's been steady. Since then no more have gone to these third-party entities, and they've gone to the Collier County Affordable Housing Trust Fund, which is Collier County. Fees or contributions made to Collier County may apply to a future county-imposed fee. And those are the ones on the list in front of you now, Page 13 ] c.:, J fi i"l r") 5 January 4, 2007 COMMISSIONER MIDNEY: A future county-imposed fee. Because there is none now. MR. GIBLIN: If one should be-- COMMISSIONER MIDNEY: I think I understand now. COMMISSIONER KOLFLAT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir, Mr. Kolflat. COMMISSIONER KOLFLA T: You indicated there were three entities that might receive some of these funds, Could you articulate which three those are? CHAIRMAN STRAIN: Well, from what Cormac has just said, there may be more than three. The three that I recall in our discussions on this board, Habitat for Humanity is one. I think it's called the Endowment Alliance of Immokalee? MR. GIBLIN: Empowerment Alliance. CHAIRMAN STRAIN: Empowerment Alliance ofImmokalee, And then the Collier County Housing Development Authority? MR. GIBLIN: Corporation. CHAIRMAN STRAIN: Corporation. Those three. COMMISSIONER KOLFLA T: Thank you, CHAIRMAN STRAIN: There may be more, but those are the three that I recall coming before this board. Cormac, in relation to your objective one and your changes here, the ORC Report also did respond to some affordable housing issues that were raised, Is it appropriate now to bring up those issues in the ORC Report as they relate to affordable housing for our discussion, or is that something we're going to be re-presented with later in tmlay's meeting? MR. GIBLIN: I'll be happy to address any concerns you have now. CHAIRMAN STRAIN: Well, I'm just trying to make sure that all of our questions get responded to. And the ORC Report did have affordable housing issues in it. And I guess I'm trying to figure out where they started, Page 25 of the ORC Report response, we're talking about the Shimberg Center and a cost per households in Collier County. And I brought this issue up when you weren't here prior to the holidays. Michelle was kind enough to provide me with some information from the Shimberg Center. However, that information basically discussed how they obtained their population statistics. It did not tell me what was in the 26,663 very low, low and moderate income cost-burdened households, meaning how did they derive that number. I went to their site, and I went to the University of Florida's site for Shimberg, I could not find that figure anywhere in either site on the Internet. Maybe I just didn't look at the right place, My concern is that ifShimberg is saying we have 26,663 shortages in households, is that what they're trying to say, is that what you're trying to say in your ORC response? MR. GIBLIN: Well, the Shimberg numbers are not -- do not translate directly to a shortage in affordable housing. Shimberg reports the number of cost-burdened households. So they look at the people already living in Collier County, they look at what they're currently paying in housing expenses and what their income is. And those that are determined to be cost-burdened, in other words, they're spending more than 30 percent of their gross monthly income on housing expenses, make up that 26,000 household number. So you could maybe extrapolate or logically maybe deduce that okay, well, if there are 26,000 households in Collier County that are cost-burdened, paying more than -- essentially living here unaffordably, then they would be prime candidates for something more affordable, But that you do have to consciously make that step. Page 14 16~/l A 5January 4,2007 CHAIRMAN STRAIN: But also, that would include people who want to buy into a neighborhood that is above their means just because that's where they want to be and they don't want to be in another neighborhood. Is that a fair statement? MR. GIBLIN: It does. But I think that -- I mean, if you look at the gross number, it would include people like that But when you look at the net number, which is only a very low, low, and moderate income households, I think the likelihood of that diminishes. CHAIRMAN STRAIN: The reason I'm bringing it up is because it seems that that use of that 26,663 and then the projections for the future were what became the basis to equate the approximate I,OOO-unit need per year of affordable housing. And if that 26,663 is maybe inappropriately applied, then that would certainly have an impact on the amount of affordable housing that we mayor may not need. I'm not saying we don't need it, that would be a wrong statement But I certainly want to make sure that the number we come up with is accurate as a goal. And I'm just wondering, if you use the 26,663, how does the 1,000 equate to that, ifit isn't really low-income affordable housing? Or if it is, I just need to know that MR. GIBLIN: Sure, The new goal of 1,000 units per year encompasses everything from low income, very low income, homeless, all the way up to the new definition of gap housing. So in a sense the target pool has increased from what it used to be in the past But using the Shimberg numbers as a base, a starting point, is really -- Shimberg is the state-approved, the DCA-approved authority for affordable housing needs assessment To use anything else would -- needs very substantial documentation and approval by the DCA. So however Shimberg determines their numbers or whatever their methodology is, that is the state-approved methodology, CHAIRMAN STRAIN: And I reviewed their site in detail, and I don't doubt what you say, that they do a very thorough job. I couldn't find, though, a differentiation between people in the low-income bracket who are truly needing an affordable house versus those in a low-income bracket who have bought into a neighborhood that they purposely bought into because that's where they wanted their kids to go to school or something, so they generated their own problem. I didn't see where Shimberg differentiated that all, and that was just my concern. Mr. Midney? COMMISSIONER MIDNEY: Thank you, Cormac, the Shimberg data, that is not at all related to our population estimates here that we're going to be talking about shortly? MR, GIBLIN: Well, Shimberg is based on population. They use mainly the census data to establish their population. And I think what we've done in an effort to arrive at this 1,000 unit per year goal is try to merge the Shimberg population estimates and their housing needs assessment with our population growth projections to try to obtain a number based on fact COMMISSIONER MIDNEY: Mark, I have a problem with the population estimate for Immokalee, especially the migrant But since we're going to get to that, why don't we wait till we get to that point, even though it does relate to this estimate of housing need. CHAIRMAN STRAIN: We'll probably have a lot of questions on population. MR. COHEN: Commissioner, for the record, Randy Cohen. I just wanted to clarify, you raised the point pertaining to the ORC Report as it applied to this particular objection raised by DCA. Ms. Mosca and I spoke with Bernard Piowa with DCA to make sure what does DCA want back from us, And the root of what they wanted was from the Shimberg study. Obviously, Ms, Mosca modified Page 15 r; , / L A ~ J:,'" } January 4,2007 the Shimberg study data with respect to population to match our projections. And if you would like her to clarify what she's done and how she did it and why, she's here to do so. But the methodology that we used we discussed at length with DCA, and they seemed to be satisfied with the route that we were going, CHAIRMAN STRAIN: I don't need any further -- I'm getting the clarification I need from Cormac, Thank you. Cormac, on the ORC Report, we also talked about making sure the City of Naples, Marco Island and Everglades City provide their proportionate share of affordable workforce housing, And we're going to do that through some financial equivalent methodology. Could you tell me, right now you currently are floating a document around internally called an inclusionary zoning ordinance. You're working on an inclusionary zoning ordinance. If you're not, that would be news, MR. GIBUN: Well, work on that has taken a back seat to what we're referring to now as the linkage fee ordinance. The linkage fee ordinance needs to come first and then an inclusionary zoning ordinance would follow. But there was a draft of an inclusionary zoning ordinance prepared seven, eight months ago. But since then it has not -- CHAIRMAN STRAIN: What is the buy-out proposed or thought about in the inclusionary zoning ordinance? MR. GIBLIN: See, that's the reason we need the linkage fee ordinance first, because the linkage fee ordinance establishes a buy-out fee. So we're working with Dr. Nicholas and various outside legal counsel to develop and really develop a study to put hard dollars to what is the value of not providing an affordable unit or what is the value of providing one, And so when the linkage fee ordinance is finalized and then hopefully approved by the Board of County Commissioners, that will establish the buy-out fee. CHAIRMAN STRAIN: Linkage fee, though, applies to commercial, not residential; is that -- MR. GIBLIN: The way it's being written is we're encompassing both residential and commercial. And the residential would essentially establish that buy-out fee. CHAIRMAN STRAIN: So then you're eliminating the inclusionary zoning ordinance? MR. GIBLIN: No, sir. CHAIRMAN STRAIN: So you're going to have an ordinance -- a linkage fee ordinance that establishes commercial and residential tie-ins to affordable housing. And you're going to have an inclusionary zoning ordinance that does it as well? MR. GIBLIN: Yes. CHAIRMAN STRA1N: Is there -- the buy-out for the inclusionary zoning ordinance, because that's the one most related to residential, which creates an affordable housing element, what are the current thoughts as far as the ranges go for the buy-out of that? I'm just -- out of curiosity. MR. GIBLIN: For residential development it's a square footage basis, We've only seen estimates to this point We don't have any hard data. It would be close to what the development community has come forward to in terms oftheir voluntary contributions, I would think. Close to or maybe a little bit more, CHAIRMAN STRAIN: $1,000 a unit? MR. GIBLIN: Close to or maybe a little bit more. CHAIRMAN STRAIN: You shouldn't be wasting your time with inclusionary zoning then, because that sure isn't going to buy an affordable housing unit Where I was trying to go with this is we've Page 16 16/1 '" II , , -'mary 4, 2007 got current documents arranged with the City of Naples and the City of Everglades or Marco Island in regards to their affordable housing. Basically they supply us a small contribution. And if! remember correctly with discussions of this panel a year ago, those contributions weren't even enough to provide one affordable housing unit They're very minor. I notice this language that you have in the ORC Report response says that we are going to have a financial -- there's going to be a proportionate share and financial equivalent will be evaluated and substantiated by the most current data, studies and methodologies available to the county. I'm just trying to understand how you're going to establish that If you're going to the trouble to have a linkage fee and/or an inclusionary zoning ordinance, it would seem practical that any affordable housing buy-out recommended by those ordinances would also be applicable as a financial equivalent for a unit in regards to how the city should be buying out of their obligations. Is that something that someone is going to be considering? MR. GIBLIN: Yes, sir. CHAIRMAN STRAIN: Any other questions at this point? (No response.) CHAIRMAN STRAIN: Is there anything else on the affordable housing from your side, Cormac, or Michelle's? MS, MOSCA: No, I don't have anything else, unless you have any additional questions, CHAIRMAN STRAIN: Are we in a position that you want us to vote on this particular issue at this time, or are we going to do this somewhere where you walk them all through to the end and do them one at a time at the end? MR. COHEN: I would it would be appropriate to establish a preliminary position with respect to each of the questions that you raised in the element And then at the end of the day, go ahead and take a vote on each individual element CHAIRMAN STRAIN: Go ahead, Ms, Caron, COMMISSIONER CARON: I just have one comment to make. Back to --let's just make sure it's the same on everything. Objective two, CHAIRMAN STRAIN: What page are you on? COMMISSIONER CARON: Well, I'm actually looking at what we had received last time, objective two, Policy 2.1. Now, I don't see that -- oh, yes, I do see that included. It says here the Collier County Housing Development Corporation shall assist the county in reaching its affordable workforce housing goal. So why wouldn't -- back to my question earlier, why aren't they counted in your chart? I mean, they are very much part of this county. We gave them the grant to get started, they are part of our GMP, and yet nothing they do will be counted? MR. GIBLIN: They are part of the county, again, much in the same way that a Habitat for Humanity, Incorporated is, We give Habitat for Humanity grants, we give -- Habitat for Humanity builds units. COMMISSIONER CARON: But they are not part of our GMP, Habitat for Humanity. MR, GIBLIN: They were added by name here in this amendment because, if you recall, the prior objective was that by 2002, Collier County will assist in the creation ofa new not-for-profit housing development corporation, We did that Collier County assisted in the creation of the Collier County Housing Development Corporation, Incorporated. And then the ORC request from the DCA was okay, you told us you did it, but now what will they do? COMMISSIONER CARON: And the big thing we're going to ask them to do is hold workshops Page 17 16"1 A t; , January 4,1007 and fairs to raise awareness? Somebody's-- MR. GIBLIN: And work with other nonprofits to purchase developed parcels contributing-- COMMISSIONER CARON: All sort of squishy kind of semi commitments. I just don't get it. MR. GIBLIN: Well, those workshops, fairs, partnering with developers, purchasing land, contributing funds towards the purchase ofland, those are all things that need to occur in the entire affordable housing world here. And those are things that Collier County does not necessarily do ourselves. And so we need to have those types of nonprofit partners to help us achieve those goals. CHAIRMAN STRAIN: Maybe a solution would be to provide a little more generic references to it by saying something to the effect not-for-profit entities such as the Collier County Housing Development Corporation may assist Collier County. That way -- MR. GIBLIN: I very much agree with that suggestion. Because we don't know if this organization may change its name or may merge with something else in two years, and then we've got their name in black and white here in the GMP. So I agree with that suggestion. CHAIRMAN STRAIN: Okay. Mr. Midney? COMMISSIONER MIDNEY: In terms of the -- we talk about creating 1,000 new units. I'm a little bit concerned, especially from what's happening in Immokalee, they're talking about destruction or demolition of833 units within the near future, most of them -- well, all of them serving the low-income people ofImmokalee. Some of them are uninhabitable, but others are just substandard. And to me it would seem that it would be much cheaper to rehabilitate existing units than to build a new unit. To build a new, you know, apartment or home is many, many, many thousands of dollars. And I think that we could get more efficiency with our money if we put in our goal something to be more aggressive about rehabilitating existing units instead of demolishing them. MR. GIBLIN: In some of the other objectives and policies, there is specific language about rehabilitation of affordable units as one of our policy goals. In fact, it is one of my department's main task is rehabilitation, specifically in Immokalee. I don't believe that that belongs in the 1,000 new units goal. But -- COMMISSIONER MIDNEY: I'd like to see it on an equal par, because it's a much more efficient way of saving housing or creating, if you will, housing, by preventing the destruction of housing that is now slated to be destroyed, And I'd like to see it put in here that yes, we will create this, but we will also -- I'd like to see more emphasis on rehabilitation. CHAIRMAN STRAIN: But Cormac, didn't you just say there already was a policy that does that? It's just that it's not being changed, so it isn't in this portion of what you're seeing. This document we have in front of us only reflects the changes that are being suggested, The other elements and policies that are in place and are being used aren't shown here. Cormac's indicating there is one that does what you're indicating. MR, GIBLIN: Yes. And even if you just look at objective one, when we talked about the number of new affordable workforce housing units shall increase by I ,000 units each year. That doesn't say that they all need to be new construction or they should all be rehabilitation units. So that does give us the flexibility built in there that those units can come to the market or come to the surface through whatever means necessary or whatever means appropriate by the county, COMMISSIONER MIDNEY: Well, I'd like to see something about creating I ,000 units. But I'd also like to see some expansion of the plans for renovation, because I think that will be very efficient in terms of cost effectiveness. And maybe we need some new initiative for that to increase it. Because right now in the Immokalee master plan, they're talking about very soon demolishing 833 units, most of which will be Page 18 16 il 4, ~ January 4,-1007 serving migrant farm workers, which will cut out a very large percent of the housing stock that services those people, CHAIRMAN STRAIN: I understand what you're saying, Paul. Maybe at the next round of GMP issues, if that paragraph or that policy needs to be addressed, staff can bring it forward. It isn't up for discussion today because it's not one of the policies that are listed here. If you have it with you and you've got changes suggested to it, I would suggest giving it to staff so we can implement it at a time and notification process. But I don't know how you're going to do that on a policy that's not in front of us for changing today. That's the only reason I bring it up. MR. GIBLIN: Mr. Schmitt wanted me to clarify that the migrant housing issues for the county are for the most part handled by Collier County Housing Authority and the Collier County Health Department. Both are separate, I know the word Collier County again is in the title of both of those entities, but those are separate. But I assure Commissioner Midney that housing rehabilitation and specifically housing rehabilitation in Immokalee is a top priority of our department. And in fact we're going to be coming to the Board of County Commissioners in a couple of weeks with some state housing disaster dollars that for the most part is all dedicated to Immokalee, And for the most part the majority of it is going to be funneled to rehabilitation of existing substandard and dilapidated units. CHAIRMAN STRAIN: Okay, we've made some text suggested changes that I know staff has taken note of. And we've also made some previous comments earlier that have now been incorporated into the language in front of us. I think what is recommended by stafflater this morning, we will vote on each element one at a time in finality. But conceptually at this point to move past this one, is there a motion as from concept that this is so noted -- from a concept basis this is okay to more forward? COMMISSIONER ADELSTEIN: So moved, CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Seconded by Commissioner Schiffer. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye, COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER MURRAY: Aye, COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye, Thank you. Corby, just out of curiosity, so I know when to stop, is there any public speakers registered for any parts of the EAR today? MR, SCHMIDT: Not that I'm aware of, Mr. Chairman. CHAIRMAN STRAIN: Okay. With that, we will move on to wherever staff wants to go next. Page 19 )<; 5 It: . ~ January 4, 2007 MR. COHEN: The next element on the agenda is the recreation and open space element. CHAIRMAN STRAIN: That would be starting on Page 5? COMMISSIONER SCHIFFER: Mr. Chairman, while people are coming up, could I just make a suggestion that we don't use magenta as a highlight color again? Especially in the dim lighting. CHAIRMAN STRAIN: How about light magenta next time. MR. SCHMIDT: So noted. MR. COHEN: It just happens to be Corby's favorite color. MR. SCHMIDT: The recreation and open space only has a few revisions there, And yes, they are shadowed in, but it's a simple removal of references to the old -- or the soon to be old population methodology or terminology regarding weighted average population calculations, Otherwise, there were no changes to bring before you for the recreation and open space element. CHAIRMAN STRAIN: Corby, a few weeks ago we had to deal with the AUIR, and we did it jointly with the productivity committee. And if! recall, I know this panel as well as I think the members of the productivity committee felt questionable about the values used for the acreages and even the values in dollars from the recreation for both community and regional parks. If I'm not mistaken, we were instructed that because those values were locked into the GMP, we had to use those in last year's AUIR. And the panel's requested a review of the basis for those so that next year's AUIR might need to be changed based on some different statistics or evaluations. So now my concern is under Policy 1.1.1, A and B and C, you've locked in values again, And I don't want staff to be in a position where they have to come back to us next year and say well, you're right, we should look at this again, but we can't because it's approved in the GMP based on last year's EAR, So I don't want us today to put us in the same situation we were told we couldn't change a month ago in regards to the statistics used to multiply for the AUIR. So tell me how we get around that little problem, based on what we have here in front of us. MR, COHEN: Mr. Chairman, it's probably more appropriate for me to answer that question for you, rather than Mr, Schmidt. As part of this year's EAR-based amendments, they go back to the 2005 AUIR. And we've incorporated that particular AUIR numbers into these particular EAR-based amendments. However, under instruction from both this board and also from the Board of County Commissioners, you asked us to take a look at population. And in conjunction with the objection from DCA, we did so accordingly as well, too. As part of this year's AUIR process, you're well aware that yourself and also the productivity committee raised some major issues with respect to how we measure levels of service. Are we tied to those particular levels of service. It's not unusual to revisit levels of service at various increments, and then if you decide to make a change to go ahead and to incorporate then into a future AUIR as well as a future GMP. Please take note that if you're going to do that also, that there's going to be ancillary effects with regard to things like impact fee ordinances and some other items as well, too. So there's going to need to be some study with regard to that. If we have a level of service, for example, for recreation and a decision is made to change that level of service based upon whatever factor that may be. For example, I know our parks and recreation department right now is doing an inventory of all our facilities and making a determination of what they have and what their respective needs would be with regard to a variety of different facilities. That would very well change how we go about doing things. And I know that's the direction that we've received from you. So are we tied into something? Any time we want to change the CIE, whether it's in a narrative Page 20 ~. 16 ~aLi4~oo7 form or whether it's part of a table or changing the timing of an improvement or removing or adding an improvement, we're going to be required to revisit this document on an annual basis. That's a requirement starting March 1 st, 2008. In subsequent years we will have to by statute provide DCA with an update of this element and any respective changes that you decide to make or recommend to be made to be changed and the BCC acts on, what we've provided the DCA with the proper data and analysis. So you're not tied in, CHAIRMAN STRAIN: Randy, when that question was specifically asked of you during the AUIR, we were told we were tied in, And because it was tied into last year's -- or to the prior CIE, we couldn't change the AUIR. MR. COHEN: We're tied into the population methodology as adopted, We're tied into -- which is the basis for the CIE, And I think we wanted to change population methodology at that point in time, CHAIRMAN STRAIN: We brought up -- we specifically brought these numbers up. This 1.2882 and 2.9412 were brought into question by this panel at the AUIR. We were told because it was adopted in the GMP, we could not change it, but that next year you guys would look at coming back with a possible change to it. Now I'm wondering how you can do that based on your previous statements if it's locked into this EAR through the GMP? MR, COHEN: I don't believe that absolute statement was made that you can't change it. CHAIRMAN STRAIN: No, no, we can't change the AUIR use of it because it's in the GMP. MR. COHEN: Well, that was a problem with this year's AUlR because of the EAR-based amendments going through the process. This AUIR is for this particular year, because of the EAR-based amendments going through the process -- CHAIRMAN STRAIN: She can't hear you, MR, COHEN: Excuse me, This AUIR, because of the EAR-based amendments going through the process the way they have been for about a year and a half or two years is kind oflike an anomaly. It's not the normal AUIR that you're going to be using because it's based on -- and this is where the problem is: It's based on the population methodology as set forth in the GMP, which is different than the population methodology that's going forward with the EAR-based amendments. So for all practical purposes, this year's AUIR becomes more a planning tool for this year as opposed to a mechanism for something that would go in to create a CIE for this particular year. Because what would happen is if we were to provide a CIE based on this year's particular AUIR, it would be based on a population methodology which DCA says now is unacceptable. However, it is the accepted population methodology by this Board of County Commissioners and will not change until we go through the EAR-based amendment process and DCA finds it in compliance. There's no objections or it doesn't go to hearing and then finally gets adopted. So the AUIR this particular year is really -- it's an anomaly, it's something that in future AUIRs you will be able to do what you feel in terms of recommending changes to levels of service based on the new population methodology, whether you decide to change from a population-based methodology to some other type of methodology. And the supporting data analysis to do so, you can revisit that as well, too. So this AUIR this year was really not the time to do it because of the problem with the population basis, which is flawed, in DCA's opinion, and asked us to change that. CHAIRMAN STRAIN: Randy, let's go back to Policy 1.1.1.A. It says, 1.2882 acres of community park for 1,000 population. It really doesn't matter then if the population in this county is 300,000 or 400,000, the 1.2882 is per 1,000. Now, are you telling me -- and I'm going to ask the county attorney to opine that this is correct, so Page 21 1 (( ;~, 5 January 4,2007 that at the next AUIR, which will be sitting here for, we can tell you you're wrong and we can go forward and change the AUIR -- are you telling me that if this is approved in the EAR as 1.2882 per 1,000 population and 2.9412 per 1,000 population and $270 per capita of population, that those numbers in the EAR now, adopted in the OMP, do not have to apply to next year's AUIR? Is that what you're telling me? MR, COHEN: Mr. Chairman, for the record, you can make recommendations in the AUIR process to change the levels of service, okay. If you do that -- for example, the 270 that's in there used to be, if! recall correctly, 245, and there was a recommendation at one point in time to change the 245 to 270. So the mechanism exists in the AUIR process to modify a level of service if you find it to be inadequate. That would then translate into a respective change in the CrE, based on your recommendation to the Board of County Commissioners, okay, concurred with that recommendation and determined to proffer that to DCA as part of a change in the CrE. For example, and this is a hypothetical, we have potable water and sanitary sewer, we have levels of service with respect to consumption. If that consumption, for whatever reason was to change based on, say, use of gray water, okay, and as a result of that we no longer were needing that much potable water for consumption purposes in a certain area, it would be incumbent on us to visit that item in the AUIR with a reduction obviously in that consumption, and make a respective change also in the CrE, So are we stuck with certain numbers? The answer is no. You have the right to revisit them. Jurisdictions statewide revisit their levels of service at various times and make respective changes based on data and analysis. You may find for recreation purposes when our recreation department comes back and they do their analysis of existing facilities in conjunction with facilities in PUDs that you do not need certain acreages or certain facilities and as a result of that data that's being collected make a subsequent change. They didn't have that data analysis for four years as part of this AUIR or CrE, but they indicated that they would probably have it for the next one, CHAIRMAN STRAIN: Mr. Klatzkow? MR, KLATZKOW: You can change it next year. CHAIRMAN STRAIN: Okay. I want to ask you, when you say we can change this, I'm specifically talking about the two numerics. One -- MR. KLA TZKOW: I understand. You can make a recommendation to the board that the board relook at this and make a change to it, yes. CHAIRMAN STRAIN: So in order to change the number that's used in the AUIR, the board first would have to go back in and change the CrE; is that correct? MR. KLATZKOW: That's my understanding, yes. CHAIRMAN STRAIN: Okay. And that's the problem we ran into this year. We were told we could not change the A UlR statistics because they were locked in by approval of the OMP . You're asking us today to do the same thing -- not you, sir, but staff -- to approve the numbers that we questioned last year in the AUIR, again approve them in this OMP amendment that gets locked in and that can't be changed before the next AUIR comes out. So how is that accomplishing any of the goals that this panel and the others talked about over the AUIR process? I'm just -- this isn't going to work under this basis, at least as far as my vote goes. MR. KLA TZKOW: I understand, CHAIRMAN STRAIN: Okay. I have no more to say on the recreation and open space elements, Does anybody here? COMMISSIONER TUFF: Are we getting an answer yet? CHAIRMAN STRAIN: Well, you're going to get a round and round answer. I mean, we've been going around this for IS minutes now and gotten nothing. So I think the conclusion is ifthis EAR is approved with these numbers, that's what's got to be used Page 22 16/1 ,4ft:; January 4';"2007 in the AUIR, unless you go back in and change this first, which I don't think there would be enough time to because you've got to go to DCA and the whole process before the AUIR can be recalculated, So in the end we're locking ourselves into another AUIR. Mr. Adelstein? COMMISSIONER ADELSTEIN: What if you don't approve it? CHAIRMAN STRAIN: Well, that's up to this board. We can vote any way we want Right now I'm inclined not to, so -- there's a huddle going on, does that mean we should wait to proceed? COMMISSIONER CARON: Take a pause. CHAIRMAN STRAIN: Take a pause here for a second? CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yes, thank you. I'm not clear, are you more having problems with the population estimates or the levels of service? COMMISSIONER MURRAY: Both, CHAIRMAN STRAIN: Well, it's the numbers 1.2882 and 2.9412. COMMISSIONER MIDNEY: The levels of service. CHAIRMAN STRAIN: If you want to call them a level of service, yes. And the $270. I am not comfortable with any of those as far as how they would apply in next year's AUIR. We specifically asked that all departments in the AUIR look for alternatives for measurements oflevel of service, That is items like calls for service, The one gentleman from the productivity committee specifically said the libraries have accurate door counts, Why aren't we using those to generate the need for new libraries? Whether they're good or bad ideas isn't the issue. We want the right to be able to explore those, And this document would take that right away, based on what I'm hearing from our attorney. COMMISSIONER MIDNEY: Well, could you suggest like an alternative methodology for determining, you know, the, quote, level of service or level of provision of opportunity for parks and recreation? CHAIRMAN STRAIN: That's what we asked staff to come back with to us in our last AUIR meeting, Yes, Mr. Schmitt. MR, SCHMITT: For the record, Joe Schmitt, your Administrator of Community Development and Environmental Services Division. I understand exactly what you're saying. You're kind of thinking you're caught in a do-loop, It says it, therefore you have to apply it CHAIRMAN STRAIN: A do-loop, I like that Is that military? MR. SCHMITT: A do-loop is the old Fortran, don't you remember? Anybody that did Fortran years ago, Fortran programming, That's like really ancient, Corby, MR. SCHMIDT: I was there, MR. SCHMITT: Those were punch card days, you know? CHAIRMAN STRAIN: Yeah, I remember those, MR, SCHMITT: Why don't we make this more generic in a sense that a level of service will be established annually as part of the CIE and applied during the AUIR process or some verbiage to that, that gives the Board of County Commissioners the option annually to change the level of service certainly based on budget, based on need, or based on perceived or assessed needs or whatever. Because you're right, if it's in the GMP, then we apply it And if we want to amend it or change it, I need to go back and amend the GMP, So maybe a more generic sentence would work But I have to defer to Randy. You've been talking to the DCA and Bernard. Would they accept a more generic type of statement in here? Page 23 16' I 1 A 5 January 4, 2007 MR. COHEN: What we would need to do is to include a policy in the CIE which would actually-- similar to population where they ask us to review it on an annual basis, where we could put something in the policy in the CIE that says that we will be reviewing levels of service on an annual basis. CHAIRMAN STRAIN: Can you put that policy in the CIE and have it effective so that when this future AUIR comes up, which I know is going to come up around midterm in 2007 -- MR. SCHMITT: You're going to see that early. We're going to be starting that probably in the May, June, July time frame. You may see it as early as August or September this year. CHAIRMAN STRAIN: I'd like to see, though, I'd like make sure that we have and the other board has the flexibility to question these kind of things so we're not locked into it, so we don't have the do-loop you're talking about. And as long as the language in this policy can be flexible enough to provide that, then I think we're in good shape. MR. COHEN: Mr. Chairman, obviously we can include the language in the policy. The key is the effective date of that policy. Ifwe don't get tied up in an appeal or administrative hearing, it will be effective before the AUIR goes before this body, as well as the BCC. And then you'll be fine to go ahead and move along along the lines that you want to. CHAIRMAN STRAIN: Well, this document in front of us today, if it's written flexibly, should have ample time before August to be effective. ]s that a good assumption? MR. COHEN: The problem with the assumption is is that ifit goes through the process and it's not appealed and it doesn't go to hearing, then we're fine. If it does, then it wouldn't have an effective date until such time that those issues are resolved. CHAIRMAN STRAIN: Okay, And then we fall back on what's currently in place-- MR. COHEN: Yes. CHAIRMAN STRAIN: -- which is last year's, so we can't do any worse than that. MR. COHEN: Correct. CHAIRMAN STRAIN: Okay, Well, then, I think you need to come back to us on this one, though. Do we have time before the BCC? MR. COHEN: We go to the BCC on the 25th and 26th, but we can provide you with language-- you mean on the l7th? CHAIRMAN STRAIN: On the ] 8th -- MR. COHEN: A simple language statement? MR, SCHM]TT: I would propose one of two things. Let's at least table this. I think maybe between now and by the end of the meeting that we can come back with some language, we'll bring it back at the end of the meeting. Because you're going to be hearing some land use petitions. Otherwise we'll have to bring it back the next meeting and discuss it. But I understand exactly what you're saying, And in fact your logic to me is absolutely correct. I think I'd just make this generic. I just need to figure out at the point where we would change the level of service, because the board makes that final decision, and it's certainly based on budget and assessed needs, kind of balancing both. But we want to give the latitude to change this level of service, similar to what we did with the EMS and some other type of levels of service where we ought to have some generic statement in here that that applies. So we'll look at that. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeab, just for my own clarification again. You don't have a problem with tying ]evel of service to population, so as the population grows then the ]evel of service would grow by proportionate amount. You want to attack the level of service, how they come at that level of service, how could they calculate it, right? I'm asking Mark. MR, SCHMITT: That's what I understood the chairman argued -- or probably not argued, but Page 24 .-!,(J '1 A 5 i january 4, 2007 addressed during the AUIR, CHAIRMAN STRAIN: Well, there needs to be a truthing of how that's calculated, COMMISSIONER MIDNEY: Right. CHAIRMAN STRAIN: Then that truthing needs to be applied in a manner that we can use it in the AUIR, which would then require some flexibility in the language in this EAR COMMISSIONER MIDNEY: But there's no problem with the linkage to the growth of population? CHAIRMAN STRAIN: No, not if they can justifY it. I think if there's a better way to do it -- now, we had suggested each department look for possible better ways. I'm not sure parks and rec, has a better way, They refer to a document that they use also called SCORP from the state, But in looking and reviewing the 300 pages ofSCORP, I found out they're not following SCORP either. So somewhere there needs to be some standardization that we can rely on, And that's what we asked each department to look at before the next AUIR. And all I'm trying to assure is that if they come up with a better system, it can be implemented and we're not locked into an archaic system based on the GMP language. That's it. Okay, so we'll just table this one until later today or possibly the 18th. And you'll come back to us today on that. Corby, where are we going to next -- is there any other comments on parks or on rec. open space? (No response.) MR, SCHMIDT: At this time, Mr. Chairman, I think I would suggest going to the beginning of the staff report and returning to the capital improvement elements and population calculation methodologies, of which Mr. Cohen is prepared to address, CHAIRMAN STRAIN: Okay. Well, we normally take a break at 10:00, I think that's going to be a rather entwined subject, so let's take a I 5-minute break and come back here at five after 10:00. Thank you, (A break was taken.) CHAIRMAN STRAIN: Okay, we resume the meeting. But before we do, I just spoke with the county attorney about the -- during the break, I spoke with the county attorney about an issue concerning our agenda today. First of all, I want to know if anybody is here from the public to speak on any of the elements ofthe EAR, Okay. With that in mind then, and based on the comments I've received from the county attorney, we can modifY the agenda to move forward with the two public hearings we have to accommodate those in the public who are here to address those two and then come back and do the EAR afterwards. And since we're here to serve the public, I think that that would be the best thing we could possibly do. So I need a recommendation from this board -- COMMISSIONER KOLFLA T: So moved, CHAIRMAN STRAIN: -- to modifY the agenda to go forward with the two public hearings, which are items 8(B) and 8(C). Mr. Kolflat, you -- COMMISSIONER KOLFLAT: So moved. CHAIRMAN STRAIN: Motion made, COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. All in favor, signifY by saying aye, COMMISSIONER KOLFLAT: Aye. Page 25 16 . 1 ,'"- <l\ ,. 5 January 4, 2007 COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye, COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Item #8B PETITION: BD-2006-AR-IOI 18 Great. We will move into the first of the two public hearings, which is a boat dock amendment. It's Petition BD-2006-AR-I 0 118, Richard S. Downs, represented by Davidson Engineering. And it involves 25 Pelican Street West, lot 74, Isles of Capri No, 1. Would all those wishing to speak on behalf of this petition, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: Let me, for clarification to the public, if anybody is willing -- is wishing to speak on any subject, they have to fill out a little one of these speaker cards. They're out front on the desk out there and you have to turn them in to the county attorney right here. Even on this issue or even on the next one, the one on Manatee Road, if you want to speak, fill out one of those cards and please give it to the county attorney, and that way you're registered to speak. Are there any disclosures on the part of the planning commission on this issue? (No response.) CHAIRMAN STRAIN: I got a phone call from Mr. Hancock, asked me if! had any issues with this, I told him at the time he called me I did not have any and I'd like to see what came out oftoday's meeting. Any others? (No response.) CHAIRMAN STRAIN: Okay, with that, Mr. Hancock, it's all yours. MR. HANCOCK: Good morning, Mr. Chairman, members of the planning commission. My name is Tim Hancock with Davidson Engineering, here today representing the property owner and the applicant Richard and Ann Downs of 25 Pelican Street West in Isles of Capri, Florida. The item before you today, Boat Dock Extension 2006-AR-IO-118. It deals with property that is located to the south of Pompano Bay in Isles of Capri. If you're looking at the aerial in front of you, the westerly view is to your left, Easterly view is to your right. And the property lies on the south end of this bay. A little bit closer, what you can see here and this really graphically illustrates the basis and reasoning for the request. Pompano Bay at its narrowest point extending to the north is about 900 feet. The bay is seawalled on three sides, And as you can see in certain areas, accretion has occurred to varying degrees. Some homes on the bay need only go out the required 20 feet or are allowed 20 feet to have access to water deep enough for a small craft. Other properties, such as the ones to the west ofthe Downs', have to go out considerably further, in some cases in excess of 100 feet, in order to achieve a depth that allows for the use by watercraft. And by watercraft what we're talking about really are small boats, This property has already received a permit from the Florida Department of Environmental Page 26 1611A ~ January'4,2007 Protection and the Anny Corps of Engineers to allow for a dock and to moor a vessel up to 26 feet in length. So we're not talking about large cabin cruisers, although I'll tell you, some of these properties have been configured in such a way that allow that. The Downs are currently building a house on the property and wish to have this dock constructed so that they have use and access to the water in a reasonable fashion consistent with the completion of the house. This picture is fairly recent, taken yesterday. As you're standing behind the property and look to the west, this is the dock that you saw on the aerial that extends through a mangrove area and out some 100 feet plus or minus to allow for the mooring of this particular vessel. As you look to the east, the grassy lot here, the home has been tom down and is under construction. As you can see, we're assuming this dock is going to be replaced or modified at some point. The planks have been taken up. But again, similarly to what you're going to be seeing with the Downs' property, this dock extends out approximately 50 feet from the seawall, again to reach a depth suitable for small craft. The dock, as proposed and approved by the FDEP, is roughly centered on the property with a four-foot walkway extending seaward to a terminal platform and a small walkway here, There would be four mooring pilings that would support a boat lift ultimately, And what's shown here is an approximate 23-foot boat with an eight-foot beam. The facility itself, according to DEP standards, is less than 500 square feet in total area. There are no sea grasses present. And the issues dealing with the manatee are minimal, if any. Again, the water's really not deep enough to accommodate the manatees in this area. I would like to clarify, the request for the extension today is actually a request for a total of 55 feet. There was a simple math error in your staff report that added the 20 foot to the 55. The truth is the 20-foot line, as you can see from this example, expends out to right here, and the water depth at mean low is 1.3 feet. Certainly not suitable for anything but the skinniest of flatboats. The 55 feet is a total distance from the existing seawall which has been recently reconstructed under permit to the outside of the mooring piling, The actual dock itself extends approximately 42 and a half feet, and then we have an outboard mooring piling which will eventually support a boat lift in this location. The purpose for that link is quite honestly simply to get to a point where the landward side of the dock is sitting in four feet of water at mean low tide. This will accommodate small to medium-sized vessels, certainly up to the 26-foot lengths that are approved by the FDEP. To give you an idea of just how shallow the water is, yesterday this nice lady was up to her calves halfway out to her boat and her dog is standing right here. So it's fairly shallow. I appreciate them deciding to exercise while I was out there taking pictures, But this shoal's out a little bit further than the Downs' property does. As you can see it's a little bit shallower here. So the request here is based on a couple of basic facts: Number one, this is waterfront property, and reasonable right of use of the water is inherent in the purchase of waterfront property, Number two, the conditions that exist behind the Downs' property are not of their creation. They are in essence a result of development of the Isles of Capri and the natural accretion that occurs many times in bays like this that don't have a tremendous flushing action, We believe it's stable enough that -- the bottom is stable enough that the dock length that's being proposed is the minimum variance required in order to obtain reasonable use of the land. And we think the dock that is proposed is -- there's no boathouse proposed with this that would require a separate process. It's simply a four-foot walkway out to a terminal platform with mooring pilings for a boat lift at the end. The Downs have also installed or will be installing two sets ofladders. They're avid kayakers and look forward to continuing doing that in the surrounding waters. With the exception of the one change to the staff report that the total distance of the dock is 55 feet, Page 27 16 J 11\ 5 January 4, 2007 not the 75 feet that was proposed, so the variance is actually a 35-foot variance beyond the 20 feet, we are in concurrence with the recommendations and findings of staff that deem this application to be consistent with the Land Development Code. And at this time we would be happy to address any questions you may have. CHAIRMAN STRAIN: Ms. Caron and Mr. Kolflat and Mr. Adelstein, COMMISSIONER CARON: Thank you for the correction, That was very important. Just as a point of reference, will your dock extension bring you approximately in line with the boathouse? MR. HANCOCK: The one to this side over here? COMMISSIONER CARON: Yeah, to your right. MR. HANCOCK: Yes, ma'am, very close. The bottom topography is a little bit different. We drop off a little faster here but we still don't get to that minus four any faster than they do, So I've walked the area out there at low tide and it's going to be roughly similar to that existing boathouse. I think if someone were looking at this and thinking 75 feet they would have thought, hey, that sticks out much further than what sits there today, particularly if you're on this side looking towards the west. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, could you put the plan view on again that you had just previous to this? MR. HANCOCK: You want the plan view from the top, sir? COMMISSIONER KOLFLAT: The plan view. That one. Those red lines that run vertically on that slide, what do they represent? MR. HANCOCK: These red lines represent where the setback from the property line will be, For example, the property line is over here, and this is a setback line. The entire dock and the boat itself must be within the land development code setbacks. So you can't have -- in other words, you can't put your dock right against the setback and have your boat overhanging into the side yard setback. COMMISSIONER KOLFLA T: And this is located approximately in the center of the lot line, isn't it? MR. HANCOCK: Yes, sir. It's slightly offset, but not by much. COMMISSIONER KOLFLA T: The staff report recommendations contain four stipulation. Are you familiar with those? MR, HANCOCK: Yes, sir, and we are in concurrence with those stipulations. COMMISSIONER KOLFLA T: Thank you, that's all I have, CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: I've got a little problem here, The SPGP. It said your project has been reviewed and in compliance. But it also says the authority granted under this SPGP expires December 17th, 2006. MR, HANCOCK: Yes, sir. The -- we submitted this application in July of last year, We expected to be through the process before December, but there were a lot of workload issues at development services and -- there really weren't any delays in the sense of us responding to staff requests, I think we just got caught in the system and it took a little longer to get through the process than anticipated, The FDEP permit does not expire until 2011 or 2021. It's a long time out. The Army COIpS of Engineers has a six-month period on SPGP, They do not have an extension vehicle. What we have done is we have resubmitted the original information to Skip Bergmann of the D.S, Army Corps of Engineers and requested a reissuance of their approval. We cannot receive a building permit for this until we have the reissuance from the Army Corps of Engineers. So unfortunately, due to the time in process, that date has Page 28 "if,:, 1 1." A ..ll "-.' t 5 January 4, 2007 passed, But we are requesting a reissuance and we will be unable to obtain a building permit for this dock until that occurs. COMMISSIONER ADELSTEIN: Well, how can we approve it until we know that again that situation comes forward and again the SPGP approve it again until you have another length of time to get it done? Because right now they're saying you don't have the time to get it done, it's expired. MR, HANCOCK: I believe that the answer to that lies in the staff stipulations which requires that your Army Corps of Engineers permit and DEP permit be in place prior to the issuance of the building permit. It is incumbent upon us to have that reissued. Obviously, we didn't anticipate being here in January. COMMISSIONER ADELSTEIN: I understand that. MR. HANCOCK: So -- and we notified the Corps voluntarily ahead of time and they indicated if we resubmit the original application, they will put it through the review process. There's no fee, But they simply don't have an extension mechanism, which is -- in the time it takes to even get building permits these days, that makes it a little difficult. COMMISSIONER ADELSTEIN: I understand what you're saying, and I understand (sic) it when I read it. And ljust can't conceive of how I could turn around and say well, I'm sure you're going to get it again, but I really don't know that. It mean, it should happen, You're going to send it. Until it comes, I can't see how we can vote. CHAIRMAN STRAIN: But Mr. Adelstein, we vote on all projects before they get building permits. He can't get a building permit without a Corps permit. Which means we're not in jeopardy at all. We're simply saying this is okay to go ahead, if that's what we decide, but you have to still go through the process of getting a building permit, which he can't get unless he has the Corps permit you've got questions about. So he's locked into getting it no matter what. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: Any other questions from the panel or the applicant before we hear staff report? (No response.) CHAIRMAN STRAIN: Thank you, Mr. Hancock. MR. HEDRICH: Good morning, all. For the record, my name is Dave Hedrich, I'm a Planner with Zoning and Land Development Review, Collier County. Mr. Hancock covered everything very well. His photographs nearly mimic every one that I have taken. I would like to pass out at this time -- we had received one letter of objection on this project, as well as one letter of recommendation from the residents in the area that did not make it into your packet. And these letters came just before -- the day before Christmas break. So I made copies, And at this time if you allow, my associate will pass those out for you. CHAIRMAN STRAIN: Certainly. Thank you. We'll have to review them and if so, admit them into evidence. Yes, Mr. Schiffer? COMMISSIONER SCHIFFER: Dave, where are those letters from? Are there any from the immediate neighbors? MR. HEDRICH: Yes, there is one -- actually, one's just down the street around the comer from where we were speaking of the boathouse. And the other one is -- and the one for approval is around the comer where the other docks extend out greatly, COMMISSIONER SCHIFFER: But not the immediate neighbors? MR. HEDRICH: No, none from the immediate neighbors, COMMISSIONER SCHIFFER: Mr. Chairman, I'll move to put it into evidence. CHAIRMAN STRAIN: Is there a second to put it into evidence? Page 29 1611 ;. January 4, 2007 COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made and seconded, And for the record, it's two letters. One is dated December 18th, 2006 from Joanne and George Moore, and the other dated December 18th, 2006 from Eleanor D, Hughes, Any discussion? (No response.) CHAIRMAN STRAIN: All in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. All opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Ms, Caron? COMMISSIONER CARON: In this letter of objection, which just happened to be the one on top, it says that there was a picture included, which you did not attach here, which we should have a copy of. At any rate, this letter also is under the misconception that this would be 75 feet as opposed to 55 feet in total. Did you notify -- have you talked to these people? Have you let them know that it's actually not 75 feet, it's only 55 feet. MR. HEDRICH: I believe one of our speakers from this letter of objection is here, COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Are there any other questions of staff? (No response.) CHAIRMAN STRAIN: David, looks like this is going to be easy for you so far. Thank you. MR, HEDRICH: I also wanted to address that time period concern there, It was due to a lack of getting the legal right. It seems that even the Army Corps of Engineers, our own property appraiser's office, everybody had a wrong legal description for this particular site as far as section and township range was concerned. And trying to iron that out with all the departments was a great monthly process, CHAIRMAN STRAIN: Maybe they bought a lot in Port Royal and don't know it. Okay, thank you. Hearing no other questions of staff, I'l1 ask for public speakers. MS. DESELEM: Yes, we have one registered speakers. We have Joanne Moore. CHAIRMAN STRAIN: Okay, Ms. Moore, if you'd like to come up to either podium, that would be great. MS. MOORE: Yes, Chairman. CHAIRMAN STRAIN: Pull that a little closer. There you go. MS. MOORE: This one right here? Okay, I am a close neighbor of the property they're talking about. It's -- it is a shallow area, that whole side of the bay, And I dispute the fact that everyone is entitled to the use ofthe water. I believe everybody is entitled to enjoy the beauty of the water. And nature is going to change those sands back and forth. So I don't think that is a reason to allow such a large, long dock. It obstructs half of our living room, the view that they propose. I never -- I didn't realize that they're not going to go out 75 feet, but to me 20 feet allowance is Page 30 1611 Ai 5 January 4, 2007 adequate, and it destroys longer docks. I disputed the one that's over on the west corner as well. It's an eyesore to us, I think you have to realize that Florida draws their residents and their people here because of the natural beauty, and because a newcomer comes along and wants to have his wishes shouldn't override those who have lived here a long time. I've owned this property since 1958 and I've seen a lot of changes. A lot of those problems with shallow water were because an early man who owned that property left it as a beach for his grandchildren. And of course nature took over and built more shallow water. So I'd like for you to consider the options of allowing people to put in things for their pleasure and allowing others to enjoy nature as it is. Thank you, CHAIRMAN STRAIN: Ma'am, for the record -- Ms. Moore, for the record, would you state your full name, please? MS. MOORE: My name is Joanne Moore, CHAIRMAN STRAIN: Okay, And one question, would you mind somehow pointing to the house that you own? You maybe won't be able to reach that MS. MOORE: I can't reach it Right there, CHAIRMAN STRAIN: So you own that very first house? MS. MOORE: Yes. CHAIRMAN STRAIN: Okay, thank you very much. Very first house from Hawk's Nest in from this property, Thank you, Ms. Moore. Any other questions? (No response.) CHAIRMAN STRAIN: Okay, are there any public speakers, Kay? MS. DESELEM: That's all. Thank you. CHAIRMAN STRAIN: Now last, is there any rebuttal by the applicant? Thank you, David, we're all set Appreciate it MR. HANCOCK: By using the scale on the aerial photograph, I think it's important to note that you can see the line extending outward from the property. The furthest reach of that is 75 feet. That is approximately at the end of the existing Tahitian-style boathouse that currently lies to the west of Ms. Moore's property, The line closer to shore is approximately 55 feet So we actually are going to be some 20 feet landward ofan existing boathouse which currently is within her view window. So the actual effect of this visually of existing conditions I expect to be nominal, if any, CHAIRMAN STRAIN: Ms, Caron? COMMISSIONER CARON: And that -- well, you're saying 50 feet here. Is that what it's going to be really? MR. HANCOCK: The number is 55 feet to the outward mooring piling, And that's the outside edge of that piling. COMMISSIONER CARON: Okay, that's my question. So I'm interested in the outside of your boat dock lift piling. MR, HANCOCK: That would be 55 feet -- COMMISSIONER CARON: So that would be another five feet out beyond -- what you're showing here is the inside line. MR. HANCOCK: This was scaled, so it's -- that number is plus or minus. I think the important thing, the point of reference is the existing Tahitian boat dock -- COMMISSIONER CARON: Right MR. HANCOCK: -- is some 75 feet offshore already. COMMISSIONER CARON: But included in your 55 feet is the outside of that piling for the boat dock lift? Page 31 16 /1 A 5 January 4, 2007 MR. HANCOCK: If that helps clarify it, that is the extent of the variance. And it's 55 feet to give us that six -- COMMISSIONER CARON: That's what I wanted on the record, 55 feet is to the outside of that piling. MR. HANCOCK: Yes, ma'am. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, Ijust have a question about what are the legal rights ofa waterfront property owner? Mr. Hancock had said that that includes the right to moor a boat. Is that true? MR. KLATZKOW: As a general proposition, that is true. You have a right to use the water as a riparian line. COMMISSIONER MIDNEY: But does that refer to a specific depth of water that you need in order to moor? MR. KLATZKOW: You should have reasonable access to that water. So that what the applicant's asking for I believe is absolutely reasonable. CHAIRMAN STRAIN: Okay. Any other questions of the applicant at this point? (No response.) CHAIRMAN STRAIN: Mr. Hancock, are you finished? MR. HANCOCK: I am done, sir. CHAIRMAN STRAIN: Okay, with that, we will close the public hearing and entertain a motion, Commissioner Adelstein, you indicated you want to make a motion. COMMISSIONER ADELSTEIN: I move that we approve BD-2006-10ll8, subject to staff approval -- recommendation, pardon me. CHAIRMAN STRAIN: And would that be at the 55-foot total? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Is there a second to the motion? Mr. Kolflat? COMMISSIONER KOLFLAT: Second the motion. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner-- COMMISSIONER KOLFLA T: Excuse me. If they include the stipulations of the staff report, CHAIRMAN STRAIN: That's what Mr. Adelstein said, yes, sir. Any discussion on the motion? (No response.) CHAIRMAN STRAIN: Hearing none, we'll call for the vote. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye, COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye, Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you, Page 32 16 11 A 75January 4,2007 Item #8C PETITION: RZ-2005-AR-7271 And now we will probably go into the one that everybody's been waiting for. This will be Petition RZ-2005-AR-7271, and it's the Collier County public utilities department, represented by Frank (sic) Reischl, involving property located at 1300 Manatee Road. Will all those wishing to speak on this matter, please rise to be sworn in by the court reporter. If any members of the public are going to speak on this, you have to stand up and be sworn in, (All speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there disclosures on the part of planning commission? (No response.) CHAIRMAN STRAIN: Okay, hearing none, we will move forward with the applicant's presentation. And I know Fred Reischl, and you're not him. COMMISSIONER ADELSTEIN: How did you guess that? MR. AMICO: As soon as I get this right, I'll tell you who I am. Good moming. For the record, Dominick Amico with Agnoli, Barber and Brundage, representing Collier County public utilities. This project is a very important element to my client and to the future -- current and future potable water users in the southeast area of Collier County, The main purpose of this rezone is to provide information. My client has a good neighbor policy where their plants and their facilities are concerned. And it's their policy to try and provide the public and the neighbors with information at the earliest possible convenience, And that's really what this is about. It's a rezone to P, public use, limited to essential services. The essential services that we're limiting this zoning application to can already be done on this site, They're allowed in all zoning districts except for a few of the environmentally sensitive zoning districts, They are -- the limitations are very innocuous uses. They're buried utilities, power lines, buried gas lines, anything that you would find in any neighborhood. So that's what we're limiting this to, The goal of the rezone is to have this property tagged with a public use zoning, as opposed to its existing agricultural zoning so that the current and future neighbors know that there's a water plant some day coming on this site. And I can explain the some day part. The Growth Management Plan, the potable water element of the Growth Management Plan currently shows this site as an approved location for a water treatment plant. Potable water. That plan has been approved -- or that -- this location has been approved in that plan every year since 2000. The county acquired this site in 1983. Prior to 1983, the site was part of the Capri Water Services District, or Capri Utilities. As early as 1979, we have records ofthere being an active water treatment plant on this site. Obviously when the county obtained the Capri water system, that plant was discontinued and served -- those uses were served from existing county plants. Like I said before, the goal of the rezone is to tag the property with the P zoning or some other sort of zoning such that the public would know something was coming here. In order to achieve that, we have basically three choices of zoning activity that we can do on this site, The first and the most common one for this type of use would have been a conditional use, which was what we initially set out to do. The unfortunate part of the conditional use is that they expire in two years. And we have a seven to 10-year time horizon of when this plant will be designed and built. Page 33 It ,= ~'\ *,y January 4, 2007 So the conditional use option didn't work, because we'd have to go back through the process every two years to keep it active. The second choice of zoning activity that we pursued or looked into was of course a PUD. PUD would allow us to specifY all these uses on this site, but the unfortunate part about a PUD is they sunset in five years. So a PUD didn't really work for us. That left the P rezone, straight rezone, which is what we're pursuing at this time. If I can get some of the slides up for you, Okay, this is a site location, located south of Manatee Road, You can see there are existing neighbors to the north and to the east. To the west and south are currently vacant. The westerly property is zoned, I believe, multi-family. And the southerly property is also zoned multi-family, if! remember correctly. My client attempted to purchase those properties and was unable to do it. They wanted a larger property so they could further buffer this plant from the neighbors. They were beat to the punch by private developers, so it's -- The second slide is just a blow-up of the site, You can see there are currently existing water-- potable water facilities existing on the site. These consist of the ASR project and a water storage tank, both of which do not rely on this zoning for approval. They are allowed uses of the existing agricultural zoning. This is an exhibit out of the Growth Management Plan that indicates the location of this site is an approved location for a water treatment plant, or a required location. The site is in a flood zone, It's in FEMA zone AE. Elevation is 6.3 NGVD. The existing site grades are roughly a foot below that, so there is not an inordinate amount of fill that will need to be used to elevate this site to achieve flood zone compliance. This is a conceptual site plan that was presented to the EAB, showing how the plant would fit in and avoid all the environmentally sensitive areas on the site. Being a rezone to straight zoning, a site plan isn't really required. But we felt like there was sufficient interest in knowing if it would fit or not that we provided a site plan, And these are the essential service limitations that we're limiting this rezone to. As you can see, these uses are allowed in any zoning district. So the result of what we're doing here won't really change anything that can happen on the site today other than it will be tagged with P zoning in the official zoning atlas. CHAIRMAN STRAIN: Okay. Does that conclude -- MR. AMICO: If you have any questions, I can give you more information. CHAIRMAN STRAIN: Other questions? Mr. Kolflat, Mr. Schiffer, then Mr. Midney. COMMISSIONER MIDNEY: No. CHAIRMAN STRAIN: Oh, not you? Okay, Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, Under essential services, does that include fire or EMS or police or anything of that nature? MR. AMICO: No, sir. The essential services list is up, It's directly out of the LDC, and those use are not permitted under essential services, COMMISSIONER KOLFLAT: On the first page of the staff report, it refers to public hearing item number eight in the application for public hearing. I don't find that being the same, What I have under eight there is whether the proposed change would create a drainage problem. MS. DESELEM: For the record, Kay Deselem, I'm sorry, the evaluation in the application for public hearing, the standard rezone considerations are item eight. And we are referencing the applicant's response of those. COMMISSIONER KOLFLAT: So that item eight does not refer to the item eight there in the application? This one? Page 34 1 6 71 A t 5nuary 4, 2007 MS. DESELEM: Yes, it is. It's -- the application that you have, application for public hearing, and the pages are not numbered, But you'll see that number seven is rezone request Number eight is evaluation criteria. And it goes on to standard rezone considerations per LDC Section 1O.03.05.G. And it lists 1 through 18. In addition, those were supplemented by narrative statements provided by the petitioner. COMMISSIONER KOLFLA T: Thank you, Kay, CHAIRMAN STRAIN: Is that all, Mr. Ko!f1at? COMMISSIONER KOLFLA T: That's all. CHAIRMAN STRAIN: Brad, did you have anything? COMMISSIONER SCHIFFER: Yes, I do. CHAIRMAN STRAIN: Russell Tuff after you, COMMISSIONER SCHIFFER: Obviously these essential services are allowed in any zoning, and the water tank I guess is an ancillary facility for number seven, correct? MR. AMICO: My understanding is that the water tank is an approved allowable use under the ago zone that it is currently zoned. COMMISSIONER SCHIFFER: The big question is when you determine that it's a P zone, what additional things is it now allowed to do that it's not allowed to do under ag.? MR. AMICO: Nothing. Under the proposal that we're making to limit the P zone to essential services, there is nothing we'd be able to do if you approve it versus if you don't COMMISSIONER SCHIFFER: And-- MR. AMICO: The water treatment plant that is proposed to go on this site in the future will require a conditional use before it can go forward, Even if we didn't limit it to essential services, Ifwe just rezoned P with no limitations, a water plant would still require a conditional use to be built on this site. COMMISSIONER SCHIFFER: And how are we limiting that then? I'm looking at the resolution, it doesn't do it So how do we limit it to what's allowed in 2.01 or .03? Once it goes into Pit's -- I think this building is in P zoning, isn't it? MR. AMICO: No, sir, we're PUD on this whole courthouse site. The original zoning was P, but it was since revised. I'm not sure how staff has proposed to write the resolution to limit the uses, but that is our intent COMMISSIONER SCHIFFER: The way it's written, it's just going to flip it to P and then all the rights of P would be yours. MS. DESELEM: If! may, for the record again, Kay Deselem. I can respond to that, since I'm the one that prepared that Apparently we did not get that update yet We can do that update once it's approved. But it would be limited as stipulated by the petitioner. That would be the only use allowed, if in fact that's the way the approval's written. COMMISSIONER SCHIFFER: And it will be only the uses allowed in this -- MS. DESELEM: The essential services. And we can cite this section of the LDC, as has been done in the rest of them, This is how it was advertised, to not be approved anything more intense than that COMMISSIONER SCHIFFER: And is there any way to control height of that? For example, if you wanted to build a 100- foot tall water tank, could you do it? MR. AMICO: I believe that is true at this time. I think we could. I know the way Collier County's facilities are built currently, they don't build water tanks anymore, but that's obviously not a zoning guarantee. COMMISSIONER SCHIFFER: So the concern I really have is that since you chose not to use a PUD, which would give us the ability to put limitations on it, this is the way it's proposed, the way it's Page 35 16/1. l_'~ - ), .' .~/ January 4, 2007 written. MR. AMICO: No, sir. The way the process works, as defined in the LDC, is we still have to come back for a conditional use. You can put those conditions on the conditional use, those height limitations, COMMISSIONER SCHIFFER: To obtain these essential services, you would have to go through the conditional use process? MR. AMICO: No, sir. To do the water plant we would have to go back through the conditional use process. COMMISSIONER SCHIFFER: Okay. So the water plant would not be considered munber seven on this list. MR. AMICO: That's correct. That is staffs opinion. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: Yeah, my main concern is you drive on Collier Boulevard and there's a water treatmeut plant there and it reeks an awful lot, and so if! -- I think it's admirable to want to try and put that zoning in so people know that it's there and it's going to be there. Since you're asking for that, is there a way that we could stipulate somehow that there's -- odor is going to be taken care of? Because that's the main -- like I think I'd rather have that there if there was no smell if! lived there than some other things that could be there. But I just know I would not want to have that next to my home if! was there. MR. AMICO: Well, I'm not sure that we have the ability to make that condition at this point, at this stage of the project. It would seem that the appropriate time to do that might be during the conditional use and -- oh, we have an expert. MS. ABBOTT: For the record, I'm Alicia Abbott. I'm the Project Manager. I'm with Public Utilities Engineering in Collier County. With regards to odor control, we have been using state-of-the-art odor control on our treatment plants, and we plan to use that on all the treatment plants going forward, So we're currently doing that, retrofitting some of our plants and moving forward. We're also putting it in all of the new plants. So we will -- that's already considered. So once you get into design we'll be doing that. COMMISSIONER TUFF: Now where are you at with the Collier Boulevard one, ifthat one has been retrofitted and is supposed to be working? It doesn't work at all. MS. ABBOTT: I'm sorry, I'm just looking at the -- because that's not my project, so -- MR. GRAMATGES: For the record, Phil Gramatges, Public Utilities Engineering. I am the project manager for the expansion of the south water plant. And as part of that expansion project, we are updating the odor control system within that plant. It has not been updated at this time. But we are in the process of doing that. And in fact the equipment is already on-site and is being assembled and will be connected before the project is completed, which is scheduled to be completed sometime late this year, COMMISSIONER TUFF: That's the one on 95l? MR. GRAMATGES: That's the one on 951 just north of!-75, yes, sir. CHAIRMAN STRAIN: Thank you. Mr. Murray, then Mr. -- COMMISSIONER MURRAY: Yeah, what tank will be put in there? There will be ASR wells, and there will be a tank, right? There will be large tank at the plant? MR. GRAMA TGES: It's currently existing. COMMISSIONER MURRAY: There's -- currently there's a tank there, but I thought I read that Page 36 16/1 A 5January 4, 2007 there would be an expansion, there would be a second tanle MR. AMICO: There is a current SDP, which is in administrative approval, underway to add a second tanle COMMISSIONER MURRAY: Correct, okay, fine, Could you give me an idea of what we're -- and that's going to be buried, if I'm not mistaken, as well. That's not going to be buried? That's interesting. MR. AMICO: I believe it will be similar to what's there now, And that isn't the subject ofthis zoning, Once again, those uses -- COMMISSIONER MURRAY: Okay, Are you saying I'm not allowed to ask you questions? MR, AMICO: No, sir, I'm just trying to answer your-- COMMISSIONER MURRAY: Thank you very much, What I'd like to know is what the size of the current tank is, if you may. MS. LIBBY: That one is two million gallons, CHAIRMAN STRAIN: You'll need to identifY yourself. MS. LIBBY: This is Pam Libby, Water Operations Manager. CHAIRMAN STRAIN: Thank you. COMMISSIONER MURRAY: Could you tell me how high that is right now? The height of it, roughly? Roughly, I don't have to have it exact. MS. LIBBY: Forty feet. COMMISSIONER MURRAY: Forty feet. So you anticipate -- you're going to build a volume of some greater amount, and it will be roughly the same height, regardless of volume? MS. LIBBY: Industry standards, there is about two million gallons a tank, so there would be probably -- there's one going in right now as part of an additional ASR project that's in the process right now. And then as part of the plant expansion there's a possibility there would be a third. COMMISSIONER MURRAY: And these tanks then would be set back? I know I saw the plan, okay, They don't look to be set back, they look to be more on the avenue, so to speak. Is it because of the plant life, the protection ofthe preserve that we didn't set them back further? MS. LIBBY: I will have to let Alicia speak to that issue, because she's involved in the design of the project. COMMISSIONER MURRAY: I'm just wondering from a visual point of view, it would seem-- you know, we try to protect the view of people. And Ijust wondered if there's a basis for putting them on the avenue, That's one thing. But I wonder. MS. ABBOTT: Yeah, Well, currently because, you know, we're at this stage, we haven't hired design consultants, we haven't gone into it, really we had just a very basic site plan put together, But the plan is to put, you know, setbacks. And usually we go a little bit more than what the required goals are to try -- and we use buffering as well on our plants to try and, you know, not have it quite as visible, that type ofthing, So that's not been designed, I mean, that's going to be in the future, And as Dominick said, it's all going to come back to you once we come back for conditional use, You will see what we have come up with at that point. But it's way too early. Like I said, I don't have -- the only consultants I have are the ones helping with this zoning. We haven't gotten to the point of design or even pre-design for this facility yet. COMMISSIONER MURRAY: Okay, I can appreciate what this is, it's an effort to put the foot in the door, so to speak. But at the same time, once the foot is in the door, eventually the body follows. And we want to make sure that the body is pretty. And so my concern would be that we need to be cognizant of that, and the neighborhood deserves to have the same, perhaps even better treatment in terms of Page 37 1( ~) A I H 5 January 4, 2007 visualization. It's 40 feet high, it's a tank, it's not a home and so forth. So I don't know that we here as a body can do much, you're right, in the context of this rezoning, but who knows who's going to be here eight or 10 years from now? So I thought maybe we might be able to say something about it. So thank you. MS. ABBOTT: No, we will take all that into consideration, definitely, COMMISSIONER MURRAY: Okay. That was the one question I had having to do with -- I think you've answered my questions, especially, since I've listened to the questions of the other commissioners. Thank you. CHAIRMAN STRAIN: One question I'd like to point out -- I'm sorry, Mr. Midney, go ahead. COMMISSIONER MIDNEY: I'm sorry. Are you willing to commit that this is only going to be for water treatment and not wastewater treatment? MR. AMICO: That is the intent, that is the commitment. COMMISSIONER MIDNEY: That's the commitment? Then my question is, what chemical odors are with talking about? I'm familiar with wastewater treatment odors but I'm not familiar with water treatment odors. MR. AMICO: There shouldn't be any odors to the neighbors, The cWorine smell that people have talked about shouldn't be any stronger than what's coming out of your tap, COMMISSIONER MIDNEY: Is that what you were talking about, Mr. Tuff? COMMISSIONER TUFF: No, it's a rotten egg smell. COMMISSIONER MIDNEY: That sounds more like wastewater. COMMISSIONER TUFF: No, sulfur. COMMISSIONER MIDNEY: Oh, sulfur. MS. LIBBY: For the record again, Pam Libby, Water Operations Manager. The odors that I think Mr. Tuff was referring to, it's the hydrogen sulfide, It's a degasification process for all the treatment. It's not really coming from chemicals themselves, COMMISSIONER MIDNEY: Thank you. MS. LIBBY: You're welcome. CHAIRMAN STRAIN: Ms. Libby, I think you were the one that testified to the size of the existing tank and the proposed new tank? I thought you had said two million gallons, but the records I have in front of me suggest you're putting in a six million gallon tank. Is that correct? MS. LIBBY: I'd have to go back and look. CHAIRMAN STRAIN: Well, I'll just read it. It is proposed that the dry retention area-- MS. LIBBY: The existing tank is two million gallons, That's what I was stating. CHAIRMAN STRAIN: But Mr. Murray may have been asking about what your intention was for the next tank, and I think your next tank, from what -- MS. LIBBY: Okay, I apologize. CHAIRMAN STRAIN: Yeah, it's six million gallons. So just so the record's clear, you're looking at a six million gallon tank. COMMISSIONER MURRAY: And a second one on top of that would make it 12 million, in fact. That's big. CHAIRMAN STRAIN: Are there any other questions of the applicant at this time? COMMISSIONER SCHIFFER: Staff, but I'll wait for staff, CHAIRMAN STRAIN: I've got some of staff, too. Thank you, sir. MS. LIBBY: Again, Pam Libby. The tanks go wider, they don't go higher, as they get larger. Just to kind of allay what I think Mr. Murray's alluding to. They don't get higher. MS. DESELEM: Good morning, For the record, Kay Deselem, Principal Planner with Zoning and Page 38 1 6 ("1 AI ~ Janu'l1"ry 4, 2007 Land Development Review. You have received a copy of the staff report. Staff is recommending that this petition be found consistent with Growth Management Plan, and we are recommending approval of it. And we have noted, as has been discussed, that the applicant has limited the approval to just seeking essential service facilities uses. In addition, just a little while ago I heard a commitment also that seems to clarify number six shown on that list, and I'll ask for clarification on that, that would not allow sewage lift stations, would only allow water pumping stations. But I wanted to get clarification on that later. The applicant has provided you with a purpose and description explaining to you what this is about, and noting that under the proposed rezoning they're not going to be allowed to do anything other than what's already actually allowed to be done in the ago zoning district that already exists. Anything like a water treatment facility, if you had the addition that is A that you're seeing there, if it went on to B, C, D and the others, it would note that many of those uses like fire station and the other uses do require conditional use approval. That's where the petitioner is telling you that anything else other than this limited use right through here would require conditional use approval. The petitioner explained to you what the surrounding zoning is. I would note that to the south it's zoned mobile home. It is undeveloped, We've had several petitions in and out as far as pre-aps speculating about some development, but no petitions have been submitted, Just interest in the surrounding area, but nothing has been submitted. In the staff report on Page 2 it goes into a discussion of the Growth Management Plan consistency, noting that this particular parcel is an urban mixed use district, urban coastal fringe subdistrict, and notes that the proposed use is allowable. You also have on Page 3 the transportation element analysis, and it's important to note here that this petition did go through analysis by the transportation planning staff, and it was determined that because of issues with roadway access available in this area that they could not support the petition unless it was limited to essential services uses, Things like fairgrounds and other things that would have been allowed in the public zoning district would have incurred additional traffic that the area would not have accommodated, Therefore, that's one of the reasons why this petition's been limited to essential services uses. That's the only way transportation planning would support it. And that is a stipulation therefore of staff's approval. You also have a discussion of the coastal and conservation management element. And this petition was heard by the EAC In actuality it was heard twice by the EAC And again, they've made a change based on the first finding of the EAC to limit the use. Once they limited the use, they were unanimously supported in their rezoning petition by the EAC You have the zoning analysis included in the staff report, You have a brief synopsis of the EAC council meeting. You have also in the staff report on Page 4 the neighborhood information notes. Noting that, ifI may, when this particular petition was involved in the neighborhood information process, at that time the petitioner had not agreed to any limitations on the uses, And many of the comments that you see in here were based on other uses that would have been allowed in that zoning district. And it seems in staff's opinion as though most of those concerns would go away based on the limitation you now have. And as I noted, staff is recommending that this particular petition be found consistent with the Growth Management Plan, and we are recommending approval of it. I'd be happy to address any questions you might have. CHAIRMAN STRAJN: Mr, Schiffer, did you indicate you had a question? COMMISSIONER SCHIFFER: Kay, I'm still concerned with the height limitations on this site. If Page 39 ",-, Ii-- \ M . , 5 January 4, 2007 it goes to P, and Ijust read in here that a building -- and we could argue whether the water tank's a building or not, but let's not do that. If it's within -- if it's greater than 100 feet from a property line, there's really unlimited height. So is there a way that we can, while we're changing it to P, put limitations on what it can be? MS. OESELEM: Certainly. You can offer suggestions and include those in your recommendation, If you have determined that a specific height is appropriate or nothing above and beyond a specific height is appropriate, you can offer that as part of the conditions in your recommendation. COMMISSIONER SCHIFFER: And then the other question was, the tank that's in there now, was that done through a public hearing? MS. OESELEM: No, I don't believe so. As any use now within the zoning district, if it's an allowable use in the zoning district, doesn't require any kind of a conditional use or a rezone approval, the action or process by which you now get approvals to put structures on sites is administrative, That is the site development process wherein an applicant submits a site development plan application and that is reviewed by the county staff. It is not acted upon in any public hearing forum situation. COMMISSIONER SCHIFFER: So if they were to build that today, they wouldn't have a public hearing in the A zoning? MS. OESELEM: That's correct. And as noted, there is an SOP application in-house now, It's being reviewed. And it was submitted, as is appropriate, under the existing zoning, and it is being reviewed for that. That would allow for an expansion at the existing facility, COMMISSIONER SCHIFFER: And that's not requiring a conditional use? We heard earlier that there was going to be a conditional use for a water plant. MS. OESELEM: A water treatment plant would require -- COMMISSIONER SCHIFFER: A well on a tank. MS. OESELEM: Correct. COMMISSIONER SCHIFFER: What's the height of those facilities that are in SOP right now? MS. OESELEM: I must admit, I don't know, Perhaps the applicant can address that, because I believe it's their petition as well. I'm not the reviewer on that SOP and I'm not certain what it is. I apologize, I should have had that information for you. COMMISSIONER SCHIFFER: I'll wait. Thank you, CHAIRMAN STRAIN: Are there any other questions of staff? (No response.) CHAIRMAN STRAIN: Kay, sorry, I can't let you off that easy. MS. OESELEM: Okay. CHAIRMAN STRAIN: I know this is being presented by the utility division to put the public on notice that something is going to go there involving essential services or the like. Do you know of any place in the county where they've utilized 42 acres under the by right essential services? MS. OESELEM: I'm not aware of any that -- or I haven't looked. I mean, it's not like I did any research to find it. I'm not aware of any because I didn't look. CHAIRMAN STRAIN: Are you familiar with the fact that the fire department and EMS have tried to -- have added their uses to the essential service list, and that that recently was defeated? MS.OESELEM: I was aware there was something going on with the LOC amendment seeking that, yes. CHAIRMAN STRAIN: If -- and I understand they're going to try it again next year, If they were to succeed in doing that, in adding fire and EMS to this list of2.01.03 and this approval was provided subject to the LOC of2.01.03, would they then be allowed to put a fire station and EMS station there as well? Page 40 16 fl' A ~nuary 4, 2007 MS. DESELEM: In my estimation, yes, they would. If it's stated in the approval that they can do what's allowed within the zoning district in effect at the time they seek development plan approval, then that would allow that if in fact that is approved, However, you again have the authority to add conditions to your recommendations, should you desire to recommend approval, that would limit and prohibit specific uses, if you so desire. CHAIRMAN STRAIN: Or we could limit it to the essential services as stated in today's LDC. MS. DESELEM: The best way to do that is to actually list it in the resolution and just call them out, and staff will just pull up that and plug it into the resolution itself. Because again, if the LDC changes, nobody's going to be able to go back and fmd it It's better to just have the actual language and limitations within the ordinance itself. CHAIRMAN STRAIN: Kay, you -- there was a note I caught on the pre-ap, Or did you attend the pre-ap? MS. DESELEM: I believe so. I'd have to go back and look, but I believe I did, yes. Oh, yes, I know I did, because there was confusion in the pre-ap. as to whether it was a conditional use or a rezone. Therefore you have two different sets ofpre-ap. notes. CHAIRMAN STRAIN: In one of the pre-ap, notes, in one of the last pages of the piece I'm looking at it says in someone's handwriting, probably a member of staff, address concerns about placing a critical public facility within a special flood hazard area. Potential impacts to the community rating system and the national flood emergency program, Has that issue been resolved? MS. DESELEM: To my knowledge, no, because I believe that was on the conditional use pre-ap. notes, And I believe the staff person that might have made that, and I'm not certain, but I think it was Robert Wiley, who is in engineering. But that issue has come up at the EAC and the applicant did address it at that time. CHAIRMAN STRAIN: Okay, how did they address it? MS. DESELEM: I would rather that they -- rather than me try to paraphrase, they can respond to that better than I. CHAIRMAN STRAIN: Before we go to them, I have one other question. MS. DESELEM: Sure, CHAIRMAN STRAIN: You recommended -- you suggested this meets the intent of the comprehensive plan; is that right? MS. DESELEM: That's correct CHAIRMAN STRAIN: In the CCME we have a policy titled 12.2.8. Offhand, you probably don't know what that is, do you? MS. DESELEM: Offhand, you're right, I don't CHAIRMAN STRAIN: The reason I'm asking, is because if you knew it offhand, that means you'd be prepared to answer my question, But if you don't, I will read it to you. It says, public facilities that are dependent upon county funding shall not be built in a coastal high hazard area unless the facility is designed for public access or for resource and restoration. Public access you're referring to obviously is the beaches and launch ramps, Now, how do we get around Policy 12.2.8 in regards to this publicly funded facility? MS. DESELEM: Without looking at the whole thing in context, I don't know, And we didn't -- sometimes it's tied to something else, and I don't know, And I don't have that in front of me so I'd have to say at this point I don't know, And I'd be more than happy to look it up and respond to you, but I don't have it in front of me right now. CHAIRMAN STRAIN: Well, for my part of this meeting, that's going to be important It may not Page 41 1611A . . 5 January 4, 2007 be for others, but I will tell you right now, that has got to be overcome in my concerns. And so depending on how this meeting gels up, we may want to get that answer before the day is over. MS. DESELEM: Could I ask that you cite that again, please. CHAIRMAN STRAIN: Policy 12.2.8. It's a-- MS. DESELEM: Eight or A? CHAIRMAN STRAIN: Eight, E-I-G-H-T. It's a one-sentence policy. And the reason I knew about it is on Coconilla -- remember that project that was in the coastal high hazard area? We went through and pulled every piece of coastal high hazard references we could in discussing that project at the public meetings. And the public funding of facilities was an issue there. And of course there wasn't going to be any public funding of facilities in regards to additional facilities, there was only going to be piping and stuff that you would have to put to supply existing -- or approved dwelling units. This is a little different. This is an entire treatment facility, And I want to understand how the county funding of that treatment facility can be provided in a coastal high hazard area. And of course if it is, I imagine the applicant realizes that they have to have special flood control and flood prevention costs that will have to go into that facility. And that's another policy in the CCME for flood prone areas. So anyway, if you could look at 12.2.8, I'd appreciate it. MS. DESELEM: Yeah. And again, we've got to take it into context with the other maps that the applicant showed you, where the board has actually approved this site for this use. So I'm going to have to go back and do some coordination as well. CHAIRMAN STRAIN: I'm glad you brought it up. Mr. Klatzkow, does the Growth Management Plan language take precedent over subsequent documents such as master plan by the utility department that was approved by the board, or would the board have to physically go back and amend the GMP if the utility master plan differed from the GMP? MR. KLATZKOW: GMP trumps, CHAIRMAN STRAIN: Thank you. Okay, I think it's important that that question get answered. MS. DESELEM: Certainly, I'd be happy to look into that for you. CHAIRMAN STRAIN: Any other questions of staff? Mr. Midney? COMMISSIONER MIDNEY: Yeah, for a water treatment plant, do you need 40 acres? MS. DESELEM: I'm sorry, pardon me? COMMISSIONER MIDNEY: For this water treatment plant, do you need 40 acres? MS, DESELEM: Let me clarify. It's not a water treatment at this point. What it is, it's a rezoning to P to allow essential service facilities, as limited in that list. The water treatment facility would require a conditional use, and that would corne back to you if at such time they decide to pursue that approval. At this point we don't know. And there's no assurances if or if not the P zoning is approved whether or not they're going to get any conditional use. It would be reviewed on its own merit when and if it's submitted. So right now it's not a specific use, other than the limit we have. And I just wanted to say that before -- because I can't really respond until I clarify the question. COMMISSIONER MIDNEY: Well, I was just interested to find that out, because I wasn't aware that you would need that big of an area in order to do water treatment. And that leads to the question, are they planning to do anything else besides that? MS. DESELEM: They can better address that than I, because all I'm reviewing is the actual petition with the limitations set forth by the petitioner. Joe wants to respond to your question about the 12.2.8. MR. SCHMITT: Commissioncr Strain, I'm well aware of the prohibition and construction in the Page 42 .., 16 J 1 A ;Suary 4,2007 coastal high hazard, And of course we have the guidance from the board regarding the -- at least applying those rules to approve our CRS community rating system. And we recently of course established the floodplain management ordinance to do the kind of things that are expressly directed in that policy. The issue here would be that when they come back for a conditional use, any type of conditional use or any type of proposal for a plant in that facility would have to meet the requirements of that policy, and that would be a criteria established under the conditional use that there would have to be berming or flood protection or other type or -- and we would certainly point out to the board that this conditional use could be in direct conflict with the stated policy of not putting those type of facilities in a coastal high hazard area. The problem here is most of those policies were developed of course after -- this land has been owned and -- since 1983, I believe, the county has owned this land. This is the first action. What happens after this is the follow-on or subsequent application that comes to the board for the conditional use for the property. And Mr. Midney, in regards to the size of the property, most of that would be retained as buffering, That would be the intent. But I would have to defer to the applicant. I don't even know if they have a conceptual design. But the intent would be to ensure that there was certainly adequate buffering if any type of plant would go in there. But I don't know, Mr. Strain, if your questions have been answered. I think most ofthat would have to come in the follow-on hearings, pointing out the conflict between a proposal to develop a facility which clearly now is going to be in conflict with another stated policy in the GMP which says not to build in the coastal -- these type of essential services in a coastal hazard area. We had this same problem when we dealt with the EMS station, It didn't come to you for rezoning, but the EMS station essentially is the same thing, it was deemed to be in the coastal high hazard, the facility that's being built in the Lely site, which is well north of 4 I, CHAIRMAN STRAIN: Well, no, my question wasn't answered in the sense, it doesn't say that you can build it there if you berm it. It says public facilities that are dependent on county funding shall not be built in the coastal high hazard area, So it's not saying you can build it and protect it. It's saying you won't build it. And I'm saying we're here today to talk about changing the essential services -- or approving this to put the public on notice that something's going to happen there. Even though all the items in front of us can be done without doing that. So the intent is something further than what's in front of us. MR. SCHMITT: And I have to defer to the public utilities, what their plans are for this, We're of course the staff bringing this forward. This just happens to be the county. But we as the review agent are doing nothing more than bringing this forward for a rezone for a P public use. Naturally, certainly there is a presumption that that public use will later be used and come in for a conditional use for a plant facility. But that is not part of this petition, But where you go with this, that is under your authority as the local planning authority. You can certainly extrapolate and take it one step further. CHAIRMAN STRAIN: Joe, where I was trying to finish this at, if you guys have a different use for this, then you don't really need to establish the fact you can do essential services there because you can do that by right. Then all of this effort may be for naught if the GMP doesn't allow it to begin with. So I would think that someone would want to resolve that GMP issue first rather than waste all this effort into putting something there that can't transpire in the future anyway, because then you're going to have change the zoning again to resell the property to do something else with it. MR. SCHMITT: And I don't argue that. Part ofthe review for any type offacility in the future, we would have -- staff would have to point out to the board that the conditional use is in direct conflict with a Page 43 t:;/ / I,' , (" - - '--'-' A 5 January 4, 2007 policy in the GMP. And that would have to be the board to make that decision as to whether they want to basically violate the guidance in the GMP, The board can do that. Then certainly then they can later be challenged. But I don't know, I have to defer to the applicant. I don't even know if the applicant even had considered whether this type offacility would be deemed in direct conflict with the GMP. I agree with you, the policy's in there, and it's very clear. And it's also part of our new floodplain management ordinance and some of the other ordinances that clearly state, and it's part of the community rating system in regards to there are so many points associated with preventing those kind of things from taking place and have a direct bearing on -- every member of the county or every homeowner of the county who pays flood insurance could be impacted by a plus or minus point in the community rating system. There is a direct correlation. Weare now -- we are now CRS 7, which 15 percent discount. Every member of -- every homeowner of the county who pays flood insurance who are in a flood zone has a 15 percent discount. And anything that we do that could impact that and increase our -- say we go to an eight, it has a direct impact on what residents pay in flood insurance. I think we're getting into a lot more than you probably wanted to know, but yes, it does impact the CRS and it does impact -- I mean, it would be in direct conflict with a stated policy within the GMP, And I guess I have to defer to the applicant if they're aware that any future expansion isn't in conflict with what's stated in the GMP. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I just have a question. Because if you look at the staff report on Page 2, this -- it says that it is consistent with the GMP. And I want to know why or if 12.2.8 was ever brought to the attention of the petitioner. Was there ever a discussion about it in those hearings? I mean, it certainly should be -- MR. SCHMITT: It's consistent under the P use. This was reviewed for rezoning to P, not for future expansion of a water treatment plant. Even though conceptually we realize that that potentially could be the use. But that would be dealt with at the CD. And I know this is being somewhat obfuscating what you're asking. COMMISSIONER CARON: Yeah, it really is, Joe, because in reality, everybody on staff, and certainly the department who brought it forward knows what they want to put there. MR. SCHMITT: Right. COMMISSIONER CARON: And so shouldn't that discussion have happened already? Why would we go through a silly exercise of saying well, we'll just approve it as P first and then we'll deal with everything else later? I'm not understanding the logic. MR. SCHMITT: I defer to the applicant to answer that question. Because their intent was to come in and zone it P so that it would be identified as a public use site. COMMISSIONER CARON: But then in this hearing they said that they wanted to limit it to a water treatment plant, and that they would take everything else off the table except that. I can't believe that was never brought up in any meeting that their intent was to have a water treatment plant there. CHAIRMAN STRAIN: Joe, I think --let us go through with the community's response and the applicant's and let us see where this gels out. Go ahead. MR. AMICO: I think this issue was discussed with staff. Robert Wiley was the person who brought it up. And I think the conclusion was that since the Growth Management Plan potable water element shows the site as a water treatment plant site, as a required water treatment plant site, that it overruled -- and it's been that way since before that rule was written, 12,02.08, I believe, So the staffs thought in my mind was that look, this site is grandfathered. It's been on the books, Page 44 16/1 A 5 January 4, 2007 It's been a water treatment plant site since 1972. Before that. I don't know how long Capri Water's been around, but they've been around a long time. That was the line of reasoning with staff. It was discussed and that's where it ended. CHAIRMAN STRAIN: So the intent, unspoken intent, is grandfathered? And that's pretty interesting, because if that applies, we've got a pile of developments out there that have got zoning they don't even know they own, I'm not saying your whole thing is wrong, but to believe that you've grandfathered something that hasn't been really in the public's -- through the public process would be real difficult to understand how that could be. If that's your only argument, I don't -- MR. AMICO: It's not an argument I'm making to you, It's not an attempt to convince you. I'mjust telling you that is how it was discussed with staff and that's where it ended. CHAIRMAN STRAIN: Okay. Well, I think we probably will-- COMMISSIONER SCHIFFER: I still have a staff question that was punted to the applicant, so let me -- CHAIRMAN STRAIN: Okay, go ahead. You're the applicant, Dominick, sorry. COMMISSIONER SCHIFFER: Dominick, the height of the existing tank you said now is what, like 40 feet? MR. AMICO: We don't have an exact measurement, but typically they're about 45 feet. COMMISSIONER SCHIFFER: How about the new one? Aren't you doing the new plant? MR. AMICO: No, sir, I'm just doing the zoning. Someone else is designing that. COMMISSIONER SCHIFFER: Then who knows the height of the new one? And the reason I bring that up is agricultural, you have a height of 35 feet. So could the reason for this P be that it would be -- now allow you to build the things that you can build? You can't build anything on that site greater than 35 feet now. MR. AMICO: Okay, well, I would have to assume -- here again, I'm not doing the SDP on the tank expansion -- that that tank expansion project is consistent with the requirements of the ago zoning, There's no guarantee we're going to be successful on this, That's not the intent of what we're doing. COMMISSIONER SCHIFFER: The intent of what you're doing is just to noti1)r the neighbors that the county owns this site. MR. AMICO: That is what's written on my work order with the county, COMMISSIONER SCHIFFER: Okay. There may be additional benefits. MR. AMICO: It's possible. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, for the applicant, I don't think Mr. Midney's question has been answered. He asked about 42 acres, whether that was a reasonable amount ofland for the water treatment facility, considering, or whether that's oversized or it's undersized. I'd like to hear the answer to that also, MR. AMICO: Basically the site is oversized on pUlJlose. They want to provide additional buffers for the neighbors, They want buffers on all four sides. There are some additional wetlands on the site that we also are avoiding. I think they total some 10 acres. So the usable is only about 30. COMMISSIONER KOLFLA T: Well, if it's oversized, that would mean that in future should fire and EMS or other facilities be declared an essential service that would quali1)r for P, they might also take some of that land for their use; is that correct? MR. AMICO: Well, I don't know how exactly to define take. The property is owned by the water-sewer district. It isn't owned by the fire district, it isn't owned by the Board of County Commissioners. It's owned by the water-sewer district. I don't know what the legal maneuvering would take Page 45 "!l ' lC n ., 1'. 5 January 4,2007 in order to give a piece of it to the fire department or to give a piece of it to EMS, But right now the property is owned by the water-sewer district COMMISSIONER KOLFLAT: But it could be sold, or parts of it could be sold. MR. AMICO: Could be, COMMISSIONER KOLFLAT: Thank you. MR. AMICO: There was one other point that staff wanted some clarification on, On number six, we cannot commit to not build a sewage lift station, I think the water plant is going to have a small sewage lift station associated with it And staff needed clarification on that, so I just wanted to make that clarification, CHAIRMAN STRAIN: Do you have a difference between a sewage lift station and a sewage treatment plant? MR. AMICO: Yes. CHAIRMAN STRAIN: So you would commit there would be no sewage treatment plant? MR. AMICO: That's correct But the project will need a sewage lift station. CHAIRMAN STRAIN: It would, Any other questions of the applicant or staff? (No response.) CHAIRMAN STRAIN: Kay, are you finished with your presentation at this point? MS. DESELEM: I just wanted -- thank you for bringing up the issue about that policy. I was unaware of the conflict It does appear as though there is an inherent conflict in the GMP where we have potable water policies in one section that indicate that this site's to be used for that, and then a conflict in another section stating that it shouldn't be used for that because it's in a flood zone. So at this point staff did recommend that it be found consistent with the Growth Management Plan. Exactly how we can get past that dilemma, you make a recommendation to the board. You can determine if you want to go that way, to say that it's inconsistent based on that policy. It's basically going to become a board decision as to which policy the board determines to be the overriding policy. At least that seems to be the way it's turning out, in staffs opinion. CHAIRMAN STRAIN: So based upon the Growth Management Plan, the board then has a right to override their own plan without amending it? MS. DESELEM: I don't know exactly how that's going to work. But like I said, we have conflicting policies, objectives and goals within the Growth Management Plan in two different elements, And I don't know how to resolve that dilemma. CHAIRMAN STRAIN: Ijust want to make sure that whatever way it gets revolved, it's done fairly and openly and accurately, so that we don't have a challenge down the road to whatever decision is made. And maybe that's something the county attorney can tell us procedurally-wise. First of all, if this board has an issue that is now questionable in regards to consistency with the GMP, is it something that we can move forward? Is it better to maybe get the issue resolved before we go further, or is the board someone who can override their own GMP policies without amending them? MR, KLATZKOW: I think one of the things you're struggling with is that there's no real case of controversy here, in that what they're asking you to do is not really what they want, all right? So that you're struggling with issues as to whether or not they should put a water treatment plant here, but they're not asking you for that now, but they might ask you for that later. And I'm not really sure what it is that they're asking you for, because they want it changed from ago to public, but they don't really want the public, what they really want is the water treatment. But they really don't want to talk about the water treatment because they're not ready to go there now. And there may need to be changes to the LDC or the GMP before they can actually go there, Page 46 16 I 1A 5January 4, 2007 So you're being presented with a very difficult task here, because you don't really have a specific request that you can deal with. And I don't know how to untangle that for you, other than for you to tell them no, come back when you actually have a plan what you want to do with this. And then you can actually focus on an issue. CHAIRMAN STRAIN: Thank you, Jeff. Appreciate it I guess we need to hear from the public, if you're done with all the questions and comments from staff and the applicant at this point Kay, how many public speakers do we have? MS. ABBOTT: Can I make one comment? CHAIRMAN STRAIN: Yes, ma'am, MS. ABBOTT: Alicia Abbott again, for the record, I'd just like to say that we do know what we want to do. We do want to have P zoning to essential services, This is a problem that comes up on all our projects. We have county property that a lot of people believe what's is what's going to remain there. If we could have gone to the PUD process or the conditional use, we would have. It's just that the time frame, those would have expired. And then it would have been, you know, all that work started all over agam, So we thought the best way, to notify not only those who are there, a water plant has been on that site since the Sixties. Just because we have modified that over the years and only used it for a pumping station doesn't mean that we don't plan to ultimately go back to a water treatment plant on that site, So the whole thing is we haven't really changed the use. It has been owned by the water-sewer district which is under, you know, the board, But we want them to know this is coming. So we're not asking you to approve the conditional use or the design, because we don't have that yet But we want the future development -- what they see right now is agricultural zoning and I get a lot of but we thought it was only going to -- it was only a preserve, a tank with a preserve in the back And we want to say no, what we have here is not the future. We will be coming in with a water -- and that's what we're trying to do. So I just want to make that last comment before you go to public record. CHAIRMAN STRAIN: That's a very good point that you've made. And I appreciate it because that is a very positive point in regards to notification of the public, And I don't disagree with that I'm not even to a point where I disagree with the use that you're trying to put there, My concern is consistency that this board and that the other board has to go for on the basis of the Growth Management Plan. These consistency issues that we're talking about in regards to the public expending of funds in the coastal high hazard has come up before, and we dealt with it before by saying we wouldn't do that And basically I'm talking about the Coconilla project And I remember specifically asking about issues on that project because they were going to increase and change density and we wanted to make sure there would be no other public expenditures, Well, yet we're doing what we weren't going to do there by the same issue in the GMP that we may do here. I think that it would be incumbent on your department to make sure you're not going to have this problem or trigger future problems for the rest of the county by building in a flood zone before you jump to this stage. I'm just wondering ifmaybe after we hear public testimony and get a little more input, you may want to consider continuing this to look at this a little bit further and come back with a more cleaner approach to it so that everybody's got it on the table as to where this has got to go and how it's got to be there. Again, I'm not saying you're wrong, I'm just simply saying we ought to make sure it's done as absolutely lock tight as possible, And that policy is a pretty big flaw. And I don't think you want that hanging over your head, Because if you really plan for this and you lock it all in and 10 years from now you go to build it and this is Page 47 16/1' 5 January 4,2007 brought up, you've got a real problem on your hands. So it might be something to be better and wiser looked at now. So I appreciate your comments, Thank you. Kay, how many speakers do we have? MS. DESELEM: We have three public speakers. The first one would be Bruce Nelson, followed by Jack Dowling. CHAIRMAN STRAIN: If you'll each come up and use one of the podiums, one at a time. And we have to ask that you limit your discussion to five minutes. And we'll let you go from there. You need to state your name for the record, first thing, MR, NELSON: My name is Bruce Nelson. I am a resident of Enchanting Shores. And my only -- my concern here is that this site map is erroneous. The west end of Enchanting Shores, the way you have it laid out here, is not the way it is. The streets -- or the individual lots are wrong. CHAIRMAN STRAIN: The site map that was given to you as a legal notice? MR. NELSON: Yes. CHAIRMAN STRAIN: Kay, you might want to take a look at that and then we need to see -- weigh in with the county attorney if the legal notice has to be accurate ifin fact it is inaccurate. MR. NELSON: Well, that's my concern. CHAIRMAN STRAIN: Right. That's a good point. Again, we'll have to see what it comes out to, MS. DESELEM: I have to ask, is this the document that he's referring to? CHAIRMAN STRAIN: You'll need to come up back to the speaker, sir. You might want to just stand there for just a few minutes in case there's any other questions. MR. NELSON: Yes, that's the document. CHAIRMAN STRAIN: Kay, that doesn't match the aerial in regards to layout. But I'm not sure how definitive we need to be in the public notice, so I think that's -- MS. DESELEM: The legal is the defining document, the legal description, This is a depiction. It's not a scaled drawing in any case. It just has a north arrow, It's just a general depiction, It's a location map. And it's called a site map as far as this is the general depiction of the site itself. It's not a site plan that's going to be approved as part of the petition. It's a general information document that's sent out with public notices, CHAIRMAN STRAIN: I agree it's not a site plan, but if this was sent out to the residents in the neighborhood in regards to whether they were in proximity to this plant, but the streets and the houses and the lots that were currently on the aerial that are in our package aren't on this, and you can look at the aerial on Page 2 and see there's an entire housing development to the east that's not shown on this plan here, MS. DESELEM: It's not a, quote, unquote, development, per se, It's a mobile home park. They're not platted lots, it's a rental park Therefore, the lot depictions aren't shown on this graphic display, You only get lot depictions on a platted subdivision. If it's zoned mobile home, it's one ill number for the county and it's shown as one tract. CHAIRMAN STRAIN: Sir, that does explain why it came out that way. COMMISSIONER KOLFLA T: Mr. Chairman? CHAIRMAN STRAIN: Ms. Caron first then Mr. Kolflat. COMMISSIONER CARON: Well, no, why then are there streets and -- to the north, which is labeled mobile home? MS, DESELEM: Apparently that may be a co-op or some kind of ownership entity that identifies lots. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Kolflat? Page 48 16/1 A ~ Jl'n'fuary 4, 2007 COMMISSIONER KOLFLAT: Yeah, do you have a large copy of this aerial photo? CHAIRMAN STRAIN: Yes, COMMISSIONER KOLFLA T: I'm apparently missing where the discrepancy is, because it looks to me like we're pretty -- all right, thank you, I was misreading it. Thank you. CHAIRMAN STRAIN: Sir, I think that supplies an answer to your question. It may not be one that you like, but it does supply an answer. MR. NELSON: Well, if you're going to have any further action on this type of thing here, I would recommend that you upgrade your plot maps, Evidently this is really, really ancient, and it does not in any way depict what's there right now. CHAIRMAN STRAIN: And I think that the plat maps are based on recorded plats, and maybe the plat for the area that you're referring to isn't delineated any different than here, But we'll check that. I'm sure that we can check that in the future, Thank you, sir, Next speaker, please. MS. DESELEM: Trying to be two people at the same time, here. The next speaker is Jack Dowling, followed by, it looks like Karl Ristow, MR. DOWLING: Just a couple of questions. Adjacent to this property there is another unit. Is that a water treatment unit? Can anybody answer that question? CHAIRMAN STRAIN: On the property currently there is a water storage tank. Is that-- MR. DOWLING: Is that what it is? Okay. And if you approve this, are you approving it for a water treatment plant or are you giving them carte blanche, they could put anything in there? CHAIRMAN STRAIN: I think the approval of this would allow them to put more storage tanks on there. But they could do that anyway with or without the approval today, This approval today really will really have no bearing on what they could do there today. They're asking for the approval only to put the difference -- right now if you look at the map that's up there, see the little letter A in the middle of that property? That A would change to P. P would then tell anybody building in the area that that isn't agricultural zoning anymore, that's public use zoning, And under public use zoning you can have different things than you can have under A. MR. DOWLING: Can you have a sewage treatment plant in there? CHAIRMAN STRAIN: Not without going through an additional step in the process, which involves more public hearings, That's called a conditional use process. You would be renotified that they want to do something more intense than what they're asking for today. Then you have the opportunity to come back there and talk to us again, MR, DOWLING: What will you approve today? CHAIRMAN STRAIN: If this is approved today we approve no different than the uses that are there right now or that they could put there right now, Right now it's zoned ag, with essential services as a right. They're talking about zoning it P with the same limitation that the essential services that are already allowed there be the only thing still be allowed there with the exception of they would eliminate the sewage treatment plant opportunity. And we're talking about limitation of height of the structures that would be there, That's what would happen iftoday's motions were approved. MR. DOWLING: Thank you, MS. DESELEM: If! can for the record, I was just informed that Robert Wiley is on his way here now to address your questions about the growth management plan coastal construction element. So I would ask that before you take any motion and make any votes that you wait till he comes and can address your questions. He's on his way, COMMISSIONER SCHIFFER: But while we're getting information, could you call down and find Page 49 '9 / '1 A ~, I ., 5 January 4,2007 out what the height of the tanks are in the SOP that's being processed now? MS.DESELEM: Yes, I will attempt to do that. CHAIRMAN STRAIN: Could you call the next speaker, since you've got so little to do this morrung, MS. DESELEM: I think it's Karl Ristow, MR. RISTOW: That's correct. First of all, I'd like to thank you for moving this up in your agenda today. That was very nice of you, And I appreciate your spirited talks here with the applicants and the staff and everything, It's something I didn't expect coming here. I came here mainly for two reasons: Number one, I received a letter from you and I'm a homeowner in Enchanting Shores, I live at 26 Peridot Avenue, and I'm also a director on the board of directors for Enchanting Shores. And I'm interested -- we're all interested, obviously, in what the intent is of using these 42 acres. I tlUnk a couple of years ago we also received a letter which I did not attend those meetings and everything for a rezoning, Does anybody know what happened two years ago when they sent out a letter to rezone this property? MS.DESELEM: I'm sony, I missed that. I was trying to get ahold of the information on the height. CHAIRMAN STRAIN: The gentleman indicated that a couple of years ago this property had sent out a letter indicating it might be rezoned, but nothing ever materialized. Do you know what the status -- MS.DESELEM: As far as I know, what he's talking about is the neighborhood information notice that went out. CHAIRMAN STRAIN: So this is still a continuation of that original letter that was sent out? MS. DESELEM: (Nods.) CHAIRMAN STRAIN: Okay. MS. DESELEM: Because it's -- I can go back and look in the staff report. The date of the neighborhood information meeting is in there. I don't have it in front of me. But it has been a while, CHAIRMAN STRAIN: This process takes a long time. And that's -- it started when you got your other letter. MR. RISTOW: Oh, okay, So it's a continuation, actually, Nothing happened before, basically-- CHAIRMAN STRAIN: No, sir, MR. RISTOW: -- other than notification. MS, DESELEM: That meeting was May 19th, 2005. MR. RISTOW: I'd like to address the site plan, which one of my colleagues in the plant talked about. Weare a co-op, okay, and we do have plot plans that are filed with the county. They were originally filed when we became a co-op back in 1987. So you do have accurate records of the plats there. We do have many more streets than what are depicted there, We have another end of our park that's not depicted here. And you also probably would want to show the Marco Shores, who are immediately east of your 42 acres here. They're not shown in here. I don't think there's anybody here from their organization, and I don't know if they were given a letter as we were so that they could come and speak at this hearing. One thing I think that would help us, and especially me, to address our people and our park who also received letters and everything is maybe some information from the county somehow. I made some notes here, You had the -- we read that you're going to use this for essential services, and what that means and everything. You put the chart up there but it's very difficult. Could we get a copy of that? Would that be possible? CHAIRMAN STRAIN: I think if you were to leave your address with Ms. Deselem before you left today -- Page 50 16/1 A 5 January 4, 2007 MR. RISTOW: She has it on my speaker card there. CHAIRMAN STRAIN: Okay. Kay, would you have any problem getting a copy of the essential services to this gentleman? MS. DESELEM: Not at all. Plus I can offer that if you have access to the Internet, it is available on the Internet. I'd be more than happy to explain to you how to find it. MR. RISTOW: Okay. MS. DESELEM: But in any case, I can give it to you, MR. RISTOW: I would prefer a copy, if you don't mind. MS. DESELEM: Certainly. No problem. MR. RISTOW: Okay. We were talking about the height of the tanks. I heard you talking about them, I believe they're probably not over 25 foot tall. We go by them just about every day. I don't think they're forties. For informational pUlJloses. I think we have a better understanding that ifthere's anything put there, such as a sewage treatment plant, if that were in the works or something like that, that that requires a conditional hearing or whatever you call them. CHAIRMAN STRAIN: And they've already waived the right to put a sewage treatment plant there, so most likely that is not something that would happen there now, MR. RISTOW: When would we know what the real intent here is of the applicant for this? It seems like that was a ball that was bounced back and forth here a number oftimes. CHAIRMAN STRAIN: They've provided information that this would greater than five years but maybe less than 10, somewhere in that neighborhood. MR. RISTOW: Okay, And primarily it would probably be a water treatment plant? The way I understand it. CHAIRMAN STRAIN: That's what the indications have been so far, yes, sir. MR. RISTOW: Okay, that's aliI had. CHAIRMAN STRAIN: Thank you, sir, Kay, are there any other speakers? MS. DESELEM: No, sir, that's all the speakers that are listed, CHAIRMAN STRAIN: Okay. Dominick? MR. AMICO: We have that information. The existing tank height, the one that's there now, is 25 feet. CHAIRMAN STRAIN: The gentleman was right on the dollar. MR. AMICO: And the proposed one is 35. CHAIRMAN STRAIN: Okay. Is there any final comments from the applicant, staff? Questions from the board? MS. DESELEM: The only thing I would ask is if you wanted to wait for Robert Wiley, but that's your call. CHAIRMAN STRAIN: Well, I mean, based on the public input, we maybe able to put something together that doesn't need Mr. Wiley's input at this point. Because we could always preface it that it's subject to clarification of that particular section ofthe GMP, So with that in mind, I will close the public hearing and entertain any comments from the planning commission. Mr, Murray? COMMISSIONER MURRAY: Well, it may have been premature to close it, but I -- CHAIRMAN STRAIN: We can open it back up again. COMMISSIONER MURRAY: Thank you. There was something in there about the EAC twice Page 51 1611 ~ , I 5 January 4, 2007 hearing it and they had concerns about water treatment, they had concerns about anything being put there that might have been impacted by flood. And I just wondered, you know, based on that, you folks came back to the EAC and you satisfied them by saying what? MR. AMICO: The main concern the EAC had was the lack of specificity, You know, when we first went to them it was a PUD rezone, period, no limitations. They were concerned with traffic because the P could allow us to put a fairgrounds there. Well, it's not our intent. By limiting the conditions to essential services, they were comfortable that they weren't giving us the keys to the neighborhood, And that's really what helped them through it. COMMISSIONER MURRAY: Okay. So the issue was not really fixed on the notion of a water treatment plant or the need for buffering and flood control and all those other aspects of it? MR. AMICO: Their issue was primarily and mostly uncertainty of what we were trying to do by asking for plain PUD rezone. COMMISSIONER MURRAY: Thank you, CHAIRMAN STRAIN: Okay, Mr. Murray. Are there any other questions of staff or the applicant at this time before we try again to close the public hearing? (No response.) CHAIRMAN STRAIN: Okay, we will close the public hearing and we can entertain a motion, Is there a motion from the planning commission? COMMISSIONER SCHIFFER: I'll make a motion, CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I move that we forward with a recommendation of approval -- I'm trying to find out what we're forwarding -- Petition RZ-2005-AR-7271. And I'd like to add the following conditions: Number one be that it is limited to 2.01.03, essential services uses only, And I think I wouldn't mind if you in that put as per January 1st, 2007. That would eliminate creep into the -- I'd like to set, and it's an actual height, of 60 feet for the site. Sixty. We can discuss it. Because the next thing might cure that. And a minimwn setback of 100 feet. That answers Paul's need, Pardon? MS. DESELEM: Just to clarity, on what sides? All sides? COMMISSIONER SCHIFFER: All sides. CHAIRMAN STRAIN: Well, that's inconsistent with the current. But anyway, let's go for a second. We can discuss -- COMMISSIONER ADELSTEIN: I'll second the motion just to get it started. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer with certain stipulations. Motion's been seconded by Commissioner Adelstein. Now we'll open it for discussion. Ms. Caron? COMMISSIONER CARON: Well, I think we need to address the inconsistency with -- that Mr. Strain brought up of 12.2.8. And I don't think it should go forward before-- CHAIRMAN STRAIN: I was going to recommend a stipulation that this go forward, if it does go forward, with a stipulation that the Policy 12.2.8 of the Growth Management Plan be dealt with in a manner for consistency -- determine if it's consistent or not as it moves forward in the future. COMMISSIONER CARON: Additionally, they've limited to a water treatment plant only. And, you know, if they're going to put that limitation on themselves, obviously having to deal with the GMP issue first. But I don't see why we would add all the other essential services and make that limitation as Page 52 161 f" '1\ ,- .2lUary 4, 2007 well. CHAIRMAN STRAIN: It needs some of them to operate the water treatment plant You need a sewage lift station, you need utility lines. And those are not -- anything that the public hasn't had to deal with all over the county anyway, so I don't think they're a problem. But those in conjunction with a limitation that they have no sewage treatment plant may solve all the public's concerns we've heard. COMMISSIONER CARON: That works for me, CHAIRMAN STRAIN: And we've got the setback, but I think it can't apply to the existing facilities but maybe to new facilities. COMMISSIONER SCHIFFER: Right, new facilities only, of course. CHAIRMAN STRAIN: Then the height that Mr. Schiffer brought in at 60 feet I think is extraordinary compared to the fact that it's only 25 feet now and they only need 35 feet COMMISSIONER ADELSTEIN: They only need 30. COMMISSIONER SCHIFFER: Well, the agricultural is 35, But the problem I have is that if we just with P without limiting it P, the requirement is that if you're within 100 feet of a boundary line, you match that boundary line; otherwise there's no limit CHAIRMAN STRAIN: I'm saying limit it, but not to 60 feet They don't need 60 feet COMMISSIONER ADELSTEIN: They said 30. COMMISSIONER SCHIFFER: I think somewhere in the future with the water treatment plant they might want further height than that CHAIRMAN STRAIN: Well, but they've stated now that the current one is 25 feet, the future one is 35 feet COMMISSIONER SCHIFFER: But that's tanks, that's not a water treatment plant CHAIRMAN STRAIN: Well, if we leave it -- go ahead, Dominick, do you have any input on the height? MR. AMICO: Yeah. I think we're getting a little confused between the tanks and the actual treatment plant The treatment plants that the county's been building recently have been two-story treatment plants, CHAIRMAN STRAIN: Give us a number. COMMISSIONER SCHIFFER: Well, and I've looked at the one that's on Goodlette-Frank That's a tall -- that's not -- that's a tall structure. And remember, I'm also saying actual height, which means it's measured from the road to the top of the uppermost part of the building. I'm not saying zoned height MS, ABBOTT: I'm concerned with limiting the height of the structures, I mean, what we have been talking about are the tanks. But we also have degasifier units and odor control and that type of thing that might provide height there. We may need -- I don't want to say cellular tower but we may need a communication tower, you know, for our telemetry because all our plants, we are trying to link that and get all the data back So I'm concerned about you limiting heights without having a design in place, COMMISSIONER SCHIFFER: Okay, but towers aren't a building. I'm talking about building height. CHAIRMAN STRAIN: Ma'am, I think what you're talking about is when you come in for your conditional use, you have a concern about limiting height So if we limit height under the current application but your conditional use comes in and raises it and you're approved for that conditional use, you'll have what you want, or at least you'll have whatever comes out ofthe public process. I think right now we're worried that if we give you the P zoning with unlimited height on the essential services, you can come in there with a stacked tank 100 feet high versus the zoning district now Page 53 4 ~ 5 January 4, 2007 only allows, I think, 35 feet. I think that's where our concern is and what you're asking for now, not what you're so much asking for in the future. MS. ABBOTT: Okay. As long as we can, if we need to change that, when we come in-- CHAIRMAN STRAIN: Kay, is there any reason in our conditional use application, if we limited the height in the P district now today and they want to come back in with a conditional use for an expanded or different use in the future but that's allowed by conditional use, could then they ask for a revision to the height for that conditional use application? MS. DESELEM: I'll defer that question to the county attorney's office, MS. STUDENT-STIRLING: For the record, Marjorie Student-Stirling. I think they would have to come for a variance to go above the height that's established in a zoning -- for this rezone. Because the zoning is the controlling thing, And the way to get around the height or dimensional requirement like that is through a variance process, not the conditional use process, CHAIRMAN STRAIN: Could they be done simultaneously? MS. STUDENT -STIRLING: They could, yes. CHAIRMAN STRAIN: So either way you've got an avenue to do it, if that's the way it ends up, Go ahead, Mr. Adelstein. COMMISSIONER ADELSTEIN: Mr. Schiffer, is there any reason why you -- because these changes can be made that you want to use 65 now instead of 35 that they brought up just the past two minutes ago? COMMISSIONER SCHIFFER: Well, based on just what Margie said, 35 could be a disaster. The concern I have is that they've promoted this thing as if it's just changing the letter A to P. But there really is something sleeping in there and that's the height that you would be allowed. And I don't think it's fair to the neighbors that all of a sudden they look out their window and they see, essentially it's an unlimited height once you get 100 feet away from the property line. Who knows what they could come up with. So the point is that I think it's okay to change it to P. They're not asking for anything that's unreasonable now anyway. But I do think we've got to put a limit on the height for it also. MS. ABBOTT: And at this point you're talking about 60 feet is what -- COMMISSIONER SCHIFFER: Actual height. That means from the centerline of the roads that these neighbors are on, there will be nothing taller than 60 feet. You know, in other words, the roof structure of the penthouse will be at 60 feet. Remember, I'm also having there 100- foot setbacks, so there's 100 foot of vegetation before that P, MR. AMICO: If! could, maybe a way to get to where we're really trying to get to here is to modify the language a little bit to limit the height ofthe essential services so that we don't have to come back for a variance when we do a conditional use for the water treatment plant. CHAIRMAN STRAIN: Jeff, you're shaking your head no. MR. KLA TZKOW: Again, we're trying to put conditions on something that-- COMMISSIONER MURRAY: Doesn't exist. MR. KLATZKOW: -- doesn't exist. It's -- the time to do this is when you come in for your conditional use and you can see what the site development plan looks like or what the site looks like anyway, and you can go back and forth what do you really need. They're just asking for P now, and I don't know that any conditions on that really are such a good idea at this point in time. Because now when they come in with what they really want to come in with seven years from now, you know, at that point in time they may be looking for variances as well as everything else because they came in too early here. CHAIRMAN STRAIN: Margie, then Mr. Schiffer. Page 54 16/1 A r::, Janu"tt"ry 4, 2007 MS. STUDENT -STIRLING: Thank you. There's also case law that when you rezone to a straight district, the board that's doing the rezoning cannot, unless the applicant agrees, pick and choose which standards of that district will apply to that particular rezone, In other words, if you come in for P, you get P with the setbacks and the height and the uses that are part of that district. And if the applicant disagrees with it and were taken to court, then it's likely that the local government would not prevail. In this case I understand the local government is the applicant. And so if the applicant -- and not likely to take ourselves to court or anything like that. But if the applicant agrees to these, it's okay and you could prevail legally if they do. But otherwise it's questionable when you go to a straight zoning district. CHAIRMAN STRAIN: Thank you. Mr. Schiffer, then Mr. Murray. COMMISSIONER SCHIFFER: And Kay, at the neighborhood meeting did anybody point out the fact that you could build unlimited height buildings in the center of this site? MS. DESELEM: Right off the top of my head I don't recall. I'd have to go back and look at the-- COMMISSIONER SCHIFFER: And the purpose of this thing to us even is to provide notice to the surrounding property owners. That's not notice. That's not fair to have something like that sleeping in there and them not be aware of it. CHAIRMAN STRAIN: There may be a solution here before we get done. I'll simply ask the applicant what they can live with it. But Mr. Murray, did you have something you wanted to -- COMMISSIONER MURRAY: Yeah, just trying to put a height restriction on it will have negative impact all the way around because I think at the BCC the argument might change and we have no way of inputting then. I've been to the water treatment plants, and they're higher than 60 feet, at least some of the ancillary items are. They have scrubbers and they have other items that extend higher than that. And so we're really asking to create issues that I would rather stay with the zoning that is being requested. Although I think I fully well understand what it's intended to do. And in seven years in the future they have a means by which they can qualify it. So I would ask that maybe you would withdraw the 60 feet. COMMISSIONER SCHIFFER: But let me tell you, I think the height's an issue. I'll withdraw the whole motion and I'm going to vote for it to stay at agricultural zoning, CHAIRMAN STRAIN: Well, wait a minute. Before you go -- why don't we let him finish talking this out. You're jumping the gun -- are you withdrawing your motion now after all this work? COMMISSIONER SCHIFFER: Yeah, I'm going to vote to keep it at agricultural. CHAIRMAN STRAIN: So you withdrew your motion. So now we're -- COMMISSIONER MURRAY: I'll make the motion, CHAIRMAN STRAIN: Okay, Mr. Murray. COMMISSIONER MURRAY: I would make a motion that we recommend approval to the Board of County Commissioners Petition RZ-2005-AR-7271, public facilities rezone to that ofP with the restrictions associated with P, and that there will be no sewage treatment plant contemplated, requested or built, and that the condition that exists as a contradiction in the Growth Management Plan be resolved before any activity goes forward to the BCC with a recommendation from staff. COMMISSIONER ADELSTEIN: I'll second the motion, CHAIRMAN STRAIN: Motion's been made by Commissioner Murray, seconded by Commissioner Adelstein. Now we'll have some discussion and try to sort it out. Are you limiting it to the listed essential services that are in the Land Development Code as stated today and recommending that those be stipulated in the resolution on an item by item basis? COMMISSIONER MURRAY: The list that we saw on the screen, yes, that's what I was referring Page 55 16 J 1 .\ r:' . January 4,2007 to. With an additional aspect of deleting sewage treatment plant but leaving sewage lift in there. CHAIRMAN STRAIN: But sewage treatment plant's not in there to begin with. COMMISSIONER MURRAY: I'm sorry -- yes, sewage, yes. CHAIRMAN STRAIN: And sewage lift station can stay there since you-- COMMISSIONER MURRAY: Stay there. CHAIRMAN STRAIN: -- don't want to delete it. So let's just not --let's go back to what we were trying to leave in. COMMISSIONER MURRAY: If! saw it here again-- THE COURT REPORTER: Excuse me, you're both talking at the same time. COMMISSIONER MURRAY: Sorry about that. I'll try to answer the question, The answer is the listing that was shown before, that's the one I'm recommending. CHAIRMAN STRAIN: Okay. Are you considering any issues involving the setbacks? Mr. Schiffer had previously stated lOa-foot setback. It won't work on all sides, but it will work for any new construction. COMMISSIONER MURRAY: See, I don't know where the new tank is supposed to go so I don't know what their plan is. CHAIRMAN STRAIN: Mr. Murray, let me help you. Will the applicant come to the microphone, please, Dominick, this lOa-foot setback idea, I'm trying to get as many votes one way on this motion or the other. So I want to make sure we have everything in there that anybody could want. And if they still don't want it, that's okay, too. The lOa-foot setbacks, if that was limited to any new construction on the site, would you as an applicant be able to live with that? MR. AMICO: Would that apply to the SDP that's currently under review? The SDP that's currently under review places a tank right next to the other tank -- CHAIRMAN STRAIN: That's not an essential service application. That doesn't need this zoning today, correct? MR. AMICO: That's correct. CHAIRMAN STRAIN: So I don't think it should apply to that. Does anybody have any feelings one way or the other? COMMISSIONER MURRAY: I'm in agreement with you. CHAIRMAN STRAIN: Okay. No, it would not apply. MR. AMICO: I don't think the lOa-foot setback is a problem to the future plants-- CHAIRMAN STRAIN: So as the applicant you would accept the lOa-foot setback to any future plans beyond the SDP that's in the works today. MR. AMICO: That's correct. COMMISSIONER MURRAY: Good, that's fine. CHAIRMAN STRAIN: As the applicant, would you accept a height limit -- go ahead. MS, DESELEM: I just wanted the county attorney's office to clarify that. Because that SDP has not been approved. And I don't know what effect a rezoning action might have on something that's pending but not approved, if in fact there's some limitation on a setback. CHAIRMAN STRAIN: We're not limiting the SDP. The SDP can have whatever it wants to have. That's why -- MS, DESELEM: The zoning would follow with whatever you approve if the board adopts the approval of the zoning. And if that SDP isn't approved until after the zoning is approved, that has a more stringent limitation. I just want to make sure that the applicant -- CHAIRMAN STRAIN: But you don't understand, the SDP is unaffected by what we're Page 56 1611 lA 5 January 4, 2007 commenting on in regards to this setback issue. Is that what you're trying to -- because that's what we're discussing. Are you discussing something different than that? MS. DESELEM: No, I'm not certain that that's the case, because the zoning runs with the land, and if it's rezoned in the process before that SDP is approved, the zoning would affect it. CHAIRMAN STRAIN: Well, then why are they here at all? Why didn't we bring this up in the beginning of to day's meeting? So now we're just bringing up a new issue, basically, not one related to the motion. MS. DESELEM: Well, no. If you start adding setback limitations and stuff with which the applicant's site plans that are under review are not consistent with, there is the -- CHAIRMAN STRAIN: No, Kay, we very explicitly just said it would accept the current SDP application, The SDP application that's in now would not -- would not come under the setback criteria, MR, SCHMITT: That was in the motion. CHAIRMAN STRAIN: Right. MR. SCHMITT: Can I ask Mr. Murray to clarifY? You made the statement, though, in your motion that no plan would be -- no water treatment plant would be planned, conceived or otherwise planned for until such -- and I didn't quite understand that, because it is being planned and it is already in the planning. And I thought I heard that as part of your motion, COMMISSIONER MURRAY: You know what? I don't actually recall the context of all of that, but I can tell you that that is the truth, that's why we're having such a trouble with this. It is being planned, but it's not part ofthis. And what I was attempting to do, if I'm not mistaken, was to eliminate all of that and focus on trying to get this P designation in place. MR. SCHMITT: Yes, and that the-- COMMISSIONER MURRAY: And ifI over-committed it, and I'm not sure that I did, ifI was too stringent, I don't think I was, but if you're looking for clarification, what I was trying to do is focus on just making this happen -- MR. SCHMITT: Yes, COMMISSIONER MURRAY: -- as presented. CHAIRMAN STRAIN: Joe, let me try to cut to the chase. Basically the motion as I understand it was that for the essential services shown right here on the screen, we don't need to get into whether or not there's a water treatment plant being proposed there because that's a separate -- it's not included in this. MR, SCHMITT: That's right -- CHAIRMAN STRAIN: There is no sewage treatment plant in this either. MR, SCHMITT: That's correct. CHAIRMAN STRAIN: So we're not even -- that doesn't even need to be on the table, Simply the motion should be for the essential services that are in front of us here on this screen today, incorporated into MR. SCHMITT: Thank you. You clarified that as the motion. CHAIRMAN STRAIN: That's the first part of the motion. The second part was concerning the setbacks, which got into some confusion, because the setbacks were suggested by one member of the panel at 100 feet for any new construction, and that did not include what was there today, and did not include what was in the process in the county under the SDP, The applicant, as Margie had indicated to us, needed to agree to that. The applicant has agreed to that. So the 100- foot setback for new construction, other than those exceptions, would be part of the stipulation. The next one we were trying to get into is the height. Does the applicant have a recommended height that they could live with for this portion of their process, and then worry about the rest when they Page 57 ~t.. ,'~ \ A 5 January 4,2007 come back in for any conditional use? Because it may mean a vote or two on this board. You may want to the consider that. MR. AMICO: They're indicating that they cannot commit to a height right now without the plant being designed, especially if it's measured from the road elevation, as has been mentioned. CHAIRMAN STRAIN: Okay. So you think that in this future plant you may come in with a conditional use, you may need the full 100 feet? MR. AMICO: It's possible. The appurtenances to the plant are the things that get high. The degasifiers, the scrubbing towers. And you know, who's to know what the technology's going to look like seven, 10 years from now. CHAIRMAN STRAIN: Okay. Well, I'm just trying to make the P process simpler, But if the P process needs to remain with that height in it, then you'll have to deal with that height when you come back before the public to do this thing all over again to get a conditional use. Mr. Schiffer? COMMISSIONER SCHIFFER: I'd like to clarify. There is no height limit of 100 feet. What the P height is, within 100 feet of the property line you have to match the height limitation of the adjoining zoning district. It's silent past that 100 feet. Essentially it's unlimited. COMMISSIONER MURRAY: Yeah. COMMISSIONER SCHIFFER: And my concern with this is, first of all, they're not asking for anything they need. The only thing they claim is that it's just to notify the neighbors. But I'm afraid that this could be a Trojan horse. I mean, that height thing was never pointed out to the neighbors. My point is that there's no need for this. I think that what the county needs to do is design this plant, come before the neighbors, work out the issues with the neighbors, come before the boards and build the plant That handles the coastal issues, that handles the neighbors issues. This A to P is just a Trojan horse, I feel. Or I fear. It may not be. MS. ABBOTT: That wasn't our intent. I'm currently working on a new facility where we were able because it was more accelerated in the master plan, so it's going to construction in 2009, And when we got ready to do our design, we set up a citizen's advisory panel made up of homeowners so they could be a part of the input. I believe our highest structure right now, I believe is at about 60 feet. However, this is a smaller site. You're squeezing us in tighter. Especially with 100-foot setback You know, we're squeezing it in. And we do try to do a good setback of at least 100 feet That's what we would look at under our design and so on, We also try to limit height. And we did that with this other facility, because we realize people don't want these tall structures in their backyard. But if it means that when we're on the design one structure has to move 62 feet, I'm looking at a variance, And we also try not to go back and do a lot of variances, or any variances at all. We prefer to stay within the codes or policies, whatever has been set for a certain project. And on the northeast, as we said, we have tried to work with the neighbors and with the citizens and -- throughout the design process. We have them look at it, you know. We moved one building because they didn't like where we had put it. And we moved it into another area -- you know, we do things like that. So I don't think -- my goal is never to come in with a Trojan horse where we're going to go ad infinitum under this P. It really was for notification. CHAIRMAN STRAIN: Okay, But ma'am, I think -- go ahead, Brad. COMMISSIONER SCHIFFER: Then why do you need this P zoning? If you're that far along with your designs and you have conflicts, why don't you come in for the conditional use, we can discuss the coastal area, we can discuss would it affect the neighbors, we could discuss what they see. CHAIRMAN STRAIN: But the conditional use would only be good for two years, that's why they Page 58 1 6 1 '''1' lh r:: . ~amrc/ry 4, 2007 can't come in with it -- COMMISSIONER SCHIFFER: Then let's wait till -- THE COURT REPORTER: Excuse me, you're talking over one another. COMMISSIONER SCHIFFER: Then let's wait till, you're, you know, at the appropriate time. I mean, this P doesn't give you anything. I mean, you're saying this P doesn't mean anything. You're saying this P is only a notice to the neighborhoods. I mean, I could do that with a Christmas card, So I don't know why we're doing this P, and the P has stuff in it that could be dangerous to the neighbors, MS. ABBOTT: Without me having a design, I mean, you're asking me on the spot to limit my height. I think that's a tough decision to have me make right now. I mean, if you gave me something, you know, a bit taller. But even so, it may be too high, I may not need that. But I feel like I'm being limited. And I know what you're saying. We don't normally do this. We normally just go for conditional use, we normally just go for a PUD. This is just something that we thought would be in the best interest of the neighborhood to let them know what we're doing in the future, Our design probably will not start maybe 201 I. COMMISSIONER SCHIFFER: But why can't you just live with the A and then come in in 2011? What is this P giving you? I mean, you started out saying it's giving you nothing. There's no reason for it. But it does have stuff in it that could be a problem. MS. ABBOTT: On other sites where we have that ago zoning, people think it's a preserve because nothing's going on there, We feel that if they see it has a P zoning, they will realize something else is coming. I don't know that people who are buying properly go into the master plans of the utilities. Some might, because they're aware of that's where you look at what the transportation is doing, But most people don't do that. And some might look at the zoning. If they look at the zoning, they will see that this is a P zoning, so something could come here. And that's what we're trying. It will make them ask questions and realize early that this is what we plan to do. Just by this process. And then the homeowners realize that they're going to have a water treatment plant here between 2014 and 2018; whereas before they didn't know that. They probably thought it's just going to stay the way the way it is, we'll put in a couple more tanks and the rest will be a preserve. CHAIRMAN STRAIN: Mr. Adelstein, you had a question? COMMISSIONER ADELSTEIN: No, I don't have a question at all. I have a statement I wanted to make, CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: As I understand it, what we're trying to send to the County Commissioners is a recommendation to approve something that is not consistent with the GMP that and can have an unlimited height and can be built on sometime in the future, and I don't think that's good planning. CHAIRMAN STRAIN: Mr. Kolflat -- okay, Mr. Adelstein? COMMISSIONER ADELSTEIN: I come to the same conclusion, I think I would be very foolish in voted for this. CHAIRMAN STRAIN: Mr. Kolflat, we are not sending something to the Board of County Commissioners that is inconsistent with the GMP at this time, We're sending a P use. And what we would be recommending by stipulation is that they consider the inconsistency of what the intended use would be should the applicant come back in with a conditional use in the future. And then because if the whole purpose of this is to eventually get that conditional use, it may be for naught, because the GMP has a direct conflict in it. Page 59 16 ! 1 ~ ~nuary 4, 2007 But that conflict doesn't apply to this P zoning. P zoning is for essential services which are allowed there right now as it is today. It's simply a notification to the public that this is not agricultural property and not intended to be in the future. How they deal with it in the future, consistency with the GMP, would be something we're recommending they look at now instead of waiting till then. COMMISSIONER KOLFLA T: But the future is no mystery to us. Everybody has declared what the intent is to build there eventually. I mean, it's not a matter of we don't know what the future is, The future is to put a water treatment plant there, CHAIRMAN STRAIN: But that is why we're asking them to look at the GMP consistency now. So they don't go any further with that if it can't be done. I mean, it's up to this board. Mr. Murray, go ahead. COMMISSIONER MURRAY: Well, Ijust add a little bit more oil to the fire here. If you consider some of your comments, ma'am, about what you're intending to do, which I applaud, I think it's good that government should notifY neighbors of its intent in some fashion, and I'm sure nobody planned for this to get this confusing. But thinking about it, if we don't put any kind of -- I don't want to use the word limitation, but statements of qualification such as height and setback, then the questions for the next five to seven years will always be from adjoining neighbors, what are you going to build there, how high, and what is it going to do? And your answer will have to be, we don't know because we haven't designed it yet. And that will in fact impact the value of property and how people perceive what they should or should not build, And so I would say that it may not resolve what it is you intend to resolve, the way I perceived it anyway, I'm willing to go forward with my motion, I did not answer your question, didn't have the chance to answer your question. A 100- foot setback is fine for me. I am concerned about the height. I do not think that we should have an unlimited height there, But I am also concerned that we don't want to constrain any future structure which inevitably is intended to be built there. So I myself, Mr. Chairman, am in a quandary with regard to the height. And I would ask you, with your very good knowledge, to help me in that regard, if you have a comment. CHAIRMAN STRAIN: Well, to be honest with you, Mr. Schiffer's previous recommendation of 60 feet to me is generous, considering this is only a P use and the intent has been clearly stated, they don't want do anything extraordinary there and that this is strictly for notification purposes, If it was over 60 feet, to me that is due notice to the public. So I could live with the 60 feet. And if they have to come in for a variance concurrent with a conditional use in the future, so be it. COMMISSIONER MURRAY: Okay. And I accept that qualification, and I would look for a nod. Well, I've already heard that they're not happy with that notion. And I can appreciate that. But just as a conditional use could be turned down, a variance could be turned down, just as it can be -- you go forward and so can a variance go forward. So I'm going to add that to my motion. I will make it 60 feet. CHAIRMAN STRAIN: One other point. Marjorie Student made it very clear that if they don't agree with the 60 feet, basically it doesn't really stick Because it could be subject to successful challenge. So I think contingent on whether or not this board votes on it, it's going to be on their answer whether or not they'll agree to the 60-foot limitation on the record. Because if they don't, that will affect some votes. And if they do, it may affect others. So I'm going to ask the water plant question, do you guys -- will you guys accept the 60-foot limitation of actual height on your project as well? MS. ABBOTT: Yes. Page 60 16 J 'i. ! AJa~ry 4, 2007 CHAIRMAN STRAIN: That's an acknowledgment in the affirmative, okay. Now with that, the motion is to limit it to essential services shown on our screen here and be stipulated in the resolution. Limit the height to 60 feet of actual height. The setbacks on all sides for the future construction, excluding what's there today and excluding the current SDP that's in process shall be 100 feet. And the recommendation to the Board of County Commissioners that they seriously review the application of the GMP 12.02.08 section in regards to future uses of this property in their consideration of this particular application. COMMISSIONER MURRAY: That's an excellent recap of my motion, Thank you, Mr. Chairman. CHAIRMAN STRAIN: Does the second accept the recap? COMMISSIONER ADELSTEIN: Yes, absolutely. CHAIRMAN STRAIN: Okay, COMMISSIONER SCHIFFER: Mark, I have a question, Did you limit the date for the essential services to be the current date? CHAIRMAN STRAIN: In our original discussion we did, but we'll reemphasize that, that the essential services of2.0 1.03 as shown today on the screen will be stipulated in the resolution. COMMISSIONER MURRAY: That I thought we had done, but okay. COMMISSIONER ADELSTEIN: Second includes it. CHAIRMAN STRAIN: Okay. Dominick, you're going to -- be careful. MR. AMICO: Yeah, a quick question, The 60-foot height limitation, that applies to the building or to all -- CHAIRMAN STRAIN: Everything 60 feet. MR, AMICO: Everything. CHAIRMAN STRAIN: Everything 60 feet. MR. AMICO: Well, the applicant's indicating they can't accept that because their communications tower is typically a lot higher than that. CHAIRMAN STRAIN: They're not willing to address that during the variance or conditional use process? They might want to reconsider doing that at that time. MS. DESELEM: If I may, while they're discussing that, also tell you that Robert Wiley is here if you wish to have any input regarding that policy and the position of staff. CHAIRMAN STRAIN: I think we can try to get through as it is now, Yes, sir. MR. MULLIN: For the record, Bill Mullin, Principal Project Manager, Public Utilities. None of us here are design engineers, so we really don't know the complete design. And 60 feet sounds like a reasonable compromise, But we do know that we will need a communications tower. A lot of those towers have a line of sight that are above 60 feet, and we have those at all of our other facilities. By limiting the total -- any structure to 60 feet would minimize our ability to have radio communications with all of our other facilities. It would be something that is just not -- wouldn't be good for us, CHAIRMAN STRAIN: And that's a reasonable request. I would suggest we consider eliminating the 60-foot height for communication towers, COMMISSIONER SCHIFFER: In my motion I originally had the building height to be 60 feet. MR. MULLIN: I thought that was the motion, COMMISSIONER SCHIFFER: Antennas and communication towers would not fall under that requirement, they have their own section of the code, So the intent -- and I guess I may have to vote for this, is the building height to be 60 feet. COMMISSIONER MURRAY: I would like that the motion maker gets an opportunity to look at Page 61 "I' . 1t, ~ ~ Jan'uary 4, 2007 the motion and revise that, if! can, May I? CHAIRMAN STRAIN: The motion as we previously stated, with the exception of the limit to the building height will be 60 feet of actual height. Is that acceptable to you? COMMISSIONER MURRAY: Before I do, a tower would be a conditional use in any event, would it not? COMMISSIONER ADELSTEIN: Yes. COMMISSIONER MURRAY: That's automatically a conditional use-- CHAIRMAN STRAIN: Well, no, number four allows communication towers. COMMISSIONER MURRAY: I'm not going to have a problem with modifYing that. Ifwe want to exclude -- do we want to also exclude scrubbers? Or are we just talking about -- MR. MULLIN: Those facilities would fall under the 60 feet. But the communications towers is really a criticallinJ<. COMMISSIONER MURRAY: Well, let's exclude the towers as being subject to the limitation. CHAIRMAN STRAIN: Mr. Adelstein, do you accept that? COMMISSIONER ADELSTEIN: I'll accept that. CHAIRMAN STRAIN: Kay, do you have this down? Do you feel adequate with this discussion? MS. DESELEM: Yes. For the record, Kay Deselem. I believe I do, And did he just add a specific exclusion of communication towers? CHAIRMAN STRAIN: Yes, we did. MS. DESELEM: That's what I thought, okay. CHAIRMAN STRAIN: Okay, back to -- very complex motion has been made and seconded, We've had a lot oflengthy discussion. Call for the vote, All those in favor of the motion, please signify by saying aye. COMMISSIONER KOLFLA T: Aye, COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. All those opposed? COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: One opposed. Motion carries 7-1. And with that, we will take a break until I :00, COMMISSIONER MURRAY: It's got to be later than I :00. I've got to go home, CHAIRMAN STRAIN: Later than I :00, okay. MS. DESELEM: Would it be possible to give you the calendars that I have so you can have those before you take your break so -- CHAIRMAN STRAIN: Calendars for? MS. DESELEM: The year. Pursuant to Ray Bellows and your request with Joe and Ray. CHAIRMAN STRAIN: You can pass them out, but yeah, that's fine. We'll just take them as we leave. This board will break until 1: 15. (A lunch break was taken.) CHAIRMAN STRAIN: We'll bring the meeting back to order. And we have a roomful of people that are interested, as usual. Page 62 16 , 1 A 5 January 4,2007 Item #8A CONTINUATION OF EAR-BASED AMENDMENTS Okay, we're back on the schedule for the planning commission. We're going to resume the continuation of the EAR-based amendments, We left offby just starting to go into the population portion of our discussion. I don't know who from staff is going to present it, but I hope one of you guys are. MR, COHEN: Before we get to that, Mr. Chairman, I know you raised the question with respect to the CrE and the review of that on an annual basis. And we wanted to provide some language to you. You asked us to come back and do that. CHAIRMAN STRAIN: Yes. You ready to do that now? That's fine. MR. COHEN: Yes, sir. And if you turn to Policy I.3 in the CrE. CHAIRMAN STRAIN: Give us a page? MR. COHEN: I'll try to do it from your staff report. COMMISSIONER CARON: It's not here. MR. COHEN: It's in the CrE itself It's not part of your unamended version. I'll read that policy to you and then I'll tell you what we would add on to it. CHAIRMAN STRAIN: I've gone the CrE, so I'll turn to it real quick. 1.3, which would be on Page 4 of the original document you guys gave us, if I'm not mistaken. MR. COHEN: Currently 1.3 reads, the determination ofIocation of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the county's annual population projections. And the next sentence says, where applicable public facility improvements will be coordinated with the capital facility plans of any other govemmental entity providing public facilities within Collier County. The part that we would add on would be, levels of service standards for public facilities may be adjusted annually based on more recent data and analysis. CHAIRMAN STRAIN: When you had shown me that language earlier, my comment to you was -- and I guess now that Marge is here she can weigh in on it -- if we have an element in the CrE which we currently have under, let's use parks and recs as an example because that's what start this whole discussion, On Page 5 of our amended document, they actually have specific acreages listed as the level of service, 1.2882 as an example. The language you're saying says that that can be amended any time in the future, But I want to -- what I'm concerned about is the AUIR -- I don't want the AUIR to be contingent on the 1.2882 if that's not the number that we intend to use, So we have to go back and amend it before we're allowed to use it in the AUIR. MS, STUDENT -STIRLING: I think for the AUIR, that -- well, we all understand that amendments to the CrE are based upon the AUIR. So I think if something changes in the AUIR, then we go ahead and we amend our plan in keeping with that. CHAIRMAN STRAIN: Well, Margie, at the last AUIR discussion we had just a month or two ago, we were told, this panel and the productivity committee, when we questioned some of these numbers, we were told we had to use them because they were in the adopted part of the GMP. MS, STUDENT-STIRLING: Right. And there was a disconnect there because of some time lags associated between when the AUIR was done and the -- because of the EAR when the comp, plan amendments were done. I think the long and short of it is that if we have to do a special cycle or something to bring that, you know, in closer harmony, then we could do that. CHAIRMAN STRAIN: But you are saying that if we adopt this today with the 1.2822 in it, that we Page 63 1611 F ",'~\'1 January 4,2007 have to use that LOS in the upcoming AUIR, or we have to go in and change the CIE again, MS. STUDENT-STIRLING: No, I don't think -- I didn't mean to say it that way. CHAIRMAN STRAIN: Well, then why don't you tell me the process. MS. STUDENT -STIRLING: Okay. This is in the plan for now. Then we do our new AUIR. And we're not bound by -- I don't feel that we're bound by this for the new AUIR because the purpose of the new AUIR is to see what we've got and see if we need to adjust this, So then we have this, then we do the new AUIR, and then we adopt the compo plan language based on the new AUIR of the new level of service if we have to do that. CHAIRMAN STRAIN: Okay. Maybe I'm -- maybe I fell asleep during the AUIR process. Maybe I didn't hear it right. I'm the only one -- MS. STUDENT-STIRLING: Mark, what I was talking about-- CHAIRMAN STRAIN: Margie, let me finish. Any other members of this commission recall the discussion in which we tried to change the level of service and we were told we couldn't because of the adoption of the GMP? COMMISSIONER ADELSTEIN: You're right. COMMISSIONER TUFF: Very specific, yeah, CHAIRMAN STRAIN: Okay. Now I think you're saying we don't -- if we adopt it, it doesn't apply to the AUIR. MS. STUDENT -STIRLING: No, because I don't do doublespeak But what I'm trying to say is in that other situation, it was an anomaly because of the EAR -- we were -- the EAR amendments were lagging behind and it was an anomaly. MR. COHEN: What was transpiring is the EAR-based amendments were based on a new population projection, and the AUIR was based on the adopted population methodology, So the problem that we had going forward at two times -- at the same time is in essence two different methodologies, and that's where the problem arose at that particular time. Whereas, normally an AUIR serves the purpose of modi tying the ClE. Because of the EAR-based amendments going forward and not being adopted, we ran into what Margie said, an anomaly with different methodologies. In the intent behind this particular AUIR for this year, she used it as a planning tool but it's not to move forward with it to modifY the ClE. Subsequent AUIRs that you'll see in every other year that come forward now, they will be used as a planning tool but in addition to that, as in the past, to modifY the CIA. This year's is not. And that's the anomaly, because of EAR-based amendments. CHAIRMAN STRAIN: So what you're saying, and I understand the language you want to add. Margie, what you're telling us is in your legal opinion, when the AUIR comes up before us, we can basically change whatever we want in that document. We're not tied to this GMP amendment or this EAR or any GMP references, MS. STUDENT-STIRLING: Right. I don't think so, because that's the purpose of the AUIR, to serve as a basis to change this, except for that anomalous situation that we had this last year. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: I remember we had this problem years before, too. It wasn't just last year. CHAIRMAN STRAIN: I'm completely baffied by it myself. Because it was convenient two months ago to leave it the way it was. We wanted to change it, we strongly recommended changes, The argument was that staff didn't have time to change it. So then we were hit with well, we can't change it anyway because the GMP was adopted with this language in it. Okay, with that argument, we had to put it to rest. Page 64 16(1 A 5January 4,2007 MR. COHEN: What I can tell you is -- and this is the problem associated with modifying the CIE itself, the levels of service standards, is there are other sections of the GMP that would have to be modified in addition to that, okay. So in conjunction with this language, what I would do from a staff perspective is also tell you to make a recommendation to the Board of County Commissioners that when we change level of service standards in the CIE because we have different elements like recreation and open space and potable water sub-element and water-sewer that also have levels of service standards, that we only do one cycle of amendments on an annual basis and when we can do two, that we do some staff-generated GMP amendments as a second cycle, which would allow us to make those changes at the same time so we don't have conflicting provisions in the GMP. For example, if you were to change the level of service provisions for recreation like we discussed today, you would also want to make changes to the recreation and open space element at the same time or you're going to have that lag until some cycle comes about and you're going to have conflicting provisions. We couldn't have that happen. CHAIRMAN STRAIN: So you're -- well, are we going to come back to the recreation and open space? Or I guess this is the time we best discuss it. Are you recommending then we leave these calculations 1.2882 in here, and 2.9412 per acre in there? MR. COHEN: I'm personally not making any recommendations with that. If this board has a recommendation that's contrary to that that you feel should be made where you adjust the level of service standard with respect to any part ofthe GMP, then it's in your purview to do just that. CHAIRMAN STRAIN: Ms, Caron? COMMISSIONER CARON: I believe that as was discussed earlier with Mr. Schmitt, he agreed that the language should be changed and become more generic, And that's partly why you changed the eIE language. But it also needs to be changed here as well. And that's what he was talking about was making this language be more generic. I wrote it down when he said it, change the language to be more generic. MR. COHEN: And the intent would be to modify the CIE. And that's where the levels of service standards are set forth for everything, If you're asking us to go through and put policies which would be basically, you know, analogous provisions in all different elements that have levels of service standards, obviously we can do that as well. CHAIRMAN STRAIN: Well, my concern is I don't want to recommend for approval Policy 1.1.1 with definitive levels of service in it. So that's where my position is. MR. COHEN: Well, correct me if I'm wrong, from the county attorney's perspective, but pursuant to 91-5, we have to have a definitive level of service -- MS. STUDENT -STIRLING: We have to establish the level of service -- CHAIRMAN STRAIN: I thought you might say that. Then I'd like to see the backnp for the numbers that are shown here. Because I don't know how those are derived. And I specifically know that when parks and recreation came before us during the AUIR in reference to the fact they used the SCORP standards, in reading the SCORP standards it was shown they don't use those as a true guideline, So now I'd like to know how they got those specific numbers that they're using for level of service. MR. COHEN: And Commissioner, quite frankly I can't answer that because since I've been here with the county for four years, those standards have remained the same since I've been here. I would imagine they probably came about during the adoption of the '97 plan, CHAIRMAN STRAIN: Well, I don't know where you want to go with it, but I've already stated my concern, The rest of the planning commission, do you have any issues on this one while we lay them out? If not, let's just move back to the population discussion. We'll have to deal with this when we come to it. (No response,) Page 65 16 11 A '5 January 4, 2007 CHAIRMAN STRAIN: Okay, the population discussion is the methodology paper you gave us, starting with Policy 4.8; is that correct, Randy? MR. COHEN: Yes, sir. And it's dated December 20th, 2006. And on the first page of that memorandum, the item that's outlined in red, that's the language that was provided to us by the Department of Community Affairs. I think the important part of that particular provision is one, that it reflects that the county will be using the medium BEBR numbers adjusted by a seasonal population rate. And it does not specdy a specific percentage. Which allows us -- in addition, if you look at the second sentence in there, to adjust things annually as we determine, And the reason that's important is that allows us to take a look at the projections as they come forward, whether or not we're building at an accelerated rate or a slower rate or if our seasonal population changes. And we all know from past history we were building at a very high rate, and now it's slowed down. And that's probably more obvious when you look at BEBR, which made additional estimates of what our population was going to be, for example, this past year. And then when they looked at the real data that came in, I think it was reduced by about 4,000 people, based on actual building trends that occurred in the county. So looking at it on an annual basis is very important from a planning perspective, and we will do that every CIE. I think what I'd like to do is to run through what I've done, And first, one of the things that we did do is I had Corby go back and take exhaustive notes of some of the things that you told us to take a look at One of the things you told us to take a look at as a group was to take a look at all the BEBR bulletins from 2001 to the present, which we did. You told us to take a look at the block data, census data within the water and sewer district, which we did do. You asked us to verilY with BEBR, you know, their methodology. We had conversations with them, obviously not of a seasonal population variety, because they don't do seasonal population projections, they just base their permanent population off the 2000 census and then move forward from that, that point In addition to that, we tried to look at some local sources of seasonal population data to see if we could grasp something from another source that could provide something to us. And we contacted the Naples area Board of Realtors to see if we could get a gauge from them as far as what their vacancy rates are and how their units actually worked in terms of their listings, And what we found out from that particular conversation was that there's such a limited amount of seasonal rentals that are put on the market, and most are handled differently, that it really was less than three percent ofthe units that are seasonal that were currently rented through them, And that just wasn't a good source of information, so we had to discount that So the intent was to take a look at the variety of sources that you asked us to identilY. I think of really good importance was looking at the population within the water and sewer districts. And I want point out that what we did is we went back to the year 2000, so we didn't double count anything. We used the basis for the year 2000, which established our permanent population, but also a seasonal population rate of23.8 percent And what you've got up on the visualizer right now is a map of the water-sewer -- water and sewer districts, but only those blocks that are contained within those -- in their entirety within those districts. We didn't use any of the blocks that straddle the districts because we didn't want to try to interpolate data within those in the short amount of time that we had. But it gave us a very large representative sample, which we believe is statistically sound from a statistics standpoint, at least within most statistical realms, What we did find from that analysis is that when we took a look at the water district itself, we ended up with about a 56,9 percent sample of all the population within the water district And when we looked at the units, 23.9 percent of those were actually held for seasonal use. When we did it for the sewer district, which is when you -- if you refer back to that Page 66 1611A 5 January 4,2007 large map, we were able to capture a lot larger amount of the population, And in a number of units it actually came out to about a 78 percent sample, And about 19,9 percent of those units were held for seasonal use. When you looked at the seasonal population for the entire county, which was 23.8, it's kind of interesting that that number kind of correlated a little bit with the sample that we had for the sewer district. But, you know, numbers are just what they are, We're trying to get the most representative numbers that we can to provide what the board provided us, which was direction to come back to them with a very conservative population estimate. In particular to make sure that they don't run into a situation where we have not addressed our water and sewer concerns, where we run into a problem like we did in, I think it was in 2001. And that's what we've done in terms of addressing a conservative approach. The main problem that we had in undertaking an analysis of this type, and it's something that's going to be cumbersome or almost impossible to address, is what is the peak occupancy of those seasonal units at any given time. It's obviously not 100 percent. And we used a factor of 85 percent just to be on the conservative side. To be able to actually go out and determine at anyone given point in time what is the exact peak season, you know, in terms of how many of those units are occupied, you'd have to do it on one given day and find out what it would be. And I think that's extremely difficult to do. We do know that January typically is the peak month for most season-driven economies. But the question is how do you do that in such a timely fashion to where you get a sample of such a large size to give you an exact number of what that peak occupancy is. I don't think you really can do it. What I can tell you is that looking at trends, hotel and motel trends and looking at the occupancy of those units, I know the highest month that we had, which I think was February, had 90 percent occupancy. And that's why I chose the 85 percent number, in addition to trying to err on the side of being conservative as the board directed. Is that an exact number? No, it's not. Is the methodology flawed in that respect? I'd have to say yes, it is, But I think it's a good conservative estimate of what the peak season could be. The other thing that we didn't put into the equation, and you may notice that, is hotel and motel units. We did not factor them into the peak season. The rationale for that is a lot of those are located in the incorporated areas and not served by Collier County public infrastructure, But in some instances they are, And the board pointed out deliberately to us that when we apply these percentages -- and we have to have one methodology across the board, we can't vary, which is problematic in some respects -- that when we look at certain public facilities, we need to apply like solid waste across the county, because we do collect solid waste across the county. But at the same time we have different populations for water and the sewer districts, Regional parks are done on a countywide basis, Community parks are done just for the incorporated area. So it becomes kind of problematic when I see numbers that differentiate sometimes when you have a water district seasonal use -- seasonal peak population that differs by four percentage points from a sewer -- from the sewer district's peak -- seasonal population, Where do you draw the line and how do you come up with a definitive number? And I think what's really important is that when you look at the numbers themselves, when you look at the graphic that's near the end and which is in the chart itself, I think what's really important -- this is the second to last page of what I've put together, If you look at that black line that's on that particular page, what that is is that represents the weighted average as it exists today applied to determining population when we determine what our capital infrastructure needs are, And if you take a look at that line, because it's based on high BEBR numbers, and then what equates to about an 11 percent seasonal factor, because of the way the high population numbers continue to go on up, it rises above the medium BEBR numbers with probably any percentage increase on seasonal population after a certain point in time up to about, I guess probably around the 24, 25 percent level. That Page 67 .,,- ~. ^ h ,. " ....'::J Ii , , . .~,# January 4, 2007 red line at the top, what that represents is if we were to use medium BEBR plus the seasonal population rate as it exists in today's comprehensive plan, which is 33 percent, that red line up top would be that number. What I did is, based on the numbers that I had and discounting them based on the 85 percent seasonal population rate, I took a look at what I thought were percentages that were representative of the various different numbers that we looked at for the water district, the sewer district when we took Naples and Marco Island out of the equation, and used a variety of items to take a look at what would be the effect on capital facilities if we used a 15 percent seasonal population, up to 20 percent. And what's kind of interesting with that is in any given year -- because if you go out five years, which is to the year of 2011, you know, based on the prior methodology that exists today we would have had, you know, 491,147. And if you look at all the other, you know, percentages based on medium BEBR plus a seasonal adjustment, every one of them actually was less than the five-year horizon. That provided a decent comfort level, because we know in the past that our water and sewer projections have been pretty close to where they need to be in projecting population, as well as projecting needs ever since we changed the methodology, The other interesting point is if you look in that same year of2011, whether it's 15, 16, 17, 18 percent, you know, each year kind of represents a 4,000 -- each percentage point represents an increase of 4,000 people, approximately. Which is not a major increase. However, erring on the side of caution, you know, we looked at it from the perspective of we need to be as conservative as possible. And when we looked at things from the perspective of conservative as possible, we looked at the water and sewer districts and we had the one that had that 23.4 percent seasonal population. And that's where the due care came in coming up with the right -- and doing the recommendation of the 20 percent. So the recommendation is based on a variety of factors, I think statistically sound samples which exist in the water sewer district. Starting also by looking at the 23.8 percent countywide seasonal population. But also knowing that when we took out the City of Naples and the City of Marco Island that the seasonal population outside of those areas was only 19.4 percent. So we tried to come up with a figure that was adequate to address what our actual seasonal population was at some type of peak usage and at the same time being conservative within the approach as dictated by the Board of County Commissioners with respect to water and sewer. So that's what you've got. I'm here to answer any questions you might have. I'm sure you may, It's not an exact science. But in talking with DCA, and I had that conversation with them, it is data analysis that would appear to be acceptable to them. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: On Page 4, about halfway down where you talk about the seasonal population of Immokalee, I see where it's crossed out increased by 15,000 persons and substituted 20 percent, which would be about -- going from about a $15,000 -- 15,000 person rise in population during season down to 5,000, which is a very substantial decrease. Could you tell me the methodology you used to justify that? MR. COHEN: Which page are you on? COMMISSIONER MIDNEY: Page 4 of the objections, recommendations and comments report, MR. COHEN: That's not in the memo that -- or attachments that I provided to you, if! recall correctly, COMMISSIONER MIDNEY: This is the one that I got this weekend. MR. COHEN: Excuse me, you're in the staff report? COMMISSIONER MJDNEY: It's the ORC Report and Collier County response. Page 68 16JlA 5 January 4, 2007 MR. COHEN: A different document. Let me try and find where you are, Mr. Midney; bear with me here. COMMISSIONER SCHIFFER: Randy, he's in the -- remember the paperwork we had for the meeting that was canceled when we got there? It's in that paperwork on the cover. CHAIRMAN STRAIN: We are going to get to that document today at some point, just so you know. COMMISSIONER KOLFLA T: Was that Page 4, Paul? COMMISSIONER MIDNEY: Yeah, Page 4, MR. COHEN: Well, Mr. Midney, I think the concern was that the except Immokalee portion was taken out, because we realized that the peak -- the seasonal population of Immokalee didn't increase by 20 percent, and that's why that language was taken out. You know, if you have any suggestions, we'd be more than happy to take them into consideration. COMMISSIONER MIDNEY: Yeah, I do. The way I read it is that it says the seasonal population is going to be 20 percent for all areas of the county, And crossed out is except Immokalee, So does that mean that you're saying that the seasonal population of Immokalee only increases by 20 percent? MR. COHEN: No, sir. And I think that probably should be reworded. I think what's happening is the way the 20 percent would factor in for public facilities would be an across-the-board 20 percent for whatever that particular public facility would be. Say it's regional parks, the 20 percent would apply across the board countywide, just like it does today, Same thing for solid waste, I think the intent there, and I didn't work on that particular provision, was to address the 15,000 population that was there, And I think that came across in the wrong manner, and we need to address that. COMMISSIONER MIDNEY: I'm a little bit confused. Are we talking about the amount of county services or capital investments that we need or are we talking about population? MR, COHEN: Well, we're in two different documents, okay, and that's kind of-- COMMISSIONER MIDNEY: That's what confused me because I thought we were talking about population. MR. COHEN: We are. And the population that we're talking about is the population methodology memorandum that I provided under separate cover, and you're in a different document from that. COMMISSIONER MIDNEY: But that document excludes Immokalee? MR. COHEN: The document that pertains to population pertains to establishing a new population methodology countywide. CHAIRMAN STRAIN: There might be a solution to this, That document that Paul's talking about, I have a lot of questions on, as other board members may have. At some point we were going to get into that document. And that may be -- by the time we get into that, maybe some of this other population stuff will be resolved, We're not into this document yet, we're still on the first one, So maybe if we work our way through the documents, when we get to that it might help understand it better. MR. COHEN: And the intent here is, obviously this is one section that I did for your review and consideration. And Mr. Weeks is going to be back to discuss the provisions as they pertain to the future land use element and the CIE as well, as well as Mr. Schmidt here. So it's kind of a little tandem effect here. CHAIRMAN STRAIN: Well, let's try to get through the population methodology document first, which is the one with the BEBR information in it, and then we'll work our way through the rest of the two or three documents that were provided to us, So Randy, you were working from the population methodology document in your discussion just now? Page 69 16 I 1A 5 January 4, 2007 MR. COHEN: Yes, sir. CHAIRMAN STRAIN: Okay. That is a multi-page document with a lot of tables. Is there any questions from the plalliling commission on the way the population methodology has come about? Ms. Caron? COMMISSIONER CARON: Ijust want to ask, you made a comment that currently we're using BEBR high plus I I percent? Is that what I heard you say? MR. COHEN: Yeah. The way the formula works, which is how we calculate weighted average, which is two-thirds times the permanent population plus one-third times the peak population, it equates out to an I I percent seasonal adjustment. COMMISSIONER CARON: Including Naples and Marco Island? MR. COHEN: It includes the entirety ofthe whole county, yes, ma'am. COMMISSIONER CARON: The whole county. Using BEBR high. Then you move on to these other figures, and we step down to BEBR medium -- MR. COHEN: Yes, ma'am. And the rationale for that is that the medium BEBR numbers that were provided -- COMMISSIONER CARON: Understood. And we take out Naples and Marco Island, MR. COHEN: The numbers that you have in this particular graphic do not take out Naples and Marco Island, COMMISSIONER CARON: Oh, okay. MR. COHEN: The way you would take out Naples and Marco Island would be is when you apply the factor to like, say, community parks and -- I'm trying to think, community parks and the water and sewer districts, which will have different populations. That's when the different numbers will come about, as we address specific populations that do not include those geographic areas. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: I'm still back to Immokalee, because -- is this graph here including the Immokalee change, which is a much different type of change than the rest of the county? MR. COHEN: From the standpoint of providing, you know, public services countywide, it addresses -- I guess the best way oflooking at it, say we were looking at original parks, which includes ImmokaIee. Obviously we're including the seasonal factor that includes the population countywide because that's not only your existing population that's in your CIE, it's also the board's direction. Community parks for Immokalee and for the rest of the county would include a discount that would take out the incorporated areas of Naples and Marco Island. The water and sewer district for Immokalee would obviously not be affected whatsoever because it's a separate water and sewer district that sits out there. So it affects it in some respects and in others it does not, based on the percentages that are there, COMMISSIONER MIDNEY: Because the problem I have is if the rest of the county increases 20 percent and ImmokaIee increases let's say 60 percent or more -- you know, traditionally it's been thought of as more than that -- then the services for Immokalee should be affected by that increased amount. MR. COHEN: I think what ends up happening, Mr. Midney, is when we start breaking out data in terms of respective needs for different parts of the county -- let's use recreation as an example, When they do their planning, I would anticipate, based especially on past trends and the increases in population for example in District 5 that has transpired as that district grows -- that the needs for certain services in that area obviously are going to increase. And that would be an area that they would highlight where population growth is occurring. So when you ask that question you look at population growth on a countywide basis, but at the Page 70 p, 16~1 A 5 January 4, 2007 same time when you do your planning for capital improvements in providing things, you have to look at respective need where that growth is transpiring. And that's how the area of Immokalee and the area in eastern Collier County would be addressed. COMMISSIONER MIDNEY: Thank you. MR. COHEN: You're welcome. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Randy, you provided us with a flyer from Florida Population Studies, BEBR MR. COHEN: Yes, sir. CHAIRMAN STRAIN: What was the purpose of that? It had some tables in it MR. COHEN: The reason I provided that to everybody is there were questions that were raised previously about what the BEBR methodology was and how it applied statewide as well, too, So I __ my understanding was that most people on the commission had not seen anything from the Bureau of Economic and Business Research. So what I wanted to provide you with was a typical population study so you were aware, one, of the methodology. Two, how it applied to Collier County, And three, how it applied statewide. CHAIRMAN STRAIN: If you -- you had provided a data table after the charts. And in it you broke down the existing -- I found it more useful than the charts, because it was a little easier to follow. You talked about existing methodology and then 15 percent plus BEBR medium and 16 percent I went and tried to take that chart, match it up to numbers in the document I just asked you about called Florida Population Studies, And the first one that should match up is on Page 4. The estimate for Collier County on April 1st, 2005 was 317,788, I'm wondering why that doesn't appear anywhere in 2005 on the data table that you've provided. MR. COHEN: Normally what's going to happen, a lot of our population projections that we do, David takes the April I population projections and he does an October 1 projection from that Usually they're not -- they're never going to match up exactly because of that And that's where you have a lot of the differentiation that occurs. CHAIRMAN STRAIN: So this has a six-month adjustment backwards and forwards? MR. COHEN: It should, yes, sir. The numbers should be fairly close, though, They shouldn't be that far apart. CHAIRMAN STRAIN: Do the cities, Marco and Naples in particular, have to provide any type of similar document to DCA, like an EAR document? MR. COHEN: The EAR for the City of Naples has been lagging behind. They do have to provide an EAR. Every governmental entity in the State of Florida, whether they're a city or a county have to provide one, And Naples, as far as I know I think they have one that's under review. I don't think it's complete as of yet I know they haven't started the EAR-based amendments yet CHAIRMAN STRAIN: Do you know why if they're doing one and the City Marco and whatever other city happens to be involved are doing their own, why do we include them in our tables? MR. COHEN: I think one ofthe reasons we include them in some of the areas is we provide services to them. We do for solid waste, for example, We do for regional parks. And I think that's where when we look at the CIE, when we look at the different populations, you know, that's where the percentages are applied differently. Well, they're applied the same but to different numbered populations. And I think that's where it comes into play. When I looked at the seasonal population, for example, for the county countywide, which was the 23.8 Page 71 "7 '"I A 5 January 4, 2007 <",-' percent, and then when you looked at the numbers for the cities of Marco Island and Naples, it was very apparent how skewed, you know, the countywide percentage was as a result of that. And that's one of the reasons, you know, you have to take a look at all the data sets in their entirety when coming up with some type of seasonal adjustment. Your point's well taken. The board brought up the same point, you know, why are we looking at the cities of Naples and Marco Island with regard to providing certain services when they provide their own? And they asked us to take those -- you know, to not apply those percentages to the county as a whole with regard to those services. At the same time, they made a point with regard to solid waste, please make sure that you do. CHAIRMAN STRAIN: In regards to the City of Naples and Marco, do we get to see their EAR? Because I had asked at the last, well, I don't know, two meetings ago, pursuant to 9J-5, there were other studies available from other municipalities. And 9J-5 clearly said that all you had to do was ask DCA for them and they would give them to you. I haven't seen any of those. So did we not ask? MR. COHEN: We're supposed to be provided with a copy as a neighboring jurisdiction by anyone that does their EAR, as well as with compo plan amendments. We never have received an EAR from the City of Naples. The last I knew was that they were working on their EAR, okay. So I haven't seen it. I know they had a transition in their staff. And we provided them with a copy, It's fairly typical as a commenting agency, which we are with regard to their EAR, any of their compo plan amendments, they're required to provide it to us. DCA, in my conversations with them, I don't recall them saying whether or not the status of their -- what the status is of Naples' EAR. All I can tell you is that I got a listing from DCA of who was delinquent and who was not with regard to the EARs, and Naples wasn't on the list. CHAIRMAN STRAIN: We had requested that you obtain the methodology for the neighboring municipalities. And we actually talked about Lee and Charlotte and the other counties. I still haven't seen any of that. Did we not get that? MR. COHEN: We actually had conversations with -- and I discussed this with you at the last meeting on population, The discussions with Lee County with regard to their population methodology, I spoke with Paul O'Connor, who's their planning director and asked them about their permanent population calculations and actually how they use the seasonal adjustment rate. And in particular with respect to certain facilities, one being recreation and open space, the other one being potable water and sewer. Lee County's methodology for using seasonal population for community parks and regional parks, they do not have a seasonal adjustment whatsoever. They provide parks just based on permanent population. For water and sewer, they have a very limited amount of service that they provide as a govemmental entity. They almost have all private utilities, in talking with Mr. O'Connor. And their water/sewer districts pretty much include certain planning communities and track data, so they have certain figures for those private utilities, but it's not a publicly-provided service. So it really differs a lot from Collier County. When I spoke with Sarasota County -- excuse me, when I had one of my staff speak with Sarasota County, what they use is a seasonal adjustment factor of 18 percent. CHAIRMAN STRAIN: The reference in 9J-5 to the fact that we could request the population methodologies for other jurisdictions, we didn't follow up and do that? MR, COHEN: What I can tell you is there's no data and analysis, okay, behind the methodologies that exists, So when you ask me did we follow up on it, yes, we did, They gave us their numbers. But was there any data and analysis to support it because it's a very old methodology? The answer is no, CHAIRMAN STRAIN: So how does DCA understand what they're doing? MR, COHEN: Well, what I can tell you is, and when I spoke with Mr. O'Connor -- because they're not at the stage that we're at -- that he anticipated they wcre probably going to undergo the same type of Page 72 scrutiny that we're undergoing right now. So do they understand the methodology and rationale? Probably not. Was it approved in the past just like ours was in 2003? Yes, it was, with little scrutiny. CHAIRMAN STRAIN: Okay. Any other questions on the population methodology that's in front of us right now? COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: In this document here, Florida BEBR, on the second page, third paragraph down, CHAIRMAN STRAIN: Your mic. is turned away, COMMISSIONER MURRAY: Oh. Thank you. I'll go again. Page 2 of that document, third paragraph down, it says projections offoreign immigration were also based on data from census 2000, A question was raised this morning with regard to whether legal and illegal immigration were considered. And I wonder, is this -- would you know, is this immigration strictly legal? I would assume so. MR. COHEN: It would be legal, Mr. Murray. COMMISSIONER MURRAY: Yeah, that's what I assumed, Okay, so we would not realistically know. And that's why in this country we don't know whether we have seven million or 20 million illegals. MR, COHEN: We would not be able to address the question that Mr. Midney asked earlier today. COMMISSIONER MURRAY: Okay. I wanted just to have that clear for myself. And that was it for me on that. This is -- looking at your chart here, it is really quite interesting. I'm not sure yet what numbers we should be picking in any event. It would look like, if we gave it a second thought, which is what we're doing, we're going to go lower than what has been in the past where we're using the BEBR high. MR. COHEN: I think the direction obviously from DCA is that we should be using from a permanent population perspective the medium BEBR numbers, The question then becomes what do we do from a seasonal perspective, and that's based on your recommendations to the board, based on the analysis and the numbers that we provided to you. COMMISSIONER MURRAY: Are we coming down? I'm not really clear on this, that's why I'm asking, Are we coming down in terms of our numbers? It would appear from the conversations that the numbers are coming down from original calculations. MR. COHEN: If you look at the chart, which is the second page, and if you look at the year of 201 I, I guess that's probably a good year to look at. If you were using the 20 percent seasonal adjustment, your number would be approximately 5,000 less than the old methodology that was in place, which was the weighted population. And as you go on out further into the horizon years, the numbers started getting farther and farther apart because the BEBR high numbers obviously grossly overestimated what our growth would be, So from that five-year increment out, definitely coming down. In the first five years, the numbers are relatively close to what exists today. COMMISSIONER MURRAY: So what I'm gathering out ofthis is that the questions having been asked here, we now -- and between DCA saying let's go to the medium, it's a more realistic number, but the real juice is I think found in the fact that we're zeroing in a lot more effectively on the peak population question. And that seems to be coming down as well. MR. COHEN: I think we -- well, the old methodology was flawed from the standpoint because it didn't really take into account the 33 percent factor. It had a formula which was kind of odd in its own way. But I think what we've done is we've tried to take a realistic look at the permanent population as .... f i 1 11 'sary 4, 2007 Page 73 Il A 5 January 4, 2007 well as the seasonal population using that base year 2000 census and coming up with something that's more realistic based on our current growth. COMMISSIONER MURRAY: My comment is simply that although this was very tedious for all of us, I think it was an exercise that was very good to do, important to do and will benefit us in the long term by bringing us to a more realistic number for our planning purposes. MR. COHEN: And I'd like to point out, it's really important from a long-term horizon. Especially in an area like solid waste. Because as you see that number being lower, when you apply that to your capital improvements element, what that's going to show is that you actually have extra capacity at your landfill. That's an example, CHAIRMAN STRAIN: Okay, Mr. Midney? COMMISSIONER MIDNEY: Yeah, getting back to the quote, unquote, legal and illegal thing, do you -- these data are supposedly based on U.S. census data, And as a volunteer census worker in 2000, we were instructed that we had to count everybody, didn't matter what their legal status was. So that's confusing to me, because my understanding is that we're looking for population, we're not making that distinction. But you said that it's -- we're only counting legal people? MR. COHEN: That was my understanding in my conversations with BEBR. But I can obviously contact them again and clarifY it. But that's my understanding, yes, sir. CHAIRMAN STRAIN: Any other questions on the population methodology? (No response.) CHAIRMAN STRAIN: Okay. Randy, there's two other documents we need to plow through today, One is the ORC Report and the other is the staff report. I'd like to get through the ORC Report so we can have everything on the table and done with for discussion so when we get into the staff report we can just finalize our discussions. MR. COHEN: I think with that probably David ought to join us up here as well, and I'll take my seat back at the other side and we'll see if we can do this all in tandem, CHAIRMAN STRAIN: Paul, this is the report that you had brought your question up, so that we can get into that as we move in to the -- COMMISSIONER MIDNEY: The staff report is first, though? CHAIRMAN STRAIN: No, no, the ORC Report, COMMISSIONER MIDNEY: ORC Report is first. CHAIRMAN STRAIN: Right. David, would it be easiest if we just went through the document and asked what questions we had as we made notes on pages, or do you feel like you want to do a presentation of some kind? MR. WEEKS: The former. CHAIRMAN STRAIN: Okay. Then let's start. We're all on the same page, This is the ORC Report, It has a black planner across the top that says 7/28/06 ORC Report, Collier County Response. Most of what is pertinent in here is the highlighted sections, The first section of that occurs on Page 4 and actually comes into play for Mr. Midney's question from an earlier point. And I think, David, Paul was questioning the change from 20 percent overall county, not excluding or treating Immokalee differently. So I guess he was looking for an explanation as how that works for Immokalee, Is that a fair statement? CHAIRMAN STRAIN: David looks at Corby, now he's going to look over at Randy, Randy's going to look at Margie, MR, COHEN: I think the appropriate thing to do would be to remove the words excluding Page 74 16/1 A ~anuary 4, 2007 Immokalee from that provision. I think the provisions for determining countywide population do apply across the board. And as I explained earlier, in providing capital facilities we looked at population based on where the actual growth is transpiring. So I think that would be appropriate to remove the excluding Immokalee from that provision. CHAIRMAN STRAIN: If I'm not mistaken, the 20 percent that you guys are dealing with is the median across the county, Because I know Golden Gate has like a four percent vacancy rate. The population on the coast is much higher. Immokalee will have even a different one. So by the time you take out all those vacancy different rates and average them together, 20 percent across the county picks up everything that used to be there, including the higher peak rate for the farm season in Immokalee. Is that a fair statement? MR. SCHMIDT: It is, MR. COHEN: Yes, sir. CHAIRMAN STRAIN: I think that's what I was trying to get the point, Paul, is that instead of pegging a number, the 20 percent as an average across the county brings everything into the same realm. COMMISSIONER MIDNEY: Well, I think that you shouldn't strike out except Immokalee. You should have -- you should leave it in that says except Immokalee to reflect the increase of part-time seasonal residents. Because Immokalee is different. CHAIRMAN STRAIN: So is Golden Gate. So is Vanderbilt Beach, So is East Naples, Every one has a different population. That's why they averaged them together to come up with 20 percent countywide. So if you exclude one, you've got to exclude them all and do separate percentages for every single CDM -- CDP for the county. COMMISSIONER MIDNEY: Well, I think it's a question of magnitude really. Because Immokalee's -- you know, where the average ofthe other areas of the county is maybe around 20 percent, Immokalee's is at least 60 percent. CHAIRMAN STRAIN: Paul, that's not true. Golden Gate is not 20 percent. I've got the CPD from Golden Gate in this packet. If you give me a minute, I'll find it for you, But it's below five percent. So I understand what you're trying to do, and you're -- it's good you're doing it. But the point is that some areas are going to have far, far less, And when you take the ones that are extreme and you average them with the less, if you use a percentage across the board that's been justified by the staff's studies, that's what they're saying comes up, the 20 percent. Now, ifI'm wrong, fellows, tell me, COMMISSIONER SCHIFFER: Paul, just so you're not concerned, what it was in the old methodology they would take out Immokalee and just add 15,000 to that and then use some other method. So this is changing the methodology. So what they're saying is rather than exempt Immokalee and then add it back in later, it's just going to be 20 percent across the board, including Immokalee, COMMISSIONER MIDNEY: I don't know, wouldn't it be more accurate to have the 15,000 people in Immokalee? COMMISSIONER SCHIFFER: That's figured in, It's not like that's going away. MR, COHEN: It's calculated in with the percentage. The problem is, is with that 15,000 number-- and DCA came back with a comment, you know, what's the justification for the 15,000, And those numbers continue to change on a regular basis. Probably agricultural has a downward trend that that seasonal population would decrease. So rather than going with an exception for Immokalee, it was probably more appropriate to take a look at the block data and also the census point data countywide and Page 75 ift: ~ A [5 January 4, 2007 take a look at that from the perspective of what is those seasonal rates and then coming up with a figure that would apply countywide. And that's what Commissioner Strain was eluding to. We have a differentiation countywide. Golden Gate I think was four percent. CHAIRMAN STRAIN: It was four percent, yeah, I just checked. MR. COHEN: Naples I think was in the 3D-something percent range. Marco Island was over 50 percent. CHAIRMAN STRAIN: That's correct. MR. COHEN: So we're looking at numbers that go all the way across the board. COMMISSIONER MIDNEY: Well, let me just make a comment about Irnmokalee, since we're on the subject. I spoke to Dr. Fritz Roka, who is the agricultural economist with IF AS at the University of Florida center in Immokalee about that, because I was wondering why the change. And he said that there has been no decrease in the amount of agricultural acreage. I asked him about the Ave Maria and the acreage that has been or will be taken out of production there, and he said it's already been replanted somewhere else. And I also asked him iffarmworker housing has moved out of the area, maybe to LaBelle or to Hendry County. He said, no, there really hasn't been any increase in farmworker housing in the other areas. So -- I also asked about -- let's see, I guess that just about covers everything. Basically there hasn't been any decrease in the amount of farmworkers in the Irnmokalee area. MR. COHEN: And I don't think the existing methodology as proposed is discounting any changes in the population that would occur in Irnmokalee, The intent behind that is to have a static, you know, across-the-board population countywide population methodology. And then when the board sees, as well as this body as a recommendary (sic) body does, they see certain needs that occur based on population growth or trends, you would recommend where certain capital infrastructure should go as part of your A UIR process in conjunction with your staffs, based on that population growth. And we all know a lot of that growth is going to occur out east. So ifthat occurs, then you'll make those recommendations based on those trends, So the key is making sure that we adequately address our permanent population; at the same time make sure that we appropriately address our peak seasonal population at the same time. And that's what the methodology with the 20 percent seasonal adjustment tends to do, COMMISSIONER MIDNEY: Just one more comment with regard to housing. Usually when you talk about seasonal housing it's people who are coming down for vacation or for recreation or tourism to Collier County. In the Irnmokalee area the seasonal housing is talking about homes where people need to live. And they're almost uniformly low-income housing. And so I think that that needs to be taken into account when you get into the housing element. MR. COHEN: I think if you look at the definition based on the census -- and David, correct me if I'm wrong -- when we looked at what a seasonal unit is, if it's occupied for, I guess it's a minimum of one week and less than a certain amount of time, it qualifies as a seasonal unit as long as it's not for permanent residency. So it takes into account those units in Immokalee, as well as that broad spectrum as to somebody that may come down here for six or seven months of the year. CHAIRMAN STRAIN: We're on Page 4. Is there any other questions from the markups on Page 4? (No response.) CHAIRMAN STRAIN: Randy, I have one. It involves the paragraph after the one that Paul had a question on, Actually, it's the last sentence of that paragraph and continues to that next paragraph. It says peak population calculations will no longer be used. Seasonal population projections will be Page 76 16fl A'S January 4,2007 uniformly used consistent with state law. Then I think it jumps down to for calculating the need for regional parks, solid waste, potable water, sanitary sewer and drainage facilities. Is that how it reads? MR. SCHMIDT: It is. It's meant to close up those two paragraphs and make one longer one. CHAIRMAN STRAIN: My question is, we had asked during the AUIR that the departments look at other methods of calculating their needs and levels of service. I'm going back to the same argument I had earlier today. This doesn't appear to allow that flexibility. And the reason I'm concerned is the utility department doesn't build the sewer and water plants based on seasonal occupation -- use of units, or seasonally occupied units. It builds it based on housing units and COs, and COs of infrastructure, meaning hotels, COs of commercial buildings and COs of residential buildings. Every time you want a building permit you have to go in and they have to acknowledge they have the capacity. And with that acknowledgement, they build the capacity. So why do we need to calculate their needs based on population if their needs are based on actual on-the-ground construction? And that's what we asked them to explore as an alternative. Now, they haven't gotten back to us yet and I don't expect they would for some time. But I don't want this to lock us out of being able to look at a better alternative for their cormections, because their cormections are locked in by permits, They're not going to have a change of the number of permits they issue based on seasonal. A hotel is there whether it's occupied or not, and they've got capacity for it whether it's occupied or not. MR. COHEN: Commissioner, your point is well taken. As most of you are well aware, that was one of the recommendations that came from this body as well as the productivity committee as part ofthe AUIR. The AUIR will be considered by the Board of County Commissioners on January the 24th. In that, obviously, your report, as well as the report from the productivity committee is going forward to the Board of County Commissioners where we are asking them for direction with regard to looking at alternative methods of looking at different levels of service, based on your recommendation, If __ you know, and my -- what I would anticipate is they're going to provide us with that direction. And what would transpire then is that as part of your next AUIR process, we would probably have a meeting after the AUIR by the board as a group of staff to formulate how to go about coming up with different alternative methodologies for you to consider as part of the AUIR. And also whether or not they work or not. I think you need to know whether or not what works for, say, EMS, whether it be a time, distance type of study; what works with potable water, does it need to be based on population or do you need to use the ERCs, whatever the case may be? And those are the items that you wanted us to take a look at. Right now obviously we're tied into this existing population methodology, Are we bound by it? As the county attorney opined earlier, when we go through the AUIR process that can form the foundation again for changes to the CIE in upcoming years as you deem necessary and recommend accordingly, And that's the route that we would prefer to go at this time, And I would anticipate in the future you're going to revisit the AUIR and the CIE and make recommendations in some areas to change the level of service based on some different methodology. CHAIRMAN STRAIN: Well, Margie, you'll be probably sitting in that seat when the next AUIR comes up. So I want to ask you the question: Will this language lock us into this particular methodology, or will we have the flexibility to look at a new and utilize a new system -- MS. STUDENT -STIRLING: Mark-- CHAIRMAN STRAIN: -- than the ones introduced? MS. STUDENT -STIRLING: -- what I'm going to do, I'm going to get the minutes from the prior Page 77 1611,.i 1.= , :J January 4,2007 meeting, and I would -- and based on what was asked today, and I'm going to try and put it all together and explain it so we're clear and consistent CHAIRMAN STRAIN: Okay. But I guess -- well, then we aren't-- MS. STUDENT-STIRLING: And I hopefully will be sitting here and we'll pick it up again. (Telephone ringing.) CHAIRMAN STRAIN: It's probably a security guard. In the next paragraph it reads, the unincorporated area seasonal population is the seasonal population figure described above for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. Well, how do you do that? What statistic do you have that's going to give you that kind of information? Because I haven't heard it during the whole AUIR, and it would have been nice to know. COMMISSIONER MURRAY: I think it's called Quigi Board, MR. SCHMIDT: That may be one of the methods used. But seriously, I believe Amanda Townsend did address that at a previous AUIR hearing. And the language here is not proposed for change from previous versions, because her explanation was simply that the seasonal population uses parks differently. They use parks more locally when they visit, they use the community parks differently, the regional parks differently. And this was the one item the community parks set off from the others in the characteristics of the use. CHAIRMAN STRAIN: Well, Corby, my question was not so much saying that that's wrong. I'm just curious, if you've got that kind of statistic that tells you that, can we see it? The reason, because it's a valuable statistic. If you know specifically how these parks are utilized by the seasonal population, that's going to have a good impact on justifYing how many units, what parks we need to increase for that season. I'd like to see that statistic. That's the only reason I pointed it out You reference it, so if you have it, it would be handy. Page 5, there's a lot of yellow cross-outs. Are there any questions on Page 5? (No response.) CHAIRMAN STRAIN: Page 6, there's a change in the last -- bottom of the page, Page 7, we have a series of cross-outs and referencing the new methodol-- basically crossing out the old references to the population methodology. It carries over on Page 8, correcting the methodology agarn. Page 9, regarding the utilities service master plan, mostly cross-outs and corrections. MR. SCHMIDT: Excuse me, Mr. Chairman. CHAIRMAN STRAIN: Yes, sir. MR. SCHMIDT: A point, returning to Page 8, about a third -- Page 8. This may be stated on other pages, but this is the language for adoption proposed. In the entry for seasonal population, about a third of the way down, it now reads seasonal population is the BEBR population figure converted to its October I figure increased by 20 percent for all areas of the county to reflect the increase of seasonal part-time residents and visitors based on the 2000 U.S, Bureau of Census occupancy-vacancy data, gasoline tax, gasoline sales data, retail sales data and hotel-motel occupancy rates. That finishing phrase in the second half of that entry is no longer necessary, because those individual criteria, the occupancy-vacancy data, the gasoline data and so forth, are no longer used in what you just talked about for the last hour. CHAIRMAN STRAIN: So you want to cross that language out? MR. SCHMIDT: From based to the end, yeah, right CHAIRMAN STRAIN: Anybody have any concerns with that? Page 78 1611 A 5 January 4, 2007 Does that work for you, Corby? MR. SCHMIDT: It does. CHAIRMAN STRAIN: We left off on Page 10, correction to eliminate the essential sewer service area, because it isn't existing. The rest of the pages have not been changed all the way up to Page 14, There's a reference to an addition to some text. Now, this is just the ORC Report. It is not the staff report, So we're just reviewing the ORC Report at this point. Page 16, there's a small deletion. There's a revision on Page 20, referencing, yes, the population methodology. Page 21, there's a correction on the last paragraph. MR. SCHMIDT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. SCHMIDT: The highlighted portion of Page 21 is actually a staff note to self and not part of text. CHAIRMAN STRAIN: That's not an addition? MR. SCHMIDT: That's correct. CHAIRMAN STRAIN: Page 24. Are you including that methodology report, I guess, with this document or something to DCA? MR. SCHMIDT: A few pages back where you had a large section of a single page crossed out, the new methodology explanation will replace that. CHAIRMAN STRAIN: Okay, Page 25 and 26 refer for the most part to the affordable housing issues, a lot of which we discussed with Cormac this morning. And Page 27 as well. Are there any questions for any of that? (No response.) CHAIRMAN STRAIN: Page 28 brings into play the issues involving the parks and rec, department in regards to their levels of service, There's some cross-outs on weighted population. Except on C-I, you left weighted in after the last word of that sentence, COMMISSIONER MURRAY: Mine's crossed out. CHAIRMAN STRAIN: On Page 28. COMMISSIONER MURRAY: Oh, that's on 29 on mine it's crossed out. CHAIRMAN STRAIN: Let's get one at a time. Let's let Corby look at it and then Mr. Adelstein, you can bring up your question, Corby, on Page 28, C-I, the very last word is parentheses weighted, underlined, MR. SCHMIDT: It should show that way in that portion where that was the language transmitted the first time to DCA. CHAIRMAN STRAIN: Okay, Mr. Adelstein? COMMISSIONER ADELSTEIN: Twenty-seven, Policy 1.5, Collier County shall maintain an inventory of affordable workforce housing, Are we talking about those that are being applied to or those that are being built or are being built? Because I can't get a number. I've tried that to see how many affordable housing units have actually been built. For example, go back the last year. The amount of those that were applied for and were acceptable and those that were being built were substantially different numbers. CHAIRMAN STRAIN: Mr. Adelstein, the document that was passed out this morning provides all that information. There is your contributions and this is your inventory, This is what we discussed when Cormac was here this morning. COMMISSIONER ADELSTEIN: Okay. But this is from now or is this going back-- Page 79 16 I 1 A' '5 January 4, 2007 CHAIRMAN STRAIN: This goes back to the year 2000. COMMISSIONER ADELSTEIN: Fine. Then I have it. CHAIRMAN STRAIN: Yes, sir, Mr. Murray? COMMISSIONER MURRAY: Page 29 on mine is the one that has it crossed out. I've been following up to this point but you and I departed at that point. The weighted average was crossed out. CHAIRMAN STRAIN: Mine is too. It was on Page 28, the one that is not crossed out. COMMISSIONER MURRAY: I couldn't find that. CHAIRMAN STRAIN: It's not higWighted, It's up in C-I, towards the middle of the page. COMMISSIONER MURRAY: Here it is, got it. Thank you. COMMISSIONER TUFF: You're still on 28? Are you still there? CHAIRMAN STRAIN: Yes. COMMISSIONER TUFF: On C, it just says the 179 and 270, both numbers there. CHAIRMAN STRAIN: Right. Well, that's the numbers that we've got problems with on the other document that we brought up. MR. SCHMIDT: I see where you mean that, though. COMMISSIONER CARON: One should be crossed out. MR. SCHMIDT: So noted. CHAIRMAN STRAIN: Okay, on Page 29 we just discussed the one cross-out there. The next change is on Page 32. Similar one on page -- same change on page 33, and it's all referencing the population methodology, There's some changes on Page 35 involving preserve areas. David or Corby, my question on the preserve areas that are listed on Page 35, 9(A) references the word rarity. I thought we had -- we may have asked this question before. Is rarity the right word? Is that what-- MR. SCHMIDT: The question was asked and answered previously, It was explained I believe by Mr. Lorenz as to what was intended to be meant by that term. And it was at least understood, CHAIRMAN STRAIN: And they're going to define that in the LDC, I believe. MR. SCHMIDT: That's correct. CHAIRMAN STRAIN: Page 36. Page 37, COMMISSIONER SCHIFFER: I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: This seems like a pretty ambitious goal is that we're going to have everybody in a safe refuge prior to the arrival of the storm, How are we going to do that? We're going to build refuges for 300,000 people? CHAIRMAN STRAIN: Well, I think that dovetails with another question. Mr. Schiffer's at the right point. It talks about refuges, yet we're referring everything else to shelters, You don't want people evacuating to a refuge, don't you want them heading to a shelter? There is a big different between the two by Florida Statute. MR. SCHMIDT: And I believe this may be the only remaiillng place where refuge was missed in the first time around of changes. You'll notice in here the remaining portion of the document, it has been changed. CHAIRMAN STRAIN: So the refuge should be shelter, but then that even makes Mr. Schiffer's question more relevant. I guess it's the school system that we would be relying upon for shelters for the most part. COMMISSIONER SCHIFFER: Depending on the extent of the storm, maybe a small one, Category I, we could do. Two we're going to start getting in trouble. Thee -- I mean, first of all, people are going to head out of town, probably. Page 80 <11' A 5 January 4, 2007 16J1 So what does that sentence actually mean? COMMISSIONER MURRAY: Well, it doesn't say all residents or all visitors. MR. SCHMIDT: This is apparently the language proposed by the staff who handles this portion of it. My understanding of the shelter system and the way it works is people from different kinds of housing head to different kinds of shelters. MR. COHEN: Let me go ahead and try to address that a little bit more, because Mr. Summers' department provided that particular language. And I think the intent behind that is, one, to address their statutory mandates as required by the state with respect to emergency operations when we have a storm of that nature. And that's why that language reads the way it does. Mr. Schiffer's point is that it's, I guess, aspirational in some respects. Maybe it is, but it's the requirement that needs to be there. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Then perhaps that's why the word refuge was in there and not shelter. And perhaps we should just double check that. CHAIRMAN STRAIN: Well, I just -- COMMISSIONER CARON: Because having someone in an appropriate refuge could mean sending them out of town, you know, as opposed to a shelter, which the county would have to build and temporarily house people. And so perhaps the wise move is to double check with Mr. Summers and his crew on the actual language. MR. COHEN: What we can do is we will check with Mr. Summers, and whatever language that he deems appropriate we can incorporate in there based on the recommendation of this body. CHAIRMAN STRAIN: Okay. Move on to page -- next change is Page 39. This refers to a density bonus provision referencing affordable, and shall be defined in Chapter 420. Does that match the fact that we consider affordable up to 150 percent of medium income? Because if it doesn't, because we do have a matrix that gives density bonuses, I believe, for what's called gap housing, which is a higher level of what we now look at as affordable housing. Does anybody know? MR. SCHMIDT: Mr. Chairman, my understanding of the insertion of the as defined by Chapter was to simply distinguish what statutorily is affordable housing from what in Collier County we've introduced as workforce housing. So the two would not cross lines or be confused. CHAIRMAN STRAIN: This says you basically -- is that defining when you get a density bonus? As used in this density bonus provision the term affordable shall be as defined in Chapter 420. Does that mean it's limiting to that definition? Because if it's different than the definition we have, it could have an impact. MR. SCHMIDT: It is not a limiting factor. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Are you saying-- CHAIRMAN STRAIN: Interesting. COMMISSIONER MURRAY: Are you saying that we give density bonuses now for gap housing? CHAIRMAN STRAIN: That's what that matrix table does. COMMISSIONER MURRAY: I'm trying to visualize the table. But it doesn't under the -- I guess where my question is really rooted in the federal and state system that doesn't recognize the gap. So I was wondering whether or not you want to also include that matrix in there or whether this does the job. You raised the question and I saw what you were going after. CHAIRMAN STRAIN: Mr. Midney? No? The next question is on -- the next mark-up is it. That's the last mark-up in the book, or last Page 81 ,: !tfiI", I,: ~ IAJ 5 January 4,2007 highlight in the book. That really wraps up the ORC Report. Anybody else have any questions on the ORC Report? (No response.) CHAIRMAN STRAIN: Does staff need anything from us other than our review like we just did, or are you looking for -- you're just sending that out to DCA, right? You're looking puzzled. MR. COHEN: Well, what's going to transpire obviously is we're going to incorporate your recommendations into a staff report to the Board of County Commissioners. And obviously ifthere's any difference between what this board recommends and what the staff does, we'll point out what our differences are. But your document will go to the Board of County Commissioners. So what we're going to need from you is action on each individual element which incorporates the changes that you want at the appropriate time, which would be near the end. CHAIRMAN STRAIN: Okay, I was only talking about the ORC Report. MR. COHEN: I think the ORC Report, as it pertains to each element, those changes that are in there, if you concur with that, then what I would say is that you make a motion to incorporate those into the elements and then we'll deal with each one of those elements at the end of the meeting. CHAIRMAN STRAIN: Well, let's go through the staff report then and move through that. Then we'll see where we agree or disagree. The staff report is the second document received. It's the one with the chartreuse, pink, magenta, you name it, whatever Corby's favorite color is. That's the one that Brad was talking about earlier. COMMISSIONER KOLFLA T: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: Regarding those colors too on those graphs that we had, I think white and yellow ought to be deleted, because you can't read the numbers or follow the lines. CHAIRMAN STRAIN: I think overall we'll try to have more readable graphs and charts and colors when we come to -- you guys really think about the colors before you send them to us. Let's start, if you don't mind, unless staff has a better idea. You just want to go page by page? MR. WEEKS: Please. CHAIRMAN STRAIN: That seems to work. The changes on -- all the pages in front of us. So let's start with Page 2. Are there any questions on the changes on Page 2, which mostly center around the population issue? (No response.) CHAIRMAN STRAIN: Okay, Page 3, utility issues? (No response.) CHAIRMAN STRAIN: Page 4, we start to get into the housing issue we spoke to Cormac about earlier. We did recommend some changes on that. Policy lA, for example, after the density by right, it would be where applicable. MR. SCHMIDT: That's correct. COMMISSIONER MIDNEY: Mark? CHAIRMAN STRAIN: Yes, sir, Mr. Midney. COMMISSIONER MIDNEY: I have a question, going back to Page 3. CHAIRMAN STRAIN: Sure. COMMISSIONER MIDNEY: We talked about the ability of changing level of service standards. And I see here that in the Collier County sewer facilities, they've changed some of the level of service standards, so it's obviously something that can be done. It's the question of who decides to do it and how do you get it to that point. CHAIRMAN STRAIN: It's timing mostly. That was what my concern was, was timing. Page 82 16 (1 A 5 January 4, 2007 And as far as how it gets changed, staffs probably going to recommend something that they'll spend hours backing up that we will only have a few minutes to understand. So we're not going to challenge it too much. But I think it's the timing of it. If something needs to be done, can we do it without having to wait for the CIE to be amended? And I think they've answered that question earlier today, if that's what you're getting at. Anything else on three? (No response.) CHAIRMAN STRAIN: On four? (No response.) CHAIRMAN STRAIN: Other than the change you mentioned, Page 5? We talked about rewording policy 2.1 concerning the reference to the Collier County Housing Development Corporation. MR. SCHMIDT: So noted. CHAIRMAN STRAIN: Now, Policy 1.1.1 involves the statistics for the acres of community park and regional park that are going to be entered in for level of service. I want to -- and Margie, you're telling us that those numbers don't need to be used in the upcoming AUIR; is that a fair statement? MS. STUDENT-STIRLING: I'm saying that the level that -- maybe I misunderstood the question, but the purpose of the AUIR is to see if you're meeting your levels of service. And then if there's a problem meeting them, based on the facilities that you have in the inventory and all the rest of it, you can lower the level of service, you can throw more money at it, and there's options that you have to do. So I'm saying based on what you learn in the AUIR, you can then arnend the plan to lower level of service or raise it or whatever you need to do. But the AUIR is the basis, generally speaking, for what you later do in amendments to the capital improvement element. And that serves as the data and the rationale to do it. CHAIRMAN STRAIN: Margie, for the upcoming AUIR that we're going to probably receive in August, do these numbers under Policy 1.1.I.A, B and C, are we locked into using those -- seeing those numbers used into the AUIR? MS. STUDENT-STIRLING: I think staff will use these numbers to show you whether we're meeting it or not. But what I'm trying to say is after you look at the AUIR, ifthere's a problem you don't have to keep these numbers in the CIE forever. The CIE can be amended to change them, based on the AUIR. But yes, I think these numbers -- and I don't put together the AUIR, but I think these numbers would have to be looked at as part ofthe AUIR to see if you're meeting your standard. And then if you're not meeting your standard, you can throw more money at it to meet it or you can lower the level of service standard. But you would do that in a later plan amendment. CHAIRMAN STRAIN: Okay, let me ask-- MS. STUDENT -STIRLING: I'm trying to understand what you're getting at. CHAIRMAN STRAIN: Let me ask the question again. We have an upcoming AUIR. MS. STUDENT-STIRLING: Right. CHAIRMAN STRAIN: In that AUIR, parks and rec. will be calculating their needs. Do they have to use the numbers stated in Policy I. I . I .A, B, C as stated here in front of -- MS. STUDENT-STIRLING: Yes, I think they look at those numbers. CHAIRMAN STRAIN: I didn't ask you if they have to look at them. I can look at them right now. I'm saying do they have to use them in their calculations? MS. STUDENT-STIRLING: Yes, because that's the baseline. And then from there, you go to see if you need to change them, which is what I said earlier today. Page 83 "t A 5 January 4, 2007 CHAIRMAN STRAIN: Okay. If they have to use these in the AUIR and we don't agree or the board actually doesn't agree through some kind of process that the basis for these numbers is justified, can they then change the AUIR in August, or whenever it gets to them for that upcoming year that would be different than the numbers in this policy? MS. STUDENT-STIRLING: Well, I think you have-- COMMISSIONER ADELSTEIN: Yes or no. CHAIRMAN STRAIN: God, it's so hard to get an answer here. MS. STUDENT-STIRLING: Well, it's complicated, and I don't prepare the AUIR myself. But the way I understand that it works is that they use this basis in the AUIR. I don't think they change the level of service in the AUIR. You change the level of service later in the amendment to the plan. Because the AUIR is only the data to do it. MR. COHEN: Mr. Chairman, let me see if I can help out a little bit here. Your direction to us and also as a recommendation to the Board of County Commissioners as part of the AUIR is to take a look at alternative methods oflooking at different levels of service. I think probably it could be taken a step further, and that's from the standpoint of can you justify the existing level of service as it's set forth in the CIE? What's the basis for this particular number, which hasn't probably been looked at in over 10 years. And I think that's the point that he's getting at. I think the Board of County Commissioners as part of the AUIR this year could direct the staff to do just that, as the justification for that number and to provide the basis for that in the upcoming AUIR which we provide -- MS. STUDENT-STIRLING: Yeah, then you amend the pIan-- MR. COHEN: Then the data analysis for the ClE. And then I think that would be the appropriate way to do it. So I think the answer to Margie's question probably is yes, but the staff needs to be directed to one, take a look at the existing methodologies, which were justified probably 10, 12, I don't know, maybe even in the '87 plan, '89 plan, and make sure that they're actually up to date. And if they're not, then adjust them accordingly. MS. STUDENT-STIRLING: And say okay, here's the problem, we need to fix it and then you amend the plan after the AUIR to fix it. CHAIRMAN STRAIN: So the AUIR coming up, staff comes forward, does the calculations based on 1.2882. After-- MS. STUDENT-STIRLING: Yeah, and then they-- CHAIRMAN STRAIN: Margie, don't interrupt me, please. We have a court reporter who's trying to take notes. One at a time. After they come forward with that, we go through a long dissertation on whether or not that's relevant or not. We find out that 1.6 should be used instead. Can the AUIR then be immediately amended at that point in time using 1.6 as the level of service to placate the following year's needs? MS. STUDENT-STIRLING: But you need to-- CHAIRMAN STRAIN: Just yes or no. MS. STUDENT -STIRLING: -- then amend the plan as well, after the AUIR. CHAIRMAN STRAIN: I hate to ask this, but can Ijust get a yes or a no? So no, we cannot then change the AUIR with that new numeric until this plan then is reamended. MS. STUDENT-STIRLING: You can change the AUIR with direction to later -- to then amend the ClE to make it consistent with the AUIR as a basis for the amendment to the ClE. CHAIRMAN STRAIN: Okay. So these numbers can be changed then in the AUIR. Wow, took a bit to get there, but I think we finally did. Page 84 16 / 1:' l~ ::> ,January 4,2007 Are there any other questions on Page 5? COMMISSIONER SCHIFFER: Can I ask a question about what we're discussing? CHAIRMAN STRAIN: Absolutely. Go ahead. COMMISSIONER SCHIFFER: We have a meeting in February to look at the -- at least I thought we were, can't find it -- to look at the ClE. Wouldn't we do that then? MR. COHEN: Mr. Schiffer, let me help you out with that a little bit. The original CIE meeting for you, you should have gotten a new schedule today. It should have been taken off of there. The ClE, was it crossed off of there? CHAIRMAN STRAIN: It's not even on -- there's no ClE meeting referenced in here. MR. COHEN: It should have been removed. And the rationale for that was because the 2006 AUIR was based on the old methodology. It would be pretty much useless to send forward a ClE based on last year's AUIR to DCA to review that would conflict with the population methodology that was in the EAR-based amendments. So that meeting is not going to transpire, and I briefed the board on that when I provided them with the population methodology and will be very deliberate with them in the AUIR as well that they're not going to see a ClE this year. But I think it would be appropriate, you know, from this board at this time, okay, as we go forward with the EAR-based amendments that you would like to see the level of service standards both in the -- in the ClE addressed at the AUIR level. You can make that as a recommendation. We could include that as a staff report. Because it obviously provides the foundation for the CIE in upcoming years. We can do that on an annual basis, obviously. CHAIRMAN STRAIN: And we just got acknowledgement from the county attorney that it can be done, so we will look forward to doing that. Cherie', what time do you have a switch-over coming, or do you? THE COURT REPORTER: I don't. CHAIRMAN STRAIN: We'll take a break here in a couple of minutes. We'll hopefully finish up shortly after that. Page 6. COMMISSIONER SCHIFFER: The question I have is that what does it mean that -- it's the start of the first large magenta block -- if applicable, the boundary of a natural wetland flowway or slough shall reflect elevated surface water elevations caused by surrounding development? How will that be figured out? Through historic data or through prediction? MR. SCHMIDT: I'm sorry? COMMISSIONER SCHIFFER: I mean, through historic data from flooding or through prediction or how will that be -- what does that really mean? CHAIRMAN STRAIN: Before you answer, you might want to consider the fact that that seems to indicate that you are allowed then to raise the water elevations on someone else's property by diversion of the water that was coming from your property. And if that's the case, I don't know how we can do that. COMMISSIONER SCHIFFER: That's prediction. CHAIRMAN STRAIN: But see, that's the issue that I think Golden Gate Estates is partly suffering for because no one predicted that and allowed it to happen. And now we have flooded homes out there. Mr. Wiley was here earlier. He left. He was probably the one that could answer this, I bet. MR. SCHMIDT: I'm sure. MR. WEEKS: My comment was simply going to be that I know this is something that was discussed quite a bit at one of your previous meetings. I know Mr. Wiley was involved in coming up with this language that you see here. MR. COHEN: And I think the caveat that's on there, the applicable is there for an obvious reason. Page 85 16/1 J... , - .r; j January 4, 2007 CHAIRMAN STRAIN: But see, it seems like by consenting that -- by acknowledging that such a thing can occur and may occur is almost giving it permission to occur. And I thought that that was not what we were not trying to do with our water management system. You're not allowed to durnp water on your neighboring properties. That's what every project in here is supposedly not doing. I'm just worried this might open the door to something negative if it's not eXplained properly. COMMISSIONER SCHIFFER: And if the water level is rising by historical data, then obviously that map would change. But this looks like you're predicting development has caused a rise. CHAIRMAN STRAIN: I'll tell you what, it's 2:45. You could call Mr. Wiley, get an -- if there's an explanation or maybe a strike-out, we can take a IS-minute break and be back here at 3 :00. How does that sound? Okay, we'll take a break until 3:00. Thank you. (A break was taken.) CHAIRMAN STRAIN: Okay, everyone, we'll resume our meeting. We left off on Page 6. Staff was going to get ahold ofMr. Wiley concerning the added language in the bright color on the bottom of Page 6. Did that happen? MR. SCHMIDT: It did, Mr. Chairman. And inasmuch as his discussion helped me to understand it a bit better, his understanding of the entry is it had been discussed to some extent here. After discussion there was a sentence that was added by Mr. Lorenz, or suggested by Mr. Lorenz. And because there are no ideal situations out there to be able to surveyor measure or predict how these things may happen, there's at least not an easily explainable way to enforce this, or to explain this to you now. So I guess what I would suggest is ask Mr. Lorenz to explain further to you or on to the BCC if there's more explanation necessary. CHAIRMAN STRAIN: Well, sir, I want to get this done today. We've dragged this thing out for months waiting for responses. I just assume that that language -- my idea would be to strike it because it's too ambiguous and we don't know what connotations it has with it. And ifhe wants to argue this case in front of the BCC, then more power to him. Does anybody else __ COMMISSIONER SCHIFFER: I agree, Mark, and -- COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: -- the sentence before that gives him what he wants. And that's where you can determine where that line is, by field investigation, by historical trends, not by predictions. CHAIRMAN STRAIN: There's too many unknown consequences to that ambiguous language. COMMISSIONER SCHIFFER: Can we strike it? CHAIRMAN STRAIN: The board -- anybody here object to the striking of that sentence? COMMISSIONER TUFF: No. CHAIRMAN STRAIN: No? From at least our perspective and recommendation, would you show that as being removed? MR. SCHMIDT: It is. CHAIRMAN STRAIN: Thank you. Page 7. This is references to the geological survey data. Page 8. Ms. Caron? COMMISSIONER CARON: Let me just take a look. All right, I'm just going to make a comment here. In Policy 6.1.1, within one year of the effective date of these amendments, the county shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment. I just have a problem with us allowing everybody to buy their way out of everything. Page 86 16/1A J5 January 4,2007 And I think this is bad policy. I'd just like to make that comment on the record. CHAIRMAN STRAIN: I mean, it's not a bad comment. I'm just thinking, to make this a little bit more palatable, where the highlighting words end where the word "that" is, why don't we just cross out all or? So that a portion -- so that something has to be retained. Maybe that would make it a little more acceptable so that we have some area of green space left in the county in those conditions. COMMISSIONER MURRAY: Sounds like a plan. CHAIRMAN STRAIN: What are the thoughts of the panel? Marjorie? MS. STUDENT-STIRLING: I just -- and staff can correct me if I'm wrong if they know, but I think we had this situation up by Immokalee Road where we had a PUD, and then after the PUD came in, the -- there was a situation where another loop could be built or something for the interstate. And if the landowner gave up the preserve area to the state, then they would help us with this facility. And if Don Scott were here, he could give -- CHAIRMAN STRAIN: It's the Target you're referring to. MS. STUDENT-STIRLING: Pardon? CHAIRMAN STRAIN: You're referring to the Target project. MS. STUDENT-STIRLING: Yes, that's correct. And I think there was actually nothing left. So there could __ I'm just saying there might be a situation where because of a circumstance like that, there may be nothing whatsoever left. CHAIRMAN STRAIN: Or the applicant could have decided not to build so much on the property. COMMISSIONER CARON: There you go. And really, that becomes the bottom line is do we have to max out every square inch on every square inch? And I have a problem with it. MR. WEEKS: I think one of the other concerns -- one of the concerns, and I think the reason for wanting this language is there's some instances where the amount of native vegetation is very small on-site, and from an environmental perspective, habitat value-wise it may be meaningless. That is, if you have maybe a third of an acre, a quarter of an acre, some very small amount that from a standpoint of open space it may have some value, but from a habitat value standpoint, it simply does not exist. And in that instance it may be better served -- the county may be better served by allowing that development to occur, the clearing of that vegetation, and compensate for it elsewhere. COMMISSIONER CARON: Then I would go back to Mr. Strain's suggestion that a portion is probably a better -- CHAIRMAN STRAIN: But I think what's David's pointed out is there's a difference between green space or open space and native vegetation. COMMISSIONER CARON: Oh, absolutely. CHAIRMAN STRAIN: And this doesn't -- that's where the problem lies with this statement. It doesn't take in the fact that if you've got native vegetation that can exist -- that cannot exist, instead of buying it all out as an option, they should be required to keep some of it as open space. Now, unfortunately open space has a huge definition. Mr. Tuff? COMMISSIONER TUFF: Bruce Anderson had that one where we -- does this apply to that too, where he had the photos, where what he had was better than what they had? They were going to remove all theirs but this was going to be better. Is that reflective of this? COMMISSIONER MURRAY: That was Estey Avenue they were talking about. CHAIRMAN STRAIN: It was a little different than that. This would be like -- if you remember the Wal-Mart in North Naples. In North Naples, that Wal-Mart, if you drive through the parking lot, you see these pine trees coming up through the road. Well, you look over the edge, there's an eight-foot walL Page 87 16il ~ r.:' ,'it:'. January 4, 2007 And down at the bottom of this wall is where these pine are rooted to the ground. They were forced to leave those and build these giant retaining walls around their project. Now that might be an impractical application for native vegetation. There probably isn't a thing in the world that's going to use that successfully. Maybe in that case monetary compensation would have been good. But I think where Ms. Caron's coming from is if that extreme situation does occur, there ought to be some requirement to leave something. Maybe not native but at least some green space on the property. Maybe that's -- is that -- COMMISSIONER CARON: I just see it as a -- the statement as it reads now I just see as wide open. And I think you're going to find a lot of people in here buying their way out, as opposed to doing what they should be doing. And I just would like to put some qualifiers on it. MR. WEEKS: Well, I point out two things: One thing about the language, it does say -- and of course you specifically touch on this point -- all or a portion. Granted, if you take out all of them, that means there's only the ability for a portion of it, which means there must be a retention of some portion. And that goes back to my point where there may be some instances where that just doesn't make sense. The second thing I would point out, though, is that the language is saying that we're going to establish a process in the LDC, there's going to be a petition process, which means there's going to be some application that has to be submitted, there's going to be some criteria established in the LDC. So it's going to be fleshed out further through an LDC amendment, which of course this body will see. COMMISSIONER CARON: And they do further describe that further down in this paragraph. I mean, I will grant you that. I just -- and that -- maybe it will all work out in the Land Development Code. I just -- my initial reaction to reading this paragraph is that I just don't want to leave open-ended opportunities for people to try to get around things that we really want in this county. And that's my -- and maybe the end of this paragraph where we talk about the Land Development Code regulations and the criteria that they'll be based on, perhaps that suffices to handle everything. If the board could just take a minute and read it, maybe everybody will be comfortable with that. CHAIRMAN STRAIN: I think the least we can do is assure that when this comes through in the LDC amendments that it's tightened up to a point we feel comfortable with it that we could correct the deficiencies there. COMMISSIONER CARON: Yeah, I'm fine with that. But I will be watching. CHAIRMAN STRAIN: No, you won't. Page 9, references to the Belle Meade changed and moved. Page 10. This question on Page 10 involves the sheltering -- changing refuge to shelter, which is the right thing, I would believe. And it references in mobile home parks. Don't we have a prohibition -- well, I think it says mobile home parks and subdivisions -- mobile home parks or subdivisions. My concern there is a lot of subdivisions are in the coastal high hazard area. If I'm not mistaken, you're not allowed to put a shelter in a coastal high hazard area, because it encourages people to seek shelter in the danger zones. Is that correct? Let's put it this way: When Ken Pineau was in charge of emergency services, he would not allow shelters in the coastal high hazard. Instead he required developers to buyout of it and make contributions to other projects away from the coastal high hazard under the premise that people seeking shelter should not seek it where the flood waters are certainly going to come. Now, based on that and the fact that this references not only mobile home parks, which can't be put in coastal hazard areas anymore, I felt comfortable with that. But then it says or subdivision residences. I'm just wondering if that pertains to more than just mobile home subdivisions. MR. WEEKS: No, it does not. COMMISSIONER SCHIFFER: I don't think it's saying that. I think it's saying mobile home Page 88 1611 A .2nuary 4, 2007 divisions. CHAIRMAN STRAIN: That's why I'm asking. MR. WEEKS: That's correct. That was a clarification requested by the planning commission in the past because of __ it simply said mobile home parks. And the question came about, well, what about subdivisions, they're all mobile home subdivisions. In both cases it's referring to mobile homes. MS. STUDENT -STIRLING: I'd just like to point out in a subsequent sentence it does say mobile home subdivision. CHAIRMAN STRAIN: In one of them it says mobile home park or subdivision, so I wanted to make sure that it meant just mobile home subdivisions. COMMISSIONER SCHIFFER: Or is struck out. It's the magenta problem again. COMMISSIONER MURRAY: Mark, I'm seeing and, not or. So I don't know. CHAIRMAN STRAIN: I think what staffs telling us, it's mobile home parks and mobile home subdivisions. So maybe that clarification needs to be made. MS. STUDENT-STIRLING: Because in the fifth line down, if you look at the fifth line down, it says __ it starts on the fourth, such mobile home parks or mobile home subdivisions. And there it has the qualifier by the subdivisions where it doesn't earlier. CHAIRMAN STRAIN: But in the second sentence it refers to mobile home parks but does not use the word mobile home in front, so -- MS. STUDENT-STIRLING: I know. And I think it should. CHAIRMAN STRAIN: Ifwe just clean that up, I think that's what would be required. Make sure it references mobile home. COMMISSIONER SCHIFFER: And Mark, are we allowed to build mobile home parks in coastal high hazard areas? CHAIRMAN STRAIN: I don't believe so, David. MR. WEEKS: No. But there are some instances where there's existing mobile home zoning that is undeveloped. There's no new mobile home zoning is allowed, but the development of existing zoning is allowed. CHAIRMAN STRAIN: Okay. But if someone in that -- we just had the Manatee Road issue come up. And there's mobile home zoning to the south and west ofthat particular facility, it was pointed out to us today. If someone comes in for a mobile home park there, would this require them to put a shelter on that site? Because if it does I believe that may be in conflict with some other provisions somewhere else of having a shelter in a coastal high hazard area that is subject to inundation during a minimum event. MR. WEEKS: The first answer is yes, this would require that. I think there's a threshold of, I think it's at 26 __ if they cross a certain threshold, yes, they would be. And we'll definitely check to see. I know the CCME and subsequent close to this area objectives and policies deals with public expenditures for shelters. I'm not sure if that's the only limitation. Because in this case you're talking about a privately provided shelter, and that may be viewed differently. CHAIRMAN STRAIN: But I remember the discussion I myself had with Ken Pineau years ago. And there was something involving -- it's either Florida statues or 9J-5. So you may want to check, because I'd hate to see our document be in conflict with either one of those. MR. WEEKS: We'll do that. CHAIRMAN STRAIN: Anything else on Page 1O? (No response.) CHAIRMAN STRAIN: Page 11 doesn't have anything. Page 12 has one word. Page 13. And 14 ends it. David, when you check on that issue with the coastal hazard, could someone send some message to Page 89 16 J 1 ~ c; January 4, 2007 us to let us know? I'm curious as to the result of that. Okay, I think that brings us to the end of the staff report, the ORC Report and the methodology for population. What is the staffs -- how do you want to see this finish out? MR. SCHMIDT: If you'll allow me -. CHAIRMAN STRAIN: Sure. MR. SCHMIDT: -- to return to the recreation and open space element where you've had no action and make a recommendation on that. CHAIRMAN STRAIN: Is there a recommendation from the panel on the recreation and open space element? Mr. Tuff? COMMISSIONER TUFF: Move to pass. CHAIRMAN STRAIN: Move to approve. Is there a second? COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Okay, discussion. I will myself vote for the affirmative as well on the condition that we've been -- that's been expressed to us by the county attorney involving our ability not to have to follow the guidelines in here and that we can actually utilize different and some flexible methodology in the AUIR. So that is the only reason I'm recommending -- I would go along with it. Ms. Caron? COMMISSIONER CARON: Yeah, and I would just like to add to that, I think we should check with Mr. Schmitt. He may have had some language. Because I note he specifically said that this language could be changed to be slightly more generic. And if that's the case, perhaps that helps everybody in the long run. So I would just request that before this is final, final, that you double check with Mr. Schmitt. MR. SCHMIDT: I can do that for you, but I thought our discussions covered that, knowing that we must show levels of service in the ClE, and all other elements for levels of service are part of that element. My note to self, when Mr. Schmitt made that statement, I told myself to check that state regs may not allow a generic phrase to be changed and replace those levels of service. And since that time, with discussions here, I've come to understand that we can't replace those levels of service. If you'd like me to triple check, I can. COMMISSIONER CARON: No, no, no, that's -- CHAIRMAN STRAIN: Well, the fact that we can modify those at the AUIR level is going to be a big help in getting all this passed. Any other discussion on the conceptual approval of the parks and rec. and open space? (No response.) CHAIRMAN STRAIN: Hearing none, I'll call for the vote. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. There are several lingering outstanding overall elements, Page 90 16/1A 5 January 4, 2007 Corby. I know you're going to ask us to now do the whole document. But I want to make sure that you're going to add some language to ClE Policy 1.3. That was already something you volunteered to do. MR. COHEN: The language that I provided to you will be added accordingly. CHAIRMAN STRAIN: Okay. You had mentioned earlier that we should recommend and include in our recommendation that the level of service be addressed through the AUIR implementation as well. MR. COHEN: And I think that would take place just in the staff report but not be a part of the response to DCA. CHAIRMAN STRAIN: From the panel, does anybody object to the inclusion of those two general languages in regards to our recommendations to move forward? (No response.) CHAIRMAN STRAIN: Okay. Corby, how do you want to format the balance of these approvals? MR. SCHMIDT: I still have the outstanding informal approvals of the ClE, which you're just covering now. And the FLUE. And then on to the formal approval of each. CHAIRMAN STRAIN: Okay. Want to take the ClE first? Is there a recommendation to approve the ClE subject to the changes we have discussed and of course the fact that the elements are going to be able to be flexible enough for us to utilize in the AUIR. Mr. Kolflat, are you making that recommendation? COMMISSIONER KOLFLAT: Make the recommendation. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Motion made by Mr. Kolflat, seconded by Mr. Tuff. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries unanimously. Corby, the next one was the FLUE? MR. SCHMIDT: It is. CHAIRMAN STRAIN: Okay. Is there a motion to make a recommendation for the FLUE under the same conditions we did the ClE? COMMISSIONER SCHIFFER: Yes. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Made by Commissioner Schiffer, seconded by Commissioner Tuff. Discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. Page 91 16 ! 1 ~ c; January 4, 2007 COMMISSIONER MURRA Y: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MR. SCHMIDT: Now for each of the elements. The ClE, the sanitary sewer sub-element, potable water sub-element, housing, recreation and open space, the CCME, the FLUE, the drainage sub-element and transportation. Formal individual votes on each of those, please. CHAIRMAN STRAIN: Boy, you're a slave driver, Corby. MR. SCHMIDT: So I'm told. CHAIRMAN STRAIN: Okay, let me pull my book out and we'll try to do it in some kind of order. First one that I've got in the book, and l'l1 take them in the order that they were presented to us originally. The CIE is the first one, is that -- MR. SCHMIDT: It is. CHAIRMAN STRAIN: That's what I have. Okay, so now we're looking for formal recommendation. And let me set the criteria so we can move through these pretty fast. Of the various elements of the EAR, the approvals will be subject to all the conditions, suggestions and approvals that we've done conceptually and recommended to staff throughout our discussions on this process and the general policy suggestions that we just made a little while ago. So based on that and the input from the county attorney concerning the flexibility of their language in regards to the AUIR usage, I'm looking for a motion to approve the capital improvement element as submitted. COMMISSIONER SCHIFFER: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, seconded by Commissioner Adelstein. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries 8-0. The next element would,be the transportation element. Is there a motion to recommend approval of the transportation element? COMMISSIONER SCHIFFER: I will. COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Mr. Schiffer, seconded by Mr. Adelstein. Discussion? (No response.) Page 92 16 ) 1 A f 5January 4,2007 CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Sanitary sewer sub-element. Is there a motion to recommend approval for the sanitary sewer sub-element? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: Mr. Adelstein, and seconded by Mr. Schiffer. Is there any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, I'll call for the vote. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. The potable water sub-element. Is there a motion to recommend approval to the Board of County Commissioners? COMMISSIONER MURRAY: (Indicates.) CHAIRMAN STRAIN: Mr. Murray, seconded by-- COMMISSIONER ADELSTEIN: (Indicates.) CHAIRMAN STRAIN: -- Mr. Adelstein. You guys are getting mixed up here. You were on a roll. Motion made by Commissioner Murray, seconded by Commissioner Adelstein. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. Page 93 16 11 A 5 January 4,2007 COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. The drainage sub-element. We even had some discussion on that today. We struck a sentence. I'm sure staff understands that's included in our motion. Is there a motion to recommend approval for the drainage sub-element? COMMISSIONER SCHIFFER: So moved. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Commissioner Schiffer approved (sic), Mr. Tuff seconded. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries 8-0. Anybody opposed? (No response.) CHAIRMAN STRAIN: The solid waste sub-element, is there a motion to approve -- recommend approval? COMMISSIONER SCHIFFER: l'l1 do it. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Mr. Schiffer. Mr. Tuffseconded. Discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the -- MR. SCHMIDT: Excuse me, Mr. Chairman, the solid waste sub-element, my note says had no ORC or DCA concerns. CHAIRMAN STRAIN: You don't care if we approve it then or not? MR. SCHMIDT: Go for it. CHAIRMAN STRAIN: Succinct. We're already there, it's in our book. COMMISSIONER ADELSTEIN: Let's do it. CHAIRMAN STRAIN: Okay. Motion's been made to recommend approval. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. Page 94 ~.' 16/ 1 A 15 January 4,2007 COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Corby, why don't you tell me what next one you'd like us to discuss? Groundwater? MR. SCHMIDT: I'm sorry, let's go to housing. CHAIRMAN STRAIN: Okay. Is there a recommendation to move for approval to the BCC for the housing sub-element? COMMISSIONER MURRAY: So moved. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Tuff. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries. Anybody opposed? (No response.) CHAIRMAN STRAIN: Recreation and open space. MR. SCHMIDT: Please. CHAIRMAN STRAIN: Motion to approve recreation and open space. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: (Indicates.) CHAIRMAN STRAIN: Mr. Adelstein, seconded by Commissioner Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor of the motion, please signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? Page 95 16rl~ ~ J,1 January 4, 2007 (No response.) CHAIRMAN STRAIN: Motion carries. CCME? MR. SCHMIDT: Please. CHAIRMAN STRAIN: Motion to approve the CCME. COMMISSIONER KOLFLA T: (Indicates.) COMMISSIONER SCHIFFER: (Indicates.) CHAIRMAN STRAIN: Mr. Kolflat, seconded by Mr. Schiffer. His hand was faster than yours on that one. Any discussion? COMMISSIONER MURRAY: Yeah, I want to hear from Mr. Midney once. CHAIRMAN STRAIN: He's got to raise his hand or something. He's just sitting back. Call for the motion. All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. ICE or FLUE? MR. SCHMIDT: The FLUE, please. CHAIRMAN STRAIN: Motion to recommend approval of the future land use element? COMMISSIONER SCHIFFER: (Indicates.) COMMISSIONER ADELSTEIN: (Indicates.) CHAIRMAN STRAIN: Mr. Schiffer, seconded by Commissioner Adelstein. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MlDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. All opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Corby, is that the end of it? MR. SCHMIDT: The ICE. We'll go back to that. Page 96 16/1 A 5 January 4, 2007 CHAIRMAN STRAIN: You're going to go back to the ICE? You're not allowed to go back, Corby. Is there a motion to recommend approval of the ICE? COMMISSIONER SCHIFFER: I will. COMMISSIONER ADELSTEIN: (Indicates.) CHAIRMAN STRAIN: Commissioner Schiffer, seconded by Commissioner Adelstein. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Corby? MR. SCHMIDT: Natural ground water should be your last one. CHAIRMAN STRAIN: It's not last in my book. Recommendation to approve the natural ground water sub-element? Mr. Midney, did you want to recommend approval on that? COMMISSIONER MIDNEY: (Indicates.) COMMISSIONER MURRAY: (Indicates.) CHAIRMAN STRAIN: Motion made by Mr. Midney, seconded by Mr. Murray. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONERMIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Any opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Anything else, Corby? MR. SCHMIDT: There is. The Golden Gate Area Master Plan. CHAIRMAN STRAIN: I was hoping Ms. Caron had an opportunity to recommend something. COMMISSIONER CARON: I thought we had already done those. Page 97 1611~ F I .~ January 4, 2007 CHAIRMAN STRAIN: Not the Golden Gate master plan. Do you like that one? COMMISSIONER CARON: Sure. CHAIRMAN STRAIN: Ms. Caron recommended approval of the Golden Gate Area Master Plan. Is there a second? COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Mr. Tuff seconded. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor of the motion, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) MR. SCHMIDT: Immokalee area master plan. CHAIRMAN STRAIN: Boy, Paul, if you don't make this one. COMMISSIONER MIDNEY: We haven't finalized our master plan, how can we vote on it? CHAIRMAN STRAIN: This is the changes to the existing portion of it. Yours will come through under a separate amendment to the growth management plan. COMMISSIONER MIDNEY: The ones that -- okay, yeah. I move that we approve. COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Motion made by Paul Midney, seconded by Commissioner Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MR. SCHMIDT: And with two remaining. Marco Island Master Plan. CHAIRMAN STRAIN: Wait a minute, there is no Marco Island Master Plan. MS. STUDENT-STIRLING: It was taken out. CHAIRMAN STRAIN: Oh, it was taken out. Okay, want to recommend the approval of removing Page 98 , 16/1 A 5 January 4, 2007 Marco Island from Collier County. Boy is that a good one. MR. SCHMIDT: l'l1 rephrase that in my notes. CHAIRMAN STRAIN: Recommendation to approve the changes to Marco Island Master Plan. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Adelstein. Seconded by? COMMISSIONER SCHIFFER: l'l1 second. CHAIRMAN STRAIN: Mr. Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: I bet you want the economic element last. MR. SCHMIDT: I do. CHAIRMAN STRAIN: Is there a motion to recommend approval ofthe economic element? COMMISSIONER MURRAY: So moved. COMMISSIONER TUFF: (Indicates.) CHAIRMAN STRAIN: Made by Commissioner Murray, seconded by Commissioner Tuff. Discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Corby, is that it? MR. SCHMIDT: That is. COMMISSIONER ADELSTEIN: I'll be darned. CHAIRMAN STRAIN: Let's see where we are with our agenda. We've got like six more items here, guys. No, I'm just kidding. Page 99 1611 1/1.' E) January 4,2007 Item #9 OLD BUSINESS The old business, which is Brad's issue, has been postponed to the next regular meeting, which would be the 18th. Mr. Murray, you had something you may want to add at that time? COMMISSIONER MURRAY: I'l1 do it at that time I think, yeah. Item #10 NEW BUSINESS CHAIRMAN STRAIN: There's no new business. COMMISSIONER KOLFLA T: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: I'd like to just introduce something, if! could. At our next meeting, I wanted to bring up the subject and I wanted to advise you of where the area is in case you might want to take a look at it. On Golden Gate Parkway between Airport Road and U.S. 41, there is a development called The Estuary, which is on the south side of Golden Gate going west, and they have an eight-foot wall there with some beautiful landscaping in front of it. I'd like to bring that subject up at our next meet. I'd like to have an opportunity to pass that out to take a look at that landscaping and make a judgment as to what your opinion is of it. CHAIRMAN STRAIN: We can discuss anything you'd like, Mr. Kolflat. I'm not sure we can do anything about it, but we certainly can discuss it. And if there's any issues that staff may have as far as background research, maybe that can be addressed at the same -- provide that information to us to help with the discussion. COMMISSIONER KOLFLAT: But Ijust want to alert you that I'l1 be bringing it up. So if you have the opportunity to go take look at it, I'd appreciate it. Because I'l1 give you a little bit of background on it. CHAIRMAN STRAIN: Okay. Thank you, sir. MR. COHEN: Mr. Chairman and Mr. Kolflat, for the record, because Kay Deselem's not here, do you want any information provided to you for that meeting with regard to that subject matter like aerials, anything in particular? CHAIRMAN STRAIN: Mr. Kolflat, your intention is to do what with that, so we know how to prepare for it? COMMISSIONER KOLFLA T: I want to ask your opinion as far as what you think that could be as a standard. CHAIRMAN STRAIN: Oh, well, I think that's something that staff would really -- that's an LDC issue, so you're getting into a whole Pandora's Box of standards that would have to be brought into play with the land development code. So maybe Michael Sawyer or one of those landscaping fellows might just want to attend at some point at the end of that meeting just to answer any questions we have about the applicability of Land Development Code for that kind of a use. COMMISSIONER KOLFLA T: I don't think that's necessary, because this would apply to one of Page 100 . 16 J' 1 A j 5nuary 4, 2007 the petitioners that will be on the agenda. CHAIRMAN STRAIN: Now you've got me confused. COMMISSIONER SCHIFFER: Now you got us in trouble. CHAIRMAN STRAIN: Yeah. You know of a petition coming up on the 18th that involves the landscaping of The Estuary? COMMISSIONER KOLFLA T: Not the -- doesn't involve the Estuary, but involves that type of landscape. CHAIRMAN STRAIN: Mr. Kolflat, if you think that that landscaping is something that may be needed in regards to the petition, instead of adding it as a separate item on our next agenda, you may want to incorporate that into your deliberations on that particular application when it comes through and bring with you anything that you feel is applicable to it to reemphasize the position you'd like to take. COMMISSIONER KOLFLA T: I will, and I intend to do that. But I just want to alert you that in the event that you are traveling that way, if you could get a look at it, that might give you some opinion in your mind that I bring it up. CHAIRMAN STRAIN: Okay. Well, then I don't think, Randy, we're going to look at it as a separate issue. It will be part of a discussion on the application. Anything else for new business? COMMISSIONER MIDNEY: Yeah, the Immokalee master plan will be coming up this year, I think, before this plarming commission. And we've never, since I've been on the board, had a meeting in Immokalee. Just sort of a word to staff to think about it, having that meeting in Immokalee. CHAIRMAN STRAIN: We already had decided that would happen. We've already asked staff. In fact, we even suggested that we have a preliminary meeting with that committee to move it along, if that was helpful. So I think -- no, Paul, you're absolutely right. COMMISSIONER MlDNEY: Just to refresh their memory. CHAIRMAN STRAIN: When that comes up, if you see it coming up on the agenda, please let us know ahead of time, because that will have to have a separate meeting special for Immokalee. And if it's one that is needed in the evening over the daytime, I think that may -- you may want to consider that too if you could find out for us what best works for the people out there. COMMISSIONER MlDNEY: I don't know, evenings are always better. Is this board open to evening meetings for something like that? Because other people might want to say well, we want evening meetings too. CHAIRMAN STRAIN: It would be an LDC or GMP. I don't see why we couldn't meet in the evenmg. COMMISSIONER MIDNEY: I would prefer that. COMMISSIONER ADELSTEIN: What day are the meetings normally? CHAIRMAN STRAIN: Out there we haven't set a time. We usually meet on Thursdays. COMMISSIONER MlDNEY: No, I know what you were saying. We usually have our master plan meetings in the evenings, half in the evenings and half in the daytime. But for our CCPC to discuss the Immokalee master plan I'd like to see that in Immokalee in the evening. CHAIRMAN STRAIN: I think we've already kind of mentioned that to staff that's what we'd like to see happen, too. MR. COHEN: And Mr. Chairman, Tom Greenwood from my office acts as staff to that particular committee and works with Mr. Midney, and l'l1 have him coordinate with Mr. Midney as they get closer to that point in time. CHAIRMAN STRAIN: Thank you. Page 101 .~."., 16 I 1 1A" ') January 4, 2007 Item # 11 PUBLIC COMMENT Are there any other -- there's no public comment, because nobody from the public is here. Discussion of the -- no, that's it. Motion to adjourn. COMMISSIONER SCHIFFER: So moved. COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Okay, meeting is adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:35 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 102 16 /-1 A I 5 F~F l\"ED AGENDA Revised ~ 'HI;l! ; '.J~} f'::" COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 15,2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 330 I T AMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. 1. PLEDGE OF ALLEGIANCE ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND / EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Fiala V Halas ~.Jf Henning I Coyle _.-V Coletta 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - DECEMBER 21,2006, REGULAR MEETING 6. BCC REPORT- RECAPS - JANUARY 9, 2007, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Alan V. Roseman, of Q. Grady Minor & Associates, P.A., requesting a conditional approval in the Rural Agricultural (A) zoning district to allow aquaculture per Section 2.04.03 "Table 2" of the Land Development Code (LDC). The subject property, consisting of 15 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. (Coordinator: Carolina Valera) Misc. Corres: Date: Item#: 1 Copies to 9. OLD BUSINESS 10. NEW BUSINESS 1611f - , Request the Collier County Planning Commission to review and choose dates for their upcoming meetings on AUIR 2007, including dates for the actual AUIR 2007 hearing, between the CCPC and the Productivity Committee as follows: BCC CD&ES CHAMBERS 609/610 LOSS LOSS WORKSHOP WORKSHOP CCPC/PC CCPC/PC Mav-07 Mav-07 5/21/2007 5/24/2007 5/25/2007 5/29/2007 BCC CHAMBERS 2007 AUIR Mtg. CCPC/PC Oct-07 10/15/2007 10/16/2007 (out 430 pm) 10/26/2007 10/29/2007 CD&ES 609/610 2007 AUIR Mtg. CCPC/CP Oct-07 10/9/2007 10/18/2007 10/23/2007 10/25/2007 10/30/2007 Would require approximately 2 days in May 07, and the hearing in Oct. 07, approximately 3 days, with 2 Extra pending, in case the meetings need to continue. 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 02-15-07JCCPC AgendalRB/spimk 2 16 I 1 A r;.. Deceffi1jer 21, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida December 21, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti (Absent) ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student-Stirling, Assistant County Attorney Don Scott, Transportation Planning Page 1 16 'lln\ 5 December 21, 2006 MR. SCHMITT: You have a live mic. CHAIRMAN STRAIN: Okay. Good morning, everyone. It's 8:30, and we need to get started. Item #1 PLEDGE OF ALLEGIANCE If everybody will rise for the Pledge of Allegiance, please. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL call. CHAIRMAN STRAIN: Thank you. And will the clerk -- or the secretary please provide the roll COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney is absent. Commissioner Caron is here. Commissioner Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti is absent. And Mr. Tuff? COMMISSIONER TUFF: Here. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Okay, addenda to the agenda. I have no continuation request for items A through F, so they'll be going forward. On 9(B), the discussion of our LDC issue that was raised last week by -- or last meeting by Commissioner Schiffer, we'll be deferring that till the January 4th old business, so if staff can make a notation to move it to that agenda, it will be not utilized on today's agenda. And is there a motion to accept the agenda as __ COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: -- recommended? COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Tuff. All in favor? COMMISSIONER KOLFLAT: Aye. Page 2 1611415 December 21, 2006 COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MR. SCHMITT: Commissioner Strain, can I ask, this issue on the LDC amendment, is that something that the board requested, or was that -- because we were prepared to discuss that today. I'm not sure -- you're deferring that till the next meeting? CHAIRMAN STRAIN: Yes. Today's meeting is going to be rather involved. I expect we're going to be here all day. Our January 4th meeting, of which I've already received the agenda and approved it, is much smaller. I checked with Mr. Schiffer who is the originator of the request for 9(B). He had no problem seeing it moved to January 4th. And out of deference to this board, the court reporter and others who may be here for nine or eight hours, 10 hours today, I just -- I think it would be more productive to have it on January 4th. And that was just what this board just approved, so we'll go forward with that. MR. SCHMITT: Okay, just for the record then, we'll move it, but for the record, the entire proposal was removed from the board's agenda and was -- is being deferred to the forthcoming cycle. So the board -- the entire item was withdrawn from this cycle of the LDC amendments. CHAIRMAN STRAIN: Well, I'm not going to get into the discussion on the issues of it right now. But on January 4th we still would like a follow-up report like we had asked. And then any further discussion or clarification that this commission may deem to be warranted that would help clarify it in the future will be provided at that time. MR. SCHMITT: Okay. Now what about the other agenda item in regards to the LDC amendment cycle, FY '07 amendment cycle? All our intent was to do is to hand out the schedule and ask whether you concur or not concur with the proposed schedule. CHAIRMAN STRAIN: Well, 9(B) was the only item removed. 9(A) is that item, so that still stays. So we'll still continue on with that. (At which time, Commissioner Midney enters the boardroom.) CHAIRMAN STRAIN: The next meeting of this board -- and Ray, I know there was some confusion last week over what we were told on December 7th about not having any meetings until today. I learned through discussions with staffthat you keep track of the meetings involving zoning issues. But apparently somebody else keeps track of issues not involving zoning that this board is supposed to be involved in. And in that regard, I don't know who to ask today if we have any other meeting between now and January 4th. MR. BELLOWS: For the record, Ray Bellows. I was reading from a calendar that was supposed to have everything on it. And I've since made sure that our secretaries make sure that all that information is on there. But you are correct, there are other lists that other departments such as the comprehensive planning department, ifthey don't notify my staff then it may not be on the calendar. CHAIRMAN STRAIN: Okay, Mr. Schmitt, in an effort to be better organized for our sake, is there someone that can be positioned as a point person for this -- MR. SCHMITT: Yes. Page 3 1611A 5 December 21, 2006 CHAIRMAN STRAIN: -- committee to rely upon to-- MR. SCHMITT: That is in fact Ray's staff. That information was on the calendar. Ray didn't have it. But that -- you have one single point person and that is the zoning staff -- the zoning staff, they keep one calendar, that is your calendar. That information was on the calendar. Unfortunately Ray didn't have that information and passed out what he thought he had was the most current which in fact wasn't. But-- CHAIRMAN STRAIN: What I'd like to know is from now on when I ask that question, can we rely on what Ray says and have no more of this meeting popping up in the middle between odd times when we probably don't have any other meetings? MR. SCHMITT: Well, yeah, absolutely. I mean, Ray made a mistake. I guess __ CHAIRMAN STRAIN: No, Ijust -- I don't think he made a mistake, based on the responses I got when I questioned on how this happened. I was told he only keeps track of the zoning matters. If now we're changing that, that's fine. MR. SCHMITT: That is incorrect. There's one calendar for the planning commission that includes all the hearings. CHAIRMAN STRAIN: Okay. So from now on we will be asking the question and whatever comes out ofthat answer, that's what we're going to live with. Because having an interim meeting in between surprised everybody. And luckily we had a quorum, but yet we still didn't have a meeting because we didn't have a court reporter because another office in the county canceled the court reporter. So it certainly is not well organized in that regard. If you could-- MR. SCHMITT: Well, it was organized. The court reporter was asked for. It was canceled. I don't know why. That meeting was advertised, it was scheduled, and there was an error made in giving you the information. I dispute that it was poorly organized. That's, I think, a poor choice of words, but we'll leave it at that. CHAIRMAN STRAIN: Well, I didn't mean that in regards to any impingement or infringement on your department. I simply meant in getting this board the information we need, knowing we have a meeting, I would rather see an organizational change made that is more effective than what we currently have. How's that? Is that a better way of stating it? And IT, if the gentleman from IT is here, the second monitor is not working up here. Mr. Schiffer won't be able to see things. So if you could, when you finish that, that would be helpful. Item #4 PLANNING COMMISSION ABSENCES With that, planning commission absences. Is everybody planning to be here on January 4th? Mr. Midney, welcome. He sneaks in a few minutes after the hour every time. Is January 4th acceptable to everybody on the board? Okay, I have no indications of any absences, so January 4th looks fine. Item #5 APPROVAL OF MINUTES - NOVEMBER 2, 2006, REGULAR MEETING: NOVEMBER 16, 2006, REGULAR MEETING Are there approval to the minutes of November 2nd regular meeting? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: (Indicating.) Page 4 1 6 J i ! Ai ~ Decen'i'ber 21, 2006 CHAIRMAN STRAIN: Motion by Commissioner Adelstein, seconded by Commissioner Murray. All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Motion carries. Approval of November 16th regular meeting. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Commissioner Adelstein again, Commissioner Murray again. All those in favor, signify by saying aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER CARON: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybodyopposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. Item #6 BCC REPORT - RECAPS - NOVEMBER 14,2006, REGULAR MEETING: NOVEMBER 28. 2006, REGULAR MEETING BCC reports and recaps. Ray, November 14th and November 28th. MR. BELLOWS: Yes. On the December 12th meeting, the Board of County Commissioners heard the rezone for RZ-AR-8039. That was the KO Whippoorwill rezone. That was going to the RMF-6 district. And the board approved that by a vote of 5-0. The board also approved the PUD rezone for Summit Lakes, and that was also by a 5-0 vote. They also heard a report from Dan Summers concerning the emergency management plan. And the board had directed that Dan present that to the planning commission, so I've been requested to try to coordinate some time or days that you might want to hear that from Dan. CHAIRMAN STRAIN: If! recall correctly, our January 4th schedule is not that jammed up. If that's a convenient time for Dan's department, why don't we take a look at doing it then. MR. BELLOWS: January 4th? CHAIRMAN STRAIN: Yeah. MR. SCHMITT: That briefing was the hurricane evacuation briefing. It was prepared by -- I Page 5 16 I 1 A 5 December 21,2006 believe it was CH2MHill that prepared that evacuation study. The board asked and then voted to have that presented to the planning commission as well. CHAIRMAN STRAIN: That's good. I'm glad we could see it. I'm assuming there was an executive summary and backup data. And I know that this board may have questions about the backup data, so as intense -- that data backup that's available could be sent to us obviously prior to the meeting, that would be very helpful for us understanding-- MR. SCHMITT: If you ask for this on January 4th, probably won't get that out till sometime next week, if! get that at all. I mean, I'm going to get that from Dan and his staff. CHAIRMAN STRAIN: Right. That's the reason I was mentioning it. Because if we can't get it next week, then maybe we should look at a future date. MR. SCHMITT: Okay. CHAIRMAN STRAIN: And the reason, next week is when we usually receive our packet. And your staff is working very expeditiously lately, because we're getting our packet today. So that's -- a week ahead. MR. SCHMITT: I believe the packets are going out today for the January 4th meeting. CHAIRMAN STRAIN: So that works real well. And if we get this one next week, we still have plenty of time to review it. MR. SCHMITT: In regards to your calendar, I've directed Ray to give you a calendar at the January 4th meeting that will have all your meetings on for 2007, to include all the GMP amendment cycle meetings as well, and the LDC meetings. So we will give you a complete calendar of everything that's scheduled. It is scheduled. The GMP meetings are scheduled. The LDC meetings, if you approve this schedule, will be on there, and all your planning commission meetings. And we'll give you an annual calendar, with the understanding there may be some tweaks here and there. But I will give you an annual calendar at the next meeting. CHAIRMAN STRAIN: And Joe, that's all we're asking. There's no problem there. And I like the fact that Ray is the point person, because we see him constantly anyway and that works well for us. The difference with this last meeting was we had it on the agenda, and it was canceled because originally we didn't need it. It was an AUIR meeting. So that was canceled for that purpose, but then it was reactivated for an EAR meeting. And that's when I went back through in the minutes and I tried to find what happened, and that's what I found. So I could see how it could have slipped up. We'll just expect a refresher every time we ask, that's all. COMMISSIONER KOLFLAT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLAT: On that Whippoorwill KO report, if you recall, we recommended denial on it. I think the vote was 7-2. But in watching the commissioners, they were presented with information regarding traffic that changed from the time we reviewed it. We were concemed about the traffic deadending down there at Whippoorwill Lane, which is a deadend road. But at the commission meeting, apparently they have been able to -- transportation to design and prepare for an exit either onto Livingston Road or some other exit. Is that not right, Ray? MR. BELLOWS: I didn't catch the last part of the question. CHAIRMAN STRAIN: And I -- we voted against the Whippoorwill project 7-2 because of traffic issues. One of the issues was the only exit was to on a constrained roadway, Pine Ridge through Whippoorwill. One ofthe issues the applicant transportation had come forward with was that they needed another connection at the end of Whippoorwill, which they hadn't confirmed yet. Page 6 16/1 A 5 December 21, 2006 Between this meeting -- between it leaving here and getting to the BCC, it was continued a couple oftimes, once or twice. And I believe the reason for the continuance was to work out that connection between the end of Whippoorwill and to some connection that is going to involve the extension to Green Boulevard. And I think that was the basis why the BCC saw it differently than we did. And we may have seen it differently as well, had that connection been on the books when it came to us. Don, you're at the podium. MR. SCOTT: Don Scott, Transportation Planning. I know we talked about it, but we didn't know we had a definite deal at the time of planning commission. That's why they delayed the time in between the planning commission and the board. And then we did lock up a deal with a developer to the south to build that connection in their design right now, and that's soon -- you know, about a year to 18 months, so -- and that's the information we passed on to the board at that time, too. COMMISSIONER KOLFLA T: So it wasn't in effect then at the time we reviewed it? MR. SCOTT: That's right, it wasn't -- it was what we talked about, but we weren't positive it was happening at that point. COMMISSIONER KOLFLA T: Well, I was interested in that, because that was really the only cause that I could see for recommending denial. And that evaporated in the time it got to the commission. MR. SCOTT: It makes a big difference, and we're happy to get that connection in there. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: One of the benefits of this board's thorough review before it goes to the BCC, if applicants see that there is a problem, it does provide the opportunity to rectify the problem so it's not so highlighted in front of the Board of County Commissioners. So by the no vote and then by the correction, we actually produced a good thing of that. So that system worked fine in that regard. With that, is there any other -- you've finished your recaps then? MR. BELLOWS: Yes, sir. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: The chairman's report. I wish to report that we have some cookies for break, and that we've got a nice Christmas story with a candy cane. And I appreciate that. And I want to thank those of you that have provided those niceties. But they will not soften this board's attitude towards what we're discussing today. We haven't partaken of those yet. Item #8A PETITION: PUDA-2006-AR-I0030 So with that, we will move into the advertised public hearings. The first one is Petition PUDA-2006-AR-IOO-30. PUD amendment to reflect the current LDC sections for Hammock Park Commerce Place PUD, a northeast intersection corner of951 and Rattlesnake-Hammock Road. All those wishing to participate in this petition, please rise and be sworn in by the court reporter. (All speakers were duly swom.) CHAIRMAN STRAIN: Are there any disclosures on the part of planning commission members? (No response.) Page 7 -- Ai 5 1611 December 21, 2006 CHAIRMAN STRAIN: I have one, and that is I met with the applicant and his representative, Bruce Anderson, and discussed the project. Most of our discussion focused on the traffic and the phasing. Mr. Murray? COMMISSIONER MURRAY: And I met with Mr. Anderson regarding the matter we're discussing. CHAIRMAN STRAIN: Okay. And I need to remind myself, I need to talk slow today, and I will try to do so. I ask everyone to follow and not overspeak one another. Wait to be recognized. And if Ms. Caron, if she sees the fingers moving too fast on Cherie', please kick me in the side or something to let me know to slow down. Thank you. Mr. Anderson, it's all yours. MR. ANDERSON: Good moming, Mr. Chairman. Thank you very much. For the record, my name is Bruce Anderson from the Roetzel and Andress law firm on behalf ofthe applicant, Sembler Company. Also, I'd like to introduce Bob Mulhere and Emilio Robau ofRW A, Inc.; Reed Jarvi with Vanasse Daylor; and Amber Overby, Director ofpublic Affairs for the Sembler Company. I'd like to ask her to come up here for just a moment and share with you the public outreach efforts that Sembler engaged in prior to this matter coming before you. MS. OVERBY: Good morning. It's Amber Overby. O-V-E-R-B- Y. And as Bruce mentioned, I'm with the Sembler Company and have seen you all before. And I just wanted to talk to you a little bit about -- and I had talked to you before about Sembler, but most recently in the last two months we've received two more very distinguishable awards. The first was we were named by the Florida Redevelopment Association in Tallahassee. Our project called Tangerine Plaza was recognized as the best redevelopment in the entire state for 2006, which was a pretty exciting reward for us. In addition to that, in October we also received an award for one of our projects in Atlanta called Perimeter Place. And the award was issued by the Atlanta Regional Commission, and it was the award for the 2006 Livable Centers Initiative Achievement Award. So we're very happy, and we continue to be producing award-winning, innovative projects. In keeping with our corporate philosophy, it is my job to make sure that we continue to engage with neighbors in every community. And you may remember when we were here presenting for Brooks Village that we held extensive meetings and discussions with the neighbors, and they ultimately played a very integral role in the proposed development that was ultimately approved. In the case of Hanunock Park, Sembler held its first neighborhood information meeting on August 28th, and a few people showed up. And the focus of the conversation was related to including medical office in the project, which we do intend on doing. We then contacted the surrounding communities again last month to update them on the progress and inform them about this hearing. We contacted Lely, Verona Walk and Naples Lakes Country Club, and held meetings with all but Lely. And these meetings were very positive and productive, and gave us another opportunity to engage the neighborhood leadership and continue to build that dialogue. And actually, in fact, in the meeting with Naples Lakes, we surmised that a Mediterranean style design was preferred over an Old Florida, and that we will now be incorporating into the motif for the project. So we continue to work with neighbors and engage, and my door always remains open. Thank you. CHAIRMAN STRAIN: Thank you. MR. ANDERSON: Commissioners, this is a PUD amendment that has been required by the Board of County Commissioners as part of the PUD extension and sunset review process. This property is just Page 8 16 J 1 A 5 December 21, 2006 over 20 acres, and it's located in the commercial activity center boundaries at Rattlesnake Hammock Road and Collier Boulevard. It is presently zoned and has been since 2000 to allow 200,000 square feet of commercial uses. This PUD amendment would reduce that allowed square footage by 20 percent, from 200,000, to 160,000 square feet. Weare requesting one additional change to the PUD to allow the option to go up to 100,000 square feet for office uses, not just retail. That wouldn't change the overall cap of 160. At present the ordinance has a cap of 50,000 square feet for office. And the reason for that is, frankly, discussions with HMA and other medical providers that may wish to locate close to the new hospital. A companion item that is not technically before you today is a draft developer contribution agreement that remains a work in progress. But we did want to provide you with the framework of what we're working on. It has not been finalized. We're still negotiating on some of the finer points. But basically the DCA would provide for phasing of the project's certificates of occupancy with 45,000 square feet of commercial uses that we'd be allowed on approval of the PUD amendment. And the remaining 115,000 square feet would be permitted to receive their certificates of occupancy 15 months after approval. The Board of County Commissioners' hearing on this matter I believe is scheduled for late February. So the remainder could not receive certificates of occupancy any earlier than May of2008. Under the developer contribution agreement, the developer is providing the county with an estimated $1,626,000 worth of right-of-way and drainage improvements, and it's proposed that they would receive $566,000 in temporary road impact fee credits, which would be completely repaid at the beginning of Phase 2. This developer contribution agreement gives and saves the county more than a million dollars on the ongoing Rattlesnake Hammock Road project. The other members of the team are available to answer questions and/or give a presentation. I'm going to ask Reed Jarvi to come up here in a moment. And in the meantime, I'd like to introduce and ask Mr. Bellows to distribute to you a letter of support from the CEO ofthe new HMA Hospital that's located on the same side of Collier Boulevard as this PUD. Mr. Jarvi, if you could come up and address some of the traffic issues, or lack thereof. CHAIRMAN STRAIN: Mr. Anderson, before he does that, you're suggesting a change in the amount of office space, the maximum? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: You may have already said this. What maximum are you looking at? MR. ANDERSON: 100,000. CHAIRMAN STRAIN: Out of the 160? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: And then maybe -- the reason I asked that is maybe Reed could tell us the impacts to traffic, if changes like that were made. MR. ANDERSON: Thank you, Mr. Chairman. MR. JARVI: Good morning. My name is Reed Jarvi, Professional Engineer with Vanasse Daylor. We prepared the traffic impact statement for this project. I have a brief statement, and I'll attempt to address Mr. Strain's question. First off, when we did the -- this traffic statement, we've been involved with this project for several years, and we did the original Hammock Park Commerce Center I guess four years or so ago and the extension, and we've been involved with an SDP also at this parcel. As you go through the impact statement one of the things you may note is that we've continued to use general retail, which we typically use as shopping center on this project to remain consistent with the other previous approvals and submittals. So we have done -- kept consistency over the life of this project. ~. Page 9 1611 A15 December 21, 2006 As Bruce mentioned, we are proposing to go from 200,000 square feet of retail to 160,000 square feet. That is a 20 percent reduction in square footage. It is an approximately 16 percent reduction in p.m. peak hour trips. The reason for that, in case you're wondering, is the formulas are not linear, they're logarithmic. So the bigger the shopping center, the less the increase in trips are. So there's a slightly different formula. The full build-out of the project as currently amended meets the consistency requirements of the county. Staff has noted that in their staff report. Also, it was proposed today as an SDP, which it is not, but ifit was proposed as an SDP, it would meet concurrency of the adjacent road network. I think both of those statements are important to know. We don't feel that the project as presented needs phasing; however, during discussions with staff at the developer cont -- in accordance with the developer contribution, we have agreed to phasing. As Bruce noted, 45,000 square feet after the PUD and the remainder in 2008, IS months after the approval. Another thing to note, and you've all heard me say this before, but it's important to note again, that this is a commercial project. Commercial projects are attractors of traffic, they aren't generators of traffic. All the residential units that are out in this area, 951 and Rattlesnake Hammock, Lely, down to the south, some of the other projects to the north, are going to shopping trips, office trips somewhere now. They're going to the Publix, the Wal-Mart, whatever. And some ofthem may be even going to farther than what would be considered a neighborhood area. So with the development of this commercial project, we will actually capture trips that are pretty much already on the roadway system. This actually could improve the situation out there from a traffic standpoint. I don't propose that at this point in time because of the way we do our traffic concurrency and consistency evaluations at the county. But the traffic that's out there going four, five, six miles for a shopping trip now might go one or two miles for a shopping trip, which would actually lower the vehicle miles traveled, and that would be a benefit to the area. Roadway construction. Just to note, widening of Rattlesnake Hammock Road to six lanes, that's to the west of 951, is already underway. It's anticipated to be complete in late '08. Widening of Collier Boulevard from Davis Boulevard to 41 is in the final design stages, and it is anticipated to start construction next year. Those are the projects in the immediate pipeline. Also, Bruce noted that the developer's contribution agreement addressed right-of-way for a future Rattlesnake Hammock Road extension. That will -- is anticipated to connect to what might be a Benfield Road connection in the future, north-south road. If you may remember, there is a north-south road scheduled -- or addressed in the long-range transportation plan. That would go from somewhere 41 up north, and Rattlesnake extension would provide an integral link to that from 951 and parts to the west. They also are constructing, as part of that new crossing, a 951 canal at the current location of the entrance to Swamp Buggy. And I think that will be important to upgrade that intersection for future uses of both this project and possibly other uses out to the east. The question that Mr. Strain had, I don't have the exact numbers, but I can tell you that I've done a comparison for trip generation accounting for pass-by traffic, and if we would change to general office, one foot of general office equates to .36 trips -- excuse me, one trip of general retail equates to .3 trips -- .36 trips of general office, or .76 trips of medical office, that's in the p.m. peak hour. So it would be a reduction of -- depending if it's medical office to general office, of probably somewhere 75 -- 25 to 75 percent, roughly, on a trip for -- or a square foot to square foot comparison. CHAIRMAN STRAIN: Did you do the traffic analysis? I can't recall. I'm sure it's-- MR. JARVI: Yes, sir, I did. CHAIRMAN STRAIN: No, no, for Pioneer Lakes. MR. JARVI: Oh, Pioneer Lakes, no, I did not. Page 10 16 I Jcib~~ 1, 2006 CHAIRMAN STRAIN: Okay. Because they have a conversion ratio in here for exactly the same thing. I don't think it matches up to yours, but I guess we'll deal with that -- MR. JARVI: Yeah, I -- well, it may not because being in -- I can't directly speak for them, but being a regional mall, or a much larger commercial, if they converted it with a pass-by comparison, it would be a different number pass-by. So it would be -- it would probably still be fruits, but it wouldn't be apples and apples. CHAIRMAN STRAIN: Because the applicant requested an increase in office. I just wanted to be assured that if that was a consideration, then traffic wouldn't be worsened, it would be improved. MR. JARVI: Yes, sir. It would be less in either case. General office or medical office would be significantly less. CHAIRMAN STRAIN: Are there any questions of the TIS? I know transportation staff, we'll certainly have to talk with them. Do the members have any questions on the TIS part ofthis package? (No response.) CHAIRMAN STRAIN: Reed, on your Page 2 -- COMMISSIONER MURRAY: I had one, but that's -- CHAIRMAN STRAIN: Did you? COMMISSIONER MURRAY: Let me just quickly go over it. IfI'm looking at on Page 3, when you say the area conditions, I don't know how significant this would be, but down where it says Collier Boulevard, the speed limit is posted at 45 miles per hour. That may be a 45 mile an hour road, but it's actually posted at 55. MR. JARVI: I think -- yes, sir. COMMISSIONER MURRAY: Okay, then I don't know whether that impacts significantly on that. I doubt it would, but I just wanted it to be clear. But I do know that that road probably under state rules should be at 45. MR. JARVI: Yes, sir. COMMISSIONER MURRAY: Thank you. And I would just ask that -- you wouldn't know, the -- this is probably for staff, about when the six-lane expansion, it was supposed to begin in 2006. You said the design is in final -- MR. JARVI: Yes, sir. COMMISSIONER MURRAY: I'l1 ask the question later of Nick. Thank you, that was it for me on that. CHAIRMAN STRAIN: Okay. Reed, on Page 2 you list some improvements that are needed on four segments of road system. To what extent on each one of those improvements is your applicant going to be making those improvements? MR. JARVI: Actually, these would all be site related. These are for access to the project directly. CHAIRMAN STRAIN: Right. So you're making all those independent of impact fees? MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Okay. You haven't got it turned to the page, but I notice in your writings that you're basing your TIS on the fact that the committed improvements would be made. Is that a fair statement? MR. JARVI: Yes, sir. CHAIRMAN STRAIN: I also notice that the level of service that you were trying not to exceed was level of service E. It's on Page 11. MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Okay. So what this boils down to is with all your improvements, you can make those improvements, still retain level of service E at the time the improvements are completed; is that Page 11 1611 ~ S .. t December 21, 2006 a fair statement? MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Thank you. Are there any other questions of the TIS? (No response.) CHAIRMAN STRAIN: Okay. Thank you very much. MR. JARVI: Thank you. CHAIRMAN STRAIN: Mr. Anderson? MR. ANDERSON: Yes. CHAIRMAN STRAIN: You know, Bruce, I think you're sneaking off because the hard questions are yet to come. Did you have any other presentation, comments? Because there are some questions we may want to ask of whoever is representing the language in the PUD. Is that you? MR. ANDERSON: I'll be happy to sacrifice Mr. Mulhere. CHAIRMAN STRAIN: Okay. But before you sacrifice him, you had made one statement that I caught that I need to understand. MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: You said the BCC requested these changes. MR. ANDERSON: They requested a PUD amendment. CHAIRMAN STRAIN: Okay. Well, why did they request a PUD amendment? MR. ANDERSON: Because they refused, unwisely, to extend the PUD. CHAIRMAN STRAIN: So you're saying the BCC is unwise. MR. ANDERSON: No, I'mjust saying that particular decision. CHAIRMAN STRAIN: Just wanted to make sure I got your words straight. So this PUD has sunsetted. They refused to extend it until they came in with an amendment? MR. ANDERSON: Yes, sir. CHAIRMAN STRAIN: For the reasoning for the amendment, did they have any specific direction for the reason for the amendment? They just wanted to re-review it or __ MR. ANDERSON: Wanted to bring it up to the new LDC references and code requirements. CHAIRMAN STRAIN: Okay. And to do that, to get the extension, you voluntarily dropped the 40,000 square feet? MR. ANDERSON: Yes, we did. CHAIRMAN STRAIN: That's what I'm trying to boil it all down to. Were there any COA certificates issued for any parts of this project prior to today's meeting? MR. ANDERSON: No, sir. CHAIRMAN STRAIN: Thank you. Bob, good morning. MR. MULHERE: Good morning. CHAIRMAN STRAIN: I notice that Emilio is here, and he was wearing one of those weird little things in his ear like you used to until you lost yours. MR. MULHERE: Maybe that's mine. I can't find mine. CHAIRMAN STRAIN: As a company expense, it's 39 bucks. Good luck. Is there any members of the commission have questions? I do have some, but I certainly want to defer to the rest of you first on the PUD. COMMISSIONER MURRAY: I'll defer to anybody else first, but I would like to ask a question. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: On Page 14 of 18, it says that we're changing from a commercial-- to a commercial PUD from an RPUD, and that's not correct, is it? MR. MULHERE: That is not correct. Can you point it out to me? Page 12 16 (1 iA 1 5 Decemoer 21, 2006 COMMISSIONER CARON: Page 14 -- wait a minute, let me get to it. This is on revised document two, revision number two. CHAIRMAN STRAIN: It's on Page 14 of the PUD itself. It's Section 4.1, purpose; is that correct? COMMISSIONER CARON: Um-hum. And RPUD is crossed out and CPUD is -- MR. MULHERE: In the document that I have, I don't -- it reflects CPUD, so -- COMMISSIONER CARON: I'm looking at-- CHAIRMAN STRAIN: Strikeout and cross-through. MR. MULHERE: Oh, the struck-through. Okay, I'm looking at a clean document. COMMISSIONER CARON: Revision number two. MR. MULHERE: Correct. COMMISSIONER CARON: And it says that we're going from an RPUD to a CPUD. But I just wanted to confirm -- MR. MULHERE: Yes, it has been corrected. COMMISSIONER CARON: Okay. And it was not an RPUD before. MR. MULHERE: That's correct. COMMISSIONER CARON: It was always a commercial project. Thank you. Let's see. On Page 3 of 18 it says at the top of the Page B, it says the property is currently vacant. The entire site has blank. What goes in there? CHAIRMAN STRAIN: That would be Section 1.4.A, the last sentence. MR. MULHERE: The entire site has Hammock Park Commerce Center PUD zoning. So the entire site is zoned PUD. COMMISSIONER CARON: Okay. So this is a continuing sentence. Okay, thank you. MR. MULHERE: I did not bring the strike-through, underline version with me, so I'm looking at the existing one and the clean one. I assume that you also got at copy ofthe clean one. Oh, I've got one right here now. COMMISSIONER CARON: But for discussion purposes, it's -- MR. MULHERE: Yeah, that's fine. I've got one in front of me right now. COMMISSIONER CARON: Page 6 of 18,2.10, native vegetation retention requirements. MR. MULHERE: Yes. COMMISSIONER CARON: It says in underline that the exact boundaries of the preserve may vary. Does this mean you're going to be recreating preserve areas? MR. MULHERE: No. The preserve -- and if I could go -- well, I don't have a color exhibit. I'll put it up there. It's a little bit easier to see. It's kind of funky. Didn't look green to me on that, but -- this is the preserve area right-- CHAIRMAN STRAIN: Bob, you'll need to grab a mic. MR. MULHERE: The preserve area is shown at the top of that exhibit, just in this area here. And the exact boundaries may change slightly, but that is existing native vegetation. That will not be replanted, that will be retained. COMMISSIONER CARON: Okay. Then I have a question on Page 17 of 18 on the ordinance, which must be the current PUD. Here it says that native preserve vegetation is 1.78 acres. MR. MULHERE: Yes. The difference is that we are -- we have extracted the public right-of-way that we will be dedicating, which reduces the amount of preserve that we're providing, native preservation. The original PUD did not __ I think they probably weren't at a time where they knew what was going to be dedicated. COMMISSIONER CARON: Okay. Page 18 of 18. MR. MULHERE: That means we're getting towards the end. Okay. COMMISSIONER CARON: Under buffers. Why is this being taken out? Page 13 1611~ ~cember 21,2006 MR. MULHERE: That's already required by the LDC. COMMISSIONER CARON: Environmental, I'm sorry. But they're talking about buffers. MR. MULHERE: Yeah, it's already required. The LDC specifies what needs to be done, so it would be redundant language. COMMISSIONER CARON: You're just doing redundant. MR. MULHERE: Yeah. CHAIRMAN STRAIN: But Bob, the whole PUD is full of redundant language. That was one of my comments to make. So I'm wondering why this one was taken out and the others aren't. MR. MULHERE: Okay. Well, on top of that, staff requested that it be taken out. Because it's slightly different than the way that they would apply the standards today. COMMISSIONER CARON: Then we'll talk to staff. Thank you. MR. MULHERE: It is in a sense redundant however, because the LDC does specify, you know, how to buffer from the preserves. COMMISSIONER CARON: Thanks. That's all I have for right now. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, do you have a copy of the strike-through? MR. MULHERE: Yes, I do, sir. COMMISSIONER KOLFLAT: Would you turn to Page 16? MR. MULHERE: 16? COMMISSIONER KOLFLA T: Page 16. MR. MULHERE: Yes. CHAIRMAN STRAIN: Brad, did they ever fix your screen? COMMISSIONER SCHIFFER: No. That's all right. CHAIRMAN STRAIN: Would someone call IT and ask them-- COMMISSIONER SCHIFFER: No, they came up and said they had to take the panel off to turn it on, so forget it. Never mind. COMMISSIONER KOLFLA T: On Page 16, Item D as in David, the fourth and fifth line down have both the strike-through and an underline. What is this, a fielder's choice, you pick one or the other? MR. MULHERE: No, that language is intended to be struck-through. So yeah, there should not be an underline there. COMMISSIONER KOLFLA T: Well, throughout the -- comparing the two PUDs, the ones that are strike-through and the ones that are not strike-through, there are inconsistencies in all of the many pages of this. Which one should we be using in making our judgment, the strike-through copy or the other one? MR. MULHERE: Well, I'm not sure what inconsistencies there are. I mean, I do see that your underline and struck-through -- and I'm turning to the clean copy right now to verify that, if you'd just give me a second. CHAIRMAN STRAIN: And Mr. Kolflat, that maybe more ofa question for staff or the county attorney. Because I agree with you, in some of these PUDs coming up in today's meeting, we have four copies of the PUD, all of which are done a little bit differently. And this particular one and each one following, I don't know what the preference of this board was, but I relied upon the strike-through version for my mark-ups and questions. MR. MULHERE: Well, I think that's probably the appropriate version to utilize. And if there's a question on it, I've got both copies here. CHAIRMAN STRAIN: Bob, I think the problem is that if you look at the non-strike-through version, which is supposed to be the clean final copy, it doesn't match the strike-throughs and adds that were in the strike-through version. And Mr. Kolflat pointed that out. And that is a real concern, because when we vote today, we've got to vote on the edition that is the correct one that we utilized. Page 14 16,1 I D~ce~r 21, 2006 Ms. Stewart -- Ms. Student, I'm sorry. MS. STUDENT-STIRLING: Yes, Marjorie Student-Stirling for the record. I work off the clean document, because the clean document is the official document. Strike-through and underline is provided for your information to show you the difference between the old one that after all is being repealed and the new one. That's kind of a working document for you. But because we are repealing the old one and adopting a totally new PUD document, the official document is really the clean document. And what should be is there should be between the strike-through and underline document and the clean, it should match. In other words, if you were to look at the underlined things as added and stricken-through as deleted, that should be a perfect match with this clean document. CHAIRMAN STRAIN: I think what Mr. Kolflat is pointing out, and he did the research I believe to fmd this, is that it is not a perfect match. In that case, maybe when we make our motions on any projects today we clarify that it is the strike-through version as cleaned up based on the version we reviewed, regardless of what the clean version in our packet is. So-- MR. MULHERE: Mark, there should be -- I mean, you should have a copy of the ordinance that adopts this PUD. And behind that there should be a clean version ofthe PUD. And I'm looking at the clean version and I'm looking at the item numbered D. And it is as I said, the strike-through language, even though some of it is underlined -- you are correct, Mr. Kolflat, that should not be underlined -- it is struck through. So the clean version, it is only that first sentence that appears. And I don't know what you have in your packet, but you should have a clean version as well. COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN STRAIN: Well, let's finish with Mr.-- COMMISSIONER MURRAY: I just wanted to point out one thing. Before I requested, and I think this board agreed, that it would be very desirable to have a revised date noted on any document that's given to us so that we understand which came first and which one we should relate to. This is very, very difficult to go through, Bob, and I just add that. I would hope we would reinforce that view. CHAIRMAN STRAIN: Mr. Kolflat, based on Bob's comments, I know that you have reviewed these two documents. Is there anything between these two that specifically doesn't track between the strike-through on this project? COMMISSIONER KOLFLAT: Well, some ofthem are minor, but there's about 15 pages that I found that had discrepancies that weren't consistent with the strike-through philosophy, but I don't know that this is the time or place to go into that. CHAIRMAN STRAIN: Well, I think there's no better time. And unfortunately -- but I'd like just to take a couple of examples. And if those examples prove to be not as concerning, maybe we could just let staff handle the rest of it at some point. Why don't we just start with a couple of examples that you have. COMMISSIONER KOLFLAT: All right. On Page 2-- CHAIRMAN STRAIN: Your speaker, Tor. COMMISSIONER KOLFLA T: Page 2 of both documents. MR. MULHERE: Page 2 of the strike-through underlined version? CHAIRMAN STRAIN: Then Page 2 of your final version. MR. MULHERE: By the way, obviously we prepared the struck-through underlined version. So any errors in that are not staffs errors. Staff wanted to make sure I put that on the record. COMMISSIONER KOLFLAT: All right. For example, on Page 2, under OR17081667, you have Page 15 - -_._-_._--,..~~,_. . .._.__.....~.....-_--,....,.....- that there? MR. MULHERE: I'm looking for it. Yes. 1611 I' December 21, 2006 COMMISSIONER KOLFLAT: The containing 20.33 acres more or less is shown underlined, which would indicate an addition in the strike-through copy, but it's also still shown on the original copy. In other words, why would we underline the one in the strike-through when it's already __ MR. MULHERE: Yeah, it is additional language. It probably should not be underlined on the new one. So that underline probably needs to come out. COMMISSIONER KOLFLA T: The next one I had -- MR. MULHERE: Except for the material, but -- which page, sir? COMMISSIONER KOLFLA T: Page 6. Up at the top of the page on 2.10. MR. MULHERE: Okay. COMMISSIONER KOLFLA T: It shows in the original document, which is a non-strike-through, what I refer to as original, that pursuant to the LDC and so forth on there. MR. MULHERE: Yes. COMMISSIONER KOLFLA T: Then underneath that the exact boundaries of preserves. But if you go to the strike-through, you show that as being an addition in the strike-through, which would indicate that it did not appear on the original, but it does appear on the original. Why was that underlined as an addition when it was already in the original document? MR. MULHERE: I don't know, I've got to get to the original one here. I'm looking at that now. Okay. COMMISSIONER KOLFLA T: I mean, when you start to try to read and understand this, you go bananas. MR. MULHERE: I don't show it on the original document that I have here. 20079, Section 2.10? COMMISSIONER KOLFLA T: Yes. CHAIRMAN STRAIN: Yeah, but if you look at 2.10 on 2079, there's some more language there that was shown as not being amended in 2.10 of the new document. It should have been repeated there in the new set -- the one -- the strikeouts there. You don't have any crossouts. MR. MULHERE: Yeah, I see. Pursuant to the LDC as amended 15 percent of native vegetation on-site shall be retained. And what you're saying is that there's language referencing Division 3.9, Section 3.9.554. CHAIRMAN STRAIN: So there's a lot more language that's been omitted in the strike-through that wasn't in the strike-through -- MR. MULHERE: Correct. CHAIRMAN STRAIN: -- it was in the original PUD. MR. MULHERE: But the clean version does have the language that is intended. I agree that there are discrepancies here in terms of what was struck-through and underlined. But the clean version is the document that staff is recommending approval of, does show the correct language. CHAIRMAN STRAIN: It's my understanding that you just said your firm supplied the strike-through version. MR. MULHERE: We did, we did. CHAIRMAN STRAIN: Well, how would you take an existing document and rewrite it as a strike-through but not strike through the things that -- MR. MULHERE: I don't know. I don't know. I have to find out how that could have happened. CHAIRMAN STRAIN: And Bob, this board knows you, you've been coming before us for a long time. It is concerning, though, because we basically now are having to say that the applicant's supplied materials are -- we can base our findings on those, because they are in reliance on the fact it is the true Page 16 1611 A 5 December 21, 2006 original document, and you just said it -- we just now know it isn't. MR. MULHERE: But by the same token you have -- I mean, I recognize you shouldn't have to do this work. I agree 100 percent. But you have the original PUD, and you have the clean version, which is what you're adopting. CHAIRMAN STRAIN: I understand that. But I think -- and I'm not saying this as a deal-breaker here today -- MR. MULHERE: I understand. CHAIRMAN STRAIN: -- what I'm trying to say is -- MR. MULHERE: Yeah, I got the message. CHAIRMAN STRAIN: -- it may weigh differently on our review of this document if we know for sure what you were deleting from the original document. MR. MULHERE: Yeah. Well, apparently what was deleted was an old reference to the LDC that doesn't exist today. CHAIRMAN STRAIN: In this case. MR. MULHERE: Yeah. CHAIRMAN STRAIN: It could be different in other cases. And I think that's an important consideration that Mr. Kolflat caught. And I don't know how it needs to get corrected, but it shouldn't happen again. MR. MULHERE: Well, yeah. COMMISSIONER KOLFLAT: If you want to go to Page 7, I can show you another one, too. MR. MULHERE: Okay. I'm having a lot of fun. COMMISSIONER KOLFLAT: Page 7-- CHAIRMAN STRAIN: Bruce said you would. COMMISSIONER KOLFLAT: Page 7, up at the top there, under item one. MR. MULHERE: Okay. COMMISSIONER KOLFLA T: You show strike-through material that was not in the original document up there at the top. And you -- MR. MULHERE: Okay. All right, let me -- COMMISSIONER KOLFLA T: -- subsection B and C is struck-through on the strike-through copy, but that was not in the original. So we've got a strike-through something that was not in the original. MR. MULHERE: 2.13. I have it in the original that I'm looking at, so I'm not -- you know, I'm looking at the ordinance, which is signed in Ordinance 2000-79 has an A, B and a C under B of2.13. So it's been revised. It has a I, B(l), A, B and C. So that one, at least from my perspective, is correct. COMMISSIONER KOLFLA T: Well, the two copies I have did not jive that way. You're referring to the ordinance? MR. MULHERE: I'm looking at the original ordinance here, 2000-79. COMMISSIONER KOLFLAT: Yeah, but in our packet we also received a PUD that was not necessarily the original ordinance. MR. MULHERE: I don't know if that's the clean PUD. I don't know what it is. The three documents that are germane are the strike-through, underlined one, the original one and the clean one. CHAIRMAN STRAIN: The strike-through language on the -- in the document we received as a strike-through document, it does appropriately strike through that language on that issue, Tor. If you go to the original document, that last sentence does occur in the original document, so that one seems to be okay. COMMISSIONER KOLFLA T: On the ordinance there, is that what you're looking at? CHAIRMAN STRAIN: The original ordinance does have that sentence that was struck through. COMMISSIONER KOLFLAT: I didn't compare it to the ordinance, I compared it to the clean copy that was included in here. Page 17 "~~""'-'~"---'-'-'--"'-"'~~-~--'-~-'-"'-" 16 ....7 A 1; December 21, 2006 CHAIRMAN STRAIN: The clean copy shouldn't have the strike-through sentence in it. When you have a strike-through sentence and you move to a clean copy, the strike-through sentence gets completely deleted. COMMISSIONER KOLFLA T: Well, there are several others. Perhaps we should just forget those. CHAIRMAN STRAIN: No, I think as a follow-up to this, if staff during the break or during lunch could take a few minutes and run through the remainder of these with Mr. Kolflat to make sure we don't have any substantial issues to deal with, that would be helpful. Okay, Mr. Kolflat, were there any other issues of yours? COMMISSIONER KOLFLAT: Not on the PUD. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Bob, and this is open space, Page 5 of 18,2.9. MR. MULHERE: Are you looking at? I hesitate to ask, the strike-through version or __ COMMISSIONER SCHIFFER: They're both the same. MR. MULHERE: Okay. Thank you. COMMISSIONER SCHIFFER: It's just, I'm not sure what we're trying to say. Looks like we're saying that obviously we have to have 30 percent, as per the LDC. That's for the entire site. And that's also for individual units, unless the entire site is 30 percent, and it doesn't apply to the individual units. The concem I have is -- MR. MULHERE: Let me see if that was in the original PUD. Because -- I mean, it should be. It's not struck-through, it's not underlined. So I agree with you that that language, which was from the original PUD, seems a little difficult to follow. I guess we thought -- the bottom line is the LDC requires 30 percent open space. It doesn't require 30 percent open space on individual parcels or tracts if you replat them. It requires it on the entire PUD. That's what the LDC requires. COMMISSIONER SCHIFFER: What would it require on the individual lots? MR. MULHERE: There's no requirement. I mean, you're obviously going to have open space, because you're going to have buffers, water management, side -- you know, things like that. But that is applied to the PUD as a whole, it is not applied to individual tracts. You need that flexibility in design, outparcels and things like that. You may not have 30 percent. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT-STIRLING: Correct me ifI'm wrong, but I think the idea is that these are gross acreages where this is applied as part of the platting process, if it's to be platted, or part of the site development plan process. And you don't wait till you have individual lots broken out to start to apply it, because in the stream of the way the process works, it's applied at a point earlier. MR. MULHERE: This is redundant language, as Mr. Strain said. Because this is an existing PUD, it appears to me that there is a significant amount of redundant language that was not struck through. I suppose there's no harm in that, because it does read exactly as the code requires. As confusing as it's written, it still basically says you need 30 percent and you don't have to apply it to individual parcels. COMMISSIONER SCHIFFER: Then why does it say including individual development parcels? MR. MULHERE: This requirement applies to the entire development area including individual parcels. This requirement does not apply to individual development parcels as long as it can be shown that the required open space is found throughout the development area. It's not well written. MS. STUDENT-STIRLING: I think what that means is it applies to the total acreage. And that total acreage would include the future individual development parcels. I believe that's what that means. MR. MULHERE: Yeah. CHAIRMAN STRAIN: If you were to go back to the original document, this is one of those Page 18 A 5 December 21, 2006 strike-throughs you didn't move to the new document. It would have probably helped clarify it. The original document says the total project is 18.15 acres, requiring a minimum of 5.4 acres to be retained as open space throughout the Hammock Park Commerce Center. That sentence wasn't shown as a strike-through, but it would probably clarify in fact what the total requirement for the parcel was. Then how they got there through individual breakup ofthat parcel is irrelevant as long as they retain the amount required. I think that -- COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: But they didn't provide another carry-over or strike-through of that language either, which is more than just an LDC reference. That's on Page 6 ofthe original ordinance, Bob. MR. MULHERE: I'm looking at it. Yeah. It appears to me that the references to the old LDC were removed but not struck through. CHAIRMAN STRAIN: In some cases. I think it looks like it's arbitrary. And I'm wondering whose decision was it to make that arbitrary move, meaning some clerk in the back room punching numbers and then somebody following up and not reviewing it? MR. MULHERE: My staff. CHAIRMAN STRAIN: And then when it got to our staff, it wasn't caught. Mr. Kolflat has now brought it to the surface. MR. MULHERE: Right. CHAIRMAN STRAIN: Mr. Kolflat, then Ms. Caron. Brad, were you fmished? COMMISSIONER SCHIFFER: Not exactly. My concem with that was that, you know, the site could be developed where there's an area that has nice open space and it's in an area where it's really compressed. And I'm afraid that area might be up on Collier Boulevard. So I'm concerned with the aesthetics that could happen leaving the clause the way it is. If you __ I would be happy if you just kill 2.9, if you say it's redundant with the code. MR. MULHERE: It is. That would be fine. Because Sembler develops shopping centers all over the state, and particularly have done quite a few in Collier County. They haven't done that in any of the shopping centers, and I'm quite certain they won't do it in this one either. But we can remove that language. It is redundant. COMMISSIONER SCHIFFER: The only other question I had is that, did you ever think of -- did you do the planning for this, Bob? Are you the one that studied the planning aspects? MR. MULHERE: No. COMMISSIONER SCHIFFER: Who did that? MR. MULHERE: Hold on a sec. CHAIRMAN STRAIN: You didn't think it was going to be that hard, did you? COMMISSIONER SCHIFFER: Yeah. It's actually not worth the wait. MR. MULHERE: Vanasse and Daylor did the original master plan. We modified it. It would be Dwight and the engineering staff, RW A. COMMISSIONER SCHIFFER: But was there any thought ever given, specially because of the roadway that may be in the back and all, of adding residential to this? MR. MULHERE: No. COMMISSIONER SCHIFFER: Sembler won that award for Livable Centers, this might be a nice place to -- MR. MULHERE: There wasn't any thought given to it on this particular parcel. There are other opportunities that __ in this activity center that probably made more sense. They're not the subject ofthis petition. But I could let somebody from Sembler speak to that issue -- COMMISSIONER SCHIFFER: No, move on. 1611 Page 19 -,_.,.,-~.,."--,----------"--'- ~ I '! 1 A '5 December 21, 2006 CHAIRMAN STRAIN: Mr. KolfIat and Ms. Caron. COMMISSIONER KOLFLA T: Yes, following up on Brad's comment, do you have the plan here that you could look at, your plan? MR. MULHERE: The master plan? COMMISSIONER KOLFLA T: Yes. MR. MULHERE: Yeah. COMMISSIONER KOLFLA T: You show on the plan, and I can't quite read that, but you show on the plan C commercial in the amount of 14.6 acres. MR. MULHERE: I'll see if! can find that reference that you're talking about. COMMISSIONER KOLFLA T: It shows various parcels, C, FPL, P for preserve and ROW. MR. MULHERE: Oh, you're talking about the table. COMMISSIONER KOLFLA T: Yes. MR. MULHERE: Thank you. Okay. COMMISSIONER KOLFLA T: And under that you list four parcels, the commercial, the FPL easement, the preserve and right-of-way. MR. MULHERE: Yes. COMMISSIONER KOLFLA T: And the values there are for the commercial, 14.64; for easement, 2.45; preserve, 1.63; and the right-of-way, 1.5. Now, I assume that the three there, FPL easement, preserve and right-of-way, are all open space. MR. MULHERE: They are. They could be counted towards open space. Certainly the preserve would be. Not the right -- well, the right-of-way is not counted toward your open space. In other words, you're dedicating that for public right-of-way, so you don't have to include that acreage when you calculate your required open space. COMMISSIONER KOLFLA T: But the FPL easement in the preserve would be? MR. MULHERE: Depends on how it's going to be developed. There are improvements that could be made within that preserve, and if certain improvements are made it might or might not count towards __ COMMISSIONER KOLFLA T: Let's assume there are no preserves and they would be classed as open space. MR. MULHERE: Well, for example, there is going to be a roadway potentially running through there at some point. COMMISSIONER KOLFLA T: If I take those values and total them up, it comes to 20.22. And if I take those last three, assuming that they were all open space, the right-of-way, preserve and easement, that comes up with 5.58. And that divided by the 20.22 is 27 percent, it's not 30 percent. MR. MULHERE: Yeah, but you haven't included all the buffers and stormwater management lakes and all the other things that will count as open space that you don't see in detail in the water management plan -- COMMISSIONER KOLFLA T: That would be included in commercial? MR. MULHERE: Yes, it would be included in commercial or -- yeah. COMMISSIONER KOLFLA T: Will that be more extracted out of __ MR. MULHERE: Oh, there will be. There will be. CHAIRMAN STRAIN: Bob, when you respond, would you slow on down on how quickly you respond? This is getting a little bit over the top. MR. MULHERE: Okay, I will. Thank you. Mr. KolfIat, the open space calculations don't really entirely reveal themselves until you've done a much more detailed site plan. And at that point you know the exact acreage of, for example, perimeter building landscaping. Perimeter landscaping. Those buffers, those things all count towards open space as well, as well as landscaping within parking areas. Page 20 16 I -' A ~ becember 2-( 2006 So I can't give you a ballpark percentage, but, you know, you're talking about several acres of additional open space that isn't included. We know what we have to meet to meet the code. COMMISSIONER KOLFLA T: So you will commit to the 30 percent and then take whatever has to be taken out of commercial whatever other direction you use on that. MR. MULHERE: Correct. Yes, sir. COMMISSIONER KOLFLA T: Okay, thank you very much. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: Just a quick point here. In your original ordinance under 2.9, open space requirements, it does say the total project is 18.15 acres. However, the staff report today and the master plan attached today are 20.23 acres. MR. MULHERE: Correct. COMMISSIONER CARON: Okay. MR. MULHERE: Correct. That is the correct. The 20.23 acres is the correct PUD size. COMMISSIONER CARON: Okay. So you'll make that correction as well. MR. MULHERE: Well, it is correct in the clean copy. COMMISSIONER CARON: It is? Okay. All right. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Good morning, Bob. I'm going by the strike-through version. On Page 7 of 18, under item two, all ofthose items, it says site filling exceeding 25 acres. None of that would be applicable. So that on the clean copy should be gone, right? MR. MULHERE: Well, it's not struck through and I don't think it is gone. I think it was just left in place. But, yeah, it was. COMMISSIONER MURRAY: It's a 23-acre property, right? MR. MULHERE: Yes. This is -- let me just read through it for a minute, and then I'll -- COMMISSIONER MURRAY: Surely. MR. MULHERE: I think that's standard language again out of the LDC. At least that first paragraph is. COMMISSIONER MURRAY: Okay. MR. MULHERE: It looks to me like it's pretty standard language out ofthe LDC that wasn't struck through. COMMISSIONER MURRAY: That's true under D, the permittee shall post a surety bond or an irrevocable standby letter in the amount of 110 percent of certified cost. That tends to bind you up a little bit, wouldn't it? MR. MULHERE: That's if you do that. COMMISSIONER MURRAY: If they're complying. MR. MULHERE: Yes, if you do that. COMMISSIONER MURRAY: Okay, that's fine. The next one is on Page 10 of 18, and I'm again looking at the cross-out version, but I've seen -- there are a number of things in here, I'm just wondering why you continue to include them, such as number 14, funeral service, crematories. Number 15 -- am I not talking? I apologize. Okay. My bad, as they say. Under item 14, funeral service and crematories; 15, gasoline service stations; number three, automotive repair. On the following page you have number 24 and number 26. You intend to put motion picture in there? MR. MULHERE: I'm going to have to defer the responses to those questions to Sembler. COMMISSIONER MURRAY: You're proposing to increase the amount of office structures. MR. MULHERE: Right. I just can't answer those questions. The -- a lot of these things were simply not touched because they were in the original PUD, and there really was no direction to remove anything. Page 21 r- -iecember 21, 2006 COMMISSIONER MURRAY: Then it was this way and today it's more this way. And I guess we're trying to get to that way. So maybe somebody could answer that. MR. MULHERE: I don't know if Mr. Filippelli was here when you swore in. CHAIRMAN STRAIN: Before we go any further, let me suggest something. And I know, Bob, you're going to have -- if you have specific issues about uses that they mayor may not need anymore because of what they presented today, the BCC, in remanding this back through the system, did so to clarify it, to make sure it meant the references to the LDC were cleaned up. And this whole pattern of this particular PUD does not meet the style of the new PUDs coming through. It is full of redundant language, some of which now has been cleaned you, some of which has been chosen not to be cleaned up. Some sentences have been chosen to be not shown as strike-throughs, some sentences were shown as not only strike-throughs but then underlines. I don't believe that this is cleaned up. I don't believe it meets the intent of the Board of County Commissioners. I don't believe it's proper to go forward with a document that we don't know today what it is we're going to be voting on as far as the final language goes. And for my satisfaction, I don't think you could clear it up today. Plus I know the DCA is not worked out. That the various bullet points, working bullets points from here that staff is -- transportation staff has worked on are now inclusive in the DCA copy that we received. So I'm suggesting that this be considered as a continuance to a time when this documentation is better prepared, cleaned up and summarized to us in a manner that we can understand what it is we're voting on. COMMISSIONER MURRAY: Mr. Chairman, I would tend to agree with you. But I did have one more question, that if that's going to happen, I would hope they would look at this issue, if it's appropriate. And then I would make a motion, actually. CHAIRMAN STRAIN: Well, we haven't closed the public hearing-- COMMISSIONER MURRAY: That's true. CHAIRMAN STRAIN: -- I keep that on the table for discussion. But Mr. Murray, if you want to go ahead with your-- COMMISSIONER MURRAY: Ijust -- there are a couple of things. And one in particular about the buffer, that I'm trying to find the page here. Okay, on Page 18 of 18. It struck me that we're going to have an FP&L road potentially, and I did note that at the point of the road -- and I know around the property line we're talking about buffers, a couple of which are A buffers, which I think are observed. But about the FP &L road, where I know that bit of soil runs through there is pretty messy and so forth. I'm just wondering, was any consideration given to putting any kind of buffer along the potential roadway or along the easement there that FP&L has so as to make your property look attractive? MR. MULHERE: I don't think there's been any decision or any extensive thought given to it until we -- obviously we have to permit that. We do have to provide some sort of at least a drainage swale. There's going to be some water runoff from that. And I think the county will probably dictate what type of plantings we need. I'm sure the client wants to do it the right way. COMMISSIONER MURRAY: I would think so to. And all I'm really attempting to do is bring it to your attention in case it might have been overlooked that in itself! think is useful to put buffers in there. And with that, I'll return to the chair, based on his statement, which I concur with. CHAIRMAN STRAIN: Mr. Mulhere. MR. MULHERE: Come on, Bruce. CHAIRMAN STRAIN: Or Bruce. We can -- I can turn to the county attomey and ask what options we have to force a continuance based on the fact that we have not got clear information in front of us. I can ask for consensus from the board to see if they all agree. I can go to any route you want. What do you suggest? 1( Page 22 " 161 1 c.t>lmbJ21 , 2006 And I'm not trying to point the finger at anybody for doing wrong. We just don't have the data I see in front of me as consistent with what's being discussed. We can go on and continue this for hours on end. It may take that long to get through it. So what is your preference? MR. ANDERSON: Well, let me make a more general comment, not directed specifically to this PUD. And that is we need to do one way or the other. We need to either adopt these ordinances as strike-through and underline, which is really, truly legally how they ought to be done, or these clean versions that we are insistent upon filing. And for better or worse, what we're all struck with today is the clean version. And the strike-through and underline version is provided hopefully to assist in the review, but it is not the official document. CHAIRMAN STRAIN: Well, Bruce, one point comes to light right there is the strike-through version that we're looking at is not a strike-through version, and that's been proven by extreme examples provided today. So that's a little concerning that we don't have a strike-through version that is even reflective of the original document. In reviewing historic documents on other PUDs, it is common to find on the record as recorded documents the strike-through version. Just as you said, that provides a history to anybody like myself going back and wanting to understand how things changed. I don't know if we're legally obligated to record a clean version or a strike-through version. Margie? MS. STUDENT-STIRLING: I can just address that. The way legislation is done, it was strike-through and underline. But many years ago it was -- I guess it was probably 15 years ago now, where it was decided to do the PUD to PUD rezone, and you repealed the old document and you re-adopt a clean document. Now, the other option is to do the strike-through and underline with ouly repealing it to the extent that it's consistent __ in other words, what's not stricken through and underlined remains in place and then you do a strike-through and underline part ofthe PUD like we've done on Pelican Bay, and Lely Barefoot Beach comes to mind where there are really old PUDs. The thing about that is when you want to read the document to see what the ordinance currently says, you've got a stack of ordinances like this. Pelican Bay is the best example. There must be, oh, I don't know, ten ordinances. And you start at the bottom and then you look to see what was stricken through in the next one, then you have them on top of that like that. So that was why it was thought that you repeal the old PUD and you re-adopt a new one that's clean. And the strike-through and underline is provided so you can understand how the changes took place from the old PUD that is still in effect to what is happening in the new. But it makes it a lot easier, because every time I have to look at the Pelican Bay PUD, I know I'm going to have to look through -- and I'm just throwing out a number -- but maybe ten documents with the strike-throughs and underlines to try and figure out what it says. CHAIRMAN STRAIN: Is there an ordinance that requires a clean version be recorded, or is that a policy -- MS. STUDENT -STIRLING: No, that's been a matter of practice for, I would say, the last 15, maybe 16 years. CHAIRMAN STRAIN: So this board could recommend either way they wanted? MS. STUDENT-STIRLING: That's correct. CHAIRMAN STRAIN: Okay. What's the feeling on this particular panel? COMMISSIONER KOLFLA T: I think your suggestion of continuing it is very good. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I could go either way. Page 23 16 ; 1.' ,7) December 21, 2006 CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: I feel that I understand what they're trying to say. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I think it should be continued. And I would opt for a strike-through and underline version myself. But that's just because I like to be able to see the history. COMMISSIONER ADELSTEIN: I do too. COMMISSIONER MURRAY: Yes, continue it. CHAIRMAN STRAIN: Mr. Adelstein said he thought it should be continued. Mr. Murray did too. Mr. Tuff? COMMISSIONER TUFF: I'm comfortable moving forward. CHAIRMAN STRAIN: Well, it's about a split board then. What would you guys like to do then, Mr. Mulhere, Mr. Anderson? MR. BELLOWS: For the record, Ray Bellows. I would recommend, based on conversations with Mr. Anderson, that this item be continued to the very next planning commission meeting. Therefore, they can retain their BCC hearing date. CHAIRMAN STRAIN: I have no problem with that. We have a light hearing on the 4th, so that would work well. I appreciate your cooperation. Is there a motion to accept the request for continuance? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Second by Mr. Murray. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Before we -- we are continuing this, but if there's any member of the public -- are there any registered, Ray? MR. BELLOWS: No one is registered. CHAIRMAN STRAIN: Because if any member of the public was here we'd at least hear them if they couldn't be here on the 4th. So with that, this matter will be continued to January 4th. And I appreciate your cooperation. And please, between staff and the applicant, get us clean -- get us strike-through documents that reflect the original one. I think that the intent of this board is probably going to go with the strike-through version. So I think that would be the safe one to utilize. Mr. Murray? COMMISSIONER MURRAY: I'd remind, that please, if it's not too much ofa burden at the bottom of the sheet, revised date show which one we're talking about, so that we know. CHAIRMAN STRAIN: As far as the DCA goes, I'm sure this will provide -- transportation will be able to get us a DCA that both of you agree on, or at least have the working points in that need to be in there. Thank you very much. Page 24 16 rl':~Jk 1: &~em1!er 21,2006 MR. ANDERSON: Thank you. CHAIRMAN STRAIN: Appreciate it. Item #8B PETITION: PUDZ-A-2004 -AR-64717 Okay, with that, we'll move on to the next petition, petition PUDZ-A-2004-AR-6417. This is the Ronald Benderson et ai, Trustee, rezone 1-75/ Alligator Alley from PUD to Commercial Planned Unit Development, CPUD. Will all those wishing to testify on this matter please rise and be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: Are there any disclosures on the part of the planning commission? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: I met with Mr. Anderson regarding this matter. I had a chat with him. CHAIRMAN STRAIN: I had a conversation with Mr. Anderson as well. It centered mostly around the traffic issues, which will certainly be discussed today. For the benefit of the applicant and staff, we will be breaking at 10:00 sharp for the court reporter and for Kady, so don't be surprised if! stop you in midstream at something and we take a IS-minute break. Okay. MR. DUANE: Morning. For the record, my name is Robert Duane, from Hole Montes and Associates. Good morning, Commissioners. I'm here representing a project that's located on the north side of Davis Boulevard, the 1-75/ Alligator Alley PUD. I have with me a number of individuals this morning. I have Bruce Anderson from Roetzel and Andress, I have Rob Price from the TR Transportation Group. I have Richard Reed from Kimley Horn. I have Ken Passarella from Ken Passarella and Associates. And I have Terry Cole from Hole-Montes and Associates. Mr. Chairman, my presentation is actually going to have three parts to it. I'm going to give a brief overview. Mr. Anderson is going to follow me, and Mr. Passarella is going to follow Bruce Anderson. And if we can just, for continuity sake, it's a relatively short presentation, if we can run through it first and then address questions when we're completed, I would appreciate that very much. CHAIRMAN STRAIN: We will try to work that way. MR. DUANE: Thank you very much. The subject property, you can see the aerial photograph there. It's 40.88 acres on the north side of Davis Boulevard. It also has frontage on 951, and you can see 1-75 that's located to the north. You can see the CPUD master plan that is located adjacent to it. Subject property has been zoned for commercial PUD since 1989 when it was first designated in the activity center. While there are a number of changes I'm going to go over in this PUD with you, let me just highlight the principal changes that are before you this moming. Weare reducing the size of the conservation area from 15 acres to approximately 11 acres. That change was unanimously approved by the EAC when it went before them sometime ago, which was actually last year. We're increasing the size of the commercial area by approximately 3.6 acres, from approximately 26 to approximately 29 acres. We're deleting residential uses from the PUD, and we're also deleting any provisions for any future hotels or motels. Page 25 ,,-...-.-.---.....-..-'.,.---".-..--...---- 5 December 21, 2006 There is, however, an existing hotel that's located in this project, as you can see on the aerial photo, and that is a Quality Inn, I believe. There are also two fast food restaurants on the Davis Boulevard Road frontage. We've also made some changes from the old PUD. We've revised the intemal circulation system. I have a copy of that PUD I can put on the visualizer if we need to look at that in any detail later on in our presentation. The westerly-most entrance on our CPUD master plan is shifted over approximately 50 feet from the access that was originally depicted on the 1989 master plan. That was just to provide a little more utility for the comer lot. And we also have shared access with the Naples Gateway PUD, which is located to the west of the subject property. In the current PUD ordinance, there are no limitations on square footage. I'm talking about the one that was adopted in 1989. We are proposing 265,000 square feet of floor area in this PUD, which translates to approximately 9,000 square feet per acre, which is a relatively typical yield for a larger commercial parcel of this size. The developer has obtained adequate public facilities certificates for 130,000 square feet of the 265,000 square feet proposed. And in fact we are transferring an additional 15,000 square feet of certificates from Davis Crossings, which is another Benderson project which is located on the south side of Davis Boulevard. So to that end, there's a minor revision that I'm proposing in section 5.2.H of our PUD ordinance that currently identifies that certificates have been issued for 130,000 square feet. And I would like that section to reflect our change to 145,000 square feet of certificates that are available, for a total proposed allotment of 265,000 square feet. We have also included a provision in the PUD ordinance that we are willing to accept one acre of storage from Davis Boulevard in our water retention system, should the FDOT need an area to store additional water. In the event that the FDOT is not interested in storing that water in our system, we have agreed to accept water from 951 in the amount of one acre of storage area. So those are some benefits that this particular project brings to the table. We have been to the planning commission on this case twice, once in November of 2005 and then we were back again in January of2006. As chance would have it, the FDOT took the widening of Davis Boulevard out of the work program and that resulted in a lengthy discussion as to how this project would be phased and how it would go forward. Our proposed phasing right now is based on the -- it's based on the end of -- or by January of2009 is when we're proposing that the balance of our square footage, that's the difference between the 265 and the 145, go forward. At our planning commission last January, since we have some new members, there was discussion on a range of issues, most of which of those -- most of which of those changes have been incorporated into the PUD document. I believe Mr. Chairman that you had a concern about gasoline service stations. We have now taken that out as a principal use and we made it as an accessory use, as often wholesalers would like to provide this type of service to their customers. And we think by doing so, it will actually result in some reduction of traffic by those people not having to go elsewhere to get gasoline. We've made some clarification in the document about the language that provides the density for the existing motel. It's been clarified in the ordinance. We had some discussion about the height. And we have also clarified that to note that it's a maximum of 50 feet, and we've deleted references to five stories. We had a lengthy discussion at our last meeting, Mr. Schiffer and I engaged each other, as to how we should address architectural standards in this project as a result of that, and concems that he had. The primary facade now on the north, south and east sides of the building will be primary facades to enhance its aesthetics from 1-75 amongst from other locations. We've incorporated a deviation into this PUD that was not in the last review. The two existing ^ .,' , Page 26 16 J 1 A De?:mber 21,2006 restaurants constructed with 10- foot buffers. The interchange activity center number nine requires 25- foot buffers right now, but those two developments preceded that requirement and frankly don't have sufficient area without making other changes to their development. So we merely called that out as a deviation in an abundance of caution. There has also been some changes in the number of acres that are available in this activity center. When it was before you last January, there were 22 acres. There's a cap in this particular activity center, like there are in other centers, of the number of square feet. That 22 acres has dwindled down to eight acres, according to your growth management department, in my discussion with them in recent weeks. But that is sufficient for us to accommodate the 3.6 acres of additional commercial area that we're requesting. Mr. Chairman, you also had concerns about auto repair and car washes at our hearing last January. And we've designated those as accessory uses in the CPUD ordinance. And that ends my overview of the project. I will turn this over now to Mr. Anderson, who is going to highlight some of the efforts that have been ongoing to prepare this and other DCA agreements to try to provide funding for the widening of Davis Boulevard. Thank you. MR. ANDERSON: I'll be brief so we can break in four minutes. CHAIRMAN STRAIN: Three-and-a-half. MR. ANDERSON: Thank you. For the record, Bruce Anderson with the Roetzel and Andress law firm. I just wanted to point out a few things that Benderson has done to try to help solve and move forward the Davis Boulevard widening. Number one, at the request of transportation staff, they funded an area-wide study that was prepared by Kimley Horn and done in concert with county staff to address improvements both on Davis Boulevard and County Road 951. They are also advancing payment of all of their impact fees for roads to put up some upfront money that the county in tum will be loaning to FDOT to expedite the Davis Boulevard widening. And those provisions have been incorporated into the draft developer contribution agreement. And as Mr. Duane told you, they are accepting stormwater from one acre of right-of-way from either Davis or County Road 951. And I have nothing else to elaborate on. And the rest ofthe team will be happy to answer your questions. I don't know that we have any other formal presentations, after you get back from your break. CHAIRMAN STRAIN: There was one environmental issue. Were you going to have Mr. Passarella make a presentation, as Bob Duane indicated earlier? MR. ANDERSON: He can do that, or he can answer specific questions. CHAIRMAN STRAIN: It's up to you, then. Why don't we take a break till 10: 15 and we'll resume at 10: 15 with that. Thank you. (A recess was taken.) CHAIRMAN STRAIN: Okay, we're back on. We left off with presentations by the applicant. If there are no further discussions by the applicant, we can go into our questions of the applicant at this point. Bob, is that consistent with what you had in mind? MR. DUANE: Yes, sir. CHAIRMAN STRAIN: Okay. Questions from the planning commissioners. Mr. Schiffer? COMMISSIONER SCHIFFER: Bob, and it's over that architectural standard. I think it's good what you're doing, but I just want to question that it's on page four six in the non-struck-through version of it. If you're having trouble finding it, I'll -- MR. DUANE: I have it. It is correct. It is four -- on page four six, and it's number E, the last one. COMMISSIONER SCHIFFER: And just the way it's worded, it says the anchor tenant shall be required. I'm not sure what an anchor tenant is, who the anchor tenant is, where the anchor tenant is. Page 27 16Jli~ S December 21, 2006 MR. DUANE: I was thinking, do you have a substitution that you'd like to make? COMMISSIONER SCHIFFER: I really don't, because I don't want to do something where, if the buildings are separated, that we're providing primary facades and a little alleyway either. Otherwise, I would say all-- you know, north, south and east facades. I would rather say that than waste words. MR. DUANE: We're fairly certain that we're going to build something very close to what we're depicting on the PUD master plan. As you can see, it details one relatively large principal structure. And then we've got the outparcels along Davis Boulevard. COMMISSIONER SCHIFFER: Then -- and the way that's colored, is the intent to build the darker section first and then the lighter section later, or is there any coloring representing anything? MR. DUANE: I think that's correct. COMMISSIONER SCHIFFER: So it would not be -- unless they don't build the second phase, there's no sense taking the northem phase ofthat dark sepia color and make that a primary facade. So how do we make sure the -- well, first of all, if you're not going to build the second phase, then that should be the primary facade. Once you build that second building, it was a waste of money to do that. MR. DUANE: I'm amenable to -- anchor came to mind because that was going to be the principal focus of our center. Principal. Do you have any suggestions, Commissioner? COMMISSIONER SCHIFFER: Well, we could say all buildings. But if in fact those two phases happen rather quickly, there was a waste of making one of those facades. MR. DUANE: But the outparcels don't need to have facades on three sides. That's why I was trying to make a distinction between the structures fronting on Davis Boulevard and the quote, unquote anchor tenant that's going to be the focus of the planned unit development. COMMISSIONER SCHIFFER: There is requirements for it in the architectural standards, but-- what if we said the principal building, you use that phrases in other areas here. MR. DUANE: Principal building is fine. COMMISSIONER MURRAY: Could I just? CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Could I just interject, may be appropriate, may be not, the northernmost building as opposed to the principal building. Because I agree with what you've said. What you've indicated is true, they will have wasted a lot of money if they don't __ COMMISSIONER SCHIFFER: But Bob, the other facades, that's only really true of the north facade. We certainly want all these facades, and we certainly want all south facades. COMMISSIONER MURRAY: No, I was referencing the northernmost buildings. In other words, that would give them the opportunity, if they plan to have a structure later on, that would be the one that would have the facades. That's okay, I don't -- COMMISSIONER SCHIFFER: Yeah, but I want the rest of the building, especially on the east and south, to have facades. So if we just change it to the principal building shall be, would that isolate it okay? MR. DUANE: That's fine. Thank you, sir. COMMISSIONER SCHIFFER: Thank you, Don. CHAIRMAN STRAIN: Okay, Mr. Kolflat. COMMISSIONER KOLFLAT: I have a copy of the underline and strike-through version I'd like to refer to. And there's no page number on it, but it's -- transportation is the subject. MR. DUANE: Okay. COMMISSIONER KOLFLAT: Transportation is 5.2, transportation requirements. Page 28 ,1"- 16/1 ~ece~er 21, 2006 MR. DUANE: Yes, sir. COMMISSIONER KOLFLAT: And then on the next page under D, as in David, it says the adjacent development to the west has been designed to provide shared access or interconnections with this development. Can you indicate on the chart there where those access and interconnections are located? MR. DUANE: Right here. COMMISSIONER KOLFLAT: There's just one? MR. DUANE: Yes, sir. COMMISSIONER KOLFLA T: Okay. On the next page under utility requirements, 5.3.B, as in Baker, we talk about wellfields to be developed. When will this occur as far as the wellfields? MR. DUANE: That will occur at the time of our first development order submittal. COMMISSIONER KOLFLA T: But I mean, is there any plan for wellfields to be actually installed there or are we just -- MR. DUANE: Well, we're providing the easement areas for them as well-- COMMISSIONER KOLFLAT: You're providing the easement for any time in the future they might want to put it there themselves -- MR. DUANE: That's correct. COMMISSIONER KOLFLA T: Thank you. Then a small typo on the next page, which is under D, 5.5.D. I think in that second line, for should be stricken out. MR. DUANE: I'm sorry, that would be section 5.5.D? COMMISSIONER KOLFLA T: D as in David. MR. DUANE: Okay. And the -- COMMISSIONER KOLFLAT: Second line, there's a for, F-O-R. I think that should be stricken out. MR. DUANE: You're correct. Thank you. Nice catch. COMMISSIONER KOLFLA T: Then the traffic impact statement, I had a question on that. CHAIRMAN STRAIN: Mr. Kolflat, before we move into the TIS, I'm assuming you have your traffic engineer here, Bob? MR. DUANE: Yes, I have two of them here. CHAIRMAN STRAIN: Why don't we hold off on the TIS questions until we get to that document. Would that be okay? COMMISSIONER KOLFLA T: Absolutely. CHAIRMAN STRAIN: Okay. Any other questions on the PUD document for the applicant? COMMISSIONER KOLFLA T: No. CHAIRMAN STRAIN: Anybody else? Okay, I have a couple. On page one-one, section one, statement of compliance. This is different. We have six -- five, I'm sorry, five different PUD-type documents in front of us today. Their statements of compliances are all fairly consistent except for yours. Yours has the ambiguous and superfluous language that I'm sure Mr. Anderson slid in there. Something like the subject tract is strategically located which affords the site superior access. Those are ambiguous terms that I don't see a need for in the statement of compliance. And they aren't in any of the other PUDs that I've seen come through. MR. DUANE: Well, this goes back to 1989. It was obviously adopted by the planning commission at that time by the Board of County Commissioners. I don't have any objection if you want to take that out. It's in the ordinance currently today. CHAIRMAN STRAIN: Well, item number --let's go to the first page. The second one, activity centers are the preferred locations for the concentration of commercial activities, which this project Page 29 1 6 11' fA" : December 21, 2006 complements. I don't know if it complements it. I know it meets it. So why don't we drop after the word activities. Activities centers are preferred for commercial, we know that. Number three, why don't we just take the word strategically out. The subject tract is located at the intersection. It's more factual that way. Which affords the site, instead of superior access, just drop the word superior, just access. MR. DUANE: Okay. CHAIRMAN STRAIN: Move down to number eight. Proposed development will result in an efficient and economical extension of community facilities. Well, I certainly would think a lot of people might decide that isn't true. And that should be reworded or just struck completely. I'm not sure why you need it there. MR. DUANE: Well, I mean, that is an objective of the future land use element. We're upfronting almost $7 million to contribute from our DCA agreements the efficient and economical extension of that service to the county by funding the extension of Davis Boulevard. But I'm open to any suggested language change that you may want to make. CHAIRMAN STRAIN: Just drop the words efficient and economical out. I'm not sure the price we're paying for roads, even if you're funding it, is economical. As far as community facilities -- MR. DUANE: I think those words are right out of our future land use element. CHAIRMAN STRAIN: And that's fine. But I'm not -- if you're going to repeat it in yours, then why hasn't anybody else repeated it in theirs? And I can't see the need for ambiguous statements in any of our documents. So if you don't have an objection to it, then why don't we just drop the __ MR. DUANE: No, we can strike those two words out of the objective of Policy 5.3. CHAIRMAN STRAIN: Thank you. If you move on to number 10, the last sentence, why don't we just say therefore the proposed CPUD can be found consistent with revisions of the FLUE, period. Your last part of that sentence provides only one reason why you think that's true. I think you really want to be more encompassing if you're going to say anything at all. MR. DUANE: Well, within the context of the 8.35 acres available, it was just establishing that that minor increase in the acreage was consistent with the allocation that was available in activity number nine. But I'll be happy to strike it. CHAIRMAN STRAIN: Thank you. MR. DeRUNTZ: Could I have clarification on that, please? What were you striking? CHAIRMAN STRAIN: You have to identify yourself and use the speaker, Mr. DeRuntz. MR. DeRUNTZ: Michael DeRuntz, Principal Planner with the Department of Zoning, Land Development Review. Can I have a clarification of what was stricken on that number 1O? CHAIRMAN STRAIN: After the word -- after the acronym FLUE, everything. I have a few more questions that I'm turning to. On your 5.6, your affordable housing requirement, you referenced a commitment -- and I wouldn't have asked this question had it not been in your PUD, but now that it is, I need to understand why you chose 125,400 square feet as applicable to the commitment for affordable housing and not the whole 265,000. MR. ANDERSON: Mr. Strain, what section was that again, please? CHAIRMAN STRAIN: 5.6. It's on Page 5.3 of the strike-through version. MR. ANDERSON: I believe that 124,500 should be 130. It's a typographical error. And that 130 is based upon the amount of certificates of adequate public facility that have already been issued for this project. The affordable housing fee that would be paid is based upon the additional new square footage that Page 30 16 i 1 A !5 December 21, 2006 is being sought today. And I use the term additional square footage loosely, since there isn't a cap on the square footage today, but-- CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: Well, then I have a question. Because is it not actually 145? Because you are taking -- MR. ANDERSON: We don't have the 145 yet. Weare seeking that. COMMISSIONER CARON: Okay. I thought-- CHAIRMAN STRAIN: Why don't you strike the reference to any square footage and just leave it that it's 50 cents per gross leasable square foot for whatever square footage you develop? MR. ANDERSON: Yeah, because we're covered with the last sentence there in that. Yes, sir, thank you. CHAIRMAN STRAIN: Mike, are you making notes of these so that we haven't got to repeat all of thi? S. MR. DeRUNTZ: Sure. CHAIRMAN STRAIN: I missed one. Back on 5.2. Page 5-2, it would be Item 5.2.1, you're talking about whether or not you obtain your improvements, the roads are improved, you still would have a right to get a CO for all your square footage you want to put on that property no later than January 2009; is that correct? MR. DUANE: That's correct. CHAIRMAN STRAIN: So the phasing that you're suggesting is 145,000 now and no more until 2009? MR. DUANE: December 31,2009, rather than January I. CHAIRMAN STRAIN: Okay, but you're tying it to a date. MR. DUANE: Yes, sir. CHAIRMAN STRAIN: And I'm just letting you know that when transportation comes up here, I'm going to be looking to tie it to action, not date. We already learned that actions are problematic on the Target at 1-75 and Immokalee Road. And I don't know if two mistakes are worth making. You made a correction on 5.3.H, I think it was. The last sentence from 130,000 to 145. MR. DUANE: Correct. CHAIRMAN STRAIN: And you said the reason you made that was because you transferred COAs from one side of the street to another? MR. DUANE: Yes. Davis Crossings, we had additional adequate public facility certificates that we didn't use across the street. I've not been involved in those discussions with the transportation department, but my client and Mr. Anderson have both indicated to me the transferring of those certificates from one of Benderson's projects to another is apropos. These were the impact fee credits that they upfronted to the county several years ago before the ordinance changed and disallowed them to do that. But those certificates are still alive and well and we're just transferring them from one project to another. CHAIRMAN STRAIN: I'm sure that we'll have a debate with transportation when they come up on that one. Mr. Adelstein, did you want to speak? COMMISSIONER ADELSTEIN: Yes, I do. This idea of January, 2009 COs, as far as I could see, if you wanted to use them we end up with a parking lot there in the first place. I would recommend to this that you delete that date and to the date when the idea comes up when you get your six lanes in. Otherwise this is just a threat. I don't think it should there, and I don't think you would want it there. MR. DUANE: I understand we'll have a debate on this shortly. COMMISSIONER ADELSTEIN: A debate on it is something we've got to get rid of-- Page 31 '"<-"-".<""..--..'''---.'''--..- 1611~ 7' I December 21,2006 MR. DUANE: Discussion. COMMISSIONER ADELSTEIN: -- and get rid of now. It's not something that's going to do us any good. Because no matter what the threat is, it isn't going to happen, it can't happen. We don't need a parking lot, we need a road. And the answer to this is it should be as soon as possible. We should get the six lanes as soon as possible, but don't put a threat in here, it isn't needed. MR. DUANE: I understand. It wasn't intended to -- go ahead, Mr. Anderson. MR. ANDERSON: Before we go further, I'd like for county transportation to address the date Issue. CHAIRMAN STRAIN: I would like to finish my questioning first, then I would like to have your TIS guy up here to answer questions of us, then I would like to get county transportation up. Bob, on the staff supplied information, they said that the agent for the applicant held the required NIM on June 16th, 2005; is that correct? MR. DUANE: It was in the sununertime, and the exact date I cannot tell you. CHAIRMAN STRAIN: I believe we have a-- MR. DUANE: It was a long time ago. This project has been in the pipeline for the better part of two years now. CHAIRMAN STRAIN: I believe we have a provision about the NIM being within one year of the hearing date of this board. I'm not clear on the language from that. Can you tell me -- can someone from staff tell me how that applies here, if it does? MR. BELLOWS: For the record, there's no language in the LDC pertaining to this requirement. Weare currently working with the LDC coordinator to put that language in the next cycle. CHAIRMAN STRAIN: So under that then there is no obligation for the applicant to have any NIM other than the first one they had? MR. BELLOWS: They fulfilled their requirement per code. CHAIRMAN STRAIN: With that, we'll move on to the TIS, unless there's other questions of the panel of the applicant so far. (No response.) CHAIRMAN STRAIN: Okay. MR. PRICE: For the record, my name is Robert Price, with TR Transportation. CHAIRMAN STRAIN: You want to just answer questions? MR. PRICE: Sure. CHAIRMAN STRAIN: Anybody from the commission? Mr. Kolflat. COMMISSIONER KOLFLAT: On Page 3 of your traffic impact statement, down at the bottom, it says the six-laning of Davis Boulevard from Collier Boulevard to west of Radio Road was funded for fiscal year 2008. That does not include the little stretch of Davis Boulevard from Radio Road to Collier Boulevard? MR. PRICE: It was at that time funded. Unfortunately, right between when we did this TIS when we came back to the planning commission in January, the state pulled their funding from that section of Davis, which is the entire reason why we've been going through this DCA and trying to help the county upfront the funding for Davis Boulevard. COMMISSIONER KOLFLA T: So it's not funded now; is that right? MR. PRICE: That's correct, it's not funded now. COMMISSIONER KOLFLAT: On Page 3 of the statement, down at the bottom ofthe page, you talk about the year 2008, that the 130,000 square feet of commercial floor area proposed in Phase I would be completed by this time. How accurate is that prediction? MR. PRICE: I would say at this point it's not very accurate. Page 32 161'1 'J\ ~~c~ber 21, 2006 COMMISSIONER KOLFLAT: Well, should we say it's not accurate at all, not even be near it? MR. PRICE: It's not accurate at all. But please sir, keep in mind this TIS is a year old. And we've been __ in the meantime, our other consultant has been working with the county developing an areawide analysis that would account for this project and other projects in this vicinity as part of the DCA. CHAIRMAN STRAIN: You did provide a technical memorandum updating points within your TIS dated December 8th, 2006. Is that -- that was in our packet, if that helps, Tor. If you saw that as well? COMMISSIONER KOLFLA T: That's all the questions I had, Mark. CHAIRMAN STRAIN: Okay. Any other questions on the traffic from the TIS before we get into county staff? I have a couple, and it goes back to this technical memorandum. Maybe it wasn't you, maybe it was Kimley Hom. And that's you, huh? MR. REED: Yes. Good morning. My name is Rick Reed with Kimley Hom and Associates. I prepared the technical memorandum that you referred to. CHAIRMAN STRAIN: Okay. Thank you. Page 2 of your memorandum, last paragraph. In addition to the traffic associated with a major approved development, existing 2006 peak season volumes were adjusted by a four percent annual linear growth rate. MR. REED: It was based upon discussions with county staff. I believe over the past five years there has been a five percent growth rate along 951. So we just reduced it by one percent and included traffic from 10 developments in the area, which would more than take care of the historical traffic growth rate. CHAIRMAN STRAIN: Who on county staff were you discussing this with? MR. REED: Nick and Don. They've been involved in the discussions. CHAIRMAN STRAIN: I hope Nick's available for the EAR meeting on January 4th when we discuss population statistics. It's a far cry different than what we've been told in the past. On Page 4 of 5, you talk about that all intersections, and it's your second paragraph, all intersections are expected to operate an accepted level of service during the future 2009 p.m. peak hour. Is that assuming that the widening of Davis and everything is complete? MR. REED: That is correct. CHAIRMAN STRAIN: For this project, you use the 820 ITE code, shopping center. Or you didn't, Metro did, that you based your technical memorandum on. MR. REED: Correct. CHAIRMAN STRAIN: If you look at stand-alone retail, big box, which is what's now being proposed for this project, the ITE rate, how does it compare to an 820 rate? MR. REED: I believe generally if we use, say a supercenter or a big box, just generally the rate is higher. But at the time Metro did their study as well as we revised the technical memorandum, we didn't know what was proposed to being developed, and 820 was a catch-all for general retail, what could be developed. CHAIRMAN STRAIN: Right. We run into this all the time on this commission, and I was told, as this panel has been told by the transportation department, that you're supposed to be looking at the worst case scenario of the allowable uses that apply to your project. 820 then is not the worst case scenario, as you have just stated. You have something to say, sir? MR. PRICE: Yes, sir. Rob Price, TR Transportation. Actually, 820 is worst case scenario. You're not __ when you look at stand-alone -- I mean, this is clearly not stand-alone retail, this is a shopping center. It's got outparcels, it's got a main anchor tenant. So shopping center encompasses entire projects, not just one building. Stand-alone retail would be just one single building with no outparcels, no additional commercial development. Page 33 c!b V'~ = A 2cember 21,2006 CHAIRMAN STRAIN: So if you had a big box with an outparcel, because the outparcel was there you ignore the impact of the big box and you classify it as a shopping center because it has an outparcel, that makes it qualified because there's two there. Well, that dilutes the impact of the big box severely. MR. PRICE: Actually, I mean, the big box is incorporated into the entire analysis. It's the way ITE does their surveys. CHAIRMAN STRAIN: Did you do the one for Home Depot on Pine Ridge and Airport Road? MR. PRICE: No, I did not. CHAIRMAN STRAIN: Okay. Because I'm now seeing how that one got through the system. That parking lot is similar to what you're proposing here. It's got outparcels up front and a big box behind it. The problem is it's impossible to get in and out, get through that parking lot and find parking spaces. There weren't enough area allowed. And you're heading in the same direction with this, by the way that it's being calculated. Yes, sir. MR. REED: What I'd like to add, in my experience, if we were to break them out into individual land uses, say the big box, drive-in bank, fast food and consider internal capture estimates between all those uses, that generally comes out to the same trip generation estimates as if you were to use 820 for the whole site. So it's not too far of a variance, but it is adequate to determine the traffic impacts of the site. CHAIRMAN STRAIN: I hope you're right. It would have been nice to see that as a comparison to what you presented here today. But I guess we don't have that. Let's see if! have any other questions of transportation before Nick comes up. Your trip pass-by reduction rate is 29.3 in the former Metro study. And I will be asking transportation, based on some recent language I've seen them put forward, if that's consistent with what they're now looking for in ITE. Do you know if it is? MR. PRICE: It's consistent with ITE, yes. But based on the new county TIS guidelines, we would have to reduce the pass-by. CHAIRMAN STRAIN: That's what I thought. Okay. MR. PRICE: Whether that's actually how the development will operate is up for -- you know, up for debate. CHAIRMAN STRAIN: In your study, the Metro study, you said that as part of your analysis, the six-Ianing of Davis Boulevard was not assumed complete until the year 2015. Are you revising that thinking? MR. PRICE: Yes, sir. CHAIRMAN STRAIN: Okay. And you're thinking it's going to be complete in '09; is that-- MR. PRICE: Based on -- CHAIRMAN STRAIN: I just -- I want to know -- you made the statement. So if your 2015 isn't right, you've got something that influenced you to think '09. MR. PRICE: Well, based on the statement that we did in the TIS a year ago, there's been some substantial conversations held with the county and the DCA. And it's my understanding it will be six-Ianed before 2015, more like '09. CHAIRMAN STRAIN: Well, the guy after you is going to have to answer that. But Ijust wanted to understand your point of view. Thank you, sir. Mr. Bob Duane, can I ask you one more question I missed earlier? MR. DUANE: Yes, sir. CHAIRMAN STRAIN: We've got -- we get multiple copies ofPUDs. I know we've already discussed that on the prior document. Yours wasn't as bad, thankfully. But you provided a letter on September 8, 2006 to Michael DeRuntz. And in it you talked about a series of things that you were modifying from the last time you were before us. And on Page 2, number 10, the phasing requirement struck through as section 7.2.R has been deleted in the phasing of this and other Page 34 16/1 ii~1 r; December 21, 2006'" properties and will be addressed in a DCA agreement. I tried -- MR. DUANE: At the request of county staff, we put it back into the transportation commitment section. And that was addressed in subsequent correspondence to the project planner. CHAIRMAN STRAIN: Well, that kind of explains where I was concerned with. Thank you. MR. DUANE: You're welcome. CHAIRMAN STRAIN: Yes, sir, Mr. Midney. Bob, just a minute. COMMISSIONER MIDNEY: Also for Bob. Can you just for me please summarize the new development contribution agreement to DCA and how that's going to make the traffic on Davis and Collier Boulevard acceptable? MR. DUANE: I'm going to -- I can answer it, but I'm going to let Mr. Anderson, since he specifically drafted the DCA, this and other agreements address it. MR. CASALANGUIDA: Okay, deep breath. For the record, Nick Casalanguida, Transportation. I've got a lot of explaining to do -- CHAIRMAN STRAIN: You've got to talk slow, too, Nick. MR. CASALANGUIDA: I will. She's got the boomerang and she's going to hit me if! talk too fast. CHAIRMAN STRAIN: I'm going to give her the ammunition. MR. CASALANGUIDA: You talk fast, too. Let me give you an update on Davis Boulevard where we're at right now. Maybe that's a good way to segue into some of your questions. DOT has offered up $20 million in advancement reimbursement in 2012, approximately to be paid back in five million increments at that time. The county would have to agree to fund the project in advance to qualify for that money, which we've done a letter of intent to DOT for that project. Now, where does that project begin and end? It's not from Santa Barbara all the way to 951. It would be from just west of Radio Road to 951, including the intersection. So it would be almost a phased Davis Boulevard project. Most of our problems on Davis Boulevard is on that first phase. So if things go well and we can do that, that would begin construction in Spring of'08. We would need about -- it's a fairly short project of that length, we would need two years to be conservative. Takes you back to the end of'09, where you've seen that date, December 31 st of '09. Now, critical to the Davis project is you need the right-of-way. DOT has told us if you are condemning any right-of-way along that corridor, forget it, it's not going to work. The condemnation process that FDOT goes through would delay this thing out way out. So now the only right-of-way we need -- I say we, collectively the county and DOT, but the county first __ would be the right-of-way on the south side ofthe road, which is controlled by Benderson Companies in one certain area. So we've approached the Benderson Corporation and said we need to work together. You have a PUD that you're going for an amendment for, we've got a roadway project that needs to be funded and included in the next couple of years. It's kind of one of those Catch-22. They need us, we need them. Now, I think neither one of us in proposed DCA points has tried to back either -- the other person in a corner. They could have asked for much more money for the property, they could have said no, we'll condemn it. They wanted approvals. They were already vested for 130,000 square feet. They're asking for 145 vested now, an additional 15,000. But they're asking for 265 total. They've agreed to wait for the 265 until the end of'09 when we anticipate that project will be done. Now, do I have a guarantee? No, sir, I do not. I cannot tell you defInitively that will be done then. It's our goal to be done by then. But I can tell you, if this falls apart, then I am way out again. That money will disappear and this project could languish for another five or 10 years. Page 35 < December 21, 2006 So there's a certain sense of comfort we went back and forth. We could have said for the balance of 135,000 square feet till the project is done. They weren't comfortable with that, and it was kind of, again, a yin-yang with that. We're trying to make them comfortable, and we need them and they need us. So that's where those dates kind of came into play. In reference to your IrE questions about land use 820, it's consistent in a shopping center that has other outparcels together to use 820. And when I did look at some of your questions you proposed from last time, when you do the trip reductions for intemal capture, it's taking into account in 820. Could it be offby five or 10 percent? It could. The analysis that Rob and Metro has done and Rick Reed has done for Kimley Hom is extensive and nauseatingly looked at. We looked at different growth factors. We've taken into account Santa Barbara Extension, the interchange at Golden Gate Parkway as a reduction. We didn't even do a straight reduction to that, I think we brought it into, I don't know what year it was, Rick. Did we do a straight reduction next year or did you include that in your analysis? By '09. A roughly 10 percent reduction in trips because of the interchange over there as well, too. So in kind of closing, it's fairly consistent with what we've done. We've done a lot of analysis. We need each other's project. It is a public private partnership. And they have worked with us and we've given a little and they've given a little. CHAIRMAN STRAIN: Other questions of transportation? (No response.) CHAIRMAN STRAIN: Okay, well, I think I have some. I think the one that hasn't been answered yet is the pass-by trip reduction rate of29.3 percent. It was provided in the very first go around back in January. It's in -- I think we just heard it's inconsistent with your new policy. MR. CASALANGUIDA: It is. CHAIRMAN STRAIN: How much of an impact does the changes to that have on the outcome of this project; do you know? MR. CASALANGUIDA: It would not cause that intersection here completed and fixed to fail, that additional trips. Now, l'l1 qualify that and answer your point, and bring it back to memory what happened in front of the board when we adopted the new TIS guidelines and procedures. We made an agreement in front of the board and the community that we would not implement those procedures with any application that had not gone through the preap. phase yet already, to be consistent with prior applications that were already going forward. So the board agreed with that statement and the development community felt that was fair. We also felt that was fair. These applications have been in the pipeline for over a year. To make them go back and redo the analysis because we changed the rules halfway through the board wasn't comfortable with that. CHAIRMAN STRAIN: As far as these transfer of 15,000 credits from the COA on the south side of the street to the north side, I am not recalling the provisions in the Land Development Code involving COA credits. Is there a provision in our ordinances that allows that to happen? Because I had always thought they go with the land and if you don't use them you lose them kind of thing. MR. CASALANGUIDA: I'm going to honestly have to defer to the county attorney. I made no provision to deal with transfer over those. They have asked me if! had a problem with that, and I said based on the agreements that we are doing, I don't. But I'm not a legal spokesman for the county. MS. STUDENT-STIRLING: Yes, and I'm going to have to double check the code on that, and I will. That's my understanding, it ran with the land, too. CHAIRMAN STRAIN: I would have brought this up earlier. I just heard about it today at this meeting, so it's kind of a surprise. They're talking about it now. MR. CASALANGUIDA: Commissioners, as a point of reference, I'll let the attorneys look that up 16f1 t. ~ ,,~~ Page 36 1611Ai r:: December 217'1006 to see if that's possible or reference that. That was something Bruce was trying to accommodate. CHAIRMAN STRAIN: We have other issues, so we might as well get into those. Can you tell me -- go ahead, I'm sorry. MR. ANDERSON: I'd like to address that, Mr. Strain. That's just a practical explanation that I have offered to you of what we're doing to demonstrate that it does not result in a net increase in vested traffic. That's all. It's just by way of explanation. Formally it's not going to be transferred across the street. They're just going to reduce the COA on the one parcel from 130 to 100, I believe. And they're seeking to get an additional 15 on the other side of the street. That's all. CHAIRMAN STRAIN: Okay. Well, then I guess I've got some concurrency management questions of traffic, transportation. Nick, I thought under the checkbook on currency method that people basically go on line, and the issue I'm thinking of is the Wal-Mart on 951 and 41. They made an improvement out there that gave them just slightly more than they needed to get their COso And I was understanding that the next people in line behind them would be the first ones to benefit from what little more was left before everyone was again shut down. If you have a hierarchy of people who have diligently waited in line, how do we control the fact that now they want to move 15,000 of what's already been issued across the street because they're not using it on the one side of the street. MR. CASALANGUlDA: I would recommend we're just not going to move the 15,000 and that's a moot point. CHAIRMAN STRAIN: Okay, but then in order for them to get the additional 15 on top of the 130 in COAs that they would like, how would they possibly do that? MR. CASALANGUIDA: Currently we're talking consistency and currency, so I'll address both. Consistency without Davis Boulevard -- Santa Barbara has just been bid and it's up for construction-- without fixes to 951, in five years your TCMA will probably fail. I can't tell you exactly, because I'll have to run that out for five years. But right now if we do concurrency, you have a TCMA that's intact. So they would do the 15 percent additional impact fees, do the TDM strategies, and they would have concurrency through the TCMA that is intact right now. CHAIRMAN STRAIN: So in essence they could keep the 30 on the south side and still get an additional 15 on the north side and still meet concurrency? MR. CASALANGUIDA: And still meet concurrency. CHAIRMAN STRAIN: Now this is at the intersection of Davis and 951? MR. CASALANGUIDA: No. Keep in mind, when they submit their STP there's operational issues that come up in the planning too, your new TIS guidelines. Now, while they would have concurrency, you could go back and say that intersection's failing. It's unsafe, that movement. We're going to stop you until it's fixed. CHAIRMAN STRAIN: The reason I'm concemed is we've already turned down projects along that portion of951 because of the failing level of service in that area, and I'm just surprised that-- MR. CASALANGUIDA: We've turned down zoning projects on that, correct. But, see, that's consistency, that means that five years I'm at such a point, and if! don't have it programmed, we're not going to zone you. But we haven't turned down some SDPs. Because currently under our adopted CIE that's in still in our plan. Not Davis, but 951. CHAIRMAN STRAIN: So their request for 145, which is a 159,000 increase, that they have not yet bought COAs for, even if they were to get that from this panel or other panels, they still aren't guaranteed at the time they go through that it's going to be available; is that correct? Page 37 !5 December 21, 2006 MR. CASALANGUIDA: If for concurrency there would be for the TCMA process because it's endowed. Through operational they would not if there was an issue that was a definite failing movement that was a health, safety problem, through the TIS guidelines and the board adopted, you could stop them. CHAIRMAN STRAIN: Okay. Ms. Caron? COMMISSIONER CARON: Explain to me why this isn't double dipping here. MR. CASALANGUIDA: Excuse me? COMMISSIONER CARON: Because you just said that they can take the extra 15 now, but then after it can go back to the other side of the street and they can use the-- MR. CASALANGUIDA: No, ma'am. They can't move the 15. I don't think they could move the 11:..11" UJ A 15. COMMISSIONER CARON: So if the 15 remains-- MR. CASALANGUIDA: To the south. COMMISSIONER CARON: To the south. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER CARON: But they build it to on north, then they're going to end up being able to build it to the south at some point. Why isn't that -- CHAIRMAN STRAIN: Nick, what I think you're trying to say is they have more -- there's more capacity on your books for that area, is that -- that would allow them to get 15,000 more square foot; is that right? MR. CASALANGUIDA: That's correct. It's new 15,000 feet. Actually, new 135,000 total, but new 15 they want to use now. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: You know, it's surprising. Our system, ifit was shown to be failed practically anywhere, it should be shown in that area. MR. CASALANGUIDA: It is. That roadway, that segment is failing. CHAIRMAN STRAIN: How can they get a new 15 OOO? MR. CASALANGUIDA: Well, it's zoning. So -- it's hard to -- it's consistency versus concurrency. So you want to -- MR. SCOTT: I'd like to answer a little bit different. CHAIRMAN STRAIN: That's Don Scott for the record. MR. SCOTT: For the end result, the concurrency side of it, can I guarantee anything at this point? No. I mean, obviously we're going to go forward with Davis, but obviously if Davis doesn't get funded you can't guarantee later on concurrency. And we're all tying this together with the DCA and everything else. But obviously the board's the final decision on whether we do that DCA. FDOT has a little say in this, too, because we need guarantees from them that we are getting our money back, that we're programming the rest of it, things like that. It's all very intertwined. But all the assumptions are is that we get this stuff done based on what we're doing here today. But obviously if we don't, then all those things are out the window. CHAIRMAN STRAIN: Has the DOT already blessed this action, what you're trying to do? Have they come to you and said, if you put this package together we'll go ahead and go for it? MR. SCOTT: Yeah, as Nick says, if we're not -- if -- we've had some things about pond sites, for instance. If we have to go through the eminent domain process to get the pond sites, then the years change, everything changes, everything is out the windows. We're working with them very closely. I'm making sure that we have a project that can be delivered with all the pieces that we're talking about here. Page 38 lb J"l A ~. December11, 2006 CHAIRMAN STRAIN: Don't you have other pieces besides this project and the one to the south controlled by the same applicant that you have to deal with? MR. SCOTT: Yes. CHAIRMAN STRAIN: Okay. So if this applicant were to get approved today but somehow one of the others failed the whole thing goes down the tubes but this applicant's approved. MR. CASALANGUIDA: There are two critical pieces to this Davis puzzle. This applicant right here, Piece A. Piece B is another applicant to the south who already has zoning. Those will be heard on the board the same day the zoning would be there as companion items. If Piece A and Piece B don't get approved, then I would say this would be an issue in front ofthe board. Those three would be tied together: That pond site, this right-of-way and this zoning will be on the board on the same hearing date. We've timed it together to the, I believe, second hearing of January to bring it to the board. CHAIRMAN STRAIN: Okay. Well, I'm glad to hear that. At least that's coordinated. Are there any other questions of transportation? I have just a couple more. You were fingered as the guy that said there was a four percent growth rate in that area. Can you explain how you got to that, why Mr. Weeks is wrong when he says there's 30 seasonal growth rate. MR. CASALANGUIDA: Thirty percent seasonal growth rate? Seasonal growth rate. CHAIRMAN STRAIN: I know. That says peak season. MR. CASALANGUIDA: Okay. I think he's talking about off season versus season as opposed to generally new traffic, so there's a difference. CHAIRMAN STRAIN: I know. I'm just being facetious-- MR. CASALANGUlDA: You're setting me up. CHAIRMAN STRAIN: Yeah. But I would like to know how you arrived at four percent. That is __ because I think the number that we used for linear growth rate was somewhere around II or 12 countywide. I'm not sure where your -- your traffic counts last year showed 5 percent as average,S .2. So how did you end up with four as an acceptable number? MR. CASALANGUIDA: We took three or four different road mix in the area. We also took into account the Santa Barbara extension that's coming down to Rattlesnake Hammock through that improvements to Santa Barbara as well. Not the extension, I'm sorry, the improvements that are funded right now. We also accounted for the interchange at Golden Gate Parkway. Now, as Rick pointed out, and it's true, we loaded up the improved developments on the side streets and plugged those in right away, plus the growth rate. So not only did we put a nominal growth rate of four percent, we turned down a lot of development that probably won't come on that quick at the same time. So again, we analyzed this ad nauseam. The difficult part is that around 2013 to 23015, assuming a very aggressive growth rate, those improvements start to fail as well too without the county doing different things. CHAIRMAN STRAIN: Okay, so the four percent rate that you've got here not only relies on the expansion of Davis Boulevard, it relies on the expansion of Santa Barbara and the completion of Golden Gate Parkway. MR. CASALANGUIDA: Both bidded and under construction. CHAIRMAN STRAIN: Okay. What's the timing of Santa Barbara? MR. CASALANGUIDA: I would say about two years to 30 months. CHAIRMAN STRAIN: Okay. Any other questions of transportation? (No response.) CHAIRMAN STRAIN: Thank you, Nick. Mr. Klatzkow. Page 39 1?"11 . \...J i '"" December 21, 2006 MR. KLATZKOW: Just to clarify what we're doing, because this is just one deal of many we're working on. Plan A was that the state was going to widen Davis Boulevard. They didn't. This is Plan B. Plan B is we're getting a bunch of developers together and we're selling concurrency. They're giving us enough money, we'll be able to fund the construction the state was supposed to do that will create additional capacity, okay, so that they can then do their development. So with DCA what we're doing is we're selling certificates, we're getting the impact fees paid up front, we're getting some rights-of-way donated and the whole package, so we can do these improvements ourselves because the state backed off. There's a lot of pieces to this puzzle. This is just one of them. You're going to get a couple of them on time to go. But if all these pieces don't come together, all right, if anybody backs out of the deal so we can't do this funding, it's all going to blow up. And then we're at Plan C. I'm not sure what plan C is. It may be a moratorium at this time. But that's what we're doing. Weare selling certificates in order to get the money so we can do the improvements so that hopefully by the time construction is done, there will be sufficient capacity for these various big boxes to get built on. That's exactly what we're doing here. CHAIRMAN STRAIN: Okay. Thank you, sir. And Nick, before we finish with transportation, we received a DCA a draft from the applicant. And as you know, I had a lot of -- because I spoke to you about that, I had a lot of questions about that draft. And you assured me that was the applicant's language, not your department. Now you had working points that you wanted to make sure were going to be considered, included. You want to expound on those working points now so we understand what the issues are in that regard? MR. CASALANGUIDA: Sure. The applicant will pay within a -- we're negotiating a time frame, 90 days, 120 days -- and we talked about a certain time -- one hundred percent of the impact fees, roadway impacts fees for all capacity, additional square footage that he's asking for. One thing I want to clarify what Jeff said before I continue on is that 60 to 80 percent of the funding for Davis is coming from the Benderson's prepaid, already purchased COAs that they did a long time ago that we're collecting on in 10 or 12 days, over two weeks or so. So a lot of the money isn't -- when Jeff said we're selling our concurrency, we're trying not to do it as much from future projects but projects that this board and other boards have already approved. CHAIRMAN STRAIN: Well, before you leave that point, how much is this -- from Radio Road to 951, what are the costs? MR. CASALANGUIDA: My guess is between 16 and $20 million. CHAIRMAN STRAIN: How much are you getting from the Benderson? MR. CASALANGUIDA: Probably between, I want to say, ten to 14. CHAIRMAN STRAIN: So the rest you're picking up from-- MR. CASALANGUIDA: A couple smaller projects that you'll see coming forward. CHAIRMAN STRAIN: They're going to fund all that prior to their CO? They're going to fund all that up front? MR. CASALANGUIDA: Up front. Some of it's already in our accounts. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: Business points. The additional capacity -- or square footage that they're asking for is approximately 135. They're asking for 15 of that to be added to the 130 they have. So the 120 additional square footage would not be available for certificate of occupancy until December 31st, 2009. Prepay their impact fees. The right-of-way that's across the street that we will have exhibits for that they're preparing right now will be dedicated within 60 days of request to the county at a fixed price of $15.72 a square foot. That one-acre of impervious road surface will be treated in that development. That's in the PUD as well, too. And then I think the TCMA requirements is in the PUD language and I don't think we need to Page 40 1611 A December ~ 2006 address that in the DCA. Those are the key points, sir. CHAIRMAN STRAIN: Nick, there was a lot of -- and I know it because Bruce wrote it, a lot of superfluous language in this compared to the DCA that he sent out. And I went over some of that with you at a meeting you and I had, in particular references to values of property that really weren't part of the deal. Are you assured those are going to be removed from the -- because if they're in there, we've got to go into some discussions on those. MR. CASALANGUIDA: I have a lot of respect for Bruce, but we've made it a policy decision that we'll do business points and the county attorney will draft all DCAs. We're going to take out anything that really doesn't have anything to do with the strict business points and just deal with strictly business points. CHAIRMAN STRAIN: That will shorten it. Okay, are there any questions of staff or anybody on transportation at this point? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Nick. MR. CASALANGUIDA: Thank you. CHAIRMAN STRAIN: Michael, I guess your turn. MR. DeRUNTZ: Michael DeRuntz, Principal Planner with the Department of Zoning and Land Development Review. You have a copy of the staff report, several copies of the staff report, the supplemental staff report and supplemental staff report number two. This has been a -- the project has been continued, as you're well aware, for reasons about the capacity of the roadways along Davis Boulevard. I believe a lot of the questions were answered. I note that Bob did go through a variety of the changes in the PUD document. With the DCA agreement, the staff is recommending approval of this. It is found to be consistent with the comprehensive planning and compatible with adjoining properties, and we'd be glad to try to address any questions that you might have at this time. CHAIRMAN STRAIN: Are there questions of Mike? (No response.) CHAIRMAN STRAIN: Michael, in your staff report, Page 2, you reference on the top of the page a series of sections. I can't find them in the PUD. Maybe -- or maybe I did find the language, but not the section. Can you take a -- can you help me with that point? MR. DeRUNTZ: Is this the supplementals? CHAIRMAN STRAIN: Well, it's your staff report dated January 19th, 2006. So those sections-- the PUD's been completely rewritten, so all I want to make sure is that that language is comfortably in another section of the PUD, we just haven't referenced it. Is that it? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Okay. That's the last question I had. MR. DeRUNTZ: Thank you, sir. CHAIRMAN STRAIN: Thank you. Any other questions of staff? Ms. Caron. COMMISSIONER CARON: Yeah, not for you, Mike, I need to go back to transportation. Is Nick still here, or Don? CHAIRMAN STRAIN: Don. COMMISSIONER CARON: I just need this repeated. This project is going to cost $16 million, approximately, correct? MR. SCOTT: That's correct. That's the estimate that FDOT has given us so far, but obviously they're not at 100 percent design yet. CHAIRMAN STRAIN: Did you say 60 or 16? MR. SCOTT: Sixteen. Page 41 , i;-l'! 16 1 l' De;Jnber 21,2006 CHAIRMAN STRAIN: Oh, then Nick egregiously-- COMMISSIONER CARON: He said 6-0, I thought. MR. SCOTT: No, 16. One, six. COMMISSIONER CARON: Sixteen. Oh, this makes a huge difference in what I was going to ask. If the biggest developer is only going to get 14, are we ever going to be get from two other smaller projects -- MR. SCOTT: No. What FDOT has offered us, obviously, is $20 million payback. And we're going to stay with the $20, not knowing how the bids come in. One of our hopes is the possibility of including this with our 951 project. Remains to be seen if the timing is going to work out that well. But we'll see. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Ray, do you have any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. I have one question of the -- of Bruce before we close the public hearing and go into discussion. Guess what question I'm going to ask? MR. ANDERSON: What date we're going to the board? CHAIRMAN STRAIN: The phasing issue. I do not feel comfortable tying a project to a date. I'd like to see it tied to the completion of that segment of Santa Barbara Boulevard. MR. ANDERSON: Santa Barbara? CHAIRMAN STRAIN: I mean, Davis, I'm sorry, from Radio Road to 951. And I know you have a lot of assurances from a lot of people that that's going to happen. And how you make that happen is up to you. But I think that if that were a condition, not only would the department have -- the transportation department have their ability to push harder, but they would have your assistance as well. So I'm still reluctant to work with a specific date like you have. And I just wanted to understand if you had any movement on that from your side or if you feel you have to have a date? MR. ANDERSON: Let me ask you this. We could probably -- I'm authorized to give on the date, to delete the date if we can add the assurance of being able to get that additional 15,000 that we could do up front. CHAIRMAN STRAIN: I think for the benefits that you are providing to get Davis Boulevard moved along, that I had no problem with that myself. I can't speak for the rest of the board but I didn't see that as a problem. MR. ANDERSON: Okay. Thank you very much. CHAIRMAN STRAIN: Thank you. No other questions? (No response.) CHAIRMAN STRAIN: We'll close the public hearing. We'll entertain a motion. Is there a motion? Mr. Murray. COMMISSIONER MURRAY: I would make a motion that -- I lost the paper on the number -- the AR number. CHAIRMAN STRAIN: I thought you were going to make a motion and you lost the paper, huh. COMMISSIONER MURRAY: Yeah, that would PUDZA-2009-AR-64 I 7, known as the Benderson PUD; is that right? CHAIRMAN STRAIN: 2004. COMMISSIONER MURRAY: Excuse me? Page 42 16 ~~emdr 2 ~006 CHAIRMAN STRAIN: 2004? COMMISSIONER MURRAY: 2004? MR. ANDERSON: Yes. COMMISSIONER MURRAY: My apologies. But I would make a recommendation to move this to the Board of County Commissioners with approval. I didn't hear any stipulations. I have none that I myself would offer. COMMISSIONER ADELSTEIN: I will second the motion. CHAIRMAN STRAIN: There's been a motion by Commissioner Murray to recommend approval. There's been a second by Commissioner Adelstein. And now discussion. We'll start with Mrs. Caron. COMMISSIONER CARON: And there was a stipulation. CHAIRMAN STRAIN: Well, I have a whole pile of stipulations. COMMISSIONER CARON: There were many. Okay. That's fme. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I had a stipulation, Mark. Why don't can you run through yours. COMMISSIONER MURRAY: I was hoping I did. CHAIRMAN STRAIN: Well, the most important one that -- and I agree that the 145,000 square feet is acceptable now. And that the remainder of the square footage to be built will be delayed until such time that Davis Boulevard is completed between Radio Road and 951. COMMISSIONER MURRAY: That was a given. CHAIRMAN STRAIN: That the DCA that finally gets evolved include the four working points that Nick spoke to us about. And that is that they pay 100 percent of their road impact fees within a certain time frame, as Nick stated. That they receive okay for 145,000 square feet now and the rest is deferred until Davis Boulevard is completed from Radio Road to 951. That the right-of-way dedication is provided at the cost of$15.72 per square foot. That one acre of impervious right-of-way area is allocated to be accepted by the project in one of their on-site properties. Those are the bullet points that I recall from Nick. The time frame that we just worked out basically on the phasing. And then the last thing is the various changes we recommended to the PUD that they seem to be agreement on, and Mike has carefully made note of those as we went through the meeting. Those are the points that I recall. Mr. Schiffer. COMMISSIONER SCHIFFER: Mike, just to make sure, did you get the one about replacing the word anchor tenant with primary building? MR. DeRUNTZ: Yes, sir. COMMISSIONER SCHIFFER: Okay. And how do we know these things actually do get in? I mean, the stafftakes these notes and then makes sure that before they go to the commissioner hearing -- MR. DeRUNTZ: Yes. It goes to Marjorie first-- CHAIRMAN STRAIN: Mike, you should know that better than anybody. MR. DeRUNTZ: Sorry. It would go to the county attorney's office first to make sure that these are all included. MS. STUDENT -STIRLING: Excuse me. Planning stafftakes the notes and the planning staff makes sure that they're included. And then we operate as a back-up working with them to make sure the stipulations are correct. But the planning staff is the one that takes the notes and makes sure those stips are included. COMMISSIONER SCHIFFER: Thus it's not smart to carry it in the resolution itself? It's not necessary? MS. STUDENT-STIRLING: No, it will be included in the PUD document. Page 43 '7! ( . December 21,2006 COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Okay. Is that the end of the comment? If so, will the motion maker -- oh, Mr. -- MR. ANDERSON: Just one point of clarification, Mr. Chairman. You used in your motion completed, and I believe the term is substantially completed. That means where it's open for traffic. They may be doing, you know, little finishing touches. CHAIRMAN STRAIN: I appreciate the clarifies. That's exactly the intend. MR. ANDERSON: Thank you very much. CHAIRMAN STRAIN: Okay. Would the motion maker accept the-- COMMISSIONER MURRAY: I do. CHAIRMAN STRAIN: -- stipulations? Ms. Student? MS. STUDENT-STIRLING: You just took the wind out of my sails because I was going to make sure that happened. CHAIRMAN STRAIN: Will the second accept the stipulations. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Motion's been made and seconded. Stipulations have been okayed. All those in favor of the motion signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Well, maybe it is Christmas after all. Or we're saving our bah, humbug for Richard. Item #8C PETITION: SY-2006-AR-9400 The next item up for today is the petition SY-2006-AR-9400. And it's the Toll-Rattlesnake, LLC for the Swamp Buggy Races/Florida Sports Park. It involves a variance for the sign that they've had out front forever. MR. MULHERE: Real quick. CHAIRMAN STRAIN: Will anybody wanting to testify on behalf of this petition please rise and be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: Anybody on the planning commission have disclosures? I think I may have mentioned this to Mr. Y ovanovich. I was shocked that this had to be on our agenda today. MR. MULHERE: I'll try to be -- CHAIRMAN STRAIN: Mr. Murray had a disclosure. COMMISSIONER MURRAY: At nominal length, I had a conversation with Mr. Tom Cannon Page 44 16 1"1""" A 5 December 21, 2006 regarding some of the particulars in here. He is associated with Swamp Buggy. MR. MULHERE: My name is Bob Mulhere, I'm with RW A representing the applicant on this petition. With me is David Torres, who is division vice president with Toll Brothers. Rich Yovanovich also. And I know Tom Cannon was here. I'm not sure if he's still here. But Tom Cannon was here. He'll be right back. I'll try to be very brief. As Mr. Strain indicated, the sign's been in its present location since 1986. Anecdotal testimony is that there was a permit issued, though evidence cannot be found. Signcraft put up the sign. The request is -- and it's an off-site sign. It's located within the Big Cypress Basin right-of-way and the future Collier Boulevard extension area or the extension of Rattlesnake Hanunock extension area. And so what we've structured and staff is supporting is a variance that would last no more than three years, might be shorter than that if due to construction reasons it ends up having to be relocated. The sign would have to be relocated eventually anyway because the future proposal is to relocate the location of the Swamp Buggy park activities. And that's several years out, assuming it actually goes forward. So we've asked for a temporary variance to allow the sign to remain in the same location it's been for 20 years. I do have a couple of minor changes that I discussed with staff relative to the stipulations. And if! can read those to you, I think they're relatively minor. Just thought it might be helpful on condition of approval number one to add a couple of words such that they would read the off-premise directional sign shall be allowed to remain in place for a maximum of three years. It says three years, but I think this clarifies it a little bit. The second one, a right-of-way permit shall be secured if required, within four months, parens, 120 days. Two months, boy, I'd sure like to think we could get everything done and get it in and submitted. But there's a possibility it might take a little bit longer and I'd sure like to put the time in. Four months I think is adequate. Stipulation number three, the same change, a building permit shall be secured within four months, parens 120 days from the date of the BCC approval. Obviously, if we submitted everything that we need to submit, it shouldn't take very long to get out. It's really only an electrical permit that's required and a base landscape plan. And then on the last one, the required landscape plan shall be -- landscaping shall be planted around the base of the off-premise directional sign. And what I've suggested is we put in language that reads a planting plan shall be submitted to Collier County with the building permit application. And then the applicant may utilize manual irrigation techniques if the planting plan includes xeric or drought tolerant plants. There's no irrigation now. We'll put plants in, it's right next to the canal. Those are the changes that -- and staff agrees with those revisions. And that concludes my brief presentation. Questions? CHAIRMAN STRAIN: Questions? Mr. Midney, then Mr. Kolflat and Ms. Caron. COMMISSIONER MIDNEY: I have a question about the communication to Mr. DeRuntz from Philip Jimenez (phonetic). MR. MULHERE: Oh, yes. Thank you. I'm glad you brought that up and I should have brought that up myself. . I did talk to Clarence Tears, who is the director of Big Cypress"Basiri. . And he indicated to me that typically you would not be able to get a right-of-way permit for such a sigry. But given the fact that it's existing, and that's why I asked for the change to say if required under the stipulation, they will not ask us to get a right-of-way sign for this sign, given the conditions that are in place, the limitation on the time frame, it's an existing sign. Page 45 16 1 A 5 December 21, 2006 So, you know, I think we can address the concems of Big Cypress Basin, and that's why I put the language in, if required. COMMISSIONER MIDNEY: So you're saying that this, which is dated December 5th, is no longer operative? MR. MULHERE: Correct. We will have to get a right-of-way sign from Collier County -- or permit. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLAT: The first condition, you mentioned two conditions, actually. There will be the permitted relocation ofthe Swamp Buggy or a maximum of three years. Would you also extend that to include the extension of Rattlesnake Hammock Road or the six-Ianing of Collier Boulevard? MR. MULHERE: In other words, that if it's requested to be removed by Collier County as a result of those activities of improvement we would remove it and relocate it? COMMISSIONER KOLFLAT: Yes. MR. MULHERE: Yes. COMMISSIONER KOLFLA T: Okay. Also, would you accept the fact that the owner would be responsible for the removal and not the county, if that should occur. MR. MULHERE: That's no problem. So, if I may, I think I can -- the off-premise directional sign shall be allowed to remain in place for a maximum three years from the BCC approval date, or the permitted relocation of the Swamp Buggy activity is completed, or if requested to be removed due to facilitate improvements to Collier Boulevard or Rattlesnake Hanunock extension, whichever comes first, period. And then another sentence that says the relocation costs shall be born by the applicant. COMMISSIONER KOLFLA T: That's the way I had drafted it, too. That would be very acceptable, thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: It's already been covered, thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I just have -- Mr. Mulhere, are you here on behalf of the petitioner? And who is the petitioner in this case? MR. MULHERE: The petitioner is Toll-Rattlesnake, LLC. And let me tell you why that application was drafted in that format. It is Toll-Rattlesnake, LLC that actually was issued the most recent and effective and operative notice of violation from Code Enforcement. We would presume that's because Toll-Rattlesnake, LLC owns the land that is privately owned that's most proximate to the sign. The Swamp Buggy grounds, while we are working with the Swamp Buggy and we have had a contract in place to purchase that property and relocate them, we do not presently own that property. But, again, the NOV was issued to Toll-Rattlesnake LLC. COMMISSIONER MURRAY: I think it's important inasmuch as this is a public -- MR. MULHERE: Yes, I appreciate that -- COMMISSIONER MURRAY: -- property, that it be noted that the Swamp Buggy property is still in the ownership of the Swamp Buggy corporation. MR. MULHERE: That is correct. COMMISSIONER MURRAY: That was important. Actually, I think that's pretty much it for me, because all the rest of them go away. I think based on that --let's see if! have just one more. Stipulation agreement. That's it. I think that cured the issue. Thank you. MR. MULHERE: Thank you. Page 46 Decembfr ~, toi 5 CHAIRMAN STRAIN: Mr. Mulhere, someone said there was a permit issued for this. MR. MULHERE: Yes. CHAIRMAN STRAIN: Has someone proven that there is not a permit issued for this? MR. MULHERE: No, sir. CHAIRMAN STRAIN: If you were to look at aerial photos going back 20 years, would you see this on the county tax assessor's map? MR. MULHERE: Yes. CHAIRMAN STRAIN: The company that put it up is Signcraft. Wasn't that used to be owned by State Representative Mr. Davis, Mike Davis? MR. MULHERE: Yes. CHAIRMAN STRAIN: Is there any doubt in anybody's mind that this didn't have a permit? MR. MULHERE: Well, there's no doubt in my mind. CHAIRMAN STRAIN: I need to turn to the county attorney and ask, wouldn't this be considered a nonconforming use? And if it isn't, still, wouldn't the burden of proof be that there would have to be something showing, someone would have to indicate stronger than to question the validity of what the applicant's saying? MR. KLATZKOW: I scratched my head a few times when this came on my desk. I'm still scratching my head. I'm not entirely sure what -- I was never entirely sure what the issue was. It's been there forever. It's going away pretty soon anyway. You know, I don't know what to tell you. CHAIRMAN STRAIN: How much did it cost you to get here today? MR. MULHERE: After the fact variance, double the fee. Several thousand dollars. CHAIRMAN STRAIN: Well, I hope any recommendation is -- MR. MULHERE: Plus -- if! had my time on to that, now we're really moving it up. CHAIRMAN STRAIN: Well, as far as -- I mean, any fees or anything paid ought to be refunded back to you, as far as I'm concerned. This shouldn't have been here today. MR. MULHERE: Mr. Strain, I know you've got a busy day. And I'll be very, very brief. But I think it's germane. It seems to me that the county's position, at least from a code enforcement perspective, is that the burden of proof is on the property owner. That appears to be the modus operandi. CHAIRMAN STRAIN: I'm not saying that any department was wrong. We have a bunch of rules in our books, they have to be enforced. And there may be times when the practicality of how those enforced can be exercised because it's black and white. But I think it's the discretion of the very boards that these things finally get to take a look at that and see maybe now some discretion could be suggested. That's where I'm going. MR. MULHERE: I understand. CHAIRMAN STRAIN: And in that regard, is there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay. Do we have a staff report? MR. DeRUNTZ: Michael DeRuntz, Principal Planner with the Department of Zoning and Land Development review. You have a copy of the staff report, and analysis of -- that we need to look at for variances. And one of the things that I felt that was very important in my evaluation of this application is that the sign has been there for a while. It does serve a purpose, it has served a purpose. And with the applicant's understanding that this will be removed, we are recommending approval of this variance. CHAIRMAN STRAIN: Do you have any objection to the applicant's requested changes to the stipulations? MR. DeRUNTZ: No, sir. CHAIRMAN STRAIN: Mr. Adelstein, did you-- COMMISSIONER ADELSTEIN: No. .. Page 47 ----~_.-.._- ill - (J I ". ~ A' r:: December 21, 2006 CHAIRMAN STRAIN: Mr. KolfIat, then Mr. Schiffer. COMMISSIONER KOLFLAT: I was going to make a motion if that's acceptable. CHAIRMAN STRAIN: No, we have to close the public hearing first. So let's just move forward with the rest of the request. Mr. Schiffer. COMMISSIONER SCHIFFER: Mike, when was the requirement to put the sign permit on the sign? When did that come about? MR. DeRUNTZ: Put the sign permit -- COMMISSIONER SCHIFFER: Isn't the permit number put on the sign? MR. SCHMITT: Yes, sir, it is now. COMMISSIONER SCHIFFER: It is now, but is that -- during this time was it? MR. DeRUNTZ: No. Some 20 years ago, no, sir. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Okay. Any other questions? Ifnone, is there any public speakers? MR. BELLOWS: No public speakers. CHAIRMAN STRAIN: With that, we'll close the hearing and we'll entertain a motion. Mr. KolfIat and Mr. Adelstein both have indicated they'd like to make a motion. Mr. KolfIat, you had indicated first so let's just go with you, and hopefully Ms. Adelstein will second. COMMISSIONER KOLFLA T: Okay. With reference to the general guidelines ofLDC section 9.04.03, A through H, to be used in making a determination in this variance request, we find the following. One, a special condition exists relative to the sign in that it has been located there approximately 20 years, and without it the public would not be able to ascertain upcoming events, cultural and historic activity. Two, there is a special preexisting condition in that the sign was constructed in 1996 before adoption of current LDCs. Three, literal interpretation of LDCs will create an undue hardship on the applicant in that the Swamp Buggy facility is remote and difficult to find and needs directional information to survive. Four, existing sign does not inhibit the site visibility of vehicular traffic at the Rattlesnake Hammock and CR-95 I intersection, and does not adversely impact the health, safety and welfare of the public. Six, the variance meets the intent and purpose of 5.06.01.A of the LDC and not injurious to the neighborhood. Eight (sic), approval of this variance will be consistent with the GMP. I move that we recommend acceptance to the county commission. COMMISSIONER ADELSTEIN: Mr. Chairman, I'll second the motion. CHAIRMAN STRAIN: Mr. KolfIat, you had said that the sign's been there since '96, I think you meant '86. COMMISSIONER KOLFLA T: I yes, I did, I'm sorry. Thank you. CHAIRMAN STRAIN: Okay. The motion was made by Commissioner KolfIat, seconded by Commissioner Adelstein. Discussion? COMMISSIONER MURRAY: Well, wouldn't we want to add the several points that were made by Mr. Mulhere to the recommendation? CHAIRMAN STRAIN: Does it -- the stipulation would be that the staff recommendations would include the stipulations as amended by the discussion with the applicant; is that it? COMMISSIONER MURRAY: That accomplishes the purpose. CHAIRMAN STRAIN: And I would highly suggest that the Swamp Buggy facility is a corporation Page 48 1611 I il '\ Decerm,er' 2 if: 200-( that's been working with the community for years. I would like to see that their fees be refunded for this effort to get here today. COMMISSIONER MURRAY: Mr. Chairman, I didn't know if that was appropriate, but I certainly support that. CHAIRMAN STRAIN: Whether it's appropriate or not, I think we can send the message to the BCC. Mr. Schmitt. MR. SCHMITT: I just want to add that any refund for this, since there's been staff time expended and effort, that money has to be refunded from the general fund or some other form. It's not simply just a matter of refunding the dollars. If it is, I'm passing that cost off to the other applicants who paid permit fees. And I understand exactly what you're saying, but there would have to be some kind of a budget amendment associated with that that monies to refund this would come out of the general fund. Just so you understand the process. I would also like to comment that maybe this board would consider recommending to the Board of County Commissioners something as obvious as this, and truly obvious as this, because I read this as well, that the zoning director have some authority to approve something like this administratively. The petitioner chose to bring this through the requisite process in order to get the variance that's required, rather than appeal before the board or some other method, certainly, they could have gone through. They complied with the Notice of Violation and chose to follow the proper procedures. But it certainly would have been far more appropriate in a case like this where there's certainly something that existed for a period of time that this could have been done administratively. And I think from the planning commission maybe that's the type of recommendation that should be forwarded to the County Commissioners. CHAIRMAN STRAIN: Mr. Schmitt, I appreciate your comments to us, and I agree with you. You have various departments that have got their hands tied in the flexibility that they're allowed to have. And this is a prime example of where some flexibility ought to be allowed. And if our signal to the BCC is that that is needed, then that certainly is something I hope we're putting across by a stipulation suggesting that there needs to be a refund of any fees required of this applicant. And I also like your recommendation that we consider looking at some latitude provided to the zoning director in regards to issues such as this. So with those stipulations, does anybody have a -- Mr. Schiffer. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray. COMMISSIONER SCHIFFER: And it's on number three. I would rather see that worded that a building permit should be applied for within the time frame, not secured. Once it's into the process there's an awful lot of things that can happen that the client has no control over. CHAIRMAN STRAIN: And I'm not -- I don't care if we mince words on that, Brad, but the point is we don't know they don't have a building permit. Nobody knows that. In fact, we have testimony that says they do have a building permit. So I'm more inclined to believe they already have one. So why do they need another one? COMMISSIONER SCHIFFER: I mean, if we're going to go ahead with these -- I mean, I would rather take them out too, if you want to do that. That's not what was proposed, though. CHAIRMAN STRAIN: I was going along with the stipulation request because the applicant suggested it. Had the applicant suggested that, wait a minute, we did have a permit, nobody will believe us, but we're testifying we have one, as Mr. Mulhere indicated, I'm comfortable with that. Page 49 5 December 21, 2006 COMMISSIONER SCHIFFER: Well, then, could we make a motion that in essence treated this as ifit was permitted and -- I mean, it's here because of what's __ MR. DeRUNTZ: Excuse me, Mike DeRuntz. Code enforcement has cited them for a violation of not having a permit. And this is -- this petition is before the planning commission right now to rectify that. And they're attempting to do that. And so the building permit would need to be issued. CHAIRMAN STRAIN: Do you have the -- do you have the availability to get all the building permits issued on that property? I mean, the answer is that you don't. I don't believe the county has records, they've lost them all. So we don't know if there was a building permit issued here or not in fact. We know that there may have been one, there may not have been one. Code enforcement's caught in the middle because they don't have one, so they can't say then that there is one. So they have to say there isn't one. I understand that. I'm just trying to find a more amiable solution to something as obvious as this one is. MR. MULHERE: If! could just add. I said I'd be brief. There is electric, and I think part of the concern that code enforcement had was to make sure that there was an inspection of the electric. You know, there's lighting on the sign. And I think we didn't object to that. We want to make sure that it's safe, too and -- although it probably is. Maybe you could say a building permit if required after inspection. If that resolves the issue for you guys. I mean, if it meets the code, you know -- COMMISSIONER SCHIFFER: Why don't we just have an inspection and we can note in here that they're going to make any improvements necessary based on that. MR. MULHERE: Which may require a building permit, right. CHAIRMAN STRAIN: How does that sound, Jeff? MR. KLATZKOW: I think that if the petitioner wanted to contest the issue that indeed they have a building permit then the better mechanism would have been just to go to the code enforcement board to get a determination. For whatever reason they decided not to go that route. They wanted to clean it up. The clean way to get this up by this process and we're done. I understand it's an expensive process. I understand it has a little bit of Alice in Wonderland aspect to this. But it cleans up their record title. CHAIRMAN STRAIN: Brad, your concern was the word secured. COMMISSIONER SCHIFFER: Yes. I would rather have it that the secured word be applied and then let the process take its time. CHAIRMAN STRAIN: That works better for the applicant, I would believe. MR. YOV ANOVICH: Yes. COMMISSIONER SCHIFFER: The concern is if they didn't get a permit in two weeks essentially this could void this resolution. We don't want that. COMMISSIONER MURRAY: I'm good. CHAIRMAN STRAIN: Mr. Murray, you're fine. Mr. Kolflat, there's been a series of discussions. There's been some stipulations and added language. Are you comfortable with that discussion? COMMISSIONER KOLFLA T: I am, as long as it doesn't hold the process up. I think let's get it off the table and get them cleared. Whether they had a permit in the past or didn't have a permit in the past I don't think is germane to the overall fact that it ought to be approved. CHAIRMAN STRAIN: I agree. So you have no problem with the stipulations that we discussed? COMMISSIONER KOLFLA T: As long as it doesn't slow down the train. CHAIRMAN STRAIN: Okay. Now we've got to go back to the beginning. The stipulations that we discussed then were the changes to the approvals as stipulated by staff, except that we will -- the applicant had suggested some changes, all of which are beneficial. You accept those? COMMISSIONER KOLFLA T: Yes. CHAIRMAN STRAIN: And Brad has suggested using the word as applied instead of secured. Do 16/1 Page 50 161 {i" December ~, 2~ you accept that? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: And I had suggested that we -- or recommend a refund ofthe fees paid for the applicant for the variance process to get here today. COMMISSIONER KOLFLA T: That's what I'm not sure of. What does that lead to, further discussion or further action? CHAIRMAN STRAIN: We just vote on it. And then it goes to the BCC and they decide if they want to do that or not. COMMISSIONER KOLFLAT: How does the applicant feel about that? CHAIRMAN STRAIN: Do you guys want the money back or not? MR. YOV ANOVICH: Yes. CHAIRMAN STRAIN: The applicant would like the money back. COMMISSIONER SCHIFFER: Who paid the money, the Toll Brothers or the Swamp Buggy? MR. TORRES: Toll Brothers paid the application. CHAIRMAN STRAIN: Pardon me? Mr. Kolflat, would you make a decision on that, since you're the motion maker. COMMISSIONER KOLFLAT: I'll accept it. CHAIRMAN STRAIN: Okay. Motion maker -- are there any other stipulations that I missed? I think not. Does the second accept the stipulations? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. With that, all in favor of the motion as stipulated, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you all. And I assume that with this conversation, staff will relate to the BCC that the planning commission, and we might want to take a moment to at least provide a consensus on this fact, would strongly recommend that there be some discretion to the zoning director in regards to matters such as this. COMMISSIONER MURRAY: I would, Mr. Chairman, perhaps even a memo from the chair attached to the executive summary in this matter might be useful, so that it's patently clear that they see the intent. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: I would only caution that I think what you are certainly trying to do is accommodate the petitioner. The petitioner, there's a board that exists that the petitioner could appear before if they disputed the Notice of Violation, and that's the Code Enforcement Board. They chose not to go down that road. CHAIRMAN STRAIN: Joe, what you had said earlier was that if we could provide a suggestion to the board that would help relieve these matters, that's alll'm suggesting. Page 51 A 5 December 21, 2006 The other issue is over with for right now. The petitioner came here, and even ifhe had gone before the Code Enforcement Board, the fact that this could have been resolved by more discretion on the part of the zoning director would have been a lot easier than either way. That's all -- we're agreeing with you on that. MR. SCHMITT: Yes. But the sign -- there would have had to have been some kind of authority to put the sign in the right-of-way. And there was no record of any type of permit. So I'm just saying that, again, if we're going to put -- just so you understand, I agree with you in regards to allowing for criteria to be developed to give the zoning director some authority to resolve issues like this. But there still would have to be some kind of criteria, previous or aerial photography or other type, something that would validate that, at least in the opinion of the zoning director that there would have been some sort of approval granted for this. And I just want to caution this panel that in fact that's what we would have to come back with. CHAIRMAN STRAIN: I fully agree with you. But that is what I would expect you to come back with. We certainly aren't going to try to disseminate that here at this panel. Mr. Schiffer? COMMISSIONER SCHIFFER: Mark, I think maybe the way we should do that is to look at the grandfathering of projects. First of all, we look in a community that essentially could have buildings destroyed past 50 percent rather easily. So I think that there's a lot of issues that come up. As we're going through LDC amendments we hear a lot, well, that would mean it would make a lot of things nonconforming. I think we have to really look at how properties get grandfathered in this community. And maybe that's the topic where we study all this, it's not just simple like this issue was. CHAIRMAN STRAIN: Well, all I'm trying to do is let the board have a -- and submit ideas that there may be something now that we could do to alleviate issues like this. You're talking about a bigger issue that would take more time to get into. COMMISSIONER SCHIFFER: This could fall into. It could be a subset of that issue. But I think the weakness is in how we handle nonconforming, especially if they're destroyed or abandoned. CHAIRMAN STRAIN: We're going to move on. I can see we're going to get tied up in a conversation on this one. So let's just move on for the day. And I think the best thing to do at this point is take a one-hour lunch break and return at 12:45. Is that agreeable? Okay. We'll reconvene at 12:45 in this room. Thank you. (A lunch break was taken.) 'T ! f ,J, Item #8D PETITION: PUDA-AR-2005-AR-78l8 CHAIRMAN STRAIN: Okay, members of the commission, we're back on. And if everybody would quiet down and take your seats. I notice that we have -- Mr. Hancock's here now in charge of marketing for Davidson Engineering. I guess that's going to be the next subject we're going to be talking about. So the meeting will now resume. Petition PUDA-2005-AR-78 I 8, which is the Freeland and Schuh Pine View PUD at the southwest corner of Pine Ridge Road and Whippoorwill Lane. Would those wishing to speak on behalf of this project please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the planning admission. Earlier this morning on my way out for lunch I had a brief conversation with Mr. Hancock over the traffic issues. Other than that, I Page 52 16/1 11: 5 December 21, 2006 don't have any other disclosures. Okay, Tim, it's all yours. MR. HANCOCK: Good morning, and thank you, Mr. Chairman, members of the planning commission. My name is Tim Hancock with Davidson Engineering, representing the applicant Freeland and Schuh, Incorporated, the property owner. Freeland Schuh is more or less Mr. Ben Freeland, who is also here today. Ben is president of Naples Nissan and also president of Mobile Internet Technologies. He is in fact the applicant. And as I mentioned earlier, the property owner. Also with us today, a part of our team, Mr. Jim Krall, professional engineer, civil engineer with Davidson Engineering, who I believe is speaking with Mr. Schmitt in the hallway. And also, on transportation engineering, Mr. Reed Jarvi, professional engineer also. The nexus of the application to amend the existing Pine View PUD was very simple. The applicant wished to simply add one use, an automotive retail facility, automotive dealership to an approved commercial PUD to allow for automotive sales at this location. The site is to be the future home of Naples Nissan, which currently exists on a somewhat cramped and difficult site at the intersection of Airport Road and Progress Avenue. The Pine View PUD was originally approved in 2000 to provide for a broad range of commercial uses with no cap on square footage on a little more than 15 acres ofland. The project location, as you can see on the aerial before you, is at the southwest corner of Pine Ridge Road and Whippoorwill Lane, approximately one-half mile west ofI-75. To orient you further, just to the north, or toward the top of your screen is Pine Ridge Road. Whippoorwill Lane continues along the eastem side of the south. And by reference, obviously, 1-75 here to the right as you look at it, and Livingston Road here to the left. The site is bordered on the north by Pine Ridge Road and a full range of commercial uses in essence across the street. There's a common intersection here of Whippoorwill and Pine Ridge, which the commercial uses on the north side use for access. There's a racetrack gas station here that I'm pointing to. You've got a hotel, restaurants, and my favorite, the Harley Davidson dealership on the north side. To the south of the property is an existing Hospice of Naples facility. They are currently contemplating expansion of that of that facility. We've had discussions with Hospice that have gone very well. And there's been a long-range partnership between this parcel and Hospice that's been mutually beneficial. At one point, the previous property owner allowed Hospice access across the back of the site in order to provide construction, and that relationship continues with Mr. Freeland and Hospice at this time. Just to the west of the property, which this aerial does not indicate the current level of impact and construction. You're well aware of the Kraft site where Kraft Construction has their office building. And then there will be multiple outparcels and other retail opportunities closer to Pine Ridge Road on that site. The subject property as identified here lies entirely within activity number ten. And is such is afforded the full array of commercial uses subject to compatibility determinations. The current PUD contemplated a mixture of commercial uses including retail and commercial, but did not include automotive dealerships. As such, were the property to develop under its existing zoning, retail and office mixed use projects could yield approximately 150,000 square feet of space, but it's worth noting that the PUD again does not really contain a cap on building square footage, it really is whatever maximum is achievable under the current development standards. The proposed use of an automotive dealership is entirely consistent with the Growth Management Plan. And as stated in your staff report, is deemed to be compatible with the relatively high intensity of surrounding land uses, which include gas stations, hotels, fast food, restaurants and the like. As shown on the CPUD master plan, the project is, as designed, serves to amplify criteria contained in both the Growth Management Plan and the Land Development Code and through project design. For example, while an interconnection is typically required among commercial parcels, what has been in essence negotiated between the adjacent property owner and your transportation staff goes beyond a simple interconnect. Page 53 ^_. ,___ ~____L___"_' ~"....._......______~__~~_._-_..-- "~"'-~' "m 5 December 21, 2006 What we have is an interconnect here that will line up with a stubout that was provided during the platting of the adjacent property for the Kraft parcel. Through the site a connection is made through what is a proposed parking area to a point here where then a perpetual use easement is recorded over this area to allow for access to come from the Kraft site through the subject property and to a point on Whippoorwill Lane that has been determined by transportation staff to be an appropriate connection point. I think what's important to point out at this stage is that this pass-through, if you will, doesn't really serve our project in any way, shape or form. The criteria of meeting the code simply would have been an interconnect. However, this particular scenario has been negotiated among multiple property owners and your transportation staff in an effort to try and assist with solving some problems that are not associated with the current zoning or the proposed use ofthe site for Naples Nissan. The site also incorporates the required native vegetation in a preserve area at the southwest portion of the property. Interestingly, this parcel, when it was rezoned in 2000, as confIrmed by county staff, had no wetlands. Somehow, by 2005 a wetland had formed. And so we ended up having to go through and having the project delayed by going through and getting a formal determination on this parcel. And we think pretty much that was due, as the EAC indicated, to a pooling or ponding of water over time due to adjacent developments around us. Nonetheless, those steps had been taken. We are standing here today with the full approval ofthe EAC in 6-0 vote. Also, in accordance with Objective 1.3 of the Growth Management Plan, which states that Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the county's economic base, the petition before you today provides the opportunity to strike twice at complying with this Growth Management Plan policy. First, Naples Nissan is an existing, thriving business in Collier County. The Freeland name has been associated with automotive sales in southwest Florida for decades. And the Naples Nissan location on Airport Road has in essence become a victim of its own success, therefore outgrowing its current facilities. I think if you've been on the site, circulation is difficult. And the growth of the business just necessitates a new location. One of the interesting components that Mr. Freeland can attest to is when you start looking for sites that allow for automotive sales facilities, your search gets narrowed very, very quickly. They're basically limited to C-4 and C-5. There's not a lot of existing C-4 and C-5 zoning out there. When you further limit the fact that being a franchise it can't really go anywhere it needs to go, it needs to stay in a similar geographic area to its current location, quite honestly, unlike projects that may have multiple sites to choose from, this became really the only viable site for the expansion of Naples Nissan. So I think much to Mr. Freeland's surprise, it wasn't as simple as going out and looking at a price of several properties. The selection got narrowed down very quickly and his options are extremely limited. He does own the property. He's not a contract purchaser. He's already secured the property and has been paying taxes and carrying costs on that land for some time now. Also, as part of the request today is, in approving this use, the Naples Nissan dealership will be the first building built on the site. Included within that building on the second floor is the expansion of a high tech internet and mobile intemet technology company. That application has received the support of the economic development council and as such has qualified the application through zoning and SDP as a fast track application. Obviously there are transportation issues, which we will discuss today, that have served among other things to delay the project. We don't necessarily blame the fast track process for that. But I think it's important to note that in addition to preserving and protecting the expansion of existing business in Collier County, we're also making way for a target industry that the Board of County Commissioners has identified 'J )! .~ Page 54 1 ~. 6JJmbeAl, ~6 for the promotion and creation of high wage -- or high wage, high tech jobs. This process, this project will allow that expansion of that business to occur also. In addition to the supporting elements contained in your staff report, it's worth noting that this rezone will not result in authorizing more traffic on adjacent roads as compared to the existing zoning on the property. As mentioned in your staff report, the proposed use will produce approximately 10 percent fewer trips than a similar-sized office building. That reduction gets even greater when compared to retail uses which are also currently permitted. Also, due to the vehicle storage component associated with automotive dealerships primarily for display and to ensure adequate selection, the overall land use intensity, in other words, the number of building square feet per acre is much lower than when you compare it with an office or retail use. In short, the proposed use is less intensive from a traffic standpoint than the vast majority ofland uses currently permitted for the site. That being said, the applicant is well aware of the transportation concerns that have arisen during the course of this application, and has offered in many areas ways to address the deficiencies for both the near term and the long term future to the benefit of all businesses and residents who utilize Whippoorwill Lane. We only had four folks show up at our neighborhood information meeting. Two were from Hospice, one from Seagate Baptist church, and one was a gentleman who lives, Steve Delacoff (phonetic), who lives on Whippoorwill Lane. With minor questions in other areas, the big concern was they have problems on Whippoorwill Lane. They have problems getting out in the morning. The turn lane is not adequate. Things back up extensively there. There really weren't a lot ofland use questions or compatibility issues. Everybody on Whippoorwill knows that this is a commercially zoned site. They knew that this is an activity center site, where the full array of the most intensive commercial uses are proposed. So really, the issue coming from the residents was transportation. We have, as I mentioned, worked with your staff and with adjacent property owners to try and address as many of these components as possible. And I think it's probably most appropriate at this time to turn our presentation over to Reed Jarvi with Vanasse Daylor, who will outline for you many of the transportation issues, concerns and remedies. And then following any questions you may have in that regard regarding with Mr. Jarvi or with the staff, I'd like to wrap up my presentation at that point. CHAIRMAN STRAIN: I'm sure we're going to have questions of the parts of the project that you're in charge oftoo, Tim. So when would you like the questions, after Reed gets done or now? MR. HANCOCK: Actually, after we're done kind of going through transportation, I really want to address a couple ofthe deviations, and that will wrap up my presentation, ifthat's acceptable, Mr. Chairman? CHAIRMAN STRAIN: Yes, that's fine. Thank you. MR. HANCOCK: At this time, rn turn it over to Reed Jarvi. MR. JARVI: Thank you. Good afternoon. My name is Reed Jarvi, for the record. I'm a professional engineer with Vanasse Daylor. Couple points to discuss at this time, and from the traffic perspective. What Tim said is very correct in that this proposed use has a lesser intensity from a traffic perspective than what could be done. If you looked at the TIS, we compared it to an office building, similar office building. It was about 10 percent less, but roughly the same amount. But if you would do retail commercial, shopping center, any kind of major retail use, it would probably be three or four times as much of an intensity than what we have proposed at this time. Page 55 , ~.--"-~---,,,._.'--<----~'''' .)! December 21,2006 It's very important to note that from a significance factor or standpoint that this project is not significant on Pine Ridge Road, which is the only road in the near vicinity that's actually on the concurrency management system. Whippoorwill Lane is not on the concurrency management system, but we do impact Whippoorwill Lane, obviously. The traffic that is generated by this project will actually be insignificant by definition and actually is within concurrency and consistency evaluations at this present time. It's also important to note that in the very near future, Golden Gate Parkway will be coming on line first quarter of next year, which will divert a significant amount of traffic from -- or at least projected to divert a significant amount of traffic from Pine Ridge Road to the Golden Gate Parkway road. And that was estimated several years ago at about 14, 15 percent in the 1-75, Golden Gate Parkway interchange justification report that DOT had to file for the Federal Highway Administration. So you should see a significant diversion of trips, most likely before the peak season of this '07. And that will be very important for this area for Pine Ridge Road and for the people in Whippoorwill. Another thing that was noted this morning, and in your recap of the information from the commission, that there is a project on the south end of Whippoorwill Lane that will be completing the connection to Livingston Road, which will give the people from the Whippoorwill area an altemative access to their houses. It will significantly take out -- or it will provide significant relief for people that are currently going northbound and tuming left from Whippoorwill to Pine Ridge, and going eastbound on Pine Ridge and turning right at Whippoorwill. So you will see an improvement in that movement in the next year and a half or so. In our analysis we did not look at those two improvements, which would be -- which shows that the analysis was done in a much worst case than will probably happen. Things have moved along. The Whippoorwill connection wasn't contemplated when we did the TIS at that time. Golden Gate Parkway was a little further out than it is now. So we did not look at those diversion during the TIS. Big thing to note is we did look at the intersection of Whippoorwill and Pine Ridge Road. And we analyzed it with the existing traffic for peak season, projected it forward, added the proposed use to that intersection, and saw that there was a problem. I mean, I think if anybody's been out there, they know there's a problem. But analytically we saw there was a problem. Proposed mitigation for that solution, which would help the situation, is the second northbound left tum lane. The client has worked with staff and is dedicating right-of-way necessary along his eastem boundary, which will provide enough space within the right-of-way to add a second northbound left turn lane, which will help the people that currently are to the south on Whippoorwill and some portion to this client. So I think he has taken a proactive approach to this to help with the solution. The other things that we are working on, just to bring you up to speed, there has been discussions with staff, and the staff is requiring the applicant to look at above his impacts to that particular intersection. And we are working with staff on that study at this present time. Don't have it complete, but we're looking, thinking that initially that doing left tum lane as we talked about on Whippoorwill will be a significant improvement for Whippoorwill traffic. Probably will be increasing or recommending increasing the length of the left turn lanes on both eastbound and westbound Pine Ridge Road, and some improvements to the north with that study. But we aren't quite finished with that yet. But the applicant has committed to work with staff, continued to work with staff on the solutions to this area. I think that's been very proactive from his perspective. And also the improvements that will be coming on line with the Golden Gate Parkway interchange, and the Whippoorwill connection to Livingston Road will greatly improve this situation that we're faced with now. This project is part of that solution. And that concludes my remarks. And I'll attempt to answer any questions, if you have any. CHAIRMAN STRAIN: Well, you're lining them up. Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: I have a question on the second deviation, the sidewalk deviation. 16: It', Page 56 16 i lA ~ December 21,-1006 I'm looking at this map and I don't see the sidewalks, so I can't understand the deviation request. MR. HANCOCK: Mr. Midney, if you look at the exhibit that is on your screen at this time, and I'll trace it for you, because it may be a little hard to follow. Where the connection occurs here, the two sidewalks that will be provided will be one that goes through the site, across the front of the project, all the way out to Whippoorwill Lane. The second sidewalk will be along the perpetual use easement all the way out to Whippoorwill Lane. So instead of putting two sidewalks, one sidewalk on each side of the perpetual use easement, there will be one here and one up here. So the net result is two pedestrian connections, just as it would be otherwise. Quite honestly, if you're coming from this site and you're trying to get to Whippoorwill Lane, walk all the way down here and cross over, when you can do it across the front of the business, made a lot more sense to us, as it did to Mr. Muller with review staff. COMMISSIONER MIDNEY: What does perpetual use easement mean? MR. HANCOCK: That means people can come across it as long as they want. COMMISSIONER MIDNEY: So it's just like an open space designation? MR. HANCOCK: Well actually, it's overlaid across the 24-foot drive isle that goes through the site here, and then along this access point here so that folks can travel from Whippoorwill Lane to the Kraft site over and on that easement in perpetuity. COMMISSIONER MIDNEY: By foot. MR. HANCOCK: That's for vehicular traffic. The sidewalk is a separate issue. But as you know, sidewalks' no different than through any commercial site. Ifthey're required by the site development plan they're required to be accessible. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Reed, this is for you. How is test driving going to be done off of this site? MR. HANCOCK: At least initially our point of access is Whippoorwill. So test driving will occur out to Pine Ridge Road, probably making the easiest turn, which is a right turn, down Pine Ridge to a point where they can turn and come back. At some point __ and remember, if we start construction in '07, complete in '08, the work on Whippoorwill being extended over to Livingston should be, you know, following that fairly closely. I'll let Mr. Casalanguida talk about the timing of that. But ultimately I would see basically the loop going south on Whippoorwill to where it hooks over Livingston, over to Livingston, up Livingston and back to the site. Long term, that would make the most sense for a test drive route. COMMISSIONER SCHIFFER: Reed, in the calculations you have for new car dealerships, do you think that's included in that? MR. JARVI: Yes, sir. The data is from IrE, and it is empirical data that is gathered by different sites around United States, and they would be -- it's for a new car facility. So any new car facility would have certain amount of people that would be doing test drives during the day, so it would be part ofthe trip generation. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Ms. Caron and Mr. Murray, then Tor. COMMISSIONER CARON: Are car washes included in that? MR. HANCOCK: Again, the reason I brought -- fortunately this project has already -- it's in process for a site development plan approval. So we can speak to you with a degree of certainty as to what is going to be constructed on the site. Just as test drives are a component of the overall trips generated from automotive dealerships, so is Page 57 ^----_.,._..-._'--_.".._.__.~.._.- 1 f..... ; .~ __l . ~ d" ~ ~ December 21, 2006 maintenance. And car washes would be included in that. The car wash in this building is actually integrated into the rear of the building here and is used primarily for, you know, for vehicles that are in for service as an additional service. If you bring it in, you can have the service done, you can do a car wash. But the car wash is integrated and will be subject to the architectural guidelines. COMMISSIONER CARON: But it is factored in the trip generation? MR. JARVI: I would say yes. Again, for an accessory use to the dealership. I don't believe it was intended, and I don't believe it's the intent of this petition to have a freestanding car wash that would deal with everybody. It would be people that are using the dealership one way or another. And that would be factored as part of the data that was gathered at IrE. COMMISSIONER CARON: You said that the road improvements are a year and a half away; is that what you said? MR. JARVI: I believe Don Scott said this morning they were 12 to 18 months for the Livingston Road connection. The Golden Gate Parkway Interchange is scheduled for, last I heard, was February of next year, two months from now. COMMISSIONER CARON: It's actually April now. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: That was pretty much where I was going with my question. Looking at your Page 3 -- and I want to compliment you on a catchy phrase under permitted roadway improvements. You say, for purposes of this study knowing that a roadway improvement is committed means that the characteristics of the higher level facility may be used in a reserve capacity estimate. Well, that's very good. But how clear are we in terms of this study, because I note they were identified in Collier Transportation Plan 2/02/03 to 2/07/12. Has this been updated, your information that's in here? MR. JARVI: The information that's in here is for primarily Pine Ridge Road, which has actually been six-laned for several years now, and Whippoorwill Road -- Whippoorwill Lane. There aren't other facilities there in the vicinity of this project that are needed from that data. I mean, we aren't significant on Pine Ridge Road, so we don't even actually look at Livingston Road which has been there for a couple of years now. COMMISSIONER MURRAY: I do note that there's a reference here to SCOOT, would SCOOT not be part of this? MR. JARVI: SCOOT is being done on Pine Ridge Road. If! remember correctly, Nick, it's up and running now and -- there's about six percent efficiency there. COMMISSIONER MURRAY: So all data-- MR. JARVI: SCOOT is a project that's coming -- it's there and will be expanded in the future. COMMISSIONER MURRAY: Thank you. All data that we're referencing here are inclusive of all of the improvements that have been made, which the exception of that, which was what Commissioner Caron made, the question she raised. I'm just looking to see how up to date -- MR. JARVI: No, these are other mitigating things. We can't -- at the time we did this we couldn't measure, the data wasn't known to how much time SCOOT would improve the situation. And I don't believe it still is reflected in the concurrency system at this point in time. COMMISSIONER MURRAY: It's still too early. MR. JARVI: And the Golden Gate interchange wasn't -- you know, we knew it was a committed facility, but the diversion from Pine Ridge to Golden Gate Parkway was not addressed in this study. COMMISSIONER MURRAY: Okay. I think I understand. Appreciate it. I was relating against the significance test, that's all. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: I had several questions, if I might ask. Page 58 ,"". 16 Jeambj21,~06 CHAIRMAN STRAIN: Bring your mic. a little closer. COMMISSIONER KOLFLAT: I'llleam how to use this maybe some day. Staff report indicates several intersections will not function at acceptable levels of service with both background traffic and the additional project trips. Would you identify those several intersections on the chart? MR. JARVI: The only intersection that we analyzed that I know of is the Pine Ridge Road-Whippoorwill Lane intersection. I'm sure there's others in the area but they're are not directly affected by this project. COMMISSIONER KOLFLAT: This is on our staff report. Perhaps I better ask the staff what the several represent. Also, on this plan that you have here, it indicates on that same page that access to the project has been provided via Pine Ridge and Whippoorwill roads. Do you have two accesses to this project or only one? MR. JARVI: There's only one -- well, there's two accesses proposed for Whippoorwill. I would think the reference was access would be provided via Pine Ridge Road to Whippoorwill. But I think that's what was meant. COMMISSIONER KOLFLA T: Well, there's not two separate entrances -- MR. JARVI: There's two accesses, but they're both on Whippoorwill. They're not on Pine Ridge. There's not one on Pine Ridge. COMMISSIONER KOLFLAT: Would you identify the two buildings that we're talking about here on this plan? MR. HANCOCK: Yes, sir. Tim Hancock for the record. The building housing the Naples Nissan automotive dealership service and the mobile Intemet technology company is right here in the center of the site. The smaller building up here is an administrative building to support the used car facility. Both will be architecturally integrated. I have something I can show you a little later to give you a sense of that architecture and a feel for the site. But those are the two buildings being proposed as a part of the site development plan that is currently under review by Collier County. To answer your earlier question, Mr. Kolflat, the original PUD showed one access point on Pine Ridge Road and two access points on Whippoorwill. We have eliminated the access point on Pine Ridge Road for the main purpose that the extension of the turn lane from Pine Ridge to Whippoorwill and the inability coming off of Pine Ridge Road to have a right turn lane coming into the site that we would control. In other words, it goes beyond our property boundary. So it probably could be forced in there but it really doesn't serve the project well. COMMISSIONER KOLFLA T: At one time though it did have that access off of Pine Ridge? MR. HANCOCK: The current PUD does provide access off of Pine Ridge Road as a right in, right out condition. Weare -- and I can go back to the next slide, that is not depicted on the proposed CPUD master plan. Only the access points as shown on Whippoorwill. COMMISSIONER KOLFLA T: While you have this on, could you describe the stormwater drainage flows that will exist. MR. HANCOCK: Yes, sir. And this project is subject to permitting by the South Florida Water Management District due to the presence of wetlands on the site. Through dry detention and swale conveyance, the project will actually collect stormwater and move it to a dry detention area that is located here adjacent to the preserve. Within the dry detention, the water will be pretreated. There is some storage component contained therein. And let me verify, are we going into the preserve? Once the water's pretreated in the dry detention area, it then is going into the preserve area, which is Page 59 1" I 1~ ~ b I to' dece er 21, 2006 a wetland, and then ultimately discharging along the south property line, undemeath Whippoorwill Lane via an existing conduit, and then ultimately to 1-75 now, which lies well to the east. So what we're doing is gathering the water, pretreating it, discharging it through an existing wetland, which will help stabilize the hydration for that area, which has been a problem in the past, and then ultimately discharging to the east via 1-75 canal. COMMISSIONER KOLFLA T: Thank you. Looking also at this sketch that you have up there now, could you identify each of the four sides as to what type buffer will it be on those sides. MR. HANCOCK: Yes, sir. And that gets into a little bit into some of the deviation language that we can discuss. All properties within the activity center are required to have a 20-foot Type D buffer adjacent to roadways. So along Pine Ridge Road we are proposing a 20-foot Type 0 buffer. COMMISSIONER KOLFLA T: Excuse me, was that 20-foot Type D, did you say? MR. HANCOCK: Yes, sir. As we get into over here to Whippoorwill Lane, based on conversations we had with transportation staff, the applicant has agreed to grant to the county a 12- foot strip ofIand allowing for the improvements that Mr. Jarvi mentioned previously. And transportation indicated to us that they would support a reduction in required buffer width along Whippoorwill adjacent to that donation. What we are proposing as a deviation in the PUD is a reduction of the buffer width along Whippoorwill Lane from 20 feet to 10 feet along the area that that donation is occurring. It's important to note, sir, that we're not proposing a reduction in the type of buffer. It will still be a Type D buffer. It will contain the exact same vegetation within a 10-foot strip that you would otherwise have within a 20- foot strip. I believe that point was somewhat lost in the analysis that staff provided, or at least not mentioned. The second aspect to that is if you -- and those of you that have seen this before understand -- if you have a 20- foot buffer, typically, what you do is you plant your required materials at 10 feet and use the other ten for water management. Type D buffers 20 feet in width are planted within a 10-foot area and the other 10 feet is 90 percent of the time used for conveyance of water management. We do not need a conveyance swale next to the buffer because of the project design. So the net result of what we're proposing under this deviation will look and feel the same as any 20-foot Type D buffer. Just instead of having a conveyance swale in the back of it, the project will start at that point. So there's no material difference visually in what the buffer will represent. And I think that's critical to reviewing that deviation. Once we get past the point that the dedication occurs, that will revert back to the 20- foot Type D buffer for the balance of the buffer all the way back to the southern terminus. Across the rear of the property, the requirement is a 10- foot Type A buffer. And again, we've reviewed this with Hospice of Naples, and they're comfortable with the proposed plan of development, and have agreed to come back to them and discuss with them at every opportunity as development occurs here exactly what's going on and whether we can accomplish what they need to accomplish. And then across the western side here, again we're commercial to commercial, and it's required to be, I believe it's a I O-footType A. Let me verify that on my hard copy so I don't misspeak. Yes, sir, 10- foot Type A buffer. COMMISSIONER KOLFLA T: Ray, would you put on that insert that I handed you a few minutes ago. And slide down to 0 buffer, which is on the bottom of the page. Now, just so I understand fully what you're talking about, this width now, instead of being 20 feet will be 10 feet. However, the planting as described there will still be three gallons double row, heads spaced three feet on centers, at least two inches in height at planting and three feet in one year? MR. HANCOCK: Yes, sir. Page 60 16 /Lmb121~006 COMMISSIONER KOLFLA T: So the plantings themselves that are doing the screening will be the same as those shown on Buffer D. MR. HANCOCK: Yes, sir, they will. COMMISSIONER KOLFLA T: The only difference being that the width, instead of being 20 feet as far as land, will be 10 feet. MR. HANCOCK: Yes, sir. COMMISSIONER KOLFLAT: Could you locate on one of those other charts would show the plan, the 36-foot sweep entrance, where that -- isn't that the one that comes in off of Whippoorwill? MR. HANCOCK: I believe when you say sweep entrance, we're talking -- the entrance right here is planned to be __ and let me go to the SDP which shows it a little more clearly for you. You can see here sweep entrance means than it's a right in only. There's no exiting movement planned at that location, nor would Mr. Casalanguida permit one. So that kind of makes that a moot point. It's a right turn only coming in here. And that really is to, and provides a significant throat length to the dealership with the service being located on the far side. So we'd ensure that there would be no backup onto Whippoorwill. COMMISSIONER KOLFLA T: Is there any distinct dimensional differences between a sweep and a regular entrance on the right? MR. HANCOCK: Not really, other than the interior turn radius, which is right here. When we refer to a sweep, it really is talking about a larger radius there. So that based on turning movements, rather than having a deceleration lane that turning movement can be accommodated, at, you know, safely at a higher speed than would a 90-degree turn. So it's really just an increased interior radius in this location. COMMISSIONER KOLFLA T: Could you give me kind of an indication of the comparison of the maximum building heights that are adjoining residential in the A-zoned property next to this project? MR. HANCOCK: To the south of the property lies the Hospice of Naples. Its height, and I'm going to estimate it at about 25 feet. It's primarily a single story structure. As we move to the Kraft site, that is a -- I want to say a three-story, a three-story Class A office building. Its permitted height is 45 feet. Its actual height, I would assume, understanding Kraft Construction the way I do, would probably be 44 feet, II and a half inches. And who would blame them. As you get to Pine Ridge Road and across the north, there's a hotel over there which is, I think, four stories tall. The rest of the buildings are primarily single story buildings at a 25-foot in height. And as you go to the east, while immediately adjacent to us we have a Chevron gas station, which is as one-story height of20 or 25 feet. In requesting the increase in height, what we are looking at is we have Kraft over here at 45 feet. We have a hotel across the street at at least that height. We've got a hotel down on 1-75 at more than that height right next to the interstate. To require our property to drop down to 35 as it rises this way and rises this way didn't make a lot of sense to us. Not to mention, in order to include the Mobile Internet Technology company, we needed more room on the upper floors. The second site is in order to completely encase, if you will, the service area, we needed a much higher ceiling to allow for mezzanine. Those things dictated us exceeding 35 feet. And I believe we're about 42 feet per the design, Mr. Freeland? We're close to that. And again, we have an exhibit we can show you that shows the actual building. Mr. Kolflat, I don't think what you're going to see is, compared to the Kraft building and the existing structures, that what we're proposing is in any way, shape or form out of character with those, and that's why we felt comfortable requesting the additional height. COMMISSIONER KOLFLA T: Now your request here to reduce that buffer width to 10 feet from 20 feet is primarily to gain more space for the development? Page 61 I' t' " ( r:'!.-_ ""; I fi , t;L, A de~ber 21, 2006 MR. HANCOCK: To be perfectly candid with you, sir, it's about the only way my client could justify donating the land to the county. This land is very expensive. COMMISSIONER KOLFLA T: In working out the numerical figures on it, what I come up with it's basically 2.6 percent ofland for that ten-foot wide buffer yielding out of the total project. Is it that sensitive that you could not tolerate 2.6 percent? MR. HANCOCK: Let me put it in terms for you of the landowner. How about three quarters of an acre at $22 a foot? That's how the land is valued. And so when we look at it that way, it's not a matter of percentage, it's a matter of what he paid for the dirt and the loss of use of that land. So yes, sir, it is significant in value when you consider commercially zoned property on Pine Ridge Road selling upwards of$22 a foot and we're being asked to set aside upwards of three-quarters of an acre. That's the value determination that's being made. And the fact that the requested reduction has no material effect on the visual screening of a Type D buffer, we felt that at a minimum was a fair consideration. COMMISSIONER KOLFLA T: But that is the sole driving force for the request, is that you want more land for the development. MR. HANCOCK: We'd like to give away less land. COMMISSIONER KOLFLA T: All right, either way. MR. HANCOCK: But yes. And quite honestly, it came through the discussions with transportation staff. Unfortunately, what transportation staff said they would support by way of reduction, landscape staff apparently didn't agree with. COMMISSIONER KOLFLA T: I have one more question on the traffic impact statement. That's on Page 10, and it's under the left turn analysis, northbound approach. I'll give you a moment to find it. MR. HANCOCK: Page 10, yes, sir. COMMISSIONER KOLFLA T: Down there at the bottom of Page 10, it says the northbound dual lanes, left turn lanes should be at least 420 feet. And they go on to describe that as 275 feet of storage plus 145 feet deceleration, but 50 feet taper. And the next page then, on Page II up at the top, under the same subject, they talk about 470 feet, 325 storage length plus 1 45-foot deceleration with 50-foot taper, which is a difference in composition for the -- seems to me the same describes at one point in time. MR. JARVI: Yes, sir. There seems to be a discrepancy there. I can't offhand tell you what it is. I will note to you that back on Page 10, the second to last paragraph, the one that starts with the underlined left turn lane analysis, it does talk about if we do need -- if we go to a dual left turn lane scenario, you really only need 254- foot from a queue basis. So that will be a design issue that will be worked out with staff when we get that far, actually. COMMISSIONER KOLFLA T: What confused me is that the storage area was 275 in one case and 325 feet in another case, while all the other factors were the same. Why would the storage be different in those two scenarios? MR. JARVI: Quite frankly, without looking a little more, I can't tell you. But I'll look at this as Tim is answering other questions and l'l1 come back. COMMISSIONER KOLFLA T: That same discrepancy exists in the next left turn analysis westbound approach also. MR. JARVI: Okay. I'll look at those. COMMISSIONER KOLFLA T: Thank you very much, Mr. Chairman. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Oh, I thought it was Ms. Caron, but okay. CHAIRMAN STRAIN: Oh, I'm sorry. Did I-- COMMISSIONER CARON: That's all right. It's just quickly. I'm glad you have this up on the Page 62 1611,4 t:; December 2r,' 2006 screen. You're telling us now that this internet company is going to be on the second floor of the main dealership building? MR. HANCOCK: Yes, ma'am. COMMISSIONER CARON: Okay. Because according to our staff report, there are two buildings, and building number two was supposed to house the internet company. So let me just get the square footages. Is it, this main building, going to be 51,343 square feet? MR. HANCOCK: That's correct, approximately. It thought it was 53,000, but-- COMMISSIONER CARON: And this administration building or this office building that you're going to have, that's about 6,000, 5984? MR. HANCOCK: Correct. COMMISSIONER CARON: This major area of white, that's for future development? MR. HANCOCK: Yes, ma'am. And I'll be honest with you, we'd like to believe that that area will be required for the dealership. And the problem that Mr. Freeland ran into on Airport Road, we don't want to see that happen again. So he has purchased more land here than he needs for the short term needs of the dealership. He doesn't want to be hemmed in in the future. So the expansion may occur in that area to serve the dealership. If that's deemed not to be necessary, then the balance of uses in the PUD would control. CHAIRMAN STRAIN: Mr. Murray was next, then Mr. Schiffer. COMMISSIONER MURRAY: Please leave that document up. Where will vehicles that are subject to sale, where would they be stored? MR. HANCOCK: The primary area of storage and display -- and really, the site isn't built as much for storage as it is for display -- would be in this area up here between the dealership and Pine Ridge Road. As you know, there's a canal between Pine Ridge Road and the property line, which fortunately when the dealership is constructed, that canal certainly will be maintained a little bit better by Naples Nissan than it currently is by Collier County road and bridge, because it in essence is their front door. What we have built into that area are large contiguous island areas that will be landscaped heavily with walkways, a small pavilion here, and a parking area, and of course subject to the Land Development Code requirements for landscaping. But that will be the area for vehicle storage and display. COMMISSIONER MURRAY: Is there any -- assuming that they were very successful, would they ever use the parcel that's -- MR. HANCOCK: That is one of the discussions we're having right now, which is to -- as soon as we can get the SDP approved, do we want to come back and amend it and open that up for vehicle storage. And that assessment is occurring as we speak. COMMISSIONER MURRAY: Well, I know from the prior photo or drawing that you have an entryway in there and you -- and I wondered if that's what that purpose would be. Now, also, where you do have that other road that you're granting some kind of, I presume, an easement, I'm not sure what it is. MR. HANCOCK: Yes, sir. COMMISSIONER MURRAY: You have -- I'm trying to figure out where -- is that radius that you talked about there, that shifted radius was for the express purpose of allowing trucks to come in that bring vehicles? MR. HANCOCK: No, sir. COMMISSIONER MURRAY: Where will the trucks come in? MR. HANCOCK: The trucks will come in the, if you will, of three access points, the middle access point here __ thank you for pointing out. The southem access point here is more of less a placeholder. If this were to develop for use with the dealership, obviously this would not be necessary. And there's a long history to something that was originally planned across the back of all these properties to Page 63 16i1 A15 December 21, 2006 go from Whippoorwill all the way over to Livingston. But unfortunately when Kraft, when the Pine Ridge Center East and West PUDs came in and their development came forward, there was no provision made for an easement across the back of that property. So that potential connector between Livingston and Whippoorwill across the back of all these properties disappeared with the approval of the Kraft project. But that being said, the truck traffic would turn in -- and this was one questions the folks on Whippoorwill had, because they were concemed, actually right now, with the hotel over here, some of the trucks line up on Dudley. Our truck traffic will come into this access point and this access point alone. And if I might go to the next slide. What you can see here is there are offloading areas along that easement well inside the throat length of that. The trucks would turn in, pull into these areas off the right-of-way and offload. Most vehicle deliveries occur outside of the normal business hours, and so, you know, we've accommodated up to one 18-wheeler at any time in this location that would then offload vehicles onto the site. COMMISSIONER MURRAY: So you're saying that even though the roadway is being offered as a means by which people can interconnect, you believe that you will not have a situation ever or often where there will be a barrier to free movement. MR. HANCOCK: No, sir. And the reason also is that most automotive dealerships, when they receive parts delivers which come by semi, do it by way of a night drop. And we've provided within the site plan you see here a loading area across the service area. So even if we were to get two deliveries at the same time, we can accommodate both of those trucks within this site plan without impeding the access over and through that access easement. COMMISSIONER MURRAY: But the delivery of vehicles is something not usual to the evening, although it can happen. It's intended to be during the day, is it not? MR. HANCOCK: Let me ask Mr. Freeland to answer that for you. I don't know of any dealerships at the moment -- MR. FREELAND: They attempt to schedule as often as possible. CHAIRMAN STRAIN: You've got to use the mic, sir, and please identify yourself. MR. FREELAND: Ben Freeland, owner of Freeland Shoe. In regards to the shipment, they attempt to deliver vehicles in the evenings and weekends, if possible. But we do get some occasionally during the day. COMMISSIONER MURRAY: But the provision that you have there, I can't determine the linear function of that little side car thing there when the vehicles supposed to pull in. You said at least one semi could fit in there. MR. FREELAND: In this location off the access point, you could fit one 18-wheel semi here. And along this area of the facility there's room for another to stop. COMMISSIONER MURRAY: That seems reasonable, if the length of it is adequate for the purposes. But I'm leading really toward the question, the central question in my mind, we have A buffers where you'll be adjacent or abutting the property of Hospice of Naples. And the A buffer is hardly any buffer at all, very, very mild. And if you do intend to store vehicles there at some point, that's an ugly thing. And no A buffer is going to shield that at all. And I will tell you that I'm very uncomfortable with the A buffer to begin with, but especially because ofthat potential. So I would really ask you to reconsider the A buffer there relative to that. Now, perhaps it need not go all the way -- what I'm thinking of, a more dense buffer, it need not go all the way to the point where the preserve is. But certainly where it backs on that property it needs in my mind to be adjusted. I look every day pretty much when I drive by a place where I agreed with the person representing to put an A buffer in, and it's horrible. I see it all the time. It's absolutely horrible. It has Page 64 ,1- 1.6" A c:::. ," ~ eecember41,2006 never grown, it's too sparse and the plants die. Which brings me to the question I think that Mr. Kolflat asked as well. You've made a point, which I didn't realize, that they cluster, so to speak, or they space, the plants, within a 20, they put it in a ten. And the question that I had posed to myself here in these documents was are we clustering too close, will plants die as a result of that. So that was part of it. But as you can see where I'm going with my view here, I'm concerned with the A buffer. But I'm specifically very much concerned with an A buffer associated with any potential storage of vehicles in that area. And I think that the people in Hospice may not have had that advantage in thinking about that. And I think if they had they might have chosen a different response to you. So I'd like you to and Mr. Freeland to think about that as we progress. You see, what you made the case before is very strong. You said the value of the property is so great. And there's been no indication whatsoever as to what will reside on that property. And I surely think it will not lie fallow. MR. HANCOCK: There's some history there that I think I could help shed some light on your concem from the part of Hospice. And please understand, they have attended our neighborhood information meeting, had additional discussions with them, and we stand here today without any objection from them to what we're proposing. But let me try to knock those items off with greater clarity one by one. First of all, Mr. Krall, our chief engineer over design has pointed out to me that there's a second turnoff area for truck loading. So where I indicated there were two, there actually are three. This one is a second one that I'm pointing to right here. There's actually more room than what we originally had. COMMISSIONER MURRAY: Well, that's even better. Far better considering that was intended as a roadway. MR. HANCOCK: Yes, sir. And that was the intent also coming out of the neighborhood information meeting was not to block traffic moving through there or back up onto Whippoorwill. So that's why we factored that in. Mr. Freeland has reminded me that there was a kind of interesting partuership that occurred on the back of this property. Hospice needed a construction access in order to expand their facility. And they were granted a 60-foot wide access with the agreement that they would upon completion replant it to its native state, if so required. We have not required them to do that. And I think part and parcel of their consideration here is that that would be an expensive venture on their part. And so in looking at what may go back here, while cars may go there, it may also be an office building, which I think someone would find far less objectionable. And if there were to be any type of additional buffer requirement here, a Type B buffer for example is a vegetative buffer that can reach 80 percent opacity within one year. That may be a reasonable middle ground. But the actual conditions back here are somewhat ofa creation of Hospice. And so to place an additional burden on our side to fix something that was created for their convenience by them may be difficult to swallow. But your point's taken, Mr. Murray. And if that's the stipulation then -- COMMISSIONER MURRAY: I'm not sure that it will be a stipulation, I'm exploring it with you with the interest that all parties are served. Because ultimately when the county codes are inserted in these matters, they are to create continuity, conformity, et cetera. So I think if you contemplate another building in there, you'll have to put in a better buffer, I would presume. But I'm not going to suggest to you -- I'm not going to suggest to you -- when you're finished. I'm not going to suggest to you that you must -- I don't want hurdles jumped, that's not where I'm coming from. And if you had some prior arrangement with Hospice, I would agree. They're a not-for-profit organization, and I think that might be a significant burden for them. But I would urge you, or encourage you and Mr. Freeland too, in contemplation of the probable use of that property, why not get a jump on it and put in a B buffer now. And I think that might be helpful in Page 65 ...,.->---,--,.~-~."._"",",-_.-"--,,,'"-'-~- :'!!<u J1 '~ 16 '..1f\ '-, , December 21,2006 the long term. That's it. MR. HANCOCK: I thank you. And I hear you very clearly, Mr. Murray. And the one, that last item you'd mentioned, the reduction to a I O-foot buffer up here. I would like to remind everybody that this is their front door. And so allowing a buffer to fall into disrepair is not in anyone's best interest, in particular any business located a high traffic area. So, you know, that area would be maintained. It is our front door. And this corner is the most prominent and visible portion ofthe project. So hopefully, while the same plantings would occur in the 10- foot area, the maintenance is not an issue. COMMISSIONER MURRAY: Well, I'm not going to engage you in argument, that's not my purpose. But I just recently passed DeVoe Cadillac going down on whatever that road is, Solana, I think it is, and it's very obvious their buffer is not very high, their vehicles are very prominent. Now, ordinarily people become oblivious to things. But it probably from their point of view it's a great marketing opportunity. But from the point of view of protecting people and keeping our community as green as we intend it to be, I think that's something you to give consideration to. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLA T: On U.S. 41,just north of Inunokalee Road on the east side, there is a development that's being constructed now, that I believe is going to be a car lot for -- car dealership. Are you familiar with that at all? MR. HANCOCK: I have not worked on that one, no, sir. COMMISSIONER KOLFLA T: In going by there at the moment, they have at all statues with lights on it that shine down along the roadside, close to the roadside, where I'm sure they're going to display automobiles, and the lights are to light them up in the evening for visibility from the traffic. Are you contemplating any kind of extreme lighting on the Pine Ridge Road of this property? MR. HANCOCK: No, sir. As a matter of fact, we're limited to 25-foot on the light fixtures and they have to be shielded to reduce glare and spillover. And I think probably the most egregious example oflighting in a dealership I can think of is the Saturn dealership on Airport Road. As you drive under those lights at night, it's all you can do to refocus coming out the other side. And we -- you know, since that was approved or allowed, our lighting standards are different today. They would not allow that kind of glare and spillover to occur. But the other thing that I think adds to this is there's a larger degree of separation due to the canal that exists between the front edge of our property and Pine Ridge Road that will serve to further ameliorate any spillover concems onto the roadway. So the short answer, sir, I don't think that's going to be an issue. And I think it is actually improved upon by the existence of the canal along Pine Ridge Road. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, Tim, the drawing you have up there, which is going into the SDP, is that what you're requesting, if you get that deviation, or is that showing what you'd have to do if you didn't get the deviation? MR. HANCOCK: Actually, this assumes the deviation. As you can see, there's not 20 feet there, there's really more -- you know, a couple extra feet outside of that 10- foot buffer that exists. COMMISSIONER SCHIFFER: I'm just wondering why you are worried about it. And it is only down to about midway on the used car building, correct? MR. HANCOCK: Well, right now it is. It's actually all the way down to the first entrance. But based on what Mr. Jarvi is working on, if that intersection analysis determines that that dual left turn goes beyond that point, we are in essence on the hook for that 12 feet further down. Page 66 Dece~~r ~ 1~ 20~ 5 And what happens as you get further down is in essence if we have to go to 20 feet it knocks out an entire row of storage here, an entire row here. That's substantial. So that's the concern on our part. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions ofthe applicant? I've got a few. MR. HANCOCK: Mr. Jarvi has your answer to your previous question, Mr. Kolflat. MR. JARVI: Reed Jarvi, for the record. And actually it's very simple, it's what I thought it was. The first distance you have is in the background condition, and the second one is under total traffic, which would be background plus this project. The difference is 50 feet, so basically this project has 50 feet worth of the responsibility for the toll. COMMISSIONER KOLFLA T: So there are two different traffic conditions that result in those numbers. MR. JARVI: Yes. COMMISSIONER KOLFLA T: Thank you. MR. JARVI: The first is purely background, no project. The second is with project. COMMISSIONER KOLFLA T: The report did not state that. MR. JARVI: It actually says under -- the second ones both say under total traffic conditions. And then it goes on. The first paragraph talks about under background conditions. The second paragraph talks about under total traffic conditions. COMMISSIONER KOLFLA T: Thank you for the clarification. CHAIRMAN STRAIN: Tim? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Why wasn't this project sunsetted? MR. HANCOCK: That may be because -- I'll be honest with you, sir, I don't know. We submitted the rezone in May of2005. That may have had something to do with it. CHAIRMAN STRAIN: Ray, do you know? MR. BELLOWS: I'll have to check. CHAIRMAN STRAIN: Would someone find out before this meeting's over,just so we know? Ms. Student? MS. STUDENT-STIRLING: Yes. Before you had any further discussion, they're minor in nature, but I just wanted to let you know of a couple of changes that I had placed in the document. And again, they're minor in nature. And it's under the transportation stipulations. CHAIRMAN STRAIN: Can you refer us to a page and a section? MS. STUDENT-STIRLING: Yes, it would be my Page 14. It's 4.6. CHAIRMAN STRAIN: On the strike-through, that would be Page 16. MS. STUDENT -STIRLING: Okay. And then they talked about -- and I guess it's really -- I'm sorry, I guess it's really on my Page 15. Development order, without saying what development order. So we agreed that it would be site development plan, to take away some of the vagueness. CHAIRMAN STRAIN: Margie, could you cite us to the section-- MS. STUDENT-STIRLING: Paragraph O. CHAIRMAN STRAIN: Paragraph 0, section 4.6; is that what you're saying? MS. STUDENT-STIRLING: Uh-huh. And your language would just say a development order. So I wanted to know what development order. And it was agreed to put site development plan in there. And so any language in there would be consistent with the site plan, or site development plan. I think it would appear again in N and P. And also, there was a reference also in paragraph 0 just to say OR book and page. It's more professionally correct to say recording information. These are very minor, but I wanted to -- and in paragraph 4.7.A, there was a typo. It said dedicated, and it should have been delegated. Page 67 161'1 A 5 December 21, 2006 CHAIRMAN STRAIN: 4.7.A? MS. STUDENT-STIRLING: Yes, water management. It said Swiftmud, dedicated to Collier County by Swiftmud. I think the correct term is delegated. CHAIRMAN STRAIN: Okay, anything else. MS. STUDENT -STIRLING: I just changed some musts to shalls. And where resolutions numbers were left out, I put the term number in. But nothing of substance. It's just, you know, to clean up the document. The things I gave you were the substantive things. CHAIRMAN STRAIN: Thank you. Now, is anybody going to answer my question yet? MR. BELLOWS: Yes. For the record, Ray Bellows. I have the copy of the ordinance that approved this PUD. It was approved in 2000. The LDC at that time allowed for five-year time limit for PUDs. This petition for this PUD amendment was submitted in 2005, so it was within that five-year. CHAIRMAN STRAIN: So because they submitted the petition for this PUD amendment one month before the expiration of the PUD, the PUD did not expire and it just continued it? MR. BELLOWS: Well, I think staff allowed for the SDP to be submitted while an active PUD rezone or amendment was in effect. Under our policy, we allow for a petitioner to submit an SDP at the time the PUD's about ready to be scheduled for public hearing. CHAIRMAN STRAIN: But according to the sunsetting provisions, you have to have a certain amount of percentage of infrastructure and vertical construction completed on-site within certain time frames. This site is still forested. One month before the PUD was sunsetted, submission for an SDP was applied that didn't complete anything on-site. So now what you're saying is to the rest of the PUDs in this county, if you want to reextend your PUD and you're that close to the end, just simply submit an SDP. And the SDP has been in the process for almost a year. MR. BELLOWS: That's not exactly what I'm saying. What I'm saying is they've applied for a PUD amendment which we allowed them to be part of an SOP submittal concurrent with the rezone. CHAIRMAN STRAIN: Was the PUD amendment and the SOP submitted at the same time? MR. BELLOWS: I don't have a record on that. MR. HANCOCK: Mr. Chairman, we applied for a PUD amendment within the five-year window. And I believe Ms. Student will confirm that the filing of that PUD amendment staves off the sunsetting. We subsequently filed an SDP. CHAIRMAN STRAIN: If that's the case, why wouldn't everybody just do that instead ofletting their PUDs expire, that's -- MS. STUDENT-STIRLING: That's not exactly it. I think there's a misunderstanding of what sunset means. Sunset does not mean that the PUD designation goes away. It cannot mean that, because you have to have other public, advertised public hearings in order to make that PUD go away. But what sunset does mean is you're just not going to get any other development order approvals until the PUD is either extended or it's amended. So they have not gotten any other approvals. Now, how staff handles the submission of applications in this kind of scenario is a policy decision staff makes. But legally the PUD cannot go away without another public hearing, advertised public hearing and a rezoned to an appropriate zoning designation. And I think a lot of people think sunset means it automatically gets de-zoned, not rezoned. And that is not legally correct. Or it's not according to our code. So I hope that kind of straightens that out. CHAIRMAN STRAIN: No, it doesn't. Basically what I understand is if you have a PUD and you would normally have sunsetted, I understand what the word sunsetting means, I understand that in our code we have certain requirements in order to avoid sunsetting. But in this particular case, if you want to avoid sunsetting up until the very last day before the expiration of your PUD, you simply submit an amendment to the original PUD and you go and you start the process for as long as it takes. Page 68 16;1 tr t 1 December 21, 2006 MS. STUDENT-STIRLING: That's not the way I said. That's a policy -- that's how staff, I guess, handles it. Legally what happens, the PUD still remains, but you cannot get any development order approvals unless it gets sunsetted. It's my understanding that there have been no development order approvals of this PUD, but just pending development -- applications for development order approvals. So nothing has been approved. And that is my understanding how staff from a policy standpoint handles pending site plans. I can tell you how I think it ought to work -- MR. BELLOWS: For the record. CHAIRMAN STRAIN: Let her finish. MS. STUDENT-STIRLING: Excuse me. They have a pending site plan. This PUD's amended, they make them amend the site plan to be consistent with this new PUD. So no foul, no harm. MR. BELLOWS: I just wanted to put on the record that we would not have accepted a site development plan with the PUDs about ready to sunset. They wouldn't have been able to get it through in time. They would have been held up in the SDP not being able to be processed. The purpose of the sunsetting procedures is to either they file for the extension of they amend the PUD. They are amending the PUD, so we allowed them at some point during the review ofthe PUD amendment to submit an SDP as per our policy. CHAIRMAN STRAIN: Okay. I'm just trying to get to the point that if someone has a PUD and it's supposed to sunset in five years, in lieu of having to do any work on-site, both site work or vertical, they simply at four years, II months and 29 days, submit an amendment request for the PUD and it doesn't sunset, it stays the sunsetting and they continue their PUD indefinitely until this thing gets reamended; is that correct? MR. BELLOWS: Basically, yes. CHAIRMAN STRAIN: Okay. Well, that's different than what I've understood the code to be that we've seen many times. And I'm glad to know that now. MR. BELLOWS: If someone -- the purpose ofthe sunset procedures is to make them either file for an amendment or file for an extension. In this case instead of filing for an extension, they filed for the amendment. CHAIRMAN STRAIN: Okay. That's what I wanted to understand, Ray. Thank you. COMMISSIONER SCHIFFER: Can I ask a question on that? CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: What would happen if this application failed at the commission? MR. BELLOWS: Then the current zoning is in place and it would be sunsetted. COMMISSIONER SCHIFFER: Thank you. COMMISSIONER MURRAY: If! may. With regard to one of the items we dealt with this morning, that's pretty much what happened. The commission sent it back because it had reached that point and had them come in for an amendment. And it may not be exactly the same, but the net effect is the same, as I recall. I'm talking about the one that's hammock something or other. Not a significant point I'm making, but it is that a process as I saw it from the BCC was that they said hey, no, it's too late, you can't go. Go back and start over again. But here I see an amendment coming forward and you're saying that justifies it or rationalizes it being valid. MR. BELLOWS: Anybody can file for a PUD amendment. Even if it's sunsetted, they can file for a PUD amendment. MR. HANCOCK: Commissioner, unlike an lot of those amendments where are intended simply to stave off the sunsetting, that's not even close to what we're dealing with here today. This is being submitted for a specific purpose. I think the SDP that followed up the PUD amendment shows that we're not just trying to stave something off here, we're trying to get something accomplished. Page 69 _..........._,_.-._~~..- 5 'i' / I I c..'- ,;;r A DSember 21, 2006 COMMISSIONER MURRAY: Keep in mind, we don't necessarily receive an SDP process going. Because I myself, and I didn't bring it up, I had my note, sunsetting issue, question mark. And so I'm glad that Mark brought it up. All right. CHAIRMAN STRAIN: Tim, this is a fast track project through the EDC? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Do you know anything about this grant that MIT obtained from the EDC back in June of ' OS? Do you know what it was for? MR. HANCOCK: No, sir, I don't. CHAIRMAN STRAIN: Okay, I'm trying to understand why they qualify for fast tracking. MR. HANCOCK: Oh, by MIT, you mean the Mobile Intemet Technology? CHAIRMAN STRAIN: Yes, that's how they refer to themselves. It's auto to auto, but it's actually MIT is the primary company. MR. HANCOCK: Yes, Mobile Internet Technology is a company that exists here in Collier County today. If you'd like, Mr. Freeland can explain to you the focus of the company and how they qualified. CHAIRMAN STRAIN: I know all that. I mean, I know the focus of the company. I know what they do. They have three subsidiaries that do various elements of internet trading of cars or selling of cars. I'm trying to understand how they qualified for a fast track provision in Collier County. Who can best tell me that? MR. HANCOCK: Mr. Freeland can. CHAIRMAN STRAIN: Okay, thank you. MR. FREELAND: Again, Ben Freeland, I guess, owner of Mobile Internet Technologies. We worked with EDC and most of the grants were be provided due to job creation and targeted industry, being technology and high wage jobs for the county. But I think that's pretty much the basis of all the -- and that qualified for the fast track permitting as well. CHAIRMAN STRAIN: How did you qualify for high wage? MR. FREELAND: Due to the wage earnings of our employees. CHAIRMAN STRAIN: You're 75 percent of median income. You're not even at median income. So I'm wondering how that is considered high wage? MR. FREELAND: I met the EDC and Collier County's requires requirements as we went through the application. CHAIRMAN STRAIN: Is there anybody from Collier County here, Ray, that can answer questions. I mean, I'm wondering, ifit's high wage, if you don't even reach median income of this community, how is it considered high wage? Sixty-six one hundred is median income. You've advertised on your internet that you are creating 120 jobs in Collier County at the median wage of 50,000. That's 16, I 00 less than our median income wage in Collier County. I'm wondering how that qualifies as high wage. MR. FREELAND: State that again. CHAIRMAN STRAIN: The median income in Collier County is $66,100. On the internet your company and their press releases indicate that your average wage created by the 120 jobs you are supposedly producing in Collier County is $50,000 a year. That's 16,100 less than the median wage in Collier County. So I'm now trying to figure out how you qualify for high wage. MR. FREELAND: Well, I believe when we applied, I don't -- my recollection was the median income was not $66,000 in Collier County. CHAIRMAN STRAIN: It was just slightly less. I can tell you what that is. You applied with $65,000. So you're 15 the thousand below median income. I'm just wondering how that happens. Only because it's a fast track issue in Collier County, and the fast track program is conceming in the sense of Page 70 16 ~!embe121, ~06 who gets in and who gets out of that program. Mr. Klatzkow. MR. KLATZKOW: I'm not entirely sure high wage as defined by ordinances means the same as high wage, one would think high wage means. There's all sorts of percentages there. So that depending upon the area today, they can go down less than median wage would be. What I can tell you is that these applications are checked on an annual basis by staff and verified, so that if they met the parameters then, and they're still meeting them, it is what it is. CHAIRMAN STRAIN: I have no problem of what they pay people. That isn't my issue. The issue is they qualified somehow for fast tracking. Everybody in this county wants to qualify for fast tracking. And if we let people qualify for it without legitimate reasons, the whole county is going to be then under fast tracking. And I don't understand how this got into that system. It's a -- MR. BELLOWS: For the record, Ray Bellows. We in the zoning department had the same concems. We can't process everything as a fast track. That's a process -- it's really designed to work in conjunction with the Economic Development Council. And we have a coordinator on staff to work with the economic development council to ensure that or try as much as possible to make sure those projects that qualify are indeed, you know, the criteria. Unfortunately those aren't LDC criteria, that's an Economic Development Council criteria. CHAIRMAN STRAIN: I just would rather see things like fire departments and EMS centers and Sheriffs stations be able to qualify for fast track in lieu of car dealerships. MR. HANCOCK: Mr. Chairman, I do have the information that was provided to the EDC and their signoff on it. Honestly, it doesn't shed a lot more light other than the fact that it was submitted in Aprilof'05. The median income may have been different at that time than it is today. But quite honestly, we've been in review for 18 months. So if this is fast track, God help us all. CHAIRMAN STRAIN: Well, I think your fast track would have to be held up until can you got your PUD done, Tim. Your fast track is referencing your other permits, not necessarily your PUD amendment. And it isn't this board's fault or the county's fault that you delayed five years in the planning for that. You want to turn to Page 18 of the strike-through version of your PUD. There's discussion here concerning improvements to the road system and when you intend to be issued certificates of occupancy. The road system that's not mentioned here that I can see is the connection of Whippoorwill Lane to the Livingston Road connection. And I'm just wondering why. I mean, that's a vital connection to make this whole area work. And do you have any objections to tying your project to that completion? MR. HANCOCK: Yes, sir, we do. The primary objection we have to that is that this project does not rely on that connection for the simple reason that if you were to model the traffic coming out ofthis project, when that connection's completed, the percentage of traffic being generated from this site that would actually not go left towards Pine Ridge and Whippoorwill but go would go right and around to Livingston would be fairly small. That connection is critical. It's critical primarily to the residences that have already been approved on Whippoorwill, that was approved by the County Commission. So I agree, it's critical. This business primarily will have its comings and goings via Whippoorwill and Pine Ridge. That's why to that end Mr. Freeland has agreed to put himself out financially to not just design but make physical improvements to that intersection to correct an existing problem, which is people not able to get out of Whippoorwill. And those improvements far exceed his, if you will, percentage of responsibility. And as such has agreed to make those improvements up front to improve those existing conditions, to grant a 12-foot right-of-way that has a value in excess of $600,000 in current value, all to help solve that problem. We don't control when that connection's made to Whippoorwill. A private entity controls that. And so that is __ those are the reasons for why I feel that Mr. Freeland has done not just his share of what needs to be done to the intersection he impacts, but beyond his share. And I would request that that be recognized in any considerations today. Page 71 ..."-~,>.__."'-_..........,~--.~~."._~~-~~... A 5 December 21, 2006 CHAIRMAN STRAIN: Tim, the answers to my question about the connection, you're waiting to hold up your COs until that point, your answer is no, right? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Just so you know, a few weeks ago a project came through here called KO Whippoorwill, right down the road. They did not address this connection, and this board voted in a far vast majority not to -- recommend denial of that project. Between the time it left this commission and got to the BCC, that project worked out its problems in phasing with that connection. I'm not sure -- I understand your argument, but the people on Whippoorwill have to get out of that road. And you're going to be contributing to the impacts on that road. Granted, you're going to be making improvements, but I see no difference between you and your access to Whippoorwill Road and the others down south of you and why if they were asked to wait you can't wait. MR. HANCOCK: Actually, sir, there's a substantial difference. CHAIRMAN STRAIN: Tim, you just gave me a IS-minute dissertation on a one-word answer. I understand your position, I really do. If we could move on to Page 19. You have 4.1.0.A. It says an appropriate portion of the native vegetation may be retained on-site as required. I'm just not sure how the word appropriate fits into the document. You're going to be retaining what's required, not what's appropriate. So I think that language change needs to be made. It's a minor change. MR. HANCOCK: I'm sorry, the suggestion is to change it to the required amount of native vegetation? CHAIRMAN STRAIN: Just take off the words an appropriate portion of the, and start the sentence with native. MS. STUDENT-STIRLING: That will do it. CHAIRMAN STRAIN: My next question is of your traffic engineer, if! could. THE COURT REPORTER: Mr. Strain, would this be an okay time to just switch? You don't have to take a break, we'll just, real quick. Actually, she's ready. Thank you. CHAIRMAN STRAIN: We're going to take a break in about a few minutes anyway, but that's fine to switch. We'll just remain silent here for a couple of minutes, okay. THE COURT REPORTER: I'm done. She's ready. CHAIRMAN STRAIN: Okay. Thank you, Terri. And Cherie' said that once you're here, we can talk a lot faster. We will try to. Reed? c:) ,i " ~ ."1 MR. JARVI: Sir. CHAIRMAN STRAIN: As Nick has commented times in the past, we're supposed to be looking at these TISs in the worst-case scenario. The other projects this morning, even though big box retail had a higher IT trip generation rate, they argue that 820, because of the diversity in their PUDs, was justified. Now I'm looking at yours and it's just the opposite. Eight-twenty is higher than new car sales and general office buildings, and you're not using that, even though the PUD has a variety of uses, all of which are more intense than those two uses you decided to use, all of which, based on this PUD, could be put on that site. Can you explain to me why you chose what you did? MR. JARVI: The only explanation I can tell you is that when we were hired to do this, it was for a car dealership versus an office, and that's the only reason. CHAIRMAN STRAIN: Did somebody on staff accept this on your company's -- did you already submit this to the county and transportation accepted it? And I'm assuming that's Nick, so he's going to probably be the next person to explain this to us. On page 14 of your TIS, you're talking about a proportionate share payment. Are you expecting a proportionate share payment? MR. JARVI: This is a -- what we're talking about is the transportation concurrency management area in this, and as part of that, a proportionate share payment, which has now been changed to -- it's called Page 72 16 i'i" A l:\ Decemberi 1, 2006 something different in the new LDC, to -- it's not a proportionate share as Senate Bill 360. This is part of the transportation concurrency management area. And as part of that, if all else fails and you cannot do a link-by-link analysis or pass a link-by-link analysis, you can do transportation demand management strategies and pay a proportionate share to continue in concurrency. So this is all to do with transportation and concurrency management areas. At this point in time, we are not anticipating taking advantage of that because we think that we're going to be okay from a link-by-link basis. CHAIRMAN STRAIN: That leads me into my next question on the following page. You state that according to Collier County staff, a northwest TCMA is currently operating at 100 percent of the lane miles at or below capacity. Do you know what that percentage is? Do you know how close we are? MR. JARVI: It's actually -- the northwest, I think, is a 100 or in the high 90s. Yeah, this is the northwest. Is that -- I think it's -- it's in the 90s, if it's not a 100 percent. CHAIRMAN STRAIN: In the south section of the county, there was an area in 41 and 951, and if you recall, there was some problems with development proceeding in that area. And as it got closer to capacity __ and then what happened is we stopped de minimis impacts until that issue got resolved because we were so close to the maximum threshold. How is this any different than that? MR. JARVI: This proposal, if this was an SDP, which we'd be going through concurrency, which is what held that up, this would be -- this would qualify for concurrency. It takes -- there are -- there is a reserve capacity presently available on Pine Ridge Road that is higher than the car dealership would take. So there is reserve capacity available today. So you wouldn't have the same situation as the Wal*Mart, and then we __ further on as I said before, with Golden Gate Parkway interchange coming onboard in a few months, that will provide and even greater reserve capacity as trips are diverted from Pine Ridge Road to Golden Gate Parkway so we'll actually get better in the fairly near term. CHAIRMAN STRAIN: Okay. I think I'll have some questions of Nick to follow up on yours. Before you leave; Mr. Murray? COMMISSIONER MURRAY: Well, not so much that, but I wanted to -- before we do something else. I just wanted to bring -- not speaking on behalf of Collier County -- I'm sorry, the EDC, Economic Development Council __ but rather looking at the document. We've focused on the word median when I think this program, if you'll notice on their documents they refer to average wage. And I think that's what they're referencing here, average wage as opposed to a median baseline. So I don't know if that sheds any more light it or doesn't do or does do anything. CHAIRMAN STRAIN: Doesn't shed any light on it for me. COMMISSIONER MURRAY: I know where you were going with it, I believe, but I do think that this program is based on that and it's -- and I know a comment was made recently by commissioners who indicated that they thought that there wasn't enough money in there, but it was based on average. It is a good increment above. So that's my only thought. Just to bring that in. CHAIRMAN STRAIN: Any other questions of county -- of the applicant? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Okay. Nick, do you have a few moments you could spare? Since you've been sitting there so patiently for so long. MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation. Would you like me just to give you a brief overview -- CHAIRMAN STRAIN: Sure. MR. CASALANGUIDA: -- or would you like just to ask questions? CHAIRMAN STRAIN: You're always good at brief overviews. MR. CASALANGUIDA: Okay. Thank you. Currently there's five applications on Pine Ridge Road that we've turned down for not just concurrency but operational impacts. Ben's project being one of Page 73 '11~1S .~ .' ~cember 21, 2006 them. We've talked about different improvements down Whippoorwill, the connection to Livingston. That was done as a private developer contribution agreement about a month and a half ago in front of the board, which I brought forward. They have about a year to do the permits, and we anticipate maybe about a year to do construction. They said they'll have their permits in, and about six to eight months completed. So we're looking at 12 to 18 months before that connection is done. With Ben's project -- and for disclosure, I've owned a Nissan truck for 10 years, and I've purchased a Nissan truck from Naples Nissan. Nice guy, and I've worked with him. And I've got to tell you, when we looked at his project, I had to tell him in way happy face that I can't let this go because the intersection is failing, and there are issues. Consistency-wise, Mr. Jarvi is correct, we anticipate with the opening ofthe interchange at the parkway that capacity will come back on Pine Ridge Road. We have not reduced the trips through the SCOOT system, even though we've done a preliminary study and received a 6 percent reduction and delay on that roadway for that project. That said, we met with Ben and his attorney and Mr. Hancock, we put an extreme condition on his application. And I cringed a little bit when you talked about the Whippoorwill connection because I really forced Ben into a spot with this PUD. In section 0 of the transportation section -- make sure I'm saying it right. Or N, prior to the issuance of a development order, updated traffic analysis will be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge Road. So before he gets his site development plan approved, he's got to do an updated analysis. Mr. Jarvi has submitted a draft. That draft shows quite a bit of conflicts at that, long-term; and short-term, there are things that we can do. So we're looking at that. As we continued on, in 0 of this -- and let's see. In P, improvements to the intersection of Pine Ridge Road and Whippoorwill, which shall be completed prior to the first CO being issued to the subject property. What we've told Ben is, we know that all the problems at the intersection are not yours, but the fact ofthe matter is, it needs to be fixed, and we're not going to do it piecemeal, one, the turn lane here improvement, one west -- left bound -- westbound left turn lane improved slightly, one eastbound, and have construction in an intersection in multiple phases. So we need to do it in fairly big chunks. So those conditions that we placed on him says he's got to do the traffic study out of his pocket, and he has to do an overall improvement of that intersection out of his pocket, and we'll reimburse him in impact fees for anything that's above and beyond what's his fair share. But he's got to fix the problem before he gets to go. As part of that, we looked at the Whippoorwill connection. We thought it was more than fair to say, if you're going to do these improvements at this intensity, the westbound lefts, make those longer, the eastbound lefts on Pine Ridge, make those longer, provide dual left lanes coming out of Whippoorwill, donate the right-of-way, and you do all this before you get your first CO, was a pretty severe restriction we put on this application. The Cayo Whippoorwill application you mentioned earlier is doing absolutely no improvements. Their fair share may amount to 30-to 40,000 between the two connections. So they're not being proactive. They're waiting for someone to go forward. What we've sent -- done to Naples Nissan, or this application, is said, you need to fix it, and you don't get a CO until you fix it. Your fix is way beyond what you're causing but it needs to be done. So I wanted to put that on the record. CHAIRMAN STRAIN: Thank you. Nick, many times we've questioned the use ofITE standards in regards to the intensity of the project. This PUD has a lot more opportunities than an auto dealership. They could leave here today, pull that SDP and put in a grocery store. They could put in a retail store. They could put in the retail that they previously testified to. We have repeatedly brought these issues up in the analysis of the traffic impact statements. Page 74 jo+' 16.i 1 A ~ December 2'( 2006 We have been told they're supposed to do the statements to the worst-case scenario. Do you believe that this TIS is done to the worst-case scenario? MR. CASALANGUIDA: Probably not, sir. But to that effect, the application -- what Tim mentioned was this that was started in '05, this process as you go forward and what you've asked us to do. I think Brooks Village was one of the first ones we actually started looking at worst-case scenario. We caught that in time as it started to go through the process. Something like this, if it came in today, we would look at that. We'd say, what are you proposing, call that scenario B. You submitted a car dealership. And then give us worst-case scenario, C and A being existing conditions. Tell us what it looks like. I can tell you, Commissioners, that even if you went worst case -- and I don't have the exact numbers in front of me, the fixes we've asked them to do are way beyond the impacts of his worst case. The left turn lanes coming out of Whippoorwill -- and we spoke to the deviation Mr. -- Commissioner Kolflat mentioned. We actually met when Heidi Williams was working here, and with Mike Sawyer, and there was some comfort level with that deviation. I don't know where that diverged. But that buffer is towards a gas station. And Mr. Hancock is correct, that's a significant amount ofland we've asked -- requested as a donation to do that project. So we felt reducing that buffer by 10 feet and then giving up 12 feet of land was a pretty fair tradeoff with that. So we supported that reduction. CHAIRMAN STRAIN: Nick, you had sent to me at my request a schematic of a -- turning lane movements that was pretty detailed. And I don't know if you remember -- if you have it with you. It's this one here. MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: Okay. The improvements that are requested in the PUD, do they match what's on here? MR. CASALANGUIDA: No, sir. That's the broader study. Now, I will tell you that the improvements that are mentioned in the PUD that we work with now include dual lefts coming out of the intersection of Whippoorwill heading northbound, maxing out the left turn lane heading eastbound into Racetrac, maxed -- well, not maxing -- well, yes, on the eastbound left maxing it out. On the westbound left, adding sufficient storage to accommodate that traffic. What you see there, Commissioners, is what I'm going to propose to -- maybe to this board and the Board of County Commissioners, to stay. That fix will require some sort of MSTU. And I'm holding back, like I said, about five projects right now until I can figure out how to do that. But I can't do that in the existing right-of-way. So what we've proposed now is way beyond what Naples Nissan is doing. And when I say way, in order of magnitude of500 percent beyond what their impacts are in some of these movements. So I can tell you, if we do those improvements, we'll be way ahead of the game in the short-term. CHAIRMAN STRAIN: Okay. Any other questions of Nick while he's up here? (No response.) CHAIRMAN STRAIN: I better understand your transportation issues, Nick. Thank you for helping out with that today. I honestly don't have a problem with the improvements that they're willing to make. I think that's a good thing. I'm still concemed about the timing that they wish to provide versus that connection to Livingston, because Pine Ridge Road is not a very good road right now. It's no different than the other projects in this county that are on congested roadways. So thank you. MR. CASALANGUIDA: You're welcome, Commissioners. CHAIRMAN STRAIN: Michael, did you have a presentation, or a discussion, or whatever you want? MR. DeRUNTZ: I just wanted -- Mike DeRuntz, Principal Planner with Collier County in the Page 75 " # <F !Qll\!r.::: ~., ~ember 21, 2006 Zoning and Land Development Review Department. Just for the record you have a copy of the staff report. And in the staff report we've identified with the proposed changes and agreements by the developer and transportation, that it's consistent with the Growth Management Plan, and -- MR. CASALANGUIDA: I need to put something on the record for Transportation. MR. DeRUNTZ: Okay, go ahead. MR. CASALANGUIDA: I apologize, Commissioners. On the final document -- and it's the last transportation commitment -- 4.6P, the last sentence read, should the developer be required to improve the intersection, projects that contribute to the intersection traffic wiII be required by county staff to reimburse the property owner for the intersection analysis design and construction based on a fair share formula determined at the time of development order. We'd like to strike that out. We don't have a mechanism to colIect money from another developer, another applicant, and pay back this developer. What we can do is we can colIect money from a developer into the county funds and then reimburse Mr. Freeland through impact fee credits, so we'd like to strike that out. COMMISSIONER SCHIFFER: I have a question on that, Mark. CHAIRMAN STRAIN: Okay, go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah, Nick so what you're saying is that when you were making them do 500 percent above what -- the impact they have, the intent is that they'II be repaid for that? That's different. MR. CASALANGUIDA: Yes, sir. He wiII pay for his percentage of the impacts and he'II get impact fee credits for what he's doing above that, and what we would do is we would colIect the other projects that are coming in to pay for those impacts as well. COMMISSIONER SCHIFFER: So, in essence, he gets back the 499 percent that he didn't have to do? MR. CASALANGUIDA: WelI, not necessarily. COMMISSIONER SCHIFFER: Right but the intent is the same? MR. CASALANGUIDA: The intent would be, he's doing the project. We're not funding it. We don't have the funds for it. COMMISSIONER SCHIFFER: Okay. MR. CASALANGUIDA: But there are five other projects that are on hold right now, and we told them they have to pay their fair share, too, so they would pay into that. COMMISSIONER SCHIFFER: That's different. CHAIRMAN STRAIN: Yeah, that is different. Thank you for -- I appreciate the clarification. It does shed a different light it. Michael? MR. DeRUNTZ: I would also like to state that we've -- staff has reviewed this and has -- and has, in the findings have -- have recommended that it is compatible with the adjoining properties and we are recommending approval. We did state that we are recommending that -- a denial of deviation number one, which had to do with the request for the reduction in the buffer requirements along Whippoorwill Lane. The -- putting the stormwater in that 20-foot area can be done. It's not necessarily a given that it's going to be going into that area, and you know, that area's for green space, and that is what buffering is about. And they are going to be replacing a lot of impervious area at that intersection, and you know, staff is -- is recommending that the minimum of20 feet be maintained. CHAIRMAN STRAIN: Okay. Mr. Murray or-- COMMISSIONER MURRAY: Yes, please. CHAIRMAN STRAIN: Ms. Caron had notified me earlier she wanted to speak. Page 76 16J.L A 5 December 21, 2006 COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: yeah, Mike? MR. DeRUNTZ: Yes, ma'am. COMMISSIONER CARON: You have a copy of the strike-through and underline document, the PUD document? MR. DeRUNTZ: Yeah. Okay. Yes, ma'am. COMMISSIONER CARON: On page 9. MR. DeRUNTZ: Yes. COMMISSIONER CARON: At the top it talks about the project development plan. MR. DeRUNTZ: Yes, ma'am. COMMISSIONER CARON: And there's a list of acreage. Knowing the transportation issues, why are you recommending a more intense use of the property going from nine developable acres to l2.58? This is becoming catching, unfortunately. Say that three times fast. I mean, I'm just sort of at a loss as to why we would have issues and yet we would think it appropriate to intensify the use on the property. MR. DeRUNTZ: WelI, it isn't in an activity center, and commercial-- and what they are requesting meets what the Growth Management Plan has identified for that area. And we -- this is where commercial activities are supposed to be directed, and it's accomplishing that goal. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Murray, then Mr. Kolflat. COMMISSIONER MURRAY: Michael? MR. DeRUNTZ: Yes, sir. COMMISSIONER MURRAY: I didn't want to interrupt you. MR. DeRUNTZ: Sorry. COMMISSIONER MURRAY: No, no problem. With regard to deviation number one, which you have recommended disapproval, given the information that we received -- I'm sure you knew it anyway -- that 10- foot or 20- foot buffer is really within 10 feet, does that change your view at all in any way, given that that's a de facto condition, that it's always in the 10 feet? MR. DeRUNTZ: It's not always in the stormwater management there, but as I stated, that there is a lot of impervious areas, there's a lot of hard scape, you know, with all the cars. And, you know, as I identified it as rationale in my -- in the staff report, this isn't in an activity area. And as such, there were certain criteria that was incorporated into the -- this activity area, and one of those was the -- that we wanted to have __ you know, a sense of, you know, community, and character and having that sense of open space and green through this, these activity areas coming into our community. And as this interchange activity area is, as compo planning and the Growth Management Plan identified that 20- foot buffering along those arterial and collector roadways, it wasn't an important factor. And we were just trying to carry that forward. COMMISSIONER MURRAY: Well, I'm trying to square it out in my mind with, one, we've identified it, it's an acceptable use. MR. DeRUNTZ: Yes. COMMISSIONER MURRAY: It's an intense use. MR. DeRUNTZ: Yes, sir. COMMISSIONER MURRAY: And we're asking the folks to provide valuable land which reduces their capacity to utilize the balance of their land to some degree. MR. DeRUNTZ: Yes. COMMISSIONER MURRAY: And does it -- inasmuch as -- and you've said that that's not always __ that the plants are not always within the 10- foot space -- Page 77 r,o 'iI I In ,; December 2'1, 2006 MR. DeRUNTZ: Right. COMMISSIONER MURRAY: -- and you mentioned water. MR. DeRUNTZ: Right. COMMISSIONER MURRAY: Okay. It seemed -- I just wondered, were you aware -- I guess you were aware of the implications of it, and still you decide that that should be the case and yet we're willing to have an A buffer adjoin -- adjoining or adjacent, rather, to other locations, and that threw me. And you also said that they would not necessarily be putting water into the area of the preserve, but, in fact, the testimony was what they would be putting water into. And I just got a nod from Mr. Hancock. MR. DeRUNTZ: That was mentioning that in that -- they testified that in that 20-foot buffer along Whippoorwill, that those areas are commonly used as water management areas. And I was stating for the record, that's not necessarily, you know, a given that that's a water management area. We have used that as that in the past. And it is up to the Planning Commission if, you know, if they feel that there is justification based upon the facts that have been submitted and testified today that this deviation is justified, that -- you know, that is your privilege and -- to go forward and -- as a community project that, you know, this would help things out. So-- COMMISSIONER MURRAY: Well, I guess, part of what my question to you was, was based on your statement about so much impervious surface, which from their point of view, I surmise, they want to direct water someplace where it can be, you know, cleansed and so forth. And fine, I understand that we can change the view of that. But I thought that the deviation in consideration of what we learned, would not be -- I gave you an opportunity to qualifY it further if you had learned anything, and you apparently have not. MR. DeRUNTZ: No. COMMISSIONER MURRAY: Okay. MR. DeRUNTZ: And you're right, the water in their system is to go into the -- into the -- back to the stormwater management area, and you know, then it's going to go through that preserve area to the rear. COMMISSIONER MURRAY: One of my concerns -- and it's an interesting thought about your claim is that we have so much impervious surface, and it is, and inasmuch as they intend to store all of their vehicles in the front as it were. I mean, I wondered whether or not we challenged them in the first instance about the viability of that and -- but maybe not. So I don't know. Thank you. COMMISSIONER MURRAY: Yes, sir. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yeah. You indicated that opacity or -- or opacity or blockage of view, for a buffer, is the primary purpose of a buffer. In other words, with the screening effect, that's really why we want a buffer. I don't see how the width of 20 feet to 10 feet any way affects that. That's independent of it. Isn't that correct? MR. DeRUNTZ: It -- not necessarily. The width of this, you could space the trees staggered. It does not necessarily have to follow that the trees are in line perpendicular through there, it just says that there's a certain spacing. And as you have this 20-foot area, that ensures the viability of those and the health of those trees as the -- as then -- or we would have had 10- foot all along and we'd say these trees will be fine, but we know that's not the case. COMMISSIONER KOLFLA T: Yeah, but run that a little more to the left, Ray, that slide, where they show the distance between. Yeah, you're getting there, that's it right there. See, the spacing between the trees is 30 feet whether it's a 10- foot, 15 or 20- foot. That spacing is 30 feet, according to the standard. But the blockage of screening is that hedge, two double hedge row there, and they've agreed to do the double hedges. At certain prescribed size of the plants, it will form that screen. That's what gives us the screen. Whether that width is 10 feet, 15 feet, or 20 feet as far as the land Page 78 .1Ilo~ 1611 A 5 December 21, 2006 that it's on will have no effect on the opacity of it. MR. DeRUNTZ: Well, the trees act in a concert with the bushes, you know. There's a higher element and then the lower element, because we're looking at these buildings as what they're recommending, you know, 45-foot high. It's-- MR. BELLOWS: If I could make a point of clarification, too. The type D buffer has a variable width or depth as you can see in this part of the illustration. The wider the right-of-way width, the greater the buffer, in this case, 20 feet. And you know, what is Collier County -- one of the primary things that make the county the way it is is the landscaping. And we have really been, as a staff, trying to support the landscaping throughout our right-of-ways. And when you eliminate the depth of the right-of-way -- or the buffer, it will still have the hedges and the trees, but the cars then get pushed up closer to the right-of-way, and that affects the visual impact. And that's the reason we had a problem with supporting that deviation. COMMISSIONER KOLFLA T: Well, I support the concept, Ray. That's not the point. But I cannot see how the width of that land there has any affect on the opacity or what you're trying to do as far as the screening. MR. BELLOWS: It's not just opacity. It's when you reduce it, then the cars are being brought closer up to the roadway. And makes it also more -- a little more difficult to maintain the vegetation on the COMMISSIONER KOLFLA T: So you're talking about a five-foot change in setback or a 10-foot change in setback? MR. BELLOWS: Partially, yes. COMMISSIONER KOLFLA T: As far as the adjoining property. COMMISSIONER SCHIFFER: Ray, one quick thing though. Their SDP, which he testified that's what it is, shows it about 20 feet away from that buffer anyway. So he is in excess of what he would be, his parking lot, ifhe had a __ he could be up against that buffer. So, in essence, if that SDP is their SDP, they're doing something well in excess of putting it up against the edge of the buffer. Enough said, believe me. CHAIRMAN STRAIN: Yeah. We've -- out of two hours, we spent an hour talking about buffers, and I think we know the situation; staff wants this, the applicant wants that. I think we all can figure that out. Ms. Caron? COMMISSIONER CARON: Yeah. I just have two questions for Mr. Hancock. The EAC requested that you use pervious surfaces. Did your client agree to that? MR. HANCOCK: No, we didn't. And we've looked into it, and the cost to benefit just -- to be honest, it's not there. The impervious concrete or impervious asphalt tends to plug almost immediately the moment you get debris. So the additional cost doesn't really increase or decrease your runoff any significant amount. So it was just an additional cost without any really benefit. We did look into it per the EAC's request though and were unable to find anything of merit there. COMMISSIONER CARON: I wanted to ask you to comment on the increase in acreage and the decrease in water management area -- MR. HANCOCK: Yes. COMMISSIONER CARON: -- and easement. MR. HANCOCK: Yes, ma'am. I thank you for the opportunity on that. The previous PUD master plan contained more internal roadways than what this master plan does. The primary difference between the two master plans is that while we show a perpetual use easement going, you know, across the property in this location, the previous PUD master plan -- the previous PUD master plan showed an internal roadway coming across the project about here. It also showed a T roadway going to the south and this way, so there was more right-of-way. While this plan does open up conceivably more acreage for development, there's no cap on the Page 79 A 'c ) December 21, 2006 maximum amount of development under the existing PUD, so the actual end use here, assuming it is an automotive dealership -- and Mr. Freeland has spent significant sums of money through the SDP process. This is not a ruse by any means to go one way and switch to the other. The net result actually will be less square footage development than a typical retail center or an office complex could have under the existing zoning, and that's the best answer I can give you, Ms. Caron. COMMISSIONER CARON: Is that why we're losing water management area as well? MR. HANCOCK: The previous -- the previous site plan incorporated a lake instead of dry detention. The lake was sized to accomplish two things, water management and fill. In this case -- and quite honestly the land was a lot more expensive when Mr. Freeland bought it than when the previous owner bought it. The fill balance is driving the criteria a little less than it was at that time. The value here is in the land itself. COMMISSIONER CARON: Okay. Thank you. CHAIRMAN STRAIN: Okay. Are there any other questions of the -- COMMISSIONER MURRAY: I just have one final. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Early on I posed a question with regard to A buffer, perhaps, being brought up to a B buffer. Had you and your client had an opportunity to give consideration to it? MR. HANCOCK: Along the rear, along Hospice there -- COMMISSIONER MURRAY: Yes. MR. HANCOCK: -- if we can place a type B buffer in that 10 feet, which is reasonable, then we'll be happy to do that. COMMISSIONER MURRAY: That would be my recommendation on a B buffer. MR. HANCOCK: And I know nobody wants to hear about buffers, but type D buffers occur in 10 feet all over the county, so it's nothing new. COMMISSIONER MURRAY: Well, this one has -- this one has rights because it was posed earlier. MR. HANCOCK: Understood, and that's not an incumbrance on us, so -- COMMISSIONER MURRAY: That was ajoke. That was ajoke. MR. HANCOCK: The only other clarification I offer is, Mr. Casalanguida indicated that the improvements to the WhippoorwilllPine Ridge intersection would be subject to impact fee credits. The portion that is not resulting from the traffic of Naples Nissan of those improvements would be subject to impact fee credits. The donation of right-of-way is not. And that's several hundred thousands of dollars of value. So I don't wish that to be dismissed out of hand that we're going to get impact fee credits for the value of that land. We are not. But Mr. Freeland will have to up front the money for the design and improvements to that intersection and then receive those impact fee credits back as development allows. So that -- unless I'm misspeaking, Mr. Casalanguida, if that's an adequate clarification. He's indicating that it is. Thank you. CHAIRMAN STRAIN: Thank you. Ray, do we have any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. With that we will close the public hearing and entertain a motion. And Mr. Adelstein, did you want to make a motion? COMMISSIONER ADELSTEIN: Yes. I move that AR-7818 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations. COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Motion's been made by Commissioner Adelstein, seconded by Commissioner Schiffer. , - p.. . , Page 80 1611 A : Decem15er 11, 20& Discussion? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I would hope that we could revise that to reflect the removal of deviation number one for, I believe that the case has been made that the implications to the developer are highly negative and to __ in no particular additional gain to the county by causing them to move their setback further back, and so I would hope that that particular deviation would not be included. CHAIRMAN STRAIN: Well, I don't know if -- I guess we need to look at staffs-- COMMISSIONER MURRAY: Staff recommendation was that deviation number one be included. CHAIRMAN STRAIN: To not. Well, hang on a second, Bob. I want to make sure this is as clear as it can be. Staff recommended denial for deviation number one. Are you agreeing with staff or disagreeing with staff? COMMISSIONER MURRAY: I'm disagreeing with staff. CHAIRMAN STRAIN: So you're recommending approval for deviation number one? COMMISSIONER MURRAY: I would. I'm recommending that -- you've got me going now. What I am trying to suggest, that if the motion maker change -- is if the deviation recommendation is that they be denied the opportunity -- let's see. It's a deviation, so -- CHAIRMAN STRAIN: Bob, let's try to make this simple. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Are you in favor of staffs recommendation of denying deviation number one or are you against denying deviation number one, meaning you're in favor of leaving deviation number one in place? You want to give the applicant deviation number one or you want to side with staff? COMMISSIONER MURRAY: That's what I thought I said in the first instance, but thank you. Yes, I'm in favor of the petitioner's request that the deviation not be accepted. CHAIRMAN STRAIN: Wait a minute. The petitioner's request that it not be accepted? The petitioner wants deviation to be accepted. COMMISSIONER MURRAY: I'm sorry. You're absolutely right. It's late, and I apologize profusely for my ignorance. Yes, I'm trying to say that. CHAIRMAN STRAIN: Okay. So you want to -- you want to amend the motion to include approval of deviations number one and two. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Is that what you're saying? COMMISSIONER MURRAY: That's what I thought I said. CHAIRMAN STRAIN: And before -- and let's discuss that point before we go into amending the motion. COMMISSIONER KOLFLA T: That's what I'm going to do. CHAIRMAN STRAIN: Go ahead, Mr. Kolflat. COMMISSIONER KOLFLA T: I would urge the petitioner -- the motion maker to accept the suggestions that Mr. Murray made. COMMISSIONER SCHIFFER: Whoa. CHAIRMAN STRAIN: You mean the [mal conclusion ofMr. Murray? COMMISSIONER SCHIFFER: As the seconder, I second that assuming that we were accepting deviation number one for approval as part of the motion. Is that what the -- CHAIRMAN STRAIN: Approval as part ofthe motion? You mean you're in favor of the applicant's position on deviation number one? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. Does the motion maker accept that? Page 81 ---,-,,'-,""-,~.-_.-.".._~-' COMMISSIONER ADELSTEIN: I'll accept that. CHAIRMAN STRAIN: Okay. We're done with deviation number one. Are there any other issues for discussion? Because I am -- I already stated my position earlier. It's the same position I had, that the majority of this board had when we did Cayo Whippoorwill, that that section to Livingston Road, that connection is vital not necessarily for this project, but for the other people that have to get in and out of Whippoorwill that this project will impact. Therefore, unless that project agrees to the phasing, which they have indicated they will not, I cannot support the motion because I find it inconsistent due to traffic issues involving rezone findings one, six, seven, I I, 12 and 17, and under findings for the PUD, numbers one, three, four, six and seven, and all those are due to the issue on the traffic. So that will be my position. Any other discussion? COMMISSIONER SCHIFFER: I just wanted to say, Mark, the reason I'm not as concerned about it is this applicant's coming forward at great expense to do improvements to that intersection that benefits the whole county. I mean, obviously it was stated that he could get reimbursed, but I'm sure it will never be what's fair. So I think he's stepping forward to get his facility built by doing major, major infrastructure on that comer. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Would you please restate the motion as we're going to vote on it? Because I'm confused now as to what you presented. CHAIRMAN STRAIN: I didn't present it. Mr. Adelstein indicated he was recommending approval for the motion and then we had the stipulation that it included approval of deviation number one over staffs objection to deviation number one. And Mr. Schiffer seconded that. Deviation number two was already-- as well approved, recommended for approval. Okay? So the motion is for approval and deviations one and two for approval. Everybody clear on that? Any other discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor of the motion, signifY by raising your hand and saying aye. COMMISSIONER KOLFLAT: (Raises hand.) COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: One, two, three, four in favor. All those against the motion, same -- COMMISSIONER MIDNEY: (Raises hand.) COMMISSIONER MURRAY: (Raises hand.) COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: (Raises hand.) Two, three, four against. Tied motion, 4-4. And I understand that we can go forward with a tie "16/1 ~. ~ ~ 4,:ceniter 21, 2006 vote? MS. STUDENT-STIRLING: Yes, we can, but it's not a recommendation of approval. CHAIRMAN STRAIN: I understand that. I have no need to change it at this point. Does anybody else? (No response.) CHAIRMAN STRAIN: Okay. That's the way it will go. Thank you all. And we will take a I 5-minute break, or actually 16 minutes, and be back here at three clock. Thank you. (A brief recess was had.) Page 82 16ilA" December11,2006 CHAIRMAN STRAIN: Everybody please take your seats and refrain from any further discussion, please. As if today wasn't enough fun, Mr. Murray has decided to make it even more fun in that he is now __ was wishing to reconsider his vote at the last vote. So because this is a panel under different rules, the county attorney has had to go up to talk with the other county attorney to see if, in fact, there is a possibility of a reconsideration during a tie vote. That issue has been debated at other levels of government only to find out you can't reconsider a tie vote. We will get a response soon, and in the meantime we will continue that vote till after the next hearing on the Pine Air Lakes. So we'll go through Pine Air Lakes, and then after that, we will get into this reconsideration, if one is even allowed to be warranted. ITEM #8E - DOA-2005-AR-8543 ITEM #8F - PUDZ-A-2005-AR-8550 Item #8E PETITION: DOA-2005-AR-8543 MR. STRAIN: Okay. With that, we have petition DOA-2005-AR-8543, which is the Pine Air Lakes development order, and petition PUDZ-A-2005-AR-8550, which is a companion petition for Pine Air Lakes planned unit development, PUD. I've read them both because I -- unless I'm told I can't, I'd like to see us discuss this concurrently and then take separate votes on each document as we finish. So first off, will all those wishing to speak on behalf of this petition please rise to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Disclosures on the part of the Planning Commission? (No response.) CHAIRMAN STRAIN: Looks like I'm the only one, and I talked to Mr. Yovanovich -. I had two, actually __ Mr. Y ovanovich, and we discussed -- the traffic and the phasing has been the subject of every project today, and the second one, as I was leaving this morning, my wife said, you better let them put a Starbucks in. MR. YOV ANOVICH: She's a wise woman. CHAIRMAN STRAIN: So I guess that's lobbying if there ever is one. If you guys don't come up with a Starbucks, I'm in trouble. Okay. With that, would the applicant want to make their presentation, please. MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner, and now the chairman's wife. CHAIRMAN STRAIN: Better be careful. MR. YOV ANOVICH: I'm kidding. With me today are Jason Wagner, who's the representative of the property owner; Caron Bishop; Ted Treesh, who can answer any transportation related questions; and Russ Weyer, from Fishkind.1'1l put on the visualizer --I'm sure upside down. I'll let Ray help me. The Pine Air Lakes project, I'm sure everybody's familiar with. I refer to it as the Costco shopping center for free advertising for them. It is located on Airport Road north of Pine Ridge Road. Naples Boulevard is the bypass road that most people use to avoid the intersection at Pine Ridge and Airport, and it was constructed for that purpose when the original DRI and PUD were approved. The current zoning is a PUD. It contains 707,000 square feet of retail, and 250,000 square feet of office, for a total development of957,000 square feet. Page 83 _,'.,,1 b. 1 . I ~ecember 21, 2006 We have learned as this center has developed over time, that there is a greater demand for retail use than there is for office use in this area, and we're requesting to amend the PUD to convert approximately 175,000 square feet of the already approved office to retail and to increase the retail slightly. So we're requesting a million square feet of retail and 75,000 square feet of office in this PUD and DR! amendment. I've put on the visualizer the master plan of the -. not the master plan, but that's kind of what we envision right now as the users of the project, and that that is -- you can see, I believe who we have the existing users of the Costco, the Lowe's, the bank, and Sembler's project is on the south side of Naples Boulevard. You have Costco, you've got Best Buy, and then we have a couple of others that are under construction that we've labeled on there. We're pretty far along the process with KoW's, and that is actually going to be the subject of something I'll discuss in a little bit. That's the site where the potential interconnect or a future interconnect for the industrial park to the north will come through the Kohl's site. And I'll put an exhibit up there that's going to be attached as Exhibit C to the PUD document in a minute. We met with the Smart Growth Committee, and the Start Growth Committee wanted to make sure we did have interconnection between our project and the project to the north, and if possible, the projects to the west. And I'll get into -- the primary concern that we've heard through the years is transportation related, and we have several commitments in the PUD document to address transportation. And I'll take you through those commitments that are in the PUD document. We will be paying for two traffic lights on Naples Boulevard. One of the traffic lights will be at the rnovie theater and Lowe's entrance, and that will actually be where the future interconnect will come out __ and I'll show you that in a moment -- and there will be another interconnect to this area right here. That obviously -- that light probably will not come in for a while because it won't warrant a light there at this point, but the light for the Lowe's and movie theater, we would envision, would be installed fairly quickly. We will be adding a third left turn lane on Naples Boulevard heading north onto Airport Road. We have committed to doing that within one year of the PUD amendment approval. We will contribute $50,000 to the SCOOT system within one year ofthe PUD amendment approval. We will construct a bus shelter within one year ofPUD amendment approval. We will contribute $40,000 for four permanent traffic count stations within one year ofPUD approval. We will install landscaping up to the sum of $400,000 in the Naples Boulevard right-of-way within one year ofPUD approval. And finally, we will-- we will work with our neighbors to the north, and that's the Dodge dealership, to construct an interconnection across the Dodge dealership property, across what was shown to you on the previous exhibit as the Kohl's parcel that will essentially -- which will essentially take you through the industrial park across the Naples Dodge property onto our property here, across what you __ there's already a road behind all the other -- Costco and the Best Buy and the Lowe's. It will connect to that road and then come down the boundary line between the Lowe's and the KoW's site into this intersection right here on Naples Boulevard, and that's where the traffic light will be. So that would be the interconnect. Now, this exhibit -- and I've written it clearly on the exhibit. It's conceptual right now. We're going to work with your transportation department to do a better -- get the final design of what that interconnection will look like. But -. I'm sorry. CHAIRMAN STRAIN: No, Richard, I didn't mean to interrupt you but I didn't want to see anybody having to wait today for another two hours if they didn't have to. Margie, your resolution to the reconsideration; did it go or not go? MS. STUDENT-STIRLING: Yes. We have the answer. It can't be reconsidered because the language said, the motion must be made by one who votes with the prevailing side and there's no prevailing side. .4 CHAIRMAN STRAIN: Okay. Page 84 16 J 1 A 5 December 21, 2006 MS. STUDENT-STIRLING: It's the same as the BCC language. CHAIRMAN STRAIN: Tim, I thank you for your patience in waiting. MR. YOV ANOVICH: He actually represents the Dodge dealership. So if you have any questions regarding that interconnection actually happening, he's here to assure everybody that that interconnection will, in fact, occur. CHAIRMAN STRAIN: So he's the dealership guy, right? MR. YOV ANOVICH: You know, apparently he's got that market cornered up. CHAIRMAN STRAIN: I thought you were going to say car salesman type, but-- MR. YOV ANOVICH: No, yeah. I -- probably still viewed a little bit higher than attorneys, so I don't want to say anything. COMMISSIONER ADELSTEIN: And you're right. CHAIRMAN STRAIN: Thank you. MR. YOV ANOVICH: So that's the interconnect. We wanted to .- that's the Exhibit C that is supposed to be attached to the PUD document. We wanted to make it clear that it's conceptual, that the final design would be subject to SDP approval with your transportation department, and more importantly, we wanted to make it clear that we don't have to come back and amend the PUD if there's a change to what the actual interconnection looks like. So that's how we envision addressing the transportation related impacts of the project. We also addressed affordable housing. We actually looked retroactively for a portion ofthe project. So we are making a contribution of $206,424 for affordable housing, and that's based upon the retail that is yet to be permitted plus the additional retail that we're requesting as part of this PUD amendment. So that's where that figure comes from at 50 cents per square foot, and you'll see in the PUD document that we'll pay that at 50 cents a square foot as we come in with each building permit. COMMISSIONER MIDNEY: Excuse me? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MIDNEY: Did you say retroactive? MR. YOV ANOVICH: Partially retroactive to a part of the project. For those -- for those portions of the project that are in permitting right now or are already constructed, we will not be paying the fee, but for the portion of the project in the 707,000 that's already approved that's not yet permitted, yes, we are paying that 50 cents a square foot. So when I say partially retroactive, that's what I meant by that. The RPC has reviewed our development order and has recommended approval. Staff has reviewed both the PUD and the amendment to the development order, and they're recommending approval. And at this time we are asking that the Planning Cornmission recommend to the Board of County Commissioners approval. That's my presentation on the matter. We spent a lot of time with your transportation staff to hopefully adequately address the transportation related impacts for the project. And with that, we'll open ourselves up to any questions you might have regarding either the PUD or the development order. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray. COMMISSIONER SCHIFFER: Rich, one thing, it appears what's happening here is we're backing out all of the office space from this project. MR. YOV ANOVICH: Yes, sir. Not all of it. About 75,000 square feet will stay. COMMISSIONER SCHIFFER: And then there's another clause in there that you can take even out more and you have a ratio -- MR. YOV ANOVICH: Right now we have approximately 30,000 square feet of office either already constructed or in the permitting, so there will be 40,000 square feet of office for sure. So that-o approximately 35,000, Mr. Schiffer, square feet could come out of that with that conversion factor. COMMISSIONER SCHIFFER: Okay. So is that a good idea; do you think? I mean maybe market for you. But in terms of mixed use, isn't it better for us to have a place to go and do multiple things? Page 85 --_._,-^~-_....__..._----._---,~----.,..,~--, ,.- 1 . \ A'C; becember 21, 2006 Because it's losing its mixed use. MR. YOV ANOVICH: Well, actually we think -- if you look at this project, by -0 the uses that are already there, we envision that you probably don't need to leave this development for virtually any unmet needs regarding -- so you'll be able to 0- almost one-stop shopping within the development. Now, in your -- in your packet, you have, I believe, the master plan that shows you how each of the developments themselves are interconnected. So there's basically two frontage road systems within this project as well. And those frontage roads are on either side of Naples Boulevard, so you won't have to -- you'll be able to go on the south side of Naples Boulevard. You'll be able to go internally amongst all of the projects without having to go on Naples Boulevard, and on the north you'll be able to do the same. Now, obviously when you want to get on the south side, you're going to have to cross Naples Boulevard, but we're setting this up so there's interconnectivity within the various projects. And I wanted to point out -- because I heard this in an earlier presentation -. each of these individual sites meet their own parking requirements, so there's no -- there's no sharing of parking for .. off site to meet the parking requirements. So each one is analyzed stand alone for the parking requirements. So I hope -- from the mixed use standpoint, we think it stays but we just don't, frankly, think there's a lot of market for a lot of office uses out there right now. COMMISSIONER SCHIFFER: And you -- you said that you're going to put a traffic light in front of the Hollywood theater. I came here, my wife wanted a traffic light in front of Cost co, by the way. MR. YOV ANOVICH: I know. COMMISSIONER SCHIFFER: But -. are we supposed to disclose those wishes, Mark? I guess. CHAIRMAN STRAIN: Mine went even further. Everything he just said about the interconnection, I heard the same thing this morning. COMMISSIONER SCHIFFER: Right, right. So maybe we should have sent the wives in on this. CHAIRMAN STRAIN: No. COMMISSIONER SCHIFFER: Anyway, so -- MR. YOV ANOVICH: This is hard enough. COMMISSIONER SCHIFFER: The concern is that-- MR. YOV ANOVICH: I won't even tell you what my wife said. COMMISSIONER SCHIFFER: The concern is that these interconnection roads aren't quite yet built. In other words, the Costco light is a problem. But would there be a way that the developer could put the road in down to that southern area where -- which is the future development? There is like a road system that's developing like you described ". MR. YOV ANOVICH: Correct. COMMISSIONER SCHIFFER: -- to the north and to the south of Naples, but that road system isn't complete yet, and I think that may be the short-term concern over the traffic. MR. YOV ANOVlCH: Well, I believe part of it's being built right now. There's some -- I'll call it strip retail for lack ofa better word _0 that's going in right now, and I believe part'ofthe frontage road is being built as part of that. COMMISSIONER SCHIFFER: In that KoW's area? MR. YOV ANOVICH: Where am I? Right here. COMMISSIONER SCHIFFER: Right. I know that you"" I don't know if you still have to now, but recently you had to come back out to go from Costco to Lowe's, for example, unless you know the shortcut through the back. MR. YOV ANOVICH: You do, but if we built this -- and are we building that as part of -- we're building that right now. So you won't have to. You'll be able to go from Lowe's to over to, I'll call it Costco Road. Page 86 16/1 A December 21, ~06 COMMISSIONER SCHIFFER: And there will be a light there soon? That will be the -- MR. YOV ANOVICH: There will be a light here. COMMISSIONER SCHIFFER: Yeah. And so somebody concerned could go to that light if -- MR. YOV ANOVICH: Correct. When the -- yes, instead of trying to make a left out here. COMMISSIONER SCHIFFER: Okay, good. MR. YOV ANOVICH: Which I'm sure is the concern. COMMISSIONER SCHIFFER: Now my wife will let me in the house. Looking at the land use summary, it shows that the open space is roughly 22 percent. Aren't we supposed to, with PUDs, be 30 percent for a commercial PUD? MR. YOV ANOVICH: I believe this PUD we're not asking to make any changes and those are the development standards that were in place originally. I'm not -- Mr. Schiffer, I don't know if it's 15 percent or 30 percent, but that's the development standards that have been in place for -- at least since 1994. COMMISSIONER SCHIFFER: Right, but we are changing those today, aren't we? MR. yaV ANOVICH: Well, you don't have to. We're not asking to change the percentage of open space. MS. STUDENT-STIRLING: I think because this is a partially built out project -- and I don't know if all of it's been platted or not -- you might run into difficulty trying to apply a different standard now because of, you know, where the project is. They might not have room for it, in other words. COMMISSIONER SCHIFFER: Well, I don't know-- MR. YOV ANOVICH: Well, let me -- Mr. Schiffer, and we'll-- maybe the text of the PUD on my page 3, section 1.11, it does say that the minimum open space will be 30 percent or 44.7 acres. COMMISSIONER SCHIFFER: Right, so -- MR. YOV ANOVICH: So we'll have to meet that. COMMISSIONER SCHIFFER: Okay. So these calculations, which don't meet it, have to be -- MR. YOV ANOVICH: Will have to be adjusted. COMMISSIONER SCHIFFER: Right. I'm done. Thank you. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: l'l1 try not to be confused or confuse anybody else anymore. COMMISSIONER SCHIFFER: We beg of you. COMMISSIONER MURRAY: I'm looking at page 9 and 10, and my questions are going to really pertain to the issue that was raised in the staff report about the RPC's concern for transportation and housing. And I -- the fIrst thing I noted was on the demographic information on part three, you use 2.78. And I think a fairly standard number I've been seeing now again and again, especially in the AUIR, is 2.4, and so I don't know what the impact of that would be. But I go further now, when I go over to page 10, and the fIrst --let's see -- one, two, three, four, five, six, seven, eight, nine items, nine retail salaries, which represent 553 or 88.1 percent are the average wage .- is really below the average wage. And then if we go further on, we talk about a 10-mile or 20-mile radius, whatever it is, and we find out there's a huge number of spaces, both homes and apartments available. And I have to be honest with you, I don't know what I can -- or that I should even go after it, but it seems to be illogical. It seems to be -- and I know that's Mr. Weyer's area, so -- and I don't mean to attack anybody, but I looked at it, and I said, I don't -- we don't have a crisis if this is true. MR. WEYER: Well, Mr. Murray, for the record, Russ Weyer from Fishkind & Associates. These numbers were calculated using the East Central Florida Regional Planning Council's Methodology. That is the methodology that is recognized by the state DCA, currently not recognized by the local regional planning Council. But in order _. when we had -- we had calculated those numbers, the East Central Florida Page 87 It" 5 December 21, 2006 Methodology calculates, the demand -- the demand based on the number of jobs generated on the site, and they have a formula that you can go through that. We calculate the number of employees by income using the Standard Industrial Classification code, or the SIC code, and then from there they determine the head of households. Well, let me step back for a second. On that income, we use the SIC codes, and they have related incomes to those codes. Okay. That's where those codes have come from. They are disproportionate to our median income. You're used to hearing that median income, but the median income has a number of other pieces that go into it and that's why it is a little bit higher. Weare a very affluent community. The -- from that point, we determine the heads of household by the East Coast -- or East Central Florida Methodology, and then we determine the single worker versus multi-worker households, and then we add additional income factor to the multi-worker households, and that's where we come up with those numbers. That's on the demand side. That's where we get our salaries. On the supply side, if you actually delve down into the numbers a little bit, it shows there that we do have a shortage of the single-family homes, but a larger number of rental homes available, and they combine those two to take a look at it. And the single-family homes, we use ". they really ask us to use public -. public sector data, which is where we use the property appraiser data for that. We use the most recent 12 months of data, which we review to remove unusual transactions. You know, we want to make sure that they're arms length and also the ones that are very low and extremely high when we reduced it further to the market area itself. And owner-occupied sales to -- we -- to extract the market potentials so we take a look at those sales over the last 12 months to say those are proportional, the amount of houses -- this is the way the East Central Florida Methodology does it. That would be available .. or not necessarily available at this point, but they could be available at that point. And then what really bumps it up is the rental side. And the way they calculate the rental side, they use the 2000 Census to get the vacant rental units to understand the ratio of vacant rental units to the overall housing population. So in this case the ratio in this county is 1.72 percent of all the households are vacant rental based on the 2000 Census. Now, we don't have the 2005 update yet. That may change. Then we remove -- we took that, and we reduced it down to the 88,000 households that are in this 10-mile or 20-minute range. There's 88,000. You do the 1.75 percent, you come with roughly 2,300 units available. Then we reduced that by another 33 percent because of the rental -- or the condos that were being -- or the apartments that were being converted to condominiums, so we reduced that down by a third, which has been the ratio of the condominium conversion of apartments, which came up with the 1,600 units. COMMISSIONER MURRAY: Thank you. I appreciate all the gynmastics that you have to go through in order to achieve what you want. But where I have a problem is, for instance, using the page 10 of your document. The median -- you have the low, 8,500, and you have the median at 11,325. 153 retail jobs are falling in that category. And if those people are being paid those wages, they don't even come near to being able to occupy any of those places that we purport to have available for them. And I was just trying to square this whole thing in my mind. Look, I recognize that this is a composition and you're doing an exercise mathematically and I understand that you're maybe even relegated to be -- to having to use data bases that are not applicable here, although I would hope that somehow you could modifY them, and I thought your computer calculations would be able to do that. My concern is, like the RPC, it doesn't seem to square, and I don't have your technical skill or your abilities with your computer, and so forth, to go in digging. But just reading over and highlighting the various items that I see, I'm having a hard time appreciating it, and there are others here who are smarter than I and who can undoubtedly work it out. But I've listened to what you've said and I know you, and I trust you, but I -. I really don't , ~ , . ! q Page 88 J.O Ij"'''f I J1 5 December 21, 2006 understand these figures as being appropriate, I really don't. MR. WEYER: I understand that. And Mr. Murray, there are a couple of things to understand with this. First of all, the study was done over a year ago, so we have another year's worth of data which really should be applied to this. COMMISSIONER MURRAY: I wouldn't disagree. MR. WEYER: And the second thing to truly get down into the heart of that, you would need to do a survey of actually existing employees that are there, and I also would do a survey of the existing apartments that are out there. Those two pieces of data. Weare talking about data. We would need to have that data. COMMISSIONER MURRAY: Well, see, this is what worries me -- and I'm not going to take much more time on this because I'm sure there are other people with better questions than this -- but, quite frankly, we purport to have a crisis for affordable housing, and we speak about wages and we talk about, you know, how we can put people in homes, but the way these figures run, we're not going to be able to do that. Within 10 miles, 20 minutes, I don't believe that there are sufficient numbers of units available for people in the income categories that are demonstrated here, and I can say that absent any tecIrnical knowledge because, in spite of the fact that I read it here, it doesn't square for me. So I apologize if -- I don't mean to take issue with you personally, but _. MR. WEYER: Nope, I understand. You're not taking issue personally, I understand that. COMMISSIONER MURRAY: Okay. MR. WEYER: It's the methodology. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. Can you tell me how many square feet needs for one parking space of retail? MR. WEYER: That's an engineering question. COMMISSIONER KOLFLA T: Well, I want to know what's for retail and also for office. I'm trying to get a comparison of the two. I think -- I think the one is 300 and the other is 200 square foot. One parking space -- MR. YOV ANOVICH: Oh, what's the parking requirement per -- you want to know the parking requirement? COMMISSIONER KOLFLA T: Yes. MR. YOV ANOVICH: Okay. Well, it -- I'm being whispered in the ear. It will depend on the use, but it averages between one space per 200 square feet to one space per 300 square feet .- COMMISSIONER KOLFLAT: Which is the-- MR. YOV ANOVICH: -- for retail. COMMISSIONER KOLFLA T: Which is the most restrictive as far as parking, the retail or the office? COMMISSIONER SCHIFFER: The retail. MR. YOV ANOVICH: Well, again, that could -- probably will-- I would -- I think historically medical office is the most intensive parking requirements. And I think that's one per 350. So, I mean, it could depend on the use. Again-- COMMISSIONER KOLFLAT: So-- MR. YOV ANOVICH: Am I wrong, Mr. Schiffer? COMMISSIONER KOLFLA T: Are you saying -- you're saying that when we convert-- MR. YOV ANOVICH: One per three? COMMISSIONER KOLFLA T: When we convert-- CHAIRMAN STRAIN: You guys, one of you at a time, so .-let's not walk over everyone. Page 89 ~-_.~-_.".-.._---'-' 16 1 ~ 'ii . ".~ j December 21, 2006 MR. YOV ANOVICH: I'm sorry. COMMISSIONER SCHIFFER: It's Tor's turn. MR. YOV ANOVICH: It will depend, again, on the use, and we'll do that as each site plan comes through. The LDC has very specific parking standards, and if we bring that use in, it will be calculated on that use. COMMISSIONER KOLFLA T: Well, what I'm trying to ascertain is if you convert from office space to retail space, what is the impact on the parking requirements that go with that transfer? CHAIRMAN STRAIN: Well, there's a conversion ratio in the document; 420 square feet of office will work to 100 square feet of retail. MR. YOV ANOVICH: And that's from a transportation -- is your -- is your question transportation related or is your question just space? COMMISSIONER KOLFLA T: Parking requirements per the LDC. MR. YOV ANOVICH: Well -- and I don't want to -- it really -- it won't matter because when I bring a site development plan in and I say I want to do X square feet of office, my site's got to be big enough to handle the parking requirement for whatever that office is. So there's really not a ratio of one-to-one, two-to-one. It will, again, depend upon the use, so we're going to be bound by the size of our site and what amount of square footage we can put on there for any use. COMMISSIONER KOLFLA T: Well, I'm trying to ascertain what happens when you make that conversion from office to retail as far as parking requirements. MR. YOV ANOVICH: It could go down; it could go up. It will depend on what the use is. COMMISSIONER SCHIFFER: Mark, let me just say what I know. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: It might help. The retail would be one per 200 office, one per 300. There is medical office, which is l-to-250. But the point Rich is making is that the parking lot and the building will be designed to match whatever it is. MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: Right. So I mean, the issue of parking related to structure is taken care of in the SDP stage. It doesn't -- it has no impact really on what we're doing. COMMISSIONER SCHIFFER: And they have the ability to build over parking garages here, so parking's -- they'll be able to provide parking. COMMISSIONER KOLFLA T: Do you have any idea what Coastland Mall, their area is retail space wise? MR. YOV ANOVICH: I really don't know. COMMISSIONER KOLFLA T: I don't either. I was just curious whether-- MR. YOV ANOVICH: I don't know. COMMISSIONER KOLFLA T: I'm trying to make a comparison, because I go up there a lot and that parking is always a problem to me, and I was afraid with more retail, it might aggravate the problem, as opposed to office space. MR. YOV ANOVICH: W e'll-- again, we'll have to meet the county's requirements and we're not sharing -- like I said, we're not sharing parking from parcel to parcel. I mean, each individual parcel is meeting their parking requirement. So Costco is not using Best Buy's parking. They're each stand-alone for calculating the required space. They could share the spaces, but for calculating the required number of spaces, we're meeting them individually. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Okay. Any other questions of Richard? (No response.) Page 90 161J l f 5 December , ido6 CHAIRMAN STRAIN: It can't be that easy, Rich; sorry. MR. YOV ANOVICH: You notice I didn't really quickly run away. CHAIRMAN STRAIN: Yeah, I know. In your development commits you have some recreation improvements required, and to date you've provided a fountain and a courtyard constructed along Airport Road Lake. I'm trying figure out what up there do you think meets a recreation improvement along Airport Road Lake. I know the lake. I know there's a sidewalk out by Airport Road with a couple benches on it. Is that the recreation area? MR. YOV ANOVICH: Mr. Strain, could you tell me which page you're reading from? CHAIRMAN STRAIN: Yes. Your monitoring report, item 2E. I just need to know if you're planning to do any more improvements to meet your commitment for recreation improvements, that's all. MR. YOV ANOVICH: Well, if staff believes we've not met the requirements, we'll have to do additional improvements. If staff agrees that we've met the requirements, I think we're going to stop there. CHAIRMAN STRAIN: Okay. I didn't know if this was a continuation or just the only reference there was in there. MR. YOV ANOVICH: I'm just looking real quickly on that. Well, I'll have someone look at the PUD monitoring report while you have -- if you have other questions. CHAIRMAN STRAIN: I do. In the Fishkind report, they talk about 628 jobs being created by the retail that is yet to be built in the office that is yet to be built. That's an estimate. Russ, it's on your pages. MR. WEYER: Yes, sir. CHAIRMAN STRAIN: How many homes would be needed to house 628 people? MR. WEYER: Again, the calculation in there is in the report as well, and I'll get into it. CHAIRMAN STRAIN: The only reason I'm suggesting is that they're talking about 78 homes originally. I think you guys wrote a letter-. MR. WEYER: Originally the demand -- Mark, that was off the original -- just the new square footage that they were requesting. CHAIRMAN STRAIN: Okay. So-- MR. WEYER: That's the difference. CHAIRMAN STRAIN: Okay. So it wasn't the unbuilt square footage? MR. WEYER: Correct. CHAIRMAN STRAIN: It was just the new square footage? MR. WEYER: Correct. CHAIRMAN STRAIN: Okay. MR. WEYER: That's the difference. CHAIRMAN STRAIN: Also, I notice you have a letter that went to Cormac dated May 12,2006, and that the letter was signed by Cormac agreeing to a $78,000, basically, payment based on that per unit calculation. MR. WEYER: Correct. CHAIRMAN STRAIN: His letter was overturned by RPC, which is a good move. But in order for Cormac to sign this as a commitment by the -- that you had to meet and as a future sign-off against impact fees, do you recall if you had to make a presentation before the Board of County Commissioners to get this approved? MR. WEYER: We did not have to make a presentation to that. Although if you notice in what he did sign, it says, that's based -- that's subject to approval by the Board of County Commissioners. CHAIRMAN STRAIN: Well, I just was surprised that a staff member could sign off on a value that had such a large discrepancy between what was submitted by an applicant and the RPC, especially one in charge of the housing division of the county. It was interesting. Mr. Y ovanovich, how many square feet do you think you have on site? Because I have a letter from Page 91 _.._..._-",.._-~...,-- 16 i 1;" 'F December 21, 2006 PMS of Naples dated February 24,2005, that provides the amount constructed, the amount under permit, and the amount in -- permitted but not yet built. And it totals 667,000 square feet. And I believe in our discussions you believe you had more than that, so I'd rather figure out how you got to your number. MR. YOV ANOVICH: Let me -- we have a spreadsheet. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: We're going to -- we'll compare that number. You're saying __ MR. YOV ANOVICH: Who gave you that number, CDES; is that what you said? CHAIRMAN STRAIN: No, PMS of Naples, Inc. MR. YOV ANOVICH: Oh, PMS. I thought you said EMS. I'm-. CHAIRMAN STRAIN: No, PMS. We'll get to EMS issues in a minute. It's dated February 24, 2005. So it's a little bit old, but I just need to make sure -- and I know that we're going to be getting into the phasing of the project-- MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: -- and it's going to be conditional on the amount of you -- what you have in the ground. MR. YOV ANOVICH: W e'lllet you know. It may be -- that data, I'm sure, is a little bit old, but we'll get you the current number on our books. CHAIRMAN STRAIN: Okay. In your transportation issues -- and I'm going to just take these randomly because that's how they are presented in our package, so we'll just have to hit and miss. They talk about improvements that you're intending to make, but I do not see an improvement to the stacking lane on Airport Road northbound going into Naples Boulevard. And maybe Nick needs to address the length that's needed to accommodate that stacking lane, because right now it over stacks into Airport Road and causes congestion moving north. Are you -- well, I'll let Nick address that, but I wanted to make you aware that's an issue that we didn't discuss and that needs to be looked at. Nick's moving his way -- Nick? He's right behind you. I might as well ask him the question while he's up here. Nick, could you address that stacking lane on Airport Road? MR. CASALANGUIDA: Sure, Commissioner, I could. I've spoken -- for the record, Nick Casalanguida, Transportation. Field observation, and even in the report, it talks about the delays being long. And yes, we've talked to the applicant about lengthening that turn lane and storage and actually maxing it out until it's back to back with the opposing left -- southbound left turn lane. So I think that will be done. I think you could probably put the same requirement that you have done throughout the PUD, within one year, that they'll do that improvement as well, too. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: Jason, don't cringe. CHAIRMAN STRAIN: Nick, also in the -- while you're up here. In the transportation section of the document, they ask if the board -- they state that the Board of County Commissioners would be required by the APF to establish an ASI around the road segments if there are any that are needed. Do you know of any ASIs established by the board, or have there been any, areas of significant influence? MR. CASALANGUIDA: In the past I believe there has, sir, but nothing around this project. CHAIRMAN STRAIN: Nothing around the project? Okay. The deficiencies -- or I shouldn't say the deficiencies -- Nick? MR. YOV ANOVICH: Oh, still Nick? CHAIRMAN STRAIN: Oh, yeah. The impacts of the project, one of the comments was, for purposes of this development order, the DR! shall be deemed to have a substantial impact upon a deficient road segment ifits traffic impacts exceed 5 percent of the level of service D, peak hour, peak season Page 92 16/ 1 A 5 December 21, 2006 capacity of the roadway. Well, every segment in that area is at level of service E. So wouldn't that mean they're already beyond the level-- the 5 percent of the level of service D? MR. CASALANGUIDA: Yes, sir, I believe it would, if that's the case. CHAIRMAN STRAIN: Okay. Well, that came from the RPC. How are we -- are we not addressing that? MR. CASALANGUIDA: Sir, some other things I could probably bring up as far as the project's concerned. When they did the analysis on the project -- and this may not directly answer your question, but I should put it on the record as well, too. The 2006 AUIR that's coming forward shows a decrease in traffic on Airport Road due to the fact that Livingston's open. I want to put that the record. I don't know why they're doing different than we would do in a normal concurrency analysis, why they're going 5 percent, which is a higher threshold, as opposed to 3 percent that we do. But we did our normal analysis that's required by our requirements when I looked at the project, 3, 3, 5, level of service exceeding failure on any ofthe segments. CHAIRMAN STRAIN: Well, when RPC recommends something and it involves transportation, does your department then just not read it? MR. CASALANGUIDA: No, sir. I've spoken to Dan Trescott about this project, and he did defer to us. And he said if we were comfortable with the traffic impacts -- we went through the mitigation list of what they were going to do, and he felt comfortable with what we had done. And I think -- I believe they recommended approval based on our approval. CHAIRMAN STRAIN: Well, I have the recommendations, and their recommendations include what I read to you, which is why I'm wondering why they're using 5 percent ofD, which we're looking at 3 percent of E, aren't we, or -- MR. CASALANGUIDA: Three percent of the adopted level of service standard. CHAIRMAN STRAIN: Which is E. MR. CASALANGUIDA: Which is E. CHAIRMAN STRAIN: So if you were to look at a D to E, you've got to be a higher percentage just to drop that level of service down, so they would already be problematic by what the RPC seems to be saying. I'm just trying to understand it. I don't know why they would have said that. Did you have something? MR. CASALANGUIDA: We did coordinate with them. CHAIRMAN STRAIN: Yes, ma'am. COMMISSIONER CARON: I just wanted to ask Nick, improvements to Naples Boulevard going down to Pine Ridge -- it's not part of their property, but are we able to make intersection improvements there at Naples Boulevard and Pine Ridge? MR. CASALANGUIDA: We can -- we can look at that when SDPs come in. I think I made a -- I briefly looked at that. I think the critical movements were at the Airport and Pine Ridge -- Airport and Naples Boulevard intersection. I don't think we -- I think we were right-of-way constrained at the southern intersection, and they hold -- own the property at that location. COMMISSIONER CARON: Right. I guarantee you there's a major problem coming down Naples Boulevard heading toward Pine Ridge taking that right-hand turn. You need another lane there or a lengthened lane because it is always stacked. It's a real-- I mean, it's a real issue. It's a real problem. MR. CASALANGUIDA: I will make a note to look at that when they submit their SDP for the Kohl's. CHAIRMAN STRAIN: In your PUD document, Richard, and on -- Nick, I think that's -- oh, no. I've got some more transportation, but allow me to go in order, if] could-- Page 93 16"" 1~ 1 I " S December 21, 2006 ' MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: -- because there's just too much in this folder. Richard, there's a reference to a floodplain hurricane evacuation. And it says, the proposed retail commercial and office development contains a large amount of common area, that it could be used as refuge in the event of a hurricane. This would constitute a use of regional benefit. And it's actually an amendment to your development order. How have you addressed that issue? MR. YOV ANOVICH: I believe -- doesn't it say that that requirement's going away because it's a retail use and they're really -- there no longer are -- CHAIRMAN STRAIN: I guess I didn't see that. That's probably why I'm asking that. MR. YOV ANOVICH: I believe that my recollection is that that's being deleted from the development order because at one time there was a hotel use, and maybe that is what they were discussing, but it's all retail now so there's really no -- there's no area being set aside for hurricane related issues. CHAIRMAN STRAIN: Well, let me read it again. The proposed retail commercial and office development contains a large amount of common area that could be used as a refuge in the event of a hurricane. It looks like they've understood -- MR. YOV ANOVICH: Can you tell me what page you're reading from, please? CHAIRMAN STRAIN: Page 5 of your -- I have so much paperwork on these two issues -- of your section I amendments to the development order. It's an inch and a halfback into the stack of documents we received. MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: And they crossed out the following: According to an email from Dan Trescott dated 3/24/06, this is no longer appropriate. They actually crossed that out as though they were trying to put this back in, so now I'm trying to understand what it is you're supposed to be __ MS. STUDENT-STIRLING: Mr. Strain? CHAIRMAN STRAIN: Yes, ma'am. MS. STUDENT-STIRLING: If! may, it wouldn't be appropriate to refer to a letter from the Regional Planning Council really, I don't think, in a development order, and that was never in the original development order to begin with. I think it has strike-through language there because at one time it was in the proposed amendment, and then they took it out of the proposed amendment, and that's the confusion. But there was never any reference in the document as it presently exists to a letter from Mr. Trescott, nor should it be. CHAIRMAN STRAIN: Okay. Margie, I'm reading from the amendment to the development order. MS. STUDENT-STIRLING: I know, because one of the iterations I saw, that language was in there, and Ms. Deselem and I -- I questioned, why would you put language like that in a development order? So I think it shows as a strike-through as changes from one proposed iteration to another proposed iteration, but that was never in the development order as it now exists, is what I'm trying to explain, that it's a strike-through, because it's a change from one iteration to the next. CHAIRMAN STRAIN: Okay. The purpose I was trying to make is another explanation, that in response to Mr. Y ovanovich's concern that this was something that was taken out of the development order, I'm trying to show him that apparently someone thought that it should be in the development order by the mere fact they included some language and struck others referring to his email. I'm not saying the email language should be in there. MS. STUDENT-STIRLING: Okay. CHAIRMAN STRAIN: I'm saying that's evidence that this is in there. MR. YOV ANOVICH: Mr. Strain, that's a typo. When -- the note from Mr. Trescott is not -- that was just a note. The section is supposed to come out about the emergency management. Okay? That Page 94 I ' . .. It:,.I. A t:: DeHrhMr 21', '2006) should have been a strike-through as being deleted, not just simply deleting the note. I understand what you're saying. CHAIRMAN STRAIN: Right. MR. YOV ANOVICH: That paragraph itself was supposed to -- paragraph 4, I think you're reading from, correct? CHAIRMAN STRAIN: Yes, I am. MR. YOV ANOVICH: That is supposed to be deleted. That is supposed to be struck through. CHAIRMAN STRAIN: Okay. The fact that it is a typo, I mean, ifit is a typo, one concern I would have then is that, depending on how this goes forward from here today, that before it gets to the BCC, someone gets together with Dan Summers -- MR. YOVANOVICH: We'll verifY it. CHAIRMAN STRAIN: -- and gets this squared away. MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: Because that is an important issue if it does apply, and I hate to see it drop through the cracks. MR. YOV ANOVICH: We will-- we will confirm that that's not necessary for this particular project. CHAIRMAN STRAIN: You requested a deviation; staff recommended denial. Do you have any discussion on that? And let's hope it's not -- let's not get into buffers. We could be here till midnight. MR. YOV ANOVICH: I think what I -- I hope I'm not speaking for Mr. Casalanguida, but I think what we've agreed to is to incorporate into our PUD docunlent the recently adopted LDC amendment that essentially says that if we do the interconnection and we lose parking spaces because of that interconnection, we don't have to replace them. That's what I was requesting the deviation for. And that's what the LDC has recently been amended to say. My concern is, is the evolution of the LDC, that at some point that provision could come out of the LDC, which would mean I have -- if] built office space or retail space and the interconnection occurs on the west side of the property in the future, then we lose 10 spaces -- let's just say we lose 10 spaces because of that interconnection. The person who built the building then has two choices. Try find another place on the project __ property to find those 10 spaces if they can do that. If they can't do that, then they've got to kick some tenants out and use some less space -- and have less retail space for a building they've already constructed. So what we're trying to do is make sure that if the interconnection occurs and it's on an already improved site, we would not -- and we lose some parking spaces, we would not be punished for allowing that interconnection to occur. That's all I was asking for in the deviation. Mr. Casalanguida tells me that's what his LDC amendment says. I would just like to have that in the PUD that's further assurance in the future that if there's a change in the LDC, we don't somehow get hurt. CHAIRMAN STRAIN: I did see the language as well in the PUD summarized somewhat. Ray, ifit is in the PUD but staffs recommending denial of this deviation, what does that mean? I mean, staffleft it in the PUD and -- MR. BELLOWS: It would come out if the Planning Commission and board chose not to. CHAIRMAN STRAIN: Okay. 1-- if that is the change to the LDC that, in fact, is going through, it would seem unfair to have someone first abide by the LDC, and then if the LDC changes, have them have to suffer as a result of that. It seems that it would be a nonconforming use by right or something like that once they have conformed. So I'm not too concerned about it at that point. Does staff have an alarming issue over that, or is it __ are they losing any sleep over it? Page 95 ,-, ft c "1/l (.' l~L' => 5 December 21, 2006 MR. BELLOWS: I'd like -- MR. YOV ANOVICH: I don't want to be a nonconforming use, because, you know, nonconforming uses can go away by inactivity. I don't want to fit into that category. I want to be a permitted use, and that's what I want to make sure. CHAIRMAN STRAIN: I know you that. I'm just trying to understand the severity of the issue ifit -- under any -- by staffs comments. MS. DESELEM: For the record, Kay Deselem, Principal Planner. We have a concern based on the unknowns of it. If, in fact, the LDC is adopted to make the change, he can make benefit of it just like anybody else. Right now the areas that we're talking about, that interconnection, there is no existing use. There's a proposed project going to come in, Kohl's; it is not submitted for an SDP, so we don't know what the needs would be. But if at some time in the future they need that particular LDC exception, then they could take advantage of it. But to provide a deviation request, I think, at this point is premature. And what we put in staff version ofthe PUD document just basically says that they can use whatever is adopted in the LDC to address that situation. CHAIRMAN STRAIN: Ifit's something that's going to be adopted in the LDC or is close to being adopted, then it isn't a deviation, is it? MS. DESELEM: Right. CHAIRMAN STRAIN: All right. I think then that basically summarizes it. Thank you. Richard, I think that's all I have. MR. YOV ANOVICH: You wanted me to get back to you on some numbers. CHAIRMAN STRAIN: Yes, I did. I didn't know when would be -- I don't know if you want us to hear from the rest, but Ms. Caron's got a comment, and then whenever you're ready for the numbers is okay with me. Ms. Caron? MR. YOV ANOVICH: The total number built and in permitting at this point-- CHAIRMAN STRAIN: Yes. MR. YOV ANOVICH: -- on the retail side, 616,641 square feet, on the office side, 29,489 square feet, for a total of647,906 square feet. What's left is retail of90,359 square feet and office of220,511 square feet, for a total left under the existing of309,094 square feet. And if] can -- on the hurricane issue, Mr. Strain? CHAIRMAN STRAIN: Yes. MR. YOV ANOVICH: When this project originally went through, it was envisioned that it would be a second mall in Collier County so that it would, in fact, have been a large common area like in Coastland, but now it has not developed that way, so that requirement is no longer applicable. CHAIRMAN STRAIN: Just, please -- MR. YOV ANOVICH: We'll confirm that with Mr. Sununers, but I just wanted to let you know the history of where that came from and why it's changed. CHAIRMAN STRAIN: Ms. Caron had a question, then I'd like to get back to your numbers. COMMISSIONER CARON: I'm looking at a letter or a memo from the Landon Companies and an attached -- and an attachment. MR. YOV ANOVICH: Okay. COMMISSIONER CARON: And if you look -- Ray, if you can scoot that back a little bit. Okay. To the east is a lake there currently. MR. YOV ANOVICH: Okay. COMMISSIONER CARON: Do you see the lake over here? Yeah. Page 96 1611 A 5 December 21, 2006 MR. YOV ANOVICH: Oh, there. Okay. COMMISSIONER CARON: Thank you, Ray. MR. YOV ANOVICH: I thought you were pointing to the lake behind Costco. COMMISSIONER CARON: No, no, to the east. MR. YOV ANOVICH: I gotcha. I just saw the -- COMMISSIONER CARON: That's Airport. MR. YOV ANOVICH: I saw -- the arrow was pointing in another area. I'm with you. COMMISSIONER CARON: So the lake. MR. YOV ANOVICH: Gotcha. COMMISSIONER CARON: On this it says that it could be future outparcels there; that lake could go away. Is that lake intended to go away? MR. YOV ANOVICH: We have no plans right now for that lake to go away. And if it were at some point -- COMMISSIONER CARON: So you won't mind that being stipulated that the lake will remain? MR. YOV ANOVICH: lfwe were to -- as we did, where the Sembler project is, if we were to fill in that lake, we would have to accommodate water management somewhere else on the project. COMMISSIONER CARON: I understand. MR. YOV ANOVICH: So I don't want to say -- I don't want to -- maybe a portion of the lake will be __ at some point, but we'd have to make up for that lost water volume somewhere else on the project. CHAIRMAN STRAIN: If you filled the lake in, would you exceed the square footage you're asking for today? MR. YOV ANOVICH: No. We're not asking to increase the square footage. CHAIRMAN STRAIN: Would you have to abide by buffers along the frontage of the roadway? MR. YOV ANOVICH: Yes, sir, yes, sir. CHAIRMAN STRAIN: Okay. I mean, I'm just-- COMMISSIONER CARON: Wouldn't intend. CHAIRMAN STRAIN: This plan could have shown that lake interior and Lowe's on Airport Road if you wanted to. MR. YOV ANOVICH: Correct. It was conceptual when it was done that way, that if -- CHAIRMAN STRAIN: I'm just trying to understand-- MR. YOV ANOVICH: Sure. CHAIRMAN STRAIN: -- what that would have an impact on, what kind of impact. Back to the numbers. You have 647,906 square feet either built or in process; is that correct? MR. YOV ANOVICH: In permitting, yes. CHAIRMAN STRAIN: Okay. What are you anticipating your needs for the first phase? Because I'm heading in the same direction that I, as a board member, have headed in the entire day, that the second phase of this project needs to be tied to completion of improvements, not dates. MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: So with that in mind, where were you planning to go in your reasoning for that? MR. YOV ANOVICH: Well, what we would like to -- well, you know, obviously we would like it all, but I recognize that -- CHAIRMAN STRAIN: You can try that if you'd like. MR. YOV ANOVICH: -- there's going to be phasing. Last time I tried to get it all, I busted my face. So I don't want to do that again. CHAIRMAN STRAIN: I didn't bring that up, but I was wondering what happened to you. MR. YOV ANOVICH: I lost a fight with a rake. Page 97 16 J In 15 .1'-\ December 21, 2006 CHAIRMAN STRAIN: I thought it was Nick. MR. YOV ANOVICH: No. Although it might happen some day. CHAIRMAN STRAIN: You'd look worse. MR. YOV ANOVICH: Where we would -- where we would like to be from the retail standpoint, I believe, is at the same impact we have today, the 707- plus the 250-, and then anything left over, anything above that, would basically be in the second phase. That would equate to roughly 775,000 square feet of retail and 30,000 square feet of office, would be in the first phase. CHAIRMAN STRAIN: Oh, because you said 707- plus the 250-. That's a million something. You're only asking for a million 75. MR. YOV ANOVICH: No, no. What I'm saying is -- so we're saying 775- of retail and 30,000 square feet of office, so that would leave -- CHAIRMAN STRAIN: That means you want 800,000 square feet permittable in the first phase. MR. YOV ANOVICH: Right, which is -- yeah, which was less than the 957- that's in the PUD today. CHAIRMAN STRAIN: And in turn for that, Nick gets all the toys and bells and whistles. MR. YOV ANOVICH: I'd like to talk to you about one of the bells and whistles that I was distracted on when the -- apparently Nick obligated us to do some improvements at Airport Road. CHAIRMAN STRAIN: You mean the stacking lane for the left turn? MR. YOV ANOVICH: The stacking lane. We would like -- we'll do it, okay, but we would like to have that, instead of it having to be done the first year, have that be done the second year. CHAIRMAN STRAIN: The second year? MR. YOV ANOVICH: The second year from -- within two years of approval of the PUD amendment. The others, the time frames that you said, we'd have to meet those and they'd have to be in place before we get the difference in retail and office square footage. CHAIRMAN STRAIN: Okay. So we're looking at 800,000 maximum under phase one. MR. YOV ANOVICH: It would be 805- actually. CHAIRMAN STRAIN: Eight hundred thousand, maximum phase one, and the balance at the time of completion of all the roadway improvements including the northbound stacking lane, but that has to be done within two years of the approval of the PUD? MR. YOV ANOVICH: Yes; yes, sir. And now that could affect my ability to get that Starbucks in there, you know, that 805-. CHAIRMAN STRAIN: You're pushing for a denial. MR. YOV ANOVICH: That 805- -- COMMISSIONER CARON: It's already there; don't worry about it. MR. YOV ANOVICH: Is it opened? CHAIRMAN STRAIN: I haven't seen that. Boy, I accomplished -- I can go home and have a dinner tonight. Whoa. Okay. I don't have any other questions of you, Richard. Does anybody else? (No response.) CHAIRMAN STRAIN: Okay. I guess the next person is staff. Michael -- or Kay, whoever's __ Kay's lucky for this one, huh? MS. DESELEM: Good afternoon, again. For the record, Kay Deselem. I'm a Principal Planner with the Department of Zoning and Land Development Review. You have a multitude of documents to review. You have a staff report for the PUD amendment, you have a staff report for the DR! development order amendment, and you have several versions of the PUD document. You have two strike-through versions, one being the one proposed by the applicant, one being the one proposed by staff. And you have two clean versions, same way, one by the applicant and one by staff. Page 98 16, 1 A 5 December 21, 2005 As already kind of alluded to, the only difference basically in the two documents is the deviation number one. Staff is not recommending approval of deviation number one, instead asking that the petitioner be required to rely upon the language that I understand has gone before the board twice now, and adoption hearings are scheduled. Both times it went to the board, it was recornmended for approval. So Nick can address that more because that is his, quote-unquote, amendment. And with the DRI, you have a draft development order amendment. To my knowledge, there are no bones of contention. Weare in agreement on that. So I don't have anything other than that. Everything's on the record. You have staffs recornmendation of approval with the exception of deviation one. Weare recommending that it be found consistent with the Growth Management Plan. CHAIRMAN STRAIN: Okay. Kay, I did notice I had four copies of the PUD, and I started reading them and I'm thinking .- I was trying to compare the pages to figure out -- it was very time consummg. Do ._ could we look at a possibly better way to present that in the future? And if it is only because of a change in deviation language, maybe bold that and say, this is where you and the applicant, in a footnote or something, differ, because that.- a lot of trees killed and a lot of reading spent trying to figure that out. MS. DESELEM: I'd be more than happy to entertain something different, because that's difficult for us as well. We did address it in the staff report -- CHAIRMAN STRAIN: Right. MS. DESELEM: -- but I wanted to err on the side of too much information rather than not enough. But if you'd rather not see that much that -- CHAIRMAN STRAIN: Oh, no. 1-- MS. DESELEM: -- makes me very happy as well. CHAIRMAN STRAIN: I like information. It's the redundancy that becomes problematic. MR. BELLOWS: Yeah. For the record, Ray Bellows. I agree. We can figure out a more efficient way to present a minor change like that. CHAIRMAN STRAIN: Okay. MS. DESELEM: I wanted to be fair to the applicant by providing their version as well, not trying to sway you one way or another without giving you adequate information of their side. CHAIRMAN STRAIN: Thank you. Are there any questions from the plan.- Mr. Schiffer, did you have something? COMMISSIONER SCHIFFER: Kay -- and it's kind of just to talk about planning a little bit. The concern I have is essentially this boils down to adding 300,000 square feet -- it's really 297- or 93 -- but commercial space, retail space, and taking away 150,000 feet of office. Is it a good idea for this PUD to be backed down? It started out a third ofthe square footage was going to be office. Then it went down the next time around 24 percent of it's office. Now it's going down to 7 percent. Is that good planning to totally take that large an area and make it one use, a use that would be happening, other than the movie theater, simultaneously? MS. DESELEM: Staff recognizes that this is an activity center and it's designed to have, you know, a mix of uses; however, the Growth Management Plan nor the LDC state what that mix has to be. And.- COMMISSIONER SCHIFFER: But it does state intent. And is it the intent that this is a solely retail __ because when you think of it, the quadrant to the south is solely retail, the quadrant to the -- on the other side of the street, the southeast, solely retail. Northeast has some offices. But the concem I have is, is this why there's such traffic problems up there is because it is an attraction of solely retail spaces? MS. DESELEM: As far as the traffic, Nick can respond to that better than I, perhaps. But we Page 99 16-'/1 A' '5 December 21, 2006 looked at it in light of what's consistent with the Growth Management Plan, and it's their right within the confines of the LDC requirements to ask for the change. And I don't see an overriding planning issue that would preclude staff from recommending approval of the change. They're recognizing that there's been a marketing change as far as what they thought was a market years ago when this was approve. Maybe not the case anymore. Now it's more of a retail market rather than office. And those uses do tend to relocate in different areas. They're not always complementary. Sometimes they are. COMMISSIONER SCHIFFER: Well, I mean, I've been in parts of the country where it really works out well when they're together. I mean, just take, for example, this one has a large parking lot for the movie theater that is probably vacant except when the movies start to crank up in late afternoon. So in other words, I'm not sure -- you know, our forefathers wanted a third of this to be office and we keep backing it down, backing it down. Now it's just one huge shopping center. And they have a right to ask for it, but we have a right to maybe better plan. So-- MS. DESELEM: Yeah. At this point, I mean, I don't see an overriding planning issue that would preclude us from our recommendation of approval. I guess it's down to a point of view as to whether you think it's appropriate there or not or whether you think office would be a better use as opposed to retail. They seem to have met all the tests for traffic, which is normally the consideration of a retail use. And they are mitigating with their traffic concerns. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Sometimes, Brad, destination is different. I mean, I know if] go to Coastland Mall, I'm not going there to check into an office, but if] go to an office park near the hospital, I know I'm -- I mean, that's how I would look at it. I didn't see this as a concern myself. COMMISSIONER SCHIFFER: But there are examples of planning where you'll have an office tower and you'll have shops at the base of it, and it essentially keeps people from driving around town. I mean, it's got more than one reason to be there, and there's a synergy that you can creatively design. This place is -- doesn't have that at all. CHAIRMAN STRAIN: Well-- COMMISSIONER SCHIFFER: And my concern is, did the people who approved it initially imagine that? But maybe not. CHAIRMAN STRAIN: I can tell you, this is a pretty popular spot to shop. I've been there almost every other day since Thanksgiving. Margie, did you have a comment? MS. STUDENT-STIRLING: I did, because I just would like direction for me to work with staff to fix the language a little bit, and then we -- on the affordable housing part, the last sentence, I was at -- I think I know what it means, but it doesn't say it as clearly as it could. It says if more than one building permit is involved, then the money shall be prorated on a 50 cent square footage basis, and a portion collected at each building permit. That is somewhat ambiguous. I think what they mean is they're going to pay 50 cents a square foot for the building they're getting the building permit for and that they will only pay that amount for the building that the permit is issued for. I think that's what it means, but I'd just like to ask for direction or just clear that up a little bit. CHAIRMAN STRAIN: Oh, yeah. I mean, I think that's something we can add to any kind of stipulation. MS. STUDENT-STIRLING: Thank you. CHAIRMAN STRAIN: Thank you, Margie. Are there any other questions of the staff at this point? (No response.) CHAIRMAN STRAIN: Okay. Hearing none, did anybody have any questions of transportation in Page ] 00 1611,15 December 21,2006 regards to having transportation speak? Go ahead, Nick. MR. CAS ALAN GUIDA: Commissioners, you had mentioned about the northbound left turn lanes being built within two years, that was Rich's recommendation. Ifwe have a preference, we would like that done within the first year and then the eastbound lefts coming out done within the second year. Main line priority, I guess. If you're going to get stuck in traffic, I'd rather have you stuck coming out of Naples Boulevard than approaching that northbound left. I've asked the applicant if that's okay? And obviously, he feels that's okay. It restricts one of their tenants because of one of the issues they're having internally. They've asked for 5,000 more square feet, so that 805- number in order to do that -- I didn't think it would be a problem, but I wanted to bring it up to you. CHAIRMAN STRAIN: So they're fixated on 805- instead of 800- ? MR. CASALANGUIDA: I guess one of the outparcels would be -- help them offset some of the issues that would go with that turn lane. So for 5,000 square feet, you know, if the commission finds that reasonable, we'd like to protect the main line first. CHAIRMAN STRAIN: Thank you, Nick. As far as the other stipulations and everything and the other traffic improvements, Nick, if I'm understanding the conversation I had with you a couple days ago, it says a net benefit to traffic area, especially if it's phased the way we're talking about -- MR. CASALANGUIDA: Yes, sir, if their connection's made and the SCOOT system's in -- you know, we've also seen a reduction on Airport Road now. There is a net benefit to the traffic by doing this. CHAIRMAN STRAIN: Okay. That's a big concern. Thank you. Are there any other questions of staff or any -- or the applicant at this time? (No response.) CHAIRMAN STRAIN: Okay. Are there any public speakers, Ray? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Do you realize we've been through five or six pretty heavy projects today and there hasn't been a single public speaker? COMMISSIONER SCHIFFER: People have better things to do, I guess. CHAIRMAN STRAIN: Yeah. I mean, it's just amazing, because I think-- MR. YOV ANOVICH: They're at Starbucks. CHAIRMAN STRAIN: Yeah. I can see the reaction if this isn't agreeable with everybody. Okay. Well, hearing no .- there are no public speakers and having had all the testimony, we will close the public hearing and entertain a motion. COMMISSIONER ADELSTEIN: I move that AR- -- CHAIRMAN STRAIN: Well, there's two motions. We need the petition -- the DOA petition first and the PUDZ petition second. So basically, that's the one we've got to go with first. COMMISSIONER ADELSTEIN: Okay. DOA-2005-AR-8543, be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations. CHAIRMAN STRAIN: Is there a second? COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: Seconded by Mr. Tuff, motion made by Commissioner Adelstein. Discussion? Mr. Midney? COMMISSIONER MIDNEY: Yeah. I'm going to be voting against the motion because I see that this is a big intensification in the need for affordable housing and transportation. And they've offered a bunch of mitigations, but to me, this is already a problem area for traffic and housing for the workers that are going to be needing to come into the area as it is. To me, the mitigation that they're offering is not adequate. Page 101 161] 1 j" f" 5 December 21, 2006 CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: I'm going to be voting against it, too. The PUD system is to create more creative development. This is kind of dumbing down a project, so I'm going to be voting against it. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I will also be voting against it. I -. quite frankly, I don't have some of the same issues that Mr. Schiffer has with them changing the retail versus the commercial, but I have a big problem increasing the intensity of this project overall. CHAIRMAN STRAIN: Okay. I will be voting in favor of the motion ifit can be stip -. with a few stipulations, because ofthe phasing of the project, the overall impact to the traffic in the area will be positive, not negative. And as far as the uses on the project, I have -- I don't think that a practical use of office in that location would benefit. It's more of a destination for shopping, which is what I think most people do when they go there. So -- but I would like to have the motion maker to consider the following stipulations to the development order, and that is, the first phase will be a maximum of 805,000 square feet of usable space, the balance will be not allowed to go forward until the improvements for the road system, all the improvements to the road system are in -- are completed, and that the applicant -- or the legal staff will review the documents and clean up any legal language that's needed; that the stacking lane for the northbound Airport Road left will be increased to meet the needs of the transportation department; that the eastbound lanes on Naples Boulevard coming out will be completed within one year, or within -- within two years, the stacking lane northbound Airport will be one year. And those are the three things for the development order. There's more to the PUD, but that's for the development order. COMMISSIONER ADELSTEIN: That is acceptable. CHAIRMAN STRAIN: Mr. Yovanovich? MR. YOV ANOVICH: I had a question on the -- when you said balance was conditioned upon all of the improvements-- CHAIRMAN STRAIN: Right. MR. YOV ANOVICH: -- being done, I thought that meant all ofthe improvements except for the now -- what's going to be the northbound turn lane, because that's two years from now. Everything else will be done within a year, and we thought the balance would be available then, the interconnect and the others. It was the turn lane going north that would __ CHAIRMAN STRAIN: The only items that -- of improvements that have time frames on them right now is the northbound stacking lane within two years and the eastbound lanes within one year. The rest of your roadway improvements would be at the time you needed any square footage above 805,000. MR. YOV ANOVICH: Okay. So let me ask the question this way. CHAIRMAN STRAIN: Sure. Let's get it right. MR. YOV ANOVICH: Ifwe come in -- we get the interconnect and everything else done a year from now but we don't have the northbound turn lane on Naples Boulevard that's going to let you go north on Airport, because that's not done for two years, does that mean we don't get any of the balance of phase two? CHAIRMAN STRAIN: That's what -. Nick said he needs the eastbound lanes coming out within one year. MR. YOV ANOVICH: No, he's talking about the -- no, he was talking about the -- he was talking about the stacking lanes on Airport he wants within a year. CHAIRMAN STRAIN: No, the stacking lanes on Airport I had said one year and he said he doesn't need them for two years. Let's get clarification. COMMISSIONER CARON: No, no. The other way. CHAIRMAN STRAIN: The other way around? Page 102 1 6 Jec!mber11, ~6 COMMISSIONER CARON: Yeah, it's the other way around. MR. YOV ANOVICH: It's the other way around. MR. CASALANGUIDA: Airport Road would be a priority. The improvements on Airport first. CHAIRMAN STRAIN: Okay. So the improvements on Airport you need within one year-- MR. CASALANGUIDA: Yes. CHAIRMAN STRAIN: .- and the stacking lanes eastbound going onto Airport-- MR. CASALANGUIDA: Correct. CHAIRMAN STRAIN: -- would be two years. MR. CASALANGUIDA: Right, the east -- the additional eastbound left. CHAIRMAN STRAIN: That's the intent. MR. YOV ANOVICH: But not to tie our second phase of square footage to that eastbound turning north -- CHAIRMAN STRAIN: Sure we would. MR. YOV ANOVICH: -- turn lane. CHAIRMAN STRAIN: Sure we would. Why wouldn't we? That's part of the roadway improvements that are needed to make this project at least commensurate with at least a justifiable public good. And if that can't be done, then I can tell you right now, you've got a majority against you. You might get out ofthis with a tie. It's up to you. MR. YOV ANOVICH: It's your motion. CHAIRMAN STRAIN: Okay. Well, the motion is as stated. Is there -- does the motion maker accept that? COMMISSIONER ADELSTEIN: Yes, I do. CHAIRMAN STRAIN: Does the second? COMMISSIONER TUFF: (Nods head.) CHAIRMAN STRAIN: Mr. Tuff, you do? COMMISSIONER TUFF: (Nods head.) CHAIRMAN STRAIN: Okay. Any other comments? (No response.) CHAIRMAN STRAIN: We'll call for a vote by a raise of hands and aye. All those in favor of the motion as stated with the stipulation, signifY by saying aye and raising your hand. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: (Raises hand.) COMMISSIONER MURRAY: (Raises hand.) COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: All those opposed? COMMISSIONER KOLFLA T: (Raises hand.) COMMISSIONER SCHIFFER: (Raises hand.) COMMISSIONER MIDNEY: (Raises hand.) COMMISSIONER CARON: (Raises hand.) CHAIRMAN STRAIN: 4-4, tie vote on the development order. No reconsideration. We already went through that. Is there a motion on the petition for the PUD? COMMISSIONER TUFF: Yeah, I make that motion. CHAIRMAN STRAIN: Mr. Tuff, you make a recommendation for the PUD, for approval or denial? COMMISSIONER TUFF: For approval. Page 103 -~"-=-""'.".~-=""--..--_.._'"""_._~- 16'"1 n ~ I . \ ~ecember 21, 2006 COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Okay. Motion made by Commissioner Tuff, seconded by Commissioner Adelstein. The discussion? Anybody have any discussion? COMMISSIONER SCHIFFER: Yeah, I'd like to discuss -- I mean, I'm going to be voting against this for the same reason. We're spending all this time trying to fix the roads, and we're not realizing that the problem is bad planning in the whole area, so I'll be voting no. CHAIRMAN STRAIN: I'll be voting yes because we're spending all this time to make the roads better and for good planning in the area. And the stipulations that apply to the first one applied to the second with the addition of the second that we would be using staffs version of the PUD document, which then denies the deviation request. Does the motion maker -- Mr. Tuff, you accept that standard? COMMISSIONER TUFF: Yes. CHAIRMAN STRAIN: Okay. And Mr. Adelstein, do you accept that? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Any other discussion? (No response.) CHAIRMAN STRAIN: The same way, all those in favor of the motion, signifY by raising their hand and saying aye. Aye. COMMISSIONER ADELSTEIN: (Raises hand.) COMMISSIONER MURRAY: (Raises hand.) COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: All those opposed? COMMISSIONER KOLFLAT: (Raises hand.) COMMISSIONER SCHIFFER: (Raises hand.) COMMISSIONER MIDNEY: (Raises hand.) COMMISSIONER CARON: (Raises hand.) CHAIRMAN STRAIN: Okay. Richard, it's a tie-tie day. You've walked out of here with a tie on both of them. Thank you. Item #9 A OLD BUSINESS CHAIRMAN STRAIN: Okay. We're moving ahead. Next item on the agenda is the old -- is 9A. It's old business. Discussion on proposed schedule for the FY-'07 LDC amendment cycle. We're going to get, I guess, a chart handed out to us with dates on it? MR. SCHMITT: Did we include a copy of this list in your packet? CHAIRMAN STRAIN: No. MR. SCHMITT: Yeah. See if we can get a copy made. I apologize. I thought that was in your book, in the cover of your book. CHAIRMAN STRAIN: Can you circle the ones on there that apply to us? And I don't care about the packets. I'm more concerned about the meeting dates. MR. SCHMITT: Yeah. What -- what we have here -- and I'm going to give you a copy of this. This is a -- the proposed LDC amendment for 2007 cycle, and this will be the amendment cycle. We're beginning to gather the information now. This will not include any -- or will not include the majority. It Page 104 A5 December 21, 2006 may include some __ but the majority of the LDC amendments associated with the EAR, evaluation on appraisal report GMP amendment cycle. Those will be coming after this cycle. But your dates __ Planning Commission meeting, Wednesday July 25th; second meeting, August 8th. So it will be a 5:05 meeting followed then -- and then on August 8th at 11 or -- correction, 8:30; and then meetings three and four, August 22nd and 29th. Those are the proposed dates. We're looking at four meetings for you. I don't know if this cycle will take four meetings, but that's what we are scheduling just in case. The __ my concern -. in this past cycle, because of the -. I'll call it as things began -- Ray, if you can back out a little bit from that maybe it will be a little bit easier. Especially in this last cycle, as we went through this last cycle of LDC amendments and you began to provide your input, some of the items we sent back to other boards because of the .- how much it had changed. And meaning specifically going back to the Development Services Advisory Committee, frankly, as you well know, that's the industry who have to deal with this, and then some EAC type of evaluation-- of the __ Environmental Advisory Council, some of the amendments impacted them as well, and we sent them back for their review again. And also, there were other amendments specifically with -- dealing with the canopies and with the fire stations and those issues as we went through the cycle that changed materially as they went through and we sent some ofthem back. I don't know if you have any thoughts as to how -. if you want to change how we do this. As you see, we go -- they come up from staff, we review them, they go to the DSAC, they go to the EAC, and then they come to you, and I think you would like to see them after they go through those committees. Is there __ do you have any thoughts on possibly doing that different this cycle? I'm comfortable the way I have it scheduled here. CHAIRMAN STRAIN: Well, I know for this board, we are probably the next level prior to the BCC that has the need. We're the land planning agency for Collier County. MR. SCHMITT: That's correct. CHAIRMAN STRAIN: So I think at the least we need to see it after the other boards do. MR. SCHMITT: Okay. CHAIRMAN STRAIN: And I certainly wouldn't want to endorse something to the board that is changed by another subcommittee afterwards. MR. SCHMlTT: And you would not do that. The reason I bring it up is, if] did something, I would try and get a meeting earlier to you all to see if you have anything that you wanted to comment on before we took it to those other -- those other review committees. But frankly, I'm fine with what I have here, and if there's something that does change, we may have to bring it back to the DSAC, again, for their revIew. But _. and I only say that because in the five years I've been here, this cycle was probably the most __ it changed the most as we went through the -- through the various public hearings. We had some amendments that changed significantly from what they started out to be. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, I might make -- maybe I could make a suggestion on that score. The packets go out to these earlier committees to the EAC and the DSAC back in March. There's no reason we couldn't also get our copy -- MR. SCHMITT: Yes. COMMISSIONER CARON: -- at that time. That way if there were any issues that we thought, you know, might -- we might want to discuss earlier, we certainly could do that. I mean, certainly bring comments to staff is what I'm saying. MR. SCHMITT: Yeah, that -- we could certainly do that, and that's fine, with the understanding -' COMMISSIONER CARON: I mean, I don't know if that's what you're looking for or not. 1611 Page 105 .-------...........-., 1 ( I A 1~ <, ",i, '''~cember 21,2006 CHAIRMAN STRAIN: One at a time, guys. COMMISSIONER CARON: Sorry. MR. SCHMITT: Yeah, I think that's kind of what I'm looking for is to see if you have any real concerns, because all I'm trying to do is preclude having to keep on going back -- having something done here and then go back to the other committees. It just seems like we did that this cycle, and I didn't do it much in the last several cycles we've run. But I could certainly get you a copy. If there's something you think that concerns you, you can certainly contact Catherine. The -- but the issue is right, as Commissioner Strain pointed out, you are the final approval authority and the board that actually, as a local planning agency, actually makes the recommendation to the Board of County Commissioners, that it's consistent with the comprehensive plan. COMMISSIONER CARON: I have to comment that I think that this board only sent one item back to anyone, and that was on the stormwater and preserves, correct? MR. SCHMITT: No. There were others that we had-- COMMISSIONER CARON: That you might have taken back to other groups, but we did not request that they go back to other groups. MR. SCHMITT: No, you did not. COMMISSIONER CARON: That was the only one that we requested. MR. SCHMITT: No. There were other committees that requested items to go back to them. CHAIRMAN STRAIN: We changed stuff at some point -- MR. SCHMITT: Yes. CHAIRMAN STRAIN: -- that required -- I mean, as a courtesy. Some of the ._ COMMISSIONER CARON: To go back. CHAIRMAN STRAIN: -- it changes so much, it would have been good to go back, I think that's what happened. MR. SCHMITT: Yes. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray. COMMISSIONER SCHIFFER: Joe, considering what we said is that we really don't have a good way of tracking people's comments through the whole process-- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- I've even brought it up here in the board, and I've got the nod to do it, but I think it might not be a bad idea early, beginning of the year, to get one person from each board. It doesn't have to be the commissioners, because -- and we can come up with a way to do it. I can show you and I kind of even proposed a couple of years -- a way to track the language so that we can see staff's comments on changes as it comes through, too. MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: Because essentially these all start out with staff. MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: And then as they're reviewed, you know, I may want to see the original staffversion and I may not be happy with DSAC's change and, you know, stuff like that. So I do think that maybe what you should do is try to get one person from each of the board -- this board's actually given me the nod to represent them already -- to come up with a way to format these so that it's not a confusing thing and we do see the legacy of what happened. MR. SCHMITT: Yes, and talking with Susan about this in this past cycle, and Catherine, what we will do on the cover sheet and also in the amendments, attempt to keep the original version and then note each of the comments, probably in more detail as it goes through the various cornmittees on what they change. COMMISSIONER SCHIFFER: But pull a quick little meeting with a couple people. I mean, like I Page 106 16 be!emAr 21~006 said, I've brought it up here that I felt that there was a problem, and because I brought it up, I was nominated to go fix it, so -- but I'd like to fix it. So, you know, in January, set up a meeting, and I'll be there, and let's just discuss a procedure to do that. MR. SCHMITT: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: The total elapsed time is just a tiny bit over one month. In between that period we also have meetings of the regular commission. MR. SCHMITT: Yes. COMMISSIONER MURRAY: And it creates, I think, a real problem for trying to do it as clearly as we can with the time available to us; some work, some get involved in a lot of things. I think Commissioner Caron's comment is the same that I would have made; if you're able to give this to the DSAC or the EAC, it would seem reasonable that we should get the packets, and even as there may be changes by the EAC or the DSAC, we still are in a better position that way than we would be by this compression. I think history has showed what, what, you have a month, but in truth, what was this last cycle? Several months at least, right? MR. SCHMITT: Yeah-. COMMISSIONER MURRAY: The slippage.- with the slippage from the time you intended to the time we finally resolved? I think it was several-- it felt like several months; maybe it wasn't. MR. SCHMITT: Oh, the cycle was almost about nine months long. COMMISSIONER MURRAY: Okay. Several months was -- I played it short. My point being that this is optimistic at best, I think. So I would opt -- if you're going to have packets, I would opt that we have packets early. MR. SCHMITT: If! could ask just for your concurrence on this schedule, at least the way it's presented, and we'll move forward with it. CHAIRMAN STRAIN: I see no problem with it. I'm [me. How about the rest of you? You okay? COMMISSIONER SCHIFFER: We'll adjust to it. CHAIRMAN STRAIN: Okay. Thank you, Joe. Appreciate it. MR. SCHMITT: And we'll make sure we get the packets early, and we're going to discipline our staff _. because what happens during the cycle as well is people attempt to try and get things in while the cycle's going. And I've got to put a stop to that. That's what's got to be stopped. And say, I'm sorry, you'll have to wait till the train leaves next cycle. COMMISSIONER SCHIFFER: You're preaching to the choir. MR. SCHMITT: Yep. CHAIRMAN STRAIN: Okay. Thank you. MR. SCHMITT: Thank you. Item #10 NEW BUSINESS CHAIRMAN STRAIN: Is there any new business? First there is one item? I'd like to thank all the staff for the kindness they provided to us today, especially Michael, and his notes to us in regards to Christmas and merry Christmas to all of staff. And we certainly appreciate the efforts everybody went to this past year, and together we got it somewhat accomplished. So thank all of you very much and merry Christmas and happy holidays. Michael? Page 107 ._~-"--"---'-"-''''- C' r l'!'-, ' A 1 l) December 21, 2006 MR. SCHMITT: And I thank your efforts, and we will start off in the new year kicking __ kicking and running again. Thank you. MR. DeRUNTZ: Two quick things under new business here I'd like to bring to your attention. Previously we h the Planning Commission had moved to hold one meeting for the Copeland rezoning, and we are at this stage where we're going to have that .. bring it up before the Planning Commission. And I was hoping that we could schedule that January the 18th. You have a Planning Commission meeting already scheduled that day, and -- but if we have only one meeting -- because this is initiated by the county, it has to have an evening meeting. So we'd have to have this, you know, come into session at 5:05. CHAIRMAN STRAIN: And, Mike, I know we spoke about this, and the 18th is a regular meeting day. Does anybody know the intensity of our agenda that day so far? MR. DeRUNTZ: I think there was -- there was four items, plus the Copeland item. MR. SCHMITT: And I received word from Dan Summers regarding the emergency evacuation trying to do it on the 4th. He cannot do it, so it will be scheduled for the 18th. CHAIRMAN STRAIN : Well, why don't we try to do the Copeland thing on a night in between, either the 11 th, which is another Thursday, or the 25th, which is a Thursday. MR. DeRUNTZ: It would have to be probably the 25th, if you want to do it on the evening because of advertising limitations. CHAIRMAN STRAIN: Well, you said that it had to be evening, so-- MR. DeRUNTZ: Right. But I mean, today -- we have to get in tomorrow for the 18th. CHAIRMAN STRAIN: Okay. Well, I would -- I would think because we don't know how long the 18th would be, rather than stack it up from 8:30 in the morning to potentially, who knows how late at night, why don't we just do it in a clean day -- clean week when we have nothing, like, say, the 25th would be the I C' ~ . . t C:::. MR. DeRUNTZ: Okay. CHAIRMAN STRAIN: -- fourth Thursday. COMMISSIONER SCHIFFER: The 25th, I can't make the 25th because there's a fire code commission meeting in Jacksonville. COMMISSIONER MURRAY: That's actually down in Copeland, is it? CHAIRMAN STRAIN: No, this will be here. COMMISSIONER MURRAY: Oh, it will be here? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: And that would be the -- would make it a little easier. How about the rest of you? COMMISSIONER MURRAY: I'll be fine. CHAIRMAN STRAIN: Okay. Well, we can get a quorum, so let's do it the 25th then. MR. DeRUNTZ: Very good. Thank you very much. The other thing I wanted to bring to the Planning Commission's attention is that the county is working on reviewing and updating our Floodplain Management Plan, and our schedule for our review and to get this before the Board of County Commissioners is a May date so we could get it to the CRS and FEMA by June, so that would mean that there would be an April hearing with the Planning Commission for the Floodplain Management Plan. And we will be getting a draft of that to you as soon as it, you know, gets into [mal shape. And I just wanted to inform you that this will be coming forward before you. CHAIRMAN STRAIN: Can you give us as much notice as possible on that April date? MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Thank you. MR. SCHMITT: We'll try and schedule that as a normal, regular agenda item. But you as the local planning authority, will be -- are deemed the agent to review that plan before it goes forward. Page 108 16 /1 D~em~r 21,2006 CHAIRMAN STRAIN: Okay. Sounds good, thank you. Any other business that we have? Ms. Caron? COMMISSIONER CARON: We did not discuss the housing element because our meeting, we didn't have a court reporter there. Has that been rescheduled? MR. SCHMITT: Yes. That -- my understanding, that will be scheduled as part of the regular meeting January 7th. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: No, January 4th-- MR. SCHMITT: January 4th. CHAIRMAN STRAIN: -- at 8:30 in the morning. It's the first thing on the agenda. MR. SCHMITT: First item on the agenda. COMMISSIONER CARON: I just wanted to confirm that, that that was still on. Okay, good. CHAIRMAN STRAIN: Okay. We all set? COMMISSIONER SCHIFFER: Merry Christmas. CHAIRMAN STRAIN: Motion to adjourn? COMMISSIONER SCHIFFER: Yeah, and to all a good night. CHAIRMAN STRAIN: To all a good night. Motion made to adjourn? COMMISSIONER TUFF: Me. CHAIRMAN STRAIN: Mr. Tuff? Okay. Meeting is adjourned, thank you. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:26 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRPERSON Page 109 1 6 ! 1 'A' 6 i-~".. r..' . r- C,01N:r C,oun:ty - f'{ ')/ Memorandum <f::~':. ~ ",:'.1" ""',,,",, Fiala r- Halas,=- ;J~-=--== Hennin9__!',L-____ Coyle__.I{_______" Coletta..___ ___,_" To: Sue Filson From: Ekna Guevara Date: March 6, 2007 Subject: Immokalee committees meeting minutes and agendas Good Afternoon Sue, I have included the agenda and minutes for the meetings we have held this past month to date with the "Immokalee Plan and Visioning Committee". Also, included is a copy of the agendas and minutes for the "Immokalee Community Redevelopment and Advisory Committee" whom are one in the same with the "Enterprise Zone Development Agency". Both committees meet jointly once a month. Please let me know if I can do anything else to help Ckna Guevara, Planning Technician (239) 659-5749 eknaguevara@colliergov.net ~:t:ccr~u?-~ UY item #.Jk1l1L lo COIJ,e:)10 1 , , '1 1fJ .... 6 January 17, 2007 Career and Service Center of Collier County-Immoka1ee 750 South 5th Street Immoka1ee, FL 34142 8:30 a.m. AGENDA ANNUAL MEETING OF THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AND THE REDEVELOPMENT AREA ADVISORY BOARD A. Call to Order B. Roll Call and Announcement of Ouorum C. Annual Election of Officers I. EZDA 2007.04: Annual Meeting, Election of Officers and Reappointments for 2007. (Ene. 1) ACTION ITEM D. Other Business E. Next Annual Meetinl! F. Adiournment AGENDA Community Redevelopment Agency Advisory Board and IMPVC A. Call to Order B. Roll Call and Announcement of Quorum C. Adootion of Al!enda D. Adootion of Minutes of the December 20, 2006 Joint Meeting (Ene. #2) E. Communications (see communications folder at meeting) F. Old Business I. CRA 2006-10: Redevelopment of the Farmers' Market 2. CRA 2006-00: Status of Collier Countv/RMPK Group Contract 3. CRA 2006-12: Status of East of 951 Infrastructure and Services 4. CRA 2006-05: SR 29 Bvpass Proiect 5. CRA 2006-02: Status of FSU Medical School Satellite Training Center in Immokalee G. New Business 1. EZDA 2007-01: Presentation Regarding New Market Tax Credits Program by DSG Community Marketing Services (will be Present) 2. CRA 2007-05: New Proiects in Immokalee Area ACTION ITEM ACTION ITEM INFORMATION INFORMATION INFORM A TION INFORMATION INFORMATION INFORMATION INFORMATION 16 " It,. a. Haven Economic Development, Inc.. ..planned 150 unit 1 A affordable houses for Immokalee ($150,000+) H. Citizen Comments I. Next Joint Meetinl!: Date (February 21, 2007, at 9:30am) J. Adjournment 6 ACTION ITEM ACTION ITEM AGENDA Enterprise Zone Development Agency (EZDA) A. Call to Order B. Roll Call and Announcement of Ouorum C. Adoption of Al!:enda D. Adoption of Minutes from December 20, 2006, Meeting (Ene. 2) E. Communications (see communications folder at meeting) F. Old Business I" EZDA 2006-08: Recommendation to establish a EZDA/CRA Advisorv Board Office in Immokalee (Ene. 3) INFORM A TION G. New Business H. Citizen Comments I. Next Meetinl!: Date J. Adiournment ACTION ITEM ACTION ITEM ACTION ITEM ACTION ITEM AGENDA H. I. J. Community Redevelopment Agency Advisory Board A. Call to Order B. Roll Call and Announcement of Ouorum C. Adoption of Al!:enda ACTION ITEM D. Adoption of Minutes of the December 20, 2006, Meeting (see Ene. 2)ACTJON ITEM E. Communications (see communications folder at meeting) F. Old Business 1. CRA 2006-00: Contract Oversight Committee Report RMPK INFORMATION 2.CRA Recommendation to Approve "Inventory and Analysis Report" and authorize payment New Business I. CRA 2007-08: Discussion of Advisorv Board Recommendation for Fiscal Year 2007-2008 Budget Request (Ene. #4) Citizen Comments Next Meetinl!: Adiournment ACTION ITEM G. ACTION ITEM ACTION ITEM * The next joint IMPVC and CRA Advisory Board/EZDA meeting will be held February 21,2007 at 8:30 a.m. ** The next IMPVC meeting will be held on Tuesday, February 6, 2006 at 5:30 p.m. at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34142 Agency. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZDA/Community Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, Matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time. 16!" A l i,<....., ..., January 17,2007 Career and Service Center of Collier County-lmmokalee 750 South 5th Street Immokalee, FL 34142 8:30 a.m. MINUTES ANNUAL MEETING IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AND COMMUNITY REDEVELOPMENT AREA_ADVISORY BOARD A. Call to Order. The meeting was called to order by Fred Thomas at 8:45am. B. Roll Call and Announcement of Ouorum. CRA/EZDA members present were Ana Salazar, Bernardo Barnhart, Carol Sykora, Eva Deyo, Captain Tom Davis, Robert Halman, Julio Estremera, Fred Thomas, Rick Heers, Floyd Crews, and Richard Rice. Excused were Bob Soter (injury), Ira Malamut and Denise Blanton (out of town). Robert Halman, ex-officio member also not present. C. Annual Election of Officers EZDA 2007 -04: Annual Meeting. Election of Officers and Reappointments for 2007. Chair of the nominating committee, Eva Deyo presented Fred N. Thomas, Jr., as Chair and Richard Rice as Vice Chair. Nominating Committee members wre Captain Tom Davis, Eva J. Deyo, and Richard Rice. It was pointed out that Bob Soter has an approximate 2 months of rehabilitation due to a fall from a ladder and he would have been the committee's choice for Vice Chair. Motion bv: Eva Deyo Moved that: Fred Thomas, Jr. be Chair and Second bv: Julio Estremera Richard Rice by Vice Chair for until 2007 annual meeting Moved that: Nominations be closed Upon Vote: Passed 11-0 Motion bv: Floyd Crews Second bv: Julio Estremera Upon vote, Fred Thomas Jr. and Richard Rice were elected to serve as Chair and Vice Chair during 2007. respectively. 16/~ Motion bv: Rick Heers Moved that: The CRA Advisory BoardJEZDA Advance its recommendation to the BCC for its approval. Upon Vote: The motion carried, 11-0 Second bv: Eva Deyo D. Other Business E. Next Annual Meetinl! January, 16, 2008. F. Adiournment Meeting adjourned at 9: ISam. MINUTES Community Redevelopment Agency Advisory Board and IMPVC A. Call to Order The meeting was called to order at 9: ISam, B. Roll Call See CRA and EZDA roll call under Annual Meeting where a quorum was present. IMPVC members present were Fred Thomas, Jr., Rick Heers, Floyd Crews, Richard Rice, Esmeralda Serrata, Ski Olesky, and William O'Neill. IMPVC members absent were Raymond Holland (out of town), Clarence Tears (meeting conflict), and Leo Rodgers. A quorum was present. C. Adoption of Al!enda Approved unanimously upon motion by Floyd Crews and second by Rick Heers by adding item G3 which related to establishing a printing line in Fund 186 to pay for printing costs beyond those covered in the RMPK Group contract. D. Adoption of Minutes of the December 20, 2006 Joint Meeting were approved unanimously upon motion by Dick Rice and second by Eva Deyo. E. Communications (see communications folder at meeting) F. Old Business I. CRA 2006-10: Redevelopment of the Farmers' Market. Nothing new was Reported but item will stay on the agenda. 2. CRA 2006-00: Status of Collier Countv/RMPK Group Contract. Members Present were presented with hard copies of the Draft lAMP (revised since November IS document) and CD disks. It was pointed out that the entire document will also go onto the Comprehensive Planning Deparment web site in a day or two. Motion bv: Julio Estremera Moved that: A special meeting be held beginning at 2pm on January 31 to review the Draft and obtain all comments. The motion carried 10-1 with Rick Heers opposing as he indi- cated that he could not attend. Second bv: Barnardo Barnhardt Upon Vote: 2 A 6 16/1 A 6 3. CRA 2006-12: Status of East of 951 Infrastructure and Services. Richard Rice indicated that the project is moving along. Tom Greenwood stated that he would invite Mike Bosi of Comprehensive Planning to the March meeting to provide an update for the groups meeting. 4. CRA 2006-05: SR 29 Bypass Proiect. There was no new report other than that there continue to be environmental issues which preclude the determination of a general location for the corridor. Tom Jones confirmed that with the group. 5. CRA 2006-02: Status of FSU Medical School Satellite Training Center in Immokalee. No new report was given other than that the project has appeared to have been set back due to resistance to it from Naples Community HospitaL G. New Business I. EZDA 2007-01: Presentation Regarding New Market Tax Credits Program bv DSG Communitv Marketing Services. Due to illness, Thomas Zuniga on January 16 asked to have the presentation postponed until the February 21 meeting. 2. CRA 2007-05: New Proiects in Immokalee Area a. Haven Economic Development. Inc.. ..planned 150 units of affordable houses for Immokalee ($150.000+). Dick Rice stated that this is a Miami developer and the project would be located at the northwest corner of the 5th Street at Eustis intersection. b. Concrete batch plant and the business park at the southeast corner of the Stockade Road and Immokalee Road intersection. It was reported that these projects are under review and that a neighborhood information meeting is likely in late winter or early spring with no date set yet. c. Collier Enterprises Residential and Industrial Development south of the Airport. Pat Utter has agreed to make a presentation during the March 21 regular meeting on this project which is moving forward into the approval process. 3. Proposal to add a "Printing" Line to the Fund 186. Tom Greenwood reported that the contract with RMPK Group limits the number of "deliverables"...draft lAMP, final lAMP, and LDC amendments to 2 cd disks and 10 hard copies. It was pointed out that the 10 hard copies is not nearly enough to permit this project to move through the Immokalee community for review, the CCPC, and the BCC. Mr. Greenwood recommended that the Advisory Board recommend to the Community Redevelopment Agency that the "Printing" budget line be created in the amount of $20,000 to cover printing costs this year. Motion bv: Floyd Crews Seconded bv: Eva Deyo Moved that: the Advisory Board recommend to the CRA that there be estab- lished in Fund 186 a "Printing" line in the amount of $20,000. Upon Vote: The motion carried unanimously. H. Citizen Comments None. 3 11 {, .1. \.. "!"'lI' ' ~ .- '" ~~~ ,-." ~ I. Next Joint Meetinl! Date January 31 special meeting at 2pm and February 21 regular meeting at 8:30am. J. Adiournment The meeting was adjourned at 9:45am. MINUTES Enterprise Zone Development Agency (EZDA) A. Call to Order Meeting called to order at 9:45am B. Roll Call and Announcement of Ouorum Refer to the minutes of the joint meeting of the CRA Advisory Board and IMPVC where a quorum was declared. C. Adoption of Al!enda The agenda was adopted unanimously upon motion by Dick Rice and second by Bernardo Barnhart. D. Adoption of Minutes from December 20, 2006, meeting were approved by the CRA Advisory Board during the CRAIIMPVCmeeting, E. Communications (see communications folder at meeting) F. Old Business I. EZDA 2006-08: Recommendation to establish a EZDA/CRA Advisorv Board Office in Immokalee . Copies of the substitute Enclosure 3 report to the Board and County Commissioners and the Community Redevelopment Agency were distributed and discussed, The major difference between what the EZDA/CRA Advisory Board recommended and what the "fiscal impact" and "staff recommendation" sections include is that the County Manager's office is recommending that 100% of the cost of the operation of the CRAlEZDA office in Immokalee come from fund #186 rather than a 50%/50% split (as recom- mended by the CRAlEZDA). The item is set to be discussed by the Community Redevelopment Agency at 4:30pm on January 23 in the Board of County Commissioners' Chambers. Mr. Thomas stated that the county had committed to provide $150,000 in funding for the Enterprise Zone administration and stated that the 50%/50% split was consistent with that commitment. After discussion, Mr. Thomas and others agreed by hand vote to attend and support the proposal when it is presented on January 23. Mr. Rice stated that the short term concept is to have the Chamber, the EZDA/CRA and the EDC staffing all in a building tentatively defined as located in the N.E. corner of the intersection of Lake Trafford Road at ST 29 next to the Burger King. G. New Business none. H. Citizen Comments none. I. Next Meetinl! Date Special meeting on January 31 at 2pm and regular meeting on February 21 at 8:30am. J. Adiournment !0:00am MINUTES Community Redevelopment Agency Advisory Board A. Call to Order The meeting was called to order at !0:00am 4 16 " A 6 l 7 ...... B. Roll Call and Announcement of Ouorum Previous roll calls established a quorum. C. Adoption of Al!enda The agenda was approved unanimously upon motion by Dick Rice and second by Bernardo Barnhart. D. Adoption of Minutes of the December 20, 2006, Meeting were approved during the joint CRA/EZDA meeting. E. Communications (see communications folder at meeting) F. Old Business 1. CRA 2006-00: Contract Oversight Committee Report RMPK. It was reported that the project is moving forward; the Spanish and Creole translations of the Goa]s, Objectives and Policies is underway and should be completed by the end of January; and that, following Immokalee input on the DRAFT lAMP, the plan will then undergo staff review and presentation to the Planning Commission, and then to ajoint Planning Commission/BCC workshop will be scheduled. Payments to RMPK Group to date include: · Project schedule · In ventory and Analysis Report · Economic Analysis Report · Draft Master Plan (partial) G. New Business 1. CRA 2007-08: Discussion of Advisorv Board Recommendation for Fiscal Year 2007-2008 Budget Request It was decided that on January 3] a discussion of holding a special budget session of the CRA/EZDA would be held since there should then be a determination of whether an Immokalee CRA/EZDA office would be possible beginning as soon as October I, 2007. H. Citizen Comments None. I. Next Meetinl!. January 31 special meeting at 2pm and February 2] regular Meeting at 8:30am. J. Adiournment * The next joint IMPVC and CRA Advisory BoardlEZDA meeting will be held on January 31 at 2:00pm at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34]42 * The next IMPVC meeting scheduled for Tuesday, February 6, 2006 at 5:30 p.m. at the Career and Service Center located at 750 South 5th Street in Immoka]ee, Florida, 34142, has been CANCELLED. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County PubliC Information Department for distribution. Please call Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the eRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZOA/Community Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, Matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time. 5 16/1 A 6 Community Redevelopment Agency Advisory Board and IMPVC SPECIAL MEETING January 31, 2007 Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, FL 34142 2:00PM AGENDA A. Call to Order B. Roll Call and Announcement of Quorum ACTION ITEM C. Adoption of Al!enda ACTION ITEM D. Adoption of Minutes of the January 17, 2007, Meeting (Ene. 1) ACTION ITEM E. Communications (see communications folder at meeting) F. Old Business I .CRA 2006-00: Review and Comment on Draft Immokalee Area Master Plan Distributed on January 17 (Please bring the hard copy you received on or about January 17 to the meeting) ACTION ITEM G. New Business 2. CRA 2007-08: Discussion of Advisorv Board Recommendation for Fiscal Year 2007-2008 Budget Request ACTION ITEM H. Citizen Comments I. Next Joint Meetinl! Date (February 21,2007, at 8:30am) ACTION ITEM .1. Next Joint IMPVC Meetinl! (February 6?) ACTION ITEM K. Adiournment ACTION ITEM * The next joint IMPVC and CRA Advisory BoardJEZDA meeting will be held February 21, 2007 at 8:30 a.m. at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34142 ** The next IMPVC meeting will be held on Tuesday, February 6, 2006 at 5:30 p.m. at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34142 All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the eRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZDAlCommunity Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, Matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time. 16/j A 6 Community Redevelopment Agency Advisory Board and IMPVC SPECIAL MEETING January 31, 2007 Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, FL 34142 2:00PM MINUTES A. Call to Order The meeting was called to order by Fred N. Thomas, Jr. at 2:08pm. B. Roll Call and Announcement of Ouorum Advisory BoardJEZDA: Present: Fred Thomas, Floyd Crews, Richard Rice, Ana Salazar, Bernardo Barnhart, Denise Blanton, Caprtion Tom Davis, and Julio Estremera. AbsentlExcused: Rick Heers, Bob Soter, Carol Sykora, Eva Deyo, Ira Malamut, and Robert Halman. A quorum was announced as being present. Immokalee Master Plan and Visioning Committee: Present: Essie Serrata, Clarence A. Tears, Jr., Edward Olesdy, William O'Neill, Fred N. Thomas, Jr., Floyd Crews, and Richard Rice. AbsentlExcused: Raymond T. Holland and Leo F. Rodgers. A quorum was announced as being present. Others Present: Kurt Easton, Serge Atherwood, Dean Blocker, Jim Kenney, Cherryle Thomas, Bob Juster, Susi Winchell, Tracy Miguel, Pat Utter, Tom Jones, Carrie Williams, E. DeAndres, Dennis Perry, Austmo Barrios, Santos Nosornno, Michael Thompson, Pawel Mankowski, Thomas Greenwood, and Theresa Cook. C. Adoution of Al!enda With the addition of two items under Old Business.. . Approval of payment for Spanish and Translation services for Goals, Objectives and Policies and discussion of creation of a Technical Review Committee for the lAMP and the LDC amendments, the agenda was approved unanimously upon motion by Richard Rice and second by Floyd Crews. D. Adoution of Minutes of the January 17, 2007, Meeting The Advisory Board continue the minutes approval to the February 21 regular meeting. E. Communications (see communications folder at meeting). Bob Juster of TMI stated that the 30,000 square foot building in the Tradeport Industrial Park should be ready for use about April I, 2007, and the goal is to provide for the location of 10 new businesses in Immokalee. F. Old Business I.CRA 2006-00: Review and Comment on Draft Immokalee Area Master Plan (lAMP) distributed on January 17. It was pointed out that the general order of review of this document is as follows: . January 31 Draft lAMP review by the Advisory Board and the IMPVC; 16 ! '.1 A h · February 20 (set date) Draft lAMP for public meeting in Immokalee sponsored by the Advisory Board and the IMPVC to review the draft lAMP; · Technical Review of the Draft lAMP and LDC amendments by a 'Technical Review Committee"; · Changes from the Draft lAMP by Technical Committee come back to the Advisory Board and the IMPVC; · Planning Commission Review and comments on Draft lAMP (date not set); · Joint Planning Commission and BCC workshop review of Draft lAMP (date not set); and · Preparation of the Final Draft lAMP and presentation for review and adoption as amendment to the Collier County Growth Management Plan (dates not set) It was pointed out that this Draft lAMP is now available for view on the Comprehensive Planning Department web site at the following link: hllp:/Iwww.collieroov.net/lndex.aspx?paoe=315 and that the document is at the Immokalee Library along with the Spanish and Creole translations of the Goals, Objectives and Policies, Kurt Easton reviewed the January 17 draft lAMP page by page with the Advisory Board and the IMPVC and others present. The following are substantive changes agreed to (not all inclusive): · Page 12...eliminate the PUD-C land use Future Land Use Designationp; · All maps will not show environmentally sensitive or wetlands as is now shown in the current Future Land Use Map; · Page 20....Essie Serrata is going to send to RMPK Group revised Objective 2.5 and related policies as discussed at a meeting of the housing subcommittee during a meeting earlier in the day on January 31; · All references to "Sub-Area 9- Rural Lands" will be changed to "Urban Undesignated Lands" · Page 33..change NC to Mixed Use on the map; · Page 41.. .change "PUD-C" to "Mixed Use" and "MR" to Mixed Use" to allow some commercial uses; · Pages 45 and 46....update these pages to reflect the existing preliminary findings and recommendations prepared by URS, the consultant to the Airport Authority relative to preparing an airport master plan (Mike Thompson of URS stated that he would provide the electonic file to RMPK Group to permit the updates to pages 45 and 46 and stated that the Airport Master Plan should be completed in summer, 2007). Following extensive discussions, the following consensus was arrived at: I. RMPK Group to make the changes to the draft lAMP; 2. February 20 Public Meeting at 5:30pm in the One Stop Center to be held to review: · The maps · The goals and objectives of the Draft lAMP 2 16f] A 6 . Answer questions and provide a sense of the direction of the Draft lAMP 2. Authorization to Pav for Spanish and Creole Translations of the Goals, Obiectives and Policies of the Draft lAMP. Upon discussion, authorization to pay the 2 bills totalling $3,958 was given unanimously upon motion by Richard Rice and second by Bernardo Barnhart provided the recipients of the translations feel that the translations are accurate and staff was to determine such prior to payment to the consultant for payment for translations services. 3. Discussion of Setting Up a Technical Review Committee. The consensus was to have staff set up a Technical Committee having about 13 representatives from the following areas: . Immokalee CRA Advisory Board . Private property owners (2) . County Zoning . County Housing . County Graphics . County Transportation (2) . County Recreation . County Environmental Services . County Health Department . MPO . RMPK Group G. New Business 1. CRA 2007-08: Discussion of Advisorv Board Recommendation for Fiscal Year 2007-2008 Budget Request (continued to February 21 meeting) H. Citizen Comments None I. NextJoint Meetim! Date (February 21, 2007, at 8:30am) ACTION ITEM J. Next Joint IMPVC Meetinl! (February 6?) ACTION ITEM K. Adiournment ACTION ITEM * The next joint IMPVC and CRA Advisory Board/EZDA meeting will be held February 21, 2007 at 8:30 a.m. at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34142 ** The next IMPVC meeting will be held on Tuesday, February 20, 2006 at 5:30 p.m. at the Career and Service Center located at 750 South 5th Street in Immokalee, Florida, 34142. The February 6 meeting was CANCELLED. AU meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the lmmokalee Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevara, Planning Technician at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZDNCommunity Redevelopment Advisory Board, lmmokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, Matters coming before the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time. 3 1611 February 21, 2007 8:30am Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, Florida, 34142 AGENDA Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee A. Call to Order B. Roll Call and Announcement of a Ouorum C. Adoption of Agenda D. Approval of Minutes of the January 17 and January 31 meetings (Enclosures 1 and 2) E. Communications (see communications folder at meeting) F. Old Business 1. CRA 2006-10: Redevelopment of the Farmer's Market 2. CRA 2006-00: Status of Collier Countv/RMPK Group Contract a. Discussion of input from the February 20 public meeting b. Discussion of the Technical Advisory Committee for the lAMP and LDC overlay amendments c. Miscellaneous 3. CRA 2006-05: Status of SR 29 Bvpass Proiect (Enclosure 3) 4. CRA 2006-12: Satus of East of 951 Infrastructure and Services Studv 5. CRA 2006-02: FSU Medical School Satellite Training Proiect G. New Business 1. CRA 2007-01: Presentation Regarding New Market Tax Credit Program (a presentation is expected) 2. CRA 2007-08: Advisorv Budget Preparation for FY 2007-08...Discussion of expansion of the Contract Committee to prepare a budget to be recommended to the Community Redevelopment Agency and the Board of County Commissioners 3. CRA 2007-05: New Proiects in the Immokalee Area H. Citizen Comments. I. Next Meeting Date (March 21, 2007, at 8:30am) J. Adiournment AGENDA Enterprise Zone Development Agency A. Call to Order f! (,1 j . 6 16 f1 "po , I \ 6 B. Roll Call and Announcement of Ouorum C. Adoption of Agenda D. Approval of Minutes of the January 17 and January 31 meetings. E. Communications (see communications folder at meeting) F. Old Business I. EZDA 2006-08: Recommendation to Establish a EZDA/CRA Advisory Board Office in Immokalee 2. Miscellaneous G. New Business H. Citizen Comments I. Next Meeting (March 21 at 8:30am) J, Adiournment AGENDA Immokalee Local Redevelopment Advisory Board A. Call to Order B. Roll Call and Announcement of Ouorum C. AdOPtion of Agenda D. Approval of Minutes of the January 17 and January 31 meetings. E. Communications (see communications folder al meeting) F. Old Business a. EZDA 2006-06: Contract Oversight Committee Report RMPK Group Contract b. G. New Business H. Citizen Comments I. Next Meeting (March 21 at 8:30am) J. Adiournment * The next joint Advisory BoardlEZDA/IMPVC meeting will be held March 21, 2006 at 8:30am at the Career and Service Center located at 750 South 5'h Street in lmmokalee. ** The next IMPVC meeting will be held on Tuesday, March 6, 2007, at 5:30 p.m. at the Career and Service Center located at 750 South 5'h Street in Immokalee All meetings will be publicly noticed in tbe W. Hannon Turner Building (Building F), posted at tbe Immokalec Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevera, Planning Technician, at 239-659-5749 for additional information. In accordance with the American with Disabilities Act persons nceding assistance to participate in any of these proceedings should contact Ekna Gucycra, Planning Technician, at least 48 hours bef(m~ the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the eRA Advisory Board are also members of the other Boards and Committees, including, hut not limited to: EZDA. Immokalee Local Redevelopment Advisory Board, Immokalce Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming he fore the IMPYC and the Advisory Board may come hefore one or more of the referenced Board and Committees from time to time. 2 16/1 February 21, 2007 8:30am Career and Service Center of Collier County-Immokalee 750 South 5th Street Immokalee, Florida, 34142 MINUTES Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:45am. B. Roll Call and Announcement of a Ouorum Advisorv BoardlEZDA: Present: Fred Thomas, Floyd Crews, Rick Heers, Bob Soter, Richard Rice, Ana Salazar, Denise Blanton, Caprtion Tom Davis, Ira Malamut, and Julio Estremera. AbsentJExcused: Bernardo Barnhart, Carol Sykora, Eva Deyo, and Robert Halman. A quorum was announced as being present. Immokalee Master Plan and Visioninl! Committee: Present: Essie Serrata, Clarence A. Tears, Jr., Edward Olesdy, Fred N. Thomas, Jr., Floyd Crews, and Richard Rice. AbsentJExcused: Raymond T. Holland, Leo F. Rodgers and William O'Neill . A quorum was announced as being present. Others Present: Jim Kenney, Susi Winchell Tammie Nemecek, Tom Jones, Thais Kuoman, Carrie Williams, Dennis Perry, James Carras, Tom Zuniga, and staffer Thomas Greenwood. C. Adoption of Agenda. Upon motion by Essie Serrata and second by Julio Estremera, the agenda was approved with the following two additions: . Add under ioint meeting Old Business an item F6....update on the "Catalyst Project" by the EDC of Collier County. . Add under the Immokalee Local Redevelopment Advisory Board an item under Old Business as Fb.. .discussion of payment to the RMPK Group. D. Approval of Minutes of the January 17 and January 31 meetings. Upon motion by Denise Blanton and second by Dick Rice, the minutes for both meetings were approved. E. Communications (see communications folder at meeting) F. Old Business l. CRA 2006-10: Redevelopment of the Farmer's Market. It was reported that we should be hearing a report from Don Coker of the Department of Agriculture and Consumer Services in March. After discussion there was a motion by Floyd Crews and second by Denise Blanton to write a letter to the new Governor advising of this project accompanied by the old letter and asking for his help. The motion carried unanimously. 1';;;' fj !> ~ 6 16 rl A 6 2. CRA 2006-00: Status of Collier Countv/RMPK Group Contract a. Discussion of input from the Februarv 20 public meeting. Those present received a revised copy of the draft Immokalee Area Master Plan, changes from the January 31 version, a map of the EAR-based "wetlands" designation map. Fred Thomas stated that the draft, plus all comments from the February 20 meeting are going to be reviewed by the Technical Advisory Committee set up to do both the technical review of the draft lAMP and assist in preparing a new Immokalee LDC overlay district. The committee is soliciting a list of issues and barriers to development and redevelopment in Immokalee from the private sector and from the Committee members. Mr. Thomas stated that the regulations for Immokalee nced to be reflective of its geograpbic location and the demographics which make up the community. b. Discussion of the Technical Advisorv Committee for the lAMP and LDC overlav amendments Those present received a list of the members who will serve on this ad hoc Committee, c. Web Site. The Inventory and Analysis Report, the Economic Analysis Report and the draft lAMP are now available by accessing the following web page: http://www.collierqov,netJlndex.aspx?paqe=315 3. CRA 2006-05: Status of SR 29 Bvpass Proiect. Fred Thomas stated that he sits on the MPO board and that there is going to be a citizens advisory committee set up for this project. 4. CRA 2006-12: Satus of East of 951 Infrastructure and Services Study. Clarence Tears provided an update on the activities of the Committee. It was suggested that Mike Bosi, of Comprehensive Planning, might give an overview of the project during the March 21 meeting. 5. CRA 2006-02: FSU Medical School Satellite Training Proiect Denise Blanton stated that our elected people are still trying to make this project happen and indicated that the recent inability to put the deal together may have been due to attorneys involved in the negotiations. 6. EDC Update on Proposal for RACEC "Catalvst Proiect". Tammie Nemecek reported the following: a. The EDC, with BCC approval, has submitted 2 of the 13 sites received by the state within the RACEC for the "health care and sciences" project as part of the request for sites stage. Onc site is the airport while the second site is on private land to the immediate north of the airport. Both sites are within the urban area and the rcdevelopment area. b. The number of sites will be narrowed from 5 to 13 and only I site will be chosen to promote for thc location of a major health care and sciences project. We should hear about the site selection in the next several months. 2 1611 G. New Business 1. CRA 2007-01: Presentation Regarding New Market Tax Credit Program Tom Zuniga and James Carras were present and provide a copy of a power point presentation about the NMTC Program. Some major points made included: . Funding is federal, very limited, very competitive, for distressed areas, and only one application has been approved thus far in the state of Florida. . Need to have a for profit Community Development Entity. . Keys to success in applications include leveraging ratio of private dollars to public dollars; meeting the local needs, rural areas, low income, etc. . Recommend setting up a Community Development Entity with the ability to handle complicated financial transactions. (see page 8 of the power point presentation) 2. CRA 2007-08: Advisorv Budget Preparation for FY 2007-08 . After a brief discussion Fred Thomas named a Budget Committee to consist of Ira Malamut, Chair, Fred Thomas, Richard Rice, Denise Blanton, and Bob Soter. Mr. Greenwood gave Ira Malamut copies of various documents pertinent to the function of the Committee. 3. CRA 2007-05: New Proiects in the Immokalee Area . "Tradeport DRI". Handouts were provided relative to the proposed 1051 acre Tradeport DRI proposed by Collier Enterprises. Tom Greenwood stated that a pre-application meeting was held on February 20 and that he will attempt to get Pat Utter to provide a more detailed report on the project at the March 21 meeting. . Rick Heers reported that !HOP has asked FEMA to take over the management of the 24 FEMA trailers in Collier County with a goal to eventually purchase them for, say $500 each, and move them to Immokalee to provide much needed affordable housing. . Tammie Nemecek advised of the new Tourism Director for the state and that he wants to come to Immokalee to tour the community with Fred Thomas and Dick Rice. H. Citizen Comments. None I. Next Meeting Date (March 21, 2007, at 8:30am) J. Adiournment The meeting was adjourned at 10:35am MINUTES Enterprise Zone Development Agency A. Call to Order. The meeting was called to order at 10:35am. B. Roll Call and Announcement of Ouorum Please refer to above minutes. C. Adoption of Agenda Previously approved. D. Approval of Minutes of the January 17 and January 31 meetings were previously approved. E. Communications (see communications folder at meeting) A 6 3 16 r'f' ~ I t .I' f"'" .,~. F. Old Business I. EZDA 2006-08: Recommendation to Establish a EZDA/CRA Advisory Board Office in Immokalee. Fred Thomas stated that this recommendation was approved by the BCC on January 23 by unanimous vote and that it is now incumbent upon this group to carry out this first step. 2. Miscellaneous None. G. New Business None H. Citizen Comments None I. Next Meeting (March 21 at 8:30am) J. Adiournment The meeting was adjourned at !0:50am. MINUTES Immokalee Local Redevelopment Advisory Board A. Call to Order Please refer to the above minutes. B. Roll Call and Announcement of Ouorum Please refer to the above minutes. C. Adoption of Agenda Previously approved. D, Approval of Minutes of the January 17 and January 31 meetings were previously approved E. Communications (see communications folder at meeting) F. Old Business a, EZDA 2006-06: Contract Oversight Committee Report RMPK Group Contract. No report. b. CRA 2006-00: RMPK GrouP. Request for Payment of $12,200 for completion of the Implementation/Action Plan (Phase VI). It was reported that the Implementation/Action Plan is the last part of the draft lAMP. The only remaining unmet portion of this element is to carry out the joint CCPC/BCC workshop related to the draft document. It was also pointed out that the consultant would pay the sub-consultant translators from this sum of money. After discussion approval for payment was given upon a motion from Denise Blanton and a second from Bob Soter. Tom Greenwood stated that the will contact FGCU to make sure that they have been paid by RMPK Group for their services completed related to the Economic Analysis Report. G. New Business None. H. Citizen Comments I. Next Meeting (March 21 at 8:30am) J. Adiournment The meeting adjourned at !0:58am. * The next joint Advisory Board/EZDA/IMPVC meeting will be held March 21, 2006 at 8:30am at the Career and Service Center located at 750 South 5th Street in Immokalee. ** The next IMPVC meeting on Tuesday, March 6, 2007, at 5:30 p.m. at the Career and Service Center located at 750 South 5th Street in Immokalee has been CANCELLED. 4 1 6 r~l' 'A, 6 All meetings will be publicly noticed in the W, Harmon Turner Building (Building Fl. posted at the Immokalec Public Library and provided to the County Public Information Department [or distribution. Please call Ekna Guevera, Planning Technician, at 239-659-5749 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Gucvcra, Planning Technician, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the eRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalce Local Redevelopment Advisory Board. Immokalee Fire Commission, and the Collier County Housing Authority; ctc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 5 1611n 7 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL,_ (EM SAC) " "" ," !r_~ l-~ 1,J? January 30, 2007 COLLIER COUNTY COMMISSION BOARD ROOM :';'<'':::~,:'r~ Fiala ,L.J< Halas__~::.;::~- Henning_..,_____,_ Coyle ___~ - Coletta . -_.,.~-- .--- District 1 Commission District - Vacant District 2 Commission District - Jeffrey Albritten, Chairman, Present District 3 Commission District - John Valenti, Present District 4 Commission District - Nancy Lascheid, Vice Chairman, Present District 5 Commission District - Vacant At Large - Johan Domenie, Absent At Large - Dr. Douglas Lee, Absent Naples Community Hospital- Gail Dolan, Present City of Naples Police and Emergency Services - Jim McEvoy, Chief, Present Collier County Health Department - Judith Nuland, Present City of Marco Island Fire/Rescue - Michael Murphy, Chief, Present Collier County Fire Chiefs Associations - Rob Pottieger, Assistant Chief, Absent Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present Collier County Sheriffs Office - Commander Bill Rule, Present The regular meeting was called to order by Chairman Albritten, followed by the "Pledge of Allegiance". A quorum was present at this time. Motion to adopt agenda; passed unanimously. Motion to adopt minutes from previous meeting; passed unanimously. OLD BUSINESS; AUIR (Annual Update and Inventory Report): Jeff explained the AUIR was accepted by the BCe. This report is based on population, currently for every 15,000 in population we supply 1 transport ambulance. With the population increases we are expecting to add 3 more additional growth units next year. He explained that we plan to use grant money to bring in a nationally recognized consultant, which will help take a look at the level of service standard, and help validate what it should be. This person will look to see if our 15,000/1 is good number; maybe that number needs to be adjusted, and they will also look at the location of our stations to be sure they are appropriate. He also stated with the four growth units we are adding this year, we might be able to reach our 90% mark by putting those in the right places. Then next year we may nced less growth units than the 3 projected. At the point we identify a consultant we will be bringing them to you for your review, with all their credentials and the scope of work they will provide. Mlsc~corres L 'b Date J- Item# lu1 \ Ai: Cr,p.",IO 16 11 A 7 Jeff showed a current parcel ofland that we recently purchased for a growth station on Vanderbilt and Logan that was purchased for $286,000 versus the $900,000 the Board allocated for each land purchase. Another growth unit is in Heritage Bay. The PUD allocated a parcel ofland for EMS, so that is land we don't have to purchase; and another $900,000 in savings. The third station we are currently in negotiations with is the North NaplesWater Plant. They were planning on building an Operations Center on that site. We agreed to build on the first floor, and they are going to build on top, which gives us another several thousand dollars in savings. The last piece of property is on Old 41 and New 41, which is going to be around 700,000 (still $200,000 in savings). One of the members questioned the outcome of a meeting with the Port of the Islands for a joint station. Jeff stated that they met with a group representing the Port of the Islands. They wanted to purchase half of the land along with the County (which is not what was originally agreed to). We think they will purchase the land to have a community center on site, then they will allocate a portion of the parcel for EMS along with Ochopee Fire. We are still waiting for everything to go through. Hopefully we will have more concrete information in the next few months. Another member then asked for more information on the location of the property. Jeff explained where it was located and stated that he will provide more information in the future. Jeff also talked about Ave Maria. We budgeted another $900,000 for the purchase of land, and the last he heard was it was supposed to be donated. Also there is a parcel in Fiddler's Creek, close to 41, that was designated Fire and EMS, which will also be free land. He explained the reasoning for budgeting so much money for land purchases. You have to keep in mind the worst case scenario. Which would be: We don't co-locate; we buy top dollar land; and there are no breaks. Consistently we have not had that scenario, but it could happen, and that's the reasoning for projecting so much money. Jeff then went back to the Vanderbilt and Logan parcel. Currently we are going through the site development and permitting process. We also went before the Planning Commission. He talked about a suggestion from Transportation for the exit of the ambulance. He stated that the Planning Commission agreed on his suggestion to have the exit at a location which allowed for better access to all directions. They also agreed to not have a separate transportation arm that would stop traffic because there was a traffic light already there. They agreed on having a device to control the light and make it green when needed. The next thing the Planning Department suggested was a 6 foot wall along most of the edge of the property to provide a noise buffer from the traffic for a resident. We suggested a retaining wall around our site instead of a wall along the whole property. The committee members stated concern that the resident probably won't want a wall along the property. In fact the resident's house lies very close to the edge where the wall would be located. We are going before the Board soon to contest the wall. We are also in the site development phase with the Heritage Bay station. We have offered North Naples Fire an opportunity to come in and help share the cost. However, they think it might be slightly smaller than they are looking for. 1611 !l f' ..~ , , 7 Mr. Murphy asked if the goal for the ALS response times included an ALS engine arriving first on the scene, or ifit only reflected EMS units. Jeff then showed a more detailed report regarding the response times. Typically the ALS engines aren't included in the percentages. Mr. Murphy suggested we change the orientation of the data to reflect a per incidence statistic versus per zone. Dave Stedman explained the data on the report further. He also explained that in the future we will provide data showing the response time ofa paramedic regardless if they are on an engine or an EMS unit. NEW BUSINESS: STAFF REPORTS: Chief Watson explained the State Aggregate Report for FY -06. The first report that he showed was a Pre-Hospital Yearly Report which give the ages of the people transported. In Collier County our average for people between 75 and 84, and 85 + were 3% higher than the states average. It also showed that 35% of the people we transport yearly are over the age of75. The next report showed transport data. County wide we transport 56% of the people who call, and state wide the average is 49.5%. The last report broke down the complaints of patients that were transported. For example, people who called reporting chest pain. Collier County was a full percentage point above the state's percentage. He also went over some of the other types of calls. He stated that they use this data to help develop protocol, make equipment purchases, and treatments and modalities to serve the people better. Jeffreported on the current testing. Recently we had 44 people tested, and we filled all the vacancies we had. SPEAKERS FOR PUBLIC COMMENT: There were no registered speakers. BOARD MEMBER DISCUSSION: The board briefly spoke about the current vacancies in District I and District 5. The next meeting will be held on February 28,2007. Respectfully Submitted, ] ennifer Florin 16/1 ,A! 7 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) February 28, 2007 COLLIER COUNTY COMMISSION BOARD ROOM District 1 Commission District - Vacant District 2 Commission District - Jeffrey Albritten, Chairman, Present District 3 Commission District - John Valenti, Present District 4 Commission District - Nancy Lascheid, Vice Chairman, Present District 5 Commission District - Vacant At Large - Johan Domenie, Absent At Large - Dr. Douglas Lee, Present Naples Community Hospital- Gail Dolan, Absent City of Naples Police and Emergency Services - Jim McEvoy, Chief, Present Collier County Health Department - Judith Nuland, Present City of Marco Island Fire/Rescue - Michael Murphy, Chief, Present Collier County Fire Chief's Associations - Rob Pottieger, Assistant Chief, Present Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present Collier County Sheriff's Office - Commander Bill Rule, Absent The regular meeting was called to order by Chairman Albritten, followed by the "Pledge of Allegiance". A quorum was not present at this time. Marco Merger meeting information moved to the front due to Mr. Summers having to leave. Mr. Summers explained a Table of Contents (attached) showing the topics in the study of the merger. It breaks down the various levels of consolidation of the merger and how everything will work together. This report is just early draft work on what they have been discussing. Chief Murphy spoke briefly about "sitting down with your neighbor" and trying to make a better system. Chief McEvoy requested that there be clarification that the City of Naples will not be participating in this study. Mr. Summers made that clarification. Jim von Rinteln form Emergency Management spoke about the new EOC that is in the works of being built. The land is being cleared and the utility work is getting ready to be started. The property is just east of Edison College. He showed a few architectural renderings of what the building will look like. He also showed some pictures that he took in the last couple of weeks showing the land being cleared. A quorum is now present. Motion to adopt agenda: passed unanimously. Motion to adopt the minutes from the previous meeting; passed unanimously. 16 11 A 7 OLD BUSINESS: Update on the BCC's review of Stations 73 's Conditional Use Permit: Chief Page stated that the BCC met yesterday and voted on Station 73 's Conditional Use Permit. He stated that the Board approved it. They needed a super majority for it to pass, and they recei ved that. NEW BUSINESS: Revision of ALS Engine Agreements: Dr. Tober was present and made himself available for questions from the Council. One of the members had a question about when the agreements were last updated. Chief Page spoke to explain that they haven't been updated, some of the districts have come in to the program later than others. He also explained the copy that each member was given was the most recent revised copy of the agreement from the County Attorney's Office. He explained that the County Attorney's Office suggested amending the current agreement; versus deleting and starting over. The example that was handed out was a revised copy that Marco has agreed upon. Chief Page also explained that the BCC has requested a change in the order of signing the finished agreement. Traditionally the Interlocal Agreements would have been negotiated and then go to the individual city councils or to the fire board to sign, and then the BCC would sign last. The BCC has requested that this be reversed and that they have to opportunity to sign the agreement before the individual city councils or the fire board. He explained that they are looking for specific language in the agreement regarding the Operational Agreement that is connected. One of the members spoke concerning the level of inappropriate behavior that is happening. Dr. Tober responded stating his main responsibilities are to be sure that the patients are taken care of reliably, confidently and enthusiastically. He explained that compliance happens on a day to day basis, some days it's there and others it's not. He also explained that he feels the Interlocal Agreements do in fact need to be amended; that these amendments need to be realistic to what happens in the field today, and they need to be as uniform, county-wide, as possible. He stated that one of the issues we face is: How many resources are available in anyone day, at the minimum. Certain regions may have 1-3 ALS additional units available depending on staffing. However, we are trying to create an optimal utilization of resources, instead of having an idea of who's on first and who's on second. Another issue involved is the lack of documentation of paramedic practices being done by fire departments who are at the scene first. There is very little documentation and no way to quality check these procedures. He stated that he wants to be sure there is a system of accountability in place. Lastly we want to have a better understanding of who is staffing the most recently added ALS vehicles; what level of training thesc people have and what are the plans and goals. Basically we are trying to create some consistency from the medical stand point of this ALS program. A few of the other members spoke with concern of how unfortunate this situation is playing out. They believe that this could have been handled differently. Nancy 16tlA 7 specifically stated that continuity needs to start with leadership especially with the delivery of emergency healthcare. Dr. Tober needs to lead the charge so that everybody else is comfortable with the outcome. Chief Page spoke regarding what he feels the BCC will be looking for in the Operational Agreement that goes with the Interlocal Agreement; based on previous conversation with them. He feels they will be looking for some way to devise a method whereby there is a standard for when two units (an ALS engine and an ambulance) both in the same station; when they would go together and when one would stay back. Currently, in most cases we are both going to every call. This issue was brought up in the AUIR by the Productivity Committee. They felt there was no definitive way to address the issue of who will respond when; and by co-locating we are actually hurting ourselves. Because when two units respond to the same place, you aren't actually doing anything for the response times. Chief Page asked permission of the Chairman for two or more members to meet as a "subcommittee" on March 7'h to discuss the Interlocal Agreement with the other Chiefs in the County. Chairman Albritten had no objections. Chief Page stated that there should be no reason the agreement shouldn't be completed on that date. He also stated that he wishes to have the agreement brought back to the Advisory Council for vote before it goes to the BCC. STAFF REPORTS: Chief Page spoke briefly regarding the pre-employment testing that is currently going on. There are only a few positions left to be filled. He also stated that Naples Community Hospital has decided to relocate their transport unit to the North Collier Hospital. Chief McEvoy asked if the 90 day deadline for termination of the current Interlocal Agreements that Mr. Summers gave would be extended ifthere is an effort by the individual districts to amend the agreement. Chief Page stated that if effort is being made and we are working together it should not take any longer than 90 days to complete. Also the only person who can terminate the agreement is in fact Dr. Tober. He reiterated that the goal is to amend the current agreements and not to terminate any of them. SPEAKERS FOR PUBLIC COMMENT: Bob Metzger the Assistant Chief from North Naples Fire introduced himself to the Council. BOARD MEMBER DISCUSSION: 16 /-1 A i 7 Mr. Pottinger asked if the lnterlocal Agreement that he had in front of him was a draft or a sample of a completed one. Chief Murphy explained that it is simply a draft. Chief Page explained that the county is going to be more involved with this agreement than they have been in the past. The agreement that he is seeing is probably going to be the final with some minor changes. However there will be an attachment, along with that which will be the Operational Agreement, where it is specific on how we operate day to day and how we respond, which is what the Board (BCC) is really looking for. For example, one of the reasons we had to amend these is both cities are looking to increase the number of ALS engines that we license and the existing agreements don't allow for that. North Naples's agreement states 8, and now they have 10 licenses and in some cases, they have 10 up in one day. So we need to make it so every time we want to add a new ALS engine we don't have to come to the Board first. What the Board is specifically looking for is how many ALS engines we can count on; 24 hours a day, 365 days a year. Also if we are going to include them as part of our resources for response times we need to know that we can count on them every day. And we need to know we can utilize them in the manner we need to utilize them. Dr. Panozzo stated that he wishes to have the agreements brought back to the Council before they are brought to the BCC. A Motion was made by Dr. Panozzo and seconded to have the agreements brought back the Council to make a recommendation before the BCC. Motion passed unanimously. Meeting was adjourned. The next meeting will be held on March 28, 2007. Respectfully Submitted, Jennifer Florin 16/1 f"l1 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit 8 RECEIVED MAR 0 2 2007 Board of County CommissIoners NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIV,'Ef, NAPLES. FLORIDA 34108 ON WEDNESDAY, MARCH 7, 2007 AT 3:00 PM, Fiala \},VIt' _ 1, RollCall Halas '~ 2. Approval of Minutes of the February 7, 2007 Meeting Henning~- 3, Approval of Minutes of the February 14, 2007 Workshop Coyle . 4, Audience Participation Coletta 5, Chairman's Report Introduction of Mary Anne Womble - Newest PBSD Board Member PBSD Elections Sunshine Laws - PBSD Board of Directors Collier County District 2 Commissioner Report Collier County Manager's Office Report West Boulevard Walk Path Repairs Ridgewood Drive "Children Sign" Status Clam Bay Presentation Committee Reports Clam Bay Committee Clam Bay Monitoring and Improvement Schedule County Approved $40,000 PBS&J Study for Clam Bay Status of Current Dredging Permit Renewal Osprey Nest Recommend the Appointment of Mary Anne Womble to the Clam Bay Committee Options on Increasing Membership of the Clam Bay Committee Budget Committee Fiscal Year 2007 Capital Project Budget Proposed Fiscal Years 2008-2011 Capital Projects Fiscal Year 2008 Projections Historical Assessments Bikepaths Government Relations Red Flag/Green Flag Administrator's Report Capital Projects Irrigation and Landscape Improvements Phase VI Community Issues Sidewalk Repairs US 41 Median Irrigation Conversion Hurricane Wilma Storm Damage Hurricane Charley Storm Damage Committee Requests Audience Comments Adjourn 10. 11. 12. NOTICE OF PUBLIC MEETING WEDNESDAY, MARCH 7, 2007 6, 7. 8. 9. Mlsc C Ci', Date L(~;t.ld 0r Item#J Lv:1 I A ~' \_,<",:~ fO SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES 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/i'A 8 PELICAN BAY SERVICES DIVISION BOARD MEETING February 7, 2007 Naples, Florida LET IT BE KNOWN. that the Pelican Bay Services Division Board met in Regular Session on this date, February 7, 2007 at 2:00 P.M. at Hammock Oak Center. 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Burke, Chairman Mr. Coleman Connell, Vice Chairman Mr. John Domenie, Vice Chairman Mr. Donald Spanier, Vice Chairman (late arrival) Ms. Annette Alvarez Mr. John Boland Mr. David Bramson (late arrival) Mr. David Nordhoff Mr. John laizzo (late arrival) Mr. Edward Staros (late arrival) ALSO PRESENT: Thirty-seven (37) members of the public; Mr. Tim Hall, Turrell & Associates; Mr. Ken Humiston, Humiston & Moore Engineers; Corporal Carmine Marceno, Collier County Sheriff's Department; 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 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 Projects Irrigation and Landscape Improvements Phase V Irrigation and Landscape Improvements Phase VI Community Issues Sidewalk Repairs 6702 Pelican Bay Services Division February 7, 2007 16/111' 8 Hurricane Wilma Storm Damage Hurricane Charley Storm Damage 9. Committee Requests 10. Audience Comments 11. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the Record reflect all members present with the exception of Messrs David Bramson, John laizzo and Edward Staros with late arrivals. APPROVAL OF MINUTES OF THE JANUARY 3.2007 BOARD MEETING Mr. Nordhoff moved, seconded by Mr. Domenie and approved unanimously, the Minutes of the January 3, 2007 Meeting. -- - ------ ------ - --- APPROVAL OF MINUTES OF THE JANUARY 4.2007 WORKSHOP Mr. Domenie stated, "Mr. Burke, on the last page of the Minutes you stated that you were going to put together a point summary of the Workshop, which you will have Mrs. Smith forward to everyone". Is that for the next Workshop scheduled for February 14th? Mr. Burke replied, "Yes". Mr. Spanier moved, seconded by Mr. Nordhoff and approved unanimously, the Minutes of the January 4, 2007 Workshop. AUDIENCE PARTICIPATION Mr. Burke stated, "At this point we get into audience participation and I am going to acknowledge one of our esteemed former members, Mr. Joseph Bawduniak, who has an issue that he would like to bring before us". Mr. Bawduniak stated, "I am a resident of Pinecrest; a community of individual residential properties". I am here to make you aware of a very pleasant, cheerful situation, which has evolved in our neighborhood and to also call on you for help. In the last year or so. we have had eleven children move into three properties across the street from each other. This is very nice, it is cheerful and pleasant. However, the residents are aware of their presence and drive slowly, but the DHL and FedEx trucks that are in our community all the time, come racing in and out of 6703 Pelican Bay Services Division February 7, 2007 16/1,4f8 the area and I have become concerned. Tallow Tree Court is the street that the children live on and is a dead end, cul-de-sac. The children do not play in the street, but some of them are under five years old and that makes it a little unpredictable. The ever responsive Mr. Domenie has already looked into this a bit with the County and got a response that they do not use 'Watch Children" signs, because they claim that they do little to help driving habits, and tend to give children a full sense of security. I respect that answer, but I do not think it is good for Pelican Bay. I don't think it fits Pelican Bay. We are known as a retirement community and children are a surprise. I am asking you to look at the diagram that shows the children's location and the location of a potential sign on the property of Mrs. Van Dam, who would love to have it, because four of the children belong to her. Mr. Bawduniak continued, "I understand there is a setback and the County does not like this, so that is why I came to you". This specific request gives you the opportunity to look at a general policy for those signs. I think you are going to see younger families moving in with small children. Having said that, I would like you to, over time, consider this and see what you can come up with to get the County to play ball. I know you put neighborhood signs up on your own, so perhaps there is something you can work out. When I see a 'Watch Children" sign, it sure causes me to scan harder. Thank you and over time, I would hope that you will look at this to see what you can do for us. Mr. Burke asked, "Has Mrs. Van Dam agreed to have a sign placed her yard if things could be worked out"? Mr. Bawduniak replied, "Yes". Mr. Burke asked, 'Would the sign face out to Bentwood Drive"? Mr. Bawduniak replied, "There are three "x's" on the sketch and the one with the line would be the location". Mr. Spanier stated, "I think this is an excellent idea and of great need in the community". I notice that Bentwood Drive is a circular through street, and it appears to me that we might be well advised to have two signs". One sign could be located at the ingress/egress of Bentwood Drive on to Ridgewood Drive. both the north and south side, saying "Caution children in the street". We had a similar problem in Oakmont and will put a tag on the motion, which I am going 6704 16/JA'8 Pelican Bay Services Division February 7, 2007 to make. I think that most of the difficulty that you are referring to comes from UPS. I have watched their trucks, which the Foundation needs to address a letter to, cautioning them that within the Pelican Bay community we have a speed limit. With that, I would like to move that this not become a County/Pelican Bay project, but rather a project undertaken through the Pelican Bay Services Division. We have volunteer property for placement of the signs. I would move that we incorporate into the record the basic proposai made by Mr. Bawduniak and that we instruct Mr. Lukasz accordingly. Mr. Petty stated, 'There is an issue with the Pelican Bay Services Division placing signage on private property". The fact that there is availability at this location is something that we could discuss, but the Division could not place a sign on private property, it would have to be within an easement of the County. This is an issue that I believe will have to be eventually worked into a policy. If it works here, we will probably have to use it elsewhere. I currently see three different options that this body may wish to review and then place before the County, whose roads they are, for implementation. There are the signs that would have to be in the right-of-way or easement; it is possible that we could do so with some type of light arrangement as they do in a school zone. There are also calming devices that could be placed in the roads, which are the turn-a-rounds or humps in the road. Mr. Spanier stated, "I don't think we really ought to get into the details which should go to a sub-committee that Mr. Burke wants to appoint". Your comments are certainly welcome, but basically, I think we have a motion on the floor that deals with Mr. Bawduniak's request and proposal. I would just as soon act on it and then Mr. Burke can appoint a sub-committee in discussion with our consultant, Mr. Petty, giving his input and our Board making the decision. Corporal Carmine Marceno stated, "Safety and security is our number one focus, especially when dealing with children in a residential neighborhood". One thing I would like to say is that if you do have a speeding truck such as UPS, FedEx or whatever, get the date, time, tag number, identification number on the truck and you can call me direct. I can place a call or visit that person, or his supervisor, and get an immediate response. I can be reached at 793-9526. will do an immediate contact and follow up with you on the results. 6705 - Pelican Bay Services Division February 7, 2007 161] A 8 Ms. Heidi Ashton stated, "I wanted to make sure that you are aware that if you find locations where you would like to place these signs, if the property owner is willing to donate a public easement to the County for the use of the Pelican Bay signs, then that would be appropriate as well". Mr. Burke asked, 'Would the property owner have to donate the easement"? Ms. Ashton replied, "Ves". Mr. Boland stated, 'We have speed limit signs posted everywhere". On that particular street could you post a sign of 10MPH sign? All you are doing is changing the speed limit, rather than have a watch children sign. If you have seventeen children move into high rises, they may end up wanting to put something out on Pelican Bay Boulevard, which could be a problem. If you just reduce the speed limit, would that circumvent the problem, I don't know. Mr. Burke asked, "Mr. Spanier, what is your motion"? Mr. Spanier stated, "I would recommend that we move to proceed with Mr. Bawduniak's proposal to appoint a subcommittee to work out the details of the sign age and bring it back to this Board for approval, since we have had a great deal of experience with making mountains out of mole hills of what are very simple resident based requests, like the cul-de-sac signs that we have been going to process for over a year". Mr. Spanier moved that we honor the request from Mr. Bawduniak and that Mr. Burke appoint an ad hoc committee to develop an action plan and report back to this Board at their next meeting. Motion died for lack of a second. Mr. Domenie stated, "My problem is not with what Mr. Bawduniak has brought up, but why do we need an ad hoc committee"? Why can't we just ask Mr. Petty and Ms. Ashton to find out how to go about this? I don't think it makes much sense to delay it another month. Mr. Spanier stated, "I don't think Mr. Petty should be making the policy decisions for this Board". Mr. Domenie asked, 'What is the policy decision that you are worried abouf'? Mr. Spanier replied, 'The matter of traffic signs". I really think that for our own comfort; distinguish between actions that should be ratified and decided by the Board and those from whom we seek the advice that we need, such as our consultant. 6706 1611 A '8 Pelican Bay Services Division February 7, 2007 Mr. Domenie asked, "If the motion dies, does that mean that we do not take any action"? Mr. Burke stated, "No, I think we can take action on this issue". Mr. Petty stated, 'The motion without a second dies, but that does not mean that you cannot have an alternative motion or consider other actions". Mr. Burke stated, "An alternative motion would be that we want to proceed with this in some way, shape or manner, to caution drivers". Mr. Petty stated, "The Board wishes to positively respond to the request, it is just going to be the most expeditious manner in which to do that". You can direct staff without a motion, as long as there is a consensus from the Board. Since it appears that we have consensus, we can look at the issue of why a sign can't go in and see if something can be done. If you would like us to talk to a single Board Member on this for feedback, certainly we can do that too. If you choose to do that, I would suggest that you do that through motion, second and approval for the person that you want us to talk with or you can ask staff to talk to the Chair or any of your Vice Chairs. Mr. Burke stated, "I will assign Mr. Spanier to work with Mr. Petty on this issue". Mrs. Selma Petker - Bridgeway - "I have two separate questions". The first is concerning the retention pond at Waterside Shops. Last week I was at the County and saw the plans showing the culvert. One of our board members went to the County yesterday and apparently 30%-50% of the pond will be taken away for construction. It is under your purview and has anybody taken a look at those plans? I also think that the Southwest Florida Water Management District has something to do with it. Mr. Burke replied, 'They did". I can't recite it form memory, but I am a little remiss because the newest member of our Board is Annette Alvarez, the General Manager of Waterside Shops. Ms. Alvarez may be able to speak to this better than I, but I believe there has been no change to that plan since it has been signed off by the Southwest Florida Water Management District. Mrs. Petker stated, 'What I am asking is, what is the plan"? Mr. Burke replied, "It is a retention pond". It is going to have the same practical use that it has now and we have to sign off on that because we manage the water runoff. Mr. Petty, have we signed off on our part of that yet? 6707 Pelican Bay Services Division February 7, 2007 16'.' J 1 A 8 Mr. Petty replied, "Mr. Lukasz and I were just discussing the history of that lake that is between the Waterside Shops and the commercial entity behind the Philharmonic". I need to talk to Mr. Lukasz a little further on that issue. There have been reshaping of lakes within Pelican Bay since the very beginning, but the acreages must stay the same. We have always had the policy that if the lake was long, it could become wide. As long as we had our acreage for the retention requirements, the shape did not matter that much. In this particular case, I need to review with staff and make sure that any connecting drainage system between our secondary source, such as our roads, and I am certain Ihat lakes does take surface water drainage from the roadway system and, as such, is part of the water management calculation conveyance system and make sure that the reshaping that they are considering takes into account our acreage requirements. Mrs. Petker stated. "There is a sidewalk that runs along West Boulevard and it ends up at the Philharmonic". There is a hole in the sidewalk that has been there for several years. I have asked the Philharmonic to look into the situation and fix it, and nothing has happened. I am wondering, is it a Pelican Bay Services or Waterside Shop problem? Mr. Lukasz stated, "It is a water meler location and utilities is supposed to be taking care of il". It is a water meter box that has sellled in the sidewalk. Mrs. Petker asked, ''When will that be done"? Mr. Lukasz replied, "I actually talked with them a couple of days ago and they have been Irying to get the contractor to come back in and make the repair". Mrs. Petker replied, "Thank you, but it has been a couple of years". Mr. Burke asked, "Are we doing something with it"? Mr. Pelly replied, ''We are working with utilities". Keep in mind that in Collier County the utilities are an authority, not so much a part of the County, but as a separate entity now. Mr. Doug Finlay stated, 'This is more of a procedural question". I was wondering if Ihe Board allows public comment of a particular item"? Mr. Burke slated, "I believe you are referring to Ihe Clam Bay presentation". Mr. Finlay replied, "Yes. I was wondering if there is a procedural manner for the audience to make comments"? 6708 Pelican Bay Services Division February 7, 2007 16/1 AlB Mr. Burke replied, "During the presentation the Board will ask questions and then when the presentation is complete, I will then allow the audience to ask their questions". Rather than have the audience interrupting, I will open it for questions at the end of that agenda item. Mr. Cal Grayson stated, "I am a Serendipity residenf'. I want to express my appreciation for Mother Nature and the Pelican Bay Services Division, because as far as I am concerned, the landscaping this year is a whole lot better than it was last year. My number one concern today is the sidewalk on the opposite side of the Waterside Shops. I don't have pictures, but the section of sidewalk at the St. Williams entrance on West Boulevard is in disrepair. I notice on your schedule you have sidewalks and I am asking if that section can be given first priority because it is very hazardous. I saw a blind person walking on the opposite side of the street with a Seeing Eye dog and if he had been on this side of the street he would not have made it. It is a very hazardous condition and I would ask that it get first priority. There are six sections that need taken care of and I know we don't like killing trees, but it is the same section that I brought in pictures of five or six years ago. It continues to be something that is very hazardous and I hope it is placed first on your list, if you have a schedule. If somebody falls, you are going to be sued. Mr. Burke asked, "Is that something we can look at"? Mr. Petty replied, "It is already on our screen". I just want to remind everybody that we work with the County, to the best of our ability, in trying to up that priority in our pavement program. It is not in the Pelican Bay Services Division Budget, but we do work to the best of our ability to get those areas addressed. Mr. Domenie stated, "The sidewalk on both sides of West Boulevard need to be taken care of'. Mr. Tom Cravens stated, "I would like to extend an invitation to each of you". This Saturday, The Conservancy of Southwest Florida is going to host a day long symposium on mangrove systems in Southwest Florida. I can guarantee you that if you attend; you will leave knowing a lot more about mangroves than you currently know. This is a joint venture of The Conservancy of Southwest Florida and the Pelican Bay Mangrove Action Group and it is absolutely free. Spend your Saturday with us and learn more about mangroves. It starts at 9:00 6709 Pelican Bay Services Division February 7, 2007 1611 A'S AM and will probably end at approximately 3:00 PM. The Conservancy is located at the traffic light just south of the zoo on Goodlette Frank Road. Ms. Ashton stated, "If you have a number of members of the Pelican Bay Services Division Board at The Conservancy Seminar, I would ask that you try not to get into a dialog regarding some of the specifics around Pelican Bay, because you cannot discuss through a third party, issues that could perceivably come before your Board". I want to caution you on that issue. CLAM BAY ANNUAL REPORT - TURRELL & ASSOCIATES Mr. Tim Hall of Turrell & Associates provided a detailed Power Point Presentation of the Clam Bay Annual Report". The conclusion of the Report is that: a) The overview for 2006 is that the mangrove system continues to respond very well to the measures undertaken to promote stability and regrowth. b) Continued efforts are needed to quantify the response to measures that have been implemented and to make sure that the measures implemented are maintained in the future to continue the recovery of the mangrove die-off areas. c) Seagrass conditions in Outer Clam Bay will be more closely monitored as a result of the amended survey techniques. Additional recommendations may be forthcoming based on results of these surveys and the results of the PBS&J report. d) The outlook for 2007 and beyond is optimistic and indications are that the majority of the system is on the road to recovery. Mr. Hall stated. "The County has been negotiating or working with a non-biased outside consultant to come in and do an independent survey of Outer Clam Bay, to look at the sea grasses and to look at the potential inputs for activities that could affect those sea grasses". They will then try to make a determination if there is one major causal reason for the decline, or if it is an accumulation of a lot of different little things that are leading up to that. They are also going to be looking at some nutrient loading and possibly make some recommendations on future management items or objectives that could be looked at. Along those lines, rather than doing 6710 Pelican Bay Services Division February 7, 2007 16/1 ,AI 8 just the transect surveys, because everyone is interested in the overall coverage, we are going to change our monitoring in the future to do a full bay survey. Mr. Domenie asked, "How can you do that"? Mr. Hall replied, "It is basically more transects". Instead of doing just nine transects, it will probably end up being somewhere between twenty-five and thirty transects, all in Outer Clam Bay. I have been included in some of the meetings with the sea grass consultant and hopefully, we will be providing them with a lot of data from past years in terms of nutrients, to help him come up with an analysis that everyone is going to be happy with. Mr. Petty stated, ''We would like Turrell and Associates to come back with a proposal for Board approval so that we know that this is not part of the permit requirements and that the Board is giving clear direction to expand the program". I am looking for a motion from the Board for the suggestion of Turrell & Associates. Mr. Domenie moved seconded by Mr. Nordhoff to authorize Turrell & Associates to prepare a proposal for Board approval of additional transects for monitoring in Outer Clam Bay. (Motion withdrawn) - - - -- - - - - - - - --- ---- Mr. Hall asked, ''Why don't you allow me to put the proposal together and present it to the Clam Bay Committee and they can review it and present it to the Board"? Mr. laizzo stated, ''We need a clarification on the expansion". Mr. Hall stated, "I can do that so that you are not making a decision without the costs". Mr. Petty stated, "May I ask that the Motion on the floor be withdrawn"? Mr. Domenie stated, "I withdraw the motion that I had placed on the floor". Mr. Domenie asked, "Mr. McAlpin, do you see any problems"? Mr. McAlpin replied, "No. I believe that any infonnation we get will be welcome". I would suggest that we wait until we have the report from the sea grass expert and then combine any recommendations. Mr. McAlpin stated, "If the Annual Report is not on line, I would suggest that you put it on line". There is a lot of good hard work done in this Report and that needs to be shared with the community. The best way to dispel doubt is to put the information out there for people to look at 6711 Pelican Bay Services Division February 7, 2007 1671 A~8 it. In the area of Clam Pass Park, there is an area of mangrove die off and it has been there for a number of years, with nothing being actively done there. We need to address that and if nothing else, put a monitoring gage in there so that we can assess the status of that area and an action plan that addresses that area to dispel any comments that may come up. Mr. Hall stated, "There has been a channel placed in that area". After Hurricane Charley we noticed the rapid yellowing of this area and the channel was reopened. That was done almost immediately to try to stop that die off. We have started a monitoring plot in that area to provide a comparison that will be included in next year's report. Mr. Petty stated, 'That is the area that we asked to be included in the dredging in order to bring the flushing action in, but we were denied". Mr. Hall replied, 'That is correct". It is outside of the scope of our permit and would have required additional permitting. Mr. Petty stated, "This is something that we have talked about for a long time". Mr. Domenie asked, "Should we try to get a permit to do that dredging"? Mr. Hall replied, "I believe that what we have done in there so far is sufficient to maintain the area". If we reopen that, the risk is that another storm could come in and close it right back up. We are trying to provide it as more sustainable, so that we don't provide the risk of subsequent closures. CHAIRMAN'S REPORT INTRODUCTION OF NEW DIRECTOR. ANNETTE ALVAREZ. GENERAL MANAGER. WATERSIDE SHOPS Mr. Burke stated, "I want to begin by introducing our newest Director, Ms. Annette Alvarez, who is the General Manager of Waterside Shops". I have worked off and on, on little projects with Ms. Alvarez since she has been here and I am very excited about her coming on this Board. She was selected by Forbes, the parent company of the mall, to leave her life on the East Coast and take on this project, but I think that has to be a major challenge. Mr. Burke continued, "In my opinion, the crown jewels of Pelican Bay and Collier County's commercial, tourist, and retail establishment is the Ritz Carlton, The Naples Grande and the Waterside Shops". Waterside is going to become even more so and we have the Ritz Carlton and Waterside Shops represented on this Board. as it should be. 6712 Pelican Bay Services Division February 7, 2007 1611 A 8 Ms. Annette Alvarez stated, "It is a pleasure to be a member of this Board". I am honored to represent Waterside Shops and the business community in Pelican Bay and I am certainly looking forward to working with the community and being a good partner. We have a lot of exciting things happening and want to make sure that it enhances the community. DIRECTOR REPLACEMENT: REVIEW MARY ANNE WOMBLE APPLICATION Mr. Burke stated, "Another piece of good news is that Mary Anne Womble will be moving onto our Board". The reason she is moving onto the Board is not good news, because Mr. Chris Sutphin had to resign for health reasons. Our Ordinance requires that we go back to the last election and ask the first runner up, etc. if they would be willing to take the position. The first runner up from the last election was Mrs. Mary Anne Womble. Mrs. Womble gave it a couple of days thought and she consented to serve. She is not sitting up here today because our recommendation to the Commissioners will go out this week and she will be approved at their next meeting. Mrs. Womble is here today, she has an excellent background with involvement in the community. In talking with her, I believe she has a keen interest in the health of Clam Bay. As you can see, that is going to serve us well. Of interest and talking about roots in the community, I was looking through the book, "The Club at Pelican Bay, The First Twenty Years", it is a history by one of our original members, Mr. Mickey Biondo, and Mrs. Womble and her husband are founding members of The Club at Pelican Bay. Mrs. Womble stated, Yes, Mike is". Mr. Burke stated, 'Would it be proper of me to mention your husband's golf prowess"? Mrs. Womble replied "He is not here, so he can't be embarrassed". Mr. Burke stated. "Mr. Womble is the perennial club champion". Mr. Domenie asked, "Do we need a motion to make a recommendation to the Board of County Commissioners"? Mr. Petty replied, "No". Mr. Burke stated, "I hope Mrs. Womble got the information that was sent to her and we are going to encourage the Commissioners to appoint her to our Board". Mr. Petty stated, "Counsel has just proven me in error". According to our Ordinance, the appointment does requires a motion and second for your recommendation". 6713 Pelican Bay Services Division February 7, 2007 1 6 ! lA 8 Mr. Spanier moved, seconded by Mr. Oomenle and approved unanimously on a vote of 10/0 to make a recommendation to the Board of County Commissioners for the appointment of Mrs. Mary Anne Womble to fill the residential vacancy on the PBSO Board created as a result of the resignation of Mr. Chris Sutphin - -- ---- ---- COLLIER COUNTY DISTRICT 2 COMMISISONER REPORT Mr. Burke stated, "During the last month my conversation with the Commissioner and the County Manager has been to get an amended Pelican Bay irrigation contract in front of them". We have been going around and around on that, but we have been working together well. When we discuss Operation Fare Share, I have had a number of conversations on that issue and it doesn't appear as if we are going to gain any traction with it, but I don't think that we should give up. Operation Fare Share is going to be an ongoing challenge. We are not going to automatically get what we want on that one. Mr. Burke continued, "We also discussed the Pelican Bay Board commercial vacancy and appointment of Ms. Alvarez as the replacement". They were fully aware of Ms. Alvarez and now Mrs. Womble. Mr. Burke stated, 'We spent quite a bit of time discussing the Outer Clam Bay project, and through the guidance and leadership of Mr. McAlpin, I think that project is running very smoothly". We are all looking forward to the work of an independent consultant and what they have to tell us on the sea grass issue. PBSD BOARD ELECTION PROCESS AND CANDIDATE NIGHT Mr. Burke stated, "I have also discussed with the Board of County Commissioners, the upcoming Pelican Bay Services Division Board elections and the range of candidates that we have". It is a very good range. We did have a dropout, so we ended up with seven candidates. I let the Commission know that we were very pleased with the turnout. That leads me to one of my final points. Mr. Burke continued, "Our Board election process needs some redoing". It needs to be revisited. Our deadline for candidates was January ath We get their applications and biographies in and the deadline for the mid-February Pelican Bay Post was January 19th The 6714 Pelican Bay Services Division February 7, 2007 16/1' ~ 8 ILl , early January Post deadline was January 5th The ballots were in the mail January 27th. Even if we were to publish our own candidatemailing.itis reasonable to assume that it would have taken at least two weeks to assemble the needed information. That would have taken us to approximately January 22"" and past the Pelican Bay Post deadline. The dates just aren't reading right and somehow we have to get more spread, time wise, to get information out to the owners. As it is, the Pelican Bay Post is publishing a special edition to go out approximately February 15th The Pelican Bay Property Owners are going to host a Candidates Night on February 15th. That is all well and good, but the ballots have already been out for two weeks. I am going to take a look at this Ordinance to see if there is any way to get these dates changed, so that we have more time to get the information out to the owners. I have received a number of calls saying they got a ballot in the mail, but I don't know anybody. We have to do a better job and I am going to look into it. Mr. Connell asked, "Is it possible for the biographies to accompany the bailor'? understand that the Clerk of Courts puts that out, but does it have to go as a stand alone, or could it be accompanied by the biographies? Mr. Burke replied, 'That is one of the questions I have and I do not know why they could not". I think it is something that we need to look at. Mr. Coleman stated, "A candidate withdrew after the ballots were sent out and there could be some worthless votes". Mr. Burke stated, "I will be working on that and will report back at our next meeting". Mr. Domenie asked, "Have you been in contact with the Pelican Bay Property Owners as to what sort of questions will be directed to the candidates"? Mr. Burke replied, 'The Pelican Bay Property Owner's are going to handle that". PBSD WORKSHOP - FEBRUARY 14. 2007 Mr. Burke stated, "On February 14th at 2:00 P.M.. we are going to have a Workshop on the Community Awareness Program". I want the Board to see that program in its entirety. COMMITTEE REPORTS CLAM BAY COMMITTEE CLAM BAY MONITORING AND IMPROVEMENT SCHEDULE 6715 Pelican Bay Services Division February 7, 2007 16/] A 8 Mr. Domenie stated, 'The Clam Bay Monitoring and Improvement Schedules are included in your agenda package". Everything is on schedule. CLAM BAY PERMIT WORKSHOP - JANUARY 11. 2007 Mr. Domenie stated, "I wrote a small memorandum to the Board as to what was covered at the Meetings". You also received the Minutes from the Workshop. Basically, it was Mr. McAlpin's way of introducing us to PBS&J, the company that is located in Tampa and employs approximately 3,700 people. Dr. Tomasko provided a Power Point presentation on the type of work that the company has done. They do have a small staff locally, working on Haldeman Creek. I think we were all impressed with the presentation and have certainly endorsed Mr. McAlpin's proposal to have Dr. Tomasko do the work. The only question I had was that the study was going to be for four months. They are going to use existing data, whereas in his presentation. Dr. Tomasko said that he normally needs twelve to eighteen months for current data. My question was, you are doing this during the dry season and would you have any problems with that? Dr. Tomasko's reply to me was that it would be looked at historically and, hopefully, we will get all of the data. If more time is needed we will talk with Mr. McAlpin about that. CLAM BAY SEAGRASS ASSESSMENT - DRAFT SCOPE OF WORK AND PROPOSED BUDGET Mr. Domenie stated, "You have received a copy of the proposal prepared for Dr. Tomasko and his company to do the sea grass work". The proposal is for $40,000. which the County Commissioners will have to vote on, because it is going to come out of special funds. We hope that will be approved and it is a four month project on Outer Clam Bay. I think there were changes made to reflect that it was not all of Clam Bay. but basically Outer Clam Bay. I doubt you could do all of Clam Bay for $40,000. Mr. Domenie stated, "You also received a memo from me where there are issues that should be brought up". The funding is still to be approved by the County Commissioners. The study may require considerable funds in the future to get to any changes that Dr. Tomasko may make and those funds may have to be split between the County and the City of Naples. 6716 Pelican Bay Services Division February 7, 2007 1611 A,S Mr. Domenie continued, "Our Board has been asked to approve a delay in sending the renewal of the Ten Year Permit, awaiting the results of Dr. Tomasko's study". It takes a long time to get approval and it is already being worked on. Mr. Hall has been working on it over the past four months. We do not want to stop the process, but my question is does this Board want to approve a delay in submitting the renewal application? Mr. Burke asked, 'When would the renewal go out"? Mr. Hall replied, 'We were trying to get a submittal ready to go out within the next couple of months". Mr. Domenie stated, "If Dr. Tomasko's study finishes in May, would that delay your application process"? Mr. Hall replied, "It would delay from when we had planned to submit it. but I don't believe that it delays it past the point to where we could not get something resolved prior to the expiration of the existing permit". Mr. Burke stated, "As I understand it, if that study has recommendations on remedial action, we would incorporate that into the plan". Mr. Hall replied, "It could be". Mr. Domenie asked, "Is there any real reason why we should not go ahead with the preliminary application and then make an amendment to include the recommendations of the study group"? Is that acceptable and can that be done? Mr. Hall replied, "It could be done, but that would be up to the Board". I am not sure what the public perception would be and that would need to be taken into account if you were trying to get something in, prior to the study being done. From when the submittal is made, DEP has thirty days in which to respond with their questions and comments. If an initial application was made in April and Dr. Tomasko's study was going to be done in May, then the comments from DEP would be coming back at the same time. Dr. Tomasko's recommendations and comments would have to be incorporated into any subsequent submittal. Mr. Burke stated, 'We should have his findings or recommendations before we make a submittal". 6717 Pelican Bay Services Division February 7, 2007 16'1 11 , I 8 Mr. Hall replied, "I believe that it would make it a more complete application, because DEP is going to be aware that work is going to be done". I can't imagine them not asking for the results of that study. Mr. Domenie asked, "Could we make the application for everything else and just leave the sea grasses to be completed at a later date"? Mr. Hall replied, "Yes, you can, but I prefer to make as complete an application as I can". It is less work for the agencies and less work for everyone. Mr. McAlpin stated, "You can apply for the permit now, but in fact, they are going to ask for additional information in the process". It is just whatever the Board would like to do, but I would hate to see you spin your wheels and spend money for something they are going to ask you to come back and do later. It is your option. Mr. Domenie stated, "The Board of County Commissioners stili has to approve the expense". Do you know when that will occur? Mr. McAlpin replied, "The issue is that Mr. Mudd is going to find money in the General Fund". We already have a purchase order with PBS&J, so it may be as simple as writing a work order for them to move forward. It may not be as long a process as you believe and we are talking about getting this on the next Board of County Commissioner's agenda. We are talking about the resolution of contractual items within the next three weeks. Mr. Domenie asked, "Does that normally go on the Consent Agenda"? Mr. McAlpin replied, "That is up to the County Manager". Mr. Domenie stated, "I am just trying to figure out the timing". That would be three weeks, plus six weeks. Mr. McAlpin replied, "No matter whether it is a Consent Agenda item or on the regular agenda, it is taken up that day". You are looking at a situation where by the end of this month we would have something resolved with PBS&J. Mr. Burke asked, 'When does our permit expire"? Mr. Domenie replied, "July, 2008". Mr. Hall stated, "It is July of 2008 and we would want to get our permit in with enough time that the process could be followed and a new permit issued prior to, or in conjunction with, 6718 Pelican Bay Services Division February 7, 2007 16/1 the expiration of the existing permit". With some of the work that is going to be going on out here, we may be able to get an extension to the existing permit, while the new material is being reviewed. That may be an accommodation that DEP may consider while they were reviewing the new application and you have gone over the time frame. I still think that we have to have at least a year to process that renewal. Mr. Domenie asked, Are you comfortable with that"? Mr. Hall replied, "I am comfortable with that and at the very least we have an application ready pending Dr. Tomasko's study, and then if the study gets delayed or we have seen nothing, we have an application ready to go prior to the expiration of the existing permit. Mr. Domenie asked, "Is that acceptable to everyone"? Mr. laizzo asked, "Do you need a Resolution to do that"? Mr. Petty stated, 'That is the action that you have already given staff, so only if you were to change that action would we need a motion". Staff has already been given instructions to have the permit application. Mr. Hall stated, "My instruction is to get the permit application ready and it is up to this Board as to when it will be submitted". Mr. Domenie stated, "On September 5, Dr. Buser, a Seagate resident, gave a presentation to the City of Naples about Clam Bay". The only thing that I can say about that, is that attached to the presentation were twenty-six documents, but of the twenty-six documents, nineteen of them were violations from 1984 and 1985, which we had nothing to do with. I don't think we should belabor it. Mr. Domenie stated, "I think you have all received a copy of the Seagate Newsletter". Again, I believe Mr. McAlpin has managed this very well. The question of the bridge to Clam Pass Park is being resolved; the question of the aids to navigation is being addressed with the Coast Guard and the question of sea grasses was just discussed. Those three questions are all being addressed and I don't see any further problems. UPDATE ON OSPREY NEST PLATFORM Mr. Domenie asked, "Mr. Lukasz. what is the status of the osprey nest"? 6719 '" Ij " 8 ,> I Pelican Bay Services Division February 7, 2007 1611 Mr. Hall stated, "Last month we heard that the application was complete and it was being processed". We expect to have that permit anytime, so that it can be submitted to the County for a building permit. Mr. Petty asked, "Do we have to have a building permit for an osprey nest"? Mr. Hall replied, 'We do". We do have to hurricane strap the nest to the pole and we have to have a Vehicle on The Beach Permit. to actually get the pole on site and the work has to be done outside of turtle nesting season. Mr. Connell asked, "Is all of this permitting necessary because it is on public property"? Mr. Hall replied, "They don't want a platform out there that would be unsafe for any bird that might try to nest there". Mr. Domenie asked, "Mr. Hall, how long has this been going on"? Mr. Hall replied, "I believe that we made application about twelve months ago". OPTIONS ON INCREASING MEMBERSHIP OF THE CLAM BAY COMMITTEE Mr. Domenie stated, "The next item is the idea of increasing the membership of the Clam Bay Committee by having people who are not members of this Board serve on this Committee, which I believe would give us a much greater opportunity to pick the brains of people who have knowledge". My recommendation is that we should amend the Ordinance to permit either voting or non-voting members to serve on a Committee of this Board and do we need a Resolution to pass this on to the attorney to see what our next step will be? Mr. Petty stated, "I am sure counsel will be able to tell you what you need to know, but let me talk about that process". If you have it changed in the Ordinance, it is fixed until you go back and try to change it again. Committees are typically set up by the Chair to handle very specific matters and there is a time where they are relevant and a time when they need to be disbanded. If it is created by Ordinance it sits there until an Ordinance comes through and it has to be redone or to cancel it out. The issue of voting and non-voting indicates that you are dedicating, by Ordinance change, certain powers to the Committee as well. That may be something you wish to consider from time to time, particularly on how much or how little power you wish that Committee to have or the appropriate power. If you put it in the Ordinance you are fixing it and it is very 6720 A 8 Pelican Bay Services Division February 7, 2007 16/1 ,1 8 difficult to make changes. I think counsel may be able to provide some options that you can work into your Committee that gives you the greatest degree of viability. Mr. Burke stated, "I believe what Mr. Domenie would like is the addition of two non-voting members to sit on the Committee". They could take part in the deliberations. but not vote. Mr. Spanier stated, "Is it part of the intention to not necessarily reside in Pelican Bay"? Mr. Burke replied, 'That could be". That could be done very simply. Ms. Ashton replied, "One of the options that I had sent to Mr. Burke via memorandum was, if it is for fact finding purposes only, then you could put somebody on the Committee and let them participate in the recommendation". I am not clear enough on how you created this Clam Bay Subcommittee and what you have the Committee doing. Mr. Petty is telling me that it is for fact finding purposes only and then they provide the recommendations to the full Board. If that is the purpose, then you can go ahead and put them on the Committee and they can participate and make sure in your meetings and in your Pelican Bay Services Division Meetings that your disclose that there two additionai non-voting members that are there for fact finding purposes only. If it is some kind of delegation of authority, and more than just a fact finding committee, then I think you would be better served to amend your Ordinance. Mr. Domenie stated, "Any recommendation would be passed on to the full Board for action". Ms. Ashton replied, "Yes". Mr. Domenie asked. 'Would they be part of a quorum". Mr. Ashton stated, "You, as the Pelican Bay Services Division, can create some rules that are not in conflict with your Ordinance". I don't know if you have anything formal creating the Clam Bay Sub-committee and how many people have to be on it, etc. You can set up that rule and you may want to come up with some kind of written proposal that could be approved at another meeting that would include two non-voting members. Mr. Petty stated, "Counsel has given you an option". What the Board had asked is if the Clam Bay Subcommittee could increase its membership". Under its current directive, the Clam Bay Sub-committee considers inputs and matters that are affecting the bay system, comes up with suggestions and provides a recommendation to the Board, and only the Board can act upon 6721 Pelican Bay Services Division February 7. 2007 16/1 A 8 it. As such, the Clam Bay Sub-committee is a fact finding body. Counsel has said that if you change that and empower the Committee to make decisions for the Board, then you would have to operate under different rules. Under its' current auspices you certainly could have more members. Your policy is, if you have a majority of members present, you would hold the meeting to consider such data and recommendations to the Board. If you did not have a majority of Committee Members, you could have discussion but not make recommendations. Mr. Domenie sated, "I will bring that up at the next Board Meeting". BUDGET COMMITTEE NEXT BUDGET COMMITTEE MEETING - FEBRUARY 21. 2007 - 3:00 P.M. Mr. Connell stated, "The next Budget Committee Meeting is scheduled for Wednesday. February 21,2007 at 3:00 P.M. in this room". CAPITAL SPENDING BUDGET: 2008 REALLOCATION OF EXISTING FUNDS - $438 East of Berm REFURBISH TRAFFIC SIGNS LAKE BANK EROSION CUL-DE-SACS ENTRANCES TO PELICAN BAY Mr. Connell stated, "All of the items listed are Capital items, which we will be considering". The first item needs some explanation. If you remember, three years ago, the Board made provision for what is called "East of the Berm" for removal of exotics, replacement of them with native plants and allocated the money to do the work. Subsequently, the Services Division enlisted the cooperation and assistance of the Foundation, especially in areas to the south, where there were larger private areas that had really overgrown and in some people's estimation was unsightly. The Foundation did cooperate and the word that we got back at that time was that they were in favor of doing it. I don't think we should consider reallocating the funds until we go back and ask the Foundation, or at least tell them our plans, so that we don't put them in an embarrassing position. I would not even consider proposing doing that until we have harmony between the two of us, as to whether any of that type of work is going to be done. If we reallocate these funds for another purpose, we could always allocate funds for this East of the Berm if it becomes necessary. Mr. Connell continued, ''The next three items are all maintenance items". The last item, the "Entrances to Pelican Bay"; if the Board considers that as something that should be done, we 6722 Pelican Bay Services Division February 7, 2007 16"' /1 need to start work on it now. At best, the engineering could be done in 2008 and it would probably be 2010 or 2011 before it was finally done. In any event, those are the subjects that we will be talking about and we would certainly encourage anyone that has any interest in the Capital side of the budget and improvements to be made, we would love to hear it and will certainly consider it. Mr. Domenie stated, "I would like to mention that Mr. Connell stated "exotics", but it was "opportunistic". Mr. Connell asked, "Are there no exotics in the area"? Mr. Domenie replied, "Very few, only the willows, which were considered "opportunistic". Mr. Connell replied "We were trying to stay away from that". GOVERNMENT RELATIONS Mr. Spanier stated, "The only item I will mention is one in which I will be contacting Mr. Hoppensteadt during the course of the week in connection with the interest the Foundation has raised in moving forward with renaming West Boulevard for Myra Daniels". I have some information from the County that has to do with an unbelievably complicated process and procedure, which I will pass on to assist in that process. Mr. Spanier stated, 'We have not raised that issue, but it has been raised by the Foundation". Mr. Bramson asked, 'What is our involvement"? Mr. Spanier replied, "Our involvement is simply a question of whether or not we would be in a position to facilitate the efforts by the Foundation to move to rename that streef'. Mr. Bramson asked, "Don't we have to vote whether we want to facilitate it"? Mr. Spanier stated, 'We are not at that stage of the game yet". Mr. Bramson stated, "You are now talking about facilitating and it would appear that we are beyond that stage". Mr. Spanier stated, "I just received the information and the procedural description from the County". We will follow that through at the next meeting. ADMINISTRATOR'S REPORT CAPITAL PROJECTS IRRIGATION AND LANDSCAPE IMPROVEMENTS PHASE V 6723 A 8 Pelican Bay Services Division February 7, 2007 16.11 A 8 Mr. Lukasz stated, "Phase V of the irrigation work is complete". IRRIGATION AND LANDSCAPE IMPROVEMENT PHASE VI Mr. Lukasz stated, "Bids for Phase VI of the irrigation work, which is for the Oakmont Lake Bank and Greentree Drive area, are out and the bid opening is scheduled for February 23, 2007". Based on the schedule, we should be able to start construction immediately. Upon completion of the irrigation, it will be followed up with the landscaping, sidewalk work and any signage along the lake banks. COMMUNITY ISSUES SIDEWALK REPAIR Mr. Lukasz stated, "The County is continuing the work on the sidewalks, although they have not been out there on a full-time basis". I will get in touch with the County and inform them about the West Boulevard issue. I know that was on their iist to do and will see if they can move that up in their priority. Mr. Petty stated, 'We had gotten permission from the County in the Fare Share Revenue consideration that projects such as the sidewalk repair that we could do in-house and look to them to repay our funding source, when their expenses were timed out for that work". May I suggest that West Boulevard would be a good sample of a project for you to authorize staff to move ahead with and to make the needed repairs. Mr. Lukasz should talk to the County first, to make sure they have nothing immediately coming, but if they don't, instead of waiting another six months to a year, we take the County at its' word of cooperation. If they don't have a project ready, we will just go ahead and do it. They have told us that they would participate in this and we received that information from Mr. Ochs. Mr. Burke stated, "Okay. do we need a motion on that"? Mr. Petty replied, "No, just your direction". HURRICANE WILMA STORM DAMAGE HURRICANE CHARLEY STORM DAMAGE Mr. Lukasz stated, 'There has been no change in the FEMA funding report". AUDIENCE COMMENTS 6724 Pelican Bay Services Division February 7, 2007 16'17 A '- 8 Mrs. Donna Senator - Serendipity resident - "I was here primarily to talk about the walkways on West Boulevard because they are a safety hazard and I hear that you are progressing on that issue". I wanted to thank the Board, or whoever, for the plantings at the corner of Turtle Bay and Glencove. I also wanted to thank Corporal Marceno for his quick response on addressing the parking at the Naples Grande cul-de-sac. My primary reason for being here is that the traffic on West Boulevard is horrendous. The traffic on Pelican Bay Boulevard is worse, but the speed is a safety issue. What is going to happen when Nordstrom's goes in to Waterside? Mr. Staros stated, "Corporal Marceno was out there giving speeding tickets". 1 happen to know because I was driving by, He has been monitoring that situation and I have seen that for myself. Mrs. Senator stated, "Naples does have some areas where they put in speed control". Is anyone going to think about this? Mr. Burke asked, "Speed bumps"? Mr. Petty stated, 'There are calming devices, which is typically something planted in the middle of the road and the road will go around the plantings forcing the traffic to slow down". Mrs. Senator stated, "They also put pavers in certain sections to keep the speed down". Also, is West Boulevard going to be the point of entry into the parking garage and Nordstrom's? Ms. Alvarez replied, "It will be the point of entry for the parking garage". You can also come in through Seagate and the other entrances and drive around. You will be able to come in on the US Trust side and go up the deck at that point. Mrs. Senator asked, 'Will the County be widening West Boulevard"? Ms. Alvarez replied, 'West Boulevard is not the only point of entry". You will be able to come in through the property at any side and Nordstrom's will be at the Laurel Oak entrance". Mrs. Senator replied, "True. but that is the only place where the garage is going to be erected". West Boulevard is where they are going to want to enter. Mr. Burke stated, "Going from memory, I think things are going to be done to divert that traffic". The Bridgeway Villa people and the County traffic people have been working on ways to divert some of that traffic. 6725 Pelican Bay Services Division February 7, 2007 16/1 A Mrs. Marsh Cravens - Dorchester resident - 'While you are addressing rights-of-way and pathways, 1 am an avid biker and there are a lot of bikers in this area". I understand that there used to be a bike path on part of Pelican Bay Boulevard and it no longer exists, so the bike riders are either in the street, which is dangerous, or they are on the sidewalks, which are not conducive to biking". I would really like it if someone would consider putting those bike paths back in the roadways. Mr. Burke stated, "I think that eventually, as a community, Pelican Bay does need to address that issue". That was before my time, but 1 know the lanes were there". Mr. Nordhoff stated, "It wasn't a bike lane throughout Pelican Bay". It was a test lane, at the north end of Pelican Bay. In the last four years we have had several discussions with State DOT, and if my memory serve me correctly, the street width is not great enough to put in two lanes of traffic and a bike lane and still meet the width requirements. There has never been enough demand for a bike lane to overcome the demand for two car lanes. The way we have been looking at it now, is that two car lanes are preferable to one car lane. a dead mans zone for safety and a bike lane. Mrs. Cravens asked, "Could the medians be made less wide and provide the space needed"? Mr. Petty stated, "Everything is possible, but the cost of doing that would be exorbitant". Those curbs go down three feet, which is a huge expense and loss of green space for us. Let me suggest an alternative. We will be talking to the County about signs for the single family areas, as we discussed at the beginning of the meeting. I see no reason why we cannot talk to the County about having some signage saying that the right lane is for cars and bicycles. Even if there is a lane for bicycles, you will be held to the traffic laws of the County. As such, maybe we can help out by making drivers understand that we expect bicycle riders in that right lane. Mrs. Cravens stated, "Even if you have a painted stripe, it might keep those groups of bike riders who frequent Pelican Bay Boulevard, to be more condensed". Mr. Petty replied, "We would be in accordance with the law in riding bicycles on public roads". That is what governs it now. If we put in a stripe, that is going to be confusing. Certainly, 6726 8 Pelican Bay Services Division February 7, 2007 16/1 8 putting in a sign being aware that bicyclists will be using the roadway is something that we might want to consider. Mr. Burke stated, "That is a big issue". Mrs. Cravens stated, "Bikers are out there every day and some days there are very large groups". Mr. Hoppensteadt stated, "County DOT has advised the Strategic Planning Committee that it can be done". It has been done at the Vineyards, which have roads at the same width. Mr. Domenie stated, 'This could be a workshop discussion also". Mr. Seidel asked. 'Why are the sidewalk repairs such a stop and go issue"? Mr. Lukasz stated. "Because the County fits it into their work schedule". Mr. Petty stated, "We have gotten direction from the Board that we will talk to the County first to make sure that there is no immediate program that they have ongoing, and if they do not have a program that addresses it immediately, we will do it in-house and go back for reimbursement at a later date". Mr. Burke stated, 'We are going to do it". Mrs. Cravens stated, "I used to live in Orlando and we had areas there that were specifically for biking, skateboarding and pedestrian traffic". They were similar in that they were asphalt, but they were wider. They had designated areas for skateboards or bikers. Our asphalt pathways can not accommodate all of the users, so if we could not do it on the street, maybe something could be done about the asphalt walkways to make them more user friendly for everybody. ADJOURN There being no further business the meeting adjourned at 4:45 P.M. James Burke, Chairman 6727 16'lA '8 PELICAN BAY SERVICES DIVISION BOARD MEETING February 14, 2007 Naples, Florida lET IT BE KNOWN, that the Pelican Bay Services Division Board met in a Workshop Session on this date, February 14, 2007 at 2:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Burke, Chairman Mr. Coleman Connell, Vice Chairman Mr. John Domenie, Vice Chairman Mr. Donald Spanier, Vice Chairman Ms. Annette Alvarez (Late arrival) Mr. John Boland Mr. David Bramson Mr. David Nordhoff Mr. John laizzo Mr. Edward Staros (Absent) ALSO PRESENT: Twenty-five (25) members of the public; Corporal Carmine Marceno, Collier County Sheriffs Department (CCSO); Undersheriff Kevin Rambosk (CCSO); L!. Andy Prisco, (CCSO); Sgt. Neil Bohanon, (CCSO); Sg!. Jake Walker, (CCSO); Corporal Jerry Gallagher, (CCSO); Deputy Ron Mosier, (CCSO); Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1, RollCall 2. Extraordinary Law Enforcement Services Pelican Bay Community Awareness Program presented by the Collier County Sheriffs Office ROLL CAll Mr. Burke called the meeting to order and asked that the Record reflect a quorum of the Pelican Bay Services Division Board present. EXTRAORDINARY lAW ENFORCEMENT SERVICES PELICAN BAY COMMUNITY AWARENESS PROGRAM PRESENTED BY THE COLLIER COUNTY SHERIFF'S OFFICE Mr. Burke stated, 'This is a Pelican Bay Services Division Workshop". As such, it differs from a Regular Board Meeting in that we can not pass any Resolutions or take any action. The subject today is Extraordinary Law Enforcement Service within Pelican Bay, which, by Ordinance, is a Services Division responsibility, We are going to present to this Board and to the attendees, the Pelican Bay Community Awareness Program, as developed by the Community Awareness Task Force, Before we do that, I want to provide some background on this Task Force. Mr. Burke continued, "About one year ago, in response to a rash of break-ins within Pelican Bay, our Vice Chair of Government Relations, Mr. Spanier, began discussions with the Collier County Sheriffs Office on ways and means by which Pelican Bay could create a sense of community awareness concerning crime and the role of residents in community security". The response from the Sheriffs Office was positive, enthusiastic, supportive and collaborative. They 6728 Pelican Bay Services Division Workshop February 14, 2007 16 f ", I 1 A 8 had a great deal of expertise and ideas to offer. This was not new to them, A Pelican Bay Community Task Force was formed and this presentation will show you that the Task Force is comprised of all segments of Pelican Bay. It has been a community effort, The presentation will give you some of the ideas of the issues that were addressed and served as a basis for developing this program. Issues, such as population growth in Collier County, urbanization, unlicensed/uninsured contractors and resident confusion as to how to respond to what they believe are suspicious circumstances were addressed. The program developed slowly over a year. A series of presentations to the Men's Coffee and a small group of association presidents enabled us to refine and build this program. The Pelican Bay Services Division Board will see the final product today, I must mention the tremendous amount of work, time and effort expended by the CCSO and especially the North Naples Substation command, The staff has made themselves available to us, they have listened and contributed. This has been an outstanding example of Pelican Bay's ability to utilize the resources available to us. It is, in my opinion, how a government should work. Mr. Burke continued, 'This is a Pelican Bay Services Division Workshop", The Directors are free to ask questions as we go along. Attendees can ask questions, but I would ask that when you do, to please identify yourself for the Record. I will turn the meeting over to Undersheriff Kevin Rambosk for opening comments. Undersheriff Rambosk stated, "We would like to thank you for the opportunity to be here". A good safe community does not occur by accident. We each need to participate in making that happen and law enforcement cannot do it alone and we, as residents, can't do it alone, but if we work together we can make a difference, This year, our total crime numbers are down approximately 4.2%, which is not so much a significant number, but when you factor in the tremendous growth, that is a very good number. When you think about the less number of victims that we had this year; there were 281 less of us as residents, becoming a victim of a crime. That is a very good thing, There are three reasons why we are seeing that occur. The first is yourself, as a community, implementing preventative partnerships in your neighborhoods and in what you do every day, Number two, is our focus on career criminals, We review career criminals and crime problems every two weeks in particular neighborhoods throughout your 6729 Pelican Bay Services Division Workshop February 14, 2007 16/1 n :it 8 district and we want to know from the Sergeant and his staff, how they are going to address and reverse a trend once it is occurring. The last element is the terrific staff we have at the Sheriffs Department Our deputies, particularly those in Community Policing, patrol, support functions, corrections and dispatch, work together, which is how we provide what we believe is a very good service to you, Today, you are about to see the number one element in making a safe community, which is the partnership with you as residents, While we have been able to put more people on the street, I can tell you that we have not asked for one additional body in order to do that, which means no additional budget costs and we feel extremely good about that. Sgt. Jake Walker provided a detailed Power Point Presentation of the Pelican Bay Community Awareness Program, Mr. Spanier stated, "I would like to ask the audience how many of you know for a fact that the rules and regulations of your association contain a specific clause dealing with the employment and entry onto the property of contractors and service people"? There was one hand showing in the audience in response to Mr. Spanier's question. Mr. Spanier stated, "It is a good assumption that sort of thing should be there, but I would like to ask the audience as part of our effort, to go back and recheck whether there is a provision in the rules and regulations and provide a copy of that to the Foundation President's office and a copy to the Pelican Bay Services Division office". It would be very helpful if we could know which associations have the provision and how they are worded. Sgt. Jake Walker continued with the Power Point presentation, Corporal Jerry Gallagher provided a presentation of the Community Observer Program and what is required and how individuals, who should desire, could become volunteers in the Observer Program, Sgt. Jake Walker continued with the presentation of the program and its' goals. Mr. Connell asked, "How far along are you with the Presidents of the Associations in bringing them into the program"? Sgt Walker replied, "We have done a number of things so far". We have met with members of the Pelican Bay Services Division Board on a number of occasions to work out some of the details. We have been to the ladies club in Pelican Bay and the Men's Coffee. This is the 6730 .' Pelican Bay Services Division Workshop February 14, 2007 1 A 8 first formal presentation to the Association of Presidents, This is the first step in that process. From here, we want to expand to be interactive to all and form a closer relationship with the individual associations and then start down the process of identifying who are interested and conducting presentations to those groups, Mr. Domenie stated, "I am also on the EMS Advisory Council", I am wondering if the EMS should also be involved, It is not security, but certainly community awareness for safety considerations. I was wondering why the EMS was not included, Mr. Burke replied, "Probably because we did not think about it". I will give them a call. Mr. Domenie stated, "Mr. Hoppensteadt called the other day and asked me how 911 calls are routed". Apparently there was a minor bicycle accident on Gulf Park Drive and an ambulance showed up, but there was nobody from the Sheriff's Office until they had loaded the injured person into an ambulance, Who decides whether the Sheriff, fire department or EMS is alerted? Sgt Walker replied, "When you dial 911, there is one intake center for Collier County, as opposed to the City of Naples". The City of Naples has their own 911 intake system. If you live outside of the City of Naples and you dial 911 you get the Sheriff's Office Communications Center. We dispatch law enforcement, fire and EMS out of our communications center. The 911 call is answered by the intake operator and as soon as they pick up the phone their computer screen is populated with the location of the call, address of the registered resident of that phone system and other information, It provides the intake operator the proper law enforcement zone, fire and EMS unit to contact All of that happens very rapidly. The intake person receives the call, i.e. there is a bicycle accident on Gulf Park Drive and the person calling is asked if there are any injuries. The reply is the subject is on the road but it dos not appear to be serious, The intake operator automatically sends that computer screen to the law enforcement dispatch that is in the same room, the fire and EMS dispatcher all electronically at the same exact time, The law enforcement dispatcher then dispatches via radio and via computer, so that it pops up immediately on the computer screen right in the officers patrol car. The fire and EMS dispatcher dispatches with a different system of audible alert for their response. In an injury accident, all three would respond and be dispatched at the same time, If there is a high profile incident occurring where law enforcement is involved with that, then it is certainly possible for a thirty 6731 Pelican Bay Services Division Workshop February 14, 2007 16/"'1 Iff' p second delay in getting the officer dispatched, but it can still be popped up in somebody's car for response. Obviously, with a fire and EMS service right here your response should be very quick unless they are out on a service call and then your response would be from Pine Ridge Road, The law enforcement deputy may be on a call for service and if it is a low priority call, they would clear that and go to the higher priority medial call and then come back and deal with the secondary call at some point Mr. Bill Ventress stated, "I am a member of the Oak Lake Sanctuary Board and I am also a candidate for the Foundation Board". I would like to applaud the Sheriff's Department and the Services Division for working together to establish a plan that is designed to assist our people, It is one of the most important things that we can do as residents of Pelican Bay and to spread the word that we have an area that has this kind of protective features. I think it is exactly what we need in Pelican Bay. Secondly, I want to reinforce the thought that the Services Division and the Foundation have to work together. I can see at this stage, that for whatever reason, this doesn't happen. I sense the "old boy club" in the existing Pelican Bay Foundation group and that is why I am running for office, I want to see that change and I think Pelican Bay is the best of the best and for that I applaud you all for taking the initiative to create a plan that does just that and provides protection for our people. Mr. Burke stated, 'The next step is to get in front of individual association owners", When that happens, it will not be with this presentation, but with specific crime prevention tips and directions. In looking over a map of Pelican Bay, in terms of types of associations, there are a great many where cars are parked outside under carports and their needs are quite a bit different than a gated, locked-up high rise. Would it make sense for us to follow up with the associations to target like-communities and bring them together for a joint crime prevention training session? Sgt Walker replied, "What we would like to do, whether it is by geographic location or by housing type, is to bring them in together so that we have a decent turn out and provide the issues that we would like to address with them". Mr. Norm Young stated, "I am with the Claridge". We are in the process of evaluating and re-evaluating security for our building. I was wondering if the Sheriff's Department has the 6732 Pelican Bay Services Division Workshop February 14, 2007 16 '."' crime statistics for the different types of buildings, so that you know what type of crimes were committed in a high rise versus low rise, versus single family housing? Sgt. Walker replied, "We can usually get statistics for almost everything". We can tell you the crimes based on a grid, but I it doesn't tell you what they were per building type, We do have crime prevention practitioners that are well educated in how to specifically address potential security weaknesses in your building, They will do crime prevention surveys to your structure and provide tips on what you can do for better security, Mr. Young stated, "We already have that scheduled for our building", Mr. Young continued to speak but he could not be heard on the tape. Sgt. Walker stated, "We can specifically research those types of buildings", It is more manpower intensive to do so, There are a lot of reports that we can run because information is captured in certain ways. We can probably research those specific types of buildings with a little more intensity and come up with some better information than we generally provide, Mr. Burke stated, "In closing, I want to thank you". Anybody here who wants to begin the process of educating your individual owners can let Corporal Marceno know now". I like the idea of bringing some like-associations together. Undersheriff Rambosk stated, "I would like to thank you for the opportunity to be here". The request of working together with law enforcement, EMS and fire is a great idea. I will tell you that to a larger degree we do that today. There are a lot of good things coming in the future, particularly relative to dispatch, We are looking at automated vehicle locating dispatch systems, which will ultimately reduce response times. They do it now by radio and the dispatch is taken by the officer closest to the scene. We are looking at a voiceless dispatch system for dispatching calls for service, which saves on dollars because we don't have to have people to do it and it is a lot faster. Very shortly you will have a distribution through the mail system about the Collier Star. That is an in-house newspaper that is going to be distributed to every homeowner in Collier County and will direct them back to our website to receive it monthly. That provides your neighborhood or district crime stats, so that you can see what is going on closer to where you live and also what other communities are experiencing. Most of the time we are in our own 6733 A 8 Pelican Bay Services Division Workshop February 14, 2007 16j1 -. n , . 8 neighborhood, but we go out to stores and other places and we want as much protection in those areas that we frequent, but our homes are going to be nearest and dearest to our hearts. Ms, Catherine Tardio - Brighton Condominium - "Do you have any statistics regarding the voiceless dispatch? You have to realize that people who are in distress when they call and they do not like to talk to machines. Sometimes a dispatcher has to ask specific questions to get information from the caller. If the caller is frightened and the voiceless keeps asking the same question, it will not work, Undersheriff Rambosk replied, 'The intake portion of that is always going to be a human being". They will still type the information into a computer. That portion will never be turned over to a box, Mr. Burke stated, "We don't have a crime problem in Pelican Bay", We are not addressing a crime wave, We are looking into the future. The County population is approximately 350,000 people presently and is projected to be 700,000-1,000,000 at build out. They are saying that by the years 2040-2050 the State of Florida is going to have a population of 35,000,000 people. That brings a lot of change and a lot of opportunists floating around. When the newspapers talk about Pelican Bay they always talk about affluent wealth, Willy Sutton used to say, why do you rob a bank, because that is where the money is, If somebody is looking for an opportunity and there is a risk to it, maybe the risk ought to be worth something. We are just thinking, let's prepare for the future, The Sheriff is preparing for the future and we might as well do the same, That is what this is an attempt to do. ADJOURN There being no further business the meeting adjourned at 3:45 P.M. James Burke, Chairman 6734 1 6 1 1 ~~1 8 ~ . . . . . . . . ~ n ::a :e n n l/) "0 3:.... ::r .--..) - -. 0 0 C ." tDa QI e. tD - - ::J l/) N 3 ~ ~ - - 3'" 0 -. -. (I) C 0 tD tD tD ::r ero --..) ." :s ." .., .., tDe. -. m QI 0 0 n n ::J - ..,c -< c 0 0 tD tD ~ 0 - c c r- ~ -. "0 e. tD 0 ::J ::J QI -. .., < 0 ::J tD C QI ~ ~ :s ::J (I) .., .., (I) 0 tD -. (I) < e. 3: C -It ::J tD -. I 3: ,... :e QI ~ n QI :: ::J "0 QI ,... n QI QI .., ." ~ :r -. - -. 0 ::r ~ ~ ~ l/) ::J -. 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Pelican Bay Services - Maintenance Site Utilization 16/1 ~!h ] 8 Main Building/Garage (ID-# I I) PBSD currently utilizes the garages and loading dock storage area of this building for the landscape, street light and signage operations. In addition PBSD utilizes the office area within the building, except for the large room on the left side and the middle office on the right side of the hallway. If it were possible for PBSD to use this middle office that would allow for the relocation of the prints, plans and fax machine which are now located in the back left room known as the telephone lelectric room. This room, which now also has the IT equipment, has become very over crowded. It makes searching for plans, accessing telephone and electrical panels or IT equipment difficult. Water Management Building (ID-#IO) This is the building directly east of the high service pump building. PBSD operates the aquatic and landscape pesticide operations from this building. Several years ago PBSD had an addition constructed to the original building and converted the building to a mix and load/chemical storage building. Drving Beds (ID-#I2) These have been utilized for the storage of landscape materials. Irrigation has been constructed within the beds for the storage of these materials. Southeast Area of Prooertv (SE of ID-# 18) This area has been used for the short term storage of horticulture debris generated from the landscape operations within PBSD's area of maintenance responsibility. Materials are brought to the site for storage by PBSD maintenance staff. Materials are then removed and disposed by a company under County contract utilizing a 45 yard grapple truck. Unless there are unusual circumstances these materials are removed by the contractor when 4 - 6 loads of materials have been stored. A plan of the site is attached that identifies facilities as noted above and property area utilized by PBSD. 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Cl ~ 0 ::!; >- UJ ::!; 0:: cC cC Z >- Z Z ~ o~zu.>>IUJ )(Z Z~en()UJUJIO::UJencCcCO - Z UJ 0:: 0:: 0::,0:: W - Zo cC - 0:: Z ~ > () UJ ::!; 0:: 0:: 0:: ~ lXIUJ::!;UJO~UJ ClO:: UJ:JUJcCcCO ~ UJ~~ u.::!;enu.u.u.::l ZUJ()ClO-'Z()cCClO~-,~~ w 0 ~ en en >- >- Z - UJ 0:: cC UJ lo<::lUJ en Z 0::'0 lo<:: UJ UJ i UJ ~ UJ Zo::o:: UJ !;( ~ UJ ~ ~IZI~ 0 <i! >- UJlo:: ~IICl Cl w,<i! >!~ (2~i~ [;j 0:: ~ i!: ~ ~ g: ~ Z SJ ~ i!: ~ g: ~ ~ . Gil(l)I~c""'jl:::~_c..>.I()~, ,~UJ 0 ~ 0:: en ::!;::51-' () 0 ::!;(f)ilIl+~ IIO::! t ", i I 10 . I : I T 1.~A a RECEIVED FEe 2 2 2007 Board Of Cou nty Comm;SSione~ PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF SPECIAL MEETING MONDAY, FEBRUARY 26,2007 NOTICE IS HEREBY GIVEN OF A SPECIAL MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE CLUB AT PELICAN BAY, 707 GULF PARK DRIVE, NAPLES, FLORIDA 34108 ON MONDA Y, FEBRUARY 26, 2007 A~ 9.00 A.M. Fial a ~ ./ Halas -V....-/ - I. Roll Call. Henning .~ . 2. Pelican Bay Services Division Election. Coyle '-- 3. Adjourn. Coletta .=- ,h_ 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 PROCEEDING 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 (23) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Misc. corres: Date: Item#: Copies to BavsAOIII s.-tllIUJllolt M.s.7 J4. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 16 , 1 ~~. 9, :":1'........ ~IlMf!fARY OF MINUTES & M9T10NS February 7, 2007 Fiala . J K4::t Halas .m.~_._.__.... _ Henning==- '/ - Coyle --------... Coletta _~=- -------- III. Approval of Agenda Tom Finn moved to approve the Agenda. Second by Maurice Gutierrez. Motion carried unanimously 4-0. IV. Approval of Minutes - January 3, 2007 & Special Meeting Minutes January 10, 2007 Maurice Gutierrez moved to approve the Minutes of January 3, 2007. Second by Bill Neal. Carried unanimously 4-0. Victor Brittain moved to approve the Minutes of January 10, 2007. Second by Tom Finn. Discussion followed: All information under 01. Vote on Bayshore Member Candidates will be struck) Bill Neal did not recommend a secret ballot vote. (Will be deleted) The vote was not a secret ballot. (Will be deleted) The voting and counting of ballots was not an ordinary procedure normally followed (Will be deleted) Victor Brittain moved to amend his motion to approve the Minute of January 10, 2007 as amended. Tom Finn amended his second. Motion carried unanimously 4-0. IV. Transportation Services Report B. Project Managers Report Many different issues, concems and projects were brought up and discussed. (See minutes - page 2 under this report) Tom Finn moved to proceed with FDOT approval of the above- mentioned projects: replace with the 4 bridge lights with taller poles and double banner arms, to replace the 24 lights approaching the bridge, and leaving the bridge (6 on each side) with taller poles with single banner arms, remove the faux banner arms from the balance of the pedestrian lights and to explore fountains on 2 paver decks on the bridge; all to be funded by FOOT. Second by Maurice Gutierrez. Carried unanimously 4-0. C. Recommend Applicant for Bayshore MSTU Advisory Board to BCC Tom Finn moved to recommend Conrad W1lkohem for approval to the Board of County CommlllSloners as a member of the Baysho,wIIJS1t"J.S \ Second by Maurice Gutierrez. Carried unanimously 4-0. Date I.. \ \ :} c\ ~ Item # \ t.T tAL 1 C0ple~ to 16, 1./J Victor Brittain moved to have the Pagoda painted for a cost not to '. exceed $1,000. Second by Maurice Gutierrez. Carried unanimously 4-0. VIII. New Business A lengthy discussion took place conceming reducing the millage rate and different projects. 2 9 Bay"OI. BMMllIMtlOIt M.s.' Jt Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 16 /1 A , " q February 7, 2007 MIN!JTES I. The meeting was called to order by Chairman Bill Neal at 4:00 p.m. II. ATTENDANCE Members: Bill Neal, Victor Brittain, Tom Finn, Maurice Gutierrez County: Diane Flagg - Director of A TM, Tessie Sillery- MSTU Project Coordinator Others: Aaron Gross- Ground Zero Landscape Service, Inc., David Jackson- CRA, Jean Jourdan, John Pallis, Sue Chapin - Mancan III. APPROVAL OF AGENDA Tom Finn moved to approve the agenda. Second by Maurice Gutierrez. Motion carried unanimously 4-0. IV. APPROVAL OF MINUTES - January 3, 2007 & Special Meeting Minutes January 10, 2007 Maurice Gutierrez moved to approve the Minutes of January 3, 2007. Second by BfII Neal. Carried unanimously 4-0. Victor Brittain moved to approve the Minutes of January 10, 2007. Second by Tom Finn. All information uncler (V. Vote on Bayshore Member Candidates wili be struck) - Bill Neal did not recommend a secret ballot vote. (Will be deleted) - The vote was not a secret ballot. (Will be deleted) _ The voting and counting of ballots was not an ordinary procedure normally followed (Will be deleted) Victor Brittain moved to amend his motion to approve the Minutes of January 10, 2007 as amended. Tom Finn amended his second. Motion carried unanimously 4-0. V. LANDSCAPE MAINTENANCE REPORT A. Ground Zero - Aaron Gross o Palms and Ixorias have been fertilized o Have new trash liners (CAT picks up the trash at the bus locations) o Area has been pruned o 26 banners are missing - butterflies I 1 6~/l ~ o , Project list was discussed. Banners for the bridge will be coordinated with the signs. (Lykens Sign Tech will do the work) 2-3 weeks timeframe. Sixteen larger Banners are ordered and will be delivered within 15 days. Accident - coping and tiles needed repair due to an accident - estimate is forthcoming. VI. Transportation Services Report A. Budget -lisa Hendrickson - Report was given by Tessie. The different categories were reviewed. (Attached) B. Project Managers Report - Darryl Richard Tessie Sillery gave report- . Banner replacements have been ordered and should be received in 15 days . Bridge Banners ordered . Bayshore Drive sign in Median ordered . Effluent Conversion Project delayed but Work Order is being processed for signatures - should receive in 1 to 1 Y. weeks (Diane explained the reuse water situation with infrastructure and the Utilities schedule) "New Business was brought up at this time concerning FOOT LAP Grant Project. . Pictures were distributed of the Bridge. (Attached) Diane Flagg mentioned the bridge is their focal point and showed them what accents can be done to the area. o Lights were shown with taller poles and banner arms approaching the Bridge area o Pedestal on both sides of bridge could possibly have a fountain on each - water recirculation and self contained lighting (requires FOOT approval) o 4 double banner light poles on bridge could have 4 "real" taller light poles with the banner arms. o Another recommendation - Pedestrian pole without any banner arms o Would start to work with FOOT on the $200,000 Grant and find out what they will or will not finance Some concems of the Committee were the maintenance and possible vandalism with the fountains but were in favor of the above suggestions. Tessie will bring back suggestions of sculptures etc. in the fountains. Tom Finn moved to proceed with FOOT approval of the above-mentioned projects: replace the 4 bridge lights with taller poles and double banner arms, to replace the 24 lights approaching the bridge, and lesvlng the bridge (6 on esch side) with taller poles with single banner arms, remove the faux banner arms from the balance of the pedestrian lights and to explore fountains on 2 paver decks on the bridge; all to be funded by FDOT. Second by Maurice Gutierrez. Carried unanimously 4-(). VII. Old Business A. lights by Firehouse on Jespers - no report 2 1611;:; B. MSTU and CRA "Bayshore" Signage Design Proposal - finished C. Recommend Applicant for Bayshare MSTU Advisory Board to BCC .....,.,. I) ~'l Tom Finn moved to recommend Conrad Wllkohem for approval to the Board of County Commissioners as a member of the Bsyshore MSTU. Second by Maurice Gutierrez. Carried unanimously 4-0. Tessie mentioned painting the Pagoda and had researched cost for approximately $1,000. Victor BrlttBln moved to have the Pagoda painted for a cost not to exceed $1,000. Second by Maurice Gutierrez. Carried unanimously 4-0. Bill Neal talked about the Cobra lights and the lumens being sufficient lighting or not. Diane Flagg reported they did a lumen test and Tessie will find out from Lumec if the lumens can be upgraded. The Cobras do have to stay but the bulbs could possibly be changed out. The County establishes a standard and adopted the FOOT's standard for Collier County's roadway lighting. VIII. New Business A. CRA and Bayshore MSTU Coordination Bill Neal gave past history of the MSTU when it was organized. The CRA was later formed with different boundaries than the MSTU. Discussed the taxes and a reduction in the millage rate moving the MSTU into a maintenance mode. The CRA looks at a bigger picture and the MSTU is limited in scope. The future is a concem of the Committee members in which they would like to see more progress and accomplishments. Several options and the MSTU boundaries were discussed. (Map attached) Other options discussed were meeting on a quarterly basis, maintaining a working board and working with the CRA. Diane Flagg mentioned if they met quarterly, the current project would be to maintain what they have now, implement the lighting and water program and participate with CRA programs. The CRA sunsets approx. 20 years from now so the MSTU would be the entity to maintain the infrastructure residential landscaping projects as they do not sunset. Costs for the different millage rates were given: (The current Mil is 1.75 with $1.3M in Improvements General) o 1.75 mil = $918,000 (money generated now) o 1.00 mil = $524,000 (would cover current maintenance, current projects and any new projects) o .50 mil = $262,595 (would cover current maintenance & current projects) A lengthy discussion pursued with different options and ideas expressed. Bill Neal stated the MSTU will need a representative for the CRA before the end of the year, as he will no longer be on the CRA Board. Consensus was lowering the millage rate to .5 might be too drastic. Decision needs to be made at their March meeting for budgetary purposes. 3 1611 ..~ 9 Members will decide on: . Future goals for the MSTU . MSTU Millage Rate . Meeting Dates . Possible Projects (Continue brick paver sidewalks, changing the signage, etc.) Tessie will accumulate costs for demolishing and putting in a new sidewalk from Lakeview to Windstar. David Jackson will fumish the MSTU the final report of the Bayshore Study. B. FOOT LAP Grant Project - discussed above C. Tax Milleage Reduction - discussed above D. Meeting Schedule - Future meetings will be held at the Botanical Gardens at no charge. E. Reorganization of MSTU - Tessie Sillery will be the representative for the Bayshore MSTU. Darryl will work. on the larger projects, but Tessie will be the point person and willing to communicate at any time with any of the members at their discretion. IX. Public Comments . Asked for projects in the area past Dells. Being no further business to come before the Committee, the meeting adjourned by the Chairman at 6:00 PM. ""Note new date & place"" The next meeting is Wednesday, March 21,20074:00 PM. Naples Botanical Gardens 4820 Bayshore Drive Naples, FL 34112 239-643-7275 4 BaygAOI# BMlttllluJtlOll M.s.7 Jl. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 March 21. 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - February 7, 2007 V. Landscape Maintenance Report. Ground Zero VI. Transportation Services Report A. Budget - Lisa Hendrickson B. Project Managers Report - Tessie Sillery 1. FOOT LAP Grant Project: fountainllights 2. Banners 3. Effluent Water Project 4. Pagoda painting 5. Lumen review by Traffic Operations; Cobra lights VII. Old Business A. Future Projects for FY'08 Budget 1. Brick Paver Sidewalks 2. Roadway Signage Changes 3. Additional Suggestions B. Millage Rate Reduction C. Meeting Schedule VIII. New Business A. FY'08 Budget Recommendations IX. Public Comments X. 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Option to Reduce W. HARMON TURNER BUILDING J (ADMINISTRATION BUILDING) FIala .-t'-:------. COURTHOUSE COMPLEJ<; ~~1~~1l19_:~- _. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED ~~tJRD5F THE ------. PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE T~t\1ERBAT!M RECORD OF THE PROCEEDINGS IS IMDE. WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1611 A Jef: AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: WEDNESDAY - MARCH 21,2007 TIME: 9:00 AM. [iJJ 001 Ma. ,h:"L 03/19/2007 15:45 FAX F: ."'~- D . 'r.I..-j'-.-, I. ROLL CALL II ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: February 21, 2007 V. DISPUSSION: VI NEW BUSINESS: i Paul A. Sellers - Review of experience for Non-Electrical Sign Contr. license VII. OLI] BUSINESS: , VIII pueLlc HEARiNGS: CLB CASE# 2007-04 CLB CASE#2007 .05 IX. REPORTS X. NEXT MEETING DATE Calve~ N. Courtney II D/B/A Brickstone Paver Designs. Inc. Calve~ N. Courtney II D/B/A Br'ckstone Paver Designs, Inc. Apnl 18, 2007 3101 E. Tamlaml Trail Naoles, FL, 34104 Mlsc correJ \ Date L\}~ U\ Item# \\.~1:.,' f\ \0 COP1~S to 16JIA.IJ RECEIVED FEe 2 2 2007 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE Board of County CommissIoners 2705 Horseshoe Drive South Naples, FI 34104 Aaenda Fiala / q:~~ing_:~~..~~::.~::=-~~ Coyle .L......._-- (;oletto . .... cC'-' February 15, 2007 I. Call meeting to order II. Attendance III. Approval of Agenda IV. Approval of Minutes - January 18, 2007 V. landscape Maintenance Report - ClM VI. landscape Architect's Report - Michael McGee VII. Housekeeping Items VIII. Transportation Operations Report A. Project Manager Report - Darryl Richard IX. Budget Report A. Budget Committee - Lisa Hendrickson & Bob Cole X. Committee Reports XI. Old Business XII. New Business XIII. Public Comments XIV. Adjournment The next meeting will be March 15, 2007 at 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Dr. South, Naples, FL 34104 Date: 'tem#:M Misc. C .:(res: 1l \}i! tP-' IA il CopIes to: 1611-4'17, GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, FI 34104 January 18, 2007 Minutes I. The meeting was called to order by Vice Chairman Bob Cole at 4:06 p.m. II. Attendance Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson (absent), Robert Slebodnik (excused) County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Lisa Hendrickson- Management Budget Analyst Others: Michael McGee- McGee & Associates, Jim Fritchey- Commercial Land Maintenance, Michelle L. S. Guerrero- Mancan III. Approval of Agenda Add: Line item "XI. Old Business, A. Flags" Line item "XII. New Business, A. Landscape Maintenance Agreement" Vice Chairman Bob Cole approved the agenda. IV. Approval of Minutes - December 21, 2006 Tony Branco moved to approve the minutes. Second by Kathleen Dammert. Motion carries unanimously 3-0. V. Landscape Maintenance Report - CLM A. Update on Landscaping Jim Fritchey reported: Plant replacement is needed. Boganvilla will be watered less to produce more flowering and less growth. Plumbago will continue to be spray treated. 1 . open discussion ensued on not knowing W~y ~e"Pll~goloIike they have been burned, have an insect infestation, or a liquid fertilizer burn. VI. Landscape Architect's Report - Michael McGee Michael McGee reported that nozzles on the irrigation system by the shopping center need to be adjusted. Phase III plans are ready to be given to Commercial Landscape Maintenance for a bid. The Golf Course will look at the plans for Pebble Beach, Forest Hill, and Augusta because they were fine with the plans, except for minor concerns with sufficient irrigation. A cost for the MSTU and the Golf Course needs to be defined for the project before it goes forward. Tony Branco moved to go out for quotes for the August/Forest Hill project. Second by Kathleen Dammert. Motion carries unanimously 3-0. Tony Branco mentioned the "Stop" signs that have been placed in the right-of-way for golf cart crossing. Darryl Richard mentioned that a right-of-way permit would be needed. He will discuss the issue with the Golf Course at their upcoming meeting. VII. Housekeeping Items Ms. Dammert was welcomed. VIII. Transportation Operations Report A. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). Tessie Sillery noted that two of the three flags have been replaced along highway 41; the company is waiting for the County flag. Tony Branco added that he does not believe the American flag is to the National Standard size. He would like the American flag to be 5X9Y:. with the State and County flags at 4X6 in order to meet the National Standard. Tessie Sillery reported that Road Maintenance has agreed to paint the curbing. IX. Budget Report A. Budget Committee - Lisa Hendrickson & Bob Cole Lisa Hendrickson distributed and reviewed the report (see attachment). 2 . . .. J 6 I 1,4' 7 J Darryl Richard suggested moving funds into Landscaping Incid~~ta s to allow the maintenance contractor to work on the current projects. Bob Cole moved to transfer $25,000 from Capital Funds to Landscape Incidental. Second by Tony Branco. Motion carries unanimously 3-0. X. Committee Reports None XI. Old Business A. Flags Previously discussed. XII. New Business A. Landscape Maintenance Agreement Darryl Richard reported that Ted Weiner from Weiner Companies Inc. intends to dissolve the landscape agreement for the corner of Highway 41 and 51. Andrews. Darryl Richard will address the issue with the County Attorney's office and give a report next month. XIII. Public Comments None There being no further business to come before the Committee the meeting was adjourned by order of the Vice Chairman at 5:02 p.m. The next meeting will be February 15, 2007 at 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Dr. South, Naples, FL 34104 3 165 ,4 11 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, FI 34104 January 18, 2007 Summary A quorum was established the minutes and agenda were approved. VI. Landscape Architect's Report - Michael McGee Tony Branco moved to go out for quotes for the August/Forest Hill project. Second by Kathleen Dammert. Motion carries unanimously 3-0. IX. Budget Report A. Budget Committee - Lisa Hendrickson & Bob Cole Bob Cole moved to transfer $25,000 from Capital Funds to Landscape Incidental. Second by Tony Branco. 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III :::l r::: III ~ r- ~~ Z-( Os:: .....CIJ U'I-1 NC ..... !>> N o o ..... 1611,471 January 17, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lelv MSTU Proiect Status (L-30) - ACTIVE ON GOING - (Tessie) - Flag Pole Pole Maintenance - Committee requested statrto replace American Flag. 1-17-07: Facilities Maint. will replace flag today (L-23) -ACTIVE- (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER 11-17-06 MEETING) Lely Phase II-Landscape and Irrigation; Final 100% Design Approved by FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires checklist approval); Checklist has been submitted to FDOT for approval. 5-1-06; FDOT Notice to Proceed is pending. Checklist has been approved. 5-15-06; Notice to proceed still pending, checklist has been approved. 5-30-06; FDOT NTP and drawings delivered to purchasing - pending advertisement from purchasing. 6-5-06: Contract Letting by Purchasing, Bids due by 6-30-06; BCC Approval for 7-25-06 meeting (Novus Deadline of 7-1 0-06) 6-12-06: Bids are due June 30, 2006 - bcc 7-25-06 6-15-06; Pre-Bid Meeting on June 20, 2006 6-27-06; Addendum #1 - in progress. 7-18-06; BCC to award bid to Vila & Sons -7-25-06 7-25-06: BCC Approved Vila & Son Contract 8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of Contract/Purchase Order. 8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9-1-06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9-5-06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow-up call in 48 hours for confirmation of approval. 9-19-06: Notice to Proceed for Vila & Son; project begins: September 19,2006 with 90 day contract period ending December 18, 2006. 11-6-06: Vila & Son Pay Application #1 reviewed and rejected due to non-completion of 'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7-06: Revised pay application approved for payment. Project is 57 % completed. 1-17-07: Substantial Completion Inspection; Punch-List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, A TM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. (L-29) -ACTIVE -{Darryl) - Median Re-Painting By Road & Bridge; As per Committee Request on 11-16- 06 Road & Bridge needs to paint "4" numbers at each median opening. 12-20-06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. (L-24) -ACTIVE -{Darryl) - (PROJECT PRIORITY #2 AS PER 11-17-06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT - Need Committee Action for award of quote ~ p' i-'" '" ~,1 I, ! i J. A 1 .1 6-15-06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re-quote project with clarification concerning the discrepancies. 6-27-06: Waiting on quotes. 7-18-06: Need a l>id-tab Schedule from McGee & Associates and electrical engineering 8-17-06: Quotes from Annual Contractors for Electrical InstallationlDesign is pending. 8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8-21-06: Owner of Kent Technologies Thorn Esch office visit. Thorn receives updated copy of plans. 8-22-06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8-31-06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9-1-06. 9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County. 9-5-06; Bid Schedule revised and sent out. 10-19-06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break-down of each line item from E.B. Simmonds. 10-30-06: E.B. Simmonds request meeting with Mike McGee and Staffto review project and quote. 11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re-quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required. 11-17-06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12-20-06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by Commercial Land Maintance installation of irrigation and landscaping. 1-17-07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install. (L-25) -ACTIVE - -{Darryl) (PROJECT PRIORITY #3 AS PER 11-17-06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10-19-06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if project is agreeable to Golf Course Management for Construction. 11-17-06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12-18-06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12-18-06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1-17-06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. (L-22) - ACTIVE - -{Darryl) (PROJECT PRIORITY #4 AS PER 11-17-06 MEETING) Augusta Boulevard at Forest Hill Plantiug Project - Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5-30-06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase II is completed. 7-18-06: Committee has placed project on hold until phase II completes. 8-22-06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11-16-06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12-14-06: MSTU Committee selects to include golf cart crossing area into project. 1-17-07: Meeting with Golf Course Superintendent Allan Cooper to review project. 1-18-07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (I) Spare valve is available for use by the MSTU for project. (L-26) - COMPLETE - Order for new Sign - Pebble Beach Median #19 16/1,74 ., 1 ~. . .l 8-17-06; Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median # 19 Pebble Beach Drive. 8-31-06: Staff request that Lykins provide quote for issue of PO. 9-8-06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10-9-06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10-19-06; Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L-28) - COMPLETE - PEBBLE BEACH OVERPASS PROJECT -Road & Bridge to reconstruct asphalt on overpass. No confIrmation of schedule from R& B as of today - 3-6-06 and as of5-15-06 5-30-06; Stonnwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks. 7-18-06; Jerry Kurtz reports project is not funded this fIscal year and there are no immediate project needs. 8-17-06: Lely MSTU Committee request review of project and reconsideration for project schedule. 8-18-06; Eugene Calvert sends email indicating that the project is not scheduled/funded by Stonnwater. 8-22-06: Committee has requested review of previous detennination by Stonnwater that the project does not warrant action by Stonnwater. A TM Liaison Staff has set up a meeting on August 24, 2006 at I :00 PM to discuss. 8-24-06: Staff meets with Committee Chainnan Bob Slebodnik to review project. 9-1-06; RLS sent to Scott Teach to confInn that the MSTU can fund 50% of $65,000.00 project; Stonnwater Dept. would fund other 50%. 9-11-06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10-19-06: As per County Attorney's review and response project is detennined to be a 'non-MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L-25) - COMPLETE-Pending Committee Action - PALM TREE REPLACEMENT - MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms.- 7/18/06: McGee provided quote and committee waiting for phase II before proceeding with project. 8-17-06: McGee fonnal written proposal is pending. 8-17-06: Staff requests a fonnal written proposal from McGee & Associates at MSTU Meeting. 8-22-06: Written Proposal from McGee is pending. 9-11-06; Anticipated delivery date 9-30-06 10-19-06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L-27) - COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for $760.00 approved by Committee on July 20,2006. 7-24-06: Staff request to purchase for Lykins in the amount of$760.00 8-17-06: Lykins installation of sign pending. 8-22-06: PO issued to Lykins for installation of sign. Installation to be complete by 2"' week Sept. 8-31-06: Proof will be forwarded to Staff on 9-1-06 for review. 9-7-06; Darryl approved the proof. 9-22-06: Lykins begins installation of sign. 10-1-06: Lykins installation complete (L-21) COMPLETE - Flag lighting-not working.- Anticipated completion date - September 30th, 2006 8-17-06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee charged 10-10-06: Lights reported 100% operational by Committee Chainnan (L-l) - COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal -Travis Gossard contacted regarding request for re-spraying of exotics. 8-22-06: Danny Dominguez confInns that the re-spraying of the Canal has taken place. 1611n 11 (L -2) - COMPLETE--Painting of Curbs and Yellow Paint at Median Tips 6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6-23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7-6-06: Gerald emailedgivingus an update on their painting schedule and askedJ.Vliet to respond to us. 7-18-06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7-18-06; Will purchase paint at Sherwin Williams and provide to CLM. 7-20-06: Paint and materials dropped off to CLM 8-15-06: CLM performing painting, curbs completed, painting of numbers not complete 8-22-06: Project is completed. (L-3) -COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8-14-06: Inspection indicated that plantings had not occurred CLM contacted. 8-22-06: Plantings of Crown of Thorn is completed. (L-4) COMPLETE- Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- HOA to fund installation, MSTU to pay for Y, of construction cost. 5-15-06: Pending Purchasing approval 5-30-06: Kent Tech is revising their estimate as per contract. 6-12-06: Kent tech has provided requested quote, item being processed by Finance/Purchasing (L-5) -COMPLETE-Lely Phase 11- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole wi 11 poles) ~Total Project $40,060.00. E.B. Simmonds is complete, FPL to power up Meter-pending. 5-1-06; FPL and EB Simmonds work complete. (L-6) COMPLETE-Potable Water Meter Removal (L 7) -COMPLETE-Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L-8) Flag Replacement- COMPLETED-Flag Order for poles at St. Andrews and US 41 6-15-06; as per committee request the flags will be ordered twice a year or "as needed" (L-9) -COMPLETE-Lely Phase 1- Complete (3/1/05) - COMPLETED (L-IO) -COMPLETE-Drainage Project -Pebble Beach Road- Non-MSTU Project (L-II) -COMPLETE-Drainage Project -St. Andrews Boulevard-Embankment Cleaning- 100% (L-12) COMPLETE-Baltusrol Culvert Inlet Clean-Out 5-12-06; Project Competed by Commercial Land Maintenance (L-13) -COMPLETE-Baltusrol Overpass Asphalt Repair - at the request of the Committee Chairman Road & Bridge performed the repair. 3-10-06; Project Completed by Road & Bridge (L-14) -COMPLETE-Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 1<.' .(: ~ ! :1 -'-~- ""'" r if A 1 1 "h ,.,'.. 2-2-06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L-15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates- Lely MSTU Area. 5-5-06; Project Completed by Commercial Land Maintenance. (L-16) COMPLETE-Doral Circle: Pepper Tree Removal 6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6-15-06; Pepper Tree reported removed (L-17) -COMPLETE-Doral Circle Sign Lighting Project 3-15-06Project Completed by Kent Technologies under contract with Lely MSTU. (L-18) -COMPLETE-Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2-10-06; Project reported complete by Commercial Land Maintenance. (L-19) - On Hold- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L-20) - COMPLETE -FLAG POLE REPLACEMENT- a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5-1-06; PO issue is pending as per Committee Approval. 5-15-06; Sign Craft received NTP on 5-12-06 and waiting on material order- drawing prepared.- 3 weeks estimated for poles to be received. 6-12-06: flag poles to arrive within I week. - On site meeting with contract to confirm locations. 6-15-06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6-27-06 : to be installed by June 30th pending CDS review of construction pad 7-3-06: Flag Poles are up with flags. For 4th of July..!!!! 1 ' ,~. J.b 11..' "'f! 1 -. J, , GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples. FI 34104 March 1 S. 2007 Aaenda I. Call meeting to order II. . Attendance III. Approval of Agenda IV. Approval of Minutes - February 15, 2007 V. Landscape Maintenance Report - CLM VI. Landscape Architect's Report - Michael McGee VII. Transportation Operations Report A. Project Manager Report - Darryl Richard VIII. Budget Report A. Budget Committee - Lisa Hendrickson & Bob Cole IX. Housekeeping Items X. Committee Reports XI. Old Business XII. New Business XIII. Public Comments XIV. Adjournment The next meeting will be April 19, 2007 at 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Dr. South, Naples, FL 34104 I :"iaia ~:::n .=::;~-~.- g.- -('''9-''---- Coyle __._. __,__ ._.___.__ Coletta v 1 ~ '7 1 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples. FI 34104 February 15. 2007 Summary A quorum was established the minutes and agenda were approved. I. Transportation Operations Report A. Project Manager Report - Darryl Richard Bob Cole moved to wave all the commitments to reimburse project funds to all property owners within the Landscape Maintenance Agreement. Second by Bob Slebodnik. Motion carries unanimously 5-0. It was agreed by the Committee that Tessie Sillery should order the flags from the vendor found on the internet by Tony Branco. Bob Slebodnik moved to approve $8,734.47 for the purpose of renovating medians #1 and #2 with the option included. Second by David Larson. Motion carries unanimously 5-0. I 161.1,411 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples. FI 34104 February 15, 2007 Minutes I. The meeting was called to order by Chairman Bob Slebodnik II. Attendance Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Lisa Hendrickson- Management Budget Analyst Others: Michael McGee- McGee & Associates, Jim Fritchey- Commercial Land Maintenance, Michelle L. S. Guerrero- Mancan III. Approval of Agenda Add: Line item "VII. Housekeeping Items, A. Naples Daily News re: St. Andrews Entry Beautification" Line item "XII. New Business, A. Lely Golt Estates Civic Association Annual Meeting" Line item "XII. New Business, B. Sewer Drains" Bob Cole moved to approve the agenda. Second by Tony Branco. Motion carries unanimously 5-0. IV. Approval of Minutes - January 18, 2007 Add: Page #2 "VI. Landscape Architect's Report" Darryl Richards comment "mentioned that a right-ot-way permit would be needed tor golt crossing signs." Tony Branco moved to approve the minutes. Second by David larson. Motion carries unanimously 5-0. V. landscape Maintenance Report - ClM 1 Jim Fritchey reported: - Tree stakes have been removed on most trees. Fertilization was performed. - The bougainvillea has been sprayed for caterpillars. _ Median #18 at Pebble Beach had a vehicular accident that needs to be repaired. i lA~ "'.~'1 I l. A I... Bob Slebodnik mentioned that the new plantings on median #14 are not looking very good. Jim Fritchey agreed to look into the issue. VI. Landscape Architect's Report - Michael McGee Michael McGee reported that there is an electrical box with wires sticking up on St. Andrews and Hwy 41 that needs to be addressed. Darryl Richard agreed to look into the situation. Michael McGee continued his report. He noted that trees need to be trimmed at the St. Andrews entrance. He will direct Commercial Landscape Maintenance on the needed prunings. Tony Branco mentioned a Royal Palm that came down that caused damage to the sign bolts at the main entrance at St. Andrews and Hwy 41 on the west side. VII. Housekeeping Items A. Naples Daily News re: St. Andrews Entry Beautification Bob Slebodnik distributed an article that was printed in the Naples Daily News that gave kudos to the wrong group for the beautification of the St. Andrews Entryway. He wrote a letter to Jeff Lytle, editor that was published, correcting the discrepancy (see attachments). VIII. Transportation Operations Report A. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). Darryl Richard mentioned that it is undetermined at this time what action Mr. Weiner the previous property owner of the SunCoast Federal Credit Union parcel will take as far as backing out of the landscaping agreement that had been set up with the Lely MSTU. Bob Slebodnik mentioned the actions that he had taken in speaking with Mr. Weiner about the situation. Michael McGee noted that the County requires the landscaping to be maintained if not by the Lely MSTU then by the owner. 2 16'1 ~ 1 St. Andrews Square at LeZy LEL Y SQUARE PARTNERSHIP clo The Weiner Companies, Inc. 1642 Medical Lane, Suite B Fort Myers, Florida 33907 Voice: (239) 939-7088 Facsimile: (239) 939-7892 January 24, 2007 Ms. Rebecca A Daniels Florida Power & light Company P. O. Box 029100 Miami, Florida 33102-9100 Re: 8793 Tamiami Trail E., Naples, Florida Dear Ms. Daniels: We are the owners of St Andrews Square shopping center located at 8793 - 8795 Tamiami Trail E, Naples, Florida 34113. On January 22, 2007 we received the enclosed fetter advising us of your jntent to prune trees located on our property lying beneath your power lines. This work was performed and completed last week prior to our receiving any notice of your jntent to prune the trees and \lVithout any contractor representative contacting us. Furthermore, Collier County Code Enforcement requires that all tree pruning be performed under the supervision and direction of a Certified Arbarist and in accordance with the current "Tree, Shrub, and Other Woedy Plant Maintenance - Standard Practices ANSI ;\.300". The pruning perfonned by your contractor, j3.,splundh, to the trees on our property can best be descrIbed as a "butchering" of our trees. While at our property observing the perlormancc of their work J saw no Certified Arborist present nor did any of ~heir crew know of any Certified ,Arborist supervising or directing the warle The purpose of this ~etter is to request that you ~dentjfy, or have Asplundh identify, to us the name and contact information of the Certified Amorist that was hired to supervise and direct Asplundh's pruning of our trees. Your prompt response is appreciated. Very truly yours, Le!y Square Partnership Theodore M. Weiner Partner Certified Mail #7004 1160 0001 8623 2939 Return Receipt Requested Ii J- d 1_ r"-.--";-' I '" " " ;' t/ '~r jl,r:"',-''< _.-. ___..' .' - ,f-'<) /"~ J,.> k.-' i~ ~~ i:'" l'..> .'"t 'N '~fl .' ...,-..,9 Q"r-:' 1- ",'1_1 .'. l '\. ~ ., ' .. ! , l' Very happy ending Emtor. Daily News: I would like to pass on a well-deserved. .compliment that I believe is due to the Lely-CivicAssociation for the landscaping of St. Andrews Boulevard at U.S. 41 East. It is well done and a pleasure to view. Also. people (walkers and biking cou- ples) are enjoyirig it by resting on the benches now and then. For years I wondered why something wasn't done about those baIf-dead, propped-up bottlebrush trees that were such an eyesore. I am sure I am not the only resident who appreciates the new look. It also blends well with the landscaping of the medians. which is and always has been beautiful. Thanks again to all the people involved and the effort it took to getting it done. It is a wonderful improvement to East Naples. Mrs. ilI.l!. Bensen Saples /) ..,'-,. '-/ T , i'i :"" , .a:---'- .~ , s b7-1J)... .~ .' '-~- .-- c....../'F.: !<<- /~, ,\( ".....i:::.. Nl:>N 2-/~0'7 The rest of the story Editor, Daily News: We would like to thank JMrs. RR. Ben- son for the letter Monday praising the new landscaping at the entrance to the Lely Golf Estates Community. Unfortunately, the credit for the project was given to the wrong organization. It was the Lely Golf Estates Municipal Serv- ices Taxing Unit that was responsible for the landscaping improvements to St. An- drews Boulevard. This endeavor was funded from to.':: dollars levied within the community and two enhancement grants which the five-member board applied for in 2003. Tl1e grants were :received from the state of Florida. No funds were received from the Lelv Golf Estates Civic Association, al~ though' we work closely together for the beautification of our community. Robert Slebodnik Chairman, Lelv Golf Estates }y'fSTV " George Ramsell President. Lely Civic Association r:l1t17 1611417 '. January 17, 2007 Prepared by: Darryl Richard, Project Manger. Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lelv MSTU Proiect Status (L-31) - ACTIVE - Coordination with Ted Weiner- LMA Agreement 1-13-07: Letter from Ted Weiner - received and forwarded to Scott Teach (L-30) - ACTIVE ON GOING - (Tessie) - Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1-17-07: Facilities Maint. will replace flag today 1-18-07: Flags replaced 1-18-07: Committee requested for a different size flag 1-23-07 : Requested quote from Lykins 2-10-07: Single quotes and quotes for two for the committee to approve (L-29) -ACTIVE -(Darryl) - Median Re-Painting By Road & Bridge; As per Committee Request on 11-16- 06 Road & Bridge needs to paint "4" numbers at each median opening. 12-20-06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. 2-14-07: Darryl in field checking to make sure it was completed. (L-24) -ACTIVE -{Darryl) - (PROJECT PRIORITY #2 AS PER 11-17-06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT - Need Committee Action for award of quote 6-15-06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re-quote project with clarification concerning the discrepancies. 6-27-06: Waiting on quotes. 7-18-06: Need a l>id-tab Schedule from McGee & Associates and electrical engineering 8-17-06: Quotes from Annual Contractors for Electricallnstallation/Design is pending. 8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8-21-06: Owner of Kent Technologies Thorn Esch office visit. Thorn receives updated copy of plans. 8-22-06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8-31-06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9-1-06. 9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County. 9-5-06; Bid Schedule revised and sent out. 10-19-06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break-down of each line item from E.B. Simmonds. 10-30-06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re-quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required. 11-17-06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). ',. , !1 j, c . l ..., .,. 12-20-06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work. followed by Commercial Land Maintance installation of irrigation and landscaping. 1-17-07: Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install. (L-25) -ACTIVE - -(Darryl) (PROJECT PRIORITY #3 AS PER 11-17-06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10-19-06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine ifproject is agreeable to Golf Course Management for Construction. 11-17-06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12-18-06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12-18-06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1-17-06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. 2-15-07: Project on hold & reviewing with McGee in field for alternative solutions (L-22) - ACTIVE - -(Darryl) (PROJECT PRIORITY #4 AS PER 11-17-06 MEETING) Augusta Boulevard at Forest Hill Planting Project - Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5-30-06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase II is completed. 7-18-06: Committee has placed project on hold until phase II completes. 8-22-06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11-16-06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12-14-06: MSTU Committee selects to include golf cart crossing area into project. 1-17-07: Meeting with Golf Course Superintendent Allan Cooper to review project. 1-18-07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (I) Spare valve is available for use by the MSTU for project. 2-14-07 : Request for Quote sent out - deadline March 10th, 2007 (L-23) -COMPLETE - (Darryl) - (FOOT) (PROJECT PRIORITY #1 AS PER 11-17-06 MEETING) Lely Phase II-Landscape and Irrigation; Final 100% Design Approved by FOOT; Pennit received from Bryan Dennis FOOT; Waiting on Notice to Proceed from FOOT (requires checklist approval); Checklist has been submitted to FOOT for approval. 5-1-06; FOOT Notice to Proceed is pending. Checklist has been approved. 5-15-06; Notice to proceed still pending, checklist has been approved. 5-30-06; FOOT NTP and drawings delivered to purchasing - pending advertisement from purchasing. 6-5-06: Contract Letting by Purchasing, Bids due by 6-30-06; BCC Approval for 7-25-06 meeting (Novus Deadline of 7-10-06) 6-12-06: Bids are due June 30, 2006 - bcc 7-25-06 6-15-06; Pre-Bid Meeting on June 20, 2006 6-27-06; Addendum #1 - in progress. 7-18-06; BCC to award bid to Vila & Sons -7-25-06 7-25-06: BCC Approved Vila & Son Contract 8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FOOT portion of contract and will return it back to Purchasing prior to issue of Contract/Purchase Order. 8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9-1-06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 16'lA71 9-5-06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow-up call in 48 hours for confirmation of approval. 9-19-06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18, 2006. 11-6-06: Vila & Son Pay Application #1 reviewed and rejected due to non-completion of 'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7 -06: Revised pay application approved for payment. Project is 57 % completed. 1-17-07: Substantial Completion Inspection; Punch-List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, ATM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. (L-26) - COMPLETE - Order for new Sign - Pebble Beach Median #19 8-17-06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median #19 Pebble Beach Drive. 8-31-06: Staff request that Lykins provide quote for issue of PO. 9-8-06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10-9-06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10-19-06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L-28) - COMPLETE - PEBBLE BEACH OVERPASS PROJECT -Road & Bridge to reconstruct asphalt on overpass. No confirmation of schedule from R& B as of today - 3-6-06 and as of 5-15-06 5-30-06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks. 7-18-06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8-17-06: Lely MSTU Committee request review of project and reconsideration for project schedule. 8-18-06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Stormwater. 8-22-06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8-24-06: Staff meets with Committee Chairman Bob Slebodnik to review project. 9-1-06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fund other 50%. 9-11-06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10-19-06: As per County Attorney's review and response project is determined to be a 'non-MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L-25) - COMPLETE-Pending Committee Action - PALM TREE REPLACEMENT - MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms. - 7/18/06: McGee provided quote and committee waiting for phase II before proceeding with project. 8-17 -06: McGee formal written proposal is pending. 8-17-06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting. 8-22-06: Written Proposal from McGee is pending. 9-11-06: Anticipated delivery date 9-30-06 10-19-06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L-27) - COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for $760.00 approved by Committee on July 20,2006. 7-24-06: Staff request to purchase for Lykins in the amount of$760.00 8-17-06: Lykins installation of sign pending. 8-22-06: PO issued to Lykins for installation of sign. Installation to be complete by 2"d week Sept. 8-31-06: ProofwiIl be forwarded to Staff on 9-1-06 for review. 9-7-06; Darryl approved the proof. 9-22-06: Lykins begins installation of sign. ,~ i 1 "I 1 ., l 10-1-06: Lykins installation complete (L-21) COMPLETE - Flag lighting - not working.- Anticipated completion date - September 30th, 2006 8-17-06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee charged 10-10-06: Lights reported 100% operational by Committee Chairman (L-I) - COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal-Travis Gossard contacted regarding request for re-spraying of exotics. 8-22-06: Danny Dominguez confirms that the re-spraying of the Canal has taken place. (L -2) - COMPLETE--Painting of Curbs and Yellow Paint at Median Tips 6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6-23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7-6-06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us. 7-18-06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7-18-06; Will purchase paint at Sherwin Williams and provide to CLM. 7-20-06: Paint and materials dropped otrto CLM 8-15-06: CLM performing painting, curbs completed, painting of numbers not complete 8-22-06: Project is completed. (L-3) -COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8-14-06: Inspection indicated that plantings had not occurred CLM contacted. 8-22-06: Plantings of Crown of Thorn is completed. (L-4) COMPLETE- Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- HOA to fund installation, MSTU to pay for Y, of construction cost. 5-15-06: Pending Purchasing approval 5-30-06: Kent Tech is revising their estimate as per contract. 6-12-06: Kent tech has provided requested quote, item being processed by FinancelPurchasing (L-5) -COMPLETE-Lely Phase II- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17.050.00 ($1,550 per pole wi 11 poles) ~Total Project $40,060.00. E.B. Simmonds is complete. FPL to power up Meter-pending. 5-1-06; FPL and EB Simmonds work complete. (L-6) COMPLETE-Potable Water Meter Removal (L 7) -COMPLETE-Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L-8) Flag Replacement- COMPLETED-Flag Order for poles at St. Andrews and US 41 6-15-06; as per committee request the flags will be ordered twice a year or "as needed" (L-9) -COMPlETE-Lely Phase 1- Complete (3/1105) - COMPLETED (L-IO) -COMPLETE-Drainage Project -Pebble Beach Road- Non-MSTU Project (L-II) -COMPLETE-Drainage Project -St. Andrews Boulevard-Embankment Cleaning- 100% 161111 (L-12) COMPLETE-Baltusrol Culvert Inlet Clean-Out 5-12-06; Project Competed by Commercial Land Maintenance (L-13) -COMPLn E-Baltusrol Overpass Asphalt Repair- at the request of the Committee Chairman Road & Bridge performed the repair. 3-10-06; Project Completed by Road & Bridge (L-14) -COMPLETE-Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2-2-06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L-15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates- Lely MSTU Area. 5-5-06; Project Completed by Commercial Land Maintenance. (L-16) COMPLETE-Doral Circle: Pepper Tree Removal 6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6-15-06; Pepper Tree reported removed (L-17) -COMPLETE-Doral Circle Sign Lighting Project 3-15-06Project Completed by Kent Technologies under contract with Lely MSTU. (L-18) -COMPLETE-Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2-10-06; Project reported complete by Commercial Land Maintenance. (L-19) - On Hold- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L-20) - COMPLETE -FLAG POLE REPLACEMENT- a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5-1-06; PO issue is pending as per Committee Approval. 5-15-06; Sign Craft received NTP on 5-12-06 and waiting on material order- drawing prepared.- 3 weeks estimated for poles to be received. 6-12-06: flag poles to arrive within 1 week. - On site meeting with contract to confirm locations. 6-15-06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6-27-06 : to be installed by June 30'h pending CDS review of construction pad 7-3-06: Flag Poles are up with flags. For 4'h ofJuly..!!!' 1 7 02/01/2007 12:50 2392547792 ~f j' i' ['C eft V f lA'l .( PAGE 02 LYKINS SIGNTEK & DEVELOPMENT SPECIALTIES COMMERCIAL AND RESIDENTIAL DATE: 211/07 PROPOSAL/CONTRACT 5935 Taylor Rd Naples, FL 34109 Ph. 239-591-4131 FX.239-254-7792 Cell. 239777-6201 To: Attn: RE: Collier County Tessie Flags Owner's N~m.: Assn. Job Address: Naples L YKIN8 SHALL PROVIDE: Flags CONSISTING OF: 2 Slate Flage 4' x 6' Nylon 116.20unlt $232..40 2 county Flags 4' x 6' Nylon 420...nl1 $840.00 2 American Flags 5' x 9.5' Polyester 134,aounlt $269.00 Total $1,341.00 Thanks, Tony Lykins TERMS AND CONDITIONS 1%% Late Fee on all past due Invoices I accep11tle above proposal at the price quoted, and agree to pay for said work promptly upon completion of same as herein specified. Accepted Date 02/09/2007' 15:17 2392547792 1611411 PAGE 02 LYKINS SIGNTEK & DEVELOPMENT SPECIALTIES COMMERCIAL AND RESIDENTIAL PROPOSAL/CONTRACT 5935 Tayler Rd Naples, FL 34109 Ph. 239-591-4131 FlC. 239-254-7792 Cell. 239777-6201 DATE: 2/1107 To: Attn: RE: Collier County Tessie Flags Owner'. Name: Assn. Job Address: Naples L YKlN8 SHALL PROVIDE: Flags CONSISTING OF: 1 State Flage 4' x 6' Nylon 116.20unit 1 county Flags 4' x 6' Nylon 420.unlt 1 American Flags 5' x 9.5' Polyester 1M.!Ounit I~ 7(}. 2. Thanks, Tony Lykins TERMS AND CONOITIONS 1)';% Lllte Fee on "II past due Invoices I accept the above proposal lit the price quoted, and agree to pay lor said work promplly upon completion of same as herein spedfied. Accepted Date - Commercial Land Maintenance Full Service Landscape Management ,]61'1 Al7 ESTJMA TS..IO. E 1001065 3980 Exchange Av6', . Naples, FL 34104 Offics: (239) Ei43-62D5 . Fax: (239) 643.5012 E-mail: commi~nd@i;Jo/.Cf)m CUSTOMER NO. BILL TO: Collier County Dept of T fllnsportation 2885 Horseshoe Drive South Naples, Fl34101 Acct: LEl Y /634999 LEL Y GOLF ESTATES MSTU LANDSCAPERENOVA~ON PHASE THREE- MEDIAN 1 & 2 6 Superviser lalloOr to Prepare site fur plantings per notes and 56-35 333.10 plans Removal of existing plants, turf and irrigation compomml per plans. RemovaI1-stump, IJ.-King Sage, 10 -Varig. Pitlispcrum, 35-Hawthome relecate 5-slump Crinum Lilies (optional) 12 Regular labor 10 assist. 37.93 455,16 1 County Dumping Fees fur malerials removed ftom site. 200.00 200.00 2 Hourly Rale fur Bobcal873 inclUding operator. (Chipper) 92.12 184.24 SUBTOTAL SECTION I: 51,193.26 J Crape Myrtle, 25-galloOn Centract Rate Pine Ridge Road 250.00 75000 #064046 (Yellow Trumpet Tree-25gal., 8'-10'ht.). 8 Sabal Palm (1!T - 2lJ' eT) Foxtail Palms - 25 gal., 1lJ'ht 352.20 2,817.60 ( optional) TOTAL THANK YOU; WE APl'..REC;IATE YOUR BUSINESS PLEASE NOTE PAYMIf~"tRMS ON REVERSE SIDE /.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID ;;OO/~OO ~ XY~ L~LL LOO;;/;L/;;O II Commercial Land Maintenance Full Service Landscape Management 1611 ESTfMA Tfi..lo. ..,. I E1 001 065 3980 Exchiilnge ,Ave. . N~ple5, FL 341.04 Office: (239) 643.6205 . F.x: (239) 643.50l2 E.mafl: commland@8ol,com CUSTOMER NO BILL TO: CollieJ" County Dept of Transportation 2885 Horseshoe Drive South Naples, fL 34101 Met: LEL Y /634S99 2 Crepe Myrtle, 25-9allon Contract Rate Pine Ridge Road 350.00 700.00 #06-4046 (TIbouehina 'Purple Glory Tree' ~ 30-gal., 6'-10' ht Std.) 40 Dwarf Bougainvillea 'Helen Johnson' - 3 gal., full 19.51 780.40 45 Variegated Piltisporum, 3-gallon (Variegated Arbcricola 'Gold 17.34 780.30 Cappella' 3-9al., full) 20 Ilex Schellings, 3-9allon (Plumbago - 3 gal., full) 17.34 346.80 100 Liriope 'Evergreen Giant' - 1 gal., full, 75-Med.1fil. & 25-Med. 8.67 867.00 75 Mulch (Pine straw) Bales Lttlaor<. on \y / C.r~ fA> iJ.."S 5.42 406.50 0.25 Sod '51. Augustine' Sq. FI. 100 sq. fl. ,~^ }7r.l..,J 433.47 108.37 SUBTOTAL SECTION II: $7,556.97 TOTAL $B,734.47 THANK YOU' WE APPREr;;IATE YOUR BUSINESS PLEASE NOTE P.4YM~,.tRMS ON REVERSE SIDE 15% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID 7n(1 171"1 ('llOl ':-:"rI-l I I . ) I ) nr'l7/r:; l /7.0 '?J -i -i 0 0 m?J ?J > "U OOm?J>zOJOJ>z~~7~m"'O~Icr~m1Jz:E m CC >-i~)> -i?JCGl>C > ~~~gg~z~~~~ffi~~~~n~~~ rn~?J~~?JOOO<ZI?Jz~z~I~>?J mO-i-imdSmGl~~Gl~Gl> ~~> ~O?J?J ~r~~mmo>>~~ ?Jm~ oz>> ~>z"Uo z~> 00 ?Jmzz ~~-imImOOZ~ ~GlOO o-imm C oozmFoa-i~ m~~ o -i> z m~>?J~m~ -i < . o~ - Glm z ozm mmm ~ o1J ~ m m~"U>~ ~~?J Z 0?J 0 Z ozmz> ~r Gl r?J CO?Joroo > _ 00 m - ~fltfltflttAfltfltfltilltflt '" OO(J)OCII~ (JI...a.(1I c>>m2f.n(,J~bCD 88l;S88gg8 88888888 ... -~ 8 <0 o ...~ ~-:;;: <0'" :gal mos;;zm ~:tzgt5 gmO?J... ~?Jmmm ~ooom oo>-im - 1Jo :;1~~0~ ?JZmI >o-im O-?J?J -iom cm- >z~ r-iOJ ~c ... ...... N............ 1.> wu,Ot en 00 (11 .....,. (,J00100 ()) ~ (0 N (.0) 000 w ~ w ......w ... 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Q) a. cQ' ~ a=r;l g- &i ~~. ::::J-o 00 03' 00 Q co ~ Q1 !!!. - o Q ::r (1 ~~~ ~~~~~~~~~~~~~~~~ --< (1'O~ .Jlo..Jlo.~~N~2i "8-~~ ~8~ ~~~~~-g~!! 8 8i:l' ~8~' ~~al~2l~ ~ ~ ~ <0"'''' 'C>>oo ","'0 ...~o ~88 <It .... '" '" '" .... :.., en ~~~~Q~~~~~Q~~~~ ~ w .-~n w ~ ~ ~ ~ ~..~ N ~m~ o~.~w~~m~. 8 ~gw ....en<o"'~"'~<O - ~ C>> ~ocoo~mcoo 8. "g' '" :...g' :...:...",:...",:.., c.n 00 0) oo....a."'O~ 7 1 I. II. III. IV. V. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE March 12,2007,9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor AGENDA Roll Call Introduce new staff member Linda Sujevich Approval of Agenda Approval of February 12, 2007 Minutes Old Business: A. Partnership Proposal - Collier Soil and Water Conservation District B. Real Estate Services Update C. Contracts/Agreements D. Conflict of Interest E. Gawn Fishin' partnership proposal staff update F. Starnes property update VI. New Business 2 RECEIVED MAR IJ 2 2007 B~ COUllly CommisSioners ~> , --;7 <.-~ "~- .'. ~ A. Review of submitted applications to determine whether they meet criteria and goals B. Outstanding Advisory Committee Member Program C. Program General Report D. Subcommittee appointments VII. Subcommittee Meeting Reports A. Outreach - Tony Pires, Chair B. lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures - Will Kriz, Chair VIII. Chair Committee Member Comments IX. Public General Comments X. Staff Comments XI. Adjournment ****************************************************************************************************** Committee Members: Please notifv Alexandra Suleckl at 213-2961 no later than 5:00 C.m. on March 9. 2007 if you cannot attend this meetina. Mise Corrys I Date ~ \ J-~ ()i( Item # \" 1.. \ /><; \ ').... Cop,es to 1 6 ! 1 .'" J1 January 8, 2007 1 2 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE l',al8. ;~:~a~ng'~ C oyle_..k:::::,.. LET IT BE REMEMBERED, that the Conservation Collier Lantt1etta------ Naples, Florida, January 8, 2007 Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION at Administrative Building F, 3rd Floor Collier County Government Center, Naples, Florida, with the following members present: Chairman: Bill Poteet Michael Delate Marco Espinar Wayne Jenkins Kevin Kacer Will Kriz Tony Pires (absent) Stan Weiner Mimi Wolok i'.,se. '-"~' ,res: ALSO PRESENT: Alexandra Sulecki, Conservation Collier CoordinRf~i Cindy Erb, Sr. Property Acquisition Specialist Item # Christal Segura, Conservation Collier Land Manae~r,. Jennifer Belpedio, Assistant County Attorney ,.o,_slo ,<~." r '-'"" ' ~.., i ~ ".,,} 1','";",, ir,-:: ec"un<.:,s 1 6 I 1 January ~20]7 , I. Roll Call The meeting was called to order by Chairman Bill Poteet at 9:02 a.m. Roll call was taken and a quorum established. II. Approval of Agenda Mr. Kriz moved to approve the amended agenda. Second by Mr. Delate. Motion carries unanimously 8-0. III. Approval of December 11,2006 Minutes Mr. Jenkins moved to approve the minutes for December 11, 2006. Second by Mr. Weiner. Motion carries unanimously 8-0. IV. Old Business A. Reading of Memorandum of Voting Conflict Form 8-B - Mimi Wolok Mimi Wolok read her conflict of interest with properties owned by Glenda Beardsley (see attachment). B. Active Acquisition List recommendations - status Cindy Erb reported that the Beardsley parcel will go before the Board of County Commissioners tomorrow to determine which option they would like to pursue. Ms. Sulecki added that the Committee has been given a copy of the Executive Summary. Mr. Kriz and Mr. Poteet volunteered to attend the meeting with Ms. Sulecki; it will be notified as a meeting. C. Real Estate Services Update The report was given as part of the previous item. D. Contracts/Agreements No contracts or agreements. V. New Business A. Speaker - The Nature Conservancy Mike Izzarone spoke on what The Nature Conservancy docs. He personally supervises land acquisition with the State of Florida. He noted that other 2 1611 "1f , January lf~ool , Counties acquire large single properties and multi parcel property projects, just as Conservation Collier. He recommended that Conservation Collier continue locating willing sellers for the multi parcel projects and to purchase now because the prices have leveled off; noting that the prices will again start to increase. All of the programs the Nature Conservancy works with are willing seller programs. It is set up so that the program will not participate in a transaction that is over 100% of appraised value. The Nature Conservancy can work with Conservation Collier by recommending properties to appraise, and identify willing sellers. The Nature Conservancy is a 50 I-C3 charitable not for profit organization. The funding generally originates from County and State agreements, but fund raising is also a part. There are 22 employees for the State of Florida. Mike Izzarone agreed that TNC could bring their experience to Collier County by preparing a proposal that would reflect Conservation Collier Program policies and can do a short term contract, including task orders, for a specific area as they have the staff and capacity. Mike Izzarone agreed that he could ask Dr. Richard Hilsenbeck, staff ecolological expert to do a site analysis for Winchester Head which would also discuss multi-parcel projects and their importance at the landscape scale. B. Brochu Interim Management Plan Ms. Sulecki reviewed the "Conservation Collier Brochu Property Interim Management Plan" (see attachment) noting that this plan went before the Lands Evaluation and Management Subcommittee where revisions were made. Mr. Weiner moved to approve the "Conservation Collier Brochu Property Interim Management Plan". Second by Mr. Kriz. Motion carries unanimously 8-0. C. Recommendation for Committee Appointments Pam Mac'Kie, Marco Espinar, Michael Delate, and Mimi Wolok were the four applicants (see attachments). Mr. Kriz moved to recommend a list with the order of preference being the three incumbents first with Pam Mac'Kie as the fourth. Second by Mr. Jenkins. Mr. Delate offered to be number three on the list. Motion carries unanimously 8-0. 3 .., ~ ;? ~, i 1, A 7 , January 8, 2007 D. Outstanding Advisory Committee Member Program Ms. Sulecki distributed the nomination for Bill Poteet. Mr. Espinar nominated Bill Poteet as Mike Delate has for Outstanding Committee Member. Second by Mr. Kriz. Motion carries unanimously 8-0. VI. Subcommittee Meeting Reports A. Outreach - Tony Pires, Chair A meeting will occur after this one. B. Lands Evaluation and Management - Marco Espinar, Chair The next meeting will be on the 19th to follow up on the Railhead Scrub Preserve Management Plan. C. Ordinance Policy and Procedures - Will Kriz, Chair A meeting will be scheduled shortly. VII. Chair Committee Member Comments Bill Poteet thanked the Committee for the nomination. VIII. Public General Comments None IX. Staff Comments Cindy Erb mentioned that the Committee Member parking has switched to the opposite side of where it used to be. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:44 a.m. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE 4 16 1 lA '1 2anuary 8, 2007 Chairman Bill Poteet 5 1611 Conservation Collier Brochu Property Interim Management Plan DRAFT Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 October 2006 (Revised November 2(06) A12 I October 20061Rcvi\-,-(lN'l~QIl!}el 2()12!>} Conservation Collier Brochu bllerim Mal1({gcrncnt Plan 1611 A12 Table of Contents 1.0 Purpose and Scopc of thc Intcrim Managemcnt Plan 3 2.0 Managcment Authority and Responsibilities 3 3.0 Intcrim Site Plan ........................ 3.1 Location and Site Dcscription .............. 3.2 Signagc........................... 3.3 Easements, Conccssions or Lcases ......... 3.4 Structures..................................... 3.5 Surrounding and Adjacent Land Uses......... 3 3 " ., 4 4 ......... .4 4.0 Interim Management Objectivcs .................................................... 4 4.1 Natural Rcsource Protection................................................. 4 4.2 Site Security........................ ........................................... 5 4.3 Exotic Vegctation Removal and Maintcnance Plan........................ 5 4.4 Dcbris Removal................................................................ 5 4.5 Cultural, Historical and Archaeological Resource Protection............ 6 4.6 ListcdSpecicsProtcction............. .................................... 6 4.7 Public Access.................................................................... 6 4.8 Sitc Monitoring and Long Term Managemcnt Plan.................. 6 4.9 Partnerships..................................................................... 7 5.0 Exhibits................................................ .................................. 8 EXHIBIT 1: Location Map EXHIBIT 2: Acrial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implemcntation Tirneline 2 October 2006.(Rey.i;!,(;(.j_!V(l1'i~",I'fcL 20Q!2) 'A " Consen1ation Collier BrochJ1 Interirn Managemel1t Plal1 1? -. 1.0 Purpose and Scope of the Interim Management Plan Thc Brochu property was purchased by Collicr County in August 2006 with funds from the Conscrvation Collier program. The property will bc managcd for conscrvation, protection, enbancement of natural rcsourccs and for public outdoor recrcation that will bc compatible with thc conservation, protection and cnhanccmcnt of the sitc and thc sunounding lands. This Interim Managemcnt Plan is intendcd to identify the kcy management priori tics and issues within the site and give direction for managemcnt for the next two years. This document is mcant to bc the precursor to a Final Managcment Plan, which will outlinc more specific aspccts of site management. Kev Interim Managemcnt Obiectives 1. Protect, manage and restore (as appropriate) thc nativc habitat on site 2. Takc appropriate steps to open the site for public access 3. Explorc opportunities for partnerships 4. Dcvclsm.McmoranduTn2fAgrcc[l1cnt (MOA) with Collicr County Watcr.Scwcr District Action Plan la. Install temporary Conservation Land signs and/or No Dumping I No Trespassing signs along propcrty boundaries. lb. Trcat, monitor, and manage invasive exotic vegetation. 2a. GBeft1ifHJ1%--Dcterrnine location of future parking area creation withi.!l Water-Sewer District cascmcnt. 2b. Creatc Dctcrminc location of futurc primitivc trail systcm running off of parking arcac 2c. I+lsHtlJ-Evaluatc nced for picnic table, benches, garbage cans and interpretive signage along traiL 2d. Scnd copy o(Bcochulntcrim M,tnagcmcnt Plan to adioining propcrtv owncrs. L~Discuss possibility of future fire management partnerships with Cork:;crew S',1dlmp -.-----SimctuaryNational Audubon Society (owner of Corkscrew Swamp Sanctuary) Society and Florida Department of Forestry. 4. Write and execute a formal Memorandum of Agrcement (MOA) for cooperativc land managemcnt actions with thc Water.Sewer District eascment. 2.0 Management Authority and Responsibilities The Collier County Environmental Scrvices Department (ESD) will be responsible for managing the Brochu property, but will seek to obtain grants for management activities. ESD will coordinate with the Collier County Water.Sewer District on management issues associated with the utility casement on the property. 3.0 Interim Site Plan 3 Octoher 2006 (Revi.lclljv.!JY(:lllj)CL 20()Pj -'1 '1 , ; ~ Conservatiol1 Collier Brodhu Interim Management Plan A 1 ~ 3.1 Location and Site Description The lO.OO acre Brochu propcrty is to the cast of Sanctuary Lane, adjacent to Immokalcc Road on the south and adjacent to Limpkin Road on thc north, in Section 23, Township 47 S, Range 27 E. The wcstern half of the property consists of pinc f1atwoods, and the castem half of the propcrty consists of pine flatwoods and frcshwater marsh with shrubs, brush and VInes. 3.2 Signage Temporary signs identifying the property as Collicr County Conservation Land will bc posted at thc southem boundary of the site facing Immokalec Road and possibly along the northcrn boundary facing Limpkin Road. Temporary No Trespassing I No Dumping signs may also bc posted along the northern boundary. 3.3 Easements, Concessions or Leases A 100' X 150' Collier County Water-Sewer District utility easement exists over the northwcst corner of thc propcrty. (See Exhibit 2). A test well will be drilled and a path to the well will be cleared on thc easemcnt. PCI' the Collier County Board of County Commissioners, the Water-Sewer District will provide site improvcments on the casement commcnsurate with its own needs and will allow for sharcd puhlic parking access with thc Conservation Collier portion of the property. Exotics, trash, and dcbris on the easement will be removcd in coordination with thc removals donc on thc Conservation Collier portion of the propcrty. Finally, any codc required landscaping on the easement will be accomplished with sitc appropriate native plant species. No other easements, concessions or leascs exist on the parccl or arc proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures There are no structures on the property. ~3.5 -Surrounding and Adjacent Land Uses The Brochu property is directly adjacent to Limpkin Road to the north and Immokalee Road to the south. Immediately east and west of thc property lie undeveloped agriculturally zoned lands. Corkscrew Swamp Sanctuary is approximately one mile to the west. Scattered singlc family, developed lots exist in the lands that sunound the property. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Vegetation: Ground Covcr: Pine tlatwoods - redroot (Lachnanthes carolin;ana). hat pins (Er;ocaulon decangulare), candyroot (polygala l1ana), rosemary (Cerat;ola erico;des), muhly grass (Muhlenbergia capillaris), black root (Pterocaulol1 pychl1ostach;um), paw paw (Asimina spp.), St. John's wort (Hypericum spp.), running oak (Quercus ellioll;i), yellow eyed grass (Xyr;s spp.), rattlesnake master (Eryngium yuccifolium), swamp fcm (Blechnum serrulatum), bushy broom grass (Andropogol1 glomeratus), southem shield 4 16 · T " ,.i 12 I October 2006_(H~~yisciUYQxcnl.lz.f.L.?J)QQ} Conservation Collier Brochu Interim Management Plan fern (Dryopteris ludoviciana). Freshwater Marsh with shrubs, brushes and vines - rcdroot (Lachnanthes caroliniana), St. John's wort (Hypericum spp.), pepper vine (Ampelopsis arborea), white vinc (Sarcostemma clausum), button-weed (Diodia virginiana), water hyssop (Bacopa spp.), musky mint (Hyptis alata), marsh fleabanc (Pluchea msea), water lily (Nymphaea odorata), hempvine (Mikania scandens), smartweed (Polygonum spp.), arrowhead (Sagittaria spp.), chocolate-weed (Melochia corchorifolia) Midstory: Pine flatwoods - saw palmetto (Serenoa repens), rusty lyonia (Lyonia ferruginea), wax myrtle (Myrica cerifera), myrsine (Rapanea punctata), gallberry (!lex glabra). Freshwater Marsh with shrubs, hrushes and vines - primrose willow (Ludwigia spp.), buttonbush (Cephalanthus occidentalis) Canopy: Pine flatwoods - slash pine (Pinus elliottii), occa;;ionttl--Iaurel oak (Quercus laurifolia), red maple (Acer rubrum) and bay (Persea spp.). Freshwater Marsh with shrubs, brushes and vines - These trees were along the cdges. The marsh had no canopy trees: melaleuca (Melaleuca quinquenervia), slash pine (Pinus elliottii), red maple (Acer rubrum) Unique Natural Features: The pine flatwoods on site are of high quality, containing few invasive, exotic plants. Listed Plant Species Listed plant specics found on the property include stiff-leaved wild pine (Tillandsia fasciculata) and reflcxed wild pine (Tillandsia balbisiana). Possible Listed Wildlife Species: Although no listed wildlife has been observed on site, the property is within the Corkscrew Swamp Sanctuary Wood Stork Core Foraging Area, located approximately 2 miles from a documented wood stork rookery. Other listed wading bird species would most likely utilize the small marsh area as well. The property is within Priority 2 Florida panther (Felis con color coryii) habitat; however, the closest panther telemetry point is over I mile away to the northcast. 4.2 Site Security Security shall be provided by the Collier County Sheriff's Office via routine patrols in the area. A sign will be posted at the trail entrance denoting the times the property will be open for public access. 4.3 Exotic Vegetation Removal and Maintenance Plan ESD staff will contract out any necessary exotic vegetation removal and maintenance using Conservation Collier management funds. The low exotic plant density on site does not wan-ant applying for grant funding to aid in removal. Invasive, exotic plants present include Brazilian pepper (Schinus terebinthifolius), java plum (Szygium cumini), earleaf acacia (Acacia auriculiformis), melaleuca (Melaleuca 5 1611 A12 I October 2006UiLI'~I(~(l..N(}.I'i!IILI2e.C.?()()tj) Conservation Collier Brochu Interim Managerneut Plan quil1quenervia) and tropical almond (Terl11inaliu catappa). Because there arc only scattered areas of low density exotic plants, the plants will be treatcd in place with an appropriate herbicide. All melaleuca will bc treatcd by girdling prior to hcrbicide application. 4.4 Debris Removal The Sheriff's Community Service Wcekender Crew will remove solid waste and litter from the property. lfclgcrncd .Dccc~sary,__"No l}c4umping': signs and a fencc may nccd to bc installed along the n0l1hern propeJ1y line to detcr further dumping. Routine trash removal and trail maintenance can he accomplished using Sheriff Weekender, contracted, and volunteer labor. 4.5 Cultural, Historical and Archeological Resource Protection The Brochu property is not within an area of historical and archaeological probability, and no historical or archaeological sites appcar to be present on the property. The County will notify the Division of Historical Rcsources immediately if evidence is found to suggcst any archaeological or historic resources are discovered. If such resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prcpare a report outlining results of the assessmcnts and issue recommcndations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperatc fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical rcsources. The management of thcse resourccs will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.0612 (a) and (b). 4.6 Listed Species Protection ESD staff will evaluate needs for protection if any listed species are found on the property. 4.7 Public Access The creation location of a public parking area on the northwest comer utility easement will be coordiRated dctennined in coordinatioD..with the Water-Sewer District. The possibility of crcating a pcrmeablc parking area will he explored. Although thc parking arca may not bc created durin" the timcfrarncHl whicb.Jhis interim mana"cment plan is in cffecL~ the location of a parking area hac; heen es-litl*i~l, ESD ,;laff will de:ermine final the trail dimensions and placement will be delernuncd in accordancc with the proposed location of the parking area. Thc trail will bc a simplc cleared area approximatcly five fect widc containin~ no mulch. ESD_staIT ".ill ohtain anv vcgctatioQ clearin~ permits that mav bc required for trail creation.,-A-"IlBH-H'Ht',,,,,'ith an +\mefi&afl..f)H;ahi li:ie:; ,\t'l-fAflAf at~~f1.j.Hfl-wi1l be constructed u:;ing a eombinatioR of contract and volunteer...J.ilBHFo ESD :;tatl will obtain any yc;;etation c10aring pernd:; that may he reqUircd for trail CrcutiOlL If mulch i:; nece:;r.;ary for thc non AD,A. portion:; of the trail, melaloucu muleh .../ill be u:;ed. ,A. picniHoole, bencRe:;. tfll,;hlrecycI1l1~'~lflEl-tmefJ*t*i\C allCb'oFf'litH1-i<Aetlt+l'ttalitHt signs will he installed along the trail once it i.; com~Bccause thc amount of public visit!ltion to thc site is unknown"milltjc amcnities such as piCjlic tablcs, henches and 6 Oc t obe r 2 OOG _(8_<:.}:is.c;d_Ng1l.eJ.lJb.(;r_~Q()(!) 1. 6 11 A Conservation Collier Bro~hl 2 Interim Management Plan w~h_<lg,- call1?..\Y(UQ<2...LustalkfLiUuturCjJJ.!blic l~'.c..()J the l'ite appears to warrant such 'amenities. Until standards can be spccifically designed for conservation lands, public access for Conservation Collier properties wi II be managed by the same standards as set forth within Collier County Ordinance # 76.48, as amended, which regulates the use of County parks. 4.8 Site Monitoring and Long Term Management Plan Monitoring of the site will consist of trash removal, trail up-kcep, and invasive exotic vegetation re.treatment. ESD shall be responsible for propcrty maintenance with tasks contracted out as necessary and managemcnt partnerships sought with neighboring agencies. The site will be monitored for exotic vegetation re-growth semi-annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. 4.9 Partnerships ESD staff will seek out and evaluate potential for partnerships for conscrvation, protection, and education. Although fire management will not be addressed during the initial two years of ownership of this property, future fire management (or some form of fire substitute) will be necessary in the near future. ESD staff will contact National Cork:;crcw Swamp Sanctuary Audubon Societv and FL Department of Forestry to seek partnership opportunities for fire management of this property. 7 Oct obI' r 2 ()06..{8e\!~"AlYQl'e.ltll'!,,~2Q!)0) 5.0 Exhibits EXHIBIT 1: Location Map 1611 COllsen'atioll Collier Brochu Interim Mallagemellt Plan ["- Conservation Collier Brochu Location Map PURPLE- MARTI OR RABB IT RUN RD I \ , \ ~ ~,,~-~ o 500 1,000 Feet < o " , " ~ c u :? LlMf>V,lrJ RD 3 ~ " u " ~ " o u Data Source: Parc:els. Collier County Property A,praiser Created By: GIS \ COES \ Environmental Services G:\ConservatiOh Collier 2002\ ISCRI 3rdc:ycle\Bl'OchIl1.mxd G:\Conservation Collier 2002\ ISCR\ JrdeYl:lelBrochu1Jpg Date; 8.12.05 rn w~rB , IMMOkAL E RD r'AFFODIL CT PMJTERALN Legend - Brochu Collier County Roads C Brochu Folio Numbers: 00095520003; 00095480004 8 Collier County A 1 " .16/1 fI ~ .' .' ., , 1.._, Octo be r 20061&cI:'i",,c{LfIl.Qyc1.ld2fE.f,(}()Q). - Conservation Collier Brochu Interim MClIlaf!,ement Plan EXHIBIT 2: Aerial Map Conservation Collier Brochu Aerial Folio Numbers: 00095520003; 00095480004 Legend - Brochu " ,,+, Collier County Roads Brochu , o I 75 I 150 Feet Collier County Water-Sewer District Utility Easement Data Source: Parcels and 2006 aerials - Collier County Property Appraiser Created By: GIS \ CDES \ Environmental Services G:\Conservatlon ColII.rlm apslacqulredl8rochulBrochuaer.mxd G:\Conservatlon C olllerlm aps lacqulredlBrochulBrochuaer .Jpg Date: 10.16.06 cii~;~ter County 9 Oct obe ,. 2 006{&"L\('{'-N.fJ.~Qli!Jer.2J)(JQl EXHIBIT 3: Estimated Cost Tablc Management Element Exotics Control Parking Facilit), Access Primitive Trails Al}A trail section I Signs Table,beacnes,. trash am Trash Removal Total Initial Cost $ 20,000 $16,000 t $B,SOO $16,SOOt.b.d. $600 $3,SOO $0 $70,10026,000 Annual Recurring Costs $1,000-$4,500 annually t.b.d t.b.d. n1a fila t,b.d t.b.d 10 16 '1 A Conservation Collier Brochu Interim Managcmel/tl'lan .., """. 1 L_ Comments Estimated initial removal $2,000/acre lHaintenanee costs unknowa at tbis time Trail 2,700 feet @ $5 (estimated) per foot ADA trail section approx. 500 feet @ $33 (estimated) perfoot. 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'-::oletta ....p......_.....____ Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners ~, i0 From: Alexandra Sulecki, Conservation Collier Program Coordinator Date: March 13,2007 Subject: Transmittal of approved Minutes and referenced attachments from February 8,2007 Conservation Collier Land Acquisition Advisory Committee Meeting Please find attached the following: . Approved Minutes from the February 8, 2007 Conservation Collier Land Acquisition Advisory Committee Meeting . Referenced attachments o BCC Approved Active Acquisition List o Copy ofletter from Collier Soil and Water Conservation District to Board of County Commissioners dated January 19,2007 o Devisse parcel presentation o Legaspi parcel presentation o Munson parcel presentation o O'Neill parcel presentation o Gallagher parcel presentation o Regalado parcel presentation Please call me at 213-2961 if you have questions. Environmental Services Department Community Development & Environmental Services Division J' February 12, 2007 AJ2 MINUTES OF THE MEETING OF THE CONSERV A nON COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, February 12, 2007 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION at Administrative Building F, 3rd Floor Collier County Government Center, Naples, Florida, with the following members present: Chairman: Bill Poteet Michael Delate Marco Espinar Wayne Jenkins Kevin Kacer (absent) Will Kriz Tony Pires Stan Weiner Mimi Wolok ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Sf. Property Acquisition Specialist Christal Segura, Conservation Collier Land Manager Jennifer Belpedio, Assistant County Attorney I 76 J. I; Februar; 1'12007 ... .1..' ~- I. Roll Call The meeting was called to order by Chairman Bill Poteet at 9:00 a.m. Roll call was taken and a quorum established. II. Welcome to appointed Committee members Bill Poteet welcomed the reappointed Committee Members. III. Election of Committee Chair and Vice Chair Marco Espinar joined the meeting at 9:02 a.m. Mr. Pires nominated Bill Poteet for Chairman. Second by Ms. Wolok. Mr. Espinar nominated Will Kriz for Chairman. Second by Mr. Delate. Wayne Jenkins joined the meeting at 9:03 a.m. Mr. Pires moved to close nominations. Second by Mr. Weiner. A vote was taken with 6 Committee Members for Bill Poteet and 1 for Will Kriz. Ms. Wolok nominated Michael Delate for Vice Chairman. Second by Mr. Espinar. Mr. Delate nominated Will Kriz for Vice Chairman. Second by Mr. Pires. Mr. Espinar moved to close nominations. Second by Mr. Pires. Motion carries unanimously 8-0. A vote was taken with 3 Committee Members for Michael Delate and 5 for Will Kriz. IV. Approval of Agenda Ms. Sulecki noted that the agenda has been revised. Mr. Jenkins moved to approve the revised agenda. Second by Mr. Kriz. Motion carries unanimously 8-0. V. Approval of January 8, 2007 Minutes Mr. Weiner moved to approve the minntes for January 8, 2007. Second by Mr. Delate. Ms. Wolok noted that under line item "Y. New Business, A. Speaker" Mike Izzarone had committed to do a few different things. She requested that it be included in the minutes. Ms. Sulecki replied that she believed that the commitment was to have someone on his staff evaluate Winchester Head and write a letter. 2 . ~ t. ~.' 7 , il . , ~ February 12, 2007 Ms. Sulecki noted that line item "IV. Old Business, C. Real Estate Services Update" shows no report. There was a report given it just fell under the previous line item. Motion carries unanimously 8-0. Mr. Camp was recognized; he is now the Director to whom Conservation Collier staff report. VI. Old Business A. Real Estate Services Update Ms. Erb gave an update on the following properties: Beardslev - The Board of County Commissioners directed to close at the previously agreed price or to terminate the contract. The contract was terminated. Cvcle 4 - All 12 property owners are still interested. B. Contractsl Agreements Ms. Sulecki met with Judge Starnes, South Florida Water Management, CREW staff, County Real Estate Services staff, and County Attorney staff to discuss the cattle lease. Judge Starnes offered a conservation easement on his property. It was brought out that this could be a less expensive way to go, but the easement would only be on Judge Starnes undivided half interest in the property. It could complicate the deal, the County would not be able to get mitigation credits, and it could preclude grants. Open discussion ensued on the benefits and disadvantages of going with an easement on the Starnes property as opposed to outright purchase, including how to handle the cattle ranching. Mr. Kriz moved to recommend that the acquisition be fee simple. Second by Mr. Jenkins. Mr. Kriz amended his motion to include no reservation of grazing rights with an opportunity to continue cattle grazing on the basis of an annual lease that could be terminated at any time. Mr. Jenkins amended his second. Discussion ensued on cattle ranching rights. Mr. Kris amended his motion to eliminate a year to year lease to be sometbing negotiated between the County and Lessee after the 3 '7, r: '. t.! . "'" J.,'l.J, 7 11_ Februa~ 12, 2007 ' .""'1 f acquisition. Mr. Jenkins amended his second. Motion carries 6-2 with Ms. Wolok and Mr. Weiner opposed. C. Staff Report - Status of AAL Ms. Sulecki demonstrated the "BCC Approved Active Acquisition List" (see attachment). D. The Nature Conservancy (TNC) assistance with multi-parcel projects Ms. Sulecki reported that The Nature Conservancy is standing by to see what direction the Board of County Commissioners will take with Winchester Head. Ms. Wolok suggested a sub-committee to discuss multi parcel projects. Ms. Sulecki has requested a letter from the Nature Conservancy to be sent to the Board of County Commissioners about the Winchester head multi parcel project. VII. New Business A. Partnership Proposal- Collier Soil and Water Conservation District Ms. Sulecki mentioned that a letter was received from the Collier Soil and Water Conservation District to the Board of County Commissioners (see attachment). She feels that Conservation Collier could partner with the Collier Soil and Water Conservation District. She suggested holding a workshop. Open discussion ensued on the pros and cons of having a workshop. It was requested to have more information on the future plans of Collier Soil and Water Conservation District. Committee Members expressed displeasure with the letter. Mr. Pires moved to have a workshop with Collier Soil and Water Conservation District. Second by Mr. Kriz. Mr. Weiner noted that Mr. Ramsey resigned four days after he wrote the subject letter. Soil and Water does not get tax funds, so their ability to purchase lands is extremely limited. Mr. Pires requested that both groups have their goals and intentions laid out for the workshop. Motion carries 6-2 witb Mr. Espinar and Mr. Delate opposed. 4 Fe~aryI12,~200~ 1 2 B. Review of submitted applications to determine whether they meet criteria and goals 1. Devisse - 5 acres in S24, T48, R25, North of Immokalee Rd, at northern terminus of Euclid Ave. surrounded by the De la Sol community. Ms. Sulecki reviewed the location and standing ofthe property (see attachment). She noted that the seller is willing to sell below market value. Amanda Townsend, Public Services Division noted that on an adjacent property the County will be building a park. Mr. Pires moved to continue looking at this parcel for acquisition. Second by Ms. Wolok. Motion carries unanimously 8-0. 2. Legaspi - 2.73 acres - NGGE Unite 47 Ms. Sulecki reviewed the location and standing of the property (see attachment). Ms. Wolok moved to not move forward with this property. Second by Mr. Pires. Ms. Wolok gave the reasons for not moving forward with the property as is does not move the goals of the Committee forward, it is isolated and it would be part of a multi parcel project. Motion carries unanimously 8-0. 3. Munson - 1.59 acres - NGGE Unite 37 Ms. Sulecki reviewed the location and standing of the property (see attachment). Mr. Jenkins mentioned that the parcel is isolated; he does not see an advantage to acquisition and therefore moved not to proceed. Second by Ms. Wolok. Motion carries unanimously 8-0. 4. O'Neill- 1.04 acres - south ofI-75 at the SR 9511Davis Blvd. exit off Benfield Rd. Ms. Sulecki reviewed the location and standing of the property (see attachment). 5 rr; .' " ,J" February 12, 2007 Mr. Pires moved to move forward to further discuss this parcel for acquisition. Due to a lack of a second the motion was not considered. Mr. Kriz moved for no further consideration. Second by Mr. Jenkins. Motion carries 7-1 with Mr. Pires opposed. 5. Gallagher - 3.44 acres - in the Gulf of Mexico at south end of Keewaydin Island Ms. Sulecki reviewed the location and standing of the property (see attachment). Ms. Wolok moved to not consider this property any further. Second by Mr. Pires. Motion carries unanimously 8-0. 6. Regalado - 2.81 acres in NGGE Unit 91 - near 1-75 properties and Naithloriendun Ms. Sulecki reviewed the location and standing ofthe property (see attachment). Mr. Weiner moved not to consider the property any more. Second by Mr. Kriz. Mr. Poteet brought out that the Transportation Department is still pushing to have an interchange within the area therefore properties will escalate in price and commercial will be pushed to grow in the area. Motion carries 5-3 with Mr. Pires, Mr. Poteet and Ms. Wolok opposed. 7. Gore - 4 parcels totaling 17.78 acres in NGGE Unit 91A along 1-75 Ms. Sulecki reviewed the location and standing of the property (see attachment). Ms. Wolok moved to keep the property on the list to continue discussion. Second by Mr. Pires. Motion carries unanimously 8-0. C. Trihn parcel application -late addition to McIlvane marsh Project Ms. Sulecki demonstrated the location of the property as part ofthe Mcllvane Marsh area. 6 j .... ,~ $ 16/7 A Februaryi2,2007 I J? Mr. Espinar moved to add the parcel to the existing list. Second by Ms. Wolok. Motion carries 7-1 with Mr. Delate opposed. D. Gawn Fishin - Query as to Conservation Collier interest in partnering with Park and Recreation Dept. Ms. Sulecki mentioned that the property has an estimated value of $13,500,000.00; it is listed for $18,000,000.00. Parks and Recreation have expressed interest. The Committee requested more information on the situation of the property. Ms. Wolok moved to consider further for discussion purposes. Second by Mr. Poteet. Motion carries 6-1 with Mr. Pires opposed and Mr. Delate abstaining. E. Outstanding Advisory Committee Member Program Bill Poteet was elected as an Outstanding Advisory Committee Member. F. Program General Report Ms. Sulecki reviewed Executive Summary "Recommendation to adopt a County ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: Not to Exceed $300.00). She reported that their office is moving to 3301 Tamiami Trial E, Building W.; the new telephone number will be 430-5486. She also announced that Otter Mound Preserve will open March 7'h. It will be noticed as a meeting so that Committee Members can attend. Christal Segura mentioned that exotics were treated on the Nancy Payton Preserve. A controlled bum is being set up. Eight gopher tortoise bun-ows were located. Seven species of woodpecker have been seen on the site along with a bob cat. Wet Woods Preserve and Logan Woods Preserve should soon have the exotics removed. G. Subcommittee appointments The following is a list of the appointment: Outreach Mr. Pires Mr. Poteet Mr. Weiner 7 .' 11' February 12, 200~' 1 :2 Lands Evaluation and Management Mr. Jenkins Mr. Espinar Mr. Delate Ordinance Policv and Procedures Ms. Wolok Mr. Kriz Mr. Poteet Ms. Wolok nominated Mr. Kacer to join the Ordinance Policy and Procedures Subcommittee. VIII. Subcommittee meeting reports A. Outreach - Tony Pires, Chair There will be a meeting after this meeting. B. Lands Evaluation and Management - Marco Espinar, Chair The Final Draft of the Railhead Preserve was reviewed. The next meeting will be on March I" at 9:00 a.m. C. Ordinance Policy and Procedures - Will Kriz, Chair A meeting time and date will be set. IX. Chair Committee Member Comments None X. Public General Comments None XI. Staff Comments None There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 10:44 a.m. 8 1. 6 ! 1 -. .~ February 12, 2007 CONSERV ATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet These Minutes approved by the Board/Committee on as presented or as amended 9 ., , 1 Ja2ry 23A07 1 ,') Cycle 4 BCC Approved Active Acquisition List Priority Designatiun for EstimaledValueper "A"Category Name Estimated Value Size (ac) acre List Category Properties Hamilton $1,500,000 194 $7,732 A 1 Karen $900,000 0.68 $1,323,529 A 1 MdlvaIle Marsh Cain $940,000 40 $23,500 A I Connolly Trust $630,000 70 $9,000 A 1 Predmore/Rivers $215,000 19.54 $11,003 A I Price $215,000 20 S10,750 A 1+ RJSLLC $408,000 51.02 $7,997 A 1 Scherer $720,oon 80 $9,000 A 1 West $40,000 2.02 $19,802 A 1 Oettinle S171,OOO 2.28 $75,000 , 1 RRlandTrust $9,000,000 60 $150,000 A I Starnes $3,610,000 367.7 $9,818 A I Winchester Head $3.339,600 132 $25,300 No final decision-Continued 1 Fleischmann Norlh-13acres $2,000,000 13 5153,846 A - m;Ii88,OOO 1039.24 earnn Keais Strand Bortnick $10,000 5 $2,000 B Campbell $10,000 5 $2,000 B Oarb~'Tr $10,000 5 $2,000 B Oiekow $90,000 75 $1,200 B DindaM'alsh $10,000 5 52,000 B Freeman $10,000 5 $2,000 B Griffin $10,000 5 $2,000 B Hamilton $9,550 4.77 $2,002 B VlcSwain $\0,000 5 $2,000 B Rudol"h $18,000 10 $],800 B Schaab $5,000 2.5 $2,000 B Street 55,000 2.5 $2,000 B Tucker $20,000 10 $2,000 B \Vinebrenner $10,000 5 $2,000 B I.7SPronerties ALVI LLC $261,000 6.7 S38,955 B Argay $270,000 7.05 $38,298 B Arias 5322,000 6.94 $46,398 B Ayra 5]47,000 3.]8 $46,226 B )'ernandez $]75,000 3.35 $52,239 B Vlohabir $260,000 6.7 S38,806 B Velez 5260,000 6.76 $38,462 B Kirby S90,000 I 590,000 B Murphy $]90,000 1 5190,000 B Red Map]e Swamp Presel'Ye (NGGE Unit 53) $10,605,000 176.75 $60,000 B . S.bIolal $1],807,556 ...... Abercia 51,144,102 . $127,122 C Blake $167,000 4.77 $35,010 C Campbell (4 TORs) 586,000 4.77 $18,029 C Naniff-2 5650,000 21.88 $29,707 C Peters (Consel'Yation Easement) $86,240 5 $17,248 C S.bIolal $98~~40 36.42 Total $37,485,390 1439.86 - IJ'"~.- Elected Board of Supervisors Michael R. Ramsey Chairman Stan Weiner, P.E Vice~Chairman Dennis Vasey Secretary I Treasurer John Cochrane Supervisor Michael Simonik Supervisor 1611 ... ") Collier Soil & Water Conservation District January 19,2007 RtCtlVco The Honorable James N. Colella Board of County Commissioners, Collier County 3301 E Tamiami Trail Naples, FL 34112 JanuarY 17, 2007 ;. ";-.";, ('. RE: Flooding in the North Golden Gate Estates (NGGE) and possible solutions Dear Chairman Coletta, As you know, the Collier Soil and Water Conservation District (CSWCD) has an active interest to protect the water quality and water availability within the watershed areas of Collier County, and due to our statutory obligations, also to manage the disposition of its flood waters. In our endeavor to devise a workable solution that will assist the residents ofNGGE we want to explain our assessment of the issues, explain how some of the current county government decisions can derail flood control progress, and also to outline our design intentions of the evolving storm water control project, the Nanowetlands Mitigation Bank Master Plan: The Problems a) The NGGE subdivision was established without regard to storm water control considerations. b) The drainage system does not have the capacity to handle existing storm waters. c) Continued construction in the area contributes to the already unacceptable flooding. d) Easy solutions do not exist because the layout of the drainage system lacks the flexibility to acconunodate the additional storm waters. Inter-A2encv Cooperation & TDR Lands CSWCD believes that to find a "workable solution" for efficient storm water management there must be a shared focus between and among agencies that are planning and operating storm water systems in the county. With regard to our flood control plan, CSWCD expects that, although we are in the early stages of anatysis, the North Belle Meade Sending Area lands could possibly assist by offering a component of the storm water solution if its utilization can be coordinated with related county, state and federal efforts. Such lands, if incorporated into our Nanowetlands Mitigation Bank, will provide storm water retention, enhanced water quality, aquifer recharge and other tangible benefits. 14700 Immokalee Road Naples. Florida 34120 www.collierswcd.org (239) 455-4100 '1',4-12 . . , .-...,,- TbCI Hononbla JDCI N Coletta 01.19.07 Pose 2 We have aJready submitted a draft copy of our North Belle Meade Sending Area (NBMSA) General Management Plan (attached) to the NallI1'81 Resources and Growth Management departments for review. In our draft, CSWCD expressed the desiIe to participate in the Transfer of Development Rights (fOR) program and to 'receive and manage' conveyed 1ands. We anxiously await its approval as these TOR 1ands fonn an integml part of our habitat restoration and flood control programs now being designed. Winchester Head & Horsenen Strand The remaining lWlior natural resource areas in NGGE are Horsepen Strand and Winchester Head. However, other local wetland areas do exist and should also be utilized to the fullest possible e><lent to manage stann water. During our investigation of utilizing the natural wetlands in the Winchester Head area as a component of possible solutions to the flooding, CSWCD discovered that some of these lands are either under consideration to be purchased or have already been procured by Conservation Collier. Although Ordinance ZOO2-63 gives direction to ... . fInd, purchase, preserve and manage environmen1ally sensitive 1ands...," Section 4, ilem 3. specifically gives direction to acquiIe ....1ands that serve to recbarge the county's aquifers and protect its wetlands and surface wa1er resources to ensure the delivery of clean and plentiful water supplies and provide flood control." A3 observed by their past decisions, Conservation Collier's inteIpremtion and implementation of Ordinance 2002-63 indicates that they do not want their acquired properties to be utilized in a .multiple JlUIPOSe. scheme with other departments and/or agencies and, as outlined in ten of their Interim Management Plans, they ,w....., .v.diclt 0". ~L) J Ii~J _" .,. ..,. d&lIlIl JIl!..~ tII& hi r ~ !lIdf, _~!IIdlPtlll'1bli.tlltI11alodo 10: That being the case, it appears that properties purchased by Conservation Collier will be a hindrance to stonn water management solutions and their acquisition activity will warl< as a detriment to resolving stonn waler flooding in the NGGE and other areas. Removinl! One ImDediment Brimm Us One SteD Closer to a Solution Uuless their land-use policies are revised to allow inclusion in state!county-<:oordinated stonn water abatement projects, CSWCD requests that the prohibition currently in place for Conservatioo Collier continue and that a revision to the ordinance be considered that permanently prohibits them from purchasing properties in the NGGE area that could be utilized for stann water management solutions. The remaining natural resources in the NGGE area are extremely valuable to the needs of the community and should be utilized to the fullest extent possible by agencies/departments that will coordinate together in a comprehensive and concerted multiple-use fashion. COp Y Attachment: Draft North Belle Meade Sending Area (NBMSA) General Management Plan Devisse Property Location Land Cover and Soils i J. .- ,~. Ec't'-; ; Species Richness - .---.-..- ..-........- ~#=~;~i~~;=~'~:~~~:~ I 1611 ;, :] .... ~ Close-up aerial Water Resources .__.....-........-~_...-..-. w._._..___".__ W.'W."_"__'_~"' =.':7;t"-_...~----_. Photos c~ A.'? I J" Photos ~ : . ,. \ ~ \ 4\ , Y , . ' ~ , ., I ~~ f\fJ' ",Ill 2 Legaspi Property Location ....--.......-...-.,- ..101" ------ .----- ::=;==:::::::..--- Land Cover and Soils .~"--r-r- i , I I I I I j 1__- -_._-~-- ----- ------ ------~ ,CL. \, -f-- -_._--- -"--- _.~_._._.- _______~_'__M Species Richness --"---- --"-- M__M___ -------. w._,_"_"'~"_ _______. W._~_,,_,____ ____..W___"__ .... ..-,.. J , C "Ill , '''''<> i...... ~ Close~up aerial ........"...-"-...-,.........- ri.J~-l_ \r~~ .+ --"--------- ::=::::..=::::-~-- Water Resources Photos 1 1611 A12 2 ~. =-.j \:;7]+ ~"- ;;- . ",::;:":.:-.::,,2'::" ~....i ilt 1M ~. 1 O'Neill Property Location [":',..<l Land Cover and Soils ------ -'-"-- ===::::::"__M .~- --"~-'--- ------- ---- ===::::::..._-~ Species Richness __........__.___M_ ==..:;~-_-:=..-::O"._._M 1J :1 ' I ? Close-up aerial Water Resources '~'_'_':':='::.M""_''''''' 0--0-...-.-...--- _._,-- ,----- -.-._-- ----~,------ --..-.---- --.._--- ________.___M Gallagher Property location .~ :j; IK~ (; ..E... ."_ I Regalado Property Location --,......-.-..----- -~.. -..--- ---,_.~---,,_._. ~._..._..._.- --~--- -~.._.__.._. ._-_.~._~.._-,. Land Cover and Soils -_......._.__._-~ ~_n _ .__.. ------_....~ :::.-:;,~.::.:'.::-~=;==.:----~ --------...... pecles Ric ness ~":L, + F---' I=~-,I _. I --':-. -.-..-.......-..------ ._-'''-'-~---' -----_..~.. 1611",412 Close-up aerial -_._-"._~----~- ~-~~.._..__......, ----..-...---.--- Water Resources ---. ..._-- _.~_.- -~- ::::;:-._---_._~ <-...-<-,.--..-..-... ~._-- .-.--- ."..~_._-~.. :;:.,.;:----~-~ Photos I '<....-' ;." I' I A,.., " tf, r b \ ~:J" ! . , ; .- . " ~ .." ' , " . j ~\":. "'''",i , . ~ '''''i' , ~':'.J, F'''-''" - .. \ '" ~ Photos ~..'y'~'i: . . '. 1 . , I' / .I "'. . t;~b.,: I <' ,~ , '\ . ',i! I' , . .L.,.\li '~"h~ i ..,. 2 ;--'RECE1VED FEB 0 Z 2007 Februar~ 1~ 2007, 9:00 A.M., / Commission Boardroom Fiala ~-Z~ lJoardojCounwcommission<w. Harmon Turner Building (Building "F"), Third FlI1l!les .~~ ~ AGENDA Henning__.. ._--- '~oy!e.~ Goletta...---_.__.- I. II. III. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE :-I ~..., ,~ , l~ li I "-' J. ,( Roll Call Welcome to appointed Committee members Election of Committee Chair and Vice Chair IV. Approval of Agenda V. Approval of January 8, 2007 Minutes VI. Old Business: A. Real Estate Services Update B. ContractslAgreements C. Staff Report - Status of AAL D. The Nature Conservancy (TNC) assistance with multi-parcel projects VI. New Business A. Partnership Proposal - COllier Soil and Water Conservation District B. Review of submitted applications to determine whether they meet criteria and goals 1. Devisse - 5 acres in 524, T48, R25, North of Immokalee Rd, at northern terminus of Euclid Ave. surrounded by the De la Sol community. 2. Legaspi - 2.73 acres - NGGE Unit 47 3. Munson - 1.59 acres - NGGE Unit 37 4. O'Neill- 1.04 acres - south of 1-75 at the SR 951/Davis Blvd. exit off Benfield Rd. 5. Gallagher - 3.44 acres - in the Gulf of Mexico at south end of Keewaydin Island 6. Regalado - 2.81 acres in NGGE Unit 91 - near 1-75 properties and Naithloriendun VII. VIII. IX. X. XI. C. Trihn parcel application - late addition to Mcllvane Marsh Project D. Outstanding Advisory Committee Member Program E. Program General Report F. Subcommittee appointments Subcommittee Meeting Reports A. Outreach - Tony Pires, Chair B. Lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures - Will Kriz, Chair Chair Committee Member Comments Misc. Corres: Dale: Ilem#: Public General Comments Staff Comments Adjournment ;" " ****************************************************************************************************** Committee Members: Please notiN Cheri Rollins at 403-2424 no later than 5:00 p.m. on Februarv 9, 2007 if you cannot attend this meetina. 1611 A 1 , Conservation Collier Land Acquisition Advisory Committee Outreach Subcommittee Agenda Meeting Date: Monday, February 12, 2007 Meeting Time: Directly after the Conservation Collier Land Acquisition Advisory Committee meeting scheduled for 9:00 a.m. to 12:00 p.m. Location: Commission Board Room, 3'd Floor, Administration Building F, Collier County Government Center, 3301 Tamiami Trail E, Naples. 1. Acceptance of agenda 2. Old business: none 3. New Business: Continuation of discussion begun on 1.6.07 about ways to identify willing sellers of desirable conservation lands 4. Set next meeting date and agenda 5. Adjourn 16/1.4'13 (....,.~.". c",.", "~f) t.J' '\:' IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Fiala J ~ March 28, 2007 Halas J / Henning 0. Coyle 1-. AGENDA Coletta I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: January 24, 2007 V. Transportation Services Report A. Budget - Lisa Hendrickson B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report A. Report - Robert Kindelan/CLM VII. Landscape Architects Report A. Report - Michael McGee VIII. Old Business IX. New Business A. Election of New Member X. Public Comment XI. Adjournment Mise Carres. Date.~ ilem# ItollA 13 C0;':'1;:;6 to The next regularly scheduled meeting is April 25, 2005, 4:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 16 I 1~i113 " f, IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE AGENDA i"iala / 8:~~ng~~~= l.,oyle___ Coletta .. ..'~=~::::,-,,::: February 28, 2007 I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: January 24,2007 V. Transportation Services Report A. Budget - Lisa Hendrickson B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report A. Report - Robert Kindelan/CLM VII. Landscape Architects Report A. Report - Michael McGee VIII. Old Business IX. New Business A. Election of New Member X. Public Comment XI. Adjournment Misc. CarrEls: The next regularly scheduled meeting is March 28, 4:30 p.m. At the Immokalee Community Park Date: 321 First street South, Immokalee, FL Item#: I COV,i;S to: 16flAJ~ IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE .January 24, 2007 MINUTES I. The meeting was called to order by Vice Chairman Cherryle Thomas at 4:38 p.m. II. Attendance Members: Rita Avalos (excused), William Deyo, Dorcas Howard, Cherryle Thomas County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Project Coordinator, Lisa Hendrickson- Management Budget Analyst Others: Mike McGee-McGee & Assoc., Michelle L. S. Guerrero- Mancan III. Approval of Agenda Vice Chairman Cherryle Thomas approved the agenda. IV. Approval of Minutes: November 15,2006 Dorcas Howard moved to approve the minutes. Second by William Deyo. Motion carries unanimously 3-0. V. Transportation Services Report A. Budget - Lisa Hendrickson Lisa Hendrickson distributed and reviewed the report (see attachment). B. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). Michael McGee reported the procedures to get the pavers laid. Tessie Sillery is now the contact for ongoing projects. 1 16 ! l" ~ Darryl Richard distributed the design of the "Welcome tb I olileJ. sign. Dorcas Howard moved to approve the sign image as distributed. Second by William Deyo. Motion carries unanimously 3-0. 3 Darryl Richard will notify Lykins to have the sign installed by the festival in April. Darryl Richard distributed the draft letter and map to be sent to property owners regarding the boundary expansion. He also distributed and reviewed a proposed project cost sheet. He requested that each Committee Member email any suggested changes to the letter. William Deyo left the meeting at 5:08 p.m., a quorum was lost. Darryl Richard will speak with Immokalee Waste Disposal again about trash can pick-up. VI. Transportation Maintenance Report A. Report - Robert Kindelan/CLM Robert Kindelan was not available to attend. Michael McGee reported that irrigation repairs have been made. Plant replacements will be needed. William Deyo rejoined the meeting at 5:11 p.m., creating a quorum. Darryl Richard will address the storm drains that need to be emptied and cleaned up. VII. Landscape Architects Report A. Report - Michael McGee Michael McGee should receive the Phase IV plans from the lighting engineers tomorrow which he will forward to Darryl Richard to go out for review. He will put something together quickly for paver replacement. He suggested that the Phase IV project may need to be broken into phased sections for affordability and feasibility. William Deyo moved to have Section 1 of the Phase IV project stop at Immokalee Drive. Second by Cherryle Thomas. Motion carries unanimously 3-0. Michael McGee suggested a chart to accompany the public mailing demonstrating needed funding for projects. 2 VIII. Old Business 1611A1'Z A. Code Enforcement Issues - Cristina Perez Christina Perez was not present. IX. New Business A. Election of New Member Tessie Sillery will call Bernardo Barnhart about his term expiration. No applications have been received for the open position. Cherryle Thomas suggested advertising the open MSTU Member position in the Immokalee Bulletin and on the Comcast Cable Community Service Station. She also mentioned electronic information boards that are projected to be placed around Immokalee. X. Public Comment None There being no further business to come before the Committee, the meeting was adjourned by the Chairman at 5:38 p.m. The next regular scheduled meeting is February 28, 4:30 p.m. At the Immokalee Community Park 321 First street South, Immokalee, FL 3 .,., " ;,~ +:- , II /4 T ~/ li db .i' ') " . J IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE January 24, 2007 SUMMARY A quorum was established the minutes and agenda were approved. V. Transportation Services Report B. Project Manager Report - Darryl Richard Darryl Richard distributed the design of the "Welcome to Immokalee" sign. Dorcas Howard moved to approve the sign image as distributed. Second by William Deyo. Motion carries unanimously 3-0. VII. Landscape Architects Report A. Report - Michael McGee William Deyo moved to have Section 1 of the Phase IV project stop at Immokalee Drive. Second by Cherryle Thomas. Motion carries unanimously 3-0. 1 ....:ll .... 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LH .Ii" t ~ AJ3 January 24, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Immokalee MSTU Project Status (IMM-IO) -ACTIVE --{pac: Darryl) McGee & Associates - Hwy 29 Medians I st Street to 9th Street- Landscape & Irrigation Renovation Project includes Bulbout Refurbishment Project; 11-17-06: Committee approved funding for design of project by McGee & Associates 12-04-06: Pending Purchase Order with Work Order - $13,330.00 (IMM-II) -ACTIVE - (Pac: Darryl) Brick Re-Installation - Maintenance; CLM to re-install missing brick. 11-17-06: Committee request CLM to quote project. 1-17-07: Mcgee to submit plans under refurbishment project Work Order. (IMM-8) -ACTlVE-ONGOtNG (Pac: Tessie) - BID #06-4008 -- "Immokalee Beautification M.S.T.U. IM.S.T.D. Roadway Grounds Maintenance" 8-15-06: Pre-bid meeting Purchasing, areas indicated as being maintained by CLM currently need to be added to contract. 8-22-06: Bid due date is 8-30-06 addendum for additional maintenance areas is pending. 8-30-06: Bids received from Commercial Land and Ground Zero. Bid Tabulation is pending. Staff deadline for ES is 9/11/06; Brenda Brilhart confirms Purchasing will have Tabulation by Sept. 7, 2006. 9-12-06: BCC approved - waiting for signed contract from purchasing. 9-14-06: Current contract with CLM extension request sent to Robert Kindelan. 10-04-06 - Purchase Order & NTP sent out (IMM.7) -ACTIVE - (Pac: Tessie) Signage Refurbishment and Replacement; 8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 and Refurbishment $1,000.00. 8-16-06: Due to No Quorum - No Committee Action taken. Staff cannot proceed with project. Approval is pending next Regular Meeting and/or Special Meeting. 8-22-06: Special Meeting request by staff. Special Meeting date/time pending. Committee action approving funding for project is required. 9-20-06: Committee to review quotes 9-20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals. 10-17-06: PO request in the system 10-25-06: PO sent to Lykins; PO 4500071698; the time-line for this project is 60 days to completion. December 25,2006 Project Due Date. 11-15-06: Lykins Signtek sent graphics for review and approval. 12-04-06 - Mcgee to come up with Template on size of letters. 1-17-07: - need committee approval on proposal (IMM-6) -ACTIVE - UNDER CONSTRUCTION-(POC: Darryl) -Immokalee Pavers Project- Construction Cost: Bonness: $69,025.60 September 12, 2005: NTP- 9-8-05 issued to Bonness - Construction 90 days. P.O. ISSUED FOR $49,861.50 to Kent Technology for lighting installation. Bonness to complete work with a W.O. after lighting installation is complete. Lighting installation was recommended by McGee. 4-17-06; Lighting by Kent is pending; Spoke with Thomas Ladimer of Kent he says that Jim Smith will be managing this project. 5-1-06; Kent Technologies to install Lights May 1-30; Bonness is to complete paver installation following lighting project completion. I 1611 "" J 5-15-06: Jim Smith new project mgr. - Tentative meeting 5-17-06 with McGee / Smith and Lulich to have Coordination meeting before project proceeds. 5-30-06; Meeting scheduled on June 2nd, to review project. -Inspection 6-12-06: Kent Technology Jim Smith confirms schedule for construction within 2 weeks. 6-27-06: Kent Technology - under construction work to be completed June 29, 2006 7-18-06: Change in Specs by McGee requires jack and bore operation which will commence by 8-1-06. 8-16-06: Jim Smith with Kent Technologies confirmed that they are under construction with Lighting. 8-22-06: Jim Smith confirms that Kent will install lighting foundations beginning on August 30, 2006 with project completion by September 8, 2006. Bonness confirms that upon completion of Kent installation of bases by Sept. 8, 2006 Bonness would anticipate completion of curbing by Sept. 30, 2006. 8-31-06: Jim Smith confirms crews have picked up the footings for the lights and will begin installation this week for the footings. 9-20-06: Installation oflight bases is completed by Kent Technologies. 10-18-06: Conduit installation completed by Kent Technologies 11-6-06: Curbing installation is being constructed. Forms for concrete are in place and ready for concrete fill material. 11-15-06: All curbing installed. Pavers installation is pending. 12-04-06: Paver installation complete and inspection pending. 1-17-07: Inspected by Darryl and project is 60 % complete with punchlist items 1-23-07: Lighting Installation Completed - inspection to follow; Bonness Pavers need to be reviewed in terms of contract for percent complete. (IMM-5) -ACTIVE --(FDOT JPA Grant) (POC: Darryl) - UNDER DESIGN 60% COMPLETE- LIGHTING-Immokalee Beatification Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for $76,944.02 issued NTP Design on 3/25/05. McGee 60% plans are to be reviewed by Staff and Set up FDOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER TO SET FDOT PRE-APPLICATION MEETING DATE. MCGEE TO FILL OUT FDOT FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to review plans for FDOT Pre-Application. 4-17-06 McGee to re-submit plans with corrected project nwnber for review. 5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-06 McGee & Assoc. submitted 60% 6-5-0660% Plans submitted to Staff and FDOT for review. Review Pending. 6-12-06: 60% plans under review by FDOT. 6-27-06: 60% plans under review by FDOT 7-18-06: 60% plans under review by FDOT 8-16-06: 60% plans underreview by FDOT 8-22-06: 60% plans under review by FDOT 8-31-05: Email sent to Karen Miracolla for status of60% review. 9-25-06: PBS&J request information from McGee & Associates for project. 10-18-06: Request to proceed with 100% plans submitted to FDOT 11-8-06: Direction to McGee & Associates to proceed to 100% Drawing Submittal. 1-17-07: Waiting on plans from Mcgee - 100% plans are due into FDOT for this project (IMM-3) ACTIVE - (POC: Darryl) Immokalee MSTU expanding their boundaries- 5-15-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure of expanding. 5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete. 6-27-06; Confirmed with Scott Teach - yes 50%+ I required. 7-18-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to provide 50% + I petition - prior to proceeding with expansion of boundaries. 8-7-06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation. Scott Teach is working on sample petition. 8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation pending. 2 /f 1. n' 1 '"7 1. . '" 8-16-06: Due to No Quorum Committee Action not taken. Committee action required to approve petition and approval of funding for mailing of petition to residents. 9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing is to have Spanish and Creole language. 10-30-06: Final Petition, Boundary, and List ofNames/Properties sent to Scott Teach for review and approval. Required letter to residents is still pending, Committee Chairman Action required. 12-04-06: Review by committee chairman Rita Avilas pending 1-17-07: Rita to review and come back with comments at next meeting. Staff requires Committee approval for draft letter to residents prior to mailing. (IMM-12) _ COMPLETE -Irrigation Lateral Break at Median #6: CLM indicated that the repair requires boring underneath roadway for installation of a new line. 11-17-06: Committee authorizes Staff to effect repair. - $5,000.00 approved 1-17-07 : completed by Commercial land under terms of maintenance contract 06-4008. (lMM-13) -COMPLETE - Code Enforcement - Signage placed without permit 10-18-06: Committee request statl'inquire with Code Enforcement concerning signs placed in 'triangle area' at intersection ofHwy 29 and New Market Rd. without permit number indicated on sign. 10-19-06: Code Enforcement informed about signs and requested to remove them. (lMM-9) .COMPLETE - Report on Curbing in FOOT Project; 10-18-06: Committee Chairman Rita Avalos inquires as to why the State utilized Type A Curbing at Median separators vs. Type F Curbing as in other parts of project. 11-15-06: Liaison Staff Provides answer from FOOT on Project Curbing. Type A Curbing is the standard FOOT installation for separators while the Type F Curbing is standard for other sections of curbing which are not considered a 'separator'. (IMM-13) -COMPLETE - Trash Pick-Up; Committee request to confIrm lmmokalee Disposal is providing 'Trash-Pickup' services. 10-18-06: Committee request inquiry to lmmokalee Disposal as to responsibility in trash pick-up. 10-18-06: Staff directs Commercial Land Maintenance to review entire project for trash pick-up and provide additional services as per contract in trash pick-up. 11-17-06: Committee informed that Immokalee Disposal is still the responsible party for trash pick-up. (lMM-4) - COMPLETE -Sidewalk Project (Consultant: Mike McGee) - Non-MSTU Project; August 11,2005: Trinity is Pathways contact and will report on starns 8-16-06: Final Application for payment submitted by Higgins. Staff processing Final Change Order prior to payment. 8-22-06: Trinity Scott reports that the project is at Final Completion with a fInal change order pending prior to project closeout. MSTU Committee is to receive re-imbursement of funds in the amount of $195,706.00 from FOOT. Reimbursement through FOOT to occur upon Final Completion. 8-31-06: Gloria Herrera reports that a change order #1 has been approved for the Higgins Contract for -.54 (cents) Final Pay Application has not been received. 9-20-06 Final payment has been processed to ON Higgins. - Sidewalk Project (lMM-2) COMPLETE-Immokalee Banner Replacement-'Welcome to lmmokalee' Banners Delivered to A TM Department. (lMM-1) COMPLETE - Holliday Banners - Banners Delivered to A TM Department. 3 16!lA ~ COLLIER COUNTY GOVERNMENT J j TRANSPORTATION SERVICES DIVISION ~< ..~"~--:-- Alternative Transportation Modes Department 2885 Horseshoe Drive South. Naples, Florida 34104 . Tel. 239-774-8192 . FAX 239-530-6219 November 17,2006 Immokalee MSTU Resident Dear Resident, The Immokalee MSTU was created by the Collier County Board of County Commissioners on August 5,1986 (revised June 9, 1992) "for the purpose of doing all things reasonably necessary in connection with landscape beautification, including providing for pavement, curb and sidewalk modifications, installation of irrigation facilities, associated landscaping improvements and maintenance thereof'. Existing Boundary is as indicated in Ordinance includes 3710 Parcels which cover approximately 3,223 Acres in Immokalee. Please referenced attached Boundary Map with Proposed Expansion Area. Currently there is a proposal that the Immokalee MSTU Committee has approved for expansion of the Immokalee MSTU Boundary. This Boundary Expansion would allow the Committee to provide improvements to Lake Trafford Road. Plans are for installation of lighting similar to that already installed by the Immokalee MSTU Committee on Main Street (State Hwy 29) from I" Street to 9th Street with estimated cost of $750,200.00. The Immokalee Committee regards the continuation of lighting enhancements on Lake Trafford Road a priority for construction in the 10 year plan. Please reference attached Immokalee MSTU Project Goals. The expansion area is 1018 Parcels which cover approximately 2,490 Acres in Immokalee Lake Trafford Area. Anticipated Lighting Project will be fmanced by additional annual revenue of expansion area. Currently Projected revenue is calculated as: (Total Expansion Area Property Value) $40,190,270.00 at .001 millage rate (Ad Valorem Tax) ~ $40,190.27 Projected Increase in Annual Revenue to Immokalee MSTU given that Expansion Proposal is approved by residents (by signing petition) and then by Collier County Board of County Commissioners. Currently based on existing boundary and Ad Valorem Tax rate of I mill, the Immokalee MSTU receives approximately $278,794,924 in revenue each year. Currently the MSTU has project goals which are in order of priority: (I) Competion of Immokalee Phase IV Project which is being fmanced by the Immokalee MSTU Committee with an estimated project cost of: $875,164.00. This project includes agreement with Florida Department of Transportation (FOOT) for reimbursement of up to $300,000.00 in project cost. Currently the Immokalee MSTU has approximately $569,400.00 in Capital Improvement Funds available for the anticipated Phase IV Project which will go out for bid Spring of2007. Project will be phased if Project Cost exceed available funds for construction. Please reference attached Immokalee MSTU Project Goals. If the expansion of the Immokalee MSTU Boundary is approved by the residents with the required 50% plus one signature indicating approval, there will be no increase in the current millage rate. I encourage your participation in providing signature on petition on this expansion proposal as it benefits the community. The Immokalee MSTU Committee is committed to serving the Community and approval of the boundary expansion will enable the committee to better serve the Lake Trafford Area. If you should have any questions regarding the Immokalee MSTU and the projects which are scheduled to be completed please contact Immokalee MSTU Project Manager, Darryl Richard, at 239-659-5775. Thank you, Rita Avalos, Chairman, Immokalee MSTU Committee c u !~~ " c u .. n II 1 ~"'J ~ z ~ ~ ~ . , ~ . r 0 8 ~ ~,~ " ~ a. , " "Ul!::::J. ~ il g~, ~ ~ a , . ~ a, ~ . ao~ . "~~ 00 ~ .* . ~ ~ i E . ~ , a . N g -..........CIl 1l N;S~ ~o~ ~ ~oS: ~ 0 ,; [q2~""~~~ iI 3i18:1:g,::::J i:~i:~lS::>& !~U~';i H~h . ~ ' ~" ~ . [ Cil - . .................... ~ ~~ 1i~ .a~ ~ 00 n ......01 n ~:::: ~ ~ ~~ " " " ~ N ~ ~ , ~ . . 0 '" " " ~ ~ , 11 11 " ~ ~ ~ 0> " " ~ ~ , , . . ,. " " S 11 11 ~ ~ ~ ~ ~ ~ ~ ~ s t .. 0 ~ i; S 'g " " ~ ~ ~ ~ I 'fl IJ , ~ ~ ~ ~ '" ~ 'g ~ ~ ~ 'i' " " ~ 0 ~ .~ N ~ il ~ " 16 I 1 ,4 1 4bruary 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL RE CEIVED Naples, Florida, February 7, 2007 FEe 23 2007 80aroo((;', ~. Otm' {' F ia la_~~.~:~mmis . _ ~:~3~ng=~ _ . .. LET IT BE REMEMBERED, that the Collier County Envi~~t~i-:~-- ~( , Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan (absent) James Harcourt William Hill Lee Horn Judith Hushon Roger Jacobsen Irv Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Jeff Wright, Assistant County Attorney Barbara Burgeson, Sf. Environmental Specialist Mise cLo\rrt~,s.:.,.. I\"CV Summer Arague, Sf. Environmental Specialist cr '\ \}'\ \'"1-' f\\VL I 16 1 IF'~ruh 4007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 a.m. II. Roll Call A quorum was established. The May meeting will be on the 7th. III. Approval of Agenda Mr. Hill moved to approve the agenda. Second by Mr. Penniman. Carries unanimously 7-0. Mr. Harcourt joined the meeting at 9:03 a.m. IV. Approval of January 11,2007 Meeting Minutes Mr. Penniman moved to approve the January 11,2007 Minutes. Second by Mr. Sorrell. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Mr. Harcourt accepted a position with the DEP which will create a conflict of interest for remaining on the Environmental Advisory Council so he will be resigning in a few weeks. VI. Land Use Petitions A. Site Development Plan No. PUDZ-2006-AR-9206 "Triangle Parcel" Section 15 and 16, Township 48 South, Range 25 East Presenters were sworn in by a notary Ken Passarrella, Passarella and Associates, representing Henderson Development Company demonstrated aerial maps of the project location, wetland location. drainage and vegetation. Eight and one half acres of the project are wetlands; the rest is mostly pine flat woods. Around 50% of the wetlands will be impacted by the project which will incur mitigation. Three active and two inactive gopher tortoise burrows were located on the site along with four listed plant species. The presenters are in agreement with staff recommendations. 2 "il ,:-rAil' I, 1 t Ie ~e aryt?,2007 Bruce Anderson announced that a conection is in order to right the classification of the project as Commercial not Mixed Use. Summer Arague added that this change will require 15% native vegetation retention instead of the set out 25%. Ken Passarrella noted that this conection will not change the preserve area plans. It was agreed to relocate the tallallZia inside the preserve area. Mr. Hughes introduced Mr. Jacobsen, the new Committee Member. Summer Araque announced that staff recommends approval of the SDP with staff stipulations. Stan Chrzanowski demonstrated the water flow within the sunounding area of the project. Mr. Sorrell suggested monitoring the gopher tortoises after relocation to verify success. Dr. Hushon moved to accept Site Development Plan No. PUDZ-2006-AR- 9206, "Triangle Parcel", Section 15 and 16, Township 48 South, Range 25 East, along with staff recommendations, and an additional recommendation that the tallanzia be moved and request that the tortoises that are moved be monitored with reports back after one and five years. Second by Mr. Hill. Motion carries unanimously 8-0. B. CPSP-2005-14, Petition requesting an amendment to the Future Land Use Map (FLUM) of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District Sending Lands to either Neutral Lands or Receiving Lands, for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 &27, consisting of 3,646 acres total. David Weeks, Planning Manager for the Collier County Comprehensive Planning Department reviewed the history of the petition as laid out in the staffreport (see attachment). The designation of the lands was set by evaluating the lands as a whole, not parcel by parcel. A provision was set up for Sending land owners to ask for an exception on the designation of their property as requested during public hearings. The provision was for Sending Lands that abut Neutral or Receiving Lands. There is a legal requirement that applicants have to submit a notarized letter of authorization when a third party is representing the property owner or the application will be recommended to be withdrawn. Mac Hatcher displayed aerials of the properties recommended for approval of re-designation. 3 161M 1,f. February 7, 2U071 .0/ David Weeks reviewed the history ofTDRs. Summer Araque noted the letter from the Conservancy (see attachment). Public Comments John Vega, representing Frances and Mary Hussey Triple T Ranch noted that the provisions laid out by the County did not account for the possibility of earth mining; it was set up under the possibility of housing developments. The desire for the property is to mine the area that is not Red.cockaded Woodpecker habitat and assist the Red-cockaded Woodpecker habitat since it is changing; and will soon be lost. Joe Bonness demonstrated a map showing the most valuable land for the Red. cockaded Woodpecker and other endangered species along with the potential mining area. He noted that the Red-cockaded Woodpecker habitat is slowly deteriorating. Assistance is needed to maintain the habitat. The mining is planned to go down 80 feet. It has been shown that Red.cockaded Woodpeckers will live with load noise but they will not live within non. vegetated areas. Tim Hancock, Davidson Engineering representing West Florida Agro Limited properties #1 and #2 noted that the properties are split down the middle between receiving and sending. Parcel #2 is utilized as active agricultural and is infested with Brazilian Pepper. Nicole Ryan, Conservancy of Southwest Florida expressed agreement that the County's designation was good. The lands should be brought back to original states and hydrology. Brad Cornell, Collier County Audubon Society supports staff recommendations except for the proposed approval of parcel #1 because it has hydric soils, it is designated as a strategic habitat conservation area, and it is panther habitat. He also believes that the Gariulo Trust lands should be reevaluated. David Weeks noted that staff has agreed to take Mr. Hancock up on his offer to visit the West Florida Agro parcel. He added that the petitions will be seen again since this is a transmittal hearing. Mr. Penniman moved to approve staff recommendations for approval and denial for all of the parcels listed on the CPSP-200S-14 Spreadsheet with the exception of parcels #1 and #2 pending further investigation by Members of the EAC who are able to visit the site. Second by Mr. Hughes. Motion carries unanimously 8-0. 4 1611l'"'J, February 7, 2007 A few members of the Committee expressed interest in visiting parcels #1 and #2. It was agreed by the Committee to continue the petition for the two parcels to the March 7th hearings. The meeting recessed at 10:58 a.m. reconvening at II :16 a.m. VII. Old Business William Hill did not rejoin the meeting at recommencement. Summer Araque announced that 1.75 Alligator Ally Commercial PUD was approved by the Board of County Commissioners 5-0. Terafina and Pineview (Naples Nissan) were also adopted by the Board of County Commissioners. VIII. New Business A. Gopher Tortoise Management Plan Revisions Update - Barbara Burgeson Barbara Burgeson gave a power point presentation (see attachment). William Hill rejoined the meeting at 11:18 a.m. Barbara Burgeson mentioned that the Gopher Tortoise Management Plan will be released for public comment on February 16th, 2007. Nick Penniman left the meeting at II :25 a.m. Maureen Bonness is a manager of a Gopher Tortoise recipient site. She received 50 tortoises in February of 2004. There is no requirement to monitor the tortoises after relocation. She did a follow up survey in September 2005 when she received two more tortoises where she counted 71 burrows. Another survey was done last week where 95 burrows were found. Two small bunows for yearlings were identified. Discussion ensued on how to count tortoises instead of just the bunows. IX. Subcommittee Reports Dr. Hushon attended the Commissioners Meeting and spoke on the importance of watershed management plans. She went to the Rookery Bay Public Meeting on the Keewaydin Shuttle issue. The issue is coming up for final vote on February 21 st Mr. Hughes volunteered to attend the meeting. 5 'Fi~Jryl2471 4 X. Council Member Comments Mr. Hughes would like to come up with a simpler way to develop land. XI. Public Comments Summer Araque mentioned the change in the parking anangements for Committee Members. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:07 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes These Minutes approved by the Board/Committee on as presented or as amended_. 6 ENVIRONMENTAL ADVISORY COUNCil 1 6 , 1 A' .11t AGENDA March 7, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Buitding (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approvat of February 11, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Gopher tortoise Management Plan Presentation-Ray Ashton and staff VII. land Use Petitions A. Planned Unit Development Rezone No. PUDZ-A-2005-AR-7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East B. Planned Unit Development Rezone No. PUDZ-2006-AR-8997 "Buttonwood Preserve PUD" Section 35, Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ 2005-AR-7804 Immokalee Road South MPUD Section 29, 30, 31, and 32, Township 48 South, Range 27 East D. CPSP-2005-14, Continuation of petition requesting an amendment to the Future land Use Map (FlUM) of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District_Sending lands to either Neutral lands or Receiving lands, for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 & 27, consisting of 3,646 acres total. [Coordinator: David Weeks, AICP, Planning Manager] E. CP-2005-08, Petition requesting an amendment to the Future land Use Element (FLUE), to change the land use designation from Sending lands to Neutral lands on a parcel located in the Rural Fringe Sending lands of the Future land Use Map, in Sections 11, Township 48 South, Range 26 East, consisting of 159.98:!: acres. [Coordinator: Mike Bosi, AICP, Planning Manager, Comprehensive Planning Department] F. CPSP-2005-15, Petition requesting an amendment to the Transportation Element (TEl, to add new Policies 3.5, 3.6, 3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TCPPs), Transportation Corridor Preservation Maps (TCPMs), and associated tables and ordinances, to provide for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Pianning Director] G. CP-2005-12, Petition requesting an amendment to the Future land Use Element (FlUEl and Future land Use Map (FlUMl and Map Series, to create the "North Belle Meade Special Use Subdistrict" for property designated on the Future land Use Map as Rural Fringe Mixed Use District, Sending lands and North Belle Meade Overlay, to allow earth mining, oil extraction and related processing, asphalt and concrete batch-making plants and their related uses, and all Sending lands permitted uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Manaaement Element (CCMEl, to reduce the Preservation and Native Vegetation Retention Standards from 80 percent to 40 percent for this Subdistrict, for property located in Sections 29, 31 and 32, Township 49 South, Range 27 East, consisting of 950:!: acres. [Coordinator: Corby Schmidt, Principal Planner] '" l1r14 H. Winchester Lake Additional Depth Section 16, Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] VIII. Old Business IX. New Business IX Subcommittee Reports X. Council Member Comments A. Discuss Applicants Contacting Members/Provide Members with County E-mail XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notifv Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on March 2. 2007 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition f530-62901. General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1611-4.11f Item Vl.I ENVIRONMENTAL ADVISORY COUNCIL ST AFF REPORT MEETING OF MARCH 7, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Buttonwood Preserve PUDZ-AR-8997 Q.Grady Minor and Associates, P.A. Elias Brothers Communities at Buttonwood Preserve, Inc. Elena Mandia Hoffman and Alicia Kruse Environmental Consultant: II. LOCATION: The subject property is located south east ofImmokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) intersection on Tree Farm Road approximately 0.7 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N. Warm Springs PUD (3.78 dwelling units per acre), Tree Fann Road then undeveloped woodlands that has been approved for a Residential Planned Unit Development; S - Vanderbilt Country Club PUD (2.48 dwelling units per acre) and Bristol Pines PUD (3.00 dwelling units per acre), Single-family homes and golf course within the Vanderbilt County Club subdivision and Multi family residential under development; E - Vanderbilt County Club PUD (2.48 dwelling units per acre), Comcast Cable antenna field and single-family homes and golf course within the Vanderbilt County Club subdivision; W - Bristol Pines PUD (3.00 dwelling units per acre), Multi family residential under development; EAC Meeting ,- 11. t .'i ( C' .i,i.-r J:' ,oJ;.. ! . .i'", Page 2 of8 III. PROJECT DESCRIPTION: The application has requested the rezoning of 55 acres from Agricultural (A) zoning to a Residential Planned Unit Development identified as Buttonwood Preserve RPUD. The subject property has been altered extensively through past agricultural uses, and contains farm buildings and single-family structures. The proposed residential development would consist of single-family dwellings and townhomes, two-family and duplex dwellings and multi family dwellings as permitted uses. A total of 220 residential dwellings have been requested at a density of four dwelling units per acre. The "Conceptual Master Plan" proposed two residential zones (R-I & R-2). The "R-l" zone would consist of approximately 9.57 acres and would contain single-family dwellings and two- family and duplex dwellings. The "R-2" zone would consist of approximately 11.64 acres and would contain single-family dwellings, townhomes, and two- family and duplex dwellings. A recreational area of approximately .88 of an acre has been located centrally within the residential zoned area. The recreational area has been identified to provide the potential of indoor or outdoor recreational facilities that could provide a variety of recreational amenities, as well incidental personal services that would be limited to use by residents only. The site is providing 14.45 acres of native vegetation area has been provided along Tree Farm Road, of which 13.45 acres in "Preserve" which exceeds the 11.6 acre of native preserve area that is required by the Land Development Code (LDC). A perimeter buffer is proposed along the boundary of the subject property, as well as adjoining the "Recreational Area". A minimum of60 percent of the overall gross project area shall be devoted to usable open space. Storm water management is proposed through a series of three lakes, which will have combined area of approximately 7.20 acres. The subject property is located within Zone "X" of the FEMA flood insurance rate map. The subject property is located in the 951 Canal North Basin. This project will be required to be designed for a storm event of a 3.day duration and 25-year return frequency, in accordance with the "Rules of the South Florida Water Management District". Access to the subject property will be via Tree Fm Road. Tree Farm Road is an unimproved County road, which is planned to be improved to a "Collector Road" standard. This road project is identified in the 5-Year Capital Improvement Plan for the Transportation Department, and is scheduled to begin construction in 2008. This road improvement project will go from Collier Boulevard (C.R. 951) east to Massey Street. A portion of the subject property is subject to a "Developer Contribution Agreement", approved by the Board of County Commissioners on January 11, 2005, that provided a 30 foot strip of land to be used as right-of-way for Tree Farm Road at no cost to the County. The developer has also agreed to donate an area of 30 feet in with along the northern boundary for right.of-way EAC Meeting Page 3 of8 1 6 J 1 IA'~ lit purposes. The developer has also agreed to accept the stormwater run-off from the right-of.way for that portion of Tree Farm road east of the project entrance and treat the run-off within the project's water management system. The developer has provided a 50 feet by 120 feet area adjacent to Tree Farm Road and west of the project entrance for Collier County Water and Sewer District raw water easement. The developer has offered to financial contribute a sum of $1,000 per proposed residential dwelling unit constructed within the project to collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non. residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are consistent with the Urban Mixed - Use District, Urban Residential Subdistrict, including single family development. This Subdistrict permits a variety ofresidential unit types at a base density of 4 DU/A, and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore, the site is eligible for 4 DU/ A. Base Densitv 4 dwelling units per acre Total Eligible Density 4 dwelling units per acre x 55 acres = 220 dwelling units FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers. etc.). building mass, building location and orientation, architectural features, amount and type of open space and location. traffic generation/attraction, etc. EAC Meeting 1 t " 7Ui'fiif " .":/J;" ~.it>~ :./'1 ~'. '''1' Page 4 of8 In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Tree Farm Road RPUD Master Plan, conceptual in nature, provides for no potential interconnects wifh Wann Springs RPUD to the north of the project, Bristol Pines RPUD to the west and south of the project, and Vanderbilt County Club RPUD to the south and east of the project. The Tree Fann Road RPUD provides an internal pedestrian network with a linkage to Tree Farm Road. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Manal!ement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for fhe following reasons: This project is consistent with Policy 6.1.1 regarding the selection of preserves. A minimum of 11.60 acres of native vegetation within the PUD boundaries must be preserved to meet the minimum requirement of25% on site. The site plan provides 13.45 acres in three preserves. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. EAC'Meeting 16/1 "~14 Page 5 of 8 The requirement for an Environmental Impact Statement (ElS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Stormwater Manal!:ement: Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stromwater to be discharged in Preserves, as allowed in Section 3.05.07." Buttonwood preserve shows on the SFWMD.gov website as having received an ERP approval from SFWMD on 08.Feb-2007 for 54.2 acres of residential land use under permit # 1l-02665-P Buttonwood Preserve, f.k.a. Tree Fann PUD sits on the dividing line of the 951 Canal North Basin and the Cypress Canal Basin. The allowable discharge rate for either basin is 0.15 cfs per acre. This site discharges toward the west into the 951 Canal North Basin. The flow goes toward the 951 canal and then north or south as conditions wan-ant. The internal system consists of two interconnected lakes that discharge through a water control structure toward the west to the wetland preserve. Environmental: Site Description: The property is located in northern Collier County on the east side of County Road 95 I (C.R. 951) south ofImmokalee Road and north of Danbury Boulevard and west of Gleneagle Way. The site is bordered by vacant land in the north; Vanderbilt Country Club to the south; single family homes and Bristol Pines to EAC Meeting 1 lil '" I J( .1,'" Page 6 of8 the west. The vegetative communities on-site consist of upland pine flatwoods, palmetto prairie, pine, hydric pine, pine and cypress wetlands, with varying degrees of exotic infestation. Wetlands: There are lO.lO acres of jurisdictional wetlands and 0.47 acres of other surface waters. A formal jurisdictional determination was made by South Florida Water Management District (SFWMD) staff on February 10, 2006. Approximately 0.23 acres of wetlands and 0.46 acres of other surface waters are proposed to be impacted by the development. The proposed project will be preserving 89 percent of the wetlands on the property. Preservation Requirements: Of the total 54.21 acres of the project site, 46.40 acres is native vegetation. Twenty-five percent of the native vegetation is 11.6 acres required to be preserved which is being met in three preserve areas consisting of 13.45 acres. Listed Species: One gopher tortoise bunows (inactive) and seven unidentified stick nest were observed on the site during listed species surveys. An updated listed species survey on July 18,2006 revealed that the gopher tortoise burrow was abandoned. Collier County Environmental Staff observed two Big Cypress fox squinels while conducting a site visit. A gopher tortoise management plan as well as a Big Cypress fox squirrel management plan are included as part of the EIS. A new gopher tortoise survey will also be required within six months of construction of the site and any tortoises found on the site will be relocated to an approved on-site gopher tortoise preserve area. VII. RECOMMENDATIONS: Staff recommends approval of Buttonwood Preserve PUDZ-2006-AR-8997 with the following stipulations: Stormwater Manal!ement: 1. None Environmental: 1. None EAC Meeting 1611A 1b 'f' Page 7 of8 PREPARED BY: KIRSTEN WILKIE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT MICHAEL DERUNTZ, A.I.c.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting 1. f.., ~ 1 'It:~ ": ,!>. ,~' , ,I .J.. Page 8 of 8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, If., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARJORIE STUDENT-STIRLING ASSIST ANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 16 I 1 A7 4 Item VILl ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF 7 March, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Geological Consultant: Per Resolution 2004-04 (attached) Winchester Lake Additional Depth Southern Sand and Stone Q. Grady Minor and Associates Water Resource Solutions II. LOCATION: Winchester Lake occupies Section 16 of Township 48 South, Range 28 East, on the east side of the Faka-Union Canal and the north side of Oilwell Road (CR- 858). It is surrounded on three sides by Golden Gate Estates and on the east side by vacant land (some of which is being actively farmed) zoned Agricultural with a Mobile Home Overlay (MHO) III. DESCRIPTION OF SURROUNDING PROPERTIES: The Faka Union Canal abuts the west property line of the site. There are Golden Gate Estates single-family residential lots on the other side of the canal. Oilwell Road (CR-858) abuts the south property line. There are Golden Gate Estates single-family residential lots on the other side of Oilwell Road. The north property line abuts the rear yards of Estates lots that front on 43'd Ave, N.E. There are Golden Gate Estates lots to the northwest and the southwest. The entire land to the east is zoned Agriculture. Some of it is being actively farmed ZONING DESCRIPTION N . Golden Gate Estates (Unit 61) - Res. single-family, appr. 25% built-out S - Golden Gate Estates (Unit 65) - Res. single-family, appr. 25% built-out E - Vacant Land zoned Agricultural W - Golden Gate Estates (Unit 65) - Res. single-family, appr. 30% built. out IV. PROJECT DESCRIPTION: EAC Meeting "if r ii '":1 '....{~1 c:{; '...1 V ./ ..!.',L a- Page 2 of3 Winchester Lake Commercial Excavation (a.k.a. "Shaggy Cypress") sits on 654.12 acres, which is a little more than one square mile (640 ac.), on the east side of Golden Gate Estates, in a 'notch" in the eastern boundary of the Estates zoning just on the north side of Oil well Road (CR 858).. The project was approved by the BCC on 6 October 1998 as Excavation # 59.648. The permit allowed removal of 19 million cubic yards of fill and creation of a 604 acre lake to a depth of 20 ft below original grade. The plan called for retention of a 100 ft unplanted buffer on the north and west sides and a 50 ft unplanted buffer on the south and east sides, which left no room for the construction of a subdivision when the lake was completed. This was done because at the time the excavation was being permitted, the fill was worth more than the land. In 2004, Resolution 2004-04 was passed by the BCC , and Section I. of that Resolution allows a depth of25 ft below existing grade. The excavator does not plan on excavating the project to the limits of the 604 acre lake that was originally permitted, but he wants to go deeper in the areas that will be excavated. A geotechnical report has been submitted that describes an olive- green silty clay semi.confining layer at a depth that varies from 20 ft to 30 ft.. That is the depth that the excavator wishes to dig to. He will dig six separate lakes to depths varying from 20 ft to 30 ft, but will only dig a portion of lake I and all of lake 4 to a depth of 28 to 30 ft. Since the total amount of fill to be removed from the site doesn't increase, staff will bring this petition to the BCC on Consent Agenda. This excavation must not breach any semi .confining or confining layers under any circumstances v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: There are no FLUE issues raised by deepening these lakes a few feet. Conservation & Coastal Manal!ement Element: There are no CCME issues raised by deepening these lakes a few feet as long as no confining layers are breached. EAC Meeting 1 6 I 1 ,47 4 '" " Page 3 of3 VI. MAJOR ISSUES: Stormwater Manal!ement: There are no stormwater issues that will be raised by digging these excavations to a few feet deeper as long as no confining layers are breached Environmental: There are no environmental concerns specifically related to excavation of the lakes to a greater depth as long as there is no breaching of the confining layer. When the Excavation Permit is modified to allow for the greater depth, Environmental Staff will conduct their full review. There may be listed species or wetland issues that will be addressed with that formal review. VII. RECOMMENDATIONS: Engineering Staff recommends EAC approval of the administrative modification of the Excavation Permit with the following stipulations: I. The petitioner cannot breach any confining or semi-confining layers with this additional depth of excavation. 2. Environmental Review staff shall review the Excavation Permit Amendment. Listed species surveys or other relevant environmental information may be required as part of that review prior to approval. PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT DATE DATE ASSISTANT COUNTY ATTORNEY "if " -Ii '71 I-f~: 0:1 '1} G ., q lte4I.G " "--;.:: ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7. 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: CP.2005.12 NORTH BELLE MEADE SPECIAL USE AREA SUBDISTRICT Applicant/Developer: Francis D. and Mary Pat Hussey, Jt. Naples, Flotida Engineering Consultant (Materials) and Environmental Consultant (Wetlands): Brown Collins Synecological Analysts, Ine. Naples, Florida Environmental Consultant (Species): Roy S. DeLotelle, M.S. DeLotelle & Guthrie, Inc. Maureen S. Bonness Naples, Florida Environmental Consultant (General): Jeremy C. Sterk Hoover Planning & Development, Ine. Naples, Florida II. LOCATION: The subject property contains 950 acres more or less and is located approximately four miles east of Collier Boulevard (CR 951), lying north of 1.75. The property lies within the Royal Fakapalm Planning Community in Sections 29, 31 and 32, Township 49 South, Range 27 East, Collier County, Florida. 'lbe subject property is commonly known as the HHH Ranch. EAC Meeting of March 7, 2007 CP.2005.12 .1 61 1 A l~c;' I Pag' 2 oj20 ,f !' III. DESCRIPTIONS OF SURROUNDING PROPERTIES: ZONING: DESCRIPTION: PLANNING DESIGNATION: N - ZONING: A, Rural Agricultural. MHO, Mobile Home Overlay District. RFMUO, Rural Fringe Mixed Use Overlay District. NBMO, North Belle Meade Overlay District DESCRIPTION: Undeveloped, Vacant & Residential Land Uses PLANNING DESIGNATION: Agricultural/Rural Designation, Rural Fringe Mixed Use District, Sending Lands, and, North Belle Meade Overlay S. ZONING: A, Rural Agricultural. RFMUO, Rural Fringe Mixed Use Overlay District. NBMO, North Belle Meade Overlay District - NRP AO, Natural Resource Protection Area Overlay DESCRIPTION: Blackburn Road, the north.side frontage road along 1-75; 1.75 roadway; then undeveloped & vacant lands PLANNING DESIGNATION: Agricultural/Rural Designation, Rural Fringe Mixed Use District, Sending Lands; Belle Meade Natural Resource Protection Area (NRPA), beyond E. ZONING: A, Rural Agricultural. RFMUO, Rural Fringe Mixed Use Overlay District. NBMO, North Belle Meade Overlay District DESCRIPTION: Undeveloped & Vacant Lands PLANNING DESIGNATION: Agricultural/Rural Designation, Rural Fringe Mixed Use District, Receiving Lands, part, and North Belle Meade Overlay; Rural Fringe Mixed Use District, Sending Lands, part, and North Belle Meade Overlay; North Belle Meade NRP A, beyond W. ZONING: A, Rural Agricultural. MHO, Mobile Home Overlay District. RFMUO, Rural Fringe Mixed Use Overlay District DESCRIPTION: l\gricultural, Residential and Undeveloped Vacant Land Uses; The stub ends of Markley Avenue and Washburn Road meet the subject property, while Inez Road appears to run along a segment of its westerly boundary PLANNING DESIGNATION: Agricultural/Rural Designation, Rural Fringe Mixed Use District, Sending Lands, and North Belle Meade Overlay EAC Meeting of March 7, 2007 CI'.2005.12 1 L I ~;;1 c,.' , .' A lage U20 . I IV. PROTECT DESCRIPTION: This petition seeks to amend the Future Land Use Element (FLUE) and Future Land Use Map of the Collier County Growth Management Plan to [change the Rural Fringe Mixed Use District designation in order toJ establish the North Belle Meade Special Use Subdistrict where earth mining, asphalt and concrete batch plants and their related activities, oil extraction and related processing could be conducted or operated in Rural Fringe Mixed Use District, Sending Lands, plus allowing other land uses permitted by right, other conditional uses, and other rights permitted on lands designated as Sending Lands, all as permitted uses. The proposed text change adds new Subdistrict language in the Rural Fringe Mixed Use District, [showing the petitioner's proposed amendments in strike-through/underline format, while current Growth Management Plan language appears in plain textJ as follows: (part 1 of 3) [page 69J II. Agricultural/Rural Designation B. Rural Fringe Mixed Use District 4. North Belle Meade Special Use Area Subdistrict The North Belle Meade Special Use Area Subdistrict comprises approximatelv 950+ acres located in Sections 29, 31 and 32, Township 49, Ranqe 27 East. The North Belle Meade Special Use Area represents a transitional area located between lands desiqnated sendinq and those desiqnated Natural Resource Protection Area (NRPAl on the Future Land Use Map. The North Belle Meade Special Use Area does contain environmentallv sensitive lands: however, historic development and drainaqe due to development of Golden Gate Estates and 1-75 have lessened the environmental sensitivity of these lands. The North Belle Meade Special Use Area contains siqnificant deposits of hard limestone. which provides source material for road construction and buildinq materials. The intent of the North Belle Meade Special Use Area is to permit all uses permitted and conditional and riqhts permitted on lands desiqnated as sendinq lands. as well as earth mininq, oil extraction and related processinq, asphalt and concrete batch-makinq plants, and related uses as permitted uses. A minimum of 40% of the native veqetation present on-site shall be retained in accordance with Policy 6.1.2 of the Conservation and Coastal Manaqement Element. 4-~. Exemptions from the Rural Fringe Mixed Use District Development Standards 16/1 ""'" EAC Meeting of March 7, 2007 C1'.2005.12 laic 4 of20 ~:i The proposed text amendment revises acreage figures for the North Belle Meade Overlay, as follows: (part 2 of 3) [page 75J B. North Belle Meade Overlay 1. In General The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises ~ :t22.5 sections of land (+15,552:t 14,602 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The.. .[unchanged to end of entry.] This petition also seeks to amend the GMP's Conservation and Coastal Management Element (CCME) to reduce the amount of native vegetation retained specifically for land inside the North Belle Meade Special Use Area Subdistrict. (part 3 of 3) [page 17] [CCME] Policy 6.1,2 For the County's Rural Fringe Mixed Use District as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the natiye vegetation present, not to exceed 70% of the total site area, shall be preserved. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. ;'" '~1 L~ P4ge 5 0/20 ~ EAC Meeting of March 7, 2007 CP.2005.12 f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are collocated on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. h. North Belle Meade Special Use Area Subdistrict: A minimum of 40% of the native veoetation present. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: CP.2005.12 seeks to combine new site.specific Subdistrict planning provisions with select provisions of the Rural Fringe Mixed Use District, particularly those pertaining to Sending Lands. This combination would reintroduce certain now'prohibited land uses as they were permitted before Collier County adopted the Rural Fringe Mixed Use District, District- including mining operations for extracting earth materials. Of particular interest is that part of the proposed amendment language which would allow all Sending Lands uses - whether previously allowed either as permitted uses by right or by conditional use - as permitted uses in the new Subdistrict. Of similir interest is the part of the proposal which adds earth mining and related uses - as permitted uses. This arrangement is a significant deparrure from present planning provisions. Though not presendy allowed in Sending Lands, these uses require conditional use approval where they are allowed (e.g. RFMU Receiving Lands). [Emphasis added.] Whether the subject property remains eligible to participate in the Transfer of Development Rights (TDR) program, should be considered. Both earth mining as a conditional use and subsequent residential development (at l.d.u./5 ac.) when mining ceased would have been allowed before Rural Fringe Mixed Use provisions were adopted. The Rural Fringe Mixed Use District, now allows the transfer of that residential density thm the TDR program, but no longer allows the earth mining. If left undeveloped, a maximum of 190 Base Severance TDR Credits could be derived from the 950 ace subject property, plus another 190 Early Entry TDR Bonus Credits. Then, up to 190 Environmental Restoration and Maintenance TDR Bonus Credits could be generated by applying a Restoration and Management Plan (RMP) to the property. Finally, up to 190 EAC Meeting of March 7, 2007 CP.2005.12 1611 ,. ... ~ ,!"r Page 6420 Conveyance TD R Bonus Credits could be generated by conveying land to a federal, state or local governmental agency. These TDR credits would be available to transfer to Rural Fringe Mixed Use District, Receiving Lands or lands within the Urban Designated planning area according to the Counry's Densiry Rating System. Current Rural Fringe Mixed Use, Sending Lands provisions limit permitted uses to those most conducive to the degree of environmental value and sensitiviry for significant wetlands, uplands, and habitat for listed species: . Agricultural land uses consistent with Florida's Right to Farm Act . Detached single. family residences at a one per forry-acre densiry . Habitat preservation and conservation areas . Passive parks and recreational uses . Sporting and recreational camps . Essential services necessary to ensure public safery, and to serve the other permitted uses . Oil and gas exploration. Conditional Uses which may be approved in Rural Ftinge Mixed Use District, Sending Lands include: . Other public facilities and essential services not permitted by right . Commercial uses accessory to permitted uses . Oil and gas field development and production Conditional land uses must be planned with adequate protection of wetlands, listed species and their habitat. Rural Fringe Mixed Use District, Sending Lands provisions further limit permitted uses where residential densiry is transferred away according to the TDR program to: . Agricultural land uses consistent with Florida's Right to Farm Act . Detached single. family residences at a one per forry.acre densiry (for portions not participating in TDR program) . Habitat preservation and conservation areas . Passive parks and recreational uses . Essential services necessary to ensure public safery, and to serve the other permitted uses . Oil extraction, and related processing, excluding earth mining CP.2005.12 seeks to remove the 950 acre Subdistrict area from the North Belle Meade Overlay, as reflected by the proposed revisions to the In General section, repeated below: B. North Belle Meade Overlay 1. In General The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises ~ :t22.5 sections of land (.1 a,aa2 + 14.602 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The.. .[unchanged to end of entry.] /' 1, ,'" ',I P,Ii~17 of 20 K\C Meeting of March 7, 2007 CI'-2005.12 If approved, this revision would be a clear matter of inconsistency. Staff fInds that other subsections of the North Belle Meade Overlay will require similar acreage adjustments, if the In General section is amended. Subsection 4, Sending Areas, includes acreage figures, stating "[wlithin the NBM Overlay are :t 4,598 acres of land that are identified as Sending Areas.. .". These NBM Overlay "Sending Areas" are generally coterminous with RFMU District "Sending Lands". Removing acreage from the NBM Overlay would effectively remove the subject property from RFMU District - including the rights and privileges associated with Sending Lands. Given the construction of the Rural Fringe Mixed Use District and the North Belle Meade Overlay components of thc FLUE, staff believes it is unnecessary to revise these acreage figures. Staff also believes that the unintended consequence of severing the subject property's connection to Sending Lands provisions was not anticipated. Conservation & Coastal Management Element: CP.2005-12 seeks to reduce the amount of native vegetation retained and preserved on the 950 acre property from 80% to 40%. VI. MAJOR ISSUES: Natural Resources: The Environmental Analysis of Alternatives to Rock Mining in Collier County submitted by Synecological Analysts, Inc. with this petition is dated November 2004 - is subtided, Analysis of the Practicability of Non.Lee County Alternative Sources to Supply the Area's Demand for Basic Construction Materials (see application packet Exhibit VD.5, part). The analysis reports that, ''It]here are only a few locations in the State with geological formations that produce coarse crushed stone that meets FDOT specifications. The availability of Florida's limestone deposits is diminished by urbanization, environmental restrictions, and public opposition to mining. All available deposits in Florida are presendy being mined. From the standpoint of quality and yield per acre, Collier County is the most productive mining area locally. Alternative locations in the State could not economically replace Collier County production". The Analysis points out that, "[a]t this time, we know of no practicable technological alternatives to Collier County rock, and none have been suggested" and draws a lengthy conclusion. Their summarizing comments say that, "[p ]remature curtailment of Collier mining would cause extreme disruption of southwest Florida's construction industry and would vastly increase the cost of essential public and private infrastructure". In their Limerock Mining Resources in Collier County (see application packet Exhibit VD.5, part), the petitioner provides an overview of 'what.if scenarios for sources and availability of these materials. Application materials include a map series illustrating the distribution of mines and mine.able materials, planning and zoning constraints, and other supporting data. Environmental: EAC Meeting of March 7, 2007 CP.200S.12 1"" 6 ! , 1,4 ]pa/+of2o In their Mining: Fact Sheet (see application packet Exhibit V.D.5, part), the petitioner lists the "positive effects of mining without development" as opportunities to: . Ensure sufficient water supply for future generations . Restore hydrology . Create aquifer recharge areas . Can reestablish historic natural sheet flow . Protect land from development . Create conservation lands, and - Create habitat and food sources for all species This Fact Sheet provides an overview of the supply and demand story for these materials. Application materials include a map series illustrating the distribution of mines and mine. able materials, planning and zoning constraints, and other supporting data (see application packet Exhibit V.D.5, following fact sheets). Listed Species: The Protected Species Survey (PSS) submitted by Hoover Planning and Development, Inc. with this petition is dated May 2006 (see application packet Exhibit V.C.l), representing field time logged from May 2004 to present. Particular attention was given to the presence or absence of wading birds, gopher tortoise, red cockaded woodpeckers, and Big Cypress fox squirrels. Species observed on the subject property included: Litde Blue Heron, Snowy Egret, White Ibis and Wood Stork, among wading birds; Red.Cockaded Woodpecker and American Kestrel among other birds; Big Cypress fox squirrels and Florida Black Bear (not direcdy observed) among mammals; Gopher Tortoise among reptiles; Common Wild Pine and Butterfly Orchids among plants. Listed Species were observed utilizing the subject property, as follows: Red.Cockaded Woodpecker cavity trees and foraging habitat, with additional data collected on nesting activity and fledging; Gopher tortoise in an upland area; and, listed wading birds in the deeper wedands. FLUCCS communities identified on the site are: . Approx. 53 acres of Hydric Unimproved Pasture . Approx. 54 acres of Saw Pahnetto . Approx. 169 acres of Pine Flatwoods . Approx. 25 acres of Pine Flatwoods with Cabbage Pahn . Approx. 45 acres of Dead Pines with Cabbage Pahn . Approx. 10 acres of Pop Ash & Willow Slough . Approx. 12 acres of Hydric Melaleuca . Approx. 144 acres of Cypress . Approx. 88 acres of Cypress/Unimproved Pasture . Approx. 19 acres of Brazilian Pepper Invaded Cypress . Approx. 2 acres of Cypress with Cabbage Pahn . Approx. 301 acres of Pine.Cypress.Cabbage Pahn I I I,' rq j; '.i .1 !1 '."_1 A:rb pke 9 oJi20 Ei\C Meeting of March 7, 2007 CP.2005.12 _ Approx. 13 acres of Melaleuca Invaded Pine.Cypress.Cabbage Palm . Approx. 1 acre of Freshwater Marsh . Approx. 1 acre of Mixed Wetland Forest . Approx. 4 acres of Disturbed Lands . Approx. 6 acres of Hydric Disturbed Lands (Fence Lines) These community acreage totals indicate only the quantity or distribution of habitat - and may not be indicative of the quality, or value, of certain habitat. Environmental Services Department staff conducted an exhaustive review of the PSS (Exhibit V.C.l) along with its associated map set, the EIS (Exhibit V.C.2, part), the Wildlife and Habitat Management Plan, and the Animal Response (to mining activities) Considerations report (Exhibit V.C.2, part), provided by the petitioners, and commented on the most relevant aspects, as follows: The parcels included in this petition link the western North Belle Meade Sending lands with the eastern North Belle Meade Natural Resource Protection Area (NRPA) Sending lands. The site represents approximately 9% of the North Belle Meade Sending Lands (NRP A and non.NRPA) and contains the largest undeveloped parcels in them. Rural Fringe Sending Lands were designated as such because of their environmental sensitivity. From the Future Land Use Element (FLUE) of the Growth Management Plan: "Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Sending Lands are located entirely within the Rural Fringe Mixed Use District. . .. Based upon their location, Sending Lands are the principal target for preservation and conservation." Objective 3 of the FLUE states, "Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of' natura! and historic resources,..." In order to implement that, Policy 3.1 states "I,and Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review proccss and include the following provisions: b. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Fringe Mixed Use District through various Land Use Designations that restrict higher intensity land uses..." CCME Policy 6.2.3(4) "Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive based Transfer of Development Rights Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by EAC Meeting of March 7, 2007 CP.2005.12 1611A .., .I P;/g;'10 of20 restricting allowable uses. (Reference f'LUE Rural Fringe Mixed Use District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%. (Reftrence CCME Policy 6.7.1)" Parcels included in this petition contain some of the largest tracts of wetlands remaining in the North Belle Meade which provide foraging habitat to many species of protected wading birds including wood storks. The vital uplands surrounding the wetlands are home to two active red.cockaded woodpecker (RCW) clusters, the last of five left in the North Belle Meade. Many other listed species also utilize the site including Florida black bear, gopher tortoise, Big Cypress fox squirrel and rlorida panther. A total of eleven protected species of plants and animals are known to utilize the property. Most of the additional uses requested (earth mining, asphalt and concrete batch-making plants, and related uses) are only allowed in Industrial and Rural Agricultural zoned areas throughout Collier County. These are highly intensive uses not suitable for environmentally sensitive areas. Among other concerns, there has not been much research, which staff is aware of, as to the effects of blasting near listed species. Also, Florida slash pine trees, which the red.cockaded woodpeckers depend on for nesting and foraging, are highly sensitive to disturbance. Exhibit IV.B of the petition states"... historic development and drainage due to development of Golden Gate Estates and I.75 have lessened the environmental sensitivity of these lands." According to the EIS provided, the majority of this site is native habitat and the amount of wetlands on site has not been formally determined by the permitting agencies, only the petitioner's consultants. Therefore, without validation by State and Federal permitting agencies, Comprehensive Planning staff point out that the exact impact on wetlands and associated habitat for certain species has not been ascertained with absolute certainty. This project will impact approximately 250 acres of wetlands, if the consultant's evaluation is accurate. The petitioner plans on restoring the site to its natural condition, but two lakes totaling approximately 350 acres will remain which will offer little habitat benefit to the protected species currently utilizing the site. Comprehensive Planning staff adds that the lack of specificity lends itself to a high degree of discomfort when reviewing the totality of the petition and potential deleterious impacts on wetlands, habitat and species of concern. The proposal does not confine the mining use to any specific area or limit its size. The environmental sections of the submittal discuss wildlife benefits but do not identify any specific preserve areas. Reducing the Preservation requirement by half, as the petition proposes, would be closer to the Preservation requirements for Rural Fringe Mixed Use District, Receiving lands which were designated for more intense uses in less environmentally sensitive areas; hence a smaller amount of Preservation was required. The trucks hauling the excavation material [are proposed to] be traveling west through the southern portion of the Sending lands, which will require expansion of existing roadways to accommodate the over 400 trips per day expected for the operation. The increase in traffic oflarge trucks to the south would most likely adversely impact the RCWs. The north-south EAC Meeting of March 7, 2007 CP.2005.12 1 n Page 11 0(20 " 7 l! l! traffic of large trucks would also likely reduce the habitat value of the lands to the west of the project that are designated primary habitat by USFWS to panthers. The proposal shows locations of hard rock in Collier Counry, but the S.R. 846 mine has supposedly found hard rock on their site and this location is not represented on the graphics showing location of hard rock in the county. There could be other sources of hard rock in the county outside of the Rural Fringe Mixed Use District Sending Lands. (Environmental Services) [s]taff recommends denial of this Growth Management Plan Amendment since it is in direct conflict with the creation and purpose of the Sending Lands designation and sections of the Conservation and Coastal Management Element (CCME). Please note that the Environmental Services staff recommendation is based, in part, on the general premise that CCME Policy 1.1.6 specifies an equitable balance based on benefits and cost to public and private sector. There does not appear to be a balance of public and private interests in this proposal. The private interest of the gained use of mining does not seem to be offset by the permanent preservation and management of the un.mined portions of the property and potentially slightly less expensive source limestone for construction activities. This can only be viewed as a minor benefit to the public. It is directly of benefit in construction. This is not the only potential source, but is a practical source. Upon submittal of an updated RCW habitat management plan, the Environmental Services Department staff review added: Although it [management plan] will not be finalized until the time of development order issuance, The following comments for the resubmitted RCW habitat management plan are germane at this time, in consideration of CP.200S-12: E. Mid-story control. This should include County prohibited exotics and the FLEPPC Category 1 list at a minimum. G. Roads. This section should specify that roads shall not go through a cluster and that roads will not be built during nesting season. H. Noise Control (2) No longer prohibits clearing within 400 feet of cavity trees. Otherwise, the plan meets the GMP requirements for consistency with the USFWS South Florida Multi.Species Recovery Plan, May 1999 as required by CCME Policy 7. 1.2(2) (e) and also meets the requirements of the latest USFWS Recovery Plan for RCW, Private Lands Guidelines and slightly exceeds them by providing artificial nesting cavities. [End ofEnvironmenta/ Services Department stal/review) VII. APPLICABILITY OF CHAPTER 163. FLORIDA STATUTES AND RULE 9T-S. FLORIDA ADMINISTRATIVE CODE: Florida Statutes, Chapter 163.3177(6)(d) recognizes, "[a] conservation element for the conservation, use, and protection of natural resources in an area, including air, water, water EAC Meeting of March 7, 2007 CP.2005.12 1611A ., 1 Page 12 of20 recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources. Local governments. .." [Emphasis added.] Chapter 163.3177(11)(a) states, "[t]he Legislature recognizes the need for innovarive planning and development strategies which will address the anticipated demands of continued urbanization of Florida's coastal and other environmentally sensitive areas, and which will accommodate the development of less populated regions of the state which seek economic development and which have suitable land and water resources to accommodate growth in an environmentally acceptable manner. The Legislature further recognizes the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain economic viability of agricultural and other predominantly rural land uses, and to provide for the cost effective delivery of public facilities and services. [Emphasis added.] Chapter 163 is implemented by Florida Administrative Codes, and particularly Rule 9J.5. The administration of Chapter 9]-5 is set forth in Section 9]-5.002, Florida Administrative Code (F AC). Section 9J .5.002(2) pertains to the application of Chapter 9]-5. Section 9J. 5.002(2) acknowledges the varying complexities associated with local governments in Florida. The section enumerates a number of factors to assist local governments when applying the entirety of Chapter 9J.5 to specific situations, while taking into consideration the detail of the data and analyses, and the content of the goals, objectives and policies. In essence, the factors set forth provide local governments with some objective criteria without providing any weight for the factors in arriving at a final conclusion regarding a local government's comprehensive plan or a proposed plan amendment. Instead, Section 9]- 5.002(2)(h) states "[w]hether the provision at issue constitutes substantial progress over existing provisions regarding consistency with and furtherance of Chapter 163, Part II [Florida Statutes] . . . ." Section 9J.5.002(2)(h) might appear to be a subjective balancing litmus test; however, arguably a provision at issue must be supported by adequate data and analysis. The primary factor under consideration in CP.2005.12, the North Belle Meade Special Use Area Subdistrict (Hussey), land use petition, involves natural resources in the Rural Fringe Mixed Use District (RFMUD) Sending Lands. More specifically, Section 9J-5.002(2)(c) requires a local government to evaluate "[t]he existence of natural resource features such as groundwater recharge areas, waterwells, wedands, wildlife habitat, costal areas, areas subject to coastal flooding, and living marine resources." Section 9J.5.013(1)(a)3 pertains to identifying and analyzing natural resources, where present within the [County], including "known sources of commercially valuable minerals". Subsection (1)(a)5(h) indicates that "the potential for conservation, use or protection" of these natural resources are to be identified. Section 9]-5.013(2) pertains to conservation requirements for these natural resources. Subsection (2)(h)3 indicates that [the County] shall "conserve, appropriately use and protect minerals", and Subsection (2)(c) requires [the County] to address implementation activities for the "conservation, appropriate use and protection of areas suitable for extraction of EAC Meeting of March 7, 2007 CP-2005-12 "" h 1 'If Iage t3 of20 '. do Ii j 4, , minerals" and for the "restriction of activities known to adversely affect the survival of endangered and threatened wildlife". [Emphasis added.] A thorough evaluation of the appropriate use and protection of the North Belle Meade Special Use Area Subdistrict (Hussey) property for extraction of minerals must consider restricting activities which would adversely affect endangered and threatened species' survival. VIII, LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. IX. SUMMARIZATION AND RECOMMENDATIONS: The petitioner has provided data and analysis in order to conduct the evaluation noted above, and staff review of these materials is reported herein. Staff recommends denial of CP.200S.12 as proposed, based on our consideration of the following factors, restated from above and summarized here: . Unsupportive Factors to Consider: . It is in direct conflict with the creation and purpose of the Sending Lands designation and sections of the Conservation and Coastal Management Element (CCME). . The Subdistrict would reintroduce certain now'prohibited land uses as they were permitted before Collier County adopted the RFMU District while no information establishes justification for allowing all land uses as permitted uses. . Species observed utilizing the subject property [included] red.cockaded woodpecker cavity trees and foraging habitat, .. . gopher tortoise in an upland area, and listed wading birds in the deeper wetlands. . Parcels included in this petition contain some of the largest tracts of wetlands remaining in the North Belle Meade which provide foraging habitat to many species of protected wading birds including wood storks. The vital uplands surrounding the wetlands are home to two active red.cockaded woodpecker (RCW) clusters, the last of five left in the North Belle Meade. Many other listed species also utilize the site including Florida black bear, gopher tortoise, Big Cypress fox squirrel and Florida panther. A total of eleven protected species of plants and animals are known to utilize the property. . The increase in traffic of large trucks to the south would most likely adversely impact the RCWs... also likely reduce the habitat value of the lands to the west of the project that are designated primary habitat by USFWS to panthers. EAC Meeting of March 7, 2007 CP.21l05-12 1611.414 Page 14 rif20 . Supportive Factors to Consider: . [petitioners' study of alternatives to mining in Collier County indicates] there are only a few locations in the State with geological formations that produce coarse crushed stone that meets FDOT specifications. . [l'he same study states] from the standpoint of quality and yield per acre, Collier County is the most productive mining area locally. Alternative locations in the State could not economically replace Collier County production. . At this time, we [the Petitioners] know of no practicahle technological alternatives to Collier County rock, and none have been suggested. . Premature curtailment of Collier mining would cause extreme disruption of southwest Florida's construction industry and would vastly increase the cost of essential public and private infrastructure. . CCME Policy 1.1.6 specifies an equitable balance based on benefits and cost to public and private sector. . The "positive effects of mining without development" are opportunities to: . Ensure sufficient water supply for future generations . Restore hydrology . Create aquifer recharge areas . Reestablish historic natural sheet flow . Protect land from development - Create conservation lands, and . Create habitat and food sources for all species . Chapter 163, F.S. .. . recognizes the need for innovative planning and development strategies which will address the anticipated demands of continued urbanization of Florida's coastal and other environmentally sensitive areas, protect environmentally sensitive areas... and provide for the cost effective delivery of public facilities and services. . Section 9]-5, F.A.C. .. . indicates that [the County] shall conserve, appropriarely use and protect minerals, and areas suitable for extraction of minerals, and [restrict] activities known to adversely affect the survival of endangered and threatened wildlife. . The appropriate use and protection of the North Belle Meade Special Use Area Subdistrict property... must consider restricting activities which would adversely affect endangered and threatened species' survival. . Particular attention was given to the presence or absence of wading birds, gopher tortoise, red.cockaded woodpeckers, and Big Cypress fox squirrels. . The RCW habitat management plan should include [mid.story control of! County prohibited exotics, roads [that do] not go through a cluster and [will not] be built during nesting season, and [noise control by prohibiting] clearing within 400 feet of cavity trees. EAC Meeting of March 7, 2007 C1'-2005-12 1fr~./j J "'" f JPage 15 of20 . The [RCW habitat management] plan meets requirements for consistency with the. .. Florida Multi.Species Recovery Plan... and the latest USFWS Recovery Plan for RCW, Private] ,ands Guidelines and slightly exceeds them. . The exact impact on wetlands and associated habitat for certain species has not been ascertained with absolute certainty. . Sending Lands provisions limit permitted uses to those most conducive to the degree of environmental value and sensitivity for significant wetlands, uplands, and habitat for listed specIes. . Conditional land uses must be planned with adequate protection of wetlands, listed species and their habitat. Staff also believes however, that a proper balance of appropriate uses could be achieved between an earth mining operation and the sensitive natural areas and habitat it would impose upon, provided with the appropriate set of revisions, stipulations and conditions. Jf the Environmental Advisory Council chooses to make a recommendation for approval of CP-2005.12, staff recommends that motion be made with the following revisions and stipulations: The revised text amendment [showing the staffs revisions in double strike. through/ double underline format], to read as follows: (part 1 of 3) [page 69] II. Agricultural/Rural Designation B. Rural Fringe Mixed Use District 4. North Belle Meade Special Use Area Subdistrict The North Belle Meade Special Use Area Subdistrict comprises approximatelv 950... acres located in Sections 29, 31 and 32, Township 49, Ranqe 27 East. The ~leFlR Bells ~1saBs ailsGial'.Jss t.rsi! Subdistrict represents a Sendina lands transitional area located between lands desiqnated Seendinq and those desiqnated Natural Resource Protection Area (NRPAl on the Future land Use Map. The North Belle Meade Special Use Area does contain environmentallv sensitive lands; however, historic Bs"elelilFReRt land uses and drainaqe due to development of Golden Gate Estates and 1-75 mav have lessened the environmental sensitivitv of these lands. The North Belle Meade Special Use Area contains sianificant deposits of hard limestone, which provides source material for road construction and buildina materials. The ~ Duroose of the North Belle Meade Special Use Area Subdistrict is to ~ allow all uses permitted bv riaht aRE! bv conditional use and riqhts permitted on lands desianated as Seendinq L1ands. , as 'Nell as The Subdistrict also allows earth minina. oil extraction and related processinq, asphalt and concrete batch-makinq plants. and related uses as ilsfFRitte8 conditional uses. A minimum of 40% of the native veqetation b\.C Meeting of March 7, 2007 CP-2005-12 t<~"1l~ . .. .. Page 16 0/20 present on-site shall be retained in accordance with Policv 6.1.2 of the Conservation and Coastal Manaaement Element. 4-5. Exemptions from the Rural Fringe Mixed Use District Development Standards (part 2 of 3) [page 75] i. ~18RI:I B811s Meade OV8Flay 1. In CSR8ral TR8 ~J8RR a8118 ~18a88 area is sblrr8~R888 BY LeiseR Cate .states t8 iRS FleRR, e8st, BRa '"'8St aRa I :818 iRe 891<s1tR. 1=lx1is area, 88Si!)Rate8 as tR8 ~J8r;tR ~8119 ~18a€f8 Q"8r]a~', 88mJHis86 -L 24 22.8 88EitisRG sf laRa (i 1ii,is2 14 .~92 8Sr:88, 88~8R8iR~ SF) tRB size sf iR€li':isl;;Ial 88eti8Rs) BRS is 88pistes SA iRe p~tl;JF8 laRa b1ss ~1a~ etRS ~J8FtR Iaelle Mease O':8rla~' Ma~. TRS...[MRBRBR888 18 BRa sf 8Rb'/.] (part 3 of 3) [page 17] [CCME] Policy 6.1.2 For the County's Rural Fringe Mixed Use District as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native yegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record L~C Meeting of March 7, 2007 C1'-2005-12 16 I 1A 1 lWage 170120 C. which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are collocated on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. h. North Belle Meade Special Use Area Subdistrict: A minimum of 40% of the native veqetation present. and an additional 40% shall be mitiqated off-site accordinq to a mitiqation plan aooroved bv the Countv and which must equal or exceed - both in quantitv and qualitv - the site area where habitat or native veqetation is disturbed and would otherwise be retained or preserved. With the following stipulations: 1. Require off-site mitigation for the percentage of native vegetation not preserved or retained on site, up to the amount required outside the NBM Special Use Area Subdistrict in Sending Lands (80%, non-NRPA). Off-site mitigation is appropriate, if conducted where habitat is as important, or more important. As baseline criteria, the quality, protectability, preservability characteristics of the habitat which will be disturbed or destroyed, must be equaled or exceeded - both in quantity and quality - by the characteristics of the land to be used for off-site mitigation. As an example, if development or operations disturb panther habitat where prey species abound, then mitigation measures should: enhance other known panther habitat; take place on, or adjacent to, quality habitat; introduce flora suitable for target species; enhance localized populations of prey species; and so forth. 2. The optimal extraction and production of hard rock resources is goal. Consider regulatory limitations which inhibit mining operations in some manner - such as providing methods to allow limited and controlled mining of desirable materials that underlie the standard, wide, undisturbed buffer strips lying equidistant from property boundaries where significant wetlands, uplands or habitat for listed species will not be disturbed. 3. Require over-mitigation and over-restoration, and better than a no-net-Ioss results, with focus on minimizing both short-term and long-term impacts of mining operations. EAC Meeting of March 7, 2007 CP-2005-12 ! ?in '1' ,i" . 4, 18of20 4. Introduce innovative oDerating strategies: Choose and use haul routes carefully; prohibit night hauling [no to or from, empty or loaded, trips before sunrise or after sunset]; require additional "shelf' at mine edges preserved for eventual littoral zone when excavations become lakes; provide artificial cavity structures to encourage continued/ additional nesting opportunities. 5. Introduce innovative restoration strategies: Require operators to introduce and re- introduce increased populations of prey species, where displaced species will be encouraged to return to altered mine areas; require oversized littoral zones to be established when excavations become lakes; stock certain fish or other food sources where birds and mammals will eventually return to feed/ forage; plant certain food sources / foraging opportunities as returning wildlife attractors. 6. Introduce innovative mitigation strategies: Require operators to introduce and re- introduce increased populations of prey species, where off-site mitigation occurs; same for other elements of mitigation such as roosting and nesting, bedding, foraging or feeding, habitat and structure. 7. Introduce Regional or Countywide strategies and practices aimed at reducing the impact of such mining operations: Significandy reduce speed limits on roadways wherever nocturnal species range; incentive-ize operators to establish projects and provide earth materials for other environmentally significant projects, such as sand appropriate for beach renourishment; incentive-ize operators to establish projects and provide otherwise to-be-recycled materials for other environmentally significant projects, such as concrete bridge or building components appropriate for artificial reefs, off-shore fishing structure, shrimp & crab habitat, and hurricane protection devices & barriers; incentive-ize operators to provide earth materials, fmal product or otherwise to-be-recycled materials appropriate for other projects, such as bridges, weir, locks, dams, inland storm shelters, park-n-ride transfer lots, shallow water ports and rail bed. 8. Prohibit all residential development on the subject property. 9. Prohibit participation in the Transfer of Development Rights (TDR) program. 10. At the time of Conditional Use submittal, details must be provided as to the areas to be mined, areas to be preserved, and listed species management plans (including the Red-Cockaded Woodpecker). 11. The acreage involved in mining and mining-related activities will be capped at 350 acres (or another more-accurate figure), including any other land uses requiring Conditional Use approval. These stipulations will be reformatted and written as conditions applicable to an earth mining, or other, Conditional Use. EAC Meeting of March 7, 2007 CP-2005.12 16 11A 1 Ltge19of2o Note: If the EAC considm mommending the limited participation in the County's TDR program, staff has prepared an alternate version of stipulation 9, as follows: 9a. Prohibit participation in the Transjir of Development Rights (TDR) program where mining or mining-related activittes occur. 9b. Allow participation in the TDR program where mining or mining-related activities do not occur. ~~,. ."/ ~ Page 20 0(20 "A 11~ EAC Meeting of March 7, 2007 CI'-2005-12 j; cOo J1, .~. PREPARED BY: CORBY SCHMIDT, PRINCIPAL PLANNER DATE REVIEWED BY: DAVID C.WEEKS, AICP DATE COMPREHENSIVE PLANNING DEPARTMENT, PLANNING MANAGER RA.NDALL COHEN, AICP COMPREHENSIVE PLANNING DEPARTMENT, DIRECTOR DATE WILLIAM D. LORENZ,Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT, DIRECTOR DATE MARJORIE M. STUDENT. STIRLING OFFICE OF THE COLLIER COUNTY A TfORNEY ASSISTANT COUNTY A rrORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition No.: CP-200S-12 C: SUSAN MURRAY, AICP, ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT DIRECTOR 16 , 1 A Ilhtem VI.F ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7. 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition N arne: Cl'SP-2005-15 THOROUGHFARE CORRIDOR PROTECTION PLANS Applicant: Don Scott, Director Collier County Ttansportation Planning Dept. II, LOCATION: The proposed Growth Management Plan amendment is not specific to a certain location. III, PROTECT DESCRIPTION: The proposed text change seeks to amend the Transportation Element of the Collier County Growth Management Plan to establish thoroughfare corridor protection and preservation planning, through related plans, maps, tables and ordinances, as follows: [Note: Current Transportation Element language appears below in plain text, the petitioner's proposed amendments are shown in strike-through/underline format.] Proposed Transportation Element Text Amendment: [page 13] OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right-of-ways. [Note: No revisions to Policies 3.1 through 3.4 are proposed.] Policy 3.5 Within one vear of the effective date of this amendment, the County shall prepare and adopt a Thorouahfare Corridor Protection Plan (TCPP) ordinance and land development reaulations that: .L identifies. in detail. corridors necessarv to develop the County roadway network shown on the Countv's Lona Ranae Transportation Plan. and 2. adopt, Corridor Preservation Maps, Corridor Preservation Tables. Critical Intersection Maps and Critical Intersection Tables: and ~ limit the uses of land within the reauired corridor: and 4. provide for an annual update of all necessarv maps and tables: and EAC J\[ceting of March 7, 2007 CPSP .2005-15 in J I, ".,_ J.f,>age2of4 5. provide for an approval process bv the Board of Countv Commissioners for new or expanded corridors and intersections: and 6. provide a process for advanced reservation. donation, dedication or anv other means of conveyance by an affected property owner to the County for land included within protected areas. For the purposes of this Policv. protected thorouahfares shall include: 1." the reauired corridors on either side of the center line of an existina or planned roadway: or b reauired corridors for roadway or alternative transportation networks for which no centerline has been established: or 3. corridors for future roadways or alternative transportation networks which have been identified throuah corridor studies: or 4. protected areas at critical intersections includina but not limited to proposed arade separated intersections. All of the above must be consistent with the currently adopted Lona Ranae Transportation Plan and Chapter 336.02 of the Florida Statues. Policy 3.6 In the event of any type of riaht-of-way acauisition or reservation for all purposes included for the construction of transportation facilities by any federal. state. or local transportation department. authority. or aaency. the reauirements for bufferina. native veaetation retention, preserve, setback and open space andlor any other reauirements set forth in the Growth Manaaement Plan or Land Development Code that would be affected by such riaht-of-way acauisition or reservation may be reduced. modified or eliminated as a result of the acauisition or protection activities. Such reductions, modifications or eliminations shall be approved by the Board of County Commissioners. Any modifications or reductions that conflict with any other reauirements of the Growth Manaaement Plan must be brouaht to the Board of County Commissioners for interpretation and approval. This proposed Growth Management Plan Amendment does not involve adopting the Thoroughfare Corridor Protection Plan, a Transportation Corridor Preservation Map, Corridor Preservation Tables, Critical Intersection Tables or Ordinances, themselves. This GMP A does however, establish the means for preparing, adopting and updating these items consistent with Florida Statutes, as separate documents at later dates. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: Transportation Element: The Transportation Element goal to "plan for, develop and operate a safe, efficient, and cost effective transportation system that provides for both the motorized and non-motorized movement of people and goods throughout the County" is followed by the working objective to "provide for the protection and acquisition of existing and future rights-of-way". Policy 3.1 indicates that the County has "implemented [and maintains] an advanced Right- of-Way Preservation and Acquisition Program". The proposed amendments for additional EAC Meeting of March 7, 2007 CPSl'-2005-15 J~ ~'- .~ ':'1M Page3 of4 Policies in the Transportation Element further these efforts by identifying the corridors where rights.of.way and roadways will eventually be located, in accordance with a Thoroughfare Corridor Protection Plan (fCPP). V. MAJOR ISSUES: The Comprehensive Planning staff has no major issues concerning CPSP-200S-1S. VI. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. VII. RECOMMENDATIONS: Staff recommends approval of CPSp-200S-1S. EAC ~ieeting of March 7, 2007 CP:;P-2005-15 161',. 1 ~.j ,4'~, ~ ~\ ,. ;Page 4 if 4 PREPARED BY: CORBY SCHMIDT, PRINCIPAL PLANNER DATE REVIEWED BY: DAVIDC.WEEKS,AICP DATE COMPREHENSIVE PLANNING DEPARTMENT, PLANNING MANAGER RANDALL COHEN, AICP COMPREHENSIVE PLANNING DEPARTMENT, DIRECTOR DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT, DIRECTOR DATE MARJORIE M. STUDENT.STIRLING OFFICE OF THE COLLIER COUNIY ATTORNEY ASSISTANT COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition No.: CPSP-2005-15 C SUSAN MURRAY, AICP, ZONING AND L\.ND DEVELOPMENT REVIEW DEPARTMENT DIRECTOR if .1 A 14. Item VII.C ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF March 7. 2007 I. NAME OF PETITIONER/PROJECT Petition No.: PUDZ 2005-AR-7804 Petition Name: IMMOKALEE ROAD SOUTH MPUD Applicant/Developer: RESOURCE CONSERVATION PROPERTIES, MANAGING PARTNER OF THE ESTATES OF TWIN EAGLES, LTD Engineering Consultant: RWA, INC Environmental Consultant: WILSON MILLER II. LOCATION The subject property is located on the south side of Immokalee Road (County Road 846), east of Collier Boulevard (County Road 951), in Sections 29, 30, 31 and 32, Township 48 Soufh, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - Agriculture (A) Immokalee Road, then Twin Eagles, a developing golf course community S - Estates (E) Proposed Vanderbilt Beach Road extension and a canal, then scattered, developed single. family home sites E . Agriculture with a Mobile Home Overlay agricultural operations and single family homesites W - Agriculture with a Mobile Home Overlay home sites agricultural operations and a mixture of mobile home and conventional single family IV. PROJECT DESCRIPTION EAC Meeting 16 11A 1 h ! Page 2 of21 The pelItlOner seeks to rezone 563:1:: acres from A-MHO-RFMUO (Rural Agricultural-Mobile Home Overlay-Rural Fringe Mixed Use Overlay) to MPUD- RFMUO (Mixed-Use Planned Unit Development-Rural Fringe Mixed Use Overlay) to allow development of a Rural Village, as that term is defined in the LDC. The Rural Village will consist of a minimum of 939 dwelling units and a maximum of 1,407 dwelling units; two neighborhood centers totaling 4.69 acres, with no more than 15,980 square feet of commercial/office uses; a Village Center totaling 46.94:1:: acres, with no more than 140,800 square feet of commercial/office uses; and, over 199.43 acres oflakes, preserves, and greenbelt. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Agricultural/Rural, Rural Fringe Mixed-Use District (RFMUD), Receiving Lands on 469:1:: acres, Agricultural/Rural, Rural Fringe Mixed-Use District, Sending Lands on 79:1:: acres, and Agricultural/Rural, Rural Fringe Mixed-Use District, Neutral Lands on 15:1: acres. Relevant to the RFMUD, the district employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. Specifically, the RFMUD allows development in the form of a Rural Village on lands designated Receivinf!, subject to certain criteria and development standards. The applicant proposes to develop a Rural Village on both Receiving and Neutral Lands, inconsistent with FLUE provisions. The Rural Village, including the required greenbelt, preserve, open space, structures, parking, and etc. is proposed within the project's Receiving Lands. However, a water management lake - an integral component of the Rural Village - is proposed on Neutral Lands. The FLUE and LDC provisions allow Rural Village development on Receiving Lands only, not Neutral Lands. The applicant contends that the water management lake located on the Neutral Lands portion of the project, will in part, provide for storm water runoff/retention from the project's required primary roadway. Staff's position is if the drainage is only necessitated by the roadway, then the use of the Neutral Lands for this purpose would be consistent with the FLUE and the LDe. However, if the drainage area is needed for the Rural Village development then the storm water management area must be located on Receiving Lands, not on Neutral Lands. As noted in the Statement of Compliance the water management lake located on Neutral Lands will not only serve the roadway, but the Rural Village itself EAC Meeting :1 ... I ^..", Page 3 0[21 Therefore it is staff's position that the water management on Neutral Lands is not consistent with the FLUE. The Rural Village must be consistent with the Collier County Future Land Use Element, RFMUD, Receiving Lands and the Land Development Code, RFMU zoning overlay provisions. The relevant FLUE provisions are stated below, followed by staffs analysis in italics. Locational Restrictions: I. A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. The subject petition is the first application for a rural village within the RFMUD. 2. No more than one Rural Village may be located in each of the distinct Receiving Areas depicted on the FLUM. The subject petition is the only rural village proposedfor this Receiving area. 3. A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. The subject project has direct access to Immokalee Rd. (C.R. 846), a principal arterial, and is providing a primary roadway, which the developer commilled to construct at the time of the Growth Management Plan Amendment approval in 2004. This required roadway will run through the rural village between C.R. 846 andfuture Vanderbilt Beach Rd. extension. (It should be noted that during the Comprehensive Plan Amendment review stage, Transportation Planning staff determined that the project would necessitate a 4-lane divided section with 6-feet sidewalks and bike lanes in order to be consistent with the Transportation Element, Policy 5.1. Comprehensive Planning staff defers to Transportation Planning staff for project consistency with this roadway/sidewalk requirement.) 4. A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exists or are planned. The subject property is located within the County's water and sewer service area as identified in figure PW-2 in the Potable Water Sub element and figure SS-2 in the Sanitary Sewer Sub element. The Public Utilities Division plans to extend water and sewer facilities to the subject area. EAC Meeting 16'lA14 Page 4 of21 Rural Village Sizes and Densitv: I. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within Receiving Lands south of the Belle Meade NRP A where the maximum size may not exceed 2,500 acres. The Rural Village size is exclusive of the required green belt area. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods. The proposed rural village is 469.40 acres and includes a perimeter greenbelt (166.80 acres), village center (46.94 acres), and three residential neighborhoods (totaling 200.03 acres). 2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per gross acre and 3.0 units per acre, respectively. The density calculation for a Rural Village may include the base residential density permitted for the greenbelt area, if such density is shifted to the Rural Village area. The petitioner proposes to develop a minimum of 939 units (2.00 DUIA) and a maximum of 1,407 units (2.997 DUlA). The minimum and maximum number of residential units proposed, and resulting density, is consistent with the minimum and maximum gross density allowed in the rural village (Minimum: 469.40i. acres x 2.00 DUIA = 938.8 or 939 DUs and Maximum: 469.40+ acres x 2.997 DUlA = 1,406.79 or 1,407 DUs). 3. Density shall be achieved as follows: a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt sun-ounding the Rural Village, is granted by right for allocation within the designated Rural Village. The base density derived from the project's Receiving Lands is 94 (93.88) dwelling units (469.40 + acres X.2 DUlA). b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by any combination of TDR Credits and TDR Bonus Credits. For each TDR Credit acquired for use in achieving the minimum density in a Rural Village, one Rural Village bonus unit shall be granted. This provision will be monitored at the time of TDR redemption, which will occur atfinal Plat or SDP. EAC Meeting " ,.!~~ C~' 't I "'I " Ji .i.'1. Page5of21 c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: I) Additional TDR Credits. 2) TDR Bonus Credits 3) A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. 4) A density bonus of no more Iban 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 5) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5(6) b of the CCME. These TDR density allowances will be monitored at the time ofTDR redemption, which will occur at final Plat or SDP. Land Use Mix: 1. Acreage Limitations a) Neighborhood Center - 0.5% of the total Village acreage, not to exceed 10 acres, within each Neighborhood Center. The petitioner is proposing to develop two neighborhood centers totaling 4.69+ acres. The proposed neighborhood center acreage is consistent with the FLUE. b) Neighborhood Center Commercial - Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. The petitioner is proposing to develop two neighborhood centers totaling 4.69 acres with a maximum of 15,980 square feet of commercial/office uses. Commercial development within the neighborhood centers is limited to 1.88 acres or .94 acres per center with no more than 7,990 sq. ft. of commercial/office uses. The proposed neighborhood center commercial acreage and gross leasable square feet is consistent with FLUE provisions. c) Village Center - Not to exceed 10% of Ibe total Village acreage. According to the PUD Master Plan and PUD document, the proposed village center is 46.94 acres. The proposed village center acreage is EAC Meeting 16'lA llg, Page 6 of21 consistent with FLUE provisions. d) Village Center Commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. The petitioner proposes to develop the village center with 140,800 square feet of commercial/office uses on 14.08 acres. The proposed village center commercial acreage and square feet is consistent with FLUE provisions. e) Research and Technology Parks - Consistent with the provisions of the Research and Technology Park Subdistrict in the Urban Mixed Use District, excluding paragraphj; the Park shall not exceed 4% of the total Village acreage. This provision is not applicable to this petition, as an R & T Park is not proposed. f) Civic Uses and Public Parks - Minimum of 10% of the total Village acreage. Approximately 46.94 acres have been allocated for civic and park uses within the residential and commercial areas of the PUD, consistent with FLUE requirements. Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens, and other open space within the Rural Village, a greenbelt averaging 300 feet in width but not less than 200 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanent un-developable edge sun-ounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only be designated on Receiving Lands. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. The greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for well field or aquifer protection, Golf courses and existing agriculture operations are permitted within the greenbelt, subject to the native vegetation preservation requirements specified below in paragraph 2. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared, or disturbed areas (see CCME Policy 6.1.2(1 )). EAC Meeting Jl 6 i i': '" Page 7 0[21 The petitioner proposes to include a 166.80 acre greenbelt, averaging 300 feet in width but not less than 200 feet in width, around the perimeter of the rural village. The petitioner did not provide greenbelt dimensions; however, based on staff calculations it appears that the proposed greenbelt width and acreage are consistent with FLUE provisions. Open Space and Native Vegetation Retention. a) Native Vegetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.1.2. Comprehensive Planning staff defers to Environmental Services staff for project consistency with CCME Policies. b) Open Space: Within the Rural Village and required Greenbelt, III aggregate, a minimum of 40% of Open Space shall be provided. The subject project is required to provide at least 187.76+ acres of open space. Approximately 199.43 acres of open space is identified on the MPUD Master Plan. c) An environmental impact statement for the Rural Village and surrounding greenbelt area shall be submitted in accordance with Policy 6.1.7 of the CCME. Comprehensive Planning staff defers to Environmental Services staff for project consistency with CCME Policies. Fiscal Neutralitv: A Rural Village may only be approved after demonstration that the Village will be fiscally neutral to county taxpayers outside of the Village. 1. An analysis shall be conducted and submitted in conjunction with the PUD rezone andlor DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Village. Additionally, this analysis shall demonstrate that the costs of providing necessary facilities and services shall be fiscally neutral to County taxpayers outside of the Village. At a minimum, the analysis shall consider the following: [FLUE text is bold followed by staff responses in italics] a) Stormwater/drainage facilities; The applicant states "the project is being designed and permitted in accordance with the most stringent water quality criteria existing under EAC Meeting Page 8 0[21 16fl~14 current law. Additionally 50% of the required water quality treatment is provided in the design of the system. All discharges to the Big Cypress Canal system proposed are at pre-development rates at pre-development locations " ~ no impacts to the County. b) Potable water provisions and facilities; The project will be served by the Orange Tree Utility until approximately 2012, at which time the facility is expected to be turned over to Collier County. The property owners within the Village will be responsible for connections fees to the Orange Tree Utility and then again to Collier County in 2012. The analysis indicates that revenues generated by user fees will cover operational expenses. c) Reuse or "Grey" water provisions for irrigation; Reuse water is not available to serve this project. Wells and/or potable water will be used for project irrigation. This project will increase the demand on water supplies; however, it is expected that there will be an adequate water supply available to support the project's demand. d) Central sewer provisions and facilities; The project will be served by the Orange Tree Utility until approximately 2012, at which time the facility is expected to be turned over to Collier County. The property owners within the Village will be responsible for connections fees to the Orange Tree Utility and then again to Collier County in 2012. The analysis indicates that revenues generated by user fees will cover operational expenses. e) Park facilities; The analysis indicates that during the 5-year development phase (2008- 2012) the projected Capital Revenues ($3,890,533) for park facilities exceed projected Capital Expenses ($1,709,505) - no impact to the County. The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. f) Law enforcement facilities; The analysis indicates that during the 5-year development phase (2008- 2012) the projected Capital Revenues ($176,775) for law enforcement facilities exceed the projected Capital Expenses ($101,918) - no impact to the County. The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. EAC Meeting 1611A'" Page 9 0[21 g) School facilities; The analysis indicates that at the end of the 5-year development phase (2012) the Village will generate approximately 319 new students. According to the analysis, this figure remains unchanged twenty and thirty years beyond build-out. There are two methods to determine student related impacts; cost of student stations and financed cost of student stations. The financed cost of student stations alternative methodology was used by the applicant to determine impacts created by this project. The analysis indicates that over the 5-year development phase (2008-2012) the projected Capital Revenues ($10,321,462) for schools will exceed the projected Capital Expenses ($7,391,077). Thefiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. [Capital Expenditures are estimated at $12,993,506 using the cost of student station methodology over the 5-year development phase.} h) Roads, transit, bicycle and pedestrian facilities and pathways; The analysis indicates that during the 5-year development phase (2008- 2012) projected Capital Revenues ($16,262,078) for roadways will be insufficient to cover Capital Expenses ($23,610,260), despite an anticipated monetary contribution of $4.46 million from the developer in year 2010 ($1.56 million for right-of-way costs and $2.9 million for design, permitting, and construction of the two-lane primary roadway). The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes and gas taxes. i) Solid Waste facilities. The demand on solid waste facilities will increase as a result of this approval. However, the analysis indicates that revenues generated by user fees will offset impacts. Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program. Accordingly, there shall be no degradation to the adopted level of service for public facilities and infrastructure identified above. The Future Land Use Element states "A Rural Villaf!e mav onlv be aooroved afier demonstration that the Villaf!e will be fiscallv neutral to countv taxoavers outside of the Villaf!e. " Staff believes the intent of this provision is that a project must be fiscally neutral from its inception, not at some point in the future, years after EAC Meeting 16 A14 Page 10 0[21 project approval and development impacts have occurred. When negative impacts are identified in a project's fiscal impact analysis, such as funding shortages or degradation of adopted levels of service, then measures must be undertaken by the applicant to remedy these impacts. Impacts may be lessened or eliminated through project phasing, developer contributions, or other Board-approved measures. The fiscal impact analysis provided for this petition identifies a shortage in Capital Revenues for roadways, resulting from the approval of this Rural Village. The analysis identifies a developer contribution of $4.6 million in year 2010 that will help defray costs associated with these impacts, but does not render the Development fiscally neutral to county taxpayers outside the Rural Village. The analysis does not state with certainty when the project will become fiscally neutral to the county taxpayers. As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center, Rural Villages shall incorporate a village park and neighborhood parks. In addition, the following shall be addressed: Rural Village, Village Center and neighborhood design guidelines and development standards: . A formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. Specific compliance will be determined during Plat and SDP review. . Neighborhoods and the village center will be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. Specific compliance will be determined during Plat and SDP review. . Consideration shall be given to the location of public transit and school bus stops. Specific compliance will be determined during Plat and SDP review. . Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. Specific compliance will be determined during Plat and SDP review. . The siting of both schools and housing units within the village shall consider the minimization of busing needs within the community. This provision is not applicable to this project. The Collier County School Board has not requested that a school be located within this rural village. The School Board plans to construct an elementary school and middle school in close proximity to this project. The developer will coordinate with the County and EAC Meeting 16 11 .... ",L-, Page 11 0[21 School Board on the alignment of the "primary roadway", adjacent to the School Board's property. . Each Rural Village shall be served by a primary road system that is accessible by the public and shall not be gated. The road system within the village shall be designed to meet County standards and shall be dedicated to the public. The primary roadway running through the rural village connecting Immokalee Rd. to Vanderbilt Beach Rd. extension is identified as a public roadway in Section II of the MPUD. This roadway shall be public, constructed to county standards, and shall not be gated. . A Rural Village shall not be split by an arterial roadway. The proposed primary roadway through the rural village is neither intended to be classified nor function as an arterial roadway. . Interconnection between the Rural Village and adjacent developments shall be encouraged. The petitioner originally proposed a project interconnection to the adjacent Neutral Lands east of the project boundary via an existing access road (MPUD dated 6/12/06). Staff's understanding is that the interconnection/access road was intended to serve three individually owned properties located internal to the project boundaries as well as to potentially provide an interconnection to other neighboring properties. The three properties, however, have since been acquired by the petitioner and incorporated into the project for use as a water management area. Consequently, the interconnection is no longer provided and no other interconnections to neighboring properties have been proposed for the project. The original interconnection potentially provided direct access from the neighboring properties to the Village's spine road, linking the area to commercial development and the proposed school and park site. This interconnection potentially could have decreased the number of trips on Immokalee Rd. and future Vanderbilt Beach Rd. extension. It should be noted that project interconnections are necessary for improving the overall transportation network in the County. Interconnections provide alternative transportation routes to adjacent properties, thereby reducing the number of trips on already congested roadways, such as Immokalee Rd. The Growth Management Plan encourages project interconnections and staff believes that there are opportunities for interconnections to the east and west of the subject site. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: . A mixture of housing types, including single-family attached and detached, as well as multi-family. Housing that is provided for lower income residents and for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee-simple market rates that will qualify for such a credit, and a system for tracking such credits. EAC Meeting ,~ 1 4. "'. Page 12 0[21 The MPUD provides for a mixture of housing types including affordable- workforce housing (2 DU/A or 94 DUs), as required by the Collier County Land Development Code (LDC). . A mixture of recreational uses, including parks and village greens. The proposed rural village is required to have a minimum of 46.94+ acres of civic uses and public parks. Recreational uses, including parks, are referenced in the MPUD as permitted uses and a note has been added on the PUD Master Plan to require this mixture of uses. . Civic, community, and other institutional uses. The proposed rural village is required to have a minimum of 46.94+ acres of civic uses and public parks. Civic uses are referenced in the MPUD as permitted uses and the required acreage allocations are identified on the Site Summary Table on the PUD Master Plan. . A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Centers. Specific compliance will be determined during Plat and SDP review. . A mixture of retail, office, and services uses. The MPUD provides for a mixture of retail, office and service uses within the neighborhood centers and village center. . Specific development standards, including but not limited to, maximum net densities; required yards; landscaping and buffering, and building heights. The MPUD provides for specific development standards for residential, non- residential, and commercial development within the rural village. 4. If requested by the Collier County School Board during the PUD andlor DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools. Accordingly, schools, if requested, shall be located within or adjacent to the Village Center. Where a school site is requested and provided, a credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land andlor improvements provided by the developer. This provision is not applicable to this petition; the Collier County School Board did not request a school site within this rural village. Conclusion: (a) The minimum and maximum densities and the proposed project acreages and land uses, except the water management lake proposed on Neutral Lands, may be deemed consistent with the FLUE. The proposed development of the Neutral EAC Meeting !! -- /t'~' "! Page 13 0[21 Lands for a water management lake intended to, in part, support the Rural Village development is inconsistent with the FLUE. (b) The project as proposed is not fiscally neutral to county taxpayers outside the Rural Village, as required by the FLUE. The fiscal analysis provided, identifies shortages in Capital Revenues, specifically for roads. Stipulations: 1. Revise Statement of Compliance #1. Paragraph 3. to read: "Affordable-workforce housing will be provided as follows: 47 dwelling units affordable to families at or below 80% of median income and 47 dwelling units affordable to families at or below 100% of median income. Construction of28 affordable-workforce units must commence before 35% of the minimum required number of units to be constructed (939 units) receive a Certificate of Occupancy (CO) and construction of all affordable-workforce units must commence before 75% of the minimum required number of units to be constructed (939 units) receive a CO." 2. Relocate the following portion of Paragraph 3. Statement of Compliance #1 to Section VIII of the PUD - Developer Commitments: "Resale of units will be restricted for a period of 15 years; in the event of the sale of any unit before that time, 50% of the net gain from such sale shall be paid from the seller to the Affordable Housing Trust Fund or similar entity at the direction of Collier County. Workforce housing may be provided on a rental basis provided any tenant qualifies under the appropriate percentage of median income determined by the Department of Operational Support and Housing." B. Conservation & Coastal Manal!ement Element GOAL 2: The County shall protect its surface and estuarine water resources. Objective 2.2. ofthe Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. " This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and EAC Meeting 1611 ~llt Page 140[21 interconnected wetlands to provide water quality retention and peak flow attenuation during storm event. GOAL 6: The County shall identify. protect. conserve and appropriately use its native vegetative communities and wildlife habitat. The Immokalee Road South rural village consists of 469 acres of receiving area, 15 acres of neutral area adjacent to the village, and 79 acres of sending area located south of the rural village. Receiving areas require 25% of the total area of native vegetation to be preserved, which would result in 117.3 acres of preservation (25% of the 469 total receiving area). Neutral areas require 45% of the total area to be preserved, or 60% of the existing native habitat, whichever is less. In this case, 45% of the neutral parcel equals 6.7 acres required to be preserved. Sending areas require 80% of the total area of native vegetation to be preserved, which would result in 63.4 acres of preservation (80% of the 79 total sending area). GOAL 7: The County shall protect and conserve its fisheries and wildlife. The project is not located within the Conservation Designation on the Future Land Use Map, the Big Cypress Area of Critical State Concern, the Natural Resources Protection Area, Sending Lands, or Habitat Stewardship Areas. Approximately three (3) gopher tortoises occur on the site. Locations of their burrows are provided on Figure 3 of the Habitat and Listed Species Survey Report in Exhibit F of the EIS. Although no panthers have been observed on site and no panther telemetry points are located on site, potential secondary impacts to the species may warrant off-site mitigation. Also FWC may require off-site mitigation for impacts to habitat used by the Florida black bear, which was observed on site. This mitigation would also adequately off-set potential impacts to Florida panther and Big Cypress fox squirrel habitat, two species that have the potential to occur onsite, but have not been observed. The wood stork and indigo snake were not observed onsite, but do have the potential to exist on the site. No other state or federally listed wildlife have been documented on the project site. Additional species-specific management plans may be generated during the state Environmental Resource Permit review process for species that may have the potential to use the site, but were not documented. No fisheries are located on site. GOAL 11: The Countv shall provide for the Protection. Preservation. and Sensitive Re-use of Historic Resources. From November 2004 to January 2005, Archeological and Historical Conservancy, EAC Meeting 1 '1-1 Page IS 0[21 , . ~- - . Inc. (AHC) conducted a Phase 1 archaeological survey to assess of the property for archaeological sites. The results of that survey included identification often archaeological sites. Two of the ten sites (site numbers 8CR833 and 8CR834) are within the development footprint and eight sites are proposed to be preserved. The applicant has contracted with AHC to conduct Phase 2 and Phase 3 archaeological surveys to further assess the sites within the development footprint to determine their significance. The Phase 2 assessment is complete and the Phase 3 assessment is in progress. In order to avoid unnecessary duplication of existing regulatory programs, said documentation will be coordinated with the state (SHPO) during the SFWMD ERP process prior to Site Development Plan approval. GOAL 13: The County Shall Avoid UnnecessarY Duplication of Existing Regulatory Programs The applicant is requesting a Conceptual Individual Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD). The ERP will address water quality and quantity, wetland, archaeological (SHPO coordination), and listed species (FWC coordination) issues. The SFWMD wetland areas on the site are isolated and nonjurisdictional to the U.S. Army Corps of Engineers. VI. MAJOR ISSUES: A. Stormwater Manal!ement Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07 . An application for the Immokalee Road South (IRS) project was first received by SFWMD on 21 Nov 2005. The applicant's engineer at the time was Agnoli, Barber, and Brundage (ABB). A request for additional information (RAI) was sent to the applicant by SFWMD on 21 December 2005. A response was received by SFWMD on 19 Oct 2006, and another RAI was sent out by SFWMD on 17 Nov 2006. The present engineer is RWA. This IRS site sits within the Cypress Canal Basin which empties into the Golden Gate drainage system. The basin has an allowable discharge rate of 0.15 cfs per acre. The site has the standard system of interconnected wet and dry retention areas and wetlands and the overall site discharges to the south into the east-west Cypress Canal which turns south and flows into the Main Golden Gate Canal. The "Surface and Groundwater Management Section" on page 21 of the EIS sums up the IRS site conditions, but seems to state that the groundwater levels are 18 inches below historical levels due to overdraining. The danger in trying to restore this level would be a EAC Meeting ., ,. rll .~ : c'l, 7 . J, ^.,<.~ Page 160[21 possible adverse impact to the Rock Road residential area to the east, which already experiences seasonal flooding. B. Environmental 1) Site Description The Immokalee Road South property is largely undeveloped and contains the following major vegetation associations: cabbage palm forests, mixed cypress and cabbage palm forests, cypress forests, cabbage palm and pine flatwoods with graminoid understory cabbage palm and pine flatwoods with palmetto understory, and primitive roads and trails. With the exception of Brazilian pepper along existing trails, fence lines, and both sides of the wetland and upland interface, and localized concentrations of melaleuca, the site is relatively free of exotic vegetation. Certain portions of these plant communities have been disturbed by hydrologic impacts resulting from adjacent roadways and canals, timber harvesting, partial clearing, and the effects of wildfires. Portions of the property have been developed in the past, including pastures that were cleared or partially cleared for cattle grazing and minor areas that were cleared for unpaved roads and dirt trails. Most recently, a temporary water detention pond was created in the northeastern property corner to receive water from the recently-improved Immokalee Road corridor. This temporary feature, and its stormwater function, will be incorporated into the Immokalee Road South master plan and water management system. 2) Wetlands: Of the project site, 23.61 acres (4010% of the site) are jurisdictional to the SFWMD. Wetlands on the property consist primarily of cypress systems and freshwater marsh areas with scattered pop ash. Many of these wetland areas contain various amounts of Brazilian pepper (Schinus terebinthifolius) around their perimeters. There are six SFWMD jurisdictional wetlands within the project site, as indicated on the FLUCCS map. The extent of the wetlands illustrated within the Immokalee Road South property reflects wetland limits approved by SFWMD via an informal jurisdictional determination (JD). The boundaries were later surveyed. All six wetlands contain low to moderate infestations of Brazilian pepper around their perimeters and in some interior areas. A total of23.61 acres of wetlands will be enhanced and retained on site within and adjacent to the 469 acres encumbering the rural village. The locations of the preserved wetlands and associated greenbelt and wildlife corridor are shown on the attached MPUD master plan. Wetland functional values quantified by the SFWMD Unified Mitigation Assessment Method (UMAM) are attached to the EIS. 3) Preservation Requirements EAC Meeting 16 f 7 ....~ 7., Page 17 0[21 "'., ~ According to Section 3.05.07 of the Collier County Land Development Code, a percentage of native vegetation within various land use categories must be preserved. The Immokalee Road South project contains Rural Fringe Receiving Lands, Neutral Lands, and Sending Lands. The project consists of 469 acres of rural fringe receiving lands that represents the location of the proposed rural village. The acreage of native vegetation preservation required for the receiving lands category is 25% of the receiving lands total acreage. Therefore, 25% of the 469 acres of receiving area is 117.35 acres of native vegetation preservation required. The amount of native vegetation preservation to be retained by the project will exceed the rural fringe Growth Management Plan amendment requirement of 117.3 acres by preserving 130.9 acres. A 15-acre out parcel composed of neutral lands area falls within the PUD, but outside the rural village. The acreage of native vegetation preservation required for the neutral lands category is 60% of the existing native vegetation in that parcel, not to exceed 45% of the parcel acreage. Forty five percent (6.7 acres) of the neutral parcel is proposed to be preserved within the 14.82-acre neutral lands property. The 79-acre sending lands parcel located to the south of the rural village has a requirement to preserve 80% (63.36 acres). The sending lands area will consist of preserve and potentially a 100' ROW connection to Vanderbilt Beach Road Extension, with water management outfall facilities. The exact location of this ROW connection to Vanderbilt Beach Road will be identified and approved by Collier County Transportation Services prior to approval of the first development order within this Rural Village MPUD. 4) Listed Species: Five (5) Gopher Tortoise (Gopherus polyphemus) burrows were observed on the northern portion of project site during initial listed species surveys. Pedestrian transects conducted through October 2001 identified a total of 5 Gopher Tortoise burrows (two active, one inactive, and two abandoned). The majority of the site is not composed of suitable Gopher Tortoise habitat. The survey was updated in April 2005 and five active or inactive burrow locations were identified. Research has indicated that 40 to 50 breeding Gopher Tortoise individuals are required for a long-term, viable population. Therefore, the survey results indicate that the site does not contain a long-term viable population of Gopher Tortoises. These tortoises are proposed to be preserved on 1.2 acres of on-site suitable tortoise habitat. Currently, one active tortoise burrow is located within the preserve limits. Wood stork (Mycteria americana) habitat is limited to a subset ofthe 641 FLUCCS types within the existing wetlands that are not crowded with exotics. Since these herbaceous EAC Meeting , J I, 1'- ~ \,.../ 1 .A 1.4 Page 18 0[21 areas that are relatively open and free of exotics are very small and widely spaced, the potential for wood storks to forage on site is relatively low. No wood storks were observed during the listed species surveys. The project proposes to preserve andlor enhance all of the site's jurisdictional wetlands, including enhancing the quality of several of the marshes (FLUCCS 641), which will increase the quality of the habitat available for use by listed wading birds, such as wood storks. In addition, approximately 64010 acres of surface water management lakes with wetland littoral shelves are incorporated into the site plan and will provide additional foraging area for listed wading birds. A single Eastern indigo snake (Drymarchon corais couperi) was observed along the east- central property limit. The Florida panther (Felis con color coryi) has the potential to occur on the property. However, no panther individuals, or signs, were observed during the listed species survey. No radio-telemetry data exists that suggests that the panther has utilized the property. The site falls within Secondary panther habitat, as defined by the MERIT subcommittee. The Florida black bear (Ursus americanusfloridanus) is the largest endemic mammal in Florida. Florida black bear habitat in Florida has been characterized as consisting of large tracts of undeveloped forests containing diverse vegetation types. The Florida black bear was observed on site by others in 2001. Evidence of Florida black bear (i.e., tracks, scat, claw marks) was not observed on the property during Wilson Miller surveys. The site plan also includes a wildlife corridor, which extends along the entire property's eastern, western and southern boundaries and includes corridors across the property that will be protected by appropriate barriers such as fences. The corridors will provide an area for wildlife movement through and leading out of the property, as well as provide a buffer to a portion of the on-site wetlands. The movement of wildlife between the project site and the Twin Eagles project to the north will be facilitated by a wildlife crossing underpass under Immokalee Road, which has been constructed. The underpass connects to a wildlife corridor, which ultimately connects to CREW lands to the north. No federally listed plant species were observed on site. Three of the state listed plant species identified on the project site (i.e., the butterfly orchid and the two Tillandsia species) are predominantly found in wetland areas. Preservation and enhancement of these wetland areas will allow these species to continue to occur on site with the majority of their populations left intact. The strap fern identified during the original listed species survey has been delisted since that time. The recent listed species survey identified an additional state-only listed plant, the hand fern Ophioglossum palmatum), located in the unburned cabbage palm- Page 19 0[21 16flJl"" EAC Meeting dominated or unburned mixed cabbage palm and cypress areas in the central and southern portions of the property. Based upon the configuration of the greenbelt, the cross-project corridors, and the wetland preserves, much ofthe habitat containing this species will be preserved and will be protected to maintain the species. The literature suggests that there is high mortality associated with relocation of individuals of this species from host-tree to host-tree. However, there has been limited success in relocation of cabbage palm trees supporting hand ferns. As a result, the owner proposes to relocate cabbage palms that support multiple hand fern individuals, from locations proposed to be impacted, to portions of an existing vehicular trail located adjacent to, and west of, Wetland #6 within the cross-project preserve corridor. This will assist in re-vegetation of portions of the trail; however it is not intended to satisfy native vegetation preserve requirements. Palms will be relocated in a manner to maintain similar palm orientation and spacing so as to minimize changes in the fern microclimate and to maximize the potential for relocation success. Preservation of large regions on site where this species is located, combined with the proposed relocation effort, should adequately protect this species. VII. RECOMMENDATIONS: Staff recommends denial ofImmokalee Road South MPUD PUDZ 2005-AR-7804 based upon the Comprehensive Plauning Dept.'s findings that the water management lake proposed for development on Neutral Lands to serve, in part, the Rural Village is not consistent with the Future Land Use Element of the GMP and the Collier County Land Development Code. Environmental The following shall be corrected before the project goes before the Collier County Planning Commission: 1. Commitment D in section 8.8 of the PUD document shall state (addition/correction underlined): The project shall comply with Collier County GMP and LDC. the guidelines of the U.S. Fish and Wildlife Service (USF&WS), and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". A Wildlife Management Plan shall be submitted to FFWCC and Environmental Services Staff for review and approval prior to site plan/construction plan approval. ,..<" \, 1r1h EAC Meeting Page 20 0[21 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMERARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, ALC.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 210[21 -' I' REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR JEFF WRIGHT ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR A14 DATE DATE DATE DATE 16'1 ENVffiONMENTAL ADVISORY COUNCIL STAFF REPORT l\IJEETING OF ~CH 7.2007 I. NAME OF PETITIONERlPRO.TECT: Petition No.: CPSP-2005-08 Petition Name: Petition requesting an amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUMl. to change the designation of the subject site from Rural Fringe Mixed Use District (RFMUD) Sending Lands with Natural Resource Protection Area Overlay (NRPA) to RFMUD Neutral Lands, and text revisions. Agent: Kate English Pavese Law Firm 1833 Hendry Street Fort Myers, Fl. 33902 Applicant: Robert G. Claussen LM. Collier Joint Venture 6704 Lone Oak Boulevard Naples, Fl. 34119 Owner: I.M. Collier Joint Venture 6704 Lone Oak Boulevard Naples, Fl. 34119 II. LOCATION: The subject tract of land, comprising !60:!: acres, abuts Lee County to the North, is 2.75 miles north of Inunoka!ee Road, 3.5 miles east of 1-75, and is adjacent to the northeastern boundary of Mirasol PUD. It is shown in the aerial photo on the following page and is sununarized as follows: . The North Y, of the North '12 of Section 11, Township 48 South, Range 26 East, Collier County Florida. __~.,.,~,_~_....~"A""__'=-_~'='~'~'__""""""""" 16/1A14 ~i1'~',;~~~;,'~"~'J'~; ..V_~""".'<_~""" ~A~G"'llJlDocll"ROJEQ'DE$C8IP110N: On June 19, 2002, the Board of County Commissioners(BCC) adopted amendments to the Collier County Growth Management Plan (GMP) aIkIa comprehensive plan to establish the Rural Fringe Mixed Use District (RFMUD) and related Transfer of Development Rights (TDR) program for ::1:73,000 acres designated .on the countywide Future Land Use Map as AgriculturallR.ural and generally located between the Golden Gate Estates subdivision and the coastal urban area. The RFMUD consists of Sending Lands, Receiving Lands, and Neutral Lands. Sending Lands are so designated because, at the landscape. scale (not site-specific parcel by parcel scale), they contain lands of higher environmental value - wetlands, listed species habitat, etc. . Accordingly, allowable land uses are greatly restricted and native yegetatiye retention standards are stringent (80"10). The desire is for these lands not to be developed and instead transfer (send)the residential development rights from these Sending Lands to Receiving Lands, lands possessing lesser environmental value and where development is directed and encouraged. Transfer of Developm~t Rights (TDR)..aud Sending, Neutra.l,.aud Receiving Designations: The primary purpose of theTDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving EAe Meeting 3n 107 2 At,., ;,' :t ~1 '"' " the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Receiving Lands are areas of lesser environmental vallie; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is allowed at I DU/S acres; for parcels ~40 acres, this density may be increased via TDRs to a maximum of I DU/acre. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU/5 acres. These lands are "neutral" to the TDR program - they are not eligible to send or receive dwelling unit rights. For parcels ~40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU/40 acres, or pre-existing parcel size of <40 acres if created prior to 6/22/99. Residential deru;itymay be transferred at a ratio of 1 DU/5 acres, or pre-existing parcel size of <5 acres if created prior to 6/22/99 and lawfully existing. Once development rights have been transferred (TDRs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Exceptions to the above density limitations include: (a) Density Blending: allows some larger properties that straddle the Urban boundary - that is, partially within the RFMUD and partially within the Urban area - to shift their allowable density to the RFMUD so as to protect environmentally sensitive lands in the Urban area; The subject amendment consists of a proposal to change the future land use map designation from Sending to Neutral for the 160 acre parcel. In addition to this future land use designation change, the application is seeking to amend the Density Blending provision italicized within the above paragraph so as to specifically allow for the transfer of density from the subject parcel to the existing Mirasol PUD (partially designated RFMUD Neutral and partially designated Urban Residential Subdistrict). The current regulations within. the GMP, related to properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts, allow for the blending of densities when the project straddles the Urban Residential Sub-district and either the Rural Fringe Mixed Use District Neutral or Receiving Lands. EAe Meeting 3nt07 3 .1' 'f y 1....1 4 However, the subject site would not qualifY since it's not designated as either Neutral or Receiving, and because it does not comply with the specific Density Blending criteria. The proposed map change and text change would allow for the blending of the density associated with the 160 acre parcel within the existing Mirasol PUD. The amendment is seeking to place use restrictions upon the property with the proposed text, "The property is otherwise subject to the use limitations of Sending Lands within the Rural Fringe Mixed Use District." It should be noted the subject parcel was included within the 96 parcels associated with petition CPSP-05-14 which sought the re-designation of RFMUD Sending Lands, which the EAC heard on February 7, 2007. The EAC recommended denial of the subject property based upon lack of substantial data and analysis to justify the re- designation. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: In review of the specifics of this request as outlined above, against the expressed goals and policies contained within the Future Land Use Element of the GMP, the request is inconsistent with Policy 3.1.b of the FLUE, which reads as follows: OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: b. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Fringe Mixed Use District through various Land Use Designations that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses and through the adoption of permanent NRP A Overlays and integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code, and in part through implementation of the Rural Lands Stewardship Area Overlay. This shall also be accomplished through regulations such as minimum open space and native vegetation preservation requirements, and/or through incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's AgriculturaIlRural Designated Area. Based upon review of the data submitted within the application, the proposed Rural Fringe designation change from Sending Lands to Neutral Lands is not EAe Meeting 3/7/07 4 ~. "t, !.YifI warranted. The proposed parcel is located within Primary Panther Habitat according to the MERIT Panther Plan, as well as Primary Bear Habitat. It is also considered as foraging habitat for wood storks and is located withinthe CREW purchase lands, with 86.95 percent ofthe subject property potential jurisdictional wetlands. The proposed change is inconsistent with the Density Blending provisions in the Density Rating System of the Future Land Use Element. This application proposes to move the density from a 160 acre site into MirasolPUD. According to Density Blending standards, the transferred density is to be taken from environmentally sensitive lands within the Urban area and located on impacted lands within the RFMUD to preserve and protect the highest quality native vegetation andlor habitat on site and to maximize the connectivity of such native vegetation andlor habitat with adjacent preservation and lor habitat areas. Based on Mirasol's Master Plan, the preserve location currently is not consistent with preserving the highest quality native vegetation andlor habitat on site therefore staff could not support the increase in the density that this GMP-Amendment has proposed. Additionally, the entire project should meet the preservation standards of the Rural Fringe Mixed Use District. One of the provisions of the Density Blending allowance is that the project must meet the native vegetation preservation standards of the Rural Fringe district. The current Mirasol preserve was based on 25 % of native vegetation; the Rural Fringe Neutral is 60% of native yegetation not to exceed 45% of total area. The preservation of the 160 acre parcel will not provide sufficient additional preservation acreage to the Mirasol p1)D to meet the Rural Fringe standards for the Neutral designation. The proposed GMP amendment presents other inconsistencies with the Density Blending provision that are non-environmentally related. For example the Density Blending provision was designed for existing projects under unified control before June 19, 2002 and straddling the Urban Mixed Use and Rural Fringe Mixed Use Districts or straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District. The proposed project meets neither of these core requirements of the Density Blending provision. It should be noted that two inconsistencies with the Density Blending provision highlighted above - the Mirasol project not meeting the required preservation requirements of the RFMUD, and transferred density required be located away from the highest quality native vegetation and habitat - could be remedied through the PUD amendment process. Within the proposed language ohhis GMP amendment, it is recognized within the language that a POO amendment process would be required to add the additional 32 dwelling units to the Mirasol POO. During this PUD amendment process, the Mirasol PUD and Master Plan could be brought into conformance with the Goals and Policies ofthe GMP. If this was to occur, two of the three environmental GMP inconsistencies identified would no longer be applicable. EAe Meeting 3nJ07 5 1611 A 14 V. RECOMMENDATIONS: Based on the reviews and analyses provided within this report, staffreconunendsthat the EAC forward Petition CP-200S-08 to the CCPC and Board of County Commissioners with a recommendation not to transmit to the Department of Conununity Affairs for the following reasons: 1. The proposed Rural Fringe designation change from Sending Lands to Neutral Lands is not substantiated by the data submitted. 2. The density being transferred as a result of the proposed amendment would be inconsistent with the intent of the Density Blending Provision with the placement of the transferred units within the Mirasol PUD. In addition, the existing Mirasol PUD, with the inclusion of the 160 acre parcel, would not meet the. preservation standards for the Rural Fringe Neutral designation, as required by the Density Blending Provision If the EAC determines that a recommendation of approval IS warranted, staff recommends modifications to the proposed language as follows: If) Th& profect must be incorporated into the approvEld Mirasol PUO by public h&atina and. if approved. the MirasolPUO may utirite. this density blendim,'l provision. provided the units are limited to the area previoustv approved for development. Durino the PUDamendment process to add thead9i~!onall.lnitl;. the Mirasol PUP must btl brouoht into conformitv wfth the GMP and LOC at the; time of PUP amendment apPlication (01 The June 19. 2002 unified control reouirement soo6r.AhfA toDmiects utilizina the Density Blendino provision is not applicable Single underline designates proposed language of applicant. double underline text desi12nates additional JanIDlaQ:e nronosed bv staff VL LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. EAC Meeting 3nt07 6 "1. r :..~ F; iLl ,,' 1. "" "' !tl 'Wi' Item VLA. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7. 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUD Rezone, No. PUDZ-2005-AR-7422 Wolf Creek PUD Prime Homes, Inc. Banks Engineering Hoover Planning & Development, Inc. II. LOCATION: The subject property is located approximately 1/2 mile west of Collier Boulevard (CR 951), on the north side of Vanderbilt Beach Road (CR 862). The petition would add 30.41 acres for a total of 178.1 acres to be contained within the Planned Unit Development. The subject property is located in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Planned Unit Development (PUD) is bordered by the Island Walk PUD/DRI to the west, Palermo Cove PUD to the north, the proposed Sonoma Oaks PUD and the Mission Hills PUD to the east, and by Carolina Village PUD to the south. Most of the neighboring uses will be residential development. Both the Carolina Village PUD and the Mission Hills PUD permit commercial development. ZONING DESCRIPTION North: Palermo Cove PUD and Scenic Residential Woods, RMF-6[4] East: Sonoma Oaks MPUD and Residential and commercial Mission Hills CPUD South: Carolina Village MPUD and Commercial Vanderbilt Beach Road West: Island Walk PUD/DRI Residential EAC Meeting 3/07/07 - Wolf Creek PUD 16'1 A 1 4 Page 2 of7 IV. PROJECT DESCRIPTION: The proposed PUD amendment requests a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26010 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96010 acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 DU/A and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/A. The requested density is 3.99 DU/A. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Policy 7.1: The County shall encourage developers and property owners to counect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access to the project has been provided via Vanderbilt Beach Road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads.) EAC Meeting 3/07/07 - Wolf Creek PUD Page 3 of7 1 f 6 '. ", 'to ) c b & .t Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides interconnection between Wolf Creek PUD and Palermo Cove RPUD to the north by way of Wolfe Road, and is further depicted on the Master Plan that the developer of Palermo Cove PUD will extend Pristine Drive north of Wolfe Road. To the south, between the entrance of Wolf Creek PUD and Buckstone Drive, is an interconnection with the proposed roadway, Carolina Way. To the east, provides connection between Buckstone Drive and Mission Hills Drive which connects to Collier Boulevard (CR 951). To the west is the developed gated community of Island Walk PUD, where interconnection is not possible.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This has been depicted on the PUD Master Plan Exhibit A, and is also depicted in Section III Residential Areas Plan, 3.3 through 3.4.A-H.) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Manal!ement Element: Objective 2.2. ofthe Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality offresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity ofrunoffleaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during and after storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons: Twenty Five percent (25%) of the existing native vegetation is required to be retained. A minimum of 32.32 acres has been identified for retained native vegetation preservation EAC Meeting 3/07/07 - Wolf Creek PUD A 1"'" , I , fi. ;;1 {"/~ , Page 4 of7 within the PUD boundaries. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1.1. Wolf Creek PUD has provided a preserve to the north part of parcel 2 in order to tie into a major wetland flow-way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ElS). VI. MAJOR ISSUES: Storm water Manal!ement: The addition of these contiguous tracts to the existing Wolf Creek PUD allows for a more efficient storm water collection, treatment and discharge system. The expanded storm water management system must be reviewed, approved, and permitted by the South Florida Water Management District prior to the issuance of any approvals for Site Development Plans or Plats / Plans. Environmental: Site Description: The property contains about 129.29 acres of native vegetation. This includes Palmetto Prairie (1.42 ac), Pine Flatwoods (46.44 ac), Cypress (9.83 ac), Drained Cypress (6.61 ac), Cypress with Melaleuca (1.66 ac), and Pine/Cypress/Cabbage Palm (63.33 ac). Wetlands: Wetland jurisdictional lines have been provided for all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by a number of different separate SFWMD wetland jurisdiction and site visits done at different times. A wetland jurisdictional was conducted on parcels 1,2, and 3 on May 3, 2006 by Krista Gentile. For EAC Meeting 3/07/07 - Wolf Creek PUD 16 1 Page S of7 parcel 9 a wetland jurisdictional was conducted on April 2006 by Marie Dessources. SFWMD permit number 11-02332-P covers the remaining parcels within the Wolf Creek PUD. The project proposes approximately 0.67 acres of impact to wetlands on the property which equates to 4.4% of onsite wetlands. Preservation Requirements: The PUD requires preservation of25% (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95% (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100%) of the Palmetto Prairie, 42.07 acres (90.6%) of the Pine Flatwoods, .67 acres (6.8%) of Cypress, 6.07 acres (91.8%) of the Drained Cypress, and 46.74 acres (79.0%) of the Pine/Cypress/Cabbage Palm. Listed Species: The EIS states, "Squirrels such as gray or Big Cypress fox squirrels may use the property." No other listed species were observed on site. A management plan is provided as part of the EIS (exhibit 14) and will be updated as needed and be included as part of the Site Development! Construction Plans approval process. Wild pine plants are present in trees scattered throughout the property. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2005-AR 7422, Wolf Creek RPUD with the following conditions: Storm water Manal!ement: 1. A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval. Environmental: 1. None EAC Meeting 3/07/07 - Wolf Creek PUD Page 6 of7 PREPARED BY: KIRSTEN WILKIE ENVIRONMENTAL SPECIALIST STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER KAY DESELEM PRINCIPAL PLANNER n '1 /1 DATE DATE DATE EAC Meeting 3/07/07 - Wolf Creek PUD 1~1'1 A14 Page 7 of7 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR II. Roll Call ENVIRONMENTAL ADVISORY cOUNClll 6 AGENDA February 7, 2007 9:00 A.M. Commission Boardroom Board of Counry Commissioners W. Harmon Turner Building (Building "F") - Third Floor / Fiala .__/?___ Halas _L-::..6LL_____ Henning _ V_.__ ___ Coyle ..~~ Coletta f 1 AR!4:/VED FES 0 1 2007 I. Call to Order III. Approval of Agenda IV. Approval of January 11, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan No. SDP-2006-AR-9206 "Triangle Parcel Section 15 and 16, Township 48 South, Range 25 East B. CPSP-2005-14, Petition requesting an amendment to the Future land Use Map (FlUM) of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District Sending lands to either Neutral lands or Receiving lands, for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 & 27, consisting of 3,646 acres total. [Coordinator: David Weeks, AICP, Planning Manager] VII. Old Business VIII. New Business IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Februarv 2. 2007 if you cannot attend this meetina or if YOU have a conflict and will abstain from votina on a petition (530-6290). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Misc Corres: Date Item # 16 11A 1 Ja~ary 11,2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 11,2007 LET IT BE REMEMBERED, that the Collier County Enyironmental Advisory Council in and for the County of Collier, haying conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Goyernment Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan James Harcourt William Hill (excused) Lee Horn Judith Hushon (excused) Roger Jacobson (absent) Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Reyiew Marjorie Student-Stirling, Assistant County Attorney Barbara Burgeson, Sf. Enyironmental Specialist Bill Lorenz, Enyironmental Seryices Director Summer Araque, Sr. Enyironmental Specialist " .~ .- 1611'\.1 January 11, 2007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:06 a.m. II. Roll Call A quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Horn. Carries unanimously 6-0. IV. Approval of December 6, 2006 Meeting minutes Mr. Penniman moved to approve the December 6, 2006 minutes. Second by Mr. Dolan. Carries unanimously 6-0. V. Upcoming Environmental Advisory Council Absences Mr. Penniman reported that he will need to leave the February 7th meeting at 11:00 a.m. VI. Land Use Petitions A. Planned Unit Development No. PUDZ 2006-AR-9577 "Della Rosa RPUD" Section 13, Township 48 South Range 25 East Presenters were sworn in by the Assistant County Attorney Tim Hancock, Davidson Engineering, reviewed the location of the property. He showed an aerial picture of the site location demonstrating the wetlands; noting that the preserve is set up for connection to the abutting sites. Kit Kraft, Borlin Environmental noted that three native communities of vegetation have been located on the site. There are more exotics on the property than first thought. Tim Hancock added that they do not intend to place residential buildings to the south east side of the site. Mr. Dolan suggested not fencing through the cypress areas. The project engineer David Walker addressed the water flow. 2 T t ("7 A 14 Ii 11 . - .,,,. January 11,2007 The Committee suggested having the water flow weep slower; adding two weirs, one to the east and one to the west. Sidewalk interconnections werc addressed. Summer Arague mentioned that fencing will be placed on the development side ofthe project. Stan Chrzanowski demonstrated the water flow through the surrounding area. Tim Hancock reported that there will be plantings between the lake and preserve. There was no public comment. Summer Arague noted that the staff recommendation was for approval with the stipulations within the staff report. Mr. Dolan moved to approve Planned Unit Development No. PUDZ 2006- AR-9577, "Della Rosa RPUD", Section 13, Township 48 South Range 25 East as recommended by County Staff. Second by Mr. Penniman. Motion carries unanimously 6-0. B. Rezone No. RZ-2005-AR-7445 "Copeland Area Rezone" Section 12 and 13, Township 52 South, Range 29 East Presenters were sworn in by the Assistant County Attorney Wayne Arnold reviewed the site and suggested changes. Discussion ensued on the history of zoning in the area. Marco Espinar reviewed the telemetry reports supplied by the County for Black Bears and Panthers. Mike Deruntz noted that it is the desire of the property owners to make the zoning change to allow for mobile home replacements along with the stronger zoning restrictions. Stephen Lenberger reported that staff did not find any contamination issues. Mr. Penniman objected to the lack of and clarity of telemetry information on endangered species. 3 '""i /> I' Ife .,A \.,' tlA] ]00;' There was no public comment. Stephen Lenberger noted that the staff recommended approval. Mr. Sorrell moved to approve Rezone No. RZ-2005-AR-7445; "Copeland Area Rezone", Section 12 and 13, Township 52 South, Range 29 East with staff recommendations and improved telemetry graphics. Without a second the motion was not considered. Open discussion ensued on what should be included within the motion. Mr. Sorrell moved to approve Rezone No. RZ-2005-AR-7445; "Copeland Area Rezone", Section 12 and 13, Township 52 South, Range 29 East with staff recommendations. Second by Mr. Horn. Motion carries 4-2 with Mr. Harcourt and Mr. Penniman opposed. Staff will update the Committee on the future proceeding on the rezone. The meeting recessed at 10:21 a.m., reconvening at 10:34 a.m. C. Residential Planned Unit Development "Faith Landing RPUD" Section 32, Township 46 South, Range 29 East Presenters were sworn in by the Assistant County Attorney Dwight Nadeau, Habitat for Humanity demonstrated the site location on overhead maps. All of the units will be for low income housing. The majority of the wet lands will be preserved with 60% open space. He requested that environmental condition # I, compensation for Panther Habitat be stricken from the staff recommendation. Jamie Anderson, RW A noted that the apartments abutting the property have a lake that discharges water into the preserve. Stan Chrzanowski demonstrated the water flow. Mr. Penniman suggested having panther education for residences. Susan Mason noted that the Environmental Stipulation #1 for Panther compensation has more than likely changed; therefore staff recommends approval with the stipulation removed. There was no public comment. 4 16 11,4 1 ~uary 11,2007 Mr. Penniman moved to recommend approve of Residcntial Planned Unit Development, "Faith Landing RPUD", Section 32, Township 46 South, Range 29 East with staff recommendations with the exception of #1 under environmental. Second by Mr. Harcourt. Motion carries unanimously 6- O. VII. Old Business Summer Araque noted that the East Collier County Wildlife Movement Study will be sent out to the Committee. VIII. New Business A. Discussion of EAR-based GMP amendments for the Transportation Element Nick Casalanguida read the 2006 Florida Statute Title 26, Chapter 337. He noted that roadway expansion will be laid out ahead of time to allow for future development planning. Another policy allows for one to one like mitigation oflands. Transportation alternatives including non-motorized were discussed. Mr. Hughes moved to support the efforts of the Transportation Planning Department with some caveats pertinent to alternative transportation zones; looped designed so that public transportation makes sense in the future. Second by Mr. Horn. Motion carries unanimously 6-0. B. Presentation about Section 24 by Bill Lorenz Bill Lorenz reported that there has been a vote by the Planning Commission of 5-3 to leave section 24 designated as it is. The Board of County Commissioners will hear the EAR amendments January 25th. The Planning Commission's recommendation will be presented along with the staff recommendation. C. "Terafina" PUD Extension, PUDEX 2006-SR-961O at the request of the EAC Bill Lorenz reported that this PUD is in house for review. Carolina Valera reviewed the sunsetting process. Christine Wilky reported that both the District and CORE permit have been submitted. 5 1611 A14 January 11,2007 . Public Speakers- Rich Y ovanovich addressed the Committees questions. D. Four-year review of the EAC by the BCC Summer Araque reported that the review will be submitted January 15'h Mr. Penniman suggested adding "water quality" to the list on page #2. Discussion ensued on water regulations permitted by the County. IX. Subcommittee Reports None X. Council Member Comments Mr. Dolan announced that today is his last full day with WCI after eighteen years. He will be staying in the area. Xl. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11 :30 a.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 6 16/1 t., t''; A 15 ., "'r" ;..., I\;' '"L,;.: J '.';"',' .:~ i~-:t:;nj\I'> Fiala J t:A'J .. Halas --- y::"H Henning _ Coyle - z...----- Coletta _______ AGENDA Golden Gate Community Center Advisory Committee February 5, 2007 6:00 pm Golden Gate Community Center I. Call to Order II. Approval of the Aqenda III. Approval of January 2. 2006 Minutes IV. Old Business A. Fencing Update B. Revised Guidelines Discussion C. Fire Suppression System/Kitchen Hood Update V. New Business A. Budget FY 2008 B. Jim Klug's Request for Approved Absences C. Supervisor's Highlights VI. Monthlv Budqet Report VII. Members Additions and Comments VIII. Adiournment ::: ~;qh l\ vY !tem#:~ C('PiLS to Present: Staff: 16/1 AJc; GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD MEETING Golden Gate Community Center - 6:00 pm February 5, 2007 Board Members Bill Arthur, Chairman Jim Klug, Vice-Chairman Ernie Bretzmann Vicki Clavelo Kaydee Tuff Ellen Barkin, Community Center Supervisor Shari Ferguson, Regional Manager Susanna Capasso, Operation Coordinator Barbara Daly, Fiscal Technician I. Call to Order at 6:00 pm II. Approval of agenda for meeting. Jim Klug moved to approve the Agenda with the following additions: discussions on the 5-Year Plan and the excess capital funds remaining from the fencing, under "New Business" as Item "A". Seconded by Ernie Bretzmann. Passed unanimously. (5-0) III. Approval on the January 2, 2007 meeting minutes. This was overlooked and will be placed on the March Agenda for approval. IV. Old Business A. Fencing Update Ellen informed everyone that she has the purchase order for the fencing, and will be finalizing the paperwork with Carter Fence. The bid came in around $20,000. Work should start within two to three weeks once the permits are pulled. B. Revised Guidelines In reviewing the Guidelines the term "Board" to be used in all places when referring to the Golden Gate Community Center Advisory Board 1 and not Committee was missed. the next meeting. 1611 All) This will be corrected and voted on at C. Fire Suppression System/Kitchen Hood Update . Ellen spoke with Fire Marshall, Bill Sylvester and learned that residential hoods are not acceptable in the facility. Anytime you have over 100 people in a building a commercial hood must be used. Ellen will obtain a written copy of the fire code in question. . Bill obtained information that the cost of $9000 for moving the two electrical boxes was extremely high. . Ellen will contact Facilities and request new bids. V. New Business A. Budget FY 2008 . Ellen explained that the 5 Year Plan is a tool used for doing the budget and will see that everyone gets a copy. . The following items were discussed as ways to spend the excess capital money. Lighting for the band shell, shade structure for the band shell, and Outdoor Movie/Sound System. Ellen will obtain pricing information on these items before the next meeting. . Ideas for improvements and additions were discussed. Some of those were, ADA playground, water feature, enlargement of the skate park, gymnasium floor replacement in 2-3 years, and better use of the land. . Jim has concerns that there may be merit in a "needs assessment" for the community. A survey asking the Community Center users what they would like to see at the Center will be developed. B. Jim Klug's Request for Approved Absences Jim will print and sign the email he previously sent to Ellen, requesting the approval of his absences. Motion: Motion made by Kaydee Tuff to approve Jim's Approved Absences after he writes and sign the request, seconded by Vicki Clavelo. Passed unanimously. (5-0) C. Supervisor's Highlights . Ellen provided everyone with a ReviewlOutlook for January and February. . The new appliances are here and working. 2 VI. Monthlv Budaet Update , C;lA1S . The provided report shows all numbers are up from last year, with a 16.4% increase. . Jim questioned why the room usage numbers are down and Ellen explained that there were no specific reasons for the difference. VII. Members Additions and Comments . Kaydee informed everyone of a major neighbor clean-up in the community this Saturday, February 10. The response was great from the high school, sending three groups of kids to help. . The remaining toilet tissue holders and the soap dispenser have been repaired. . Bill mentioned that the marquee is being updated regularly. VIII. Adiournment Motion: Motion to adjourn was made by Vicki Clavelo and was seconded by Ernie Bretzmann. Motion passed unanimously. (5-0) Meeting adjourned at 6:52 p.m. ***The next meeting is at Golden Gate Community Center on March 5, 2007, at 6:00 pm*** "'agenda and minutes sent to BCC office on 03/6/07"*' 3 16 ! 1 A Ill) Golden Gate Community Center Advisorv Committoe Board Revised Guidelines and Rules February 6, 2007 Operation: 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 Collier 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 Committee Board: 1. It is the responsibility and obligation of the Golden Gate Community Center Advisory Committee 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 Board 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 $eGG $1000 and all budget amendments requiring BCC approval. 1 'ii If ' ".'1 :.1 [.'. ," :1 ...:;..;,~. .~ J. A 11) 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 the County Manoger a selection committee composed of the Golden Gate Community Center Advisory Committee Board Chairman, a representative from Parks and Recreation and a representative from the Collier County Human Resources Department. Once a recommendation is proposed, the selection will be presented to the Golden Gate Community Center Advisory Committee Board for approval. F. J\dvise the County Manager The Committee Board will 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 Board. 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 Committee after the Center Supervicor makes a recommendation Board at the discretion of the Center Supervisor. 2. Regular meetings of the Committee Board shall be held monthly and announced at least one week in advance by the posting of a notice in 0 conspicuous ploce available to the dictrict recidents at 0 concistent locotion 'Nith the Community Center building complying with the current County policy. Special meetings may be called if approved by the majority vote of the Advisory Committee Board members in attendance at the regular scheduled meeting, and by posting notice of such called special meeting ot the locotion designated for pocting regular scheduled meetingc, 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. 2 "fI rf, " " 1 A 115 Advisory Cemmittee Board Appointments. Terms of Office. ETe: 1. The Committee 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 Committee Board may be established by the Committee Board consistent with these guidelines, subject to approval by the Board of County Commissioners. 2. The Committee Board will be appointed by the Board of County Commissioners for staggered two (2) three (3) year terms of office to commence on the 1st day of January. The Board of County Commiccionerc shall utilize the !\dvicory Committee and appointmentc policy to make thece appointments. The Board of Countv Commissioners shall make the final decision on appointments takinq into consideration the recommendation from the Advisorv Committee Board. 3. A majority of the total membership of the Committee Board constitutes a quorum. 4. If an Advisory Committee Board member misses three (3) two (2) consecutive meetings without prior approval, he/she will be considered terminated from the Advisory Committee Board. The member shall notifv the Center Supervisor of any absence. Absences will be recorded as excused if the Center Supervisor was notified or unexcused if the Center Supervisor was not notified on the attendance record. 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 throe (3) two (2) consecutive absences, must be approved by the Board of County Commiscioners Golden Gate Community Center Advisory Committee Board, and a reason for the necessity of such a leave must be conveyed to the Committee Board in writing. 5. The Board of County Commiscioners shall ceoure the cervioes of a Seoretary who -....ill13e responsible for the preparation and maintenance of accurate minutec of eaoh meetin@. ^ contraGtual al'lreemcmt will be reviO'.ved by the !\d-/isory Committee and apflroved by the Board of County Commissioners. The Golden Gate Advisory Board will use Parks and Recreation assigned staff to take the meeting minutes. Copies of the minutes will be made available to each member of the Advisory Committee Board, County Manager or his designee and Board of County Commissioners to be filed with the Clerk to the Board and a copy will be available at the Golden Gate Community Center and at the Golden Gate Branoh of Collier County Public Libr::uy. 3 J.L( A 1 1) 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 Committee Board for recommendation to the BCC, according to the County's fisoal policies Collier Countv Budqet Department Policies and Guidelines. 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 Committee Board :md to the County Manager, or his designee, along 'Nith such other reports ao may reasonaBly be required. 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 Committee 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. 4 16/1 Ale; February 6, 2007 My Previous E-:Mail Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 Attention: Ellen Barkin Dear Ellen: SUBJECT: MY REQUEST FOR AN EXTENDED ABSENCE APPROVAL As you know from my previous E-Mail to you as well as previous conversations with you and the Golden Gate Advisory Board, I plan to be on vacation and out of town from approximately June 1st to Oct 1st 2007. As a result I will miss the Advisory Board meetings for June through September. The possibility of extended summer absences was discussed with the Advisory Board during my interview for a position on the board. I. therefore, request approval from the Advisory Board as well as the Collier County Commissioners for this planned absence. I would appreciate it if you would start the process for this approval. Thank you for your cooperation... Sincerely, ~f7!! wjkiii GGCC0701 4257 32ND AVE SW NAPLES, FL 34116 1611 A 1'5 ~ " c.. < m ~ Z ~ 3' i'r .. )> :I Cl. " 25: CD )> !: CD c () [Il ::?- m CD iii & ,.. -I CCl c c < .. CD ::t 9 3 .. < :I n :> CD () . () ,.. ,.. .. .. ~. ::;" 3 .. .. :I :I c.. m X X X X )> Z ." X X X X X m [Il s: )> ;:>J )> ." ;:>J )> ." ;:>J c.. C z m c.. c z m )> c G) Ul m ." -I 0 () -I Z 0 < c m () -< m )> ;;u N <:) <:) -.j G') 0 c: CD ::s G') III .... CD ?; 0 0 CD 3 :::I C. 3 II) C :::I C'l ::s CD -. ;;u CD 0 0 CD ;:l ::s .... CD ... )> c. < iii' 0 lD 0 III ... C. 1611AJ~ .Cd"'t"'~""" ;1 .. ..~ . ~.~ ~ l:!~:!lJB'IDJ':-:J.\ -"..."..' 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 AprEI 2 Monday May 7 Monday June 4 July -No Meeting Monday AU!=just 6 Tuesday September 4 Mondav October 1 Monday November 5 Monday December 3 1611 January 17,2007 A 1 6 MINUTES OF THE MEETING OF THE COLLIER COUNTY PARKS AND RECREATION ADVISORY BOARD Naples, Florida, January 17,2007 RECEIVED FFO , _u " I 2007 BOard of C OUllty COll1m' ISSioners LET IT BE REMEMBERED, that the Collier County Parks and Recreation Advisory Board, in and for the County of Collier, haying conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the follo:in~ me~7s t. rlalC! HHHHH~ - presen . H I' c_____ "r; I a aSH'__ . - Henning--.:c.:._~-. - CoyleH_-.----- ColeltaH ... -.-------.--.. CHAIRMAN: Vice Chairman: John P. Ribes Edward "Ski" Olesky Beth Barth Frank Donohue - Absent John MacDougall- Excused Timothy Toole Kerry Geroy ALSO PRESENT: Barry Williams - Director, Parks & Recreation Amanda Townsend - Operations Analyst Marla Ramsey - Public Services Administrator Ray Carter - Operations Manager Shari Ferguson, Regional Manager Tony Ruberto, Sr. Project Manager Susana Capasso - Operations Coordinator Tona Nelson - Sr. Administratiye Assistant Misc. Corres: \ Date In d-l\ 61 Item# l\.91 \ A ~ 1 COO,AS to 16' January 1/ 217 AJ~ A. The meeting was called to order by Chairman John P. Ribes at 2:05 p.m. A quorum was established. B. The Pledge of Allegiance and invocation was given by John P. Ribes. C. Introduction of New Board Member, Kerry Geroy by John Ribes and Marla Ramsey I. See below D. Approval of Agenda 1. Addition of discussion re-driving range under (6) Old Business." 2. Addition of discussion of status of Little League under (1) Old Business." 3. Addition of discussion of revised Collier County parking policy under (4) New Business." 4. Postponement of discussion on "Adopt-A-Park." Mr. Carter moved to approve the Agenda with the above revisions. Second by Mr. Toole. Carried unanimously 5-0. E. Approval of December 20, 2006 Meeting Minutes Mr. Toole moved to approve the December 20, 2006 meeting minutes. Second by Ms. Barth. Carried unanimously 5-0. Mr. Williams discussed when to post minutes on the County website. Mr. Carter moved to post minutes on website after they have been approved by the Board. Second by Mr. Toole. Carried unanimously 5-0. Mr. Ribes introduced new Board member, Kerry Geroy. Ms. Ramsey welcomed Ms. Geroy to the Board. F. Recreation Highlight Ms. Ferguson and Ms. Topoleski, gave a slide presentation outlining amenities and programs in East Naples Community Park. . Activities include karate, advanced karate, yoga, line dancing, computers, mahjong; bingo, senior activities; many programs have a waiting list . The new building enhances the park, is utilized by seniors during the day . New playground has been put in . New landscaping has been added . New benches, picnic tables and trash cans have been provided . All signs have been refurbished or replaced . Shuffleboard area has been resurfaced 2 1611 January 17,2007 A16 . Hallway between old and new buildings has been cleared out and new cupboards have been added . Cold water fountain has been built in the skate park . Refrigerated vending machines have been added to skate park . Park has buses right outside park . A locked counter is being provided for items for sale . Hosting of athletics events is being considered for 2008 . Contest to determine name of skate park is being held, with prize being awarded for winning name Mr. Williams stated there is a formal process that must be followed in selecting a name for the skate park and it will require the approval ofthe Board of County Commissioners. Due diligence must be done. Mr. Ribes stated the names "Velocity" and "Extreme" are the two names the Advisory Board recommends being suggested to the Board of County Commissioners. G. Old Business 1) North Naples Little League Update - Marla Ramsey Mr. Ribes discussed the fact that the Advisory Board advised BCC deny exclusive use for Little League facilities. Discussed misunderstanding by individual believing they had been advised not to come before the Advisory Board to discuss their issue. No such advice was given. . Strong direction has been given by the BCC to find a way to provide a new Little League park . Most Little League officials seemed to be in favor of cooperative use of Little League field 2) Naples Grande Lease - Marla Ramsey Mr. Ray Carter, gave slide presentation . Need new agreement due to name change, old agreement was not transferred . New considerations for agreement are tram shuttle, food concession, beach equipment, water recreational equipment rentals, need for draw bridge opening within one hour notice to hotel . Naples Grande management would like to sell liquor in deck area of concession building . Decking needs to be replaced in and around concession area . Additional boardwalk to south with tram service is desired Hunter Hanson, General Manager discussed Naples Grande understanding obligation to serve liquor responsibly; recognizes need to keep beach clean, Resort would like to adopt beach; Resort gives certified classes to employees regarding responsibility of serving of liquor. 3 Janu!l~io) A 16 . Attorneys will be requested to include the ability to revoke portion of the lease allowing alcohol without affecting the rest of the lease should an issue arise with the alcohol Ms. Geroy moved to recommend acceptance ofthe request to have alcohol on the deck at Clam Pass with the qualification that the Naples Grande Hotel and the County agree on the terms. Second by Mr. Toole. Motion passed 4-1 with Ms. Barth opposed. 3) Keewaydin Island Update - Amanda Townsend Ms. Townsend gave a slide presentation (see attached). Mr. Ribes stated there are concerns regarding protection ofthe environment, information is needed to alleviate concerns. Ms. Ramsey stated people are already visiting Keewaydin Island, means is necessary to control access in order to lessen impact on environment. 4) Barefoot Beach Management Plan - Amanda Townsend Ms. Townsend presented Barefoot Beach Preserve Park Land Management Plan. (See attached) . One change, proposal to erect composting restroom Mr. Toole moved to approve recommending the Barefoot Beach Management Plan with the proposed change. Second by Mr. Oleski. Carried unanimously 5-0. 5) OHV Park Update - Marla Ramsey Reported on progress with the OHV Park. . lt will be three years before the property will be deeded to County . Arsenic levels are high in lake, could be problem for land, but not expected to be . County only has to provide building . SFWM will provide temporary OHV area for weekend use . SFWM will do due diligence finding 10 to 15 acres for boat launch . Lease agreement should be brought before Board for temporary site 6) Driving Range Mr. Toole - Gave report. . Meeting is planned regarding potential sites . A business plan is being developed . Acquisition of funding is being discussed . Must follow proper purchasing process . Recommended contacting Cary Runyon who has useful information . Discussions on moving forward are ongoing . A public golfrange is needed . People need a place to practice golf 4 JanL4i2ot A 1 6 H. New Business 1) Director's Highlights - Barry Williams and Marla Ramsey . The open-air market is a hit . There are some traffic control issues which are being addressed, rangers will be brought in to help with traffic control . TEC and BCC met January 16,2007 . NCRP is a game facility, not a tournament facility . Parks and Recreation is now supervisor over the sea turtle monitoring staff . Coastal Zone Management Department headed by Gary McAlpin will report to Marla Ramsey, 2) Election of Chairman and Vice-Chairman by Motion - John Ribes Mr. Oleski - See below. 3) Publishing Meeting Minutes on the County's Website - Marla Ramsey See above under "E, Approval of Minutes." 4) Revised Collier County Parking Policy - Marla Ramsey Presented Executive Surumary on Collier County Beach Parking . Annual pass at cost of $30.00 is being considered . Goal is to put $30.00 beach parking sticker fee into a fund to draw on by City and County and split left over at year's end . Issue will be voted on at next BCC meeting . Goal is to send to State by end of month Mr. Olesky moved to recommend approval of Executive Summary to go before the Board of County Commissioners. Second by Ms. Barth. Carried unanimously 5-0. Ms. Barth moved to keep the Chairman the same. Second by Mr. Toole. Carried unanimously 5-0. Mr. Ribes moved to keep the Vice-Chairman the same. Second by Mr. Toole. Carried unanimously 5-0. Mr. Ribes accepted position as Chairman. Mr. Oleski accepted position as Vice-Chairman. (Mr. Toole left the meeting at 4:05 p.m.) I. Capital Project Highlight - Tony Ruberto North Collier Regional Park Mr. Ruberto - Presented North Collier Regional ParklExhibit Hall Monthly Report. (See attached) 5 16 '1 A January 17,2007 1 6 J. Informational Items Attendance Report - report included in packet BCC Recaps (none available) Recreation Activities - reports included in packet Adopt-A-Park Assignments - postponed Meeting Schedule - included in packet Ms. Ramsey discussed request that the Leisure Services Advisory Board of the City of Naples and Parks and Recreation Advisory Board meet jointly at least yearly to discuss shared issues or items that come up. March timeframe was suggested. L. Public Comments None Mr. Williams pointed out that the next meeting of the Collier County Parks and Recreation Advisory Board will be held in Immokalee, FL. Being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 4:25 p.m. COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD Chairman John P. Ribes 6 DecemlRo,~ol A 1 6 <--.,.", ''') L. MINUTES OF THE MEETING OF THE PARKS AND RECREA nON ADVISORY BOARD Naples, Florida, December 20, 2006 Fialat~y'7"':~~"'" Hala5.._.L(f'--'- Henning___.Jt"":__..__ Coyle . ..a.-::==~...__ Coletta_u_____ LET IT BE REMEMBERED, that the Parks and Recreation Adyisory ~Jn8rs Board, in and for the County of Collier, haying conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: CHAIRMAN: Vice Chairman: John P. Ribes Edward "Ski" Olesky - Absent Beth Barth Frank Donohue John MacDougall- Excused Timothy Toole Darrol "Skip" Riffle ALSO PRESENT: Barry Williams - Director, Parks & Recreation Mary Ellen Donner - Assistant Director Susana Capasso - Operations Coordinator Tona Nelson - Sr. Administratiye Assistant 1 .'1 ( /. ., .~'"f A16 December 20, 2006 I. The meeting was called to order by Chairman John P. Ribes at 2:05 P.M. II. The Pledge of Allegiance and Invocation was given by Barry Williams. III. Approval of Agenda Ms. Barth moved to approve the Agenda with the following additions: a discussion ofthe skate park under "New Business" as Item "C"; the addition of an update on the driving range under "Old Business" as Item "E"; discussion ofthe Pee Wee Football League under "Old Business" as Item "F." Second by Mr. Toole. Carried unanimously 5-0. IV. Approval of November 15, 2006 Meeting Minutes Mr. Donohue moved to approve the minutes of November 15, 2006. Second by Ms. Barth. Carried unanimously 5-0. V. Old Business A. Thank You to Skip Riffle for Service - Barry Williams Mr. Williams presented Mr. Riffle with a plaque representing thanks for his representation and dedication to Collier County Parks and Recreation. Mr. Riffle expressed his thanks. B. BCC Approval of Board Members - John Ribes The following Board members were approved by the BCC. . Ms. Geroy . Mr. Donohue . Mr. Olesky C. North Naples Little League - Barry Williams Mr. Williams gave a report on the recommendation to deny petition to convert fields at Veteran's Community Park to (2) lighted Little League fields, (l) lighted girls softball, and (l) lighted baseball field. January meeting will reveal Board's decision. Major issues include: . Concession . Restrooms . Starcher Petty, improvements have been made . Little League complex is desired Mr. Ribes questioned whether Little League complex was discussed when conclusion was reached to recommend against conversion. Mr. Williams responded that it was recommended to the Board that the feasibility of a Little League complex should be looked into. 2 'T / ~ Decem~er 20, ~006 A 1 6 D. Open Air Market Update - Mary Ellen Donner Ms. Donner presented an update on the Sugden open-air market. (See attached report) . Clean up was good . Market is as described in initial concept; it has not become a flea market . Music may be introduced . Pet adoption may be introduced . There has been no problem with dogs in the park E. Driving Range Mr. Williams stated there is no update to describe today; it is in the hands of Amanda Townsend; driving ranges are an element in parks in Florida. Pee Wee Football League . Must buy space at schools . Many kids play baseball and football . There are no lights . All children in County must be accommodated Mr. Riffle moved to make finding space for Pee Wee Football a high priority. Second by Ms. Barth. Carried unanimously 6-0. VI. New Business A. Director's Highlights - Barry Williams Mr. Williams stated that community support is high for Christmas events. Also, the BCC and City of Naples met and discussed the following: . Public access to Keewaydin Island . Proposed shuttle service . Will share photos at next meeting in January . City of Naples is concerned public access will cause damage to environment . Access to southern end of Keewaydin Island is currently unregulated . Board will work to come up with an agreement on way to provide access to northern Keewaydin . Board needs to make it very clear to City of Naples exactly what it is trying to accomplish Mr. Williams stated City of Naples has requested financial help from the County for operating costs associated with Fleischmann Park since many using park are not City of Naples residents but are residents of Collier County. County is considering taking over operation of Fleischmann Park. Mr. Williams discussed Manatee Park. . Conceptual plan is being developed 3 ~l611 A16 December 20, 2006 B. Request to Renew Lease with Naples Grande - Barry Williams . Discussion will be continued to January 2007 . Rates need to be reviewed C. Skate Park - Beth Barth . Consider extended hours . Signs are needed . Kids cannot take skateboards on buses . Advertising would increase usage Ms. Donner stated meeting was attended by herself and Sherry Ferguson. . Vending machines will provide snacks . Would like in-house DJ . Hours were extended over Christmas . Work is being done on a website . Contest is being held to name skate park; then signs can be put up . Water fountain is being put in VII. Monthly Recreation Highlight Snowfest and Christmas Around the World - Annie Alvarez and Christina Apkarian (slide presentation) Ms. Apkarian gave an overview of Snowfest. Seventy tons of snow was provided with 14,900 in attendance. There were also many sponsors with 40 volunteers. Ms. Apkarian gave an overview of Christmas Around the Wodd. The event was held at night with 50 tons of snow provided. A parade was held with approximately 4,600 in attendance. Ms. Donner thanked Mr. Olesky for playing Santa Claus. VIII. Informational Items A. Capital Projects - report included in packet (Mr. Riffle left the meeting at 3:15 p.m.) B. BCC Recaps - recaps included in packet C. Meeting Schedule - January 17,2007 - 2:00 p.m. - North Collier Regional Park D. Attendance Report - report included in packet E. Adopt-A-Park Assignments - assignment list included in packet F. Recreation Activities - report included in packet 4 ,~ ,'0 - fl : (. F) , ',' i ' t: December 20, 200 · IX. Adopt-A-Park - Tim Toole Deferred until January meeting. X. Public Comments None. There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 3:20 p.m. PARKS & RECREATION ADVISORY BOARD Chairman John P. Ribes 5 7 (. -L...) FebJ2~2J071 A 1 6 MINUTES OF THE MEETING OF THE COLLIER COUNTY PARKS AND RECREATION ADVISORY BOARD Fiala:!tf;--- ~ Naples, Florida, February 21, 2007 i~:~~inq=-~-==: (~oyle I _m J ...H_ -_.-, Coletta -' ..--....-. ..-.-- LET IT BE REMEMBERED, that the Parks and Recreation Advisory RECEIVED Board, in and for the County of Collier, having conducted business herein}iAR 1 9 2007 8oaf(j of CO<.lnty Ccmrnissioners met on this date at 2:00 P.M., at the Immokalee Community Park, 321 North First Street, Immokalee, Florida, with the following members present: CHAIRMAN: Vice Chairman: John P. Ribes (Excused) Edward "Ski" Olesky Beth Barth Frank Donohue John MacDougall - Absent Timothy Toole Kerry Geroy ALSO PRESENT: Barry Williams - Director, Parks & Recreation Susana Capasso - Operations Coordinator Murdo Smith, Beach & Water Superintendent Dennis Gulley, Regional Manager 1 - I February 21, 2007 ..I.. f: A. The meeting was called to order by Vice-Chairman Edward "Ski" Olesky at 2:00 PM. A quorum was established. B. The Pledge of Allegiance and invocation was given by Vice-Chairman Olesky. C. Approval of Agenda Add under "New Business" "Investigation of Property in Everglades for Fishing." Mr. Donahue moved to approve the Agenda with the above revision. Second by Ms. Barth. Carried unanimously 4-0. D. Approval of January 17,2007 Meeting Minutes Mr. Toole moved to approve the January 17,2007 meeting minutes. Second by Ms. Barth. Carried nnanimously 4-0. E. New Business 1) Director's Highlights . Parks and Recreation is gearing up for summer camp; registration starts April 14 . County Jam is on March 9th and 10th in Vineyards Park 2) Cocohatchee River Park Marina Concession Agreement - Barry Williams . Current agreement expires this year, County does not wish to renew . County would like to operate the marina . Marina will be totally public, including slip rentals . Current leases must be fulfilled . Impetus is aqua and current marina unavailability . Privatization takes access to water away from the public . Staffing considerations were discussed . Fuel sales at marina will create profit for the County . County desires "Clean Marina Designation." . Opportunity for public access was lost at Wiggins Pass . Plan for fuel system needs to consider 2010 requirements (Kerry Geroy joined the meeting at 2:30 PM) 3) City of Naples Community Services Joint Meeting - Barry Williams . City of Naples has taken the position Fleishmann Park is used primarily by County residents, hence County should help pay costs - the County will examine numbers. 2 Feb2~2~of A 1 ~ 4) Investigate Property in the Everglades for Fishing . Commissioner Henning has expressed concern for funding, was hoping a private company partnership could be arranged due to the size of the project . A long-term lease agreement could be considered . Southwest Florida Water Management is looking for boat access to replace access lost when they purchased the Picayune Strand property for their use F. Old Business 1) OHV Park Update - Dennis Gulley Mr. Gulley gave a PowerPoint presentation on the OHV Park. (See attached) . Park is located off Route 29 on the Hendry/Collier County Line . Amenities include rangers on site, portable toilets, helicopter landing pad, parking for vehicles and trailers, shelter for patrons from sun . The park has some geographical features which will hinder usability; there are no trails, it has barbed wire fencing . There is a need to address managing capacity of park . Land for park is being subleased and must be returned in the same condition as when it was first acquired . The issue of guns has not been addressed . Rangers will guard gate and patrol park 2) Non-Resident Beach Parking Sticker Update - Murdo Smith . A press release has been issued (See attached) . There will be one sticker for all of Collier County, issued for a year at a time . Project is being rushed by DEP due to unequal access to the beach . Non-residents will be able to buy stickers in the future . County will reimburse City of Naples for losses incurred due to parking sticker program . 2008 sticker will be issued after March 1, 2007 but those already sold will be honored . Beach-goers can still pay $6.00 per day for parking in lieu of purchasing yearly sticker . It may be possible to remove the parking meters if they are not being used due to the purchase of annual passes . Residents in mobile home parks will be able to purchase stickers 3) Public Driving Range Update - Barry Williams Mr. Williams presented a report regarding the public driving range in Collier County. (See attached) . Land necessary for project has been identified . Aqua versus land range has been discussed . Florida Power and Light easement land could be utilized 3 February12P2!o71 A 1 6 . A visit to the landfill in Immokalee is scheduled and is a possible site . The landfill in Golden Gate could be a possibility G. Recreation Highlight - Geri Lynn Waterbury and Mayte Socarras Immokalee Community Park and Immokalee Sports Complex Geri Lynn Waterbury gave a slide presentation on lmmokalee Parks. . There are nine parks in the Immokalee park system . lmmokalee Community Park is on nine acres, has a baseball field, softball field, playground, picnic area, lighted basketball courts, tennis and racquetball courts . The sports complex is on 14 acres, has an adult pool, children's pool gymnasium, indoor basketball court, lighted football field and soccer field . A youth soccer league has been started . The fitness center offers weight training and aerobics . Ann Olesky Park, Lake Trafford, has fishing, picnicking and a boat ramp. The boat ramp is the only fresh water boat ramp in Collier County . The Pilwell and Panther Park has picnicking, is a wildlife destination, historic site . Parks are popular for family outings . Airport Park has a playground, barbecue grills and is utilized for family outings, has a large covered pavilion for picnics and weddings Mayte Socarras gave an overview of after-school programs the Immokalee park system provides. . There are over 80 children registered for after school programs, counselors offer accelerated lesson plans. . Park rangers teach children about earth, parks and nature . Homework time is 45 minutes long . There are sewing classes, hip-hop class, karate class, Blast-Off Program concentrates on five children at a time, individual attention is given . There is a fashion club . Events include Christmas Round the World, World of Screams and an Easter egg hunt Ms. Barth commented that the Park is exceptionally clean. (A recess was taken from 3:10 PM to 3:20 PM) A brief discussion was held regarding a February 16,2007 memo referencing "Main Government Complex Reserved Parking" . Reserved spaces for advisory board members have been re-established at the Government Complex 4 1 ~ , 1 February 21, 2007 0..... .1.6 H. Capital Project Highlight - Barry Williams Naming of the Northeast Utility Facility Park (Orange Tree) Mr. Williams reported on the suggestions for names for the park and presented an Executive Summary regarding policies for naming of County-owned buildings, structures andlor other facilities. (See attached) . Name "Velocity Skate Park" has been selected for the East Naples skate park . Suggested names for Northeast Utility Facility Park include Corkscrew Island Regional Park, Seminole Strand Regional Park or Palmetto Regional Park Mr. Donohue moved to accept Corkscrew Island Regional Park as the name to be suggested for the new park. Second by Mr. Toole. Carried unanimously 5-0. I. Informational Items Attendance Report - report included in packet BCC Recaps - attached Recreation Activities - reports included in packet Adopt-A-Park Assignments Ms. Barth reported on Caxambas, So. Marco Access and Tigertail as follows: . Park is short of staff . There have been some citizen complaints about parking meters . There are not enough rangers patrolling beaches . Meters do not give change or accept bills, are old . New meters are being considered, could use TDC funds . Salt water creates chronic meter maintenance problem Meeting Schedule - schedule included in packet. The next meeting will be held on March 21, 2007 at 2:00 PM. J. Adopt-A-Park - Kerry Geroy - Delayed K. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:45 PM. 5 ! ~ I .L G II February 1,2007 COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD Chairman John P. Ribes These Minutes approved by the Board/Committee on presented or as amended_. , as 6 / -... fJ ... Vanderbilt 5each M.S.T~! 1 A J 7 Advisory Committee 2885 Horseshoe Drive South Naples, FL 34104 RECEIVED ." n ') , ^' j"7,L~JI1 t l. /' March 1, 2007 AGENDA 'k"".1"fC07' Fiala_~ Halas _,~ 1." - Hennm9_ - Gayle _---- Coletta ____---- I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- February 1, 2007 V. Transportation Services Report A. Budget Report - Lisa Hendrickson B. Project Manger Report - Darryl Richard VI. landscape Maintenance Report - ClM VII. Old Business VIII. Working Group Update's A. Utilities - Charles Arthur B. Maintenance - lew Schmidt C. Tax Analysis - Bud Martin D. Liaison - Dick Lydon IX. New Business Mise Carres: Date~ ~tem#~ : ':;".:.'3 to. X. Public Comments XI. Adjournment The next meeting is scheduled for 2:00 PM, April 5, 2007 AT ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL 16J1A 17 Vanderbilt 5each M.S.T.U. Advisor!) Committee 2885 Horseshoe Drive South Naples, FL 34104 February 1, 2007 MINUTES I. The meeting was called to order by Chairman Dick Lydon at 2:01 p.m. II. Attendance Members: Charles Arthur, Dick Lydon, Bud Martin, Lew Schmidt, Carol Wright County: Darryl Richard-MSTU Project Manager, Tessie Sillery-MSTU Operations Coordinator, Lisa Hendrickson- Management Budget Analyst, Murdo Smith- Parks and Recreation Department Others: Jim Fritchey- Commercial Land Maintenance Inc., Michelle L. S. Guerrero- Mancan III. Approval of Agenda Carol Wright moved to approve the agenda. Second by Charles Arthur. Motion carries unanimously 5-0. IV. Approval of Minutes- January 4,2007 Carol Wright moved to approve the January 4, 2007 minutes. Second by Charles Arthur. Motion carries unanimously 5-0. V. Transportation Services Report A. Budget Report - Lisa Hendrickson Lisa Hendrickson distributed and reviewed the report (see attachment). B. Project Manger Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). A copy ot the "City/County Right-ot-Way Agreement tor Underground Conversions" was distributes along with correspondence (see attachment). Open discussion ensued on the necessity ot the Agreement since there is an existing agreement between Collier 1 County and FPL. A meeting needs to occur between ~P~ IhJes.A .1. 7 Arthur, a County Attorney, and a representative from the Commissioners Office. Darryl Richard reported that the corner of Vanderbilt Beach Road and Vanderbilt Beach Drive was reconstructed under the direction of maintenance. lew Schmidt noted his report on the subject (see attachment) and for clarification within the report he had spoken with B.J. Savar Boyer President of the Vanderbilt Beach Residence Association. Murdo Smith demonstrated the new sign design for a cost of $14,500.00. Bud Martin moved to approve the original sign design without the tile at the bottom, without mermaids, no lights and add two logos not to exceed a cost of $12,000.00. Second by Charles Arthur. Bud Martin amended his motion to include that the sign be maintained by Parks and Recreation. Charles Arthur amended his second. Motion carries unanimously 5-0. Dick Lydon requested that Mr. Smith turn the lights off that had lit the previous sign and expedite the new sign installation. VI. landscape Maintenance Report - ClM Jim Fritchy reported: Irrigation has been installed. Irrigation checks were done with repairs performed. Plant replacements will be done. Hedges will be trimmed. Mulching was done at Baker Carol Point. VII. Old Business A. Entryway Signage Previously addressed. VIII. Working Group Update's A. Utilities - Charles Arthur Previously addressed. B. Maintenance - lew Schmidt lew Schmidt reported that the Working Maintenance Group, Joe Bianca, Bruce Burnhart, Darryl Richard and himself met and toured the area. Kudos were given to the beatification of Baker Carol Point. The 2 16/1 n'7 planted grasses at the round-about on the comer of Wiggins Pass have been cut down. Darryl Richard agreed to address the issue with the Hotel that abuts the area. C. Tax Analysis - Bud Martin No report. D. Liaison - Dick Lydon Dick Lydon reported that Palm Beach feels it will be necessary to go to the Public Service Commission in order to be able to burry the power lines within the right-of-way. IX. New Business X. Public Comments Dick Lydon reported that Mrs. Lydon and others are unhappy about dog droppings not being picked up. Darryl Richard agreed to contact Code Enforcement and then the Sheriffs Office about the issue. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:02 p.m. Vanderbilt Beach MSTU Mr. Dick Lydon, Chairman These Minutes approved by the Board/Committee on as presented or as amended The next meeting is scheduled for 2:00 PM, March 1, 2007 AT ST JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL 3 1611A17 -to Vanderbilt 5each M.S.T.U. Advisor~ Committee 2885 Horseshoe Drive South Naples, FL 34104 February 1, 2007 SUMMARY A quorum was established, the minutes and agenda approved. V. Transportation Services Report B. Project Manger Report - Darryl Richard Murdo Smith demonstrated the new sign design for a cost of $14,500.00. Bud Martin moved to approve the original sign design without the tile at the bottom, without mermaids, no lights and add two logos not to exceed a cost of $12,000.00. Second by Charles Arthur. Bud Martin amended his motion to include that the sign be maintained by Parks and Recreation. 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Z~~Wa:Z ~c(~iilal~ 8!:1c(~~~ C(Cl~:ijffiCl a:~a:~l<:~:I:iil~...Ja::I:~ WU~::l~ZUO!zC(WI-~ :I:Wc(ooa:-...JZ-Cl:I:a:a: I-O...J > Z Q. c( ~ c{ a: W 1-0 W W w>_cn::::!:oIlIC:..Jo.....J LLo.. o a: ...J...J o 0::0 :<t:_ Z U a..U ~ ~ ~ a..u a.. v Z c(1- c( 00 ::l ooool-U II) I-)o~ ZZOOa: III ~~:: ~~t5f2 ~ :;;::lOOOI-I-Uw III ~OI-a:I-I-a:>ooWe. O...JooWWWWa:>ii1 1f~~lJ;88lJ;lllo::... -o::Z::l::lZwWc( ~~I-~alal~0::~6 U I- I- a:.. 16 / 141 7 Maintenance Working Group Report For January 4, 2007 MSTU meeting December 30, 2006 While the Maintenance Working Group did not meet in December, I'm very pleased with the sidewalk work that the County recently completed on the South West corner of Vanderbilt Road and Vanderbilt Drive. At the time of this writing, I'm not sure what or if any damage was done to our MSTU irrigation system. I expressed this concern to Darryl, and I'm confident that he is working with Robert to take care of any problems. I worked with Darryl throughout this the construction period. I gave him periodic progress reports per my observations, and he coordinated my concerns with the John Travis, the project manager. I extend my special thanks to Darryl for his timely coordination on our behalf. An example of his coordination is the extension of the asphalt paving to the Dunes entrance. The appearance of the intersection has been substantially improved, and I'm confident that the regular flooding problems of the past have been resolved. I hope the Committee will consider sending a letter of thanks to the appropriate County staff with a copy to Commissioner Halas. Respectfully submitted, Lew Schmidt 16 , 1 ..~ 1 7 February 1,2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sil1ery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Vanderbilt MSTU Proiect Status (V A-22)- ACTIVE -{POC: Darry! Riehm'd) Parks & Recreation Signs 1-3-07: Murdo -parks & rec. - addressed committee on design 1-29-07: Murdo wil1 report to Committee at 2-1-07 regular meeting. (VA-18) - ACTlVE-ONGOn.jC (POC: Tessie S:lIery) - Maintenance Contract- Contract #OS-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance"; Current Renewal Period expires December 13, 2006. P0#4500052464; dated 1O/06/200S; Commercial Land Maintenance (Vendor 100671); Notice of Award sent December 1 S, 2004; First Contract Period 12/14/04 to 12/\3/0S; Second Contract Period 12/13/0S to 12/\3/06; Note: 2 additional renewal periods remain. (Maximum extension this contract is to 12/13/08) (VA-IS) - ACTIVE - (pac: Darryl Richard) -Power Line Burial; Project Preliminary Research Phase; Construction Cost: $6,151,000.00; Preliminary Phase: FPL Request Further Breakdown of Project into 1/2 of Gulf Shore Drive for project cost to come in at approximately 3.5 mil1ion. MSTU Committee Sub-Committee Chair for FPL (Charles Arthur) to set up meeting with Commissioner concerning his request for a meeting with Committee representative, FPL representative (Grover Whitten), and representative from Homeowner's Association (member TBD). Subcommittee Chair Charles Author was to meet with Commissioner Frank Halas regarding this request and report to Staff. Tom Kuck, of Collier County, Engineering Services Department, Engineering Services Director is new contact as per Charles Arthor. Currently the Project is not moving forward due to budget constraints, unresolved procedural issues (lack of documentation from FPL i.e. Right of Way Agreement for the purposes of relocation of existing utilities and future relocation of existing and installed utilities as a result of the project. During the 1-6-06 MSTU Budget meeting the option of a 'Revenue Bond' was mentioned by Mike Isackson he said that this would have to be confinned. FPL is to provide the requested document for agreement between FPL and Collier County. 4-17-06 - ACTIVE - FP&L to provide agreement for right of way - pending S-I-06 - Need Documents from FPL in order to proceed with project. S-1 S-06- Charles reported that FP&L would have it in a few weeks and wil1 report to proj. mgr. S-24-06-Call Jamie French to follow-up on status ofFPL reI. to County Activities S-30-06 - Jamie French reports Grover Widden is waiting for public service commission to approve agreement with collier county and 2S% matching funding. 6-12-06 - Contacted Jamie French to obtain exact meeting times/dates which the Public Service Commission wil1 be considering the 2S% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 6-27-06 Contacted Jamie French to obtain exact meeting times/dates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 7- 18-06; Review by public service commission -pending on approval ofBCC Vanderbilt Ordinance- Amendment. 8-7-06: BCC approval on 7/25/06 for ordinance revision to include burial of power lines. 8-22-06: Jamie French confinns meeting with Grover Whiten (Andy Whitely-alternate) and CDES staff on August 24, 2006 to review 'Hardening' program. Currently the Public Service Commission has not approved the 2S% matching program by FPL (pending). Additionally, Kate Donifrio, FPL reports that they have yet to receive the final copy of the 'agreement' for ROW utilization for the project from the FPL attorney office. 1 1611,417 8-24-06: Jamie French, CDES, Diane Flagg, A TM Director, and Tadd Pluck, TECM Engineer attend CDES/FPL Meeting of August 24, 2006. Still under review Oct-Nov Public Service Commission will review to approve FPL proposal of25% Cost Sharing and Right of Way Agreement and Depreciation value is under review. Funding for private individuals cannot be publicly funded (question). Switch Boxes above base flood elevation (question). 8-31-06: Jamie French communicates that Tadd Pluck has the Right of Way Agreement that Grover has been referencing to in previous conversation. 9-14-06: Jamie French reports that the County Attorney is reviewing the proposed ROW agreement. And that the FloFiEla State LeginlaltH'e and Public Service Commission has to approve the 2S% proposal from FPL. After these approvals the MSTU Committee needs to consider plan to finance the proposal which is about 6 million (2006 FPL quote). 12-19-06: Copy of ROW Agreement forwarded to County Attorney Scott Teach for review. 1-3-07: Copy sent to Thomas Palmer County Attorney 1-10-7. County Attorney - FP&L agreement under review 1-17-07: Meeting to be set up with Charles / Grover Whidden /Darryl/Diane - regarding agreement 1-24-07: Meeting was cancelled due to Charles being out of town and other infonnation needs to be distributed. (VA-17) - COMPLETE -Conversion to Motorola Irrigation Controller. 9-14-06: Committee votes for staff to proceed with conversion to Motorola Controller. 9-22-06: Site inspection and coordination with existing project drawings. 10-3-06. Verification of specification for Motorola irrinet controller with Irrigation Project Manager Roger Dick. Request for Quote from E.B. Simmonds is due by Oct. 20, 2006. E.B. Simmonds to provide all electrical components. 10-18-06: E.B. Simmonds quotes complete project at $22,790.00; requires Committee Approval in order to proceed. 11-2-06: Committee votes not to proceed with Motorolla Irrigation Controller Conversion. 11-2-06: Project cancelled. V A-19) - COMPLETE-SDP PLAN REQUEST -Request for SOP Plan for Developments within MSTU Boundary - As per MSTU Committee discussion on 10/S/2006. 11-17-06: No Plans on record as being submitted for review in Transportation per John Podczerwinsky. Plans once received will be forwarded to MSTU Liason Staff for review. (VA-16) - COMPLETE -CLM Outstanding Maintenance Items Added on September 14, 2006: 1. Replace 2 valve boxes (and/or covers) at Pine and Vanderbilt Drive. 2. Cut the tops of the ficus hedges as per Working Group direction during previous walkthroughs.Replace 3. any dead and or dying bougainvillea and trim all bougainvilleas to eliminate all leaders. (Comments regarding "north of Tradewinds' bougainvillea - inspect for replacements and/or pruning) 10-S-06: Item #2 and #3 completed. 10-26-06: Item #3 Completed; all valve covers are in place. (V A-21) - COMPLETE -Request for Staff assistance with vehicles parking on irrigation heads and valves along Vanderbilt Drive. 10-20-06: Margie Hapke, Public Infonnation Coordinator, Public Utilities/Admin; contacted regarding Committee request. 10-23-06: Margie Hapke sends notification to all field crews to avoid parking on grass and in particular sprinkler heads and landscaping within Vanderbilt MSTU Boundary. (V A-20) - COMPLETE -Request for FPL to trim trees from around power lines. 10-0S-06: Committee request to have staff contact FPL to have them trim power1ines within the MSTU Boundary. 2 16fJA 17 10-20-06: Becki Daniels, FPL, Vegitation Management, Senior Utility Arborist West Region contacted regarding Committee request. 10-26-06: Becki Daniels has deligated inspection and corrective action with 'Mike' ofFPL field arborist maintenance crew. Trees are to be inspected and pruned as per standard FPL practices. (V-14) COMPLETE -Bench Replacement QUOTE RECEIVED FROM ANNUAL CONTRACTOR V ARlAN CONSTRUCTION FOR $16,104.00 ($10,229.00 Installation; $5,875.00 Materials) February 10, 2006. 3-06-06 - CLM to provide quote as per committee request. 4-6-06 - CLM quote for $3,057.20 Approved by Committee April 6, 2006. 4-12-06 _ Bench Order PO Sent to Contract Connections - Order will be shipped to CLM. 5-1-06 _ Product order is pending, CLM is ready to install. 5-15-06 - No change in status waiting on material. 5-30-06 - Mark Adams reports bench order will arrive within two weeks and are being shipped to CLM. 6-12-06 - Still waiting for delivery. 6-21-06; Check w / Mark Adams on status 6-27-06; Order will be delivered in two weeks - Per Mark Adams 7-12-06; Order was to be shipped outju1y 111b - in transitto commercialland maint. 8-14-06. Order received by CLM and will be installed beginning August 23, 2006. Installation is to be complete by September 1, 2006. 9-14-06: Installation Complete By Commercial Land. (V- 1) - COMPLETE- PROJECT -REVISION TO V ANDERBIL T MSTU ORDINANCE S-2S-06-Scott Teach contacted regarding revision. 5-30-06 - Scott Teach is working on revising ordinance. 6-12-06 - Darryl emailed the revised ordinance to scott for approval & Dick Lydon. 6-27-06. Revising original draft coordinates and adding fiscal. 7-18-06 -BCC to approve Amended Ordinance 2006- 7-2S-06 7-2S-06: BCC Approves Ordinance Revision. 8-22-06: Revision to ordinance is complete (V-2) COMPLETE-Report on Interest Rate for MSTU. Derrick Johnson reported the interest earnings for the Vanderbilt MSTU Committee. The Committee requested that Derrick provide an annual tabulation of the interest earnings since tbe creation of the MSTU in 2001. 3-20-06 - Tessie has request meeting with Derrick Johnson. 4-17-06 - Derrick Johnson to attend next MSTU S-I-06 - Derrick Johnson to provide S year report on interest earned. S-1 S 06 - Derrick Johnson provided and committee satisfied with report. S-1 S-06 - Committee requested an additional report with mstu report. S-30-Q6 - Complete: Derek reported at mstu meeting. May 4". (V-3) PROJECT CANCELLED-Effluent Connection - Project Preliminary Research Phase; Construction Cost: $900,000.00; Design Cost: $170,000.00; (V-4) COMPLETE-Bluebill and Baker Carroll Point Planting Project - Project Complete July 1,2005; $\1,006.00 Project Complete (V-S) -COMPLETE - Bluebill and Gulf-Shore Drive -Project Complete August 30, 200S: Construction: $2,S71.00; (V-6) -PROJECT CANCELLED-Plantings Bayview@GulfshoreDrive- Cancelled 8/16/05; Construction Cost: $1,S90 3 1611A17 (V-?) PROJECT CANCELLED -Channel Drive@Gu1fshoreDrive-Cancelled 8/16/05; Construction Cost $1,S90 Project Scope to possibly include irrigation. (V-8) - PROJECT CANCELLED - Street Sign Project-Pending Vanderbilt HOA Approval: Construction: $15,390.00 Requires HOA Approval. Project is not approved by HOA (10-18-0S report from Lew Schmidt). (V-9) _ PROJECT CANCELLED-Plantings 111th at Vanderbilt Drive P1antings. (V -10) - COMPLETE- Sod Refurbishment Project - Project SO% Complete; Construction & Materials Cost: West Area ($3,999.20) ; East Area ($3,999.8S). Project 100% Complete on lO/1/OS (V-10) -NON-MSTU PROJECT-Gulf Shore Drive Sidewalk Project-Pathways-Non-MSTU Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status. Change Order to project is being processed. (V-II) -NON-MSTU PROJECT- Sidewalk Project-East Side of Vanderbilt Drive (Vanderbilt Beach Road to 111th Avenue- Non-MSTU Project; Pathways Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status (V -12) - COMPLETE, Vanderbilt Drive - Plant Material Replacement Project. Need to review plant locations with Commercial Land Maintenance prior to installation. Schedule at next sub-committee meeting. Meeting to be scheduled after Lew Schmidt's meeting with HOA on 1/9/06. (V-l3) _ COMPLETE-BACKFLOW PREVENTION-REPLACEMENT; Backflow preventor failed to operate. Reported on 3/22/06 and repaired on 3/28/06. 4 1611,417 -. ~ ~~ - of) ~ Vanderbilt l)each M.S.T.(1:'\ ';)11(;-1"" Advisor-':} Committee 2705 Horseshoe Driye South Naples, FL 34104 JJ)}- Fiala .~JI Halas_~~" ~enning~_~_ \~oyle ___ .\C____ Coletta ----- -"'"'-~._,--_..__.._-- April 5, 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - March 1, 2007 V. Transportation Services Report A. Budget Report - Caroline Soto B. Project Manager Report - Darryl Richard VI. Landscape Maintenance Report - CLM VII. Old Business VlII. Working Groqp Update's A. Utilities - Charles Arthur B. Maintenance - Lew Schmidt C. Tax Analysis - Bud Martin D. Liaison ~ Dick Lydon IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for May 3, 2007, 2:00 PM AT ST. JOHN'S PARISH LIFE CENTER 625111TH AVENUE Naples. FL 16/1 A 17 .... Vanderbilt 5each M.S.T.U. ~ Advisor!:) Committee 2705 Horseshoe Driye South Naples, FL 34104 March 1, 2007 I. The meeting was called to order by Chairman Dick Lydon at 2:00 p.m. II. Attendance Members: Dick Lydon, Bud Martin, Lew Schmidt, Carol Wright, A.D. (Bud) Martin (Excused) County: Darryl Richard-MSTU Project Manager, Tessie Sillery-MSTU Operations Coordinator, Lisa Hendrickson-Management Budget Analyst, Caroline Soto, Jim Fritchey-Commercial Land Maintenance, Inc., Eileen Macool-Mancan III. Approval of Agenda Lew Schmidt moved to approve the Agenda. Second by Carol Wright. Motion carried unanimously 4-0. IV. Approval of Minutes - February 1, 2007 Second page, fourth paragraph, figure "$14,500.00" should be changed to read "15,500.00" Mr. Martin moved to approve the minutes of February 1, 2007, with the recommended change. Second by Ms. Wright. Motion carried unanimously 4-0. V. Transportation Services Report A. Budget Report - Lisa Hendrickson Lisa Hendrickson introduced Caroline Soto, who will be taking her place. Lisa Hendrickson distributed and reviewed the report (see attachment). Discussion ensued on points as follows: . Purchase order was issued on 2/21/07, amount of $15,500.00 that is not shown on the report for March 1, 2007, for the sign. There will be a reimbursement of $4,000.00 . Water and sewer has been over budgeted, money has been saved 1 '. 1611 Al7 B. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment) . Re: Parks and Recreation signs, Murdo Smith will be reporting on status of project periodically, coordinating construction design . Re: power line burial, County Attorney has advised waiting to set up meeting with FP&L until FP&L has responded to his request for changes to the FP&L document . Discussed the need to determine the controlling statute . Desired end result of meeting needs to be specified . Determine if we need to go to the Public Service Commissioner . Determine what entity has ultimate decision making authority . What do we need to do to get project done . Find out if anyone has ever buried already existing utilities and learn what process they followed, need precedent . Mr. Richard and Mr. Lydon will work together to see how Palm Beach Village is handling the same issue VI. landscape Maintenance Report - ClM Jim Fritchy reported: . Trimmed hedges and low branches . Put plants in at corner of streets . Irrigation was checked and necessary repairs done . Turf treated for weeds and fertilized . Existing plantings dictated new planting placement . Ixorias have died and need to be replaced . Need to determine how to improve health of Ixorias, perhaps manganese . Crown of Thorns are dwarf variety and will grow to 12-14 inches VII. Old Business None VIII. Working Group Update A. Utilities None B. Maintenance - lew Schmidt lew Schmidt reported that dog droppings are a problem; various entities have been contacted for a remedy. C. Tax Analysis - Bud Martin No Report. 2 1611h'j7 D. Liaison - Dick Lydon Dick Lydon reported that City of Naples is not interested in pursuing. IX. New Business It was determined to approve the next fiscal budget at the next meeting. Copy of budget must be distributed one week before the April 5 meeting. X. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:55 p.m. The next meeting is scheduled for 2:00 PM, April 5, 2007 AT ST. JOHN'S PARISH LIFE CENTER 625111TH Avenue Naples, FL 3 Sue Filson Executive Manager Admin Bldg 3 ~~\ .f)/ '1r11q,~\ o/:!( ;). .'~" o..",-"__~.;>t:'~~:.22r"\ ~~~~.,_. . ~...~.~.~'fJ;.-.;f) .7.... .~} I 16/1A1B Fiala ~ Halas - ~__- Henning . . Coyle .~_~_ ~-- Coletta - -~--_._-- COLLIER COUNTY February 14, 2007 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation RA Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, February 28,2007 and will begin at 9:15 a.m. at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: I have attached the minutes from the January 17, 2007 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. SinCereIY~. ~d V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jeff Klatzkow Melissa Zone Amanda Townsend (Parks & Recreation) Misc. Corres: Date:~ .item.#:~ CopIeSl-to Ili,cl',ric l'rC~L'Dolti'n1/R\'[),'rh 16/1/1 j,; ~ :..\9~~~ ,,:<;,,:fjS, "'~ . '<j' ~.!;"'. ,!/, ~;t'Q 'K'><r .:~':,..~~ ....:-._..~....."""-. "'.:-".-"'""'"-"""."/"" i !J. ,,=,"" -', . '9\ ,I AGENI)A COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT(I:15 AM, WEDNESDAY, FEBRUARY 28. 2007 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTA1NlNG THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALI.i\TILNDANCE ., i\DDENDi\ T() THE AGLND.'\: 3. A.PPROYAL OF \11:\UTlS January 17,2007 ..) DEPARTMENT OF IONING &. LAND DEVELOPMENT REVIEW REPORT: A. Revised Mailing List to reflect newly elected officers 5 OLD BUSINESS: A. Update on the Historic Designation of Margood County Park & Historic Site B. Update on the Historic Designation of Fascher House C. Update on the Historic Designation ofNehriing's Tropical Garden 6. NEW BUSINESS. i. DISCUSSION OF ADDENDA 8. ADJOURN F:llistori~all Archaeojpgic3' Ag-::nda 16 I 1 I Ai 7 ,Q ..... \",Ci January 17,2007 " MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESERV A nON BOARD Naples, Florida, January 17, 2007 LET IT BE REMEMBERED, that the Collier County Historical! Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in REGULAR SESSION at the collier County Community Deyelopment Services Division Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: John Thompson William Dempsey Thomas Franchino Patricia Huff Sharon Kenny Ardavan Moaveni (Excused) Elizabeth Perdichizzi ALSO PRESENT: Ray Bellows, Zoning Manager Melissa Zone, Principal Planner, Zoning Dept. Jeff Wright, Assistant County Attorney 1611' Tp January 17, 2007 ,) 1. Roll Calli Attendance: The meeting was called to order by Chairman John Thompson at 9:17 A.M. Roll Call was taken, with Mr. Moaveni excused. A quorum was established. 2. Addenda to the Agenda: None 3. Approval of Minutes: December 20, 2006 Sharon Kenny moved to approve the minutes of December 20, 2006. Second by William Dempsey and carried unanimously 6-0. 4. Department of Zoning & Land Development Review Report: A. Elections The election ofa new Chairman was held. The election term is for one (1) year and can be extended for an additional year. Elizabeth Perdichizzi was nominated by Patty Huff. William Dempsey seconded the nomination and Elizabeth (Betsy) Perdichizzi was elected Chairman by unanimous vote. Tom Franchino was nominated Vice-Chairman by Elizabeth Perdichizzi. William Dempsey seconded the nomination and Tom Franchino was elected Vice-Chairman by unanimous vote. Elizabeth Perdichizzi assumed chairmanship ofthe meeting at 9:25 AM. 5. Old Business: A. Update on Historical Designation of Mar-Good County Park & Historic Site Copies of the Application for Historic Designation, the Archaeological Assessment of the Mar-Good Parcel and the Historical Assessment of Buildings at Goodland Harbor Park were handed out by Melissa Zone. She explained the intended use of the park and buildings, which are owned by the County. The Members recalled a former presentation, given to layout the County's plans for the Park. Some of the cottages are scheduled to be preserved and a site development plan will be presented to the HAPB for review, should they decide to go forward with the Historic Designation recommendation. Otherwise, the park will remain as just a County Park. John Thompson moved to recommend approval for Historic Designation of the Mar-Good County Park Site. Second by Patty Huff and carried unanimously 6-0. (Ray Bellows arrived at 9:36 AM) B. Update on Historic Designation of Fascher House Melissa Zone announced that the owners of the Fascher House are excited to move forward with the Historic Designation recommended for approval by HAPB. Melissa stated that this item will go to the BCC the first week in March. C. Update on Historical Designation of Nehrling's Tropical Garden Ray Bellows reported that the research on the reference papers and journals of Henry 2 - --- 16 11 A' }a8Y17'2007 Nehrling mentioned at the last meeting is still ongoing and awaiting the results of a trip to Orlando by Mr. Carr. It is anticipated that information on these extra research items will be provided and all bases will be covered at next month's HAPB meeting. According to Melissa Zone, the Executive Summary is waiting for this portion of the research before finalization. HAPB will receive copies of the Executive Summary and the Archaeological Historical Conservancy (AHC) report packet for their review prior to the next meeting. 6. New Business: A. Patty Huff inquired about the progress on the Brochure Guide project. Ray Bellows explained that it was not on this month's agenda due to Melissa's work load and training of a new Planner. He suggested that HAPB members could put together what they have and create a brief introduction highlighting the various places and points oflocal interest to be included. Patty Huff then offered to work on the introduction. Chairman Perdichizzi asked for the steps needed to help move the project along. She mentioned that some places of interest may require a letter from the owner, giving permission for them to be included in the Brochure Guide. Melissa Zone commented that their map department will create maps to add to the project. Inquiry was made about the properties of historic interest brought out by James Hammond at a prior meeting; and what came of his proposals for historic significance for several Collier County sites, some of which are on State or Federally owned lands. Melissa Zone informed the Group that she has made inquiries about this matter. Due to State and Federal involvement, it is a long process, but it could be pursued in the future ifHAPB so desires. Chairman Perdichizzi stated that Mr. Hammond is going to be publishing a book on the subject properties in the near future. Discussion followed on the US 41 scenic highway designation. Ray Bellows explained that the scenic highway desiguation was originally granted to protect the view corridors from development and preserve them for conservation. Patty Huff updated the Board on the Everglades City Metropolitan Planning Organization (MPO), who met to revisit their thinking on designation as a scenic road. They had voted at one time to recommend de-designating it. MPO is now waiting to hear from Everglades City and City of Marco on their input on keeping it a scenic highway. From the East end of Big Cypress to Collier Seminole is the Federal Highway portion. Everglades City's main concerns are restricting hunting, losing control of roads and more government control. Ray Bellows will check with MPO coordinator, Don Scott, for further news. Chairman Perdichizzi brought up and item she wanted to share with everyone about the Indian Mound on Horr's Island and the beginning process for being designated as a Historic Landmark. The Historical Society has invited Mike Russo, the archaeologist who had done the preliminary dig about 18 to 20 years ago, to speak in April. The work he had done is the first step to get the Indian Mound on the National Landmark. He has asked the Historical Society to help with public input. 3 1611i:~:R January 17, 2007 John Thompson stated that its significance is that Mr. Russo found evidence that well over 5,000 years ago it was occupied year round, making it the oldest year round site in North America. Winfield Corporation is the owner/developer of the property. Presentation for designation will come before HAPB for approval at a later date. Jeff Wright reported that the oral report given last month on HAPB rights on State and F ederallands is being printed and will be distributed soon to staff and HAPB members. John Thompson announced that March is Archaeology Month and there will be an Otter Mound display on March 7, 2007 at the Museum. Patty Huff announced the re-opening of the City Hall in Everglades City on Saturday, Jan.27 and everyone is invited. 7. Discussion of Addenda: None The next scheduled meeting will be held on Wednesday, February 28, 2007 at 9:15 AM in Room #609 Collier County Development Services Division, 2800 N. Horseshoe Drive. There being no further business for the good of the County, the meeting was adjourned by order ofthe chair at 10:00A.M. ************ HISTORICAL/ARCHAEOLOGICAL PRESERV A nON BOARD Chairman, Elizabeth Perdichizzi 4 161 lA J8 Fiaia )~~k__.__ Halas d___~' _.___,._ Henning_.___ _. . Coyle..__.______ __ Coletta __.___.__ _ COLLIER COUNTY March 7, 2007 RFCEIVED MAR 1 9 2007 Dr. Wes Singletary Certified Local Government (CLG) Coordinator Bureau of Historic Preservation RA Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 "!jam 01 c~)un!'{ RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that a pubiic meeting for the Collier County Historic and Archaeological Preserva1ion Board has been scheduled for Wednesday, March 21, 2007 and will begin at 9: 15 a.m. at the Collier County Community Development & Environmen1al Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: I have attached the minutes from the February 28, 2007 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate 10 call me. My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. Sincerely, ili /7 /) t / <-<L;:r / :;e fl'-./ Raym6~d V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jeff Klatzkow Melissa Zone Amanda Townsend (Parks & Recreation) I;H ,:C ['1,_" r- ;'i, ':Iil-'.\~ i 1611 ... , AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:15 AM, WEDNESDAY, MARCH 21, 2007 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE A V AILABLE FOR PRESENT A TlON TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL/ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROV AL OF MINUTES: February 28, 2007 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: 5. OLD BUSINESS: A. Presentation by Collier County Transportation Planning staff conceming the Scenic Highway designation of US-41. B. Review of the Executive Summary for the Margood County Park & Historic Site C. Review of the Executive Summary for the Fascher House Historic Designation D. Update on the Historic Designation ofNehrling's Tropical Garden 6. NEW BUSINESS: 7. DISCUSSION OF ADDENDA 8. ADJOURN I-ill is\! lril,l1/ Arch;j('\ 1]( 19i C:JI, .'\gcl1da 1 6 , lruJs, l78 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, February 28, 2007 LET IT BE REMEMBERED, that the Collier County Historical! Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9: 15 A.M. in REGULAR SESSION at the Collier County Community Development Services Division Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: Elizabeth Perdichizzi William Dempsey Thomas Franchino Patricia Huff (excused) Sharon Kenny Ardayan Moayeni (excused) John Thompson Dayid Draipsa (yolunteer) STAFF PRESENT: Melissa Zone, Principal Planner, Zoning Dept. Michele McGonagle, Zoning Department Don Scott, Transportation Dept. / Acting MPO Chairman Brandy Otero, MPO Planner Amanda Townsend, Parks and Recreation Jeffrey Klatzkow, Assistant County Attorney ALSO PRESENT: Ted Hudgins, Naples Zoo, Board Member Nancy Jane Tetzlaff-Berens, retired CEO, Naples Zoo Robert Berens James Hammond, Cary Hester, Landscape Architect 1611 .!. duary 28, 2007 1. Roll Calli Attendance: The meeting was called to order by Chairman Elizabeth (Betsy) Perdichizzi at 9:20 A.M., at which time she reminded the members of the importance of calling in if they will not be in attendance. Roll Call was taken and a quorum established. 2. Addenda to the Agenda: Add: Under Old Business---Discussion of Scenic Highway Designation - Don Scott - James Hammond Melissa Zone requested this additional item be taken up as the first item under Old Business. John Thompson moved to add the Scenic Highway Designation discussion to the agenda, as the first item taken up under Old Business. Second by Bill Dempsey and carried unanimously 5-0. 3. Approval of Minutes: January 17,2007 Sharon Kenny moved to approve the minutes of January 17, 2007 as presented. Second by William Dempsey and carried unanimously 5-0. 4. Department of Zoning & Land Development Review Report: A. Revised Mailing List to reflect newly elected officers. (handout) Melissa Zone distributed the revised member directory and mailing list showing the newly elected officers, namely, Chairman Elizabeth Perdichizzi and Vice-Chairman Tom Franchino. 5. Old Business: A. (1) Scenic Highway Designation discussion Don Scott, as acting Chairman of the Collier MPO, provided the Members with an outline and project history ofthe Scenic Highway designation. He explained that the Tamiami Trail Scenic Highway designation started out as a grassroots effort and led to Collier MPO submitting an eligibility application in 1997. A State designation as a "Florida Scenic Highway" came in1998, and a "National Scenic Byway" designation in June of2000. Over the next several years issues arose amongst the several entities and local area residents, regarding allocated funds, uses & safety issues, controlling interests and limiting access rights. This resulted in the Collier MPO Board voting to remove the scenic highway designation. However the State and the Federal government have never de-designated the designation. As it stands now, the issue has been brought back for discussion, encompassing the various concerned entities who have interest, control or oversight, providing them with the opportunity for input as to their interest in bringing the idea forward to restore the designation. Everglades City has expressed opposition to this restoration. Mixed responses from other local sources have been received. Since much of the land along the corridor is government owned (State and Federal), they may require compelling reasons for de-designating the Scenic Highway when it took so long to get it designated in the first place. 2 1611 ,y...., ~ (jl ,',\ February 28, 2007 A letter from Mariano Berrios, responding to some of the issues, was received by Chairman Perdichizzi. James Hammond spoke on the subject, stating he has been working with several Historical Societies, among them, Friends of Fakahatchee, Marco Historical Society, Naples Historical Society, the Sportsmen's Alliance and S.W. Florida Archeological Society whose input should be heard. Since several are not in favor of de- designation, he requested to be put on next month's agenda and that a complete package of information and input from concerned citizens of Naples and Marco Island is presented so that all could put in an opinion, and not just go by the dictates of Everglades City. Decisions made in preparation of the March 21st meeting James Hammond will contact several Historical Societies (Marco Island, Naples, etc.) and put together a presentation packet. Don Scott will invite representatives from MPO to attend. Chairman Perdichizzi requested staff to send out to members well in advance of the March 21" meeting, copies of the letter she received and discussion items from Don Scott; along with copies of any information contributed by James Hammond and David Draipsa. She stated that representatives from both sides of the issue will have equal time to present their information as a package for HAPB to review prior to making its recommendations to the BCC. A. (2) Update on the Historic Designation of Mar-Good County Park & Historic Site Melissa Zone announced that the Historic Designation of Mar-Good County Park and Historic Site is on the BCC agenda for April 27, 2007. The recommendations of both HAPB and Parks and Recreation approving the Historic Designation will be voted on at that meeting. Melissa will provide copies ofthe Executive Summary and any accompanying material to the members well before the next HAPB meeting. B. Update on the Historic Designation of Fascher House Melissa Zone announced that the Historic Designation of the Fascher House on Keewaydin Island is on the BCC agenda for April 10, 2007. HAPB has already recommended its designation. Melissa will also provide copies of the Executive Summary along with the Mar-Good Executive Summary. C. Update on the Historic Designation of Nehrling's Tropical Garden (handout) Amanda Townsend provided copies of the Final Draft of the Cultural Landscape Assessment of the Naples Zoo Property, Collier County, Florida. She stated that it has been approved by Staff as complete according to the requirements of the RFP. She then went over the report and maps, reviewing the following AHC findings and recommendations of the report as follows: 1. Although AHC did not find evidence of a cohesive garden, they have identified among the plantings, major specimen plants and their believed origin. 2. All major identified specimen plants, with their believed origins to be preserved. 3 1 6 I lA le8ary 28, 2007 3. All sub-surface subsurface work to be monitored by a registered archaeologist. 4. Site of original Gate House being recommended for listing on the National Register 5. Primary recommendation for the Gate House building is for it to be restored on site and used for an interpretive center or a Secondary recommendation is for it to be moved to a nearby location, restored and used for the same purpose. Amanda reported that the plan is to try to keep the building in its present place. Also planned is to create a service road running parallel with Goodlette Frank Road, allowing access to the Zoo, the Gordon River Greenway Park, the Conserv- ancy and the development north of the Zoo from the signal at Fleischmann Blvd. Melissa Zone will use the report as the basis for preparing the Executive Summary. She suggested May 8, 2007 as the date to bring this designation to the BCe. Tim Hudgins, of the Zoo Board was asked to provide copies of the Master Plan for review by HAPB at the March 21 st meeting; and, if some representation from that Board could attend that meeting to discuss their thoughts on how to bring this forward to the BCC. Discussion followed on items in the report questioned by David Draipsa and Cary Hester, a Nehrling researcher: (Their preference was for a cultural landscape report) . There does still exist more of the historic garden, as it existed in Nehrling's literature, but is not noted in the report. . Master plan was supposed to be based on the report but plan was done without the report. . A tree survey was suggested, but not shown. . Need is to preserve what is there; and to restore some of what was there. Nancy Jane Tetzlaff-Berens spoke on the goal of the Zoo to work together. She told of the vandalism that occurred in the early 1950's, the replenishing done during the Fleishmann development years and the additions ofplantings by the Zoo. She stated the Zoo is trying to preserve as well as to grow. Tom Franchino restated what the Historic Designation does and does not do. Decisions made in preparation for the March 21, 2007 meeting: . Cary Hester offered to provide an overlay ofthe garden as he had done for a similar garden in Gotha near Orlando. . Copies of the Zoo's Master Plan will be provided to Mr. Draipsa and Mr. Hester as well as to all HAPB members and Staff liaison. . Representative from AHC will be invited to attend. . Mr. Draipsa and Mr. Hester will provide any other supporting evidence they wish the Zoo Board, AHC representative and HAPB to consider. 6. New Business: Michele McGonagle was introduced and was welcomed as the new liaison for the HAPB and Staff. 4 1 6 , 1 j,{ le~ry 28, 2007 John Thompson announced that March is Archeology Month and the following activities have been planned: . March 7- The dedication of the County purchase of Otter Mound on Marco Island . March 15 - A program by three prominent speakers and an artifact identification opportunity at the Naples Depot. . March 30 and 31 - Old Florida Festival at the Collier County Museum. Display of the proposed Marco Island Museum will be available. 7. Discussion of Addenda: Scenic Highway discussed previously under Old Business The next scheduled meeting will be held Wednesday March 21, 2007 in Room #609 Collier County Development Services Division, 2800 N. Horseshoe Drive. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:28A.M. ************ HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Chairman, Elizabeth Perdichizzi These minutes approved by the Board on as corrected , as presented or s ;' 1~18 Collier Metropolitan Planning Organization (MPO) Review: Tamiami Trail Scenic Highway March 21, 2007 Prepared by: Brandy Otero, MPO Planner Obiective To generate discussion and obtain input from the Historical Preservation Board regarding the designation status ofthe Tamiami Trail Scenic Highway. Backl!round On May 13, 2005, the MPO Board voted to remove the Scenic Highway Designation from US 41, the Tamiami Trail. The designation existed from CR 92 to the Dade County Line. On May 27, 2005, the FDOT Scenic Highways Administrator, Mr. Mariano Berrios, responded to several concerns and issues related the Scenic Highway designation. This letter is included as Attachment A. Over the past year and a half to date, several citizen groups have written the Florida Department of Transportation (FDOT) requesting that the designation not be removed. At present, it has NOT been removed by FDOT or Federal Highway. Given this public sentiment, the MPO Board agreed to reconsider the Scenic Highway designation at a future meeting (a date still to be determined). There were several speakers on both sides of the issue in attendance at the October MPO Board meeting. MPO Board members have directed staff to speak to local municipalities and affected communities to obtain their comments before bringing the issue back to the Board. To date, staff has presented to the City of Naples who responded that they were in favor of the Scenic Highway. The City of Everglades City does not wish to have a presentation and explained that they are still opposed to the Scenic Highway designation. Staff has attempted to contact the Miccosukee Tribe, however, at the last MPO Board meeting, Commissioner Coletta stated that according to Mayor Sammy Hamilton, the Miccosukee Tribe is still opposed to the designation. Attachment(s) Attachment A - Letter from Mariano Berrios addressing concerns Attachment B - Timeline of events ~~-"" --.-. .---------_. -- -.-.-- '1 .f' 1 1 ,;'J ., 8 -,;p~~ , ":t ..~." "-n,o , J.., '.~ Florida Department of Transportation JEB BUSH GOVERNOR 605 Suwannee Street Tallahasse<;, Fl32399.0450 JOSE ABRKU SECRETARY May 27,2005 Commissioner Tom Henning Chafrman, Collier County MPO Collier County Government Center 3301 East T8mi.ami Trail Naples, Florida 34112 . Dear Chairman Henning: On May 13th, 2005 the Collier County Metropolitan Planning Organization (MPO) voted llnRn;mously to reqUest de-designation of the Tamiami Trail Scenic Highway (US 41) from the Florida Scenic Highways Program (FSHP). This vote too~ place after several' public speakers voiced their opinion against the S~c Highway designation, which seems to be based upon misconceptionS about the restrictions or limitations that he Scenic Highway designation imposes. I would like to take the time to address these misconceptions and hope that the MPO will reconsider the action taken regarding the Tamiami Trail Nationally.and State Designated Scenic Highway. 1. The speed limits along the Tamiami Trail h;\ve been and will be affected by the Scenic Highway designation:' . Florida Scenic Highway designation does not qffect speed limits in arI)l manner. . Speed limits are set by the FDOT based on highway claSsificatiirn, geometry, traffic volumes and composition, . and safety among other factors. Speed limits on the The Tamiami Trail Scenic Highway should riot be affected baSed solely on the y designation. . 2. Public access has been and can continue to be altered negatively due to the Scenic Highway designation. Florida Scenic Highway designation does not have the ability to affect public access in arI)l manner. All public access issues are handled by the legally responsible parties for the land being accessed in cooperation with the FDOT. The Scenic Highway CME can promote their wishes concerning public access, as can arI)l citizen, business, etc., however, the Scenic Highway (or CME) has no JhdFt4""~S . ~ 16 1 1 ~ '1. B Commissioner Tom Henning Page 2 May 27, 200S ability to alter public access. Most Florida Scenic Highways work to promote public access, not take it away, and do so through their Action Plan in the CMP, which outlines . how the goals and strategies of the Scenic Highway CMP will be put into action. All local governments along the scenic highway are part of the CME and have their input and concerns addressed in the CMP. .3. There have not been an adequate-number of public notices "and mailings regarding the status of the Scenic Highway and any of the Corridor Management Entity (C:ME) meetings. Due to the inactivity of the Scenic Highway CME it is understandable that there has not been public mailings. The CME has not. been active or having regular meetings, therefore, no mailings would have been sent to the public. If the CME were to become active and revise their Community Participation Program (CPP) it is assumed that public mailings would be sent out regularly to keep the public informed of all happenings. The Florida Scenic Highway Program Manual states "A CPP is an outreach program designed to heighten awareness, build consensus, and foster public involvement in support of the corridor. The importance of the CPP, cannot be overemphasized, for it is only through community education and interaction. that consensus con be built to ensure the success of the corridor." The Program Manual goes on the state that a meeting be "advertised in the local newspaper at least two weeks prior to the meeting. If the Corridor passes through several communities (as the Tamiami Trail Srenk Highway does) then notification should run fn each commilnities newspaper." The CME is also advised to use mailing$, fliers, newsletters, signs, and other forms of public notification. 4. The Scenic Highway has not helped the economy oftbe local businesses along the Scenic Highway corridor. . This statement is may not be accurate. It is difficult to gauge the I!conomic impacts of the designation without. supporting data. The Florida Scenic Highways Program has established an Annual Reporting system that trqcks the economies along a Scenic HighWay, however, the Annual Reporting system relies upon the individual Scenic Highway groups (CMEs) to complete the Annual Report and the Tamiami Trail group . has failed to do so. Therefore, iUs difficult to track the economic impact that the Scenic Highway designation has had on the business along the Scenic Highway corridor. The Tamiami Trail Scenic Highway has received over $8.6 milliori dollars in funding since becoming a .designated SCenic Highway in 1998. This money has been awarded for master planning, a visitor center at Big Cypress Preserve, historic preservation projects, SCenic overlooks, and other projects that improve the Tamiami Trail corridor and attract visitors. Designation as a State Scenic Highway and a National Scenic Highway affords the Tamiami Trail many funding opportunities that will go away if the designation is removed. 16/1 h I:,: l~ -, '. ) Commissioner Tom Henning May 27, 2005 Page 3 The local economy of a Scenic Highway benefits from national marketing by the Federal Highway Administration (FHWA) of nationally designated corridors and the FDOT's marketing of all state designated corridors. 5. The Scenic Highway designation brings more strict government regulations to the corridor. . . The Florida SCenic Highway Program (FSHP) does not impose regulations on the cortidor. The only requirement that Scenic Highway designation places upon a corridor is a federal requirement related to billboards. During the Designation process the Corridor Advocacy Group (CAG) is informed that the Scenic Highway corridor must adhere to Section f046(c) of ISTEA, which precludes the issuance of new outdoor advertising permits on designated Scenic Highways. Other than this, no other regulations are imposed,. 6. There is no public support for the Scenic Highway. Currently, it appears that there is a lack of public support for the Scenic Highway. H~ever, this may be a direct result of the lack of pctivity by the CME. It is imperattve to the success of a Scenic Highway that the CME !reep the public involved as the Scenic Highway evolves to prevent the public from loosing enthusiasm and motivation to further the Action Plan of the eMP. It appears that the Tamiami Trail Scenic Highway CME lost the interest of the public due to .its inactivity, The public's interest could be renewed again :with the formation and fUnction of an active CME. . 7.. Scenic HighwaY funding will not improve infrastructure along the corridor. Improving the iTlfrastructure is not the only intent of the FSHP. The FSHP focuses on . community grass roots based support and preservation, enhancement and maintenance of the intrinsic resources of the corridor. The program promotes economic prosperity and broadens the traveler's' overall recreational and educational experience. The Scenic Highway can receive jimding that improves iTlfrastructure, such as trails, scenic pull offs. and other amenities via National Scenic Byways Grants and transportation enhancement fUnds.' .. 8. There is language throughout the Corridor Management Plan' that is questionahle and thought to he bad for the well being of the Tamiami Trail corridor. The Corridor Management Plan is the CME's document. Text changes can be made during the revision of the CMP if the CME becomes active. The public can contribute to the revision of the CMP. Any language that was questionable can be discussed with the CME and can be revised or deleted during the revision period, Commissioner Tom Henning May 27,2005 1.6 , 1., ,~, : . r '~\ i < Page 4 The Tamiami Trail SCenic Highway is a resource that is not only deserving of the recognition that the Florida Scenic Highway Program designation brings, but also that of the National Scenic Byway designation that was awarded in 2000. The l'amiami Trail Scenic Highway is a national jewel that should be appreciated and shared with many. Achieving designation at both the State and National level is a tremendous task that took many years and many hard working local people to complete.' Getting slate and national de";gJlation is no easy task. To take away this designation without fully involving the public and hearing their voices, not just the voices of a few, would be a truly misguided effort. Removing the Scenic Highway designation based upon misconceptions would be doing an injustice to the Tamiami Trail Scenic Highway and its residents. I am wi~ to attend your next meeting to further clarify many of the misconceptions leading to the May 13 ,2005 vote. Please contact me at (850)414-5250 if you have any questions. Sincerely,. g< . .U~ Mariano B os . ' A .. or. Florida Scenic Highways Program cc: Mr. Charles Barmby, Director, Collier County Metropolitan Planning Organization Mr. Jose Abreu, Secretary Florida Department ofTranspartatioJl. Mr. Stan caim, District I Secretary . Ms. Susan King, District 1 Scenic Highways Coordinator Ms. Carolyn H. Ismart, Manager Environmental Management Office Mr. Robert W. Crim, State Environmental Development Engineer Ms. Lynne Marie Whate1y . Mr. Andy Nicol April 2, 1996: May 1996: June 1997: February 1998: August 1998: December 1998: June 2000: January 2004: May 2005: ATTACHMENT B 1611 A 18 The Tamiami Trail Scenic Highway Project History Collier MPO decides to move forward with Tamiami Trail Scenic Highway designation. First stakeholders meeting held; decision made to create Corridor Advocacy Group (CAG). Collier MPO prepared and submitted eligibility application. Community Participation Program developed. Tamiami Trail Corridor Management Plan developed. Tamiami Trail designated a "Florida Scenic Highway". Tamiami Trail designated a "National Scenic Byway". Tamiami Trail National Scenic Highway Master Plan developed. MPO Board voted to remove Scenic Highway designation. 16 IlA 1. 8 ". ...1........ ......li A ~ ',~.. ", .. d' _ .. . -, ,., ;. _.. .." ~I ;}"//;'~'~" '.. ". '~-.:/' '. ,~~.- .. -";".. :."".. .. ~~. ---'" ,:'.: .~.;,'" t"\ Q:..., ~~."... "I .;.~;~",,,, ..,:,;~~ - 1 ! 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IQ'lR'" Jilin ) ~" !l!:lg&~n.. i~,.YRI'~~,,~~i9!l, ,~s~~". . .... 19~i;;. ~j' Conrd,n.tP with LJSAC:OF re.g;irdingVeget.tion M,m>gi'mpnT' ',,' Conrdin>te with I JSACOF.r$rdinf Mndified W.tet OeliverieS'i . .: Revipw/Rpvisp.. Corricklr M~n~gp.meot Pbn ....1998.'1000. ,.1998'" 1000' 2002" 20IH ) , ) ) ( C ( 16 I lA 1. 8 'V v 16 \cl~\=8 /v vv r J I \J I -=:Jc~nJc TJJjnVJCJY Executive Summary The Tamiami Trail tens a. unique Florida story. Traveling along the Trail can provide a window to our past and am. appreciation for the preservation of outstanding natural resources for future generations. in order to seek "Borida Scenic Highway" designation, a local grassroots effort in the form of the Corridor Advocacy Group (CAG) was initiated. A letter of eligibility for the Tamiami Trail was issued from the Florida Department of Transportation on December 2, 1997. Since that time, the CAG, Borida Department of Transportation District One, and the Naples (Collier County) Metropolitan Planning Organization have conducted a community participation program, developed a vision for this scenic highway, and drafted this Corridor Management PIaL"'. The vision is shown on the following pages. The improvements and enhancements that comprise this vision were developed and prioritized by members of the public and the CAG during a series of public workshops. A Corridor Management Entity will be formed once Scenic Highway designation has been granted. This entity will be serve as the caretaker of the Scenic Highway by ensuring - that all corridor activities are monitored and implemented . according to this Corridor Management Plan and that the Action Plan is executed. The proposed Tamia..rni Trail Scenic Highway is a SO-mile segment of US 41 located in Collier County, Florida. The proposed scenic roadway corridor begins at the nort1:t boundary of the Collier-Seminole State Park and extends eastward through the Picayune Strand State Forest, F akahatchee Strand State Preserve, the Ten Thousand Islands National Wildlife Refuge and the Big Cypress National Preserve. The completion of the Tamiami Trail from Naples to Dade County in April 1928 hallmarked the end of the final pioneer period in Collier County. The Trail opened the "frontier" area to commerce, settlement and development. Today, while it remains a vital link for commerce, it also remains an area inhabited by Native Americans and other established families and communities. It is a splendid scenic resource for the local residents and the thousands of tourists who visit each year. The Trail links Collier County to Dade COWlty through 50 miles of breath-taking, scenic landscapes of sawgrass and subtropical wilderness. Scenic highway designation is an opportunity for a modem public-private partnership to preserve and build on the intrinsic resources of the Trail. The scenic corridor will provide improved access to the Everglades environment. It will allow the roadway to be improved in ways that will emphasize the natural beauty of the route. It can be used to preserve the Native American history of the area, as well as the more recent history of growth-and development. At the same time, the Tamiami Trail can be maintained, not as an historical artifact, but as a living artery, in keeping with its pri.ncipal original purpose. o Lener u! ICHelll utt;::r .~f lI!i.teKlt ]F1ori-ill1 5o:e@TIIt JBUghW3YS PrQlgli21:t"J. \ Applicant secicing 11 ,National D~ignat;o"? I 6 ID Yes I I~ No 1 11.~ " if .1 8 Sub~,~~::;7' ofthi'; Les-ter 1JIflnteutveLifies t~-:.~t aes.ignajic-:i! a.s a Florida Sce:J.ic H::ighway is being scught fGr~'~...DI ~deDtified'be~ow. Piease subII'it ili~ OOmpRe-lFil form. 'to "the District Scenic High\~ys C.ocrr~ in. your srea. RM1lw.,.,-IRo,,;:e N"",!:i<:r ",,01 Nam.te - Provide \:he state. and US r(vorl llUmber (ifapplicabIe), the 1=1 or ~. regxn;illy r=~ ",aaway oo.me ar.d , ifl"'Gwu., a potootia.! scenic highway rulme. US R-.d N"""be~: ::'IS 41 Loc,,[ 1"""",: Tamiami Trail P<>ted.ci.l.! Sce,,;o ffig!tw~y Nlill'.e: TheTamiami Trail Scenic Highway: Highway of/he Past... Highway of the Future RG..d.....o:yfCoc"idor Limits _ Denne the roadway/corridor limits (beginning/ending termini) according to the p"= of the intrinsic resources as well as to recognizable geographic locations and lor mile posts. Pro'~.de ID= corridor length in miles and attach a location map detailing corridor limits. The proposed corridor length is approJ.7mafely 49.5. miles. The limits begin at the north botUidan. of Collier -Seminole Stale Park as i/ crosses US 41. The corridor then <xtends eas"'arc D1Tough the Fakahatchee Strand Stale Park, rhe Ten Thousand IslandS Na,ional Wildhie ?reserVe and--the Big Cypress National Preserve and ends al the Dade County Line. Go,,~bi Jurisd,ctions _ Provide the names of "I! loc;J general purpose governments as well as the pl2n.ningu:..:.n.agement agencies whose jurisdiction the corridor traverses. These include, but are not li..nited to ci'y, =ty, unincorporated areas, Metropolitan Planning Organizations, Water Management Districts, Fo"suy 5<r1';OO, Transportation Authorities and Parks and Recreation Departments. n.ooe N<imber: Big Cypress National .'''rese...,'e Bill Carroll : Star Route, Box 1 0 Ochopee, Florida 33943 941-695-2000 extension 17 .:> L Emir)' Nz.me: C=ud:: Address: Ji"I>oo" N"mber: Collier/Seminole SltUe Park Mr. lldberl HenJY 20200 East Tamiami Trail Naples, FL 33961 941-394-3397 2. EmRy Nz.me: u...uct: Address: ~ N"mber: Fakahatchee Strand SttUe Park Eddie Lowery P.o. Box: 548 Copeland, FL 33926 941-695-4593 3. ~ Name: C""uct: ."ddress: i'l>o<>e Number: Callier County Government Bettye Mat/hews, County Commissioner. District 5 3301 East Tamiami Trail Naples, FL 3396 941-774-<J097 4. Emiriry N arne: iC<w=Ict: Address: OTAMIAlV\1 TRAil SCENIC HIGHWAY Office:ts Willic~-n R. ONei!!, Chairpe,'son Lyru) Smallwood McMillen, Vice-Chairperson IvIen1be:ts Franklin Adams Ted Baker Barbara Barry Steve Blount Jan Brock Pete Brockman Buddy Brunker Bill Carroll Anita Chapman Claudia Davenport Frank Denninger Elizabeth Dupree Sonja Durrwachter Wally Hibbard Tami House John Jenkins Eric Kiefer Susan King Ben Knottingham Ellie Krier Karen Louwsma Ecdie Lovvery Mike Mayer Chuck Mohlke Martha Napier Jim Newton Susan Pareigis Debrah Preston Robert Read Robert Robinson Brian Sheehan Michael Simonik R.J. Stanley Christine Straton Sheilah Strobel Amy Taylor George Toppin Norm Trebilcock Robert Warren James Webb Gene Woo'ten Lora Jean Young 16\1 Corricbr. Advocacv GrocD ::) l'J ~ ::] CORRIDOR MANAGEMENT PLAN::) 5. E-Dty Name: Ceatacis: Address: Phone Number: 6. Eatity Name: Contact: Address: Ph.oDe Number: 7. Eatity Name: Contact: Ad4ress: Poooe Number: 8. Eatity Name: Co.oUlct: Address: Ph.oDe Number: 9. Eatity Name: CoaUlct: Address: Pbo<>e Number: 10. Emity Name< CoaUlct: Address: PlIooe Number: 1 Letter 01 Intent 0 6/1 Jf 'T Naples (CoWer County) Maropolitan Planning Organizati<>n 8 Jeffory Perry, MPO Coordinator Christine Straton, Citizens Advisory Committee Bettye Matthews, Metropolitan Planning Organization Metropolitan PliInning Organization 2800 North Horseshoe Drive Naples, FL 33942 941-643-8300 South Florida Water Management District Big Cypress Basin Area Office Mr. Ananta Nath 6167 Janes Lane Naples, FL 33943 941-597-1505 Florida Department of Transportation Susan King PO. Box 1249 Bartow, FL 33831 941-338-2341 Ten Thousand Islands National Wildlife Refuge Jim Krakowski clo Florida Panther National Wildlife Refuge 3860 Tollgate Blvd., Suite 300 Naples, FL 3~942 941-353-8442 Southwest Florida Regional Planning Council Jim Newton . 4980 Bayline, Drive, 4"' Floor P.O. Box 3455 North Fort Myers, FL 33918 941-656-7720 Picayune Strand, Division af Forestry Sonja Durrwachter 68 Industrial Naples, FL 33942 941-434-5000 or 353-5314 CORRIDOR MANAGEMENT PLANO o Letter of Intent 1611~ 1.8 Statement of Significance - In the space provided, identify and discuss the different types of intrinsic resources present in the corridor. Concentrate on detailing why these resources are important and valued by the community. In other words, what makes this roadway special 10 the community and its visitors. The compietion of the Tamiaini Trailfrom Naples to Miami in April 1928 hallmarked the end of th~ final pioneer period in Collier County. The Trail opened the ''frontier'' area to commerce, seulement and dei'elopment. Today, while it remains a vitallinkfor commerce. and an area inhabited by Native Americans and other establishedfamilies and commllnities, it is also a splendid scenic resollrcefor the local residents and the thousands of tourists who visit each year. The Trail links Collier County (0 Dade Coumy throllgh approximately 50 miles ofbreath- taking, scenic landscapes of sawgrass and subtropical wilderness. Along the roadside. the traveler can have a closer look at Florida wildlife. Alligators and birds, such as great blue !1erons, anhingas and }{Ioad storks, are often seen sunning themselves or feeding and nesling along the waterways adjacent (0 the Trail. Viable pioneer era towns easily acassiblefrom the Trail, sllch as Ochopee, Copeland and Everglades City introduce the traveler to a remnalll of "Old Florida". Vast tracts of publicly owned lands, to include Big Cypress Narional Presen'e. Everglades .\'arional Park, Ten Thousand Islands Naiional Wildlife Refuge and the Fakahmchee and Collier-Seminole State Parks are adjacent to the Trail and offer the traveler a spectaclllar experience of seemingly endless vist{(.\' and opportunities to explore South Florida's nalllral landscapes. Indeed, the Tamiami Trail corridor provides a rich array of scenic. natllral, historic, ClIllliTa! and recreational opportunities. Pre-Application Meeting - Please indicate several times when the CAG could meet for the Pre- Application :-'leeting or the time and date ofa Pre-Application Meeting that has already been arranged with the District Scenic Highways Coordinator. A Pre-Application meeting has been arranged with SlIsan King, District One Scenic Higl1\\'CIVS Coordinator,forIO a.m. anAl/gust?, 1996 ,'\ - J ~ ,Jr-', ^ L-.......... dol' Ad\'Oc C x 'l/&h0 Date tY;k/7i- , Date Additional Information - On a separate sheet, provide the names, titles, addresses and phone numbers for the following groups: I) additional government/planning/management entities. 2) additional local Qeneral purpose government representatives with signature, and 3) CAG - , Chairperson. Vice Chairperson and additional membership. OTAMIAMI TRAil SCENIC HIGHWAY :.r.!,~_rmr; ClllL~ ~~.'Zl"_nOO1. '= 16 1141118 DEPARTMENT Of' T&!\l'!SPORTATIOI"i v --:::J C'"w fiDtni'l - tf' l.J\"~Y iu U.fjI.. - - - - - - -- - - -- ~ 60S Sllw"mna Str<:d, Tal\ahass<:e, Florida 32399-0-150 ""lOMAS f. EAJUtY. Jr. 5ECili:-c.'.RY D~cember 2, 1997 = Mr. William R. O1'leill, Chairman c/o Naples (Collier County) MPO 2800 North Horseshoe Drive Naples, Florida 34104 "'_._~,_~.~~~=~~~_,o_~~--\ ! DiSTclCT SECRETA::' \ ., ..-.....--~=- l ~ r " 1 , " , DEe \ 0 \991 \ I ___~j L.._,.,~~"'-'-'-' q','.;T _ G1ST;:!\CT O~!E ' ~w__.~-------., -.. Dear Mr. ONeill: I have received the recommendation of the Scenic Highways Advisory Committee (SHAC) and, after careful consideration, agreed that the Tamiarni Trail Scenic Highway (U.S, 41) .ex.hibits the intrinsic qualities essential for eligibility and potential designation as a Florida Scenic High""ay. Your Eligibi!ity Application amply demonstrates that the roadway corridor contains five of the six inlni1sic resources. Of these1 the SIi..A.C fOLU1d that the historic1 recreational, natural and scenic resources were the most prominent. These intrinsic qualities are of great value to the State of Florida. The Tamiami Trail Corridor Advocacy Group, working closely with the Collier County Metropolitan Planning Organization (I\1!PO), Big Cypress National Preserve, Everglades National Park, Collier Seminole State Park, private citizens and other public interests, can preserve these important iesources for future generations to enjoy. The Tamiami Trail Corridor Advocacy Gmup can serve to educate the traveling public by "telling a story" about the beauty and uniqueness of the T&miami Trail Scenic Highway and contribute to the quality oflife in the State of Florida . I offer my personal congratulations to you, the Tamiami Trail Corridor Advocacy Group and the Collier County MPO for your diligence and work quality in completing the eligibility phase. The next phase requires the Tamiami Trail Corridor Advocacy Group to prepare a Corridor Management Plan (CMP). Personnel involved with the Florida Scenic Highways Program look forward to assisting you in this endeavor. The Tamiami Trail Scenic Higlw:ay may have the unique distinction1 upon acceptanc~ of the CIvfP at the Designation Phase, of being designated as a Florida Scenic Highway under the Department's new program. This will be quite a distinction for Naples and Coilier County .- something to be very proud of. Congratulations again! ~/~; -CA'? [=tr;:<- \ O~ Thomas F. Barry, J\:!. Secretary TFB:cli / cc: Mr. David T\\iddy, District One Secretary v Mr. Larry Barfield, State Scenic Highways Coordinator Ms. Susan King, District One Scenic Highways Coordinator Ms. Debbie Hunt, District One Director of Planning and Programs C~Rl~OR MANAGEMENT PLANO 16 \ 1 1\ DesigI'lation Application Florida Scenic Highvvays Progl::;m \ ':8 '-J Applicant seeKing National Designation? DYes [22l: No Submission of this Designation App!icciion form and Its accompanying Corridor !vlanogemerd Plan verifies that designation as a Fiorida Scenic Highway Is being sought i'or the corridor identified below. Please prepare and submit this application to the District Scenic Highways Coordinator according io Ihe guid- ance provided in SeCIIG/' 3.2 Designation Applicalion ond CMP Format Roadway/Route Number ond Nom<3 - Provide lt1e state and US road number (If appliaable) and the iacal or any regionally recognized nome for lt1e roodvJay. US41 Tami ami Trai I Scenic Highway Name - Provide tI,e scenic highway name 10 be used in any promotional activities. TamiaMi Trail Scenic Highway: Highlt,jay of the Past ..Highwav of the Future Date 01 Eligibility - Provide the dote of tl,e Letter of Eligibility. December 2, 1997 Carrido, Advocacy Group - Provide the following Information regarding the CAG chairperson. William R, O'Neill CAG Chairperson cia Naples (Collie," County) IvIPO 28()() North Horseshoe [Jr. Naples, FL 341()4 (g41)Sg1-3332 Address Phon", Number o Corridor Management entity CME Chairperson or Equivalent Address Phone Number We veni}' that all information stated on this (orm and/or included in ihe Corridor Management Pian are, to be best of our knowledge, true representotlons of the corridor and the resources ior which des/gnation as a Fiorida Scenic Highway is being sought. Date X Corridor Advocacy Group Chairperson X Corridor Management Entity Chairperson X Local General Purpose Government Representative X Local General Purpose Government Representative Dote Date Date Addilionallnlormalion - On on attached sheet, provide updated nomes, titles, addresses and phone numbers for the following: 1) CAG Chairperson, Vice-Chairperson, other offlcersicommittee heads and remaining membership and 2) additional local generai purpose government representatives with slgnoture. o TAMIAMI T~IL SCENIC HIGHWAY l-6-t1 i ( Table of Contents <> "' Page Number Introduction ....................................................,.1 Section I. 2. 3. 4. 5. 6. 7. 8, 9. 10. II. 12. 13. 14. Corridor Description ....................................,..........3 Corridor Vision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 a. Vision ..............................................,.........5 b, Corridor Story .................................................6 Opportunities and Constraints Analysis ............................. .27 a. "Description ........,......................................... .27 b. CorriGor Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 c. Roadway Right of Way ........................................ .27 d. Environmental Conditions ..................................... .29 e. Existing Land Use and Zoning ..............,................... .30 f. Future land Use .............................................. .35 g. Signage ..................................................... .36 h. Safety Issues ...............................................,. .37 i. Traffic Volumes .............................................. .38 j. Levels of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 k. Transportation Plans and Roadway Improvements ........... . . . . . . .39 l. Protection Techniques ......................................... .39 m. Other Programs ...............................................42 Conceptual Master Plan. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Community Participation Program ................................. .73 a, Program OverView. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . .73 b. Notification and Public Information. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .74 c. Public Meetings and Opportunities for Public Input ................ .74 1. Workshop Number One .. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 2. Workshop Number Two. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 3. Civic Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 d. Supporting Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 Designation Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 a. Universal Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 b. Resource Specific Criteria ...................................... .90 Protection Techniques ........,................................... .93 a. Public Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 b. Private Lands ................................................ .95 Funding and Promotion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 Relationship to Comprehensive Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Partnerships and Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 Corridor Management Entity ................,.....,.............. .105 Goals, Objectives and Strategies ,............................,..... .107 Action Plan .........,...............,.............,............ .111 Appendices (Under Separate Binding) A. Inventory of Exotic or Obstructive Vegetation B. Future Land Use Map C. Right-of-Way Maps D. Signage Inventory E. Crash Data F. Other Projects that Could Affect the Scenic Highway G. Project Mailing List H. Newsletters, Workshop Handouts and Comment Forms I. Interview Data Forms J. Letters of Support, Articles and Corridor Impression Surveys CORRIDOR MANAGEMENT PLAN<> 1-6 I p1jln'[tdion 0 Scenic fiJ2}:I,n.-l deslgnaLiJtl1s:;n cOO-::irtUTIH'Y ~Of ~ ..- J ~ ~ 1 :r~od2rl!. public-rrillate p3.rtnership to pT-2S2r~J2 anc'~ ~uild on the i.ntrinsi-::: r.=SOUTces of the ':'rail. The Sf::21lir corridor will prcNide iInFro~led ~CC2SS to the tV2rglad~s ef'.viro:nlTcent It will allow the rG2ci.v'l~,Y to bE intprDved in vvays that 'Nil1emphasize the natural beauty of the route. It ccon be used to preserve f-S12 l'.Tative Arnerican history of t.he ::'!rea, as well as the ffiGre recent history of gro'Nth and development. At the sa.rne time, the Tamiami Trail can be maintained, not as an historical artifact, but as a living artery, in keeping with its principal original purpose. f~->~2 Te:':li&mi TrEil tel:: atlrjCjve :C1cnda s,cr;'. " _1-;nd1i1g d::ng [he _fa:d :z.r pfC'.l1de a ~-",-,--, -;Jlir.:1-:"VT LO cPt p2_St 2nd ar' ,pp_~2ciahor fcr the p':'"2setvz,ticn of Cilits'::~indilig E2.L1J.rd :teSour-c'2S fer ruc-u.l'2 genE:t81'D.Ons. _~n order to seek "Sce:(uc TT' L ",.' h' "I 1 . J:J " -,-'-llgIlWZ;Y d.2s1gna (}f1, a _Dca grassroOIS 2Gon In the form or ,he Corridor Advocacy Group (CAG) '/>l2S irici,~ted. A letter of eligibility .fe-r tll\= TzmiE:iTIl Trail '-"12;S issued from the Florida Deparhnent of Transportation on Deceluber 2,1997. Since that ti,ne, the CAG, FDOT District One, and the Naples (Co!!ier County) Metropolitan Planning Orga:0ization have conducted c. corrnnunity participation progrmn, developed a vision for this seenit': highvvay, and drafted this Corridor Nlanag~!Tl2nt Plan (Cl'vIP). The purpose of this Plan is to outline the scenic highway's future management and protection strategies and to share the vision ror this beautiful :and unique resource. The proposed scenic highvvay is described in SecLicn 2, followed by the vision SC2.tEnlf.T,t ::\nc1 c(n:-ridor story in S~cticn 3. Op~::"GTiTi.ni[jes 21nd constraints thz~t e:;cist along the "}'2!l11ic'c:cni Tr~lil 2.re det6'jled in Se::tion 4. The ConceptnaliVIaster Plan is unveiled in Section 5, loJlD,;ved by 2.n Qvervie'Vv of the Ccmmunity P:c,rtidp2:.tion Program in Section 6. Sections 7 thrDugh 10 address designation criteria, protection techniques, funding and prolTIotion, and T121ationship to ccrnpIehensive plar., respectively. Potential partnerships and the Corridor Management Entity are outlined in Sections 11 and 12. Goals, objectives and strategies are listed in Section 13, followed by the Action Plan in Section 14. The supporting documentation for this Plan can be found in the Appendix, which is under separate cover. CORRlDORMANAGEMfNT PLAN0 . ~Zl>-~h' -;~::d ~:rni<rn; ""iI s,~;, ';:w,y;, - f~- ili, lee. fecJdlh,J u,~J"DOf ro_: : 'a 50 _ ;nlle segrY"lent of US 41 located in C::>lli'Or who visit each ;'2i!X. The TBil links C.~~r County ..iL.. County, ?lorid". The proposed scenic tc Dad'O County thrGEgh approximo.tely 50 miles of rcad'Nay :orridGl" begins at the north boundaq Df breoth-t,cking> sC2lCi~ hndscapes of sawgrass and the Ccllier-Serrj nole State Park ar,d 2xt211ds s"LJ.bt:ccpicalvlilderness. eastvlJard through the Picayune Strand State Foresel Fakc..hatchee Strand State Prese:cvef the Ten ThouSand ls1x-...ds National VJiL.nife Refuge and the Big Cypress i'-lationai Preserve. This segment of the Tamiami Trail connects the City of Naples in Collier County with Dade County. The Tamiami Trail cJso provides access 'Jia State Road 29 to Everglades City and the Everglades National Park. As the name indicates, the Tamiami Trail originally connected Tampa 'Nith Miami, a distance of approximately 245 miles. The completion of the Tamiami Trail from Naples to Dade County in April 1928 hallmarked the end of the final ;)ioneer period in Collier County. The Trail opened the "frcntierlt area to COlnmerce, settlelTtent and development. Today, 'while it temains a vital tink fer cornnierce, it also r:2:1Tlains an 2ii."i2a inhabited b'/ I"',i c:b \. (::~\nE:~ricans and other established families and cc:cnn"lunities and is a splendid scenic resource 101 N~te.114ml!JU.i:m: ~ . Nuyme Strand, faktbiat,ltM. _--. Stl.te Stl'Zlllltdl s'tat Colli..- 6lIre.. p,.,er.. ilem~!l\ole .............-r-::"l ' state l~l) . P.,.I< .,. .. ',' ....~ .. eamuoown ,. ~~"rh.~~_and", .",- 1<1<'''' !(aliOri~/ .- ; WUd1i_~~~~..;~_~~Ye1~i~ EwrgkGle1; ~;(~:i??~;'::-Ch'k>I~~" . ""~:;:~'-~~~;:~~_-::--:;~ -::_'\, ~--:-'~...v: -- ~- -. , ::,.~;t~j~~ ,<:,'~:'{6;~fii1., ,'~ '->o!-","-'- ,;:,~,'J.''''':''' .-",-~', --- "":--'>'''-' .....ffi. W. Project Locatio!! Map Along th2 roadsidey the lTaveler can ha"\1'2 a closer look "t Florida wildlife. Alligators and birds, such as great blue herons, anl1ingas and wood storks, ore often seen sunning themselves or feeding and nesting along the waterways adjacent to the Trail. Viable pioneer-era towns easily accessible from the Trail, such as Ochopee, Copeland and Everglades City introduce the traveler to remnants of "Old Florida". Vast tracks of publicly owned lands (Big Cypress National Preserve, Everglades National Park, Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Preserve and Collier-Seminole State Parks) are adjacent to the Trail and offer the traveler a spectacular experience of seemingly endless vistas and opportunities to explore South Florida's natural landscapes. Indeed, the Tamiami Trail corridor provides a rich array of scenic, natural, historic, cultural and recreational opportunities. Big c.YJ;l!'ess National Pres&l!'\!e I \ i! :! I elle:r~tiailes HatuD!I'laU Plllrk l):;;.de.-ColUer' Tal!lliami Trail Tninlni Airport I Scenic Iii i1W'a - : ___ 1_- ~;..--;;;...__: -t:: ".tlon.1 "~ TI!l.Mtia.mi 2~MI\~1i1m CORRIDOR MANAGCMENT PLAN0 a. iCO!'J1iaor Vision ~he Tamiami Trail is a testament to human dlive and . ambition. It is Ii~ing history, a tar,gibJe reminder of the roots of Collier COl'nty. The Tr.,l tens a uniquely American-style story of a man, Barron CaDier, willing to bet a fortune'on his dream. of the hardships endured and the ingenuity employed in the T,'ail's creation. This highway is also a window on a globany unique ecosystem. Marjory Stoneman Douglas taught us to prize the Everglades and many are teaching us to appreciate its subtle beauty. The government and the park services are committed to its preservation. The segment of the Tamiami Trail east of Naples provides the principal eKposure for millions of travelers to the Everglades. Scenic highway designation is an opportunity for a modem public-private partnership to preserve and build on both these aspects of the Trail. The scenic corridor will provide improved access to the Everglades environment. It will allow the roadway to be improved in ways that will emphasize the natural beauty of the route. It can be used to preserve the Native American history of the area, as well as the more recent history of growth and development. At the same time, the Tamiami Trail can be maintained, not as an historical artifact, but as a living artery, in keeping with its principal original purpose. A Florida Scenic Highway designation is only one step in this process, but it is a big step. This opportunity is not to be missed to further aesthetic, cultural, public safety, educational and commercial goals all in a single enterprise. Corridor Vision 0 CORRIDOR MAN/l6tMtNT PLAN0 <> Section 3 b. Corridlor Story ~he Tamiami Trail tells a rich and colorful story of geography, man and nature. This story. like a Seminole legend or the call of a snowy egret, is not welllmown by Florida's visitors or residents. Many people who live only a short distance away have never traveled the Tarniami Trail or experienced the remarkable beauty. The scenic highway designation would enable us to share the beauty, both far and wide. 161lJ\18 ,. .-.- ,'__'~'_~'".- - .-- -" - -, .. ~.'" .-- ~.,_.'-"'- ", - - -~._"._~_._~~~_._.~-~~---_.,~. '.-'~',~._'~-.'-" <9 TAMIAMI TRAIL SCeNIC HIGtlWAY the Tamiami Trail Story ZJ!he Florida Scenic Highy.'ay Program was . fanned to increase awareness of our State's history and intrinsic resources. The Program offers grassroots opportunities for communities to apply for a Scenic Highway designation. The purpose of this presentation is to showcase one such eHort for a road way that is special to our community: The Tamiami Trail. A local Corridor Advocacy Group (CAG) was formed to apply for a Horida Scenic Highway Designation. Anyone can participate. Our CAG is made up of interested citizens, government officials, and experts in areas such as planning, engineering, law, history and natural resources. The CAG is the Applicant in the designation process. The CAG worked in concert with the Community and local governments to develop a management plan and strategies to promote tourism and economic development. The mission ot our CAG was to apply fm" a Florida Scenic Highway designation for a 50-mile segment of US 41. Locally known as the Tarniami Trail, the designation would begin at Collier - Seminole State Park and end at the Dade County line. As the CAG proceeded through the application process they sought support from citizens, interest groups, agencies and others. The Tamiami Trail tells a unique Horida Story. Traveling along the Trail can provide a window to our past and an appreciation for the preservation of outstanding natural resources tor our tuture. Designation could mean enhancing exceptional educational opportunities for visitors as well as residents traveling the Trail. The applicahon process has three phases: eligibility determination phase, designation phase, where the community and the CAG worked together to develop a corridor management plan, and an implementation phase. Through all these phases the purpose is to gain knowledge of the Tamiami Trail and develop ways it can be showcased for its inhinsic resources. Corridor Vision Corridor Advocacy Group t' ~). ".'''' . :1 , . ilK , .. . Anyone tan participate . tAG is offitial applitant . Wor'ks in contert with Community al'ld total Government . GuidC!s Corridor through Designation Process CORRIDOR MANAGEMENT Pw,{!> <) ::>edion j CWlwm, An:helllogial &< Hiswnc: Reool.m:e5 The resources along the Tamiami Trail tell the Story. There are six intrinsic resources that have been documented. The first three are the Cultural, Archeological and Historic. The completion of the Tarniami Ii'ail in April 1928 hallmarked the end of the final pioneer period in Collier County. Pioneer communities once linked only by water are now approachable by automobile, providing commerce and development opportunities for residents while remaining close to their heritage. Today, while it remains a vital link far commerce, and an area inhabited by Native Americans and other established families and communities, it is also a splendid scenic resource for the local residents and the thousands of tourists who visit each year. The Trail links Collier County to Dade County through approximately 50 miles of breath taking, scenic landscapes of sawgrass and subtropical wilderness. Along the roadside, the traveler can have a closer look at Florida wildlife. Alligators and birds, such as great blue herons, anhingas and wood storIes, are seen sunning themselves or feeding and nesting along the waterways adjacent to the Trail. Viable pioneer-era towns easily accessible from the Trail, such as Ochopee, Copeland, and Everglades City introduce the traveler to remnants of "Qld Florida." o TAJ>ilIAMI TRAil SGNIC HIGHWAY ~8 r-n.. ---------..---.... ~, -,' . -".' ,': . '" ~ . . - . .. ;,,"-.- ",:::'JI!~~l:i , Before fdhe 'famiami Trail While traveling the 50-mile corridor through an exp"nse of Mangroves, Hardwood Hammocy-s, Cypress Strands, and Saw Grass Prairies, one can easily envision the area SB it once 'Has for its early inhabitants. The Calusa Indians traveled this region 1,o\-'ith canoes and by foot 2,000 years ago. Evidence of the first people in this region is scarce. Their survival was dependent on hunting, fishing, and gathering wild plants. Their waste of Conch, Oyster, and Clam shells created large mounds found along the Ten Thousand Island Gulf Coast and interior of Collier County. Some speculate that the mounds were built intentionally providing an escape from mosquitoes and hurricane floods. The next generations of Indians to walk in this swamp were the Seminoles from the Carolinas. They sought safety and a quiet life, but found the opposite. The Seminole Indian VI! ar began in the 1930's when Congress deemed all Indians were to be relocated 'Nest of the Mississippi River. By 1859, the relocation program ended. It was believed that less than 300 Seminoles remained in the area. Those that remained continued to live in small bands in the Big Cypress Swamp. Two spoken languages separated them into two distinct groups, the Miccosukee and Seminole Indian Tribes. Members of both groups still live along the Trail. ,-orridor ViSlono CORRIDOR MANAGEMENT PIJ\N<5> <) ~eclion J1-6-t-ti\--! ,.': jlJ:;'!IDdmt Nll.fnIlrllllllResomces Attracted New Settl.ers and Commerce FcJming, fishing, and plume hunting each brought new pioneers and a new identity to the development of Southwest Florida in the 1980's. Each also had its aJf2cts on Lhe natural envitonment. Dming Lhe last half of the 1800's, plume hunters would become seasonal residents in the Big Cypress Swamp to be close to the numerous bird rookeries. The plumes of egrets and roseate spoonbills were worth twice their weight in gold for the fashionable hats industries. Since plumage was most brilliant during the nesting season, hunters often "shot-up whole rookeries leaving unhatched eggs and young birds to perish. This practice put a variety of wading birds close to extinction. In 1901, the Florida Legislature enacted a law forbidding the killing of wild birds at nesting times, but no money was given for enforcement. However, the National Audubon Society, established in 1896 to campaign against the slaughter of wild birds for fashion, hired wardens to watch over the larger rookeries. <CP TAMIAMI TRAil SCENIC HIGHWAY ~ ~.'. ;~1'~~~(4:'"~~,;;~i:i;3 . . ,i '='-;'--1: - _~'~q,;;; ;l. :r~.' -.,; -:.~. 16 /1', Co,ridor Vi5iono n .pnnnn_n.llJ. ~ -....- 1 :',j;~~~ , " -,'; \1':':~" 1 '-rL.:.{. , ,,-,-V1 Bw:mn Collia's Drean'l The end of -lite Pioneernera for Southwest Florida can'l!C when a '\ivlll.ter visitor, n3.11'led Barron Collier, came to Useppa Island off the Fo[t il/lye[s coast in 1911. Finding a special a.ffection ror the o:Eea, Barron Collier began buying large tracts of lo.nd in 1921. In two years he had purchased 900,000 acres which eventually resulted in the creation of Collier County. Y~nowing not to sell the land until it could be improved upon, Barron Collier began the wheels of development. One project that would change South Florida forever was his support to link Florida's West Coast to the East. The true inspiration of the road was seen in 1923 when the "Trail Blazers" crossed the swamp by automobile in 11 days. Trail Blazers gained national media attention on their adventure, which brought support for the Trail. In 1924, Collier County undertook the project by bonding itself for $350,000. In 1926 the State of Florida took over and finished the last n",elve miles of the Trail. Everglades City, located on the waterway just four miles from the project, was used as the base of operations. Local Indians were among those hired to dear the path, while a weekly boat service brought in machinery and supplies. The most noticeable piece of equipment was the Walking Dredge. It was a machine that propelled itself along the north side of the future roadway and then blasted rock as a foundation for the Trail. ~1J,II" _ .':1Jt~.~~r "'1~~ ;.~':~~~'.,. ~ ",:,~; .1 .r:'.., "'H,:;\~. "~.., ..l~}~:\:~~; ~,'~' \. ,\,.'. . """";''''''''''''''iji f., 1'1'.; , '. ' ... ,~.. ;; - ,v., ",""",\o<o,,,,\~'" ,,,-.c ~.-,;..,' :' . :,') .' ~ :i:i'\....:~:t.{' .' :;.l~ n' - <,; .... 'n' ,<.'1. _ ~itl,( f.l;.jl; ::,.....::-,. ~.,! _~ 1 - n,~ >' .': '~'-~..Ji. f'j ;'l"f:':~'~''''i'':'' ~);,i <..... '- , .";\ ,~~ "., ~,.,.^"- ~ :: :'..--...;-. ',,~. ~ ~ -..........h.".. ", >~,. . ,I< _ n '" :"<-~~~ ;" ..:Co.'.;- :'":--t~ ~! ',-, ....~:..~~.~ct "" ::-.,;~ -::t"i.rt~~~ 1~C"~~~;.'-'i!'~~~.... -:'~. .,. . ~. ;;:"".,... ~~"''.~-;'--.s:.~.,.,'!.tr/'~.~''';''~'l:'~'':;'-''- _ n ' ~:r;;..;;..;.:,...- ":~-\~..r.;,j~j~-!,..::~~';~..,.,.. ." , . p ;;...~-~~_.~..~~~..-'t,,:- .,'10--0- --:.....'~J ~_~'.....' ,~:~~r>?~~~~~~:-:..z~.,,,~:~'1'~ir~T ~',_';:"', :;:~? :';(.;.;,"4~,~~"",..,_""~_:7.,~~'~.';_'~a -, ''',.-;-:'"l''-r ~"'.". :"'<'~.~',,^~' ~:;'i'-~ ...i:t..=,~: ~;.;.;~,'~: .~'io~:-t;:' ".;.. >?:;~:#~,,,~. .,.:;:;:t..'''~: CORRIDOR MANAGEN\ENT PLANQl o Sedion 3 Large crews were hired to 3urvey the route, blast, and bull doze. The crews only returned to Everglades City on weekends. Moveable kitchens and camps followed the construction of the Tr"]l to provide meals and rest for the workers. Everglades City became a city because of the commercial and social activity associated with the construction of the Trail. When the Trail officially opened on April 26,1928, Everglades City celebrated the event with a County fair and a motorcade that made the drive over to Miami. With new access to the interior, economic ventures were more feasible. Logging became the next economic boom for the communities located in the Big Cypress Swamp area. Some like Copeland and Jerome started as mill towns. By the 1930's, eight small mills were operating in the area and they took advantage of new roadways like the Tamiami Trail to harvest cypress. With the economic prosperity of these pioneer industries, communities flourished in the Big Cypress Swamp. o TAMIAMI TRAIL SCENIC HIGH\I#;Y 1\ ~1":.J ...,._ ._.~_~~.L~I.'L.._Q ,""'c. : l'>c~ . '../ -'.~~i't';"'7~;' '~'-iP ,. ~'., . ;CT=:S~-;]:7r I ,:'., ., . T ",,__,1: . . "l ~~,,"'. C" 1 I' T6l ~ " r, ,.corridor Vision () Evergllaclesoo.A Town a Romd lB\l!.il.t The Trail is pari:icularly important to the people of Everglades City. This "City of Mangroves" was carved out of the Florida wilderness for the purpose of building the Trail and became the original County seat for Collier County. The Everglades area is rich with the history of those early pioneer days and was instrumental in the development of Collier County. The town, built by dredging and fill, was designed with a long straight main street and a busy ri vetfront. Traveling tluoough the town, located just four miles from the Trait is like traveling back in time. Hiswna:: Slr\iJlctIllIll'efllB\riJrlg 1RIBmemmomc~ Illf ii:Irue lP'~t The City Hall sits in the center and provides the perfect backdrop to a typical company style town built in the 1920's. Other older buildings include the Rod and Gun Club, known for hosting winter tourists for hunting, fishing and yachting in the Ten Thousand Islands since the 1890's. Close by on Chokoloskee Island is the Smallwood Trading Post built in 1906. The store, a focal point in the early days, has many stories both bad and good. Ed Watson, one of the 10,000 Islands, most notorious villains, was killed in front of the store. The store provided shelter in the great hurricane of 1926 for inony area families, needing high safe ground. 'Ilf"', ~ ij; CORRIDOR MANAGEMENT PlANQ) o :.ection :) There are many historical spots along the Trail rich with stories and local history. The original Ochopee ?ost Office, opened in 1932, was located in the general store until it burned in 1953. The present structure, all 7'3" x 8'4", had been the tool shed behind the store. After the fire, the shed was pulled closer to the road to be used as a makeshift post office. The Ochopee Post Office remains a local landmark on the Tamiami Trail and provides national notoriety as the smallest post office in the United States. There were six service stations built along the Tamiami Trail by Barron Collier. Monroe Station, one of the six, was built in 1928. The station was the headquarters for mounted motorcycle patl'ols for the new Tamiami Trail. A husband and wife team ran each station, The wife provided refreshments and gasoline for travelers. The husband took off once an hour on a motorcycle to patrol his section of the Trail, looking for stranded motorists. The road monitoring system was short lived, but many remained as service and lunch stop stations along the road. Monroe Station, located in the heart of the Big Cypress Swamp, ha.s many colorful stories attached to its 60 plus yeaTS of operation. , <i) TAMIANII TRAIL SCENIC HIGH\IW\Y A-t-8 1611 ____.__._._J_._________ Seem;:;, Natm'al & Recreatiooal R.esow:-ces "\lIJhile the Trail had introduced new commerce to the area, it also provided a window to view the region's rich natural vllonders. Common sites of wildlife and scenic vistas along the trail has introduced countless travelers to the area and has drawn regional, state, and even national attention to south Florida's unique ecosystems. Vast tracks of publicly owned lands, including Big Cypress National Preserve, Everglades National Park, Ten Thousand Islands National Wildlife Refuge, Picayune Strand State Forest F akahatchee Strand State Preserve and Collier-Seminole State Park are adjacent to the Trail and offer the traveler a spectacular experience of seemingly endless vistas and opportunities to explore South Florida's natural landscapes. This brings us to the next three intrinsic resources directly linked to the Trail: the natural and scenic qualities and the recreational opportunities. l:-6i-1 '" i1--A--1-8 '--.orrldor VIsion 0 CORRIDOR MANAGEMENT PlAN0? o .J2ctlon j TrDpical Hardwood Hammocks at Colli~-SeI!'.i..lr\Dle State Park The Scenic Highway designation is proposed to .~ begin at the entrance to Collier-Seminole State Park. 'lIe will begin our journey here and invite you to sit back and watch for the subtle environ__mental changes as we head east along the Trail. In the early 1940's, Barron Collier made plans for a park. This park included a lSD-acre stand of magnificent native royal palms that the Southern States Land and Timber Company chose not to cut down because they felt it had national significance. In 1947 the land Collier had reserved was turned over to the State of Florida for management. Today the Collier-Seminole State Park is 6,423 acres and features vegetation and wildlife typical of the Everglades region. An extraordinary natural feature at this Park is the tropical hardwood hammock. These forests are dominated by trees characteristic of coastal forests of the West 1ndies and the Yucatan. Hammocks appear to be impenetrable with their walls of tangled shrubs, saw palmettos, and vines. But once inside, hammocks are less jungle like. A mature hammock has a dense canopy, allowing little light and minimal growth on the forest floor. Most of the vegetation in a hammock is up high as trees struggle to get the most light. On the trees and forest floor, beneath the canopy, live air plants, ferns and orchi ds. ~ TAMIAMI TRAil SCENIC HIGHWIIY ~ . "ffi' Iti'.-:,,"..-:;J, :~",-; -. . . ~f...:.! .-;__ _,..-_-.___~_. - f , . Ir:J Corridor Vision () , Q ~" " ,. , l~Ll \ir1 , RO'yal P~cS ~ Ord1ffids illt lPakaMocMe Sfotand Sfclllre Preserve The next park, 8.S you travel east dong th.e Trait is the Fakahatchee Strand Stak Prese,.ve. The Fakahatchee Strand is the major drainage slough of the southwestern Big Cypress Swamp and the largest and most unusual of the straJ\ds. The flow of water through the Fakahatchee Strand is essential to its wntinued health and that of the estuaries to the south. Its forest of mixed bald- cypresses, royal palms, and abundant epiphytic plants is unique. The Fakahatchee Strand is approximately 20 miles long, but only three to five miles wide. But, the natural values of the Fakahatchee Strand may be greater than those of any area of comparable size in the State of Florida. It contains the largest strand of native royal palms. It also has the largest concentration and variety of orchids in North America. The orchids when in bloom add a splash of color to the Strand, such as the cow horn and pine pink orchid. ~.. t "~P."--~--"",~~",,,._--~~--'~-"'~-'""--"'-~ CORRIDOR MANAGEMENT PlANQ}> o Section 3 Unique Hcrida Wildlife at Ten 'fhoosrmd Isla,"lGS NatiorcsJ Wildlife R=~gi 6 .ll'--~~~l 0 . Located on the south sIde of the Tratl is the Ten . . , ,.,.U-~. .- Thousand Islands National Wildlife Refuge. The . .' -.."", . :'. :-.'.~.' .<,~~,~; Refuge was established on December 18,1996. . '." The goal of the Ref-uge is to preserve the last remaining undisturbed portions of this mangrove swamp and marshland habitat. Both fresh and saltwater marshlands are important habitat for wading birds, such as the american woodstork, which is listed as a federally endangered species. Gulf Coast Entrance to Evearglades NatiooeJ Pm-k The Gulf Coast en'crance to Everglades National Park is located a short distance from the Trail. The establishment of the Park in 1947 recognized the Everglades as unique ecosystem and its importance to a larger system as a whole. The ecosystem is completely dependent on the water flow, and life-giving summer thunderstorms to complete the natural cycle. The Everglades support more than 350 species of birds and over 1,000 species of plants. The gulfcoast area is known for its Red Mangroves. The red mangrove is easily recognizable with its stilt-like prop roots that arch outward from the main trunk. The mangroves provide a habitat for several endangered species, including sea turtles and the manatee. <i9 TAMIAMI TRAn. SCENIC HIGHWAY .___c:,1'I Dark Forested Sv,ramps a.'1.d. Open Prairies at Big Cypress ".Jatic~ ?perve A Further east on the trail is the Big Cypress National .. _u . -l crl'I-'-- I . J' 0- Preserve. . ...~- ~ It,::-:;'t~~~i~::~:V~:,~~:~~~:~"::~]~~'~,:. ;, ~ . t ~ \ ~::-:: \ ~'~_~-:~~':.-=r,;-_~ ','._~!, _ ):.;-,~'~ . ~ ~'~:"') I .' , \ ~,":_ ~J iS~~;,-F,~,- ~*".,-Plh.'':'''j,!f_~, \~'~~.'.~,~:,~;;~..~~~-~:'t:-.J" Visitors vJho drive through the P,eserv<2's 729,000 acres V;Jill se::: an expanse of open praili.es with internals or tree islands dotted with cypress trees, pinelands and dark forested swamps. The freshwater wetland forests or "swamps", are the dominant vegetation types in the Big Cypress National Preserve. The cypress community includes a mix forest of willows, pop ash, pond apple, and maple. The most common species are Bald Cypress which lypically tower over the otl~er species of trees in the forested wetland, Bald Cypress grow to heights of 130 feet with broad canopies. A deciduous member of the redwood family, the cypress drops its needles in November and produces new growth in March. Cypress develop "knees" to provide gas exchange when water levels are high. '-.orridor Vision 0 ......; CORRIDOR MANAGEMENT PLAN0> o Sedan 3 The cypress swamp provides food and shelter for songbh-ds, kHes, ducks, arld colonies of wading birds. Raccoons and the otter also inhabit these .wet aD.d lNooden \-'lorlds. Eighteen species of frogs 2.:i1d salamanders breed exclusively in cypress habitat. Another common forest comnmnity is the South Florida RockIands, commonly called the Pinelands. The PineIands provide one of the few dry habitats wi th food and shelter for snakes, tortoise, hogs, black bear, and deer. Wetter pinelands provide a habitat for mixed grasses as an understory and is the most diverse plant community in south Florida with some 361 plant species. 0TAMIAMI TRAil SCENIC HIGHWAY ron---*i 8 1#1 l gorridor Vision 0 PlarmL"I.g foc Outdoor Rc-creatlor. ~t Picayune Strand State Forest Another important public land area located off of the Trail is Picayune Strand State Forest. A new mel.nber to the conservation team in Collier CauntYr the state rarest was created in May 1995 with approximately 18,000 acres. The Pica.yune Strand is in an area that was once planned for development as one of the largest subdivision units in the United States. A network of roadways and canals bisect the land that naturally sits under 'Nater during the summer rainy season. The goal or the Picayune Strand State Forest is to purchase a toto! of 50,200 acres and convert much of the old subdivision back to a more natural state. The Picayune Strand State Forest will provide recreational opportunities for cycling, horseback riding, hunting, and ecotourism in the future. CORRIDOR MANAGEMENT PLAN 0> Section 3 Wandel' off the TFW and! Experim~ a Real Florida Advenlm'e Recreational opportunities in the area received a boom when the Tamiami Trail opened for adventurous motorists seeking to experience the wilds of the Big Cypress Swamp on a swamp buggy Oi airboat. Today, specialized vehicles are designed to relive a bit of the "Trail Blazer" experience and to get out further into the wilderness. Known today as "Swamp Buggies;' these vehicles come in all different shapes and sizes and provide a mechanical mode of transportation into the swamp. But where the water is deeper and the expanse of gTassland larger, the best high povver way through is on an airboat. Using a small plane engine strapped to a flat bottom boat, one can cruise on top of the grasses and cover great distances in little time. Commercial airboat and swamp buggy tours provide opportunities for visitors to explore a world that seems uninhabitable to them from the Trail's edge: hunting or fishing, birding and wildlife observation. ____._______._n '1':-'" ~~ - -<, -'., ., .. - 0TAMIAMI TRAil SCENIC HIGHWAY . , ~ .'~r~:!-~i:: In the 1920's, Naples, Marco Island, and Everglades City established fishing and hunting resorts and hired local residents 2.5 guides for the h"ackless woods and unmarked <Naterways of the Big Cypress Swamp and Ten Thousa..""1d Islands. The area still attracts local and long distance visitors to hunt for deer, hog, wild turkey, and to fish for tarpon, snook and a variety of other sport fish. Birding and wildlife observation is a premium along the Tamiami Trail. The number of birds and rookeries have been ino:easing recently providing exceptional opportunities for birders to watch the cycle of life during the breeding and roosting seaSOTI. The possibility of getting a glimpse of a river otter, bob cat, bear or the endangered panther, is not unheard of if one ventures off the Trail. ,;" ~ . '.' /" ~ -." ~. "........ ,.""~.p.."'..'~lI. .....u "'.. .. ',,- ' \ -' ~ ' .~ .,.- - ~ '.' ] . .'~ ..... ~ ~.. -, . .-. II '.r,' --", \~ CORRIDOR MANAGEMENT PLAN0 o Section 3 Canoeing, kayaking and boating c.re fun activities and a way to explore the rivers and the backwater of the Big Cypress Swamp and Ten Thousand Is!3.nds. Taking a walk on the boardwalk or a bike into the backcountry is a great way to begin exploring the unique ec~system of the Big Cypress Swamp area. Camping brings you in contact with the balance of nature by putting into view the rising and setting of the sun. Night adventures can bring interesting discoveries. But no matter how you approach the experience.. , whether it is camping, canoeing, day long hikes or fishing, all are perfect ways to share the beauty located along the Tamiarni Trail. l-O+l-A i ~ TAMIAMI TRAIL SCENIC HIGHWAY - ,'-' . ~ ,{.. 'T ' (' ,~-. ''11' iJ _"f:' . .], U' '" ,-, t'''' -......F! .m-t1fTEIi1on(> "!~a"(~"'tr:\e UDU,'llll.zo."'Cfuc-u..t.&VBw.en"o;t;!.e ruqlle..ea.T.l"J 0 i,OU\.i.L .\Xl 3, ". ..' I" h T . . T '1 .. .--.--." .... ,u.n' .." ix It V\r'2l:'2fl"c tor the corD..p eDen <}): t'2 ctInEU-.!.1.1 ral, rtlost p2op12 ~,vlJuld net hav,= the <)pp:Jrturuty to witn2sS and::q::;'Fr'edat.e the sUJ."i."ou.nding beauty of th2 area. it is tim.2 to tecJgnize the great accomplishment 8f completing the Trail and ""ha< it has to offer 3.S a Q<:sGi12Jicn pla,C'2 rOT aree-. i~2sidents and visitors. The t'lorida Scenic Highway Progi'am offers a unique opportunity for our community to showcase the Tamiami Trail and its wondeys. This program can encourage partnering between civic crganizationsr businesses, and communities. It can proviCc-2 benefits such as economic development through increased tourism. The program allows uS to tell the story of the Tamiami Trail and. its impact on the birt..h and development of our County. ---_._--~~-~- _.--~-_. ._----_.----~----.~"---:'-- CORRIDOR MANAGtMENT PLAN~' Potential opportunities and constraints within the Tamiarni Trail Scenic Highway corridor have been identified and are detailed hI this section. Goals, objectives &.nd strategies developed to address these issues are noted in parentheses and are detailed in Section 13. A Conceptual Master Plan h2:s been developed based on th",se opportunities and mnstraints and is outlined in Section 5. @. Deocrlplioo. The proposed Tamiami Trail Scenic Highway is a 50- mile segment of US 41 located in Collier County, Florida. The proposed scenic roadway corridor begins at the north boundary of the Collier-Seminole State Preserve and extends eastward through the Picayune Strand State Forest, Fo.kahatchee Strand State Preserve, the Ten Thousand Islands National Wildlife Refuge and the Big Cypress National Preserve. This segment of the Tamiami Trail connects the City of Naples in Collier County with Dade County. The Tan1iami Trail also provides access via State Road 29 to Everglades City and the Evergbdes National Park. As the name indicates, the Tamiami Trail originally connected Tampa with Miami, a distance of approximately 245 miles. b. Cmridogr Limits The proposed corridor length is approximately 50 rniles. The limits begin at the north boundary of Collier-Seminole State Park as it crosses U.s 41. The corridor then traverses through some commercial and residential properties as it extends eastvllard Picayune Strand State Forest, Fakahatchee Strand State Preserve, Ten Thousand Islands National Wildlife Refuge and the Big Cypress National Preserve and ends at the Dade County Line. Consistent with respect for private property rights, and without intending unduly to restrict uses of private property owners - which could not occur in any case without proper action by the relevant government authority - the framers of the Corridor Management Plan recognize that the importance of the highway_as a scenic corridor is defined by its Opportunities and Ccns\roints Analysis 0 scenic v!,J? JhJ,~erJti8md enhancement of all scenic cBpects is central to its designation and E121ntenance as a scenic highway. In general, the goals of preserving vistas shc>l1Jd be achievable by el1hancernent, involving public lands. The uvievJsheds", vvhkh are required to be defined in their document, should be deemed to include a', least one to tVlO n-liles on either side of the Tarnian1.i Trail Scenic Highway. However, there are places where the view is much more restrictive than tlus, and there is no intention by so defining the viewshed to imply that the view should be opened for that distance or that t.here should be interference with property rights within that region. c. lRoadwSlY mght-of-W llY US 41 is functionally classified by th.e Department of Trfu<sportation as a Principal Arterial. The road is a two lane undivided highway, The Florida Department of Transportation's right-of-way Vllidth is predominantly 183 feet but narrows in some locations to as little as 133 feet. (See Appendix C for Right of 'iN ay Maps). There are 79 bridge st:uctures on this 49.5-mile segment of US 41 tl'\Tough the Everglades. The only major intersecting streets with US 41 along this conidor al'e the entrance road to the Collier Seminole State Park, SR 29 and CR 94. Currently there are no sidewalks or designated bike paths adjacent to this roadway. There are no landscaping treatments along the roadway, The roOT is currently planning to add paved shoulders CORRIDOR MANAGEMENT PLAN0> o Section 4 on either side of the roadl.AJay in conjunc-tion livith resurfacing the roadway. These paved shoulders/bicycle lanes are also induded in the Collier County Bicyde and Pedestrian Plan. Paved shoulclel's have already been added to the section of the Tamiami Trail between State Road 951 and State Road 92. There are advantages and disadvantages to the additional pavement 2long the scenic highway. From an aesthetic standpoint, the additional pavement may detract from the natural and beautiful surroundings; however, the paved shoulders could provide a safer place for bicyclists to ride. A comprehensive plan regarding the addition of paved shoulders/bicycle lanes along the scenic highway should be developed(Goal #2; Objective 2.1; Strategy 2.1.5). The Florida Department of Transportation (FDOT) maintains the roadway. Mowing is done by contract, nine cycles per year. The picnic areliS are also mowed as needed and the trash is picked up twice per week. Shoulder repair, asphalt repair, sign repair, gU2Idrail repair and tree trimming are done on an as needed basis. The f,ighway pa-vement markings and reflective pavement markers are maintained by the FDOT or their contractor. The bridges are the responsibility of the FDOT also and are routinely inspected "",d maintained. Because the FDOT right-of-way width is limited throughout this project opportunities for joint use of lands should be explored (Goal #1; Objectives 1.2 and 1.3). Specific projects that should be 0TAMlAMI TRAil SCENIC HIGHWAY t5ti. 'HI""'" /' \ ~ I, ....,V investigated for joint use include the South Florida Water Management District culvert/hydrological restoration project, FDOT bridge replacement projects, and the Big Cypress National Preserve Visitor Safety Improvement Project. The exact location of the culvert/hydrologic restoration areas have not yet been identified by the Water Management District; the progress of this project should be tracked closely to facilitate cooperation (Goal #1; Objectives 1.2, 1.3; Strategies 1.2.1,1.2.3, 1.2.5, 1.3.3; Goal #2; Objective 2.1; Strategies 2.1.2,2.1.3). Nine low-level bridges along the Tarniami Trail Scenic Highway are proposed to be replaced. Enhancements such as small parking areas, fishing platforms and/or canoe launches could be constructed in conjunction with these bridge replacements. Also, where appropriate, these bridges could be replaced with bridges that allow canoe access both north and south of the Tamiami Trail (Goal #1; Objective 1.2; Strategies 1.2.1, 1.2.5; Goal #2; Objective 2.1; Strategy 2.1.2). The preliminary engineering phase for bridge numbers 030077, 030083, 030102, 030103, 030104, 030105, / / / 030107 has funding set aside for fiscal year 2000/01. Construction of a new bridge, number 030096, which is located at Loop Road, is slated for fiscal year 1998/99. The loc"tions and types of safety improvements to be made by Big Cypress National Pl"eserve have not yet been finalized. This project should also be tracked closely to facilitate joint use of facilities (Goal #1; Objective 1.2; Strategy 1.2.2; Goal #1; Objective 2.1; Strategy 2.1.3). d. Environmental Conditions The proposed scenic corridor traverses through the central Everglades region and offers an unrivaled view of the areas' rich natural wonders. Common sites of wildlife and scenic vistas along the Trail have introduced countless travelers to the area and have drawn. regional, state, and national attention to South Florida's unique ecosystems. Overall the conditions of the scenic and natural resources along the proposed scenic highway are outstanding. Vast b.'acts of publicly owned lac..d (approximately 80% of proposed scenic corridor) o 0 strainrs Analysis Ii' ..i'\' .l,i ensure an ahnost se~llnless sceni '2, natural landScape of south Florida Habitats. These include n"lanc-roves o ' fresh and salt "vater Inmshes, sawgrass prcJrie, tropical hardwood hammocks, royal palm hammocks, pine1ands, and bald cypress stranc.s. 1Nhere the corridoL" traverses sa'i1\lgrass prairie, mangroves or mudflats, the natural conditions appeal' to be pristii"le just outside the right of way to as far as the eye can see. The proposed corridor also passes through several cypress strands and sloughs. Through these dark canopied areas the conditions or the natural environment appear to be thriving. There are some disturbed areas immediately adjacent to the roadway that are infested with exotic plants such as Brazilian pepper and melaleuca. There are also areas where the scenic views have been blocked by vegetation, mainly cabbage palms, growing along the bank of the canal adjacent to the roadway, as illustrated in the photograph below. These area could be opened up to provide additional scenic and wildlife viewing areas. An inventory of the areas dominated by exotic species and area in which views are obstructed can be found in Appendix A. Management of nuisance and/ or exotic vegetation was the number one public priority expressed at the April Workshop for this project. The land managers of the federal and state-owned lands have developed extensive exotic plant removal programs to address this problem. The FDOT is responsible CORRIDOR MANAGEMENT PLAN (() o Sedion 4 fOT luaintc:ining and luanaging the vegetation within their right-of-way. This H>anagement should be coordinated with and completed in conjunction 1'vith the adje..cent lando~'\lners whenever possible (G.oal #1; Objective 1.1; S'crategiEs 1.1.1, 1.1.2, 1.1.3, 1.1.4). An abundance or \r\Tildlife can be vievved along the Tamiami Trail scenic highway. V-iiIdlife that can be found along the Trail include American alligator, softshell turtle, peninsula cooter, Florida water snake, black racer, water moccasin, bald eagle, pileated woodpecker, anhinga, white ibis, woodstork, great egret, cattle egret, snowy egret, green-backed heron, great blue heron, tricolored heron, black-necked stilt, greater and lesser yellowIegs, belted kingfisher, double-crested cormorant, pied-billed grebe, red-winged blackbird, red-shouldered hawk, osprey, American kEstrel, swallow-tail kite, mottled duck, blue-winged teal, northern shoveler, American coot, common moorhen, armadillo, raccoon, marsh rabbit, river otter, manatee, Everglades mink, black bear, wild hogs, white tailed deer, florida pfucther, and various fresh and salt water fish. Boardwalks, observation platforms, and addition"l pulloffs should be constructed in areas that wildlife viewing opportunites (Goal #2; Objective 2.1; Strategies 2.1.1, 2.1.6,2.1.7; Goal #7; Objective 7.1; Stategies 7.1.3, 7.1.4). e. Emling Land Use md Zoning A sUlmnary of existing land uses, zoning, major land owners, accessibility, general development patterns and future development plans is provided in this section. The local governing board is the Collier County Board of County Commissioners and lands, both public and private, that are adjacent to the proposed corridor are subject to the County's Land Development Code, Approximately eighty percent of the lands adjacent to the proposed scenic corridor are public land areas. These are Collier-Seminole State Park, Picayune Strand State Forest, Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Forest and Big Cypress National Preserve. A brief <i9 TAMIAMI TRAIL SCENIC HIGHWAY 'Al8 --\.:~1: discussion of existing land uses and any known development plans along tl1e cOi'ridor for each of these public land areas are provided in this section as well. Collier County Govermnent The zoning of the properties along the Tamiarni Trail must be consistent with the Future Land Use Map unless such uses were non-conforming uses (in existence prior to the zoning regulations). These nonconforming uses would be deemed legal preexisting uses. The zoning along the proposed Scenic Corridor is predominately "Conservation" and "Agricultural" which is consistent with the Future Land Use Element of the Collier County Growth Management Plan. Development Order numbers are currently listed on official zoning maps. Some of the pre-existing uses along the proposed scenic corridor include the C-3 zoned property at the southeast corner of State Road 1t5Tf7fE:. - nd~on5rrOlnts f'.nGlY515 0 '. .,... .- :.: () "i ., ,_ and historic interprecation and sifes. The major landowner is Collier-Seminole State Park/Florida Park Service. . -.--- --'-'---'~--~--T'-'~ , ! I , if :1 . \..... . . . Oc:hopell' J Dade~cll\et :' : LThllllalll1 Trail S Traininl AI",.... I /./' __cenJcHI bwa' _: . herllades ~ I ~-;: NatlDna) , i, j ~JrtPiirlc, _ c> - "_ I . " . . - , - ,'" I _ ~_/ 'CcIlXt - ..> "'- ~~-------------- ,-~..~_.-,-----_._- :l,.. ..."...~fijiiiiiji,\-" __ . '"ft , ,">'" ,'.' Big (1"'011 j ~ ~ ~~ National 1\;. ''"i;: . P,te~eJ've ( r / ' , ". r-,"~" _1- ;;..,0.' , " ;8, "~f: 92 and U.s. 41.. In Section 9, Tow'1ship 52 South, Range 28 East, is the Port-of-the-Islands development located on the south side of U.s. 41. Other commercicJ 'Jses include a small C-4 parcel at the corner of U.s. 41 and Roy"l Pa.lm Drive and two parcels at the east and west section lines within Section 35, Township 52 South, Range 30 East. There is a small C-5 zoned parcel on the north and south sides of U.s 41 in Section 36, Township 53 South, Range 34 East. The intersection of State Road 29 and Tamiami Trail is the gateway to Everglades City and Big Cypress National Preserve. At the southeast corner of-the Tamiami Trail and State Road 29 is the Everglades City Chamber of Commerce Visitors Information Center. At the southwest corner is a pre-existing commercial store and gas station. Just west of State Road 29 are two Private Airboat Tour Operations. Collier-Semfuoolle Sute Jf>OlIl'k Existing !LImed! Uses: Existing land uses within the Collier-Seminole State Park include recreational activities, resource management of natural areas, and environmental The area five miles ncrth of the park's boundaries (north side of proposed scenic corridor) is relatively undeveloped, with a few houses and camps existing. Five miles south of the park are mangroves and waterways within an aquatic preserve (Ten Thousand Islands National Wildlife Refuge). AacessJibility to Aed!jSJcernt ILmds: Major land owners are accessible by way of US 41. Camps and housing to the north and within the area of the Golden qate blocks are accessible from US 41 by way of Miller Boulevard Extension from the south, or thwugh roads stemming from CR 951 to the northwest. lP'icayune SlJrmdt Sure Fm-est Picayune Strand State Forest is adjacent to the proposed scenic corridor along the north side of Tamiami Trail rtom Miler Boulevard Extension to the Faka Uillon Canal at the Port of the Islands Resort. Big Cyp_ National Preserve E"erglacies Nat~CIlnal Park To Miami 1~ mt \47 Ian ,,' 2, CDRRlDO~ MANAGEMENT PLAN0 o ~edion 4 ExL<ting Land Uses: This area adjacent to the Trail is known locally as Bad Luck Prairie. Existing land uses include recreational and outdoor activities. It hc"s been used extensively by four wheel drive ve]-~cIes, A TV's, and swamp buggies. It is also used for hunting. The canol along the north side of the Tamiami Trail is used ror fishing, lTIOStly at road'vvay intersections. Major Land Owners: Picayune Strand is part of the Save Our Everglades Conservation aIld Recreational Lands (CARL) project. Within the Picayune Strand State Forest, the State of Florida has already purchased a little under half of the area. The rest of the area is owned by numerous (mostly absentee) landowners. Average lot sizes are 5 acres. The major exception is a half section west of the Falca Union canal and on the north side of US 41; this is owned by Bob Hardy of Port of the Islands Resort Community. Accessibility to Adljllcmt Lands: There is no direct access to Picayune Strand State Forest f:tom the Tamiami Trail at this time. Miller Boulevw'd Extension would provide easy access to Picayune Strand State Forest fTom the south when it is improved. Miller Boulevard Extension west is only a short distance to Collier- Seminole State Parle The Picayune Strand State Forest can be accessed from the east through Janes Memorial Scenic Drive. Janes Memorial Scenic Drive begins approximately 3 miles north of the Tamiami Trail from State Road 29. Travel time from State Road 29 along this road would take 30-40 minutes. General Deve10pmmt Patl2m: There are no permitted buildings within five miles of US 41 within the boundaries of the Picayune Strand State Forest. At this time, there are a few small hunting camps. As acquisition by the State continues, it is anticipated that this area will return to its natural state. Furore Development Ploms: Plans for the Picayune Strand State Forest are described in a hydrological restoration plan <8: WAIN-AI TRAil SCENIC HIGHWAY l-trri '~ , h prepared by the South Florida Water Management District at the request of the Governor's Office. This plc.n is p,esently being reviewed by the Department of Environmental Protection (DEP). DEP has stated Ln.Zit ~vVork livill not COffilnence until ALL the affected properties have been acquired by the State. To summarize, once all affected properties are acquired, the canal system will be blocked with earthen plugs and spreader canals and pump stations will be constructed south of Interstate 75. The water will then sheet flow southward, to restore the historic water levels. Many of the roads in south Golden Gate will be removed, leaving only those needed for management purposes and to provide public access for recreation. Ten Thousand iIsllamdls Nal:i.!lJmal Wilillife Refuge Ten Thousand Islands National Wildlife Refuge is adjacent to the proposed scenic corridor on the south side of the Tamiami Trail from near the eastern boundary of Collier-Seminole State Park to the western boundary of the F akahatchee Strand State Preserve. Existing Land Uses: Upon federal receipt of refuge lands in December 1996, existing land uses are primarily resource management for fish and wildlife conservation purposes. Selected wildlife-dependent recreation may be permitted where compatible with primary fish and wildlife purposes and where adequate refuge resources are available to feasibly manage wildlife-oriented recreation. Mlljor Land Owner. The land is owned by the USA and managed by the US Fish and Wildlife Service. Accessibility to Adj8JreJlit Lands: Access is primarily limited to immediate refuge lands by US 41. However, SR 92 from the community of Goodland provides other vehicle access to lands south of Collier-Seminole State Park. Very limited access to the extreme southern segments of the vie,,,shed may be attained by watercraft such as kayak, canoes, end small boats. Fufure DeFe10pment Plans: While the land US2 schence will not change from the conserva'don lnission, future development prospects would revolve around low-impact, compatible fish and wildlife-oriented recreation. These plans may include development of vehicle pullouts to provide wildlife photography, fishing access, and wildlife observation; environmental education and natural resource interpretation could be facilitated by establishing wayside exhibits at pullouts. Opening of a single existing primitive road could be pursued to promote some or all of the above wildlife- oriented recreation (Goal #2; Objective 2.1.6; Goal #7; Objective 7.1; Strategy 7.1.3). lfIaibha.tchee Slarmnd State Preserve The Fakahatchee Strand State Preserve is adjacent to the proposed scenic corridor on the north and south side of the Tamiami Trail from the eastern boundary of the Ten Thousand Island National Wildlife Refuge, on the south side of the Trail and approximately three miles west of Big Cypress Bend on the north side of the Trail to approximately five ~porl"""" O"16~;~ fili' 8 mi12s west of State Read 29. Existmg JLmd Uses amd MaJrulgement P'raroces: Existing land uses within the Fakahatchee Strand State Preserve boundaries include the following: . Recreation (Fishing, Big Cypress Bend boardwalk, wildlife viewing, canoeing on East River). . Airboat Rides . Private lease north of US 41 from 0.7 to 3.8 miles west of SR 29) . Everglades Private Airboat Tours owned by Mitch House south of US 41 from 0.7 to 3.8 miles west of SR 29 . Resource Management (prescribed burning, exotic plant removal, etc.) MJJjolt' l..MId iOwlIlem: The major land owners within the boundaries of the Fakahatchee Strand State Preserve are listed below: . Fakahatchee Strand State Preserve (Department of Environmental Protection Division of Recreation and Parks/Florida Park Service) . Collier Corporation . Big Cypress Bend Indian Village . Weavers Station (Ja..-nes Billie) Site of Historic Gas Station on south side of old 41 destroyed by Hurricane Andrew. Aa:essfi.bmt:J' to Adjacent l..MIdIs: Provision for accessibility to e.djacent lands within the Preserve boundaries are the Big Cypress Bend boardwalk, airboat and canoe landings and the East River canoe and small boat launch. General Development Pattern: Current development includes the State Preserve facilities, Everglades Private Airboat Tours, Big Cypress Bend Indian Village and Craft Shop and Weavers Station south of Big Cypress Bend (James Billie). CORRlDORMANAGEM~NT Pl1\N0> 5.. 4 <) f:CiJOn-, Big Cypress National Preserve Big Cypress NationeJ Preserve is adjacent to the DroDosed scenic corridor on the north ELnd south ~id~s or the T:;uniami Tr2dl from State Road 29 to the Dade County line. Existing Lrmd Use: The proposed scenic highway passes thTough the Big Cypress National Preserve and is managed by the National Park Service (NPS). Authorized by Congress in 1974, by Public Law 93-440 (the Act), the Preserve was established to preserve, conserve, and protect the scenic, hydrologic, floral, faun at and recreational values of the Big Cypress Watershed. The area south and north of the highway is zoned Conservation-Area of Critical State Concern/Special Treatment (CON-ACSC/ST) by Collier County. The Preserve is also in the Big Cypress Area of Critical State Concern. The land is used for active and passive and consumptive recreation activities. Passive land uses include sightseeing, wildlife watching, picnicking, canoeing and hiking. Active lend uses include huntin~ fishing, fragging and off road vehicle based recreation. The National Park Service is required to limit and control these activiiies. Major Llmd Ow.nelli: Approximately ninety-nine percent of the land within the Big Cypress National Preserve boundary is federally-owned land that is managed by the National Park Service. There are also 43 private property owners who have frontage along the highway. The major private landowner is Wootens Airboat Tour. The other 42 private small acreage tracts are comprised of small single family homes, Indian villages, Ochopee Fire Control station, and three other commercial properties (Joads QuiCk Stop, Trail Lake Campground and the Big Cypress Gallery). Accessibility to Adjacent Lands: The Florida National Scenk Trail crosses US 41 at the Big Cypress Visitor Center (Oasis) and enhances pedestrian-access north and south of US 41. ~TAMIAMI TRAIL SctNIC HIGHWAY l.b.J , 11-8. 1':' - . , \ All National Park Service land along the corridor is open to public use. This land is primarily accessed by off road vehicles (4X4 street legal vehicles, airboats, swamp buggies and all terrain vehicles). Other major access points include Seagrape Drive, Dona Drive, Birdon Road (C.R. 841), Turner River Road (C.R. 839t and Loop Road (C.R. 94.) General Development P/l.tterns: As legislated by the Congress of the United States, the law that established the Big Cypress National Preserve limits and contTols private property land ownership and development. Most unimproved private property has been acquired by t.'1e National Park Service. An owner of an improved property (as of November 23, 197n can retain and use the property in a manner and to the same extent that existed on November 23, 1971. The National Park Service monitors these properties and works closely with county zoning officials to insure compliance with the Act. This private property can remain in private ownership forever. The National Park Service can only acquire these properties by donation or from a willing seller or if the use of the property is deemed detrimental to the purpose of the Preserve. Private property owners along the corridor who want to sell to the National Park Service receive high priority for land acquisition funds. ~ and C~nstrcints Analysis 0 ' 18 conflicts related to existing land use and. zoning were identified. Future Development PIIHIS: In 1992 the National Park Service approved a General Management Plan that would guide management actions throughout the Preserve. This plan identifies locations needed for visitor facility improvements along the corridor. These facilities include the development of short nature trails (Turner River nature trail), canoe access, parking for off road vehicles and hikers, and information facilities. The National Park Service is completing initial plans ror safety and access improvements to the Big Cypress National Preserve. FOOT and Collier County have coordinated with the Parks Service regarding these improvements. A copy of the draft Tamiami Trail Corridor Management Plan has been given to the NPS for planning purposes (Goal #1; Objective 1.2; Strategy 1.2.2; Goal #2; Objective 2.1; Strategy 2.1.3). The Monroe Station area has historic significance. The National Park Service is seeking a number of options to enhance and interpret the site. A future development that will have significant impact on the corridor is the effort by the South Florida Ecosystem Restoration Working Group to obtain funding under the Water Resource Development Act (WRDA) to improve water flow under US 41. The highway currently acts as a dike and holds back water on the north side of the roadway consequently disrupting the normal sheet flow to the south. The Army Corps of Engineers is requesting approximately $15 million to complete this project. The project is ranked as the number two priority by the Working Group. These plans should be monitored by the Corridor Management Entity (Goal #1; Objective 1.3; Strategy 1.3.2). C<O>J/Idusi<O>J/I: All lands (both public and private) located adjacent to the proposed corridor are subject to the County Land Development Code. Existing land uses are in compliance 'with these codes; any future changes in the land us,: will be subject to these same rules. No Over 80 percent of the land adjacent to the Tamiami Trail Scenic Highway is owned and managed by a public entity. Each of these public landowners has a mission that includes recreation, resource management, and environmental and historical education and interpretation. Since these activities are consistent with and complementary to the overall mission of the Scenic Highway, partnership opportunities with each of these landowners should be explored (Goal #1; Objective 1.2, 1.3; Strategies 1.2.2, 1.3.2, 1.3.3). f. Furore !LmId Use The limits for the proposed Tamiami Trail Scenic Highway are predominately located within a Conservation land use designation depicted on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (Appendix B ). Some areas adjacent to the Trail are also designated Agricultural/Rural. All lands adjacent to the proposed scenic highway are depicted as Areas of Environmental Concern on the FLU]V!. From Collier-Seminole State Park's eastern boundary to the Dade County line, the lands adjacent to the proposed scenic highway are within an Area of Critical State Concern. The purpose of the Conservation designation is to conserve and maintain the natural resources of Collier County and their associated environmental and recreational benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain them as important natural resources. An area with the Conservation designation is given particular recognition and attention because of its ecological value and sensitivity to perturbation. All proposals for development in an area with a Conservation land use designation is subject to rigorous review standards. The Conservation land use designation will accommodate future non-residential uses including essential services; parks; open space and recreational use; community facilities such as churches, cemeteries, schools,- museums, fire and CORRIDOR MANAGEMENT PlAN~ o Section 4 police stations,- utility and communication facilities; earth mining; agriculture; oil extcacticn and related processing. The Agricultural/Rural future land use designaticn is for those areas that are either remote from the existing development pattern, lack public facilities and services, are environrnentally sensitive or are in agriculture production. Urbanization is not prcmoted, therefore allowable land uses are of low intensity. A limited selection of services; parks, open space and recreational use; community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities; earth mining; agricultm.-e; and oil extraction and related processing; asphalt plant may be considered as Conditional Uses and are subject to a compatibility review as defined in the Collier County Land Development Code. Conclusion: Over 80 percent of li'1e land adjacent to the Tamiami Trail Scenic Highway is in public ownership. Some of this land has been acquired recently (within the past severa.l years). As management plans are developed for these lands, there is an opportunity to coordinate with the landowners and land managers to explore partnership opportunities for enhancements to the Scenic Highway (Goal #1; Objective 1.2, 1.3; Strategy 1.2.2,1.2.5,1.3.1.1.3.2,- 1.3.3). Some privately-owned tracts of land do exist along the corridor. As these lands (both public and private) 2.re developed or improved, it is advisable that their development is consistent with the character of the scenic highway. One way to guide this development would be through aesthetic/ design guidelines for the Tamiami Trail Scenic Highway. Another opportunity to monitor and influence future land use changes is through the County's future land use map amendment and zoning processes (Goal #1; Objective 1.2; Strategy 1.2.6). ~TAM1AMI TRAIL SCENIC HIGHWAY ~ g, Signage Discussion of existing local, state and federal regulations can be found in Florida Statute Chapter 479 - Outdoor Advertising. The Florida Deparh-"ent of Transportation is responsible for regulating the size, height, lighting and spacing of signs in areas adjacent to the Tamiami Trail in accordance with Florida Statute Chapter 479. This chapter contains a complete and comprehensive set of regulations and is more than adequate for maintaining the integrity of the proposed scenic highway. Additionally, nearly two thirds of the corridor is surrounded by the Big Cypress National Preserve. This stretch is nearly devoid of any billboards and will remain so. There are informational signs along this fifty mile corridor, most of which note park and preserve boundaries, mileage, tourist destinations, as well as Indian Villages and primitive campgrounds. The number and placement of existing signs along the Trail do not detract h"om the scenic highway currently. (See Appendix D for a list of the current signs that are visible from the roadway.) However, the regulation of future signs must be continued to maintain the integrity of the proposed scenic highway. The design and placeme~t of future signs could also be guided by aesthetic/ design guidelines for the Tamiami Trail scenic highway. '\ \ \ , ~, , t Opportunities exist to develop a mile-marker signage system that can be referred to on maps and brochures of the area to facilitate the location or sites arid services along the Tamiami TYs.n Scenic Highway. The Florida Deparlment of Transportation has developed special signs for their Scenic Highways. These signs will become t.he symbol of extraordinarily scenic roadways throughout the State. These signs will be erected along the Tamiami Trail Scenic Highway upon approval of the Scenic Highway designation (Goal #4; Objective 4.1; Strategy 4.1.2; Goal #7; Objective 7.1; Strategies 7.1.2, 7.1.3). . I i~, laDltulieA,d ,~onQints Anal"s;, 0 h. Safety !Issues Since there are no designated wildlife and scenic vista viewing Streas, some travelers of this segn1ent of the Tamiami Trail puli off anywhere along the side of the read fm fishing, wildlife viewing and photo-taking opportunities. As a result, on-coming vehicles must use extreme caution to pass; this creates a potentially dangerous situation. These safety concerns may be addressed by a scenic highway designation for this roadway and the addition of pulloffs, designating viewing areas, informational signage and paved shoulders. The Conceptual Master Plan developed for this scenic highway illustrates locations in which these improvements could be made (Goal #2; Objective 2.1; Strategy 2.1.4; Goal #4; Objective 4.1; Strategies 4.1.1,4.1.2). On the other hand, the Trail is, and always been, a valuable commercial artery. Nothing in this Corridor Management Plan is indicated to dictate that speed limits aiong the route should be necess8Iily decreased. Infact, the FDOT has recently raised speed limits along the corridor. The FDOT will continue to post speed limits consistent with its obligations as to the safety of the route, recognizing its commercial character. Safety concerns should be addressed by the other devices set out above, such as pull-offs. Nlln-Vel!-Jtro!ilJIl' Users There "Ie no sidewalks or bike paths along this segment of Tamiami Trail. The ColIierCounty Comprehensive Pathway Plan proposes for paved shoulders on both sides of the roadway within the corridor limits. Currently, US 41 is being resurfaced between SR 951 and SR 92 and both sides of the roadway will have paved shoulders. As the resurfacing continues east, paved shoulders will be added on both sides of the roadway. There are designated bicycle pathways on both sides of County Road 29 from US 41 to Chokoloskee Island. There are advantages and disadvantages to the additional pavement along the scenic highway. CORRIDOR MANAGEMENT PLAN 0> o Section 4- f6T1 !\ 18 From an aesthetic standpoint, the additional paven1ent may detract rr01TI the natural and beautiful SUi"youndings, hovvever, the paved shoulders could provide a safer place for bicyclists (0 ride. A comprehensive plan regarding the addition or paved shoulders/bicycle lanes along the scenic highway should be developed (Goal #2; Objective 2.1; Strategy 2.1.5). If bicycle lanes are added to the scenic highway, suggestions to enhance the corridor for safe bicycle and pedestrian could be to: . provide places to secure bicycles and vehicles while owners explore t.n.e area; e improve signage, information and education on existing accommodations and destinations; and . provide additional facilities such as ,,~.ldlife and scenic vista viewing areas. Three Year History of VehiwllM Crash D21ltal The DeparlT"ent of Transportation's District One Highway Safety Office has concluded, after review of crash data (Appendix E), that no high crash spots or high crash segments exist on the segment of US 41 being considered for Scenic Highway designation. The Florida Department of Transportation will continue to monitor accident rates along the Trail (Goal #4; Objective 4.1; Strategy 4.1.5). to Tr2lffic Volumes Commercial. Corridor and Arterial Roadw21Y Use The Tamiami Trail is a vital commercial link to the communities, private properties and businesses adjacent to the Tarniami Trail and Everglades City via State Road 29. Economic development strategies for .the area are enhanced by the Everglades City Enterprise Zone and plans for future expansion of visitor facilities. ~TAMIAMI TRAil SCENIC HIGHWAY The chart below depicts the recent trend in two way, average annual daily traffic (A-ADT) volumes ati:hz only location within the project limits at wr.ich traffic count records are kept, just ee.st of S.R. 29. The average annual daily traHic in 1996 was 4250 vehicles per day (vpd). Average Annual Daily TraWc at U,S. 4\1 E. lEast of S.1R.29 4500 4000 3500 3000 1Tpd 2500 2000 1500 4000 500 o 1991 1992 1993 1994 1995 1996 j. Level of Se1Mce Currently, the adopted Level of Service (illS) standard on this segment of U.s. 41 East is LOS C, for which the maximum allowable volume is 9AOa vehicles per day (vpd.). This sa.me segment would be declared as operating at LOS D with traffic volumes up to 15,000 vpd. A computer simulation model is used to predict future traffic volumes beyond the period of the Florida Department of Transportation's Five \feoy Work Program. All approved future land uses around the study area are accounted for in the modeling pwcess. The model predicts a year 2020 AADT of 14,500 vehicles per day. This is within a LOS D for this road cross section (two lane rural). There are no programmed capacity improvements to the corridor in the Five Year Work Program. The Florida Department of Transportation will cotinue to monitor the level of service along the trail (Goal #4; Objective 4.1; Strategy 4.1.6). '- k 'JrcrO!Jl\ElflO'rtation PlJlII'US MIld RoaawSlY limpnlvemeIlll:s The segment of U.S. 41 East "vithin the study area is a two I?ne facility in the year 2020 Financially Feasible Network contained in the CoJ.lier County Long Range Transportation Plan. Nine low lew~l bridges along the T2TIliami Trail Scenic Highv.]ay ore proposed to be replaced. Enhancements such as small parking areas, fishing platforms and / or canoe launches could be constructed in conjunction with these bridge replacements. Also, where appropriate, these bridges could be replaced with bridges that allow canoe access both north and south of the Tamiami Trail. The preliminary engineering phase for bridge numbers 030077, 030083, and 030102 thru 030107 has funding set aside for fiscal year 2000/01. Construction of a new bridge, number 030096, which is located at Loop Road, is slated for fiscal year 1998/99, Routine guardrail replacement will also occur throughout the proposed scenic corridor. As bridges and guardrail along the Tamiami Trail Scenic Highway are replaced, consideration should be given to the type of materials used (Goal #1; Objective 1.2; Stategy 1.2.1; Goal #4; Objective 4.1; Strategy 4.1.4). '. ~.5!:'.~'" r. " '-"- '--" ~... '. , ~:~, --~~-~--:-.---~~ ......'" ~ ~ - ::::=>" --:...-.::- ~ - - ---,.,- OD oriuniiies and Constraints Anal 'sis f 1 i '~ .~ l JProtediioo l'edmiq1JLes The resources visible from the Tamiami Trail Scenic Highway are afforded e~,tensive protection through the Collier County Growth Management Plan and other '2xisting regulations and policies of Collier County Government, Florida Department of Community Affairs, and the State and National Park services as described below. comei!' COW1lo/ Ninety percent of the land adjacent to the proposed scenic highway, east of Collier-Seminole State Park, is within the Big Cypress Area of Critical State Concern as displayed on the future Land Use Map (Appendix B) and adopted as part of the Collier County Growth Management Plan. This area was established by the 1974 Florida Legislature and all development within the area must comply with Chapter 27F-3 of the Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" or Collier County Regulations, which ever are more restrictive. The Port of the Islands development is located in this area, and is also adjacent to the Trail. A portion of the development was determined as "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, florida Statutes. Other local agencies providing protection of resources along the corridor are the following: .~ . .--." ,.-',', :~>:~~': ~~' /J _'~;2:;:':' '" ,.-"--.-~~_..u_ r..M~.,J.~~, ;.;~_...."J."_~.. CORRIDOR MANAGEMENT PLAN <'it <) Sedion 4 Collie? COW1'liy :i.linel'iif's Office aJI1JdI FJloods Highway JP~l:rol These agencies hav'2 primary law enforcement authority on CS 41. The Sheriff' 5 Office maintains a sub-station at the intersection of US 41 and State Road 29. Odiopee Fu~ COl!!ftIr",l XAslJrict This agency has primary structural and traffic accident related fire and hazardous material spill response along the highway. The National Park Service and the State Forestry Division have mutual aid agreements with the district and will respond to requests for assistance in fire suppression incidents along the corridor. Emeargenqr Medial Se1rvrires Collier County EMS maintains a station in Everglades City. The Ochopee Fire Control District station in Ochopee provides related services. Approximately eighty percent of the lands adjacent to the Tamiami Trailwithin the corridor limits is publicly owned. Regulations and policies of state agencies and those of the State and National parks provide additional protections to the scenic corridor's resources. FJloridla G.mme and Freshwater Fish CommissioEll The Game Commission controls hunting and fishing on both public and private lands. It sets the hunting seasons and provides enforcement for game laws. The Game Commission also controls A TV use on state lands, and enforces trespass laws. SoIJlI:h Florida Watel' Management District The District is responsible for permitting for water management activities for all of South Florida. It conducts permitting review in conjunction with the Army Corps of Engineers. Collier-Semmole State FBk The Florida Department of Environmental Protection Division of Recreation and Parks has numerous policies, standards and regulations to afford prot~ction to the resources of state parks, <it> TAMIAMI TRAIL SCENIC HIGHWAY I '! i~~, ~ ,./"'" 1A~18 while at the same time providing access to visitors. All plant and animal life is protected in state parks. State laws and regulations which protect the state's natural resources, including those of the Florida P&..Ik Syst2IT1, 3.I2 in effect along the proposed scenic corridor. Additionally, Collier-Seminole State Park mainti'ins regular patrols along all park boundaries including the park boundary along U.s. 41. flcsyrone SftIr;mdl Stare Forest The Florida Division of Forestry is the sole land manager for the Picayune Strand State Forest. This forest includes south Golden Gate Estates. In addition, lands purchased by the state within the Belle Meade CARL project are being added to Picayune Strand State Forest and will be managed the same way. These lands will be open to the public, and soon will have horse, bicycle, and hiking trails. Hunting and fishing are allowed. The Division of Forestry has primary responsibility for control of brushfires throughout the scenic highway corridor. While much of the South Florida ecosystem is dependent upon fire to control invading brush, brushfires can cause serious damage if they occur in dry or windy conditions. One tool utilized to prevent brushfires is prescribed burning under the Hawkins Bill. The Division of Forestry can conduct prescribed burns on lands that have multiple absentee landowners, in order to prevent devastating wildfires. (Prescribed burning is utilized by all the public agencies along the Trail, within their own boundaries.) Ten Thousand Islands National Wlld1ife Refuge The following are highlights of existing policies and regulations providing resource protection to the Ten Thousand Islands National Wildlife Refuge: . Executive Order 12996, Management and General Public Use of the National Wildlife Refuge System, March 25, 1996 prescribes the Refuge System's purpose of preserving a national network of lands _af}d '/Vaters for ciiunii.ies and CG~l5trQin'l"s Andvsis conservation or fish, wi.ldlife, and. pI2J'.ts or the United States [or the benefit or present aI'.d futu.re generations; identiti.es campatib12 v'Tildliie-d:ependent recreational 2.ctivities as priority uses of the system; outlines guiding principles for lnarcagement of the Syster11 with habitat partnerships, and public involvement. . The Fish and Wildlife Service Manual (631 FW4), outlines policy to guide refuge plannin~ protection, and operation of national wildlife refuges on various administrative levels. . Public Law 100-696 (AKA Arizona - Florida Land Exchange) outlined an exchange of land at the Phoenix Indian School for 107,800 acres of land in Collier County and $34.9 million from corporations owned by the Collier family. Approximately 19,620 acres of land will be used to establish Ten Thousand Islands NWR. . The National Wildlife Refuge System Administration Act, implemented under Title 43 CFR 24.3, provides directives for management of refuges for protecting and conserving fish and wildlife including those threatened with extinction, those on wildlife ranges and waterfowl production areas. Service officials are authorized to permit by regulation the use of any refuge where such uses are compatible with the major purpose of the refuge. 0I:he Poffid.es And Regclatioos . Executive Order 11990, Protection of Wetlands, May 24, 1977 orders federal agencies to avoid adverse impacts associated with new or improved development in wetlands, minimize destruction, loss, or degradation of wetlands and preserve wetlands and incorporate measures to minimize harm to wetlands. . Migratory Bird Treaty Act, implemented under Title 50 CFR establishes a framework for the protection and conservation of migratory birds; regulations govern all facets of harvest, use, and propagation of these wildlife. . ]VIa.r).ne Ivfan1.rnal Protection Act, implernented unde, the Title 50 CFR 18 prescribes protection for 1T:e ma.natee (and other marine mo.ffilTlals) by federal regulation. " Bald Eagle Protection Act (16 use 668-668d), imolemented under Title 50 CPR 22 outlines , . protection regulations for the bald eagle (fu'1d golden eagle) by prohibiting the take, possession, and commerce of such birds. . The Endangered Species Act of 1973 (16 USC 1531-1544), implemented under Title 50 CFR 17 provides for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend through a variety of measures including enforcement of regulations which prohibit taking, possession, sale and transport of these species and acquisition of land to conserve these species. . Archaeological Resources Protection Act (16 USC 470aa-47011) established protection provisions for unauthorized removal, or damage of archaeological resources from federal lands, Similar provisions are afforded under the Antiquities Act, which covers not only archaeological resources but objects of antiquity on federal lands. lBiig Cypres5l NSlIJiI:Jl1M1 ~ The National Park Service (NPS) has a myriad of protection techniques that can be employed depending on the situation. The primary law governing how Big Cypress lands will be protected is Public law 93-440 (the Act) which describes specific activities which will be limited and controlled through the regulatory process. This law also limits private property development in the Preserve an.d requires that private property owners comply with all state and county ordinances, The NPS is allowed to acquire private property when a landowner fails to comply with these :rules and regulations. NPS rangers have law emorcement powers to regulate visitor and resource protection activities on NPS land. The NPS is also responsible CORRIDOR MANAGEMENT PLAN~ o Seelio," 4 br all V\7ildland fire suppression and prescribed burning 2.ctivities 3.1ong the cOi.lidor. A prirrtary managernent goal is to restore norE1al she:=t flarN and to l"emove fill m~t2rial that may impede "'Natei:' flow. The NPS is also rem0ving solid i1vaste afld reiTIoving abandoned sb.''Uctures alOi1g the corridor. Most of the Big Cypress National Preserve is ~ Type 1 Wildlife Management Are~. The l'lPS and Florida Game and Freshwater Fish Commission (GFC) work in close cooperation to manage hunting activities. The GFC also has enforcement authority on these lands. Conclusion The resources visible from the Tamiami Trail Scenic Highway are afforded extensive protection through the Collier County Growth Management Plan and other existing regulations and policies of Collier County Government, Florida Department of Community Affairs, and the State and National Park 1611~ 1""8 s,~r-'/ices as descrih2d above. Tb..2re are opportunities to de;relop partnerships wi th .each of the major lalldO~_^lners along the conoid'.)T in order to facilitate this protection in ~" cohesive fashion. 'One major function of the Corridor Management Entity will also be to facilitate tj,is protection. m. Q.ther plI'ogr=s A literature review of Hydrological and Ecological Projects that may affect the Tamiami Trail has been prepared for the Florida Department of Transportation. Specifically, this study was intended to determine the potential impact these projects or studies may have on the Tamiami Trail corridor from Naples to Miami and assess the magnitude of these impacts from a scenic highway perspective. A compilation of the agencies and projects that could potentially affect the scenic highway project can be found in Appendix F. The Corridor Management Entity will be responsible for tracking these projects and agencies in order to -~~-- -c~, o TAHWN TRAIl SCENIC HIGHWAY ~ :, Opportunities and Constraints A.nalysis 0. . "6 . facilitate joint use of their resources ani facilities. Locsfrm\ding sources may be used for sceric Additional technical assistance and funding highway development projects or 2-5 source ror local opportunities for scenic highway development and match requirements. Funding sources/ portners are enhancements could include private and public identified in more detail in Section 11 of this sources. Some of these potential sources 2xe briefly Corridor IO/lanagement Plan (Goal #1; Objective 1.3; described below: Goal #6; Objective 6.1; Strategies 6.1.1, 6.1.2, 6.1.3), Frmding .sour12.> ?m.dJ 01: A.sswtance Opportrmif:ies . Private Donations/ Local Fundraising and Sponsorship Opportunities . Chambers of Commerce . Economic Development Councils . Conservation, Environmental and Historic Groups . Local Government . FOOT Work Program ~ Departm.ent of Comrn.erce (provides technical assisL?ifKe, inforrn.ation and planning for economic development and tourisrn efforts through its Bureaus of Economic Analysis and Business and Community Services and its Division of Tourism) . Historical Museums Grants-in-Aid for the development of educational exhibit projects on Florida History . Historic Preservation Grants-in-Aid . Florida Highway Beautification Council Grant Program for landscaping projects .' State and / or District Transportation Enhancement Funds . National Scenic Byways Grant CORRIDOR MANAGEMENT PLAN0 Conceptucl Master Plan Based on the Opportunities and Constraints . Analysis and priori ties established through the Comrrluillry ParbCIpation Process, a Conceptual Master Plan was dEveloped lor the Tamiami Trail Scenic Highway. This section describes each of the proposed featm'es of the Master Plan, provides exarnples of these features, r'\ and discusses . h~- they may occur alano- the Scenic Highway. The sketches and photo~ contained vvithin this section are conceotual in nature and are not intended for design'purposes. A more detai.led explanation of the Conceptual Master Plan occurs at the end of this section. CORRlDOR MANAGEMENT PLAN@> <) Section 5 I Information Centers One purpose of the Information Centers is to disseminate infonnation about the Scenic High""ay and the area. These centers will provide access to information regarding the history of the Trail and the surrounding environment, as well as information regarding things to do and see along the TraiL These centers should be private/public ventures to facilitate access to bott\ public and private facilities. The scale of these facilities could range from a simple information display to a visitor center complex. + !I ~ pi ~I ,,~~~Iix~ t-NaPles '"'=-"'-. ' L.,j) - _....._~ - .,,-, -",'r"- ' (' ~tsr'''''I , """'-Vl"<;1 J ST,.:,.'\"lcN . '-,,of' i 16 I 1 'A" 1 o , i,......;; The most appropriate locations for these facilities are at the western and eastern ends of the Scenic Highway, Carnestown (SR 29), and / or Monroe Station. Information Centers located at the end of the Scenic Highway could simply consist of information booths with maps, brochures, and audio tours of the TraiL The visitor center complex should be more centrally located and should act as a clearinghouse for all information related to the Tannianni Trail Scenic Highway. ~TAMIAMI TRAIL SCENIC HIGHWAY Conceptual l'Aarier PIaf1 0 1611A 18 En.try Gateways be a variety of scales from small, simple signs to a stone arch. The most appropriate locations for these treatments are at the east and west termini of t.n.e Scenic Highway. Another appropriate location is at the Tamiami Trail/SR 29 intersection at Carnestown. The purpose of these gateways is to announce to the visitor that they have entered a unique historic and scenic place. The gateway concept has historical precedent; a stone arch was erected at the eastern end of the Trail in the 1928. These gateways could '-'~ -~':... ...._~ .,-,_<":~'u' ::~:~t~~~~<i~: '~:'~1'f~}Y'~":' ~v ~'~-,-'.- . - .-J:.~" -."" .'~' . ~"~. s-,,,,.;;o. ;'~."_._~> ~'-~ir; - -<_. ",;._"-':"':' CORRIDOR MANAGEMENT PLAN~ oSedion 5 , '" ,A Camping Camping provides an alternative to hotels / motels and allows the visitors to commune with nature and experience the resources. Camping areas can also be used to enhance other activities such as fishing and hunting. Adequate camping areas exist along the Tamiami Trail Scenic Highway; however, some of these facilities could be upgraded to include chickee platforms, backpacking campsites and/ or canoe campsites. Both public and privately-owned campgrounds exist along the Trail; we do not suggest that this plan interfere with these operations. An alternative to conventional camping could also be an overnight airboat safari tour. <@iTAMIAMI TRAil SCENIC HIGHWAY 16 11A 118 _ __,~___~.~_ _,_.___.__...~.r. ..~__._~_~'..~ ~ --~'._-~-'--~,_~,~,~ r-;""--=-..c~~ _n__ I.. 16-J-+-A 1 ,11 f.'-'_ ~i mten'retive I Nature Trails .----~-- -..--. These trails pro.Tide educational opportunities for the public regarding the hi:storical and natural resources associated with the Tamiami Trail. They also allow the travelling public to leave their vehicles to get a closer look into this unique environment. The interpretive elements of these trails could include Native American history, vegetative communities, wildlife, natural systems restoration techniques, and the engineering significance of the Trail. The Florida National Scepic Trail crosses the Tamiami Trail near the Oasis Visitor Center. Possible locations for these trails include Royal Palm Hammock/Collier- Seminole State Park, Monroe Station, and Paolita Station/Fifty Mile Bend. Another opportunity may be the abandoned railroad corridor that rUns in a north/ south direction bet\veen Everglades City and Copeland. Conceptual Mosier Plan 0 ,~. CORRIDOR MANAGEN\tNT PLAN0 o Section 5 Picnic Areas Picnic areas serve multiple purposes; they provide a place for people to stretch, eat, relax and take photographs while surrounded by nature. Picnic areas can consist of picnic tables only, or they can include amenities such as grills, water fountains, restrooms, shade structures (i.e. gazebos), or screened areas. Picnic areas could also double as a trailhead (a collection of amenities) along the Tamiami Trail Scenic Highway. New picnic areas should be co-located with other amenities where possible, 16l1Jfl n I"'" ,'f. /.7.-_. (_ cJc,,'d:A/ ,~~ .\--,,' , . ! I . i't,:~t .1 '. . 4.;~ C. --- .,"-_..--_.--.....~-~.-.".--.._--- ..~ .-..--_..'''- --. ~TAMIAMI TRAil SCENIC HIGHWAY ConceDiua\ Masier Pian 0 16, i~ ia Observation Tower .----- .---------------- - . All observation tower would provide a unique perspective on the expanse of the Everglades. This tower could be the focal element of an education center and would include interpretive signage regarding the natural systems viewed from the top. \...~..-..,<..;.,...., .' ;.' '~~.>. -'. ,~:..';'~/l' ~'.-' ,_.... ..4! ~J;'l' :: ~.~. ~. >.- ~;t~~~-~ i , 11-./.7 .,..,' :~:. ~i:.~:;~' . - - --- - ,-----.-:-------,------~~_._~~~,.~- :~'~~it~,b;:~ CORRIDOR MANAGEMENT PLAN4> o Section 5 .... , Wildlife Observa.tion Areas This element is important for education and appreciation of the natural systems of the Everglades. These are areas in which wildlife occurs throughout the corridor; these areas may change over time, as natural drainage patterns are restored. Amenities such as pulloffs, scenic overlooks, boardwalks, and interpretive signs should be located adjacent to these sites. ~Ti\MIAMI TRAIL SCENIC HIGHWAY 16 A1S m:~-"" ~-.T{- . ,', i~:';~ ,.....- ,. J'--~-----'--=--:;;: , ' 'J " . . .-.'~'..~ :.:. ~ ~ ~-4:" --.j~.~ JIi. __ . /.:.. #jj:;;-.., .' , ......~ ~,...:.-. 16/1.478 ....~. .,;;III....~.. "'_.'- -..-... 1(, ~-L~;;:'~.. Educati.ol'lal Center I :Historical t,-iusemn. The scenic corridor needs a visitor center that provides exhibits about the nai-ural environment, 'ocosystem, history and culture. This hcility should provide a first class experience for visitors. And it could also be used to educate school children in the area. Conceptual N\aster F , o H{s "['_':"1.(.1 ".. ",-- "I !:Pr"....,~,t"~ l.~P'ftf::n;}.J~ "J(",~~I>,. ~ ,~ 1I'Il-',:,....f'-<lf..... f!::l~;"S,I-r~ \,,~~}JI_ D15r.;:....7.G3-1~~~ , ;;t -=- ~ -,~-"-_cou;.JL-.:t-1 00'r~ "'.. ,,_.'_~__ .._n__.._'._'__"___ ...____.._.,.._.~__~._.._u_......_~ .__._ ~.. _.-_.._-,~_.._.._..._.~------_._---------.._.._--_._-,.-- ...- , > -,.' .' '.-- c~ :~ .~:. - I:'- \; , il. ..,r'. '!. { "'r " I : t-~ 'i.' I' . p' \ I;';, . ,I' \ ' I' ~ \ , II' Hi V I I' "; 1 ,:l r', '~\ I ,,1\ ~J' . CORruDORMA~~~P~N~ .:dioll 5 m Hilstm'ical Sites The area surrounding the TaE1i2cmi Trail, and the Trail itself, is rich with untold folldore and historical events. These proposed l1istorical sites vlould explain the heritoge of the area, the hardships endured during construction of the roadway, and provide a glimpse into the "real Florida". These sites, scattered throughout the scenic corridor, couid consist of historical markers, informational displays, wayside stations, and! or Native American villages. Public art (i.e. sculptures) may also be used to explain the history and significance of the area. r" ...---~~_...._._-_.~---------_.. ! ~. __~~__;-~::r:~~~'~;':~~'.:~~~~~ <9: TAMIAMI TRAil SCENIC HlGHWAY "r1 ( ;1 Al8 C.Gfi,c~pPiJollV\,~r PI:CJf10 16/1 ...... - ~J~ , -;,;.. ....~ ,~ 't;"Il,~ t '~~~~'...t .t'.t,1f"t;f:;:;.}"\""tf,. V ehicle Pull Offs rbe l:.ur'pos'2 of these pull otfs is '1:0 prG\lLd!2 a :satt2 pr~dD2 f(n the tr,1vel1ing publ.i.c to stop and \!lel.V th.2:ir '.3uci'oundlngs. These elelYlents v\'oUld 0"2 located 1J1 . COtl1unchon 1-vith other an1enities such as 'iAllldltte vie-<\.i\/lng areas, picnic tables and shade trees... and / or roes(::rooms and \vater fountains. Signs \....riH be used to alert travelers of these facilities so that they may exit the roadway safely and efficient),!. ---- --~._----- ----- ---~---~ ~ \~\ l.~~7==--=-~~~~~~~~~-) r , ~-' ~___~--I l;t ------;:'diP ~. '_': ~=f"~ / ( - ).v".>~.,..~ .....- -"",.,.- ,- S ,--.-,.- ';'~" ~v-" ':--:---=. 1 l;~___,," c_? fifi~.::'.;~:.I"~~~~.'.' "~;;:'-;:-- ~ 2-'" ,~:' i4/ I . .....;;;.- --, ". . ,;J ---',..-. __" - ";'0 ,"--1 ~ .~ ........ ". , S ';-.l ': - ., "", -1<' . .:if!bt, t~llir;:...1of" ~-:,__~ ~~." :_' -~ ...pS..~. ... ~., -~~: ~----~,;;.- _ _,L_ _' r..'_'.__~.. - __~ --- " ... COR\IDOIi!~r!"JlJil!J!J o Sechon 5 Extraordinarily Scenic Sites rhe,c::,e sites consIst of brea.~htakLI\g \'It::'I\ S J.nd s(enic \-i~,tas th~lt t'\.tend as (ar as.the 02\'12 can Set'. rlleV J.1-e located thn)ughout the Sceruc High\\'ay corrid(~L In SOlYl.e areas, clearing I..lt roads~de \egetation could enhance these views. if feasible, vehicle jJulloffs should be located in the vicinity of thf~se sites tl1 order to provide sate \-'ie\Vlng. ,~,_'~',':"'::,'1~.":':f' c.' '.' \~_ :,.~:; .___ f '.. ,-,,,._,, ~~. .-'",~. .I~~. ."-i, ~L~;""""'I -- ' -.' 1lI""'~ ~'J . _..~ ~-.T~.;.;. ._ ;~~~1l-'~,\,~:~,7' ", ./:'},;::-!~~/1~1,'~> ~.. \1! #_J", _ ,_ _~'h..~,\.f,r.~j.",,";-7.'~-, : .~~~"!1-",,-~_ ~'\'\~"v- ,_ --.;~:,::,..;.:".~;.,..:;l.. .. 5. _ -,,,,"..'.-..~,,, ," ...,. i_ 1" '; >e/.'-".''''.': 11-','.', .,.r. ',1,".',.,\. : ~ -~=.~:~;....~ ^!'j'<S , . .: \~nr,,' _~~_",;-.;:':-~j;,r:-'-r";';1;;< ," f,' "::tt o'i" J,~:'~,~.i.:t11bt,t,~lit\i:.I~1'.:}.~'i...~.'.': ~.'~,I."."r 1~t.:'~~1 '~'GU~fi :;t _. '~',"~-f;"~ iL 1'1~...~.~..".I4..')l~~.-,....,;,...:,:... ,.1.. . ....~.~ ;r.'~;~ -.....~.. . i! .~ <0 TAfl.iAMl TRAIL SCENIC HIGHWAY A .. " 1 R " ~. ' "~ '8" ! :,-," , I., I '.1 ~J..__. ___, Irldian Villages - --- --------.---- - Both privai:e and corrmJ.ercial Native AlCnerican villages exist throughout the fifty-rnile corridor. Buffers and ; aesthetic treatments could be used : to enhance or screen the entrance to : these villages from the roadway, .2 _L____..,] whichever is appropriate. The treatments could be consistent with the architecture of the village, and signs along the roadway could be used to identify the commerdaI "ill ages. -~ 11'3._, '; I,LII ,J C . 1'\" . C" O:1CepfUa J ,;ester r iG'il 0- 1611,418 CORRIDOR MANAGEMENT PLAN0 o Section 5 "..'- ...... Airboats I Tourboats/Swamp Buggies Airboats/ tourbc.ats/ swamp buggies provide another 9Pportunity for visitors to experience the ureal Florida". l'Jo ne'\r\T facilities are proposed as part of this prc.ject. Since this represents a way of life in this area, ,he existing facilities were included on the Conceptual Master Plan, ,.-----", ._._._-----_._._--------~--_. .... '~1~:~.:t:gl~'8~!::!:\i; .- - _.ii'.. 'II ~T~.MIAMI TRAil SCENIC HIGHWAY ~ _"_.____--"',_.~.__._u_~_.,..p~~_.__~__.__~_~_. Canoe Launch - -- ---~- - Additional canoe access along the ':'amiami Trail would provide an alternative mode in which people could experience the Everglades. CarlOe latmches would typically be placed adjacent to an existing ~ - ~ ---~-~-..--- .~-' - ~.- - i ,,\ t .-4!~ ~~;,(;F." , ~ ~ r ,~ '::~ -~-~ ~ #(;,'f/J,l '-r'- i \ \ i I !~--- .....----, __CI,,"~,~__='_~'D~~d~-~'='>==--------"-"'=--------~=----"'-- ~ 1611 ,. .J i," ol(j (> bridge and could include some parking spaces for canoeists and other sightseers. These parking areas would also proviGe a safe place for vehicles to stop along the Trail. _._-~~~-~~"-~~ ';;;~~_::'_ ~~Y1~!~ ,,,:~"''''..''~~< .,~fji!I1!JJ ~ - : ~. . . ~- ~>:- ,-ir..~-+.""~ CORRIDOR MANAGEMENT PLAN0> r " 5 <)::oecnon ~ . . J- FisMillg Access to fishing areas could be enhanced through boardwalks, fishing platforms and parking "reas in the vicinity of the bridges along the Tamiami Trail Sceric Highway. ~ TAMIAMl TRAIL SCENIC HIGHWAY ~ I . ~___._.." ~ ~_ _~ ~_ ~_,_~_~.;'._~~~ _~_~L__,~ lb/l o " t.. ^ ! ,. Eoardwaillks Board'.'Ilalks facilitate access into areas that otherwise may not be explored. Through these boardwalks, natural systems such as cypress strands, hardwood hammocks, cabbage palm hammocks, sawgrass marsh and open water, could be experienced. Existing boardwalks occur at Big Cypress Bend and Kirby Starter Roadside Park. Possible locations ror additional or enhanced boardwalks are at Camestown, Kirby Storter Roadside Park, Monroe Station, and Ochopee. ""-"~~'- ~ .. ,..r"'~ .". . .~. . I. I.-=.- _ .~~~ ~ 2:'-:"~. - -- -_.-.- -< (--' CORRIDOR MANAGEMENT PLAN~ o Jcu!~n .J ~ 16 \ 1~ ", 8 Bridge Enhancement The bridge at TErner Kinr is proposed to be replaced; this was an historic navigable waterway that was used for fishing and hunting. The bridge replacement project design could include ~ canoe launching area, small parking area, and a fishing platform/ scenic overlook. .~ f~'\;':::#~~~:~~~'~--'------- .,1#.<" ~~..'"'" ., :.t(,:-- ," <tit -,' .,.,~ ,/ ;':' ~., r ('Vfi1 \.lee- ~ I (P TAMIAMI TRAil SCENIC HIGHIN.!.Y o 161 ., .~ 8 CORRIDOR MANAGEMENT PLAN~ <) Section 5 The following Conceptuallvlaste~c Pbn ~/\7as developed based on oppcrtunities and constraints, and on me priorities set by the puck dur;ngme Community Participation Program. 1n Grdei" to understand the Plan, it has been divided into five geographical areas. Each of these areas has its own character and theme, which is dictated by the surrounding ecosystems as well as the history associated with the area. 1611 '1\ 18 Master Plan 1 , -0 Royal Palm. HaiL'l1!1l0dc to VleiOxe(S Station Ti>is section is the westerl11lLoSt portion of the TanliarnI Trail Scenic [--{igh~,Alay. The surrcunding 2n'-Tironrrient '201.sists primarily of: rrla':.~shlalld ai"l.d extensive SEY'IAlgrass prairi<'=; howeveT, the expansive views of these systems are blocked by roadside vegetation (brazilian pepper "nd c"bbage palms) throughout a majority of this section, The vegetation and wildlife of the Everglades region can be studied and enjoyed at Collier-Seminole State Park, which is located at the wzstern terminus of the scenic highway. The Park's tropical hardwood hammock is characteristic of the coastal forest found in the 'Nest Indies and the Yucatan Peninsula. 1611A18 ""h ~l 'd 'aI' l.. e rc,re .;..-< on a royal p~ m is a COlnmon species in this hammock. The history of the construction of the Tamiami Trail is a key element of the scenic highway. The walking dredge that was used to construct the roaciway is on display at Collier-Seminole State Parle The historic Royal Palm Way Station is also located near the western end of the scenic highway. Although parts of it have been converted into a Coastal Gas Station, the historic building is still intact and could be restored as an historical exhibitor information center. CORRIDOR MANAGEMENT PlAN0 o Section 5 ~i'. - -. ~-1, , , <"". W eavet' s Staf!iOllTIl to CM1!'i.esl:o'ifl'l.!1t Extraordinarily scenic sites and wildlife observation opportunities dominate this section. The immediately surrounding environment is mainly comprised of sawgrass prairie with cabbage pe.lm hz,mmocks and some open water. Adjacent to the Tamiami Trail is the Fakahatchee Strand State Preserve. Within the Preserve, forests of bald cypress are as impressive as any in the state. The Preserve contains the la:tgest stand of native royal palms and the largest concentration and variety of epiphytic orchids in North America as we!! as other species of plants that are extremely rare. The Conceptual Master Plan supports the character of the area by focusing on the elements of wildlife observation/ observation tower and vehicle pull offs. <& TAMIAMI TRAil SCfNIC HIGHWAY - C"Lr!':ce",tov,rn to T~L"T,el1' ]Ri'iJ'(;;r Vvay Stal:]JJ>11 The locus CI Lhis seci:i:;D is atche ir:.ters=cticn ~f the scenic highipay and S.R. 29 in Carnest0~,vn. V1ith l:De C08-~J;,::r';ltion ci ::he: L::C2J ii""'l.t'2iSStS aJ:1d ag'=l1ci:~s, the existing visitor's C2ni:er could oe redeveloped into a -visitor' 5 complex "with an infornlai.i,on center, retail / office sD2ce, 3.11. observation -COY-leY, no_tu:te trails and I or ~ canoe launching area, as sho'\t\Tl.1. cn the following sketch. This complex would be ',he main visitor's center alcng the T"miami Tr6:il, fu'ld it could also SZTve a.s a gf..te'V\lay into EvergladEs City and Chokoloskee. 16/1 A7' o Big Cypress NeJional Preserve is located on either side or the Tz,n1.iani Trail throug-hout mis serQan and continues to the e2stern end of the SC21li~ . highway. \flithin the P:teserlJe, the surrounding landscapes Etl"e dmnin2.ted by cypress str2.nds, pinelands, and sawgr3.ss prairies. These habitats support a variety of wildlife, which can be seen from the scenic highway. Other proposed ,clements of the Master Plan include canoe launching facilities, vehicle pulloffs, and wildlife observation areas, ,A.." .~!..... ~ 'E" i" CI:.' ~c ..Jt l ~ \ I "'f ) l <N I ' ~ "2:~" ~~ tY)~~ I ! I .. ~'N'WkB L-i \ L . '14' lIIIIir:....>..,T..lllBrIMIL~I1i'~Iit~~-~~ rr ".,-'-. 'F f'-' ,,=--!!Ii'!'!E~ i ~"", n," I ~,,-' JI ' ~ ~~1 i~~"''':-~ ~ I ' 't ,/" U. ~'~j1t lr'-'=-" '",.,pP f. ~_ ~ ,,~"\~ I i~,,~~ ~ ~-r'7Lc~",o- P ''>.::''-~ - .~ t _ o...<~ ff 1-.'-N....~ il f// ~". ' ". ,"" '.,-' ",,' ,,;., / / ....,-. 'e-::;,; _..~'.t,,:- /,j:< /:' ;;;~iji~.1:~" ,.....;'... ',':),;!,,f-,<, ~ '~~ CORRIDOR MANAGEMENT ?LAN0 0> SE:dion 5 Turner River Way Sl.:alio1rl to Mm1ll"oe Sta1!:i.tlJ;1'1l The surrounding environments consist of cypress sl"nmds and pil1elands throughout this section. Extraordinarily scenic sites and proposed vehicle pulloffs and wildlife observation areas are scattered along the scenic highway, as shown on the Master Plan above. Kirby Storter Roadside Park could be enhanced by adding amenities such as picnic tables, shade structures, an improved boardwalk, and interpretive signage. An environmental education exhibit could also be used to explain the ecology of the area and the importance of ongoing environmental restoration projects. 16 \ 1~A118 The Seminole Monument is located about one mile west of Monroe Station. This spot marks the location where Fbrida Governor ShoItz met with leaders of the Seminole and Miccosukee Nations to discuss concerns and try to come to an agreement. An historical exhibit is proposed for this site. The history of the are" could be expressed or symbolized in several ways. One such way would be through the use of public art, or sculptures, along the scenic highway to mark these significant sites. ----~.~ . .._-~-=-- ~" I!UJ'" ~TAMIAMI TRAil SCENIC HIGHWAY Monroe Station to Paolita Way 5\:ao.on The surrounding enVirOll.E1ent is sin1ilar in rLarure to the previous section; imnlense cypress strands in several areas franLe the scenic highv\7c.V. 1'\'10nroe . ' Station is an historic <Nay station tho.t ~/'7as constructed in conjuncDm.1. v..rith the roadway construction. The existing building is still intact End is used for storage for the Big Cypress National Preserve. This site could be redeveloped into an historical museum / education center for the scenic highway. Boardwalks and/ or nature teails could also be located here. Extraordinarily scet'.ic sites and wildlife observation opportunities exist eastward along the Tamiami Trail for several miles and along Loop ROed, which is located adjacent to Monroe Station. A boardwalk or observation deck is proposed to be loca.ted adjacent to these sites. --1-6-t-1 1:8 o The Florida ]\Jational Scenic Trail traverSES the Tamiami Trail in the vicinity of the Big Cypress National Preserve Oasis Visitor Center. Interpretive signclge could h2 constructed adjacent to the Trail in order to educete hikers regarding the history and significance or the Talniami Trail. A cluster of private and commercial Indian villages and the Paolita Way Station are located near the eastern end of the scenic highway. As shown on the Master Plan, a cultural and historical museum/ education center is proposed in this area. An entry gateway and information kiosk is proposed for the eastern terminus of the scenic highway. This location had an historical gateway in the form of a stone arch;:hat was erected at this site on the Trail in the 1920s. __,~__.__.. ..____u__ CORRIDOR MANAGfMENT PLAN~ 'S"dion 5 <B> TilMlilMl TRAIL SCENIC HIGHWAY 16U ,f!. .,::{ I 8 Cor,ceplual N,cster Plun 0 CORRIDOR MANAGEMENT PLANZ!> 1-6+i During the April 2, 1996 Naples (Collier . County) Metropolitan Planning Organization ITleeting, Mr. Rebert \Narren, Citizen Advocate for the Tamiami Trail, Superintendent Wallace Hibbard of Big Cypress National Preserve and Mr, William R. O'Neill, attorney with Buckingham, Doolittle and Burroughs were among those present to request support for a community based effort to designate a segment of the Tamiami Trail as a Florida Scenic HighVllay. Mr. Jeff Perry, then the MPO Coordinator, presented information on the Florida Scenic Highway Program process. The MPO unanimously approved moving forward on this issue and directed staff to provide administrative support to this effort. Commissioner Bettye Matthews volunteered to serve as the local government representative on the Trail's Corridor Advocacy Group. In accordance with the MPO's direction and the Florida Scenic Highways Program, the MPO staff made efforts to identify interested parties and stakeholders and sent letters inviting them to attend the first meeting held in May 1996. At that meeting, the majority of those in attendance voted to form. a Corridor Advocacy Group, The group is made up of interested citizens, government and agency representatives, park officials, and experts in planning, engineering, law, history and natural resources. The intent of a Scenic Highway designation is to enrich the traveler's recreational and educational experience as well as promote the economic prosperity of the surrounding communities. The function of the Corridor Advocacy Group(CAG) is to document the resources along the corridor and apply for a Florida Scenic Highway designation for a segment of the TraiL The CAG serves as the Applicant in the application process and will be responsible for developing a management plan 'for the corridor, To date, the primary efforts of the Corridor Advocacy Group (CAG) have been to identify and document the natural, cultural, historic and scenic resources unique to this segment of the Tamiami Commu\!ifv P,'JrTiciparion Pro~ram 0 _=-_!~ ___~,"._<n__ ---c.~-:; ~~ f! .~ --ti -' '-'~' ~'I~ .''3 "" ........_..~.. ~--.. ~.--~ - . , '.__ _,.1f!;1 ~ ~\ , ,. - --:;: .,j ~:....~ - ' 1112):-- TraiL The group has elected a Chair and Vice-Chair obtained eligibilty from the Florida Department of ' Transportation and formed subcon.unittees to complete various tasks required for the Corridor J\hnagement Plan and conducted several public workshops. - It is recognized that there are many individuals, civic organizations, interest groups, and agencies with various interests and goals that could contribute to, as well as benefit from, the success of the CAG's efforts. To that end, one important focus of the Trail's CAG has been to encourage partnering, community involvement and consensus building, The CAe's meetings are open to the public and one of its subcotEmittees developed a commun'ity participation plan for the designation phase. In order to gain greater public participation and input into the Corridor lvlanagement Plan, the Corridor Advocacy Group initiated a Community Participation Program in February of 1998. a,Program Overview This Community Participation Program (CPP) was designed to gain input and support from the residents and business owners that live and work within the area served by the Tamiami Trail Scenic Highway. The study team's approach to community participation was pro-active. The objectives of public awareness and public input required that the study team share study information with any individual or group, and that the team listen and respond to concerns and ideas, The study team developed the Corridor Management Plan based on the input received throughout the course of this CPP. CORRIDOR MANAGEMENT PlAN0 S"dion 6 b.],Jotificai"ion and Public Information Mailing List In order to notify inteT2st9d persons regarding upcoming meed:ilgs 2Jnd vvorkshops, the CAG created a project mailing list. Newsletters -were sent to anyone listed on the mailing list, which included the follo'Jing groups: property owners within one mile of the Tamiami Trail Scenic I--lighway; property owners within Everglades City and Chokoloskee; Corridor Advocacy Group members and initial mailing list; ~ommunity and civic organizations; businesses associations; local elected officials; local media contacts; Florida Department of Transportation (FDOT) officials; transportation agencies; and local and regional planning staff. Development of the mailing list was an ongoing process. . As new information regarding interested parties became available, those persons were added to the mailing list. The final project mailing list included over 800 individuals (Appendix G). Newsletters/Press Releases Newsletters were distributed to the project mailing list at the initiation of the CMP process and prior to each public vlTorkshop. Additionally, press releases were distributed to the local media. Several of the local papers published articles regarding the Public Workshops and how to get involved (Appendix H). Phone Calls and Personal Invitations Members of the CAG were contacted via telephone to remind them of upcoming meetings. Additional interested persons were also reminded in this manner upon request. Prior to the first Public 1,1\1 orkshop, study team members spent a day along the Tamiami Trail and in Everglades City and chokoloskee interviewing residents and business owners and informing them of upcoming meetings. ;\latices were posted throughout these areas in another effort to reach the public. Interview data 0TAMIAMI TRAIL SCENIC HIGHWAY >, """'j":' ~ . - \ -- . ~_:_---~~-_.~--~,~--- -~------~ forms are included in Appendix 1. c. Public Workshops and Opportunities for Public Input 1. VI'orkshop Number One The first Public Workshop was held on February 26, 1998 at the Everglades City Community Center. The purpose of this workshop was to share ideas and form a "vision" for t.\e Tamiami Trail Scenic Highway. The workshop team included planning and design consultants, Florida Department of Transportation staff, County staft elected officials, representatives of vc.rious special interest groups, and residents and business owners along the Tamiami Trail. Approximately 40 people attended this intense, day-long workshop; some participants did not sign in and are not represented in the list below. :g, -~"~~~''rf;~''''~~t1--!::;-n_~ ~".. -J".9."}~~'1":_"',"';'1!I' ~"'ii;' ..,,~2::;~ ;:..-.'- -0" ,C _ '''''';;' '. . . ....~.~..-' 1!; P1ll"i!:idtp&~\:S Robert VV. Read David E. Shealy Carolyn Kriz Paull\1edine Karen LOUVllslna Michael Loomis Robert Warren Ben Nottingham SteVle Blount Danny Frank Denninger lames Morris Mark Morris Susan King Nathan Silva Julie Scofield Nancy Prine Communi!' . Pcrticipciion Pro r-:rm Chase Squires Nancy Lindsay Claudia Davenport T alui I-louse Lizzie Duling Bobby Cley Sonja Durrwachter Aileen Ramirez Bobby Ray March Joan Griffin Mrs. lames Morris Frank Mears Amy Taylor Mary Raulerson Egan Jay Hood Bill O'Neill WiJa1'bhop Agenda I 8:30 am -10:00 am Process 10:00 am - 11:00 am 11:00 am - 12:00 pm 12:00 pm - 12:30 pm 12:30 pm - 1:30 pm 1:30 pm - 2:30 pm 2:30 pm - 3:30 pm 3:30 pm - 4:00 pm 4:00 pm - 5:00 pm 6:00 pm - 8:00 pm Introduction -Video/Slide show . History of the Trail eScenic I-Iwy. Designation Tamia.rni Trail User Groups User Group Presentations Working Lunch / Presentations Tamiami Trail Vision Vision Presentations Issues and Opportunities Map Guiding Principles Sketches Open House /Public Presentation ami Trail User Groop Ym.~evJs \Norkshop particip2,nts formed 4 groups of 7-9 peeple and were asked to project their Ln.oughts to a time when the Tamiami Trail Scenic Highway has received designation and improvements / enhancements have been in place for 5 years. As a group, participants responded te the follewing questions from the peint ef view of the "user" the group adopted: Q1. What is your favorite featlli-e of the Tamiami Trail? Q2. What makes the Tamiami Trail unique? Q3. Describe your most memorable experience on the Trail? Q4. What do you tell your friends and family visiting from out of town about the Trail? Q5. How often do you l/se the Tamiami Trail? Q6. What would you change about the Trail? Each small group presented their responses to the overall group, and the activities and facilities mentioned formed the basis for the improvements / enhancements program for the Tamiami Trail Scenic Highway. This program was later used to develop the Opportunities and Constraints Map at the next public workshop. The following is a summary of the group presentations: Vi.sitor #1 - Mike Mike, III COmnle11'ci/llE iisherrm;m, is 55 ye/llJrS oEd! 8IlIId! hills lIivedl in ChokoEoskee fall' the E/IlSI' 30 ye/llJrS. He is divOJI'CedI, hills III silent business p/llll'lner, /IlEllllllnosls 511l1:W"d!IIlY might pok<< g/ll1llles in which he regWMEy mlllkes more money I1wr. he d!oes fishing. Ql. What is your favorite feature of the Tamiami Trail? Canal, lifeline to town (Everglades City) A. Q2. What makes the Tamia!!,~ Trail unique? CORRIDOR MANAGEMENT PLAN0 <) Sed-ion 6 A. The setting/history. Pre-road to today. Q3. Describe your most rnElTIorable experience on the TnJ.il? A. Avoiding accidents with tourists. The birds Q4. A. Q5. A. Q6. A. What do yw ['ell your friends and family visiting from out of town about the Trail? Drive safely. How often do you use the Tamiami Trail? 2-3 times per week V\'hat would you change about the Trail? Keep it as it is. No more development/ alterations. Protect the environment. New paving bumps on the south side of the roadway are dangerous. Spiritual decisions. Visitor #2 -lEd and Joarme This ooUIJple is the bmder IOf the "Wayside fuJro", a rombi1lllllftJilOJ1! Bed and BrewlllSt, cafe and OUIJtd!ooJr gealf shop. They B!re 00th in their late 30's. jOJmJIle is a write!' Ill1ldl relecommutes ro Iliear office in North MIiami. They Mve oWJ1!ed this TooisinesSl for 4, JrearrSl Illnd Illre 1I1nIll1lIy fuming a profit A. Q1. What is your favorite feature of the Tamiami Trail? Port of the Islands Resort, canoe access / tours, etc. Q2. A. What makes the Tamiami Trail unique? Seeing Indiar,s, riding airboats, the history Q3. Describe your most memorable experience on the Trail? Q4. What do you tell your friends and family visiting from out of town about the Trail? No where else on the planet like it. Escape to natural environment. Special cultural aspects - indian camps, trail areas, facilities, bicycling A. Q5. A. How often do you use the Tamiami Trail? Freq,uently OTAMIAMI TRAil SCENIC HIGHWAY Q6. , -<'-. , 1trH. ,A 1 8 -V\1hat would you change abov(- the Trail? IVlore canoe accesspoiIlts, rest stops, information, bathroorns. No ugly fences. Balance tourism and conservation. Visitor #3 - n,e MclGnnon flm'j]y This fllmily of foW' is wisil:ing Fllorid/a for rJL'"ee weeks from their home in Sootland. Their mission is to see the Rellll Fllorida mear spending five days at Wllllt Dianey World, GarodllJ!'w BlII!d Univ~ 5rudlios. Q1. A. Q2. A. Q3. A. Q4. A. Q5. A. What is your favorite feature of the Tamiami Trail? Airboats, alligators What makes the Tamiami Trail unique? "Vastness", tropical appearance Describe your most memorable experience on the Trail? Alligators What do you tell your friends and family visiting from out of town about the Trail? Spend more time there. Go on a boat ride and picnic at HP Williams Park How often do you use the Tamiami Trail? Constantly during their stay; it was their first time using it. Q6. What would you change abeJUt the Trail? More restrooms, multilingual signs and metric signs Visitor #4 - Jay Jay is an airboat toW" operator for aIle of the llilI'gest airboat tolll'S in the Everglades. He is a graduate of Everglades Oly High School and is 26 yellJ!'5 old. He lives with his high school sweetheart Illlld plays in a band on weekends, Q1. What is your favorite feature of the Tamiami Trail? A. Natural environment, money to be made Q2. What makes the Tamiami Trail unique? A. Q3. A. (24. A. Q5. A. Q6. A. 161 Lack or De'!elopment Describe your most meIT<crabie experience on the Trail? GrovJlng up vv~th tradi\:ion.s Whai' do you tell YOUT friends and family visiting from out of tOl= about the Tra.il? Experiencing the real Florida, explore !t.e side roads How often do you use the Tamiami Trail? Everyday What would you change about the Trail? The way government does business. VisitM ItS - Eve1lyn Evelyn is a mowbm:lllimg hi Naples. She is sb.1:y- somemmg md is .from Grosse Pohll;. Mid!i.gm. She is .a> mmrber of ft1ne ConsenrmiC)l' mdl plmys hi m rem]s le21g'llle 3 fulmes .a> week. IEivellJl1li Ms freqj1l1.e!1lt visits from her:3 gnlWl1l dfIiIldren I!l1lldI 5 graarndclriJid/reIrn. Q1. l/\!hat is your fav01ite feature of the Tamiami Trail? Wildlife viewing with children. A. Q2. A. What makes the Tamiami Trail unique? The scenery - flora and fauna. Q3. DesClibe your most memorable experience on the Trail? Seeing 150 white pelicans in Fakahatchee Strand State Preserve. A. Q4. What do you tell your friends and family visiting from out of town about the Trail? Collier-Seminole State Park, History of the Road, Villages, Exhibits. Everglades City is a good destination, especially during the seafood festival. A. Q5. A How often do you use the Tamiami Trail? 2-3 times per year. Commu~ij ! Participal'ion Pro~ram Q6. A. What would you change about the Trail? More pullouts, new picnic areas, signage system/ informational brochure, milepost markers, audiotape tOUf, shopping guid'2, clear exotics, interpreti-Je exhibits, gas station. VisiJCOlf 11;6 - Roo Rob is iW EV6'gKmdles Oty CaaIl!lIDfss.ft.OI!f!ea?' Mdlm AcroWltamlt. He is l"Mlriedll!l1lldl is mcfive hi mll11!"Ch I!l1lldI civic .a>ctiT111fies. 'fJilis is bis fuost remu iOO ft1ne Of)' O,mmiss.ft.01!1!. He Ms 2 trem>ge dWldJrem Mdt eJJPjoJf$ goPiI!l1lldl mooi:. &l'nJng hi bis free Wr,~e. Q1. lI\hat is your favorite feature of the Tamiami Trail? A quick route to local services. A. Q2. A. What makes the Tamiami Trail unique? It's my lifeline. Q3. Describe your most memorable experience on the Trail? The Accident. A. 04. What do you tell your friends and family visiting from out of town about the Trail? Be carefu.l. Watch for tourists. The natural beauty. How oJ'ten do you use the Tamiami Trail? All the time. A. Q5. A. 06. A. What would you change about the Trail? Not much. It's my lifeline. Maintain relationship with Everglades City. VisttiOll" #1 - Ray R.8Jy is an enroI!1ed member of !he Miccowlree Tribe MdI llives hi .mn IIndian Village llX/!ted 00 ft1ne TaJmiaJmi T1I'ail. He is hi bis 4&, wad.s wi!h disZlbged! dfIiIld!ren" iWdI fmmdedl the Trib.a>1 bilinpaJlbi- roEtwraJ ed!lIJlCllfioE! program f01/' iihe ji".ficr:roSUlkee Tribe. Photography is ms favorite p/lSt lime. Q1. What is your favorite feature of the Tamiami Trail? Maintenance of the cultu..,ral heritage. A. CORRIDOR MANAGEMENT PWl0> o Sedion 6 Q2.vVhat- makes the Tami21Ti.i Trail unique? A. LO~N developI!lent, v..rildlife Q3. Describe your ITIOS(- memorabie expe:rience on the Trajj? lvlet my future ~v\rife along t.he Ioadvvay. A, (24. What do you tell your friends a.nd family visiting from cut of tOvm about the Trail? Driving is the best way to see the Everglades. A, Q5. How often do you use the Tamiami Trail? . No response given. Q6. What would you change about the Trail? A. More opportunities for safe viewing/swamp buggy rides. Visitor #8 - Tim, Wade and lFramk 11nese guys Me OEl Spring Break mom Appalacruan St:aJte College in North CaJrolilllu1J, They Me backpacking md Clmoe Qmllpmg from Fll1Jmingo to Ch01roloskee. They rll11l out oi beer 0l1l Day 2; they forgot insect repellent and bought a ca!J!1J from a local &nermm for $20. Q1. What is your favorite feal'ure of the Tamiami Trail? A. Gators, pristine environment, reconstructed historical gateway (arch) Q2. What makes the Tamiami Trail uruque? A. Flat and wet. Public/private operation. Map/brochure with all information in one place. Q3. Describe your most memorable experience on the Trail? A. Canoeing, overturning canoe because of, a snake, being rescued by beautiful women. Q4, What do you tell your friends and family visiting from out of town about the Trail? A. You've got to experience it! Q5. How_often do you use the Tamia.mi haiJ? o TAMIAMI TRAil SCENIC HIGH\I#..Y A. Its our fir12e, Ln\l J:a~ Q6. A. l,vnat vvouicl you change ::ibout the Trail? There should be mo",,' places to buy Deef and ins2ct repellent. VISIONS V\Torking in four groups, participants were given a pacl(~ge of '."lords and images to use to create a "vision" for the Tamiami Trail Scenic Highway. A representative from eo.ch group presented their collages to the overall group. The following visions illustrated below were created: - FI~I1ING ~ . ~~- ).. ~~$f'f;~Q_G '~-~ m;TO;i:y - ~ , ~"Q Ft;3Tt\l-"LS __"""'P"'<OUN"~ ; ~iS"'K~ 11~:D" "~j'~O J ~CENIC _,~""" -. 'Ir"s ~ . : "'E."R'.O", K 10,1 _ ";A. ",". IiING ~.' to-:. "t,'''' .' ~ 11t1i1 ~\~" , ':PARJCIN~ I ~ '1l0Anp.,.Ati"';-',," '~',~ ' t"~~I!P}"M~~~~~' . ~ i ~:. ~1JI'.'~-ia' .i-I""fto. ~ ,,co! ; ~~ ,.."".. '~I iJll.I:R.t.II..C,BiiI!I~ __ " I Workshop Nwr.ber Two 1e second Public Workshop was held on April 2, ;98 at the Rookery Bay National Estuarine Research eserve Headquarters that is located just south of the amiami Trail Scenic Highway. The purpose of this 'orkshop was to develop and prioritize an nprovements I enhancement program and a 'iarketing Strategy for the Tamiami Trail Scenic lighway. The workshop team included planning nd design consultants, Florida Department of 'ransportation staff, County staff, elected officials, epresentatives of various special interest groupS, lnd residents and business owners along the ~amiami Trail. Approximately 30 people attended his workshop; some participants did not sign in and Ire not represented in the list below. Communitvt'ar\IClparIOr. rroqram 0 1611f; "8- Maxine t\o~' ..t Ken Heatherington Wally Hibbard Jeff Ferry Da'lid Shealy Tom Barry Nancy Prine Mark Benedict Ben Nottingham Frank Mears Nathan Silva Mary Raulerson Egan Pamdpan\:s Tames l'Aorris Amy Taylor Bill O'N eill Ste'le Blount Rocky Coil,~ Frank Denninger Tim Howard Robert 'V'J arren Jeremy Battis Susan King Debbie Tower Rkk Dun lulie Scofield W\t1II:bhop AgE1lr\\da \ 1:30 - 2:00 pm \ 2:00 - 3:00 pm 3:00 - 4:00 pm 4:00 - 4:30 pm 4:30 - 5:00 pm 6:00 - 7:00 pm Introduction .Tamiami Trail Scenic Higlw'ay Designation Process .Schedule . Overview of February 26, 1998 Workshop Proposed Improvements . Review / Revise Proposed Improvements ., Prioritize Improvements Strategy Teams .Tamiami Trail Improvements I Enhancements . Marketing and Promotion Strategy Team Presentations Action Plan . Improvements / Enhancements . Marketing and Promotion e Funding Open House/Public Presentation CORRIDOR MANAGEMENT PLANZr o ~E:ctlon {) Improvement/EMaru:ement Progr= Based on the input received c:t the fiIst workshop, a list or potential irn.provements and enhancernents rOj: the Tan"liami Trail S::enic l-lighway was developed. Participants at the April wDrkshop used colored dots to vote and prioritize these improvements. The following is the prioritized list that was developed: 1. Exotics Removal/Vegetation Management 2. Pull-offs 3. Information Center 4. Wildlife Observation Enhance Bridges 5. Mile Markers Cultural/Historical Interpretive Signs 6. Entry Gateways Boardwalk Canoeing 7. Observation Tower 8. Promotional Brochure Fishing Hiking 9. Picnic Area Restroom Airboat/Tourboat Trailhead Wayside Rest Area Historical Museum Guardrail Replacement Bicycling Utilizing this list of prioritized improvements, one group developed a Preliminary Conceptual Master Plan Tamiami Trail Scenic Highway. This plan was included in the Master Plan Section of this Corridor Management Plan. MaJl"keting and Promotion While one strategy team was developing the Master Plan, the other strategy team developed the following Marketing and Promotion Plan: The T ami ami Trail tells a rich and colorful story of geography, man and nature. This story, like a Seminole legend or the call of a snowy egret is not well known by Florida's visitors and residents, and many people who live only a short distance away have never traveled the Tamiami Trail and experienced the remarkable beauty. ~TAMIAMI TRAIL SCENIC HIGHWAY m~J1m'~o___._ '0' - ~ Building Awareness The first step in a comprehensive promotion plan is to build awareness, including activities that lead to desire to visit an area or learn more about the natural history and people of the area. Members of the Corridor Advisory Group and the public discussed opportuni ties and techniques to promote awareness of the Scenic Highway. The following ideas and recommendations were agreed upon at that meeting. The Tamiami Trail Scenic Highway corridor has both outstanding and one-of-a kind characteristics that deserve greater awareness. Among those are: . Natural Beauty .EnvironInental Functions and Values .Cultural history of t>\e area, the native people and the historic building of the highway . Wildlife . Opportunities to experience a unique landscape from your car . Opportunities to get out of a vehicle and walk, canoe, take an airboat tour, etc. . Local businesses and amenities including Indian villages, campgrounds, food services, tour services, etc. Tll1'gel:ing Awareness Activities In the near future, it is conceivable that a family in Germany will investigate scenic highways on the Internet and plan their Florida vacation to include a day trip to tour the Tamiami Trail. In the immediate future, however, there appears to be a need to target activities locally. The following are groups and businesses that were identified in the public workshops as priority marketing 1argets: ~ommunilv pOr!ic!palion I-'ro~ram 0 Of this lise, the comprehensive m&p and the gateway visitor complex are the two t~chniques that would be most e!fecti ve and should be undertaken as soon 3S possible. ~ Collier, Lee ~.nd Dade County tourist related businesses (hotels, cravel agents, restaurants, rental car offices, vJ2lcome centers and chamber of cormnerce, airport, etc.) In addition to the availability of printed mat:rial, this campaign should be directed toward educating personnel in these businesses so that they will be able cO refer visitors to the Trail. . Local residents . Local media (television, radio, print) . Seasonal i'esidents . Local schools (children will be come aware and then encourage their parents to visit the area.) lP'mm~\ti.OO\aill1I'~q1JIes Several promotional techniques have been suggested, including the following: . A Speakers Bureau (most effectively directed toward the tourism business industry, local civic associations such as Rotary, special interest organizations such as local historical socie'des, Audubon chapters, etc.) . Printed Material, specifically an overall map that would show the location of all the amenities and attractions along the Tamiami Ti'ail. . Video tape promoting the Tamiami Trail (12- 20 minutes long) that could be distributed to libraries, schools, television stations, etc. . Festivals and Special Events-booths and printed material should be displayed at festivals and special events in the area. . Trade Shows . AudioTape or CD Tour that would enhance the views with cultural and environmental information about what travelers are seeing from their cars. . Visitor's TV Channel spots or specials . Internet/Web Page . Gateway /Visitor Complex, a jointly sponsored visitor center that would provide information about all the opportunities to enjoy the area, and not be limited to promotion of some but not all ameni ties in the area. lP'mentiiiill JP'ariLli\era The following were identified as potential partners to help promote or fund promotional activi'des for the Tamianci TriOil Scenic Highway: . National Park Service . Fish and Wildlife Service . State of Florida Department of Environmental Protection, Park Service . Florida Departrnent of Transporta'don . Collier County School District . Cities of Marco Island, Naples, Chokoloskee and Everglades City . Independent Miccosukke and Seminole . Private Businesses and Land owners along the corridor . Elected Officials . Economic Development Council . Chambers of Commerce . State of Florida Bureau of Histor-ic Preservation . South Florida Water Management District . Local Sports and Environmental Interest Groups Measuring JP'romoo!loo S1lll<OC~ The measurable indicators of a successful awareness promotion campaign could include more visitors, longer visitor stays, and more dollars spent in the area. CORRIDOR MANAGEMENT PLAN(9 o Section 6 3. Civic Meeftings 1611Al'" In addition to these v\Torkshops, members of the CAG speaker's bureau attended numeTOUS meetings 'Nith civic and co:rrliT~ul1ity organizations to provide information regarding the Tamiami Trail Scenic Highway. Following is a list of these meetings: Everglades Chamber of Commerce Historic Board Marco Island Chamber of Commerce Conservancy of Southwest Florida Native Plant Society Economic Development Council - Everglades Area Task Force League of Women Voters Tourist Development Council Visit Naples, Inc. d. Supporting Docmnental:ion All of the Letters of Support, Resolutions, Corridor Impression Surveys, and Newspaper Articles which support the Tamiami Trail Scenic Highway are in Appendix J. The following highlights a few key demonstrations of support. 4) TAMIAMI TRAIL SCfNIC HIGHWAY -. ~f6 1 (2:) f/ (79 - H ..... . C/~ C1.ear4. "a'{~A~q~BO'11, If-LL~?P1i-..~.? " .:; Ocrob~ ],6, 1996 ._~~ '.~. MI. Bill O'l'leil O~ eocnoor Ad,,'Oca~ Group 2500 N. HOl'Seshoe Drive N$J?ies, Florida 34104 D~ W.;r: O'Neil; . . RE: Letter of Support for Tmliari Trail Scenic HighWay Desipoo . On be!ulfofo",u-1300 memhers, the Boaro ofDircctors aithe Collier Couoty AudubOn Society mshes to add aUI support to YOW' e.ff'orts to have the T.m;~n'l; Trail designated as. a Florida Scenic'Eighway. . . . . 'The 1\lalicll2'1 }WOuoon Society was formed as a result cftlW need to protect and preserve' the everglades ecosystem and its Wl1dlife. OW' local chapter has bee:ri involv-ed, for over' 30 years mcomenrllltion issues in South Florida. Tnerefore; we appreciate the ~uty and ... importance of the birds illld animals within the Big Cypress MId Everglades.ecosystemS. , POll" yean, we have offered field trips to various spois along the T'mj~mi rial! \'iihere .. birdfug md 'm!.dlife yi~ sre readily aYailable. The vistas from the bighv.-ay can be.' spects.ClIlsr. Umortttnate!y. there baye been few opportunities to eduze the driving . public about the "mue ofiliese wetlmds. We are glad to know that designation:u a Florida Scenio Highway will provide us -with the opportucity to educate ihe publlc ill>out the ;roIue of~lWlds. .' Slooerely, ~ - . .' chris SU<i.lDil\ . Freside!l\t e7- ,"'''' W~"""""';''''' "I '?6,J,r,( Sf!a:p, ~<4"~ amd ~~.-aL .M'.-,,~ CORRIDOR MANAGEMENT PLAN ~ SOUTH [-li\~ \~ " ,':",-/'i;;T';~:'_' S )M"j;{,~~{~,' T FLORIDA LAND PRESERVATION TRUST. . <; ....,.IC....IlUII V P.O. Eex 2721 p.Jat:lss. Ficrida 33839 313-537-1CG1 o (6 11A 11 8 William R. O'Neill, Chairman Tamiami Trail Corridor Advocacy Group c/o Collier COlli"1.ty M.P.O. 2800 N, Horseshoe Dr. Naples, FL 34104 April 8, 1998 Dear Mr. O'Neill: The Board of Directors of the Southwest Florida Land Preservation Trust, Inc. wholeheanedly supports the designation of the T amiami Tr-a.il as a Florida Scenic Highway. Our mission, and that of your group, are similar in Out wish to preserve our region's natural beauty and heritage. The Trust acknowleges the' enevitability of growth in Out area, however our goal is to ensure that we maintai.."1. our beautiful. character as we grow. To that end, the' designation of the East Trail as a. scenic highway will provide a. corridor of historical significance and access to environmental preservation that will educate our citizens and visitors. This education and exposure to Out past as well as to Collier County's natuaral amentities will further that goal. Sinr!;;/ ..' :Zi7~:: R. Sc~on, President <V TAMIAMI TRAil SCENIC HIGHWAY CORRIDOR MIANA~"T PL.o\N Submitted bD: Florida Department of Transportation District One Somic Highways Coordinator P.o. Box 1249 ~artGW, Florida 331331-1249 Submitted by: The Tamiami Trail Scenic Highway CAG William R. O'Neill, Chairman c/o Naples (Collier Cmmty) Ml'O 2800 North Horseshoe Drive Naples, Florida 34104 16 Prepared by: Qamng Jackson Kercher Anglin Lopez Rinehart, me. Community Planners 33 East Pine Street Orlando, Florida 32801 August 1998 A f'l 1 fO o Acknowledc:eTilents .. " ~ The Tamiami Trail Scenic Highway Corridor AdvocaC'j GrDUPS gives special a.cknowledgement to Robert VI arren who has been the inspiration for t\1is project. 11fT. Wacrel1 has spent :most of his life near th:= Trail and lG1.CVvS the Evergla.des as few of us do. Long befol"e the for:rnation of the Corridor P...dvocacy GroEp, lvir. V\Tarren had spent many years working to\^lard designating the Tamiami Trail as a scenic rughway so that others could gain a deeper appreciation of its extraordinary scenic value and historic significance. Mr. Warren continues to'Nork toward bis dream and the Corridor Advoci!.cy Group is grateful for his support. Thank you, Mr. Warren, for blazing the trail toward a Florida Scenic Highway designation. Grateful acknowledgement is given to members of the following subcommittees for their contribution in the development of trus application: Promotions and Tourism Subcommittee Community Outreach Subcommittee Government and Business Outreach Subcommittee Corridor Management EnTIty Subcommittee Special thanks also go to the people who participated in the Public Workshops; your comments and ideas were invaluable. A sincere Thank You to Clyde and Nikki Butcher from the Big Cypress Gallery for generously donating photograpruc artwork to i1~clude in this document. o TAMIAMI TRAIL SCENIC HIGHWAY COmuDOR M\ANAGEMOSNr PLAN Sllbmitted to: Fllorida Deparrtment IOf TrmllSJP'iOrtatitlOl1!. lDislrld: One Somi", Highways Coominatt~ lP .0. Box 1249 Emil",", Flari<dla 33831-12:49. Submitted by: The Tamiemi TFail Scenic Highway CAG William R. O'Neill, Chairman "'/0 Naples (Cllllier CllWlty} MlP'O 2800 North HorsesJnoe Drive Nmples, Flmida 34104 Prepared by: Qmtting Jackson Kercher AngIIin Lopez Rinelrlart, me. Community lP1ann.en 33 East Pine SlIlreet Oll'lamdiO, lFllorida 321*)1 Augu..<t 1998 16' 1 .A \18 ."- "-~- ." "~ .--.-.'- -~_,.,;o-==- ,,-CTilrTK1r:.!r\' ;~1fI09':..:!IIUl i r-ruv.1 UI..!...!.. 1 ~6 1M '18 ~=: e, rH~J::I~ CI',:3 UTI. :)j: Le ~?: :g:n'e ~7.:~/'tTC) -<,...-(~. -2 :~~~ ,}teTS ,~ ~-: ~ '.:J"L T-andami Trail Corridor Ad-vocacy Group William R. O'Neill, Chairrran co IIm'j Taylor collier County Government Center 2800 N. Horseshoe Dri,~, Naples, Florida 34104 Verch 9, 1998 Dear Mr. O'Neill, On behalf of the mc-IDbers of the League of Women voters of Collier County, I would like to eA~ress our enthusiastic endorSement of plans to have the southeast Tamiami Trail designated a Florida Scenic Highway. conservation and wise management of natural resources are reflected in a 'nllmber of long 'held League positions. The UJ."1.ique scenery and beauty of the Trail make this corridor well qualified for special designation. Creating opportllnities for travelers to learn about and enjoy the many natural wonders of the area is an excellent idea. The League wishes the Corridor Advoca0j Group every success. Sincerely, Yt<i: OM-i. Pat Clark, President 660 9th Street N., Suite 35B . Naples, Florida 34102 . Phone (941) 263-4656 . Fa." (941) 263-4656 CORRIDOR MANAGEMENT PLAN 35 16 U-l\ 11 ~nGTiOn Criteria 0 12 eft sf th~ fsllo;i.ring Ci":.tc:1.-;z.. -".]2'-"'2 '7_"2"\.rccusly .( 1do.r~.-s.s~d L1.:~---""2 2E.t~:~i'cY J-<FpliC3.D.0i1 fOi' the . I ~Tili-niaml Trml jeer'll:: hlgh\Nay. 'll. Universall Gi~a in "'pplka:dilu UmveJl'S.3ll Crimm No, L..... Rescurce(s) must be visible [yom the roadway. The Tamiami Trail Conceptual Master Plan documen,s the Trait's intrinsic !~esources and their ~.elaricr.ship to the roadway. The Field hwen,OL)' (Appendix J) details which resources are visible from the Trail. Other gr3.phical support document3.tion include the Ta-."1-uacm Trail Video and Slide Presentation. The Video, in particular, graphically depicts what resources are adjacer,-, to the Trail. Documented. inb.i.nsic resources not visible [rom the Trail include some of the recreational resources, This does not in any way detract (Tom the s=-uc corridor, however. Ir:l1provemep~ts to in.ronnational signage would be helpful for the traveler to identify acc.ess to these resow."ces. The Corcidor impressions Survey identified that exotic pia.'l.ts were bloding scenic vistas in a few small areas. For exotic plants on public lands this problem is temporary. The parks would eventually remove exotic plants thmugh Lh.eir exotic control programs. Umvasaill Oritlerim No.2. . .. . .. The corridor must "tell a story" that relates to its intrinsic resource(s). The Corridor Story for the Tami.aim Trail Scenic Highway is included in Section 3 or this plail.. All six intrinsic resources are featured in this presentation. The "Trail" Story was presented to groups interested in the designation or the Tamiami Trail as a Florida Scenic Highway. Additional methods for sharing the Trail Story to travelers may be tl1rough a transportation museum at Monroe Station, informational kiosks illong the roadside, "trip ticket" maps and informational broc.>,ures and audio tapes. Umvasaill Oritleriat No. 31.. ..... The roadway must be a public road that safely accommodates two-wheel drive automobiles. The roadway is a federal highway designated as U.s 41. Refer to Roadway (ROW Description in Section 8 of tl-us Corridor Management Plan. Umvasaill C'rllerim No. 4\.... . .. The corridor must exhibit sigI',ificant, exceptional and dislinctive reatures of the region it traverses. Significant: The scenic corridor travels through an area desiQ:nated as an Area of Crilical State Concem because " or the enormous value or its natural resources (See Protection Tecbniques in Section 8 of ~his eMP). Exceptional: Photographs tl1roughout this Plan and tlle Tamiami Trail Slide Presentation and Video clearly demonsb.'ate the outstanding quality of thz resources along the corridor. Distinctive: The Trail's natural i'esources are "- striking representation or the Everglades region. The 'frai.l also tells a unique story of the history, culture and development of tlle surrounding commurrities. Evidence of early inhabitants of the region, the Calusa Indians, as well as, modem Indian Villages can be found near the Trail. The construction of the Trail was critical in the development or surrounding pioneer era commurities. Refer to the Tamiami Trail Slide Presentation, Field Inventories and Conceptual Master Plan for documentation. CORRIDOR MANAGEMENT PLAN~ o c;edk,p 7 Uf1.iversal Criteria No. 5....... The roadway must be at least one r:J!e in length and if appropriate, provide access to t.'ce resource(s). The road~01ay is approximately fifty miles in length. Refer to the Figure in Section 1 for Corridor limits. Umversal Criteria. No.6....... A majority of the corridor must exhibit the qualifying resource(s). These resDurce(s) should be as continuous as possible, for the present and future. The Conceptual Master Plan provides a graphic depiction of the corridors resources and illustrate that the resources are continuous. The existing resources vl1ithin park boundaries have significant protections and will be protected for future generations to enjoy (See PrDtection TechrJques ). A pictorial and na..-rative description of the features the traveler wDuld encounter along the Trail is provided in the Slide Presentation. The video highlights the Dutstanding scenic qualities Df the Trail. Umversal Criteria No.7....... A Corridor Advocacy Group (CAG) must be organized... The Corridor Advocacy Group was formed on April 2, 1996. The CAG submitted their letter of intent to the Florida Department of Transportation on August 6, 1996. The function of the COl1.1dor Advocacy Group(CAG) was to document the resources located along the Trail, to obtain Eligibility from the Florida Department of Transportation, and to conduct an active Community Participation Program. The details of the CDmmunity Participation Program was outlined previously in Chapter 6. Corridor Advocacy GrDup Operating Rules and Procedures 1. Committee Membership records consisted of an official roster of names, addresses and phone numbers consisting of: a) the "Charter" committee (core group) members listed as either i) individuals with or without an alternate; or ~TAMIAM\ TRAIL SCENIC HIGHWAY 16 J 1 A 7 """", F< :-.-' r ~ ........)J~ ..' ~1+> r /~~r\I,r. "1'td~~: ~_~.i, ~Il I / 'h. .j itiLl"" :JI. ,; " ". -..t~!"" "~'_'-~'~,!fi,ii' _-~~ ;'::.':c-.:1;1;.~~. IEM-.~ -~ti' f:_.;t?'~ ,I. .~ r.d?~~ a.~Jl~.~~-J0-A~~ll. . , -,' ,XA~~'.I ~.T-'~ / " ~~~:r- ;k:"r~-- r' / \ ""~";,^i ~:::- \ " '- / / ii) governmental agencies; or iii) non-governmental organizations b) additional members added from time to time by a majority vote of the committee 2. A quorum will constitute the number of members greater than 30% of the number Df voting members on the roster. A quorum of members must be present fDr any official action to be taken. In the absence of a quorum at any regularly scheduled meeting, the CAG mal' meet, at the Chairman's discretion, to discuss as informational items, any scheduled agenda item(s), but shall nDt be authorized to take any action on such item(s). 3. Chairman and Vice-chairman will be elected at the CAG organizational meeting, and will serve for 12 months. The Chairman and Vice- Chairman mal' serve more than one term. 4. Meeting Schedule - Meetings of the CAG mal' be regularly scheduled meetings and! or mal' be called by the Chairman or by 2 or more CAG members. 5. Meetings are open to public. The public should be encouraged to attend CAG meetings and should be provided with an opportunity to speak on any item being discussed. 6. Meetings will be tape recorded and summary minutes will be prepared. 7. Agendas will be prepared and distributed one week prior to the meeting - copies will be provided to the media and the CAG's mailing list. 8. Meeting notice to the members and the media will generally be provided at least two weeks priDr to a meeting. , , _161 L~18 9. A--tt=:ndanc2 - 2 consecutive UD'2xcused abS2.!l1C25 lNiE 1J.z C3.1:S2 for f2iTIoval from ~he ffi'2mb2rshlp roster, subject to a majority com.mittee vote 10. Items ,or CAG agenuiIS m~y submitted by s~aff or any memoet of the CAG or public at least 10 days prior to a scheduled meeting date. a) members may also add items to the agenda at the beginning of the meeting, subject to approval by the committee members present 11. Th~ Operating Rules and Procedures will be adopted by the CAG, and may be amended from time to time as needed by a majority vote of the members present. List of CAG Members and Subcommittees See CAC List in the front portion of this Plan. Ulr'iversa1 CriteriSi N\). 8. . .. . .. A Community Participation Program (CPP) must be developed and implemented. The details of the Community Participation Program are outlined in Chapter 6. n. EXPECTED ourCOMES A. Support letters B. Results of questionnaires collected at public meeting #2. C. Results of opinion surveys available at area parks and the local newspapers D. Resolutions from local governments supporting designation E. Partnering - Identification of potential partners and making them aware of the program and the benefits of being involved. F. Marketing Strategy including possibility of pamphlets and trip tickets on the Scenic Highway sponsored by the various groups such as the Eco-Coalition. UniveJrSal Criteria N\). 9. .., ... Strong local support must be demonstrated. The idea for achieving some sort of scenic highway designation for the Tamiami Trail emerged long De5i~na,ion Cri,eri~ 0 befa~2 the !2sislature ~V2r: e.dopteCt 3. Scenic Eigl1way Prcgra-m, A pi"ivate cii.iz2:l., VIi". Robert 1.Narren, 1"':.2<5 bee:> spearhe,ding this effort for many years, seeking sUPFort ttom public "fficials and the public- ger:erally. This is a ca~npaign with deep grass tc::::>(s. The Governor's Commission for a Sustainable South Florida included scenic highway desig:nation for the Trail as part of its objectives in 1995 and has been supportive of the process. An update report was made to the Governor's Commission on February 26, 1997 and continued support for the process was expressed. A broad-based citizens group tocusing on economic development En the Everglades City area, and sponsored by the Collier Coun.ty Economic Development Council, inciuded procuring scenic highway designation as one of its long-term objectives in A Blueprint for Civic Action dated April, 1993. The Blueprint was presented to and accepted by local bodies including the Everglades City Council and the Board of County Commissioners of Collier County, as well as the Economic Development Council of Collier County, the Everglades Area Chamber of Commerce and other interested civic groups and individuals. Shortly after the Scenic Highway Program was approved by the legislature, the Collier County Metropolitan Planning Organization (MPO) was approached to provide support which they did. The MFO has been involved in this project, and continues to be supportive, providing the necessary staffing to keep the project on track and endorsing a draft of the Eligibility Application on May 23, 1997. Virtually every public agency affected by the proposed designation is represented on the Corridor Advocacy Group, as well as private persons from the immediately surrounding area and areas more far afield. The Naples (Collier County) Metropolitan Planning Organization, made up of all five County Commissioners and two City of Naples Council CORRIDOR MANAGEMEN1 PLAN~ o Se60fl 7 L ., persons, p:."avides staf~ support to ~D_e grG'Jp 3.flCt r"las b~en kept 3.ppdsed. th.'c'Gughout the p:."oc~ss. CAG :meehngs were aiways open to the pubLic. They vvere held in various locations in the County to involve as many interested persons as possible. Stakeholders identified in the beginning or 6e process and requesting to remain on the CAG mailing list, even if they did not choose to become members or the CAG, were notified of these meetings. Every genenl CAC meeting included opportunities for members of the public to ask questions and state concerns. The Naples Daily News has expressed its support for the process in an editorial. The process is not without opposition. Some me~bers of the Everglades City area, in particular, have expressed concern that Scenic Highway designation will inevitably lead to lowering of the speed limit or otherwise interfering wi th the commercial utility of the corridor. Because of these concerns, it was felt that, rather tha..'1 seek formal support from public or private agencies for the Scef"ic Highway designation at the Eligibility phase, the CAC would seek to develop a Corridor ~,Ilanagement Plan which addresses as many as possible of the expressed concerns in a concrete way, being sure to involve as broad a cross-section as possible in the Community Participation Plan. We believe this is consistent with the methodology outlined by the Florida Department of Transportation for achieving designation, and is best calculated both to garner public support and to present the overall plan fully, fairly and persuasively to the affected persons and entities. Numerous letters of support, resolutions, and newspaper articles have been written in support of the Tamimai Trail Scenic Highway. A copy of ,each of these can be found in Appendix J. ~TAMIAMI TRAil SCENIC HIGHWAY 1611 18 "' 'L.,'~l .- '"""'"<; ;1 .' 11 ,.-", ~-.,.;. Umvers.M Criteria No. 10 ..... A Corridor Management Plan (CMP) must be developed with the endorsement of local govermnent(s). A Corridor Management Plan has been drafted and received the endorsement of the Collier County MPO. b. Resource Specific Criteria Historic, An:heological/lIldl Cwwral The historic, cultural and archeological resources along the Tamiami Trail scenic corridor represent important periods in Florida history and serve to educate vi.e'l\.!ers while providing an appreciation for the past. The Research, Field Inventory and Graphic Depiction Sections of this application document a number of historic sites aiong the Trail that tell unique Florida stories. One story has its origins in the distant past, beginning with the region's first inhabitants, the Calusas, to the Miccosukee Indians who live along the Trail today. The other story is of Florida's early pioneer era and the completion of the Tamiami Trail. The construction of the Trail marked the end of the pioneer period in Southwest Florida and was responsible for the early development of towns and industries in Collier County. Some highlights are the restored Bay City Walking Dredge. This piece of equipment was used to dredge and build the Trail at the same time. It is located along the Trail at the Collier-Seminole State Park and is on the National Register for Historic structures. ~' C.-::~:,jfI2h=:JJ C:iteria ~~'1:::r:: :,1"'': ';1 ilL'.Dc.,::r S'I lndia.ll -lilhg25 abrl,S -:hr.':' T~"2Jii th2:': ~X;:;C::33 dl.2 ;:"-':<liti~)ns, '/;;ll1..~es :lcd cuSt~;~-llS ,)i d,!: ~'!Ii=:'::::::-.'SlJ_l(':e Tribe. ~rl6L:u.l Crafts:1L': h<:.,.ndn:?lj':.:1.nc~ sold at ',oeal '/iUag'2s and [1.1::. traditicJil.al:::hick.=-':' hL~ts are visible rrOiTl t:le scenic corridor. There are a nunlber of lrtdian lTtOunds along the Trail that are not evident to the trav2ler of the corridor. Also the remains of the Stone Archway that crossed the Trail at the Dade County line are adjacent to the Trail. but not visible from the Trail. These and other sites are well documented and can be researched so that the traveler can experience these resources through interpretive facilities. 16\1 ,/'.,.'''! 8 ~.\ 1.," Natural, Scenic, and Recreational The natural, scenic and recreational resources along the Trail are well documented in the Research, Field Inventory and Graphic Depiction Sections of this Corridor Management Plan. The natural envirorunents within park boundaries are assured protection for future generations to appreciate, The natural systems are fully visible to the traveler and represent South Florida Everglades ecosystems of Saw grass, Tropical Hardwood Hammocks, Mangroves, Salhnarshes, and Cypress Strands, The scenic resources are unrivaled anywhere in the world and are an attraction unto themselves. Recreational opportunities along the Trail are abundant and directly relate to the natural environment adjacent to the Trail. For example, swamp buggy and airboat rides are tremendous ways to see the interior of the natural envirorunent. They also represent the lifestyle and culture of the independent folks who have settled in the area's small towns and villages, CORRIDOR N-ANAGfMENT PLAN ~ )> 16 1 1 \ A ~ 1 8roredion 1 echniaues 0 <1?~. he reSOEl"CeS visible from the Tamio.mi ::c"ail \' Scenic Highvvay are afforded '.2xtensive protection through the Collier County Growth Management Plan and-Qt-her existing regulations and policies of Collier County Government, Florida Department of Community Affairs, and the State and National Park services as described below. m. Pubik Lomds The management policies, regulations, laws and strategies for the agencies that administer the public land areas along the Scenic Highway will continue to be in effect. The Scenic Highway will not be a new refuge, park, or preserve, but, will be managed as part of the existing refuge, parks and preserves, Collierr Cooney Ninety percent of the land adjacent to the proposed scenic highway, east of Collier-Seminole State Park, is within the Big Cypress Area of Critical State Concern as displayed on the Future Land Use Map (Figure 2) and adopted as part of the Collier County Growth Management Plan. This area was established by the 1974 Florida Legislature and all development within the area must comply with Chapter 27F-3 of the Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" or Collier County R~gula\ions, whichever are more restrictive. The Port of the Islands development is located in this area, and is also adjacent to the Trail. A portion of the development was determined as "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Other local agencies providing protection of resources along the corridor are the following: <Collier CoWl'i\ty Sheriffs OfIIice and Ronda lHfiglmwmy lP'mlroll: These agencies have primary law enforcement authority on US 41. The Sheriff's Office maintains a sub-station at the intersection of US 41 and State Road 29, omopee FiR Coottol Dismct: This agency has primary structural and traffic accident related fire and hazardous material spill response along the highway, The National Park Service and the State Forestry Division have mutual aid agreements with the district and will respond to requests for assistance in fire suppression incidents along the corridor. &l1\elrgern:y Meditml Selrvices, Collier County EMS maintains a station in Everglades City. The OchopcE Fire Control District station in Ochopee provices related services. Approximately eighty percent of the lands adjacent to the proposed Tamiami Trail Scenic Highway are publicly owned. Regulations and policies of state agencies and those of the State and National parks provide additional protections to the scenic corridor's resources, Rondm Gml1\e omd Freshwm~er Fish COIDllmi.ssilolIl. The Game Commission controls hunting and fishing on both public and private lands. It sets the hunting seasons and provides enforcement for game laws, The Game Commission also controls all terrain vehicle (A TV) use on state lands, and enforces trespass laws. 50uID Ronda W ater Mamatgemm~ Disma The District is responsible for permitting for water management activities for all of South Florida, It conducts permitting review in conjunction with the Army Corps of Engineers. Collier-Seminole State Padt The florida Department of Environmental Protection Division of Recreation and Parks has numerous policies, standards and regulations to afford protection to the resources of state parks, while at the same time providing aceess to visitors, All plant and animal life is protected in state parks. State laws and regulations that protect the state's natural resources, including those of the Florida Park system, are in effect along the proposed scenic corridor. Additionally, Collier-Seminole State Park maintains regular patrols along all park boundaries including the park boundary along U.s, 41. Pka}'1Jlfie SlJrma State Forest The Florida Division of Forestry is the sole land manager for the Picayune Strand State Forest, This Forest includes south Golden Gate Estates. In addition, lands purchased by the state within the Belle Meade Conservation and Recreation Lands (CARL) project are being added to Picayune Strand State Forest and will be managed the same way. These lands will be open to the public, and will have horse, bicycle, and hiking trails. Hunting and fishing are allowed. The Division of Forestry has primary responsibility for control of brushfires throughout the scenic highway corridor. While much of the South Florida ecosystem is dependent upon fire to control CORRIDOR MANAGEMENT PLAN0 o Sedion 8 invading brush, brushfires can cause serious dcma.ge if they occur in dry or '.>"indy ccnditi:ms. One tocl to prevent brusruires is prescribed burning under the Hawkins Bill_ The Division or Forestry can conduct prescribed bums <m lands that have multiple absentee landowners, in order to prevent devastating wildfires. All the public land managing agencles along the Trail, within their own boundaries utilizes prescribed burning. 'fm Thommd lisRmds Nati.omJl WiIl.<lllife Refuge The following are highlights of existing policies and regulations providing resource protection within the Ten Thousand Islands National Wildlife Refuge: Executive Order 12996, Management and General Public Use of the National Wildlife Refuge System, March 25, 1996 prescribes the Refuge System's purpose of preserving a national network of lands and waters for conservation of fish, wildlife, and plants of the United States for the benefit of present and future generations; identifies compatible wildlife-dependent recreational activities as priority uses of the system; outlines guiding principles for management of the System with habitat partnerships, and public involvement. . The Fish and Wildlife Service Manual (631 FW4), outlines policy to guide refuge planning, protection, and operation of national wildlife refuges on various administrative levels. Public Law 100-696 (AKA Arizona - JFlorida Land Exchange) outlined an exchange of land at the phoenix Indian School for 107,800 acres of land in Collier County and $34.9 million from corporations owned by the Collier family. Approximately 19,620 acres of land will be used to establish Ten Thousand Islands NvVR. The National Wildlife Refuge System Administration Act, implemented under Title 43 CFR 24.3, provides directives for management of refuges for protecting and conserving fish and wildlife including those threatened with extinction, those on wildlife ranges and waterfowl production areas. Service officials are authorized to permit by regulation the use of any refuge where such uses are compatible with the major purpose of the refuge. Other Policies and Regulations Executive Order 11990, Protection of Wetlands, May 24, 1977 orders federal agencies to avoid adverse impacts associated with new or improved development in wetlands, minimize destruction, loss, or degradation of wetlands and preserve wetlands and incorporate measures to ~ TAiVlIAMI TRAil SctNIC HIGHWAY 16 J lA 1 r.. ~ . minimize harm to wetlands. Migratory Bird Treaty Act, implemented under Title 50 CFR establishes a framework forthe protection and conservation of migratory birds; regulations govern all facets of harvest, use, and propagation of these wildlife. Marine Mammal Protection Act, implemented under the Title 50 CFR 18 prescribes protection for the manatee (and other marine mammals) by federal regulation. Bald Eagle Protection Act (16 USC 668-668d), implemented under Title 50 CFR 22 outlines protection regulations for the bald eagle (and golden eagle) by prohibiting the take, possession, and commerce of such birds. The endangered Species Act of 1973 (16 USC 1531-1544), implemented under Title 50 CFR 17, provides for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend through a variety of measures including enforcement of regulations which prohibit taking, possession, sale and transport of these species and acquisition of land to conserve these species. Archaeological Resources Protection Act (16 USC 470aa-47011) established protection provisions for unauthorized removal, or damage of archaeological resources from federal lands. Similar provisions are afforded under the Antiquities Act, which covers not only archaeological resources but also objects of antiquity on federal lands. Big Cypress National. Preserve The National Park Service (NPS) has a myriad of protection techniques that can be employed depending on the situation. The primary law governing how Big Cypress lands will be protected is Public law 93-440 (the Act) which describes specific activities which will be limited and l:-6-H. ~, 1 8 Prol'edion T echnicrues 0 controlled through the regulatory proc~ss. This law also limits printe property d.eve!opment in the ~reserve 2nd requires that private property .:lwners ccmply with all state aIia county ordinances. The NPS is allowed to acquire private property when a l",ndowner fails to comply with these rules and regulations. NPS rangers have law enforcement powers to regulate vi.sitor and resource protection activities on NPS land. The NPS is also responsible for all wildfire suppression and prescribed burning activities along the corridor. A primary management goal is to restore normal sheet flow and to remove fill material that may impede water flow. The NPS is also removing solid waste and removing abandoned structures along the corridor. Most of the Big Cypress National Preserve is a Type 1 Wildlife Managemer.t Area. The NPS and l'1orida Game and Freshwater Fish Commission (GFC) work in close cooperation to manage hunting activities. The GFC also has enforcement authority on these lands. \bJ. lP'ritvate Landis Protection techniques generally fall into two broad categories: nonregulatory and regulatory measures. Some nOIU"egulatory, or voluntary, measures that could practically be employed by the Corridor Management Entity include educational initiatives, interpretive tour guides, roadside pulloffs and interpretive signage, and design guidelines. V obmllMy lP'roi:ecti01!\\ Meuwres Educationalllmiiatives Educational initiatives include techniques that increase public awareness of the historic and scenic significance of the Tamiami Trail and the need to protect it. Through education, regulatory measures, such as land use and zoning controls, which are sometimes perceived as limiting to economic development and invasive of property rights, em be seen as necessary to protect a community's special character. llnlterprelive Tour Guide An interpretive tour guide graphically details layers of regional history and landscape characteristics to the traveling public. Through a series of maps, motorists can learn about thE: natural envircnm2n-t, the local culture, and historic eVBnts th.at have shaped the Tami2.mi Trail corridor into '"uhat it is today. - Roadside PWloffs and lfnterprel:ive Signage Roadside pulloffs and interpretive signage provide the traveling public with an opportunity to stop their vehicle and safely view significant landscape or historic features. Interpretive panels with text, photos, and sketches can be used to provide interesting information about the area. A design manual can foster greater cooperation bet'.'veen developers and regulators. It can also stimulate creative design solutions by presenting alternatives to the development community for enhancing and beautifying the Tamiami Trail Scenic Highway. Some other voluntary protection techniques that could be employed by Collier County include notification and recognition, incentive programs, designation, and land and easement acquisition. Notification and Reoogmlion Significant resources can often be protected by notifying a landowner about the location and importance of a resource on their property. A short letter and follow-up visit by the CME or Collier County may be enough to persuade the landowner to implement protective measures. Public recognition of a landowner and their significant CORRIDOR MANAGEMENT PlAN~ ", :::edt~:Jn E 16 , 1 ,t J-S pr8perty ''-'/ith a pl?qT~12 01' 3Y/ard is a good 'W3Y to inslill pfid2 2m:1 2f\.surl2 long-terlTt pr0tectic.n. Highway is ?tlr23.dy in pu1.Jlic J"\Tn~i-shipl n2ither-Of these r2,;ubt0ry techniqLl'2s is r2C0lTlIll2ndec ~t this nn12. L.l.ce:n:iiv-e ?rograrr:s Tax 2lbat21nerrt3 in the way of reduced property taxes have been widely used to encourage the preservation and enhancement of significant resources. Financial assistance through grants and loans is another effective type of incentive for resource protection. JviarlY landowners may be happy to participate in roadside conservation activities, such as planting trees or clearing nuisance vegetation to open up the scenic views, if they could be reimbursed for their expenses. Designation The designation of a road as a "Scenic Highway" is the official recognition of the significance of the intrinsic resources associated with the highway. Designation provides the greatest protection of resources within scenic corridors when combined with strong land use and zoning regulations that require new development and other activities to be compatible with the character of the corridor. Such land use and zoning regulations are currently in place within Collier County. Once the Tamiami Trail is designated a State Scenic Highway, the County and/or the Florida Department of Transportation may choose to pursue the National designation for further recognition and protection. iland and Easement Acquisition Collier County can directly protect land by purchasing property in fee simple or acquiring the development rights through a conservation easement. Land acquisition is the most certain and permanent form of landscape protection. Conservation land can also be purchased by the County and leased back to the previous owner or other entity subject to certain restrictions for management to protect significant resources. This arrangement provides for income to the County from the leasing arrangement and income to the land manager from agricultural or forests products or public access fees. Regulatory Protection Measures Regulatory protection techniques that could be employed by the County include transfer of development rights and corridor overlay zones. However, it is not the intent of the Scenic Highway Designation to be regulatory in nature. Because so much of the land along the Tamiami Trail Scenic /"- 9~ TAMIANJ TRAil SCENIC HIGHWAY IH. ~' . ~he FlOi:ida D2F,artrTI'2nt or TranSp0rtati811 h::LS .. CCrilE'litteQ i>~OO.,OOO of 211.h~i~CEri~2nt ~unds fer 2nha:c..'::2E1enrs/lmptQiTements aLJng [he Tamiami Trail Scenic Highway. These funds are included in their adopt~~Ncrk prcgnm for Fiscal Year 2002/2003. Funding/PTItn-~ring opportunities are being pursued by the FOOT with the South Florida Water Management District in relation to their hydrologic restoration/ culvert installation project on the Tarniami Trail. The Big Cypress National Preserve has been awarded $3.9 million for safety improvements along the section ot the Tamiami Trail that provides access to the Preserve. Funding/ paru,ering opportunities with this agency should be pursued by the CJ\iffi as well a list of potential funding sources can be found at the end of this section. The following were identified as potential partners to help promote or fund promotional activities for the Tamiami Trail Scenic Highway: National Park Service South Florida Water Management District U.s. Fish and Wildlife Service State of Florida Department of Environmental Protection, Park Service Florida Department of Transportation Collier Coun.ty School District Cities of Marco Island, Naples, Chokoloskee and Everglades Ci ty Independent Miccosukee and Seminole Private Businesses and Land owners along the corridor Elected Officials Economic Development Council Chambers of Commerce State of Florida Bureau of Historic Preservation Local Sports and Environmental Interest Croups &omolion The Tamiami Trail tells a rich and colorful story of geography, man and nature. This story, like a Seminole legend or the call of a snowy egret is not well known by Florida's visitors and residents, and many people who live only a short distance away "., ~ '1t ,"'> I UI1Ulll'< UIIU I I Ull1U;iUIIV' .. 1.# ha~ J~rer tra'/21ed the T~.rl1iarni Trail and 2~q:~'2ti2r.~2d tl"'.2 i"errExkable b22Vty. B~ding; A-vvareness The Erst step in a comprehensive promotiC1:~plan is to build awareness, including activities that lead to desir2 to 'visit an ,'!rea or learn more about the natural Pistory and people of the area. At a public meeting on April 2, 1998, members of the Corridor Advisory Croup and public discussed opportunities and techniques to promote awareness of the Scenic Highway. The following ideas and recommendations were agreed upon at that meeting. The Tamiami Trail Scenic Highway corridor has both outstanding and one-of-a kind characteristics that deserve greater awareness. Among those B,re: Natural Beauty Environmental Functions and Values Cultural history of the area, the native people and the historic building of the highway Wildlife Opportunities to experience a unique landscape from your car Opportunities to get out of a vehicle and walk, canoe, take an airboat tour, etc. Local businesses and ameniti.es including Indian villages, campgrounds, food services, tour services, etc. 'fargeling Awueness Activilies In the near future, it is conceivable that a family in Cermany will investigate scenic highways on the Internet and plan their Florida vacation to include a day trip to tour the Tamiami Trail. In the immediate future, however, there appears to be a need to target activities locally. The following are groups and businesses that were identified in the public workshops as priority marketing targets: Collier, Lee and Dade County tourist related businesses (hotels, travel agents, restaurants, rental car offices, welcome centers and chamber of commerce, airport, etc.) In addition to the availability of printed material, this campaign should be directed toward educating personnel in these businesses so that they 1Nill be able to CORRIDOR MANAGEMENT PLAN <iJ> r " 1""'1. _:::.e~cnon '7 (ef2T -'ll.;itors to tb2 Trail. ~-,C<-::31 t::sidents Li,>:al nl.'~dia (,:21'::-.Jisionr radio, print) 3''2:':3'::':L\31 t'2sid2nts- - ~ocal schools (childTen vvill ]]eCO:(112 3'/J2tT2 ~nd :-hen encourave "their Darents to visit the area.) ._" _ - 0 - - L Promotiona11'echniques Several prolTIotional techniques have been suggested, including the follo.wing: A Speal<.ers Bureau (most effectively directed to'vard tl"1e tourism business industi"Y, local civic associahons sllch as Rotary, special interest orP'"anizations such as local historical societies, '" Audubon chapters, etc.) Printed Material, specifically an overall map that would show the location of all the amenities and attractions along the Tamiami Trail. Video tape promoting the Tamiami Trail (12 - 20 minutes long) that could be distributed to libraries, schools, television stations, etc. Festivals and Special Events-booths and printed material should be displayed at festivals and special events in the area. Trade Shows AudioTape or CD Tour that would ,enhance the views 'Nith cultural and envirorunental information about what travelers are seeing from their cars. Visitor's TV Channel spots or specials - Internet/Web Page Gateway /Visitor Complex, a jointly sponsored visitor center that would provide information about all the opportunities to enjoy the area, and not be limited to promotion of some but not all amenities in the area. Of this list, the comprehensive map and the gateway visitor complex are the two techniques that would be most effective and should be undertaken as soon as possible. Potential Farmers The follo.wing were identified as potential partners (a help promote or fund promotional activities for the T211niarni Trail Scenic Highway: ~. 1 '1- fl. .LU J."~ 1. R '.L ;,-.,7" t.Jc\tiOClcd 2:,rk S{::l"fl::'2 '30tlCh florida 'V',f.::Lt::C l','~a:Clagen,",-::l.'.c 0is'cri:t CS. Fish 3.nc1 \\!ildlif'2 Service Stat? ')f -::l:";l'ida DE'IJartrr:.ent of Environnl.~nt21 Pro'cection, F,]rk Servic2 Florid2l_ Depart111ent of Tr3.nsportation Collier County School District Cities of Marco Island, Naples, Chokoloskee and Everglades Ci ty Independent rvEccosuke2 and Selninole Private Businesses and Land owners along the corridor Elected Officials Economic Dev<elopment Council Chambers of Connnerce State of Florida Bureau of Historic Preservation LOC3J Sports and Enviromnental Interest Groups Measuring Promotional Success The measurable indicators of a successful awareness promotion can'lpaign could include more visitors, longer 'Jisitor steys, e.nd more dollars spent in the area. '- .'3 TM\IAMI TRAil SCENIC HIGHWAY 1611 ,"' I' ..... ~.Etnciinq and Promotion 0 The fall owing list of other possible h.!!'ding somces and pre>motional ideRs d,escribes the Federal, State ~n.d Local i:~sources that can or '.^Jill be pursued by the Corridor Iv!anagem'2rrt Entity during the irnplementalion phZ'se of this project. Listed with these sources oIethe activities on which these funds may be spent and any matching requirements. 1F\DlldiU1g SO\Drce Acthrutne$ Arr~nc;nble M;ntcl1nllg Nonional xenic BVW::lYS Gnnt:=J I A:.) Phas2:s,{Alllmprovemems II 80110 matc.~iflg tlor,ida Hi!!hwJ.v Be.'1utifk,nion COUJ1,ClI G"J,nt PrOJ;r3nl II L.JJ:,.dsc7;c-~lmplOvernet')ts sOlsa mliHhine 'l,rr~r:maiotenaiK.'C II II II II II II 50150 AdoDt-A-Hi~y Pro~ I Citizen lnvch:'emem ) L ( tiistoric<Jl M:JseliOms Gr:ants-ln-AiJ II lH~S1e.r"ic/jj ~hl[)it:sis:i-g!'l3 ( '(o<lstal l"lana2:'Y.llent Grants Pro~ r-'Resc>u,ce f'r:Jtectia,n ( Flocida R~creal.:ion and D-eve"l@mem Assis,taf'l-cs Gr3.nt Pro~ r- R<o!.u.u:;'rioTI ( IDOT Work Pro~ r- S;'lP.b' ]miPPDl"ements ! OO~O match ) ) ) ) ) o - SDf5iJ man::J.l Nc.ne ~:.wltstrrll::-j,Orl ',:if Sp~r.jfjI: !mDrf)'li~emsl I None L- :fOO'T Enhaoc~ment Funds ( Partnership Opportunities rBi~ Cy,pTe-ss National Preserve) ( ( lOC31 Funding Saf&iI' :imprDVeme.'1ts II lmDrO'~'\"!me!'lts.:ifflh-anceme,nts II II II II Unknown South Hori.oa 'Water Manafement Distiin ) ) ) Private Donations L Fllndr;ai.ililY~ S~onsorshjps CORRIDOR MANAGEMENT PLAN:fiJ 1OT1 Relation5~,io to Comorehensive Pian 0 \17. hough the Corrid.ar Advocacy Group, a A 1 8 publici pJ:ivat:~ partner.ship has evolv=d. to "" ' ,?ffecti'fely cQsperate "vith the lo':al government ,(h2J is re~D5nsib12 for ine Collier County CCi.nprehensive ?lan. This Comprehensive Plan was adopted by the Board of County CommissioIlers on October 28, 1997, and found in compliance by the Department of Community Afhirs on December 24,1997. In the course of preparing this Corridor Management Plan, local comprehensive plan elements were reviewed for current or proposed transportation issues. This Corridor Management Plan has been developed to be consistent with, to the maximum extent feasible, the approved growth management plans of the participating local governments and the Southwest Flori.da Regional Policy Plan. The goals, objectives, and strategies contained in this plan are designed to assist local government and public interests by providing valuable resource data that can be utilized in the comprehensive planning process. In urbanized areas with populations greater than 5C,OOO, the primary responsibility for transportation planning is vested with Metropolitan Planning Organizations (MPO), which are comprised of local city and county elected officials. Annually, the Naples-Collier County MPO prepares a Unified Planning Work Program (UPWP) that describes in detail the tasks for the upcoming year for every public mode of transportation or public facility. A Transportation Improvement Plan (TIP) is also prepared annually that specifically allocates the budgeted funds for various projects. Both the UPWP and tne TIP contain work tasks associated with the development of the Tamiami Trail Scenic Highway. ~""""'II CORRIDOR MANAGEMENT PLAN@> 1.6.-Ll ~he following wet.e identifieo_ % potential " partners to help promote or fund promotim,al activities for the Tamiami Trail Scenic Highway: National Park Service South Florida Water Management District U.s. Fish and Wildlife Service State of Florida Department of Environmental Protection, Park Service Florida Department of Transportation Collier County School District Cities of Marco Island, Naples, Everglades City, and Chokoloskee Independent Miccosukee and Seminole Private Businesses and Land owners along the corridor Elected Officials Economic Development Council Chambers of Commerce State of Florida Bureau of Historic Preservation Local Sports and Environmental Interest Croups A Partnership Agreement will be drafted by the Corridor Management Entity. l8 Partnerships and Aqreements 0 I~~ - ~~'1! ":E-. = . ..1tl. ~.t:Z:... ri'~ , ~"~C-I'.l,L .,_o:~;JJ1 4~~'''-1I"'... ..... ~_. :--~ Y: ... ---I ~_, J.",,- c. ~ ',"'VU' ,..r,,.,,,,"."~'''''' _I -::t-., 0t~-~ _", ~_~',;.;:~.,~~,~~~,",t~;'1 i .n..'c ~,'~tl -oj ,,~: ",.'t- -c, ~ lo"....c... It} ",oU.".., "&,,,. ,'- .....t~;~~i~t~~i'~."- ,.":::.,,:...._~~ CORRIDOR MANAGEMENT PLAN~ ~ he Corridor Mane.gement Entity (CM3) WL se;.ve fS the carete.ker "f the scenic ccrridor by ens!-,ring that the Action Plan is executed and thc.t all corridor activities are monitcred and implemented according to the Corridor Management Plan. Pc :::orridor Management E"tity Agreement has been drafted and is outlined below. Once the :::orridor Mane.gement Plan hf.s been finalized, the CJ\ lE_ Agreement will be executed. Ccrrid::>r iA..~naqement Enlill AGREEMENT (this "Agreement") is entered into as of the day of, 1998 by and among the parties shown on the signature page hereto. DRAlFT (August 2.0, 1998) U.S. 41 SCENIC HJIGHWAY CORRIDOR MANAGlElVllENT AGREElV!lENT Recitals: (i) A portion of the Tamiami Trail, U.5. 41, has been designated as a "Florida Scenic Highway" (the "Scenic Highway") by the Florida Department of Transportation. (ii) The designation as a Florida Scenic Highway was achieved through application made by the U.S. 41 Scenic Highway Corridor Advocacy Group (the "CAG"). (iii) Prerequisites to designation as a Florida Scenic Highw~y were {a) preparation and submittal by the CAG of a Corridor Management Plan (the "Corridor Management PIa"") setting forth goals and visiDns for the Scenic Highway, as well as strategies to achiev-e such goals, and (b) institution of a "Corridor Management Entity" to facilitate and monitor accomplishment of those goals. (iv) The parties hereto desire to establish the Corridor Management Entity. (v) It is desired that the Corridor Management Entity should indude interested and affected di:izens, landowners, businesses, and public land managers within the area affected by the Scenic Highway. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. There is hereby created the us. 41 Scenic Highway Corridor Management Entity (the "CME"), which will initiate, coordinate, and monitor plans, strategies, programs and events for the improvement and enhancement of the Scemc Highway, taking into account the plans, visions, goals and strategies set forth in the Corridor Management Plan. 2. The CME shall be composed of the following: Three private citizens to represent users of and/ or landowners aloog or affected by the corridor (the "Citizen Members"). Two individuals representing businesses interests within the immediate area of the corridor (the "Business-at- Large Members"). One representative from each of the following (the "Entity Members"): The Collier County Board of Commissioners The City of Everglades City Florida Department of Transportation(FDOT) Naples/Collier County Metropolitan Planning Organization (MPO) Florida Department of Environmental Protection - State Parks (DEP) Ten Thousand Islands National Wildlife Refuge (USFWS) Big Cypress Basin - South Florida Water Management District (BCB) Big Cypress National Preserve (NPS) Collier County Economic Development Council (EDC) 3. Each Entity Member shall provide technical and/ or professional advice in the area of planning, engineering, architecture, economics and/ or environmental management as may be appropriate. 4. Each representative appointed by an Entity Member shall serve at the pleasure of the appointing authority. 5. The initial Citizen Members and Business-at-Large Members shall be appointed by the CAG. Citizen Members CORRIDOR MANAGEMENT PLAN~ o Sed-ion I 7 l61, ...j; An and Business-at-Large Members shaH serve two-year terms. Successors to the Citizen Members and Business- at-Large Members shan be selected by, and vacancies in such memberships shall be filled by, the CAG. In the event that the CAG ceases to exist, the CAG may appoint a successor entity to be responsible for selection-of such members. In the absence of such a successor entity, the successors to the Citizen Members and Business at Large Members shall be appointed by, or vacancies in such memberships shall be filled by, the other members of the CME. 6. The CME shall elect a Chair and Vice-Chair each to serve terms of two calendar years. The same person may succeed himself or herself in these positions. 7. The CME may adopt such bylaws and organizational rules as shall be necessary or appropriate for the organization and operation of the CMF:, consistent with the provisions hereof, including as appropriate provision for the fcrmation of "Action Committees," task forces or other committees, the election of other officers and retention of employees or independent contractors in the eME's discretion. 8. Staff reSources shall be provided by the Collier County Metropolitan Planning Organization, "bich shall keep and maintain all records of the CME. 9. Nothing contained herein shall constitute the adoption of the provisions of the Corridor Management Plan as a law, regulation or ordinance of any public body. Land management planning decisions, directions, budgeting and implementation of the public lands within the corridor are the responsibility of the individual public agencies. 10. This _-\greement lS a continuing contract and program to .ensure implementation and consistency in carrying out the goals and objectives of the Plan. However, any member entity may terminate its participation in the CME upon thirty (30) days written notice. The CME willtertninate when no party remains active. 11. This Agreement may be amended only with the written consent of all the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and vear fi<st written above. The Collier County Board of Commissioners By: Florida Department of Transportation (FOOT) By: Florida Department of Environmental Protection - State Parks By: Big Cypress Basin - South Florida Water Management District (BCB) By: Collier County Economic Development Council (EDC) By: <@lTAMIAMITRAILSctNICHIGHWAY The City of Everglades City By: Collier Metropolitan Planning Organization (MPO) By: Ten Thousand Island National Wildlife Refuge (USFWS) By: Big Cypress National Preserve (NPS) By: Tamiami Trail Scenic Highway Corridor Advocacy Group By: William R. O'Neill, Chairman 16ll ~h: Florid~ :c.enic ;-J:igh\A:~Ys Ptog~'~m !';Jissioi1 S[2temenr ;:,tat2s mal... The FlorlQa ::>ceruc Highways Pl"Dgr2~ will preserve, ITla.in(ain, pIoted and ennance the intrinsic resources Cj[ scenic corridors through a sustainable balance of conservation and land use. Through community- based consensus and partnerships, the program will promote economic prosperity and broaden the traveler's overall recreational and educational experience." The following goals, objectives, and strategies were developed based on input from members of the Corridor Advocacy Group and from attendees at public workshops held throughout the corridor eligibility and designation process: GOAL #1: To preserve, maintain and enhance the Tamiami Trail Scenic Highway's natural and scenic resources. Objective 1,1: Manage vegetation along the Scenic Highway in order to preserve, maintain and enhance the views. Vegetation management would include the selective removal of exotic and/ or native plant species. Strategy 1.1.1: Develop a comprehensive vegetation management plan among the following agencies: Florida Department of Transportation, Big Cypress NatIOnal Preserve, Collier-Seminole State Park, Ten Thousand Islands National Wildlife RefuO"e o ' Picayune Strand State Forest, and Fakahatchee Strand State Preserve. Focus these efforts on brazilian pepper and cabbage palms located adjacent to the Trail within the westernmost seven miles and mile number 26 through 27 and 31 through 32. Also focus cattail removal efforts in the area of mile 9 through10 and 12 through 15. Strategy 1.1.2: Open up some of the obstructed views along the scenic highway through selective vegetation clearing / management. Focus these efforts within the areas described in Strategy 1.1.1. Strategy 1.1.3: Coordinate with the US. Army Corps of Engmeers (USACOE) in relation to their Integrated Management Program and their ~; ".~ r'~ .1. Or:; 1 rll. ,. d 5 . ....:lOO.s, ,-",,)lecnv,es all IToreCll€.S <> =oc[din2t~d I\II2n3gemznt .?rOl2:ram for man,cO",.nO" . ...... ~ --'0 0 inv?-siv2 phnt species in high qt-~ality ar2as vlliLhin the South ;tlorida ecosystem. Exotic or nuisance vegetation removal within the waclway right-oi-way by roOT should be coordinated with removal by adjacent landowners. tJ VJ, Strategy 1.1.4: Provide information directly, or thwugh other land management agencies, to private property owners along the Scenic Highway regarding the importance of vegetation management and upcoming maintenance efforts. Objective 1,2: Ensure that design and construction along the Tamiami Trail Scenic Highway preserves, maintains and enhances the Scenic Highway's natural and scenic resources. Strategy 1.2.1: Coordinate with FDOT regarding replacement of the bridges along the Tamiami Trail Scenic Highway. As these bridges are replaced, consideration should be given to the design and construction so that they enhance the scenic nature of the corridor while maintaining their purpose. Strategy 1.2.2: Coordinate witl1 the Big Cypress National Preserve regarding design and construction of their safety improvements. Strategy 1.2.3: Coordinate with the USACOE regarding the Modified Water Deliveries to Everglades National Park project. Partnership opportunities for enhancements should be explored as well. Strategy 1.2.4: As the existing guardrail is replaced, it should be designed and constructed with a guardrail type that enhances, or, at a minimum, does not detract from the scenic beauty of the surrounding landscape. Strategy 1.2.5: As conveyance structures and modifications are implemented, these facilities should be constructed so that they will not detract from the scenic nature of the corridor while maintaining the purpose and intent of the water conveyance structures. Perhaps, through cooperative efforts, enhancements can be created while constructing additional structures. These could include scenic pullouts, informational displays, kiosks, observation areas, etc. CORRIDOR MANAGEMENT PLAN <i?> :~d;.c'n ] 3 5~-c;;(;:g..:: '.2.5: -'=>2'./?be ::~=sth::tic/ -:~:::si.g!1 gT}ic.::L.!.'"'::>s [0:( ;:l-l':' I';;,~-t~i;.IT1j Tc~jl Sc~ni: High"IJ'a.y ;:0 ~ssis~ ~~l:;:Ct~~::ct~~:C~~(;~~~':~'~j:.~~:che dcsign one] CJb-]e..;~~,-e 1J,: C00l"-:Enat2 ,,\,'ii:h at~le:c fed2i:lL Stc:J2 anclloc2-J a.gencies <Nhose projects inay effect the Talniami Trail Scenic High-way. Ev,=ry 2ffoJ:t should b12 nl.acle to com.-dinCl.t'2 and collaborate on these eHoi"ts, to peol i"2S0UrC2S and establish funding commitments to accomplish a higher quality OutCOlTl2 thaIl could be accomplished alone. Strategy 1.3.1: Participate in the South Everglades Restoration Alliance (SERA). The CAG may seek out SERA representation when forming their Corridor Management Entity as this group represents major restoration efforts in the South Florida Everglades. Strategy 1.3.2: Participate in meetings of the South Florida Ecosystem Restoration Working Group. This organization is comprised of Federal, State and Indian representatives and has the responsibility of prioritizing Everglades and South Florida restoration proposals for the U.s. Army Corps of Engineers (USACOE). Strategy 1.3.3: Coordinate with the u.s. Environmental Protection Agency (EP A) and the Florida Department of Environmental Protection (FDEP) regarding their comprehensive water quality strategy for the South Florida region and their comprehensive wetlands conservation, mitigation and permitting strategies. Strategy 1.3.4: Once the Florida Scenic Highway designation has been achieved, consider pursuing the National Scenic Highway Designation for the Tamiami Trail. Objective 1.4 Minimize environmental impacts. Strategy 1.4.1: Wherever possible, limit new construction in already impacted areas. GOAL #2: To preserve, maintain, and enhance the recreation resources provided at park lands and private commercial establishments along the Scenic Highway. Objective 2.1: Enhance the recreational opportunities along the Ta111iami Trail Scenic Highway. " 5;:1.",;J~g/. 2- -:._. -=:l:.h:u<.c:: -2"~;iSl:ii~g t::-,Z,cl2i-:l2 p~,-rks t:J ind1.l':~'~ :-Xr1.';:!:'j::ies 51..".::h ::i.S c<>?:.."c'.'/T31k3.-;.:,i.:nic ::.r'2,:'2, hi~(ji"~I.!tl-3il,s.. ~lT:c1 v..'i,I.-J]i.l:2Jcs'::t / z-,.b ')[1 :;'-[2213. ':::.,-~!;..~TI? .1 ). (-'oo'.,~lin:;:-,t2> \Mi'-j-, :=;nOT '-e(rrdi 10" '--'-~-'-'-'J.I _'..'_' - 1'-___,_.... ' L_l_'---" - 1 oCL_~lb l'2pI2:.:::e':.Tl-::1'.t:,f dy: bridges ~Jong the Tc1111i3.mi Trail Scenic Highway. Considercltion should be giv2n to the design ~nd construcliull so that they 2nh(LTlce the 1'ec1'e,,1:iona1 oFportunities (i.e. fishing and canoeing) of the con-ide! vl/hiIe 1112ir.taining their purpose. Strategy 2.1.3: Coordinate with the Big Cypress National Preserve regarding recreational opportunities associated with their safety / access improvelnents. Strategy 2.1.4: Develop a recreation guide which illustrates the various recreational opportunities along the Trail. Develop a mile-marker system to simplify locating these opportunities. Strategy 2.1.5: Develop a comprehensive strategy regarding the addition of bicycle lanes or paved outside shoulders along the scenic highway. Strategy 2.1.6: Construct observation decks to provide access to the most extraordinarily sC2nic views and wildlife observation opportunities. Strategy 2.1.7: Construct vehicle pulloffs along the scenic highway in the areas identified in the Conceptual Master Plan. GOAL #3: To preserve, maintain, and enhance the cultural and historic resources of the Trail relating to Collier County's heritage and the native American expenence. Objective 3.1: To enhance the understanding of the cultural and historical resources related to Collier County's heritage and the native American expenence. Strategy 3.1.1: Conduct an interpretive signage study to identify the location and content of interpretive signs along the scenic highway. This signage study should include archaeological, environmental, and cultural aspects of the area. Strategy 3.1.2: Construct information kiosks that explain the cultural and historical significance of this Scenic Highway. '. 1 O,'T.A"VlIAMJ TRAIL SCENIC HIGHWAY Strategy 3.1.3: Develop an audio tour of the Scenic Highway that emphasizes the culture and history of the area, including the native American culture and the hardships endured during the construction of the Trail. Strategy 3.1.4: Develop a brochure, including a mile marker and signage system that explains the historical and cultural sites to be experienced along the Trail. GOAL #4: To preserve and maintain the function of the roadway as a commercial corridor and major arterial while safely accommodating local traffic, as well as commercial and tourism travelers. Objective 4.1: Identify roadway improvements necessBry to promote ease of access into and within the corridor for vehicles, pedestrians, and bicyclists. Strategy 4.1.1: Provide safe pullouts and pulloffs along the Scenic Highway. Strategy 4.1.2: Develop a mile-marker and signage system and map that identifies safe access points. Strategy 4.1.3: Coordinate with the Big Cypress Basin Board, FDOT, and the Big Cypress National Preserve regarding maintenance of traffic and construction related to the Water Conveyance Structure Projects to ensure that the mission of mobility and safety is not diminished during structural changes to the roadway. Strategy 4.1.4: Continue periodic maintenance and replacement of the guardrail along the Scenic . Highway. Strategy 4.1.5: Monitor accident rates along the Tarniami Trail to identify future improvement needs. Strategy 4.1.6: Conduct regular traffic counts along the scenic highway to assess the levels of service and operation of the roadway as a commercial corridor. GOAL #5: To provide Collier County residents an opportunity to participate in the planning decisions for the Scenic Highway. Objective 5.1: Include residents in planning decisions for the Scenic Highway. 16 II h . n tlc:Jls, Objectives and Strate ies Strategy 5.1.1: Invite residents to be members of the Corridor Management Entity (CME). Strategy 5.1.2: Invite citizens to each of the CME meetings. Strategy 5.1.3: Update the Corridor Management Plan every 5 years; include a Citizen Participation Program associated wi th the updates. GOAL #6: To encourage support of the effort to preserve, maintain and enhance the Tamiami Trail Scenic Highway for the community. Objective 6.1: Gain support for the Tamiami Trail Scenic Highway. Strategy 6.1.1: Develop partnerships with other public and private entities. Strategy 6.1.2: Continue the speaker's bureau throughout the community to educate citizens regarding the benefits of the Scenic Highway. Strategy 6.1.3: Develop a Tamiami Trail website to promote this scenic highway. GOAL #7: To provide education opportunities for travelers that will explain the globally unique scenic and natural elements of the surrounding landscape. Objective 7.1: Educate travelers regarding the unique scenic and natural resources of the surrounding landscape. Strategy 7.1.1: Develop a Gateway (Visitor Complex that would be the clearinghouse for education materials of all kinds regarding the Tamiami Tr.ail Scenic Highway. This complex would house information regarding both public and priv.ate tourism-related opportunities. Strategy 7.1.2: Develop an educational brochure that explains the unique scenic and natural landscapes along the corridor. Strategy 7.1.3: Construct interpretive signs (based on the signage study) along the boardwalks and hiking paths to educate visitors about their surroundings. Strategy 7.1.4: Develop an identification guide of commonly-sighted wildlife along the Tamiami Trail. GOAL #8: To preserve for future generations a truly CORRIDOR MANAGEMENT PLAN~ , 0 Sedion 1 3 unique Amel'ican-style historic and Native American cultural heritage. Objective 8.1: To enhance the understanding of the cultUi-al and historical resources related to the American-style historic and the native American experience. Strategy 8.1.1: Prepare or obtain a study regarding the culture and history of the area. Strategy 8.1.2: Construct information kiosks that explain the cultural and historical significance of this Scenic Highway. Strategy 8.1.3: Develop an audio tour of the Scenic Highway that emphasizes the culture and history of the area, including the native American culture and the hardships endured during the consh'uction of the Trail. Strategy 8.1.4: Develop a brochure, including a mile marker and signage system that explains the historical and cultural sites to be experienced along the Trail. Strategy 8.1.5: Facilitate access to public Indian villages along the Tamiami Trail Scenic Highway using a mile marker and signage system. Strategy 8.1.6: Celebrate the culture and heritage of the area through local customs and festivals. Goal #9: To support the development and enhancement of a service industry near the Tarhiarni- Trail. Objective 9.1: Support the public/private service entities along the Scenic Highway. Strategy 9.1.1: Encourage privatization of businesses along the Tarniarni Trail Scenic Highway. Explore public/private partnerships with these businesses. Strategy 9.1.2: Develop a standardized joint (private / public) brochure to promote the serv\ces and amenities along the Trail. Goal #10: To support economic development, ecotourism and other recreational and commercial opportunities. Objective 10.1: Develop informational and promotional materials and distribute them to ~TAMIAMI TRAIL SCENIC HIGHWAY 1611 A70 appropriate public and private tourism and economic development agencies. tf h Sh"ategy 10.1.1: Develop a standardized joint (private/public) brochure to promote the services and anlenities along the Trail. Strategy 10.1.2: Coordinate with local and regional tourism-related business to distribute this promotional information. Strategy 10.1.3: Develop an internet webpage that promotes Tamiami Trail Scenic Highway. Link this web page to local, regional and state tourism-related websites. Objective 10.2: Coordinate promotional campaigns with businesses and tourism-related associations along the Scenic Highway. Strategy 10.2.1: Develop a series of promotional events related to the intrinsic resources that will promote awareness of the corridor and stimulate economic development. These promotional events could include things such as swamp buggy parades, Tamiarni Trail Scenic Highway Cleanup Day, Native American Cultural Festivals, a..'ld / or Bicycle Races. 1frt-l '1 ;1 Ii , , 18 Action Plan 0 <1>he Action Plan for the implementation phase of the Tamiami Trail Scenic Highway focuses on the immediate (Year 19')8 - 2003) tasks. As shown in the table below, these actions are categorized into the following three categories: Coaidor Improvements/ Enhancements; Promotion/Community - Participation; and Administration/ Coordination. Action items in each of these categories range from highest priority to medium and lower-priority projects. The responsible entity lists any individual, agency or organization that would be likely to participate in any part of the action item. Ado@1I1I I"DaJlI1I {D 991m.~0i1IU} A~t"o~ A. Corridor ~mprolleme~t;;llE~h,,~~eme~ts Vegemlol1 Managementfl:xotlCS Removal wltIi"lnRlgm::Gf-Way Vegetation Management/I:xotlcs KemovafOutsicreRlgm::Gf-Way Prepare a lTeGiIlecf~Plan tor (J1elamlaml Ir311 )cemc F!ighway Construct AomtlonaTROadSlOe1'Ulloffs l.onstrucr Gateway/VIsitor t..omolex/lntormatlon Center Aacffopgraile Amemtles at tXlstmg ROadSldef'arl<s Conduct a )Igt!!!gellnterpretlve stiiily prepa;:-eIObtam an ArcheO~rfRlstoncarsrudY IiiStalr Ml1e-ma~ )'gnage System LJevelop lamlaml Ir31fSCenlcRlgfiW3Y LJeSI~n uUldelmes Constru" lii1ormat,on KiOsks Along the )cemc Hlgllway GUarOraifRei)lacementJUeslgn C011slstent With SCenlcRii!hway '\fear 1998 - 2000 1998 - 1000 1999 - 2000 : ::: : ~~~~ 1998 - 2000 1999 - 2000 1999 - 2000 2000 - 2003 2000 - 2003 2000 - 2003 As Re>luired for Safety ) ) ) ~ ) ) ) ) -; ) ) ( ( ( ( ( c---- ( ( ( ( ( B. i'romotiollla~fC<lImmw~ity i'atrtidpatti<ll~ [leVelop )tanmcflzed lomt !puD1lc!Pnvatel !;rochure Create Internet VlTebpage Construct GatewaylV'lsltor Lomolex Consider Pursumg National Scemc Highway LJeslgnatlon ;:reate AuOlo lour Rost ::'peCtal EVei1rJfeStiVal ~ ~ ~ ( ( ( ( ( ( ::::: ~:~ : ::~ : ~~~~ ~:~: ~~~: C. Administrattio~/C<llordin"tiom Coordlnatel)cneduleVegetatlon Management Coordmate Wltlil'lJD I re~dIn2Bi1ageLJeslgn LJevelO~ a Coordmated I:IlcyclelJ>edestrlan Plan Coordinate wit, B~~P ~~~ Improvements Allply for Funding ~ Federal\ Coordinate with Local Agencies and ig Cypress National Preserve Cnnrdin>.. ~;~;~;~~~;r;r:~~~:~::';~::men~ Cno~~~;~~ :it: ~~s~~~~~~E6c~~~::W;'~; Deliveries Review/Revis~ C-orridnr Ma~~~Qmenr Phm ( ( ~ ( 1998 - 1999 1998 - 2003 1998 - 2000 l'i'lJLiOOO L'12ft..,-.JOO 1 1998 - 2003 1998 - 2000 1998 - 2000 2002 - 2003 ) ) ~ ) ( '- ( ( ( ~ ) CORRIDOR MANAGEMENT PLANW RE.CE.\\1E.O . tE\3 n 7. 1001 comO\i$S'lonefS. aoalO 01 coontj 76 , 1 Ii 1. ~LC~ .'...' #. 9 COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, January 31, 2007 - 2:00 p.m. Headquarters Library AGENDA Call to order Fiala . ~ Halas -.::~: .'-.---1;/ Henning__ V Coyle ' . Coletta --- ..-~ Approval of Minutes Literacy Program Report Report of Officers Communications a - Written b - Personal Unfinished Business 1. Employee of the Month - January 2. Golden Gate Library Construction 3. South Regional Library 4. Meeting Room Policies 5, Rose Hall New Business General Considerations Director's Report Report of the Friends Adjournment Mise Co~e\ \ Date '-\ }'"\ 0' Item# \\.,,1--lh \q Cor, j to 1611 A19 Naples, Florida, December 13, 2006 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Loretta Murray Karen Louwsma Sabina Musci ABSENT: Andrew Reiss ALSO PRESENT: Marilyn Matthes, Library Director Clyde Craig, Member, FOL Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of October 18, 2006. Mrs. Murray noted that under the 'Director's Report' it should be noted that voting at the Library had taken place for two weeks, not one as recorded. There being no more corrections, Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as corrected. LITERACY PROGRAM REPORT Mrs. Reiss discussed the latest projects she has been working on. REPORT OF OFFICERS - None COMMUNICA nONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Ms. Musci moved, seconded by Mrs. Louwsma and carried unanimously, to select Bill Wilkins, Library Operations Coordinator, as Employee of the Month for December 2006. In reference to the Golden Gate Library construction, Mrs. Matthes reported that the County has signed the contract for this project with the firm of DeAngelis Diamond Construction Company. Groundbreaking is expected to be around January 2007. 1611 A19 In reference to the South Regional Library construction, Mrs. Matthes stated that the County had approved the design. Bids are expected to go out sometime in January 2007. The contractor would be selected sometime in the spring. Mrs. Matthes handed out to the Board members a copy of the proposed changes to the Policies. She had asked the Board members to review them and offer suggestions, corrections, etc. at the next meeting. Mrs. Matthes stated that bids for the Rose Hall had come back too high, so they're back to square one. The Friends have raised over a million dollars for this project and they expect to raise even more. The carpentry and plumbing will be donated. The Marco Chapter of the Friends is looking for local contractors to bid for this project again. NEW BUSINESS The members of the Board discussed the nominations for the two vacancies. There were two submitted, one for each district. Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, to recommend Connie Bettinger-Hennink to the BCC for selection in District 3. Mrs. Louwsma moved, seconded by Ms. Musci and carried unanimously, to recommend Loretta Murray to the BCC for re-election in District I. Mrs. Matthes handed out a plaque to Ms. Sabina Musci in appreciation for her long contribution to the Library. GENERAL CONSIDERA nONS - None DIRECTOR'S REPORT Mrs. Matthes handed out to the Board members copies of comparable statistics of registered patrons for discussion. She stated that the Library is trying out a new service, downloadable books. She offered the Board members to try it out before it goes out to the public. REPORT OF THE FRIENDS Mr. Craig reported that the Friends are in the process of putting together plans for the 50th Anniversary celebration. A major fundraising plan is in effect and the goal is to collect one million dollars. A cocktail event is planned for January 2007 at the HQ Library. The BCC will be presenting a proclamation to the FOL sometime in January. Lastly, Mr. Craig stated that FOL will be having a dinner with an auction at the end of the year. ADJOURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Time: 3:30 p.m. 16/1 A19 COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, February 28, 2007 - 2:00 p.m. Headquarters Library AGENDA RECEIVED FEB 2 9 2007 Call to order Board of County Commissioners Approval of Minutes Report of Officers Fiala ./ Halas ~~---_. Hennm9- ' -.. Coyle _It------ Coletta-------- . Literacy Program Report Communications a - Written b - Personal Unfinished Business 1. Employee of the Month - February 2. Golden Gate Library Construction 3. South Regional Library 4. Meeting Room Policies - Deferred Discussion 5. Rose Hall New Business General Considerations Director's Report Report of the Friends Adjournment ~:I 'j .. Naples, Florida, January 31,2007 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Loretta Murray Connie Bettinger-Hennink Karen Louwsma Andrew Reiss ALSO PRESENT: Marilyn Matthes, Library Director Clyde Craig, Member, FOL Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant Mrs. Lewis welcomed the new member of the Board, Mrs. Connie Bettinger-Hennink. APPROV AL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of December 13,2006. There being none, Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as submitted. Mrs. Reiss reported that the neighborhood of Twin Eagles has nine tutors to help their employees with English lessons. She also stated that the online tutor program is working very well at the East Naples Branch Library. REPORT OF OFFICERS - None COMMUNICA TrONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Murray moved, seconded by Mr. Reiss and carried unanimously, to select Tom Seibold from the HQ Library as Employee of the Month for the month of January 2007. In reference to the Golden Gate Library construction, Mrs. Matthes reported she had a signed contract on hand and that she would soon schedule a preliminary meeting with the contractor. She also stated that the groundbreaking would be in the next month or so. In reference to the South Regional Library construction, Mrs. Matthes stated that the architects were finishing the final documents and that it should be going out for bids sometime in March or April. 1611 A19 Mrs. Matthes asked the Board for more suggestions on the Meeting Room Policies. Mrs. Lewis offered some suggestions. In reference to the Rose Hall at the Marco Island Branch, Mrs. Matthes reported that the Marco Friends are trying to raise more funds. A Jazz concert is being planned. Commissioner Fiala is scheduled to meet with the Marco Friends to discuss this project which will be going up for bids again soon. NEW BUSINESS - None GENERAL CONSIDERATIONS - None DIRECTOR'S REPORT Mrs. Matthes stated that the 4th year report from the Library Advisory Board to the BCC is due in March 2007. She also shared thoughts and concerns about the 'Safe Place' program in the Library system, which came about a recent incident at one of the branches. Mrs. Matthes announced the resignation of Kathleen Teaze, the Assistant Director, who's moving to New Mexico. She also stated that the downloadable books are turning out to be very popular and that there is long waiting list for those. Lastly, she stated that an orientation meeting was held on January 30th, at the East Naples Branch Library. In attendance were the new Board member, Connie Bettinger-Hennink; Syd Mellinger, former LAB member and Marilyn Matthes. REPORT OF THE FRIENDS Mrs. Lewis offered her congratulations to Mr. Craig and the Friends for a job well done on the recent reception that took place in the HQ Library. Mr. Craig stated that a Gala Dinner is being planned for December IS" 2007. He also stated that an organizational meeting had been scheduled for February 20th. He said that the Friends are hoping to raise a lot of money this year. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mr. Reiss moved, seconded by Mrs. Louwsma and carried unanimously, that the meeting be adjourned. Time: 2:55 p.m. , 16 11 A })~l".' ,.~, .;".' "',.i, "-""y GOLDEN GATE M.S.T.U. ADVI~~RY / COMMITTEE ' ala..__._.__ ~:~a~ng=:~_.=~ (~()yle .__\.,--:::_.___ (~()lettA ....._...____ 2885 Horsesh_ Drive Naples, FL 34104 March 13, 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- February 13, 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 New Business VIII. IX. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Sunshine Repaving C. Sunshine Opening Celebration D. Master Plan Discussion E. Grants X. Public Comments Mise co~res \ Date Y ~ ')- '\ C( Item# \l.vr \A Z-u CO;JieS to XI. Adjournment The next meeting is scheduled for April 10, 20074:00 PM At Golden Gate Community Center Naples, FL 1 16 f 1,4 20 GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE 2885 Horsesh_ Drive Naples, FL 34104 February 13, 2007 SUMMARY A quorum was established, the minutes and agenda were approved. VI. Landscape Architects Report - Michael McGee B. Update on Sunshine Project -Michael McGee and Darryl Richard The project should be completed on June 14th VIII. New Business B. Chairman and Vice Chairman Elections Barbara Segura moved for Rick Sims and Pat Spencer to remain as Chairman and Vice Chairman. Second by Peggy Harris. Motion carries unanimously 4-0. IX. Old Business D. Grants Rick Sims moved to recommend appointment of Michael McElroy as a Committee Member. Second by Pat Spencer. Motion carries unanimously 4-0. 1 1611A20 GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE 2885 Horsesh_ Drive Naples, FL 34104 February 13, 2007 MINUTES I. The meeting was called to order by Chairman Rick Sims at 4:02 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 Others: Michael McGee- McGee & Associates, Dan Mote and Michael L. Luneke- Advanced Lawn & Landscape, Michelle L. S. Guerrero- Mancan. III. Approval of Agenda Pat Spencer moved to approve the agenda. Second by Rick Sims. Motion carries unanimously 3-0. IV. Approval of Minutes: January 9,2007 Rick Sims moved to approve the minutes. Second by Pat Spencer. Motion carries unanimously 3-0. V. Landscape Maintenance Report - Advanced Lawn Mike Luneke reported: Irrigation pump was down but is now back up and working. Pest control was done. - Fertilization will be done next week. Dan Mote added that the irrigation pump is still under repair. 1 16/142n Darryl Richard mentioned that central control for irrigation is off time; the irrigation is running at the wrong times, which is under investigation. Rick Sims requested that any help from Advanced Lawn & Landscape with eliminating wind blown trash would be appreciated. Michael McGee requested that the exoras be tested to determine why they are not doing well. VI. Landscape Architects Report - Michael McGee A. Landscape Update No report. B. Update on Sunshine Project -Michael McGee and Darryl Richard Michael McGee reported that the lighting and irrigation companies met together. The sunshine project is progressing. The project should be completed on June 14th. VII. Transportation Operations Report: A. Current Budget - Lisa Hendrickson Lisa Hendrickson distributed and reviewed the report (see attachment). Discussion ensued on billing for the Hanula Company project. 1. Line Item for Road Mowing Fund Transfer Barbara Segura joined the meeting at 4:23 p.m. The Committee would like to know how the mowing is being tracked on Green Blvd., if there are additional charges for mowing, and how many times the contractor is actually mowing. B. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). He distributed a map demonstrating the MSTU jurisdiction and taxable values (see attachment). VIII. New Business A. New Member Elections 2 No applications were received. l6LIA2Q B. Chairman and Vice Chairman Elections Barbara Segura moved for Rick Sims and Pat Spencer to remain as Chairman and Vice Chairman. Second by Peggy Harris. Motion carries unanimously 4-0. IX. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer Pat Spencer reported that Trinity Caudill-Scott hopes to complete her job on the bridge before she leaves her position. Tessie Sillery reported that soil borings are complete. B. Sunshine Opening Celebration C. Master Plan Discussion Barbara Segura suggested rethinking the Master Plan in order to be cost effective. She suggested looking into zero scapeing in order not to incur irrigation costs. Open discussion ensued on possible options for making the proposed Plan more affordable. It was brought out that if either Coronado or Hunter is improved then the millage rate will need to be increased for future maintenance costs. Discussion also ensued on a plan of action for increasing the millage rate. It was brought out that the ordinance only allows for a .5 increase. Rick Sims expressed interest in asking Commissioner Tom Henning if he would support raising the millage rate. Barbara Segura suggested having a secondary plan if the Commissioner and residents are not in favor of raising the millage rate. It was noted that the MSTU will incur the cost of surveying the public on increasing the millage rate D. Grants The viability of receiving grant funds was discussed. Tessie Sillery distributed the one application for a new MSTU Committee member that was received. 3 Rio' S;ms m.... to ...ommend app,"ntm... of M!..?,ll,,,~ as a Committee Member. Second by Pat Spencer. Motion carries unanimously 4-0. ?n x. Public Comment None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:48 p.m. The next m_ting is scheduled for March 13, 2007 4:00 PM At Golden Gate Community Center Naples, FL 4 FR01 : ATM LANDSCAPE FAX 1'13. :23'h~19 16 ,IF:}.. A ~ '.)1~ P2 . . . 81/"'2897 11:22 23'6433&4' 11123/2117 89:'3 Im774M2 ~UJllDA IICC tFI'lCli PAGE mlel Po&: 11 ......Clafr1"' . III 11'I ..... r . """ ~:.~~ ~~ . ~ ~ M_IJlIj C6lMlitL~.". . . "-.$l~.'.~ ~ .........~ -~l'O _.~..~fY-~" 1iiJ. a.C*, tef/le _If.,.f}13~3(.q9. . IJJll'tI'l" ')'(/-I8'll ...~~~.CdJt. ......1& ~IIJ ~~I',f/.ll....~~ A .......f' ... .-....... \7. Q. U.c.. ~~~~,. ~~.:=.- -i......,........~~ y_ It, ~ t.. .. ....,...:-" "-"~c..,. Y. \II! Nt ..,.. -. 11. '*......., Ytt ~ ,/" ................- ....,. -.. ....1 U 1II..,..............LawT .,., ....... ....-........-..-........~~_. .,.,......... - l_" TII /fe. ./ . ~ .,. ... ./ - ...... ...- ,u ~ .I...................., "UJ11 -- .-~ ... ........ ......_ .. ~ "-/.ISit "t"'~4."J ,~tI.~J!. "Jh_~ AMrN ~~~ n-._. _i.j... . .~ -=_, ~ ~ =- .. ~..r~i - b U.JI r ...._____.......-- II"Pre,:;'.. - ... - - _ ~..~. ~~bor_""""_"",. ~ ...----....~..... 1611A20 GOLDEN GATE MSTU - TAXABLE VALUE FOR SELECTED PARCELS WI PROJECTED REVENUE REL. TO MILL RATE TOTAL PARCELS. 5325 TAXABLE VALUE TOTAL 0.00075 0.00100 0.00150 0,00200 "'","Mt~'" ..u- .1.1,.. "~U.,., "_III" 1611e4?n February 13,2007 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-14) ACTIVE (Ongoing: Tessie Sillery) -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- J 0-06: MSTU Commitree 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). 1-17-07: Item Re-Opened to confirm information for report to Committee. 2-13-07: Asked R&B to give us the cost per mowing for a total of square feet needing to be mowed. They mow at every 6 week intervals. (G-I1) ACTIVE - Darryl- Sunshine Boulevard (Curbing, Asphalt, and Lighting) - GOES TO BCC ON SEPT 27, 2005; Construction Cost: BONNESS, INC.: $30 I ,691.31; Materials Cost - Lighting: Lomec: $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 FDOT 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 FDOT standards. 5-30-06 - Scheduling meeting with McGee - June 5"', 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 that 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. 1 1611A ')'1 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. 1-23-07: John Miller meeting with Kent Tech.; J. Miller confIrms break-away coupling is not required. 1-24-07: Meeting with Mitch Riley to confIrm that Contractor can cut away asphalt to install sleeve. 1-24-07: Road & Bridge sends punch-list to Bonness for project. Curbing 100% completed minus punch- list items. (G-IO) ACTIVE - Darryl- 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 LandscapelIrrigation Phase of Project. 5-30-06: Project plans received to be delivered today to purchasing. 7/11106 : 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 10/24106, 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. 1-17-07: NTP - pending issue of right of way permit 1-26-07: Notice to Proceed sent to Hannula, coordination meeting scheduled for 1-30-7. 2-13-07: Irrigation is 20% complete (G-13) COMPLETE-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. 1-17-07: Diane Flagg - explained with a spreadsheet on how the mstu is charged. (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 2 16/1 4 JI) 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. (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; Phoenix Construction is waiting on paver order. Mark Burchin - Right of Way - is reviewing for compliance as per R/W 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. 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Approval of Minutes- February 14, 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 April 11, 200710:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 M:s'.,." :~;:fTes. Date Y b'\ \61' . Ilem#_\~ 1. \ A 1.\ CCiD, ~~ to 16 , 1 ~A. 2 1 FOREST LAKES ROADWA Y AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 14, 2007 Summarv V. Transportation Services Report A. Budget- Lisa Hendrickson George Fogg moved to have Finance submit an invoice with justification for all items. Second by Roger Somerville. Motion carries unanimously 4-0. George Fogg moved to transfer $100,000 from "Capital Outlay" to "Operations". Second by Bill Seabury. Motion carries unanimously 4-0. B. Project Manager Report- Darryl Richard George Fogg moved to allocate $5,000 for tree trimming on the right-of-way on Woodshire Lane. Second by Bob Jones. Motion carries unanimously 4-0. Darryl Richard presented Roger Somerville with a five year pin of service to the County. 1611 ~'2..1..' $it! . ... . FOREST LAKES ROADWAY ANn HRAINAGE M.S:r.II. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 14, 2007 Minutes I. The meeting was called to order by Chairman Bob Jones at 10:03 a.m. II. Attendance Members: Virginia Donovan (excused), George Fogg, Robert Jones, William Seabury, Roger Somerville County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Lisa Hendrickson- Management Budget Analyst Others: Chris Tilman- Malcolm Pirnie, Michelle L. S. Guerrero- Mancan Bob Jones mentioned that Virginia Donovan has been in the hospital, but he hopes she will be well enough to attend next months meeting. III. Approval of Agenda Add: - "IV. Approval of Minutes - January 10, 2007 and December 13, 2006" The Chairman approved the agenda. IV. Approval of Minutes- January 10, 2007 and December 13,2006 Bob Jones brought out that Committee Members should be in attendance at the meetings in order to create a quorum. If a Member is unable to attend then they should contact Michelle Guerrero in order for the absence to be excused. Change: George Fogg and Roger Somerville to excused absences for the January 10, 2007 meeting minutes. - Bill Seabury and Roger Somerville to excused absences for the December 13, 2006 meeting minutes. 1 16 , 1A '21 Bill Seabury moved to approve the meeting minutes as amended. Second by George Fogg. Bill Seabury amended the motion to also include the excused absences for Roger Somerville. George Fogg amended his second. Motion carries unanimously 4-0. Bob Jones requested to have Chris Tilman or Darryl Richard call him when they drive around reviewing the Forest Lakes area so that he can join then. V. Transportation Services Report A. Budget- Lisa Hendrickson Lisa Hendrickson distributed and reviewed the report (see attachment). Bob Jones requested that the report be labeled with line item numbers. Discussion ensued on the method of payment for the bond issue. George Fogg moved to have Finance submit an invoice with justification for all items. Second by Roger Somerville. Motion carries unanimously 4-0. Tessie Sillery mentioned that funds are needed to be transferred into "Operations" from "Capital" for maintenance projects. George Fogg moved to transfer $100,000 from "Capital Outlay" to "Operations". Second by Bill Seabury. Motion carries unanimously 4-0. B. Project Manager Report- Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). Tessie Sillery is now the point of contact for some of the projects. Darryl Richard distributed a copy of an email correspondence with Wilson Miller and a spreadsheet on the "Forest Lakes MSTU Bond Issue Projects List - Description & Cost" (see attachments). Chris Tilman noted that design engineering will not be needed for the bulk of the list of the Bond Issue Projects. Not having design will reduce the cost and time of the projects. 2 16'1 A 21 George Fogg mentioned the outlet of the culvert at Woodshire on Emerald Greens has built up siltation. Chris Tilman agreed to review the situation. Discussion ensued on drainage difficulties in various areas that Chris Tilman will review. Chris Tilman will be reviewing the necessity and scope of each project. He feels that projects #3, #17, #19 and #15 are unnecessary. Project #20 needs to be switched to an overlay on the road instead of a rebuild. George Fogg requested to be present when this area for project #20 is reviewed. Chris Tilman suggested that the best plan of action is to do the necessary projects on the list then later review if smaller projects will be needed to tweak the drainage. Darryl Richard also suggested reviewing the necessity of projects #2, #4 and #16. He added that the request for quote from contractors should be out in March. George Fogg suggested that Darryl Richard speak with Karen Bishop about the "No Turn" sign on Woodshire. Darryl Richard distributed an aerial photograph of "Woodshire ROW' (see attachment). George Fogg added that the signage area on Woodshire Lane is not owned by anyone. Darryl Richard agreed to continue to investigate the ownership and responsibility of the area. Darryl Richard brought out the need for tree trimming in the right-of- way on Woodshire Lane. Bob Jones added that there are additional trees that need to be trimmed that possibly are owned by the golf course. George Fogg moved to allocate $5,000 for tree trimming on the right-of-way on Woodshire Lane. Second by Bob Jones. Motion carries unanimously 4-0. It was the consensus of the Committee to discontinue the contract with Wilson Miller for the installation of two staff gauges. Darryl Richard presented Roger Somerville with a five year pin of service to the County. 3 1611 A ']l'~ Bob Jones mentioned all the great efforts Roger Somerville has championed. VI. Old Business None VII. New Business None VIII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:54 a.m. 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 4 iI @ '" ""0 8 ~ !> " g ~ ~. '" " ;-, 0 c g, ~ ., ~. "tl (1) 3 ... " ~ . ~ ""0 ~ ... III " <;;. ~ (1) ~. ... ;-, ~ 0 i .. ,; . " Cf' g 3 ~. ~ " 0 ~ c 3 ~ ., ~ "tl 3 -g 1;: ~r ~ )> p, " ~" '" ,~ ""0 ~(ii' >< .~ ;1- 0. _. 00 - 1>>8 C> ~3 II ~ ~. ~ -." -:.li i16' 0 c" p.. $3 '" g~ ::r ~. ~~ (l .~ ::i"g '$. o. N i33 0 ~o ;:0 !< <:!:Ill 0 gg ::E ~ Ro 0 0 0 ~ ::I. 0. C (1) "I' g Ii II 0. 0 t"" 0 ~ 5. <r ;3 0 0 r/J e. 0 n -~ ~ ~ 0 . tTl 0 ~ Ro a ""0 ". ~ 0 ~ (I) " 11 ii . t"" $ tTl 0. ~ g " tTl .... ~ il 0 ii " ~ N 0: ~ ll. - .j>. ~ N 0 0 -....J l~Jl 4 ,21 "lJO)>"'Cl;'~z;r 0;::0 Z Oca I~ = ~010~!. ;0 5~05C :.;,~ z-o;uzill/Oi5:l (J)G)monZmD" (J)())~"TI:!.l>> ,Cb 00'1-' "O3-~ r:cs;:~h ::;!g Oi5i:><o::!ooC/)rv oCOmo.....<.nm01 :::Orcncn.~:::O~ mOJ::I:,J:l.o:50 oor-cooo cni3~J\Jomg m~~~~-o" om-lm _ r Z Z .0 DO if i iilr~ Ka~~i Po ~l-- arm '" " .. , Gl III IT' I"i m IT ~ Z .:= c: 0 ! "'" ::I. g 2:: ~ :E o o 0.. VI ::r .. CD ;;0 o ~ "'" ~ (I) - o ...,., N 1611 fA ? 1. Forest Lakes MSTU Bond Issue Projects List . Description & Cost Wendesda ,December 13, 2006 Project cosr $315,000 16% Desl n Cost Included Pro eets Subtotal $5,898,000 Pro eet Contln anc 10% $589,800 Bond Issue Pro ects Total $6,487,800 '"Project Cost include Design Cost and Construction Cost and are based on estimate by WilsonMiller, Inc. Page 1 of2 16'1 ,~;> 1 RichardDarryl From: RichardDarryl Sent: Tuesday, February 13, 2007 11 :01 AM To: RichardDarryl; 'ChrisBreinling@wilsonmiller.com' Cc: sillery_t; fiagg_d Subject: RE: Forest Lakes MSTU - Bond Issue Projects Chris, As per discussion your deadline is March 9, 2007 for Group A & Group B project Request for Quote/Construction Scope of Services. Darryl From: RichardDarryl Sent: Tuesday, February 13, 2007 9: 10 AM To: 'ChrisBreinling@wilsonmiller.com' Cc: sillery_t; flagg_d; 'tjones657@Comcast.net'; BrilhartBrenda Subject: Forest Lakes MSTU - Bond Issue Projects Importance: High Chris, As per yesterday's meeting please proceed with development of Request for Quote/Construction Scope of Services for the following projects in Group A and Group B. Master Proiect List - Forest Lakes Bond Issue: Group A: Overlay Project#'s: 18,20,21,22,23 Group B: Re-grade Project#'s: 5, 6, 7, 8, 9,10,11, 12, 13, 14 Initial Project #1: Gravity Storm Sewer: Under Contract w/ WilsonMiller Projects Under Review go/no go for as per existing scope and/or necessity for project #'s: 2, 3, 4, 15, 16, 17, 19 Projects in Group A and B may be grouped to allow for multiple contracts. Grouping of projects should be in accordance with geographical location and/or scope of project. Final Project Request for Quote/Construction Scope of Services are due March 2, 2007. We will go directly to Bidding Phase for the Group A & B projects as they are deemed to be 'maintenance' projects which do not require a design. A follow-up meeting will be scheduled to make a determination regarding "Projects Under Review' and recommendation to Committee for those projects. Thank you, Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South 2/14/2007 161.1 A ;:> 1 February 14, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes FOREST LAKES MSTU Proiect Status (F-29) - ACTIVE (POC: Danyl Richard) -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 fmance bond issue. Alternative funding through a Bank will be reviewed. 1-17-07: Meeting with Chairman & staff to discuss priority project list and finance items 2-14-07: Bond Issue funds are anticipated to be available after April I, 2007. (F-28) - ACTIVE (POC: Danyl Richard) - Malcom Pirine Project Management Oversight Services- Committee approve $40,000.00 for annual services. 12-06-06: Committee approved the funding for Malcolm Pirine Contract 12-19-06: Malcolm Pirine delivers Fee Matrix for proposal 12-20-06: Staff request revised Scope of Services for proposal to match Fee Matrix. 12-22-06: Malcolm Pirine revised Fee Matrix received. 1-08-07: Work Order picked up by Malcolm Pirine for signature. 1-17-07: Work Order in system for signatures; Norm Feder has signed; Release from Purchasing Pending 1-19-07: Work Order rejected by purchasing - due to Consultant not using fixed fees. 1-23-07: New Proposal received from Consultant 1-25-07: Work Order Ready for Pick up by Consultant 1-26-07: Consultant Picked up WOo 2-08-07: WO went through signature approval and pending purchasing approval & PO release 2-9-07: Notice to Proceed for Malcolm Pirine sent 2-12-07: Meeting with Chris Tilman to review projects. Confirmation with Purchasing Dept. regarding maintenance items which may go straight to Construction Contract. Regrade Projects and Overlay Projects to be done as maintenance contracts. (F-27) - ACTIVE (POC: Danyl Richard) - 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. 1-17-07: As per discussion with Bob Tipton, Traffic Operations will review in terms of 'SDP' for Publix shopping center and report back to A TM Staff. 1-13-07: Discussion with Bob Tipton regarding determination of approval for "No Left Turn" sign. (F26) - ACTIVE - ON GOING (POC: Tessie Sillery)-Maintain signage 11-08-06: Fogg moved to utilize annual contractor- maximum $10,000.00 1-29-07: Requested estimate. 2-14-07: PO for annual maintenance in amount of$IO,OOO.OO requested. (F-25) - ACTIVE - ON GOING (POC: Tessie Sillery) - 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 1-10-07: Bonness NTP - $40,000 1 1611 A? 1 1-23-07: Bonness - will be marking pot holes. 2-05-07: Bonness marked and in process of repairing pot holes 2-12-07: Bonness repaired pot-holes. Marked areas filled with asphalt. Villas turn area remains for future project. (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) ACTlVE- ON GOING (POC: Tessie Sillery) - 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. 10-11-06: Committee approves $30,000 for annual contract with Shenandoah. 11-7-06: Increase to PO ($3,155.70) 1-25-07: Requested for Estimate for annual maintenance not to exceed $26,800.00 (F-20) ACTIVE (POC: Darryl Richard) - 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 WitsonMiller exceeds the $90,000.00 limit. WitsonMiller to revise scope. 10-11-06: Committee approves not to exceed $120,000 for WilsonMiller Scope of Services. 12-6-06: Committee notified that Notice to Proceed will not be sent to WitsonMiller until review of proposal by Staff and Malcom Pirine has been completed. 1-17-07 : pending Malcom Pirine to review 2-6-07: Upon Consultant review and staff review NTP sent to WilsonMiller for project. (F-16) -ACTIVE-ON GOING (POC: Tessie Sillery)-Lake Doctors Annual Maintenance Contract- Woodshire Ditch & pwnp 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) ACTIVE-ON GOING (POC: Tessie Sillery) - 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-17) - COMPLETE - Wilson Miller - Annual Consulting Services - WilsonMiller- Scope of Services received for $30,000.00 from WitsonMiller; Requires Committee Approval. Committee approved $30,000.00 - Work Order issued January 23, 2006. 8-21-06 - Ongoing 1-17-06: Reciept of final invoice from WilsonMiller pending, following fmal invoice PO will be closed. (P-13) - COMPLETE - BOND Resolution & Executive Summary - Coordination with Scott Teach based on WitsonMiller 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 2006-201 - consent agenda -bcc 9-12-06 2 1611 A21 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.; Jerry Kurtz, Stormwater Dept.; Darryl Richard, MSTU Project Manager; and Craig Pajer, Consultant, WilsonMiller. 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 the 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 operation 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 ofthe data was not provided by WilsonMiller. There has not been any document produced by consultant analyzing and/or summarizing the data collected. 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 of tie 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 sent to 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 (1" 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 Chainnan and A TM Department Director Liason Staff is obtaining alternate Scope of Services from Collier County Annual Vendor List and other private sector Engineering Finns. 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, 3 1611 ,4 ? 1 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, WilsonMiller to 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 MSTU) 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-21a~ 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. (F-14) CANCELLED - Woodshire Lane - Re-grading/Cutting 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: WilsonMiller 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 WilsonMiller 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. 4 16/1 ~ ? 1 (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- I -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 -<oommittee 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 Miller.- no drawings reced. 6-27-06 : Submitted PO request on 6-27-06 7- 12 -06 : Project completed (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 WilsonMiller 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- final 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. 4-1 7-06; 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- fmal completion documentation 8-7-06: Final Completion Document Executed 5 16/1 A ? 1 '. (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 Docwnent Executed. 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CO......CDNOmNI\.) I\.):t ......~......mp~~~ ~-')Io <<>>:"""0,:""00(110) 0::11 (J)(1Iotnoomco c):;. tIt_~~flt4nflt N o.c>- .c>- ...00 .00 wog NO moo 000 := c.. ~ ... CII O>~ 8l~ ... ~~fltflt~fIt~EIt "'> ... ~6'tCltVt ... ..,,~flt6't6't)lo ~ - ~ n ~ ~ ~ .., ~ .., .. 0 ~ !'> ~ c .... !'Jw...... ~ ~w "'.c>-Ii ... "'.... 0> w ..,!!. i ~ .... ~ <0 -"""--"'0)0(".)- III '" '" s: .... "'''ll "'.., .., ~~gg~"ll 0<0 ~ :-'. .., w~ 0 ~!>>. . ~. b om iv <0 $15: : 0 ~8l 0 ~~ggg15: 0 00 '" <0 0 0 1 lA ? 1 -n -n 0 CD ;:0 tr m ... -nen c c:-l DI -< Z"" c> - " ~~ - m (II N CD en 0 s: 0 ...... en -l c: 16' 11 A 22 REf'E .'" JVt?D t::"[D .. - 'U ! :; 2nO ,. . .u,7 .:;,Odl"ll 0' ~ COunt'! ,^' '~ommiS_~iorl ers , X- AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE March 5, 2007 9:30 AM Conference Room #609 Buildi Fiala ~~Ias ~ - Henning_~--.. Coyle---.------- Coletta.------ Collier County Community Development Services 2800 N. Horseshoe Naples, FL 34104 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION. Regular Meeting I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of Minutes: February 5th, 2007 V. New Business: A. New Application: 1. Royal Palm Limo - New CTO 2. Spinning Limo's & Transportation ~ New eTO (new owner) 3. Dream Taxi -New eTO VI. Complaint Report - Michaelle Crowley VII. Discussion: a. Election of Chairperson b. Temporary Decals VIII. Speakers IX. Next Scheduled Meeting Date: April 2nd, 2007 x. Adjournment :~::. vqeb~ \Sf Item #-\ lJ, ]:.. ( A 'l. V );i"iij 16K 1 MEMORANDUM Date: May 23, 2007 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #06-4047 "Eminent Domain Legal Services" Contractor: Bricklemyer, Smolker & Bolves, P.A. Attached please find three (3) original documents, as referenced above, (Agenda Item #16Kl), approved by the Board of County Commissioners on Tuesday, April 24, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (3) 16Kl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only aFter th~ Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's si ature, draw a line thrall routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson line #5 . Office Initials Date 1. 2. 4. Colleen M. Greene Assistant County Attorney OS/22/07 3. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original 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 needinethe Bee Chairman's signature are to be delivered to the Bee office onlv after the Bee has acted to aDDrove the item.) Name of Primary Staff Dianna Perryman, Contract Specialist Phone Number 774-2667 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16.K.l Approved by the BCC Type of Document Attacbed Contract: #06-4047 "Eminent Domain Legal Services" Number of Original Five (5) Contractor": Brlcklemyer, Smolker & Bolves, P.A. Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the JAB 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, ete. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and oossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office JAB 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 document JAB or the fmal negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB initials are required. 5. In most cases (some contracts are an exception), the original documeut and this routing slip should JAB 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 your deadlines! 6. The document was approved by the BCC on April 24, 2007 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if apnlicable. 16Kl MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: May 17, 2007 RE: Review of Insurance for Contract: #06-4047 "Eminent Domain Legal Services" Contractor: Bricklemyer, Smolker & Bolves, P.A. This Contract was approved by the BCC on April 24, 2007; Agenda Item 16.K.1. 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, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. g~d.., ~\~~~ ~. ~~ dodlDP C: Jennifer Belpedio, County Attorney's Office ITEM NO.: DATE RECE1R: K I FILE NO.: ROUTED TO: 0 ') _ pRe -ao6 77 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: May 17, 2007 !,"-~.) C':l c= ~ .;:.-...., c_~ ~" ::::. .J. ....r' (--~ ..... h:- )> - __d -~-:::r 0_ :2: :1} To: Office of the County Attorney Attention: Jennifer Belpedio .< N N From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 2667 .,.-~ =~ C) ~ Re: Contract: #06-4047 "Eminent Domain Legal Services" Contractor: Bricklemyer, Smolker & Bolves, P.A. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 24, 2007; Agenda Item 5/~;;' /07 16.K.1. G\L '7<;:.~ ~ .~r /' y-~ cY- Jennifer, please fOlWard to the Chairman of the Board of County 9J- J Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciat~ notification when the documents exit your office. Thank you. This item has not been previously submitted. . ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: C: Jennifer Belpedio, County Attorney's Office ~ / --Rby{c}.- ./' ~o:;r~ \( 16Kl Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 2ih day of February, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602, (hereinafter referred to as "Counsel"). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $200.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $90.00 per hour for paralegals providing services hereunder. 16 K 1 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1 %) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 16K 1 The Consultant 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 Consultants; 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. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Holder and included as General Liability Policy. Collier County shall be listed as the Certificate an Additional Insured on the Comprehensive Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16Kl 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre-litigation planning, and may be fundamental in establishing future litigation and pre-litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration/termination of this Agreement, Counselor any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 16Kl terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: 5- <r3 "'800 T ATTEST: DW1GH;r E: BROCK, Clerk ~~~A.~~~~~C'c. j ':1:,tllre on 1M vVlfNESSES'{jfji:' 1 (1)JJh,~q_ Signat re ~e'Da.U . LIi:+-'MrY\ PrintedfTyped Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By A~~'mac Br' lemyer, Smolker & Bolves (2) ?--/l-I ~ I,;, 5' fer) /J, F'<>I"'I1QI1/.e. 'C..... PrintedfTyped Name By: :;Z IEL" ~;!)/l/eS' j/. f? / ~CL\~'k ~ Jenni er A. BelPeS: Assistant County All ey Item # IV> leL ~;~;da Lh~<.bn Dat~ 5-03 -0\ Recd - Approved as to form and legal sufficiency: 5 ~ Chubb Group of Insurance Companies 15 Mountain View Road Warren. New Jersey 07059 CHUBB PRO LAWYERS PROFESSIONAL LIABILITY FEDERAL INSURANCE COMPANY lO1(-]:- A stock insurance company, incorporated under the laws of Indiana, herein called the Company '". CHUBB DECLARATIONS Capital Center. 251 North Illinois, Suite 1100 indianapolis, IN 46204-1927 Policy Number: 6801-2942 NOTICE: THIS IS A CLAIMS MADE POLICY, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD," OR ANY EXTENDED REPORTING PERIOD. THE LIMIT CF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY "DEFENSE COSTS," AND "DEFENSE COSTS' WILL BE APPLIED AGAINST THE RETENTION AMOUNT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY JUDGMENT CR SETTLEMENT IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY. THE COVERAGE AFFORDED UNDER THIS POLICY DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE POLICY CAREFULLY. ITEM 1. FIRM -NAME AND ADDRESS: Bricklemyer, Smolker & Bolves, PA 500 East Kennedy Blvd. Suite 200 Tampa, FL 33602 ITEM 2. PREDECESSOR FIRM(S) -NAME AND ADDRESS: N/A ITEM 3. POLICY PERIOD: (A) Inception Date: August 1, 2006 (B) Expiration Date: August 1, 2007 at 12:01 a.m. both dates at the Address in ITEM 1. ITEM 4. LIMITS OF LIABILITY (inclusive of Defense Costs): (Al $ 3,000,000.00 maximum limit of liability each Claim (B) $ 7,500.00 maximum aggregate limit of liability under this Policy for all disciplinary and grievance proceedings (C) $ 3,000,000.00 maximum aggregate limit of liability under this Policy for all Claims. ITEM 5. RETENTION AMOUNT: $50,000.00 each Claim or Related Claims. ITEM 6. EXTENDED REPORTING PERIOD: (A) Additional Period .1 Vear 2 Vear 3 Vear (B) Additional Premium 150 % of Annual Premium N/A % of Annual Premium N/A % of Annual Premium ITEM 7. PENDING OR PRIOR DATE: N/A, at 12:01 a.m. at the Address in ITEM 1. ITEM 8. PREMIUM: 14-02-9303 (Ed. 04/2004) Page 1 of 14 CHUBB PRO LAWYERS PROFESSIONAL IJABILlTY 16K 1 . These Declarations, the completed signed Application and this Policy with Endorsements shall constitute the C"ontract between the Insured and the Company. In witness whereof, the Company issuing this Policy has caused this Policy to be signed by its authorized officers, but It shall not be valid unless also signed by a duly authorized representative of the Company. ?tv'. FEDERAL INSURANCE COMPANY ~~ cytOWQ><i~_ ~ Secretary President 07/28/06 Date ~T~'i~- U oriz ,epresen tive 14-02-9303 (Ed. 04/2004) Page 2 Df 14 r , I ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) r.. 04/18/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 22668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity Company of CT 25682 Bricklemyer, Smolker & Bolves, P .A. INSURER B: Travelers Indemnity Company 25658 500 E. Kennedy Blvd INSURER c: Travelers Casualty and Surety Co 19038 Suite 200 INSURER 0; Tampa, FL 33602 INSURER E: Client#. 2113 BRICSM03 16Kl COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE POLICY NUMBER PDO}~~Y ,i~f~8~E Pgil.fl{it~~6',nN LIMITS lTR N'R A ~NERAL LIABILITY 68051L78705TCT07 05/01/07 05/01/08 EACH OCCURRENCE .1 000 000 X COMMERCIAL GENERAl.llA.BILlTY DAMAGE TO RENTED '300 000 I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) .10000 PERSONAL & ADV INJURY '1 000 000 GENERAL AGGREGATE .2 000 000 ~'~ AGG~EnE LIMIT APASIPER: PRODUCTS - COMP/OP AGG .2 000 000 PRO- POLICY JECT LOC A ~TOMOBILE LIABILITY 68051L78705TCT07 05/01/07 05/01/08 COMBINED SINGLE LIMIT (Eaaccident) '1,000,000 - ANY AUTO - ALL OWNED AUTOS BOOIL Y INJURY (Per person) , - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY . ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE . (Per aCCident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC , AUTO ONt Y; AGG . B 0ESSIUMBRELLA LIABILITY CUP6097Y7511ND07 05/01107 05/01/08 EACH OCCURRENCE .1 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE .1 000 000 . 8 ~EDUCTIBlE . X RETENTION .5000 . C WORKERS COMPENSATION AND UB49L0668407 04/01/07 04/01/08 Kl1wCSTAT~_~1 IO'!.t;l- :ms.'i.LIM.IT i= EMPLOYERS' LIABILITY .1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE ,1 000 000 If yes, describe under .1 000,000 SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS RE: RFP 06-4047 Eminent Domain Legal SBrvlces Certificate Holder is additional insured as respects to the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.0..... DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples, FL IMPOSE NO OBUGA TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A~ED REPRESENTATIVE . ,.,... o&-c.t.. ,a - ACORD 25 (2001108) 1 of 2 #S142604/M142603 lMS €l ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of2 #S142604/M142603 1 16Kl MEMORANDUM Date: June 4, 2007 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #06-4047 "Eminent Domain Legal Services" Contractor: de la Parte & Gilbert, P.A. Attached please find three (3) original documents, as referenced above, (Agenda Item #16Kl), approved by the Board of County Commissioners on Tuesday, April 24, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (3) 16Kl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach II) original dm'unll:nt. Onginal docurm:l1h ~11"llld he hund delivered 10 the fI,);:ml ()lficL' 1'I1\' completed routing slip and original documents are to be forwarded \0 the Buard Office only after the B,);lId has lakcll J\'I;01n Ull tll\' llelTl.1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the exception of the Chairman's silll1ature, draw a line throul!h routing lines #] 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. Jennifer Belpedio Assistant County Attorney JAB 06/01107 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 nee 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. AU oriilinal documents needing the Bee Chairman.s sii!nature are to be delivered to the BCC otllce onlv atter the Bee has acted to aoorove the item.) Name of Primary Staff Dianna Perryman, Contract Specialist Phone Number 774-2667 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16.K.l Approved bv the BCC Type of Document Attached Contract: #06-4047 "Eminent Domain Legal Services" Number of Original Five (5) Contractor: de la Parte & Gilbert, P.A> Documents Attached INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the NOI Applicable column, whichever is appropriate. Ves N/A(Not (Initial) Aoplicable) 1. Original document has been signedJinitialed for legal sufficiency. (All documents to be signed by the JAB Chairman, with the exception of most letters, must bc 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 BCe 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 JAB and all other oarties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCe approval of the document JAB or the finalne~otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB initials are reouired. 5. In most cases (some contracts are an exception), the original document and this routing slip should JAB 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 vour deadlines! 6. The document was approved by the BCC on Aoril 24. 2007 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the cham!es, if aoolicable. ITEM NO.: DATE RECEIVE16K 1 FILE NO.: ROUTED TO: 0 7-FRC 00&<:[5 DO NOT WRITE ABOVE THIS LINE Date: 31 May I' 2007 Office of the County Attorney Attention: Jennifer Belpedio REQUEST FOR LEGAL SERViCES "" = = ~ ::::;;: ):....".. ~ '- """7 4.- --r =<~~ ):> I i =) ~~:-. o ;g-- """- fT: To: .-< G) From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 2667 ~ 3;:: ',--' (J1 Re:Contract: #06-4047 "Eminent Domain Legal Services" Contractor: de la Parte & Gilbert, P.A. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 24, 2007; Agenda Item 16.K.1. c\c. '5 "0 \~ ~~ <Yi- Q~J" Jennifer, please forward to the Chairman of the Board ~f County n Commissioners for signature after approval. If there are any questions 1\0-^-- concerning the document, please contact me. Purchasing would appreciate \j notification when the documents exit your office. Thank you. P<s s ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: C: Jennifer Belpedio, County Attorney's Office -1- .J~ -b- 1:3cc ~a~~ S"I (;-{..^\..~2.--0 16Kl MEMORANDUM FROM: Dianna Perryman, Contract Specialist Purchasing Department MTE RECEIVED MAY 17 2007 RISK MANAGEMENT TO: Wayne Fiyalko Risk Management Department DATE: May 17, 2007 RE: Review of Insurance for Contract: #06-4047 "Eminent Domain Legal Services" Contractor: de la Parte & Gilbert, P.A. This Contract was approved by the BCC on April 24, 2007; Agenda Item 16.K.1. 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, please advise me when it has been forwarded. Thank you. If you have any questions, please contact rne at extension 4270. C: Jennifer Belpedio, County Attorney's Office 5/3c/e::, ~~Q Qt~&,,,~ () G.- c..l..Q.e!.- ~ LU c-\'-\,'- :1:;~ \(>0 I €:()o , ~L-- dod/DP 16KI Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27th day of February, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of da la Parte & Gilbert, 101 East Kennedy Boulevard, Suite 3400, Post Office Box 2350, Tampa, Florida 33601-2350, (hereinafter referred to as "Counsel"). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $200.00 per hour for Shareholders for all trial work and non-trial work and $150.00 per hour for Associates for trial work and non-trial work. Counsel shall be compensated at $90.00 per hour for Paralegals and Law Clerks providing services hereunder. 16Kl 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this , Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 16Kl The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. . - Special Requirements: Holder and included as General Liability Policy. Collier County shall be listed as the Certificate an Additional Insured on the Comprehensive Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16Kl 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre-litigation planning, and may be fundamental in establishing future litigation and pre-litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration/termination of this Agreement, Counselor any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 16Kl terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DA Tf;Q) ,~.-L{- OD 0"1- ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COlLlERC~~ By: ~ James Coletta, Chairman ~:CLcw. '~G(. ". Attest IS to . 1 , . '. dllftlltur't onl- W~SES: (1)~ rl~KL Slg ture da la Parte & Gilbert, P.A. Vivian Arenas Kathy Nalewski Printedrryped Name By: ~ () A ~ - lJo.Af1-- (2)~~ Erin McNulty Printedffyped Name Approved as to form and legal sufficiency: ~ \" '\ , Jenn. . Belpedi!\ Assistant County Attorne ItOr:1t1 ,~~ ~:';J'1J t"q~:Ql D"'~ 10-4-01 :{3;'~ J ----- (l.~ Depu6IGrl-.<j 5 16Kl - ~ Executive Risk Indemnity Inc. HorocOffice The Prentice-Hall Corporation System, Ine \013 Centre Road Wilmington, DE 19805-1297 Administrative Offices/Mailing Address: 82 Hopmeadow Street Simsbury, Connecticut 06070-7683 A /B\ ABA EMPLOYERS EDGESM AN EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY FOR LAW FIRMS ENDORSED BY THE AMERICAN BAR ASSOCIATION AMERICAN BAR ASSOCIATION DECLARATIONS THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. I RENEWAL OF I POLICY NUMBER 8169-9997 8169-9997 NOTICE: THIS IS A CLAIMS MADE POLICY WHICH APPLIES, SUBJECT TO ITS TERMS, ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD," OR, IF PURCHASED, ANY EXTENDED REPORTING PERIOD. THE LIMIT pF . LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED BY "DEFENSE EXPENSES," AND "DEFENSE EXPENSES" WILL BE APPLIED AGAINST THE RETENTION. THE UNDERWRITER WILL HAVE NO DUTY TO DEFEND ANY "CLAIM." ITEM 1. INSURED FIRM - NAME AND PRINCIPAL ADDRESS: ITEM 2. POLICY PERIOD: de la Parte and Gilbert, PA (a) Inception Date: August 15, 2006 101 East Kennedy Blvd. (b) Expiration Date: August 15, 2007 Suite 3400 at 12:01 a.m. both dates at the Principal Tampa, FL 33602 Address in ITEM 1. Predecessor Firm(s):N/A Address(es): NIA ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses): (a) $1,000,000.00 maximum Limit of Liability for each Claim. (b) $1,000,000.00 maximum aggregate Limit of Liability for all Claims. ITEM 4. RETENTIONS: ITEM 5. RETROACTIVE DATE: (a) $25,000.00 each and every Claim. Date of Organization (b) $0.00 aggregate. ITEM 6. PREMIUM ITEM 7. EXTENDED REPORTING PERIOD: $7,492.00 premium. one year Extended Reporting Period. Due 45 days from the end of the month in which the $11,238.00 additional premium for Extended Reporting premium is effective Period. ITEM 8. ENDORSEMENTS ATTACHED AT ISSUANCE: C26349 (5/98 ed.) 034075 (4/06 ed.) C26998 (7/98 ed.) 027802 (10103 ed.) 032433 (4/02 ed.) 033517 (4/04 ed.) 033522 (4/04 ed.) These Declarations, the completed signed Application and the Policy with Endorsements shall constitute the contract between the Underwriter and the Insureds. EXECUTIVE RISK INDEMNITY INC. by (Authorized Company Representative): May 13,1998 Form C26027 (4/98 ed.) Catalog No. ABAd-1 16Kl ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID Vlj DATE (MMIODfYYYY) DELAP-l 10/23/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION Professional Risk Specialty Gr ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Division of Brown & Brown, I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5900 N Andrews Avenue Ste. 401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft Lauderdale FL 33309 Phone: 954-453-6280 Fax: 954-429-9487 INSURERS AFFORDING COVERAGE NAIC# INSURED I INSURER A:. Westnort Insuran~e Coro.* 34207 -- INSURER B: ~- de la Parte & Gilbert PA ~~~~c: 101 E. Kenned2 Blvd, #3400 INSURER 0: Tampa FL 3360 ------ - INSURER E: I COVERAGES THE POl..lCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlnlSTANDING At('( REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IssueD OR MAY PERTAIN, THE INSURANCE AFFORCED 8Y THE POLICIES DEsCRIBeD HEREIN IS SU8JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, ll'OugY~'''rm'- ~<;v!'1I:i'.).,\{,,.;i,~N ~~ ~~~;r TYPE OF INSURANCE .-....-.-. POLICY NUMBER .----- - DATE MM CONY DATE"MM/DOIYY LIMITS I GENERAL LIABILITY EACH OCCURRENCE $ 5000000 1--- - ~MER(;IAL GENERAL LIABILITY ~~_EMISES fa QCClJfoncel $ ~ CLAIMS MADE 0 OCCVR -- A --- MED EXP (Any one person) $ ---- .!. Lawyers Prof Liab WLW308002938702 10/26/06 10/26/07 PERSONAl & ADV INJURY $ _....___.._.......-'n-'__ --- - FULL PRIOR GENERAL AGGREGATE $ 5000000 ........-.- ...... h'LAGG~Erf ;~~ APf~~~i PER ~E~~!S . COMPIOP AGG $ ------ ..-..... POLICY JE(;T LOC ~UTOMOBILE LIABILITY I COMBINED SINGlE llMIT $ ~ ANY AUTO {Eaaccidenl) '.'-"--- '-- All OWN~D AUTOS BODILY INJURY $ ----- SCHEDULED AUTOS {Per person) .....--... --- L- HIRED AUTOS BOOll Y INJURY NON-OWNED AUTOS (PeraCCidenl) $ - .--'. - -".-_. -...- .------ '-'-'--"- ,,- ------ PROPERTY DAMAGE $ (peracctdent) ~RAGE LIABILITY AUTO DNL y. fA ACCIDENT $ _._n"._....-,___ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: --..---- AGG $ OESSlUMBRELLA_L1_ABILIlY ~.~R~~__ $ .__. OCCUR [] CLAIMS MADE AGGREGATE $ ---".."--~.. ----~--. $ .-..". R DEDUCrlELE $ RETENTION $ $ WORKERS COMPENSATION AND I -IT~~i~IMlIil.....J.~~~ EMPLOYERS' UABILlTY ANY PROPRIETORlPARTNERlEXECUTNE E.L EACH ACCIDENT $ ....._,,-- OFFICERlMEMBER eXCLUDED? E,L. DISEASE. EA EMPLOYEE $ If yes, describe und$r EL DISEASE. POliCY LIMIT SPECIAL PROVISIONS below . OTHER - DESCRIPTION OF OPERATIONS !lOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS Collier County 3301 E. Tamiami Trail Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED i"OLlCiES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE ISSUING INSURER WIlL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICe TO UU:: CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAiLURE TO DO SO SHALL IMPOSE NO OBLlGATION OR UABILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATive CERTIFICATE HOLDER ACORD 25 (2001/08) 16Kl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ...-- 16Kl ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOfYVYY) 02/09/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Tampa ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4890 W. Kennedy Blvd, Ste. 850 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33609-1880 813289-6386 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty 29424 de la Parte & Gilbert, P .A. INSURER B: 101 E. Kennedy Blvd. Suite 3400 INSURER c: Tampa, FL 33602 INSURER 0: INSURER E: Client#. 7620 3DELAGIL COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO. PJ1~~~~~~r~8~~\E p~~fJ if~~t~~N LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS A ~NERAL LIABILITY 21 SBAK07317 07/27/06 07/27/07 EACH OCCURRENCE '1 000 000 X- pMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED '300 000 - CLAIMS MADE [XJ OCCUR MED EXP (Any ana parson) '10000 - PERSONAL & ADV INJURY '1 000 000 - GENERAL AGGREGATE ,2 000 000 ~'L AGG~EnE ILlMIT APPlS PER: PRODUCTS - COMPIOP AGG ,2 000 000 POLICY f~c?T LOC A ~TOMOBILE LIABILITY 21 SBAK07317 07/27/06 07/27/07 COMBINED SINGLE LIMIT ANY AUTO (Eaaccident) '1,000,000 - - ALL OWNED AUTOS BODILY INJURY , SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY , ~ NON-OWNED AUTOS (Per accident} - PROPERTY DAMAGE , (Peraccidenl) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EA ACe , AUTO ONLY. AGG , .5ESSIUMBRELLA lIABILITY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE , , ==i ~EDUCTlBLE , RETENTION , , A WORKERS COMPENSATION AND 21WECEX7167 07/27/06 07/27/07 X I ~V:!~ STf.-T.~;, I 10Jbl- EMPLOYERS' LIABILITY ,100000 ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE ,100000 If yes, desc:ribeLJnder ,500,000 SPECIAL PROVISIONS below E,L, DISEASE POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS Contract 05-3792 - Fixed Term Utility Specialized Legal Services Collier County Government is listed as additional insured. CERTIFICATE HOLDER CANCELLA nON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3D-... DAYS WRITTEN 3301 E. Tamiami Trail NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples, FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU'5RIZED '9:PR;.SE~ATIVE ACORD 25 (2001/0811 of 2 #S204105/M204104 DBAC2 @ ACORD CORPORATION 1988 16Kl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of. such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S2D4105/M204104 16Kl MEMORANDUM Date: June 4, 2007 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #06-4047 "Eminent Domain Legal Services" Contractor: Fixel, Maguire & Willis Attached please find three (3) original documents, as referenced above, (Agenda Item #16Kl), approved by the Board of County Commissioners on Tuesday, April 24, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (3) 16Kl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents arc to he fOr\varded to the Buard Office only after the Board has lakcn action on the item) ROUTING SLIP Complete Touting lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception fhCh" d 1"1 Ikl" o t e ' airman S signature, raw a me t lrou"h routing lines # 1 through #4, comolete the C lee 1St, and forward to Sue Filson (line #5). Route to Addressee(s) Oftice Initials Date (List in routing order) l. 2. 3. 4. Jennifer Belpedio Assistant County Attorney JAB 06/01107 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evcnt one of the addressees above, including Sue Filson, need to contact stafffoT additional or missing information. All original documents needing the Bce Chairman '5 signature are to be delivered to the Bee office onlv after the Bee has acted to annrove the item.) Name of Primary Staff Dianna Perryman, Contract Specialist Phone Number 774-2667 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 16.K.l Approved by the BCC Type of Document Attached Contract #06-4047 "Eminent Domain Legal Services" Number of Original Five (5) Contractor: Fixel, Maguire & Willis Documents Attached Initial the Yes column or mark "N! A" in the Not Applicable colnmn, whichever is appropriate. Yes N!A(Not (Initial) Aoolicable) l. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the JAB Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office JAB 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 document JAB or the final negotiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should JAB 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 ofvour deadlines! 6. The document was approved by the BCC on Aoril 24. 2007 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan2es, if aoolicablc. INSTRUCTIONS & CHECKLIST ITEM NO.: DATE REcElf?: K 1 FILE NO.: ROUTED TO: 0 1- f R. c. -bIb g3 DO NOT WRITE ABOVE THIS LINE 20; REQUEST FOR LEGAL SERVICES c--.> = May I, 2007 = -, -- '~( Date: ~-_. Z.." ----l .~- ['J -<?~ To: Office of the County Attorney \~D :-~~ C-~ Attention: Jennifer Belpedio -:J -""'" c~ ___ From: Dianna Perryman., Contract Specialist =:J~ :::.r;l:. Purchasing Department, Extension 2667 ['J Re: Contract: #06-4047 "Eminent Domain Legal Services" Contractor: Fixel, Maguire & Willis BACKGROUND OF REQUEST: C: Jennifer Be/pedio, County Attorney's Office This contract was approved by the BCC on April 24, 2007; Agenda Item C/\Vb-~ 6\cx.~ ~" (. /1 O-!, oX OTHER COMMENTS: r~p (P'::? ~ Jennifer, please forward to the Chairman of the Boar~-ou~~~/' Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate " '>>- V notification when the documents exit your office. Thank you. y- X \'Y }1\/ G G 0,. if ~~? G. ~~ 16.K.1. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. 16Kl MEMORANDUM FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE RECEIVED MAY 18 2007 RISK MANAGEMENT TO: Wayne Fiyalko Risk Management Department DATE: May 17, 2007 RE: Review of Insurance for Contract: #06-4047 "Eminent Domain Legal Services" Contractor: Fixel, Maguire & Willis This Contract was approved by the BCC on April 24, 2007; Agenda Item 16.K.1. 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, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. S:/i}S-! 01 ~~/L"-~~ ~ ~ .wJ- dod/DP C: Jennifer Belpedio, County Attorney's Office 16Kl Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27th day of February, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Fixel, Maguire & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel"). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $250.00 per hour for all trial work and $220.00 per hour for non-trial work. Counsel shall be compensated at $65.00 per hour for paralegals providing services hereunder. 16K 1 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 16Kl The Consultant 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 Consultants; 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. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Reauirements: Holder and included as General Liability Policy. Collier County shall be listed as the Certificate an Additional Insured on the Comprehensive Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16Kl 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre-litigation planning, and may be fundamental in establishing future litigation and pre-litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration/termination of this Agreement, Counselor any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 16K 1 terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: ~~~)2pb-=t ATTEST: DWIGHT E. BROGK, Clerk %~~to~I'~~JI.C,L S1gnltUrt 0111 ~ WITNESSES: (1)~~ Signature r~..A~f /;/ ~ CLSJ PrintedfTyped Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: /2 / A/dJ! ~~o~man Fixel, Maguire & Willis By: (2) -1/J:.L~ -1 f~;--t~ {ku0o. rv1~H+\(U'...-t:. PrintedfTyped Name Item # lLa.U Approved as to form and legal sufficiency: Agenda ~, Date "R5.!. . ~O. ~~ .--'" Jennl r A. Belpedi Assistant County Attorney ~ Date (, -t.!-tq Rec'd 5 FIXEL & MAGUIRE Fax:8506819017 Ma~ 24 2007 13:52 Date: 5122/200"1 Frpm: Manueta Stakl!!S At RGVI FaxlO: "Qgers Gunter Vaughl"l Tc; Fixel, MaQuire & Wllis ACORD. CERTIFICATE OF LIABILITY INSURANCE !'I~Vr OA~~":~~ ""011$ CERTIFICATE IlIlaSUED AS A MATTER OF INFOftMi'.TION ONLY "NO CONFERS NO RIGHTS U,"OH TNE CERTIFICATE HOLDER. THIS CERTIFICATE DOEG NOT AMEND, EXTEND aA ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. p ODUeEA Raqere, QUDte~. Vau~~fi Xnsu~anoe , Ice. 1117 Tbomasvil1e Rd. Ta11ahaS&8e FL 32303 PhODe:850-3B6-l111 raK:BSO-385-9827 ....- rixel, WaguirA , Will~s 211 Sovth Qad.d8n seree~ Ta11ahassee r.L 32301 INSURERS AFFORDING COVERAGE INSlJRERA. XL S ialt J:1l.su~ant:.e INSLRER8: l~i:; INeUR8;! O. INSURER E. HAle#- COVERAGES THE PQ..ICIJ::e. O~ I~E L.151'EO ec::~ow K4.V~ ~=N ISSUED TO 11-E' INSLRED AAYiEO J.ElOVE FOFil TH5: F'OL1CY P!:Fl:IOO lNDICAreo. NOlWlT11ST~I~ AN'!' ~a..JIREi'/eNT. TEFil~ nR co,'l::JmCl'" Of ANY COI<lTRACT ~ OTM~ DOCl.HtNTWITW RespeCT TOWHID-t THIS ce~TI"'ICAre Mt>,Y 6!: ISSueD ~ ";\olo,y ~TAIN_ TI-fE INSl..R'NCE AFfl~cm SY 'T't-f ~OL:CIe:S CE:SCRIBE::O HEREIN IS SUElJECTTO Io.~L T'rE 1"eAA!S, !;XCllJaIONS.A/'Cl CCNDITION$ 01" SUCH PO~ICIa;. AGQlU':~~ LIMITS SHOWN MAY ~VE BEeN R~LCEO BY ~AID CI.AIMS ~ LTA NsAil TYPE OF INBURANCIi POU<;V NUMB" 0. M L..,. 1 CENiIW. llA8lLlT'1' EACH OCCUItIltENCE , ~_._,." P~~!SES(Eao~OQ) , Q.AJMS M6Df 0 OCClJR ME;O EX? (Any omt pArMi'll I PEReeNAL & /OlY'I1'N..uRY I GEiIIE~ AGGReGATE , : C.EN'L A.GM,En L1H1IT M'Frl7R PROOOCTS . COMPIOP AGO , ~'-~OLlC'l' ~ :...OC ~MOell,.ELIAIUUTY GOMBINEC SINGLE LlIwlIT I I4NYNJTO (E/l8~1~n1) - - ALL OWNEC ALlTOS B081L y IN.,I~'' I SCHEDULED AlITO:' (~r~..a1) - ,_u t HIRED/'IUT"Q5 BODilY IN..1.JRY (~rllC.Cl&-rll:l I NOI'lrC)'oNNEDAU1'OZ -. -~_._"_. - PRoPERT'( ~E I (PI1\'" ~l:t'i/M1"t1 ~~O'LI"""" PUro DNL Y - EA ACC[~ , ANY AUro OTHER:Tl-Wl ",.ce I i ALJTOON~Y I'GG , T~CE:1!I8I1.JMM1i:LLA LlA8fLlTY ISll.CH OCClMENCE: , '::j oee," [J w"IotS WDE AC-GREOAli' , , I f--.--_. =i DEOLCT1lll.e I ~mlQt, I I WQRK!ORt eOWI"IiH$.ATION AND lror.'vLIMI~ '" eMl"L.O'r'ERa'LIABLITY Ii.!... EACH ACCIOENt ANY PROfflIE'r'OOIPAATNEfilEXl'Clll"IVE , Off IGEfllf!lEMElER E:.XCI.IJDf:.L)? E:~. OISEA5E. !::AEMPLOYEE I g~2a,~.ei;~~v~~~ bobw E:L.OISEloSE-POLlC'l'.Ih.l1T I OTHE~ A profe.s10nal lIIoP9501752 01/01/07 01/01/08 ~cb ela"'" 1000000 L1abHitv Aaareqate 1000000 DEfJI;.."ON Of OPI=RATIOm (L.OCATlONS I ~1.E:S I !XCI.l,lBIONS ~~ BY ENDImS~ IliIPI!CIAL. PRO ~. fax 239-782-0844 C~RTIFlc.ATE HOLOER CANCELLATION c:o:t.LMA1' SHOLI..D AN'( OF lHC ABOVll OIiSORleEC "OL.ICI~ BE e'ANeB.L.iLl WORe THE ~plIU.TlON D....TE THeRIOOF, 'ntE IS&UIN~ IIII!lUJll.~ WJL.L eND~A.VClR TO WJL 10 "''''_ Collier county Goverumcnt - NOTICE TO THE CERT1FlCATi HOLDm NAMED TO 'I'H!:: L.I'!ff, Bl/l' ~.lItURl!! TO 00 AO aI-W..L Attn: Di.ana p8Lcon IIII~O&I! NO OBLIGATION OR L.lAilLm' OF A~ KIND UI"ON 'J1oIEl1N$V1tS1t l'T1l AI;;INT$ OR HOl ~ Tamiami Trail Maples I'L 341.a: R!!:!"RI5NiHTA."V8. ~~Ia!!!"ltEseNZ".AT'lVE <?:> ~~ 1\\o..c-. . . \.,. "CORD 25 (2001/08) e AcoRD CORPORATION 1988 FIXEL 8. MAGUIRE Fax:8506819017 Ma~ 242007 13:52 P.03 [)ate; 5lZ2f.lCtlI ~n;l;t: ,",M t"'iilge. OJ 1.11 ~ Fr",": Manuela stoke~ At. FtGVI fisx.IO: rtogel"9 Gunter vaughn To: Flxel, Maguire &. WIIi& IMPORTANT If the certificate hoider is an ADDITIONAL INSURED, the policy(ies) must be andorsed. A stotement on this certificate does not comer rights to the certificate holder in lieu cf such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require on endorsement. A statement on this certificate does nct confer rights to the cert~icote holder in lieu of such endorsement(s). DISCLAIMER The Certificote of insurance cn the rewrse side of this form does not const~ute a oontract betwean the issuing insurer,s), authorized representative or producer, and the cert~ic.te holder, nor does ~ affirmatively or negatively amend, extend cr alter the ooverage afforded by the pOlicies listed thereon. "CORD 2S (2001108) OS/25/2007 13:24 FAX 850 224 8413 JOE WILLIAMSON STATEFARM ~ 001/002 CERTIFICATE OF LIABILITY INSURANCE 1lAl1!1 OS/2512006 THIS CERTIFICATE IS ISSUED AS IIIlATTI:R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI: DOES NOT AIIIlEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jo 17 ~N~U Ir~L.P.HASSEE, n LL~ ilOAD FL 32303 ~ INSURED FIXEL, MAQUlRE, & WILLIS 211 5 GADSDEN ST TALLAHASSE~, FL 32301 INSURI:RS AFFORDING COVERAGE NAlC. INSURER~ State Farm FlOrida InSUl'ance ~SC?1ILpany 10'739 INSU~ER8; Stil:l.te Fe,rm Fir~ and Ca&l,1alt Com Iln ')5143 INSURER C: INSURER 0: INSUREiR E; COVERAGES THE POLICIES OF INSuRANCE LISTEO BeLOlJV WAVE SEEN ISSUED TO THE INSURED NAMeO ~BOVE FOR THE POLICY P~IOO INDICATEO. NO'l"WIn-tSTANDING ANY' ftEOUIREMENT, TERM OR CONDITKJN OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT "1'0 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIe.S DESCRIBEO HEREIN IS SU8JECTTO ALL Tt1E TERMS, EXCLUSIONS AND CONOmONS OF sue.., POLJCE5. AGGREGATE UMITS SHOVVN MAY HAVE BEEN "EDuCED BY PAID CLAIMS. - tlGR amn. .. -- -.-- POl,.ICYefncnVE' -~~,EXPIRATtON LlR INSRD TYPEOPW9URANCE POUCYNuaB!R DAT~.'M.w~" DA-n;jPI;;;.,~,yr UMITSi A l( ~!IW. UAILITY 98 PT-949;-5 e 05/15/06 05/15/07 IiACH OCCURRiNCE . 1,000,000 1~UU;lAL~ERAL.LIABIU"tY lfR"eQ1i~e re'.-OCW'N"~' . I CLAAMS!'MOI! D occu~ MEO EXP /Arri Dnll 081"&O1'l' . PeRSONAL" ADV INJURV '. GENERAL AGGREGATE . 2,000,000 (8ll,~1'EIMt'PI"Pl.ESI""fR I"ROOUCTS.COMPIOP ADG . '=ipoLle;n-~8r nLOC .!!:!fOU08ILI! LlAlILlTl' 98-11'1"-9493-5 8 05/15/06 05/15/07 COMBINED SINGU;; LIMIT 1,000,000 (&~ntl . - ANrAUTO - ALL OWNED AUTOS BODILY",JURY . (f>fiIrpsr1lOl'1) - SCHEOUl.ED AU1'OS ----- A l( !- HI~I) AUTOS 1I00lL Y INJURV . A X !!.- NOH-CNvNED AUTOS (Per8edclenl) PROPEATY DAMAGE . (pet~iIII'Il) =r~uTY AUTO OlllL v - EA ACCIDeNT . ANY AUTO OTHER "I"HAH EAACC :$ AUTOONl,.Y; AOI3 , p~IIIBRfSLL.ALIABIL,lTY EACH OCCURRENCE . OCCUR D CLAlM6 MADe MGREGATE . =i ~ECUCT18l.I . RETiNTIOlll . . B WORMRS QOIIPENU,TlON AND 98-TG-9296-3 F 06/23/06 06/23/08 l;;WO .TA~.I I OTM- 6JMI'L.OYERS" LWILrT'V OAT' WITS ER ANY PROPRDiTORIPARTNERaEOUTIVE Ii,'-, EACH ACCIDENT 500.000 OFFJCERlMEMDER aClUDED? l!.L. ClilIEASE "EA ~"'LOY1!E s 500,000 ~~Y~NSbeIlM !i.L, DISEASE - POLICY LIMIT . 500,000 OTHER OEICRIPT1ON OF OP'ERAll0NS I LQCAnotrtS' VEHICLES 1 gCLU9JONS ADOI!:D !IV I!NOQRSE..Etlr I 9PEelAL PROVISIONS 211 S GADSDEN S~ TAl.lJiliASSZE, FL 32301 1010 EXECUTIVE CTa oa STE 121 OilLANDO. FL 32803 CERnFICATE HOLDER COLLIZil COUNTY GOVERNMENT ATTN: DIANA DELBON BOAilO OF COUNTY COMMISSIONEilS 3301 TAMIAMI TRAIL NAPLES, FL 34112 CANCELLATION ~ IW'f Qf 11f'E ABOYI! DUCIUED PATE THstEOF, THI!S.ISSUING INSURER NOTlCI! 1'0 1"HE CERTlFtCATI!: HOu:II! AM!;D IMPOS!! NO OBLIGATION OR UA8I Of! AN REPRl!SelTATlVEG. AUTHORImD ....Jl,l"IVe JOE WILUAMSON 13:2841 ~ 3-2007 ereg t8 ann cell" .. 0 All rights reserved OS/25/2001 13:25 FAX 850 224 6413 JOE WILLIAMSON STATEFARM 16o~rol IUTI ,..11I A IN.U".....I[.~, IMPORTANT If the certificate holder is an ADDIT10NAL INSURED, the poIiCy(ieS) must be endorsed. A slatement on this certificate does not confer rights to the certiflC8le holder in lieu of such endorsement(s). \I SUBROGATION IS Wl'JvED, subjeCllD \he terms and conditionS of \he policY. certain policies may require an endorsement. A statement on this certificate does not confer lights to the certificate nolder in lieu of sucll endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized repr8$entatlVe or prodUcer. and the certificate holder. nor does it affirmatiVely or negativelY amend. extend or alter the COIIBrage afforded by the policies listed \hereon. ACORD 25 (1001/08) ...---.---.-.--. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO It' '-" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ' .:J 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 exception of the Chainnan's siQ11amre, draw a line throul!:h routinl2: lines #1 through #4, cOffiDlete 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 Bee Chairman's signature are to be delivered to the Bce office only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached cocnr'l ' 1/111 '\ o-rGte Phone Number 77Y' 2,"J. /G k:5 L{ Yes (Initial) N/A(Not A licable) Agenda Item Number o.pplICoJ,Q'l S Number of Original Documents Attached Atf JtJA All t; :,ef'V\'ce 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whicbever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by tbe BCC on ~ 0 (enter date) and all changes made dnring the meeting have been incorporated in the attached document. The Coon Attorne'8 Office has reviewed the chan es, if a licable. NIl; /ff 2. 3. 4. 5. 6. I: Formsl County Forms! BeC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16K3 MEMORANDUM Date: April 26, 2007 To: Wanda Rodriguez Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Service Mark Applications Enclosed please find one (1) copy of the agreement document (Agenda Item 16K3) as referenced above, approved by Board of County Commissioners on Tuesday, April 24, 2007. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure 16l(., OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM DATE: Sue Filson, Executive Manager, BCC Patricia Morgan, Clerk to the Board Heidi F. Ashton, Assistant County Attorne~ April 25, 2007 TO: FROM: RE: Service Mark Applications Please find attached four original applications for the registration of service marks: two Applications for the Registration of a Service Mark with the State of Florida, and two Trademark/Service Mark Applications for registration with the United States Patent & Trademark Office. The Board of County Commissioners authorized the preparation and submittal of said applications on April 24, 2007, as Item 16K(3). Please have the applications executed and note that the two state applications must be notarized. I understand that you have a notary in your office, however if for some reason your notary is unavailable, I can arrange for a notary from our office to assist you. Please contact my assistant, Wanda Rodriguez, at ext. 8123 for pick-up of the original documents when ready. Upon receipt of the original executed applications, our office will proceed with submittal to the State of Florida and United States Patent & Trademark Office, respectively. If you have any questions, please contact me at 774-8773. Thank you for your assistance. HFAlwr Enclosures cc: Jack Wert, Tourism Director David C. Weigel, County Attorney COVER LETTER 16/( 3 TO: Registration Section Division of Corporations SUBJECT: Paradise Coast Blueway (Mark to be registered) The enclosed Trademark/Service Mark ApplIcation, specimens and feels) are submitted for filing. Please return all correspondence concerning this matter to the following: Heidi F. Ashton, Assistant County Attorney (Name of Person) Collier County Board of County Commissioners (Finn/Company) 3301 East Tamiami Trail (Address) Naples, FL 34112 (City/State and Zip Code) For further information concerning this matter, please call: (Name of Person) at( 239 ) 774-8400 (Area Code & Daytime Telephone Number) Heidi F. Ashton MAILING ADDRESS: Registration Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 STREET/COURIER ADDRESS: Registration Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 (NOTE: The information contained in this cover letter will be included in the permanent record and will be available to the general public.) APPLICATION FOR THE REGISTRA nON OF A TRADEMARK OR SERVICE MARK PURSUANT TO CHAPTER 495, FLORIDA STATUTES TO: Division of Corporations Post Office Box 6327 Tallahassee, FL 32314 16/(, PART I 1. (a) Applicant's name: Collier County (b) Applicant's business address: 3301 East Tamiami Trail Naples, FL 34112 City/State/Zip If different, Applicant's mailing address: City/State/Zip (c) Applicant's telephone number: ( 239 ) 403-2402 D Individual D Corporation DJoint Venture D General Partnership D Limited Partnership DUnion D Limited Liability Company IZI Other: government If other than an individual, (l) Florida registration/document number: N/ A (2) Domicile State: Florida (3) Federal Employer Identification Number: 21-00-019995-53C 2. (a) If the mark to be registered is a service mark, the services in connection with which the mark is used: (i.e., furniture moving services, diaper services, house painting services, etc.) tourism services (b) If the mark to be registered is a trademark, the goods in connection with which the mark is used: (i.e., ladies sportswear, cat food, barbecue grills, shoe laces, etc.) N/A (c) The specific way the mark is applied to the good(s) or used in advertising:(i.e., labels, decals, newspaper advertisements, brochures, etc.) advertisements in print, television and other media; letterhead, envelopes, business cards; website; signs, maps, brochures, banners, newsletters and other communication vehicles; clothing and other promotional materials d) I he Class(eS) m whIch goods or services tall: 35 - advertising (Continued) PART II I. Date first used by the applicant, predecessor, or a related company (must include month, day and year): (a) Date first used anywhere: January 10, 2007 (b) Date first used in Florida: January 10, 2007 16/(3 PART III I. The mark to be registered is: (If logo/design is included, please give brief written description which must be 25 words or less.) a horizontal oar with two horizontal wavy lines superimposed, above "Paradise Coast," above "Blueway" English Translation 2. DISCLAIMER (if applicable) NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE TERM" "Paradise Coast", "Blueway" "APART FROM THE MARK AS SHOWN. James Coletta, Chairman of the Board of County Commissioners I, , being sworn, depose and say that 1 am the owner and the applicant herein. or that 1 am authorized to sign on behalfof the owner and applicant herein, and to the best of my knowledge no other person except a related company has registered this mark in this state or has the right to use such mark in Florida either in the identical form thereof or in such near resemblance as to be likely, when applied /0 the goods or services of such other person to cause confusion, to cause mistake or to deceive. 1 make this affidavit and verification on my/the applican(, behalf 1 jUrther acknowledge that 1 have read the application and know the contents thereof and that the facts stated herein are true and correct. STATE OF Florida COUNTY OF Collier Onthis 2foTh dayof-BfY"<'\ appeared before me, B who is personally known to me / ATTEST: DWIGHT E. SROCK, CLERK . ~4~~'k ~ ~tY Cler~ es ~s to. hdlr.l<.lll slgnlltureool'" . ,--.'\ . ~/ 2007 James Coletta ,-, personally D whose identity I proved on the basis of (Seal) ~b~l..~ ot U Ie SIgnature Notary's Printed Name My Commission Expires: FILING FEE: $87.50 per class ",~~~,,,'H "1J~:'... SUE Ffl$ON t.'.' '. ""; Notary Publlc ' Stale or F....~- .. . . ....Co iIb ~ouu ';..... . :.ny 111"1 I~~_ ~ ~'" ~'<~ c .,...-..Y"Ig ....~ ~ ,,'f.('" ommlsslon " 002719" . ,,,,,,,, 8ondecI8yNaIlonal~;"" A..._w,>4 . ~r- ~'T';; ""-''''',' ".;,,111,-.1('''''....... .""t'I'I""..ev '.3D \J I~ '~"''''''H'''~ ,l "...wo. p~ ounty Attorney ~ARADISE COAST BLUEWAY Next Meeting Paradise Coast Blueway Ground Truthing Project Thursday, January 11, 2007 East Naples Library, 6:30 PM For more information, call us at 239-403-2384 or visit www.ParadiseCoastBluewaV.com 16K3 ~ PARADISE COAST BLUEWAY 16K3 Paddlers Needed! Paradise Coast Blueway Ground Truthing Project We need your help surveying the prospective trail route and verifying GPS waypoints. To volunteer, please call us at 239-403-2379 Bring your Kayak or Canoe and join us afterwards for a paddle through one of the day trips on the trail! Need a rental? Contact Everglades National Park Boat Tours. For more information, call us at 239-403-2384 or visit www.ParadiseCoastBluewaV.com ~ARADISE COAST BLUEWAY 16/(3 Come Join the Fun! Ribbon Cutting and Opening of Paradise Coast Blueway Phase 1- Ten Thousand Islands Saturday, October 20, 2007 Bring your Kayak or Canoe and join us afterwards for a paddle through one of the day trips on the trail! Need a rental? Contact Everglades National Park Boat Tours. For more information, call us at 239-403.2384 or visit www.ParadiseCoastBluewaV.com 3050 North Horseshoe Drive # 218 - Naples, FI 34104 Phone: 239-403-2379 -Fax: 239-403-2404 ParadiseCoastBlueway.com COVER LETTER 161(3 TO: Registration Section Division of Corporations SUBJECT: Paradise Coast Blueway The Collier County Paddling Trail (Mark to be registered) The enclosed Trademark/Service Mark Application, specimens and fee(s) are submitted for filing. Please return all correspondence concerning this matter to the following: Heidi F. Ashton, Assistant County Attorney (Name of Person) Collier County Board of County Commissioners (Firm/Company) 3301 East Tamiami Trail (Address) Naples, FL 34112 (City/State and Zip Code) For further information concerning this matter, please call: Heidi F. Ashton (Name of Person) at ( 239 ) 774-8400 (Area Code & Daytime Telephone Number) MAILING ADDRESS: Registration Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 STREET/COURIER ADDRESS: Registration Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee. FL 3230 I (NOTE: The information contained in this cover letter will be included in the permanent record and will be available to the general public.) 16K3 APPLICATION FOR THE REGISTRATION OF A TRADEMARK OR SERVICE MARK PURSUANT TO CHAPTER 495, FLORIDA STATUTES TO: Division of Corporations Post Office Box 6327 Tallahassee, FL 32314 PART I 1. (a) Applicant's name: Collier County (b) Applicant's business address: 3301 East Tamiami Trail Naples, FL 34112 City/State/Zip If different, Applicant's mailing address: City/State/Zip (c) Applicant's telephone number: ( 239 ) 403-2402 D Individual D Corporation DJoint Venture D General Partnership D Limited Partnership DUnion D Limited Liability Company [(] Other: government If other than an individual, (l) Florida registration/document number: N/ A (3) Federal Employer Identification Number: 21-00-019995-53C 2. (a) If the mark to be registered is a service mark, the services in connection with which the mark is used: (i.e., furniture moving services, diaper services, house painting services, etc.) (2) Domicile State: Florida tourism services (b) If the mark to be registered is a trademark, the goods in connection with which the mark is used: (i.e., ladies sportswear, cat food, barbecue grills, shoe laces, etc.) N/A (c) The specific way the mark is applied to the good(s) or used in advertising:(i.e., labels, decals, newspaper advertisements, brochures, etc.) advertisements in print, television and other media; letterhead, envelopes, business cards; website; signs, maps, brochures, banners, newsletters and other communication vehicles; clothing and other promotional materials d) [he class(es) III whIch goods or servIces tall: 35 - advertising (Continued) PART II 16 K 3 I. Date first used by the applicant, predecessor, or a related company (must include month, day and y~r): (a) Date first used anywhere: January 10,2007 (b) Date first used in Florida: January 10, 2007 PART III 1. The mark to be registered is: (Iflogo/design is included, please give brief written description which must be 25 wordS or less.) a horizontal oar with two horizontal wavy lines superimposed, above "Paradise Coast," above "Blueway," above a solid rectangle with "The Collier County Paddling Trail" superimposed English Translation 2. DISCLAIMER (if applicable) NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE TERM" "Paradise Coast", "Blueway", "Collier County", "paddling trail" " APART FROM THE MARK AS SHOWN. James Coletta, Chairman of the Board of County Commissioners !, . being sworn, depose and Stry that! am the owner and the applicant herein, or that! am authorized to sign on behalf of the owner and applicant herein, and to the best of my knowledge no other person except a related company has registered this mark in this state or has the right to use such mark in Florida either in the identical form thereof or in such near resemblance as to be likely, when applied to the goods or services afsuch other person to cause confusion, to cause mistake or to deceive. ! make this affidavit and verification on my/the applicant's behalf ! further acknowledge that! have read the application and know the contents thereof and that the facts stated herein are true and correct. STATE OF Florida COUNTY OF Collier ,-, ATTEST: , ~~;~~i,u At~~t(ls c.tbet~41""" , $19ft4Wre on1" , , personally On this ;;t0tiJ day of appeared before me, ~ who is personally known to me Rpr;l 2007 James Coletta o whose identity I proved on the basis of ~~ (Seal) Notary's Printed Name My Commission Expires: c .:~:.':.~ Notary Public. Stale of Florida .. ;JMfCa-nmooonExples-"P28,2OOl "':,rO~f~rt,~~' Commission # 00277943 """'" Bonded By Nallonal Notary AIIn. FILING FEE: $87.50 per class -.' .<, :"-: >'3.: ~'\l)fi'lclon<<N ..,"~ .i!i c o ~~ ~~ '-' '-' '" '" W ...0 ...0 ;,; E E ~ ~~ E :0 :0 ~ C Z Z -c Z '" ~ 2 2 c ~ :0 0 :0 d1 '0 0 ...c W "" a. E '" ~ E ~ .0 ,!1 w c .= z ~ o Q.. o c: o .0, Q) '" 0- .~ 0'" U M -ELi (; Z ~' Q) D- o 0 z o I "0 o .:..o~ .c c: u'j 0 -:;; Q) OJ --E c: c: '> '-" ~o Q) 0 "00 Q) "' u ;; " ~ Wo E c: .2 0 </} 'en " OJ u '" Q) -E .~ 00 ..... U a--E a ~ N 0 ",Z ~ -' >-0 6 I ~15 ..g:.i: ....u'j >. -" .Q c: 6 l" E o u ~ --E c: ~ .2 ~ o OJ 0:: E o v :>.. ~ '" :0 -!! ~ 8 ~ .~ "0 C ~ &. ~ -'" (; Q.. . ..... '" '" 00 ..:r '" 0.. M N )( C .... ~ o a a a '<t ..:r '" N 0.. M N ili c o ..r;;; a. '" ~ 16K3 . .S! c ii "5 E ~ 0 .S! .E Ql -'" ,S1 i Jj Ql U .S: 0 Z .S! c ii ;,; 0 11 z E ~ ~ .S! .E Ql U Iii .C - 8. on Jj Ql on ~ " ~ 2 u 0> II .~ c: oS .~ =a - z ...Q " 0 ..f! 0 on a. on C " OJ C .0 Qi cE 0 .0 D- E ~ >. D- " f.= 11 ..f! c: on Ql N. >. 2 c: (; Ol ~ ~ ~ 0 i " OJ a. c: " .C Ql 0 ~ Vl " u D- "" 0< - c: 0 on .;: Vl .2 on " " Ci c: ~ D- Ql Ql Ql 0 .C :~ <.9 -f' 0 0< D- 8. a. c on -f' -f' -'" 1 .2 )( " c ~ LJ.J .>0 c: .~ .~ 0 ,S1 '5 0 .0 on .0 E Ql ~ U D- on on Ol oS ~ t-'= 0 Ql Ql " Ol OJ Vl OJ OJ c: OJ "5 ~ " D- on on .s Vl D- f.= <.9 ~ ~ 16K; t: ~ LJ.J ~ARA[)I~'f. COAST BLUEWAY 161(.3 r''''I''''il~''' ., . " t ~ n~ ',k~h,~f"f,,~~3, . .f;;tAil_;!;_,J::4f":<{",~'l::' _ ;'>f"": _ Paddlers: Please respect these grounds. Remember - Take only pictures, leave only footprints. For more information, call us at 239-403-2384 or visit www.ParadiseCoastBluewaV.com ~ARADISE COAsr BLUEWAY 16K3 i~t~1~.Tt!1~' .r1.",j- .~~~,~ ~!"i~4J.j.~,.f'W;.~,~>~'X:i ,..(i,'*!1 Paddlers: Welcome to the Paradise Coast Blueway, Trail #1 If you are unfamiliar with the area or the trail please use the charts below to familiarize yourself Enjoy! For more information, call us at 239-403-2384 or visit www.ParadiseCoastBluewaY.com 16K3 -TRADEMARK/SERVICE MARK APPLICATION (15 U.S.C. SS 1051, 1126(d)&(e))- -To the Commissioner for Trademarks- <APPLICANT INFORMATION> <Name> Collier County <Street> 3301 Tamiami Trail East <City> Naples <State> Florida <Country> United States <ZiplPostal Code> 34112 <Telephone Number> (239) 774-8400 <Fax Number> (239) 774-0225 <e-Mail Address>HeidiAshton@colliergov.net <APPLICANT ENTITY INFORMA TION>-Select only ONE- <Individual: Country of Citizenship> <Corporation: State/Country of Incorporation> <Partnership: State/Country under which Organized> <Name(s) of General Partner(s) & Citizenship/Incorporation> <Other Entity Type: Specific Nature of Entity> Collier County, a political subdivision of the State of Florida <State/Country under which Organized> Florida <TRADEMARK/SERVICE MARK INFORMATION> <Mark> The mark may be registered in standard character format or in special form. Applicant must specify whether registration is sought for the mark in standard character format or in a special form by entering "YES" in the appropriate space below. <Standard Character Format> The mark is presented in standard character format without claim to any particular font style, size or color. Enter YES, if appropriate <Special Form Drawing> Enter YES, if appropriate Yes ATTACH a separate piece of paper that displays the mark you want to register (a "drawing''page), even if the mark is simply a word or words. Display only the exact mark you want to register on the additional piece of paper. Do not display advertising material or other matter that is not part of the mark Please see additional HELP instructions. PTO Fnl1111478 (REV 01i05) OMB Cllllllnl No_ 0651-0009 (E'p_ 8131120(1) t:S, DEPARTMENT OF COMMERCE/P~I~111 amI Tr~dcmar~ Offl<:e rtlt're i~ au tt",-!uiren"'l1l In respollU hl rhis c"lle<:I~'n "f int'1rI1lillioll u!1le" " clIlTemly v:lli<JOMB numn.., "JisplayeJ 16f(3 <BASIS FOR FILING AND GOODS/SERVICES INFORMATION> <Use in Commerce: Section l(a)>-.Applicant is using ar is using thraugh a related campany the mark in commerce an or in connection with the below-identified goods and/orservices (15 U.s.e. ~ 1051(a)).- <International Class Number(s)> 35 <Listing of Goods and/or Services>-List in ascending numerical class order. Please see sample in HELP instructions.- Advertising, marketing and promoting tourism in Collier County, Florida <Date of First Use Anywhere> January 10, 2007 <Date of First Use in Commerce> January 10,2007 -Submit one (1) SPECIMEN for each international class showing the mark as used in commerce.- <Intent to Use: Section I(b)>-AfJplicUI/! 1/(/,\ a !JulIl!/ide il/lelltiul/lO IIse ur IIse Ihrollgllll IL'!U/Ct! cOliIlHlIlY lIu; lIIud. III ('O/lllllC/"ce Oll or in connectioll IV/Iii ,he hc!o\\'-idclllijled goods olld/o! ,H'ITices ( J 5 US. C .~' j()5! (b)).- <international Class Number(s)> <Listing of Goods and/or Services>~List ill ascendiug 1lumerical class order. Please see sample ill HELP illstrllctiolls.- <Foreign Priority: Section 44((I)>-/\P/J!icc//I{ Iws (/ hOlla/ide ill/ClItioll to 11.'11..' {IIC IIldl"k ill COII/II/I'/n' Oil or;/I ('()JIIlc'cfioll vvith the belOlv-idel1tljied goods/services. alld asserts a clailll (~lpr;()rif~\' based {(POll afordgll ojJpliC(/lioil ill accordallce \\'illl J 5 USe. .Ii 1126(d).- <International Class Number(s)> <Listing of Goods and/or Serviccs>-List ill ascending Illwzerical class order. Please see sample inlIELP illslructiolls.- <Country of Foreign Filing> <Foreign Application Number> <Date of Foreign Filing> <Foreign Registration: Section 44(e)>-Applicant has a bona fide intention to use the mark in commerce on or in connection with the below-identified goods/services based on registration of the mark in applicant '5 country of origin.- <international Class Number(s)> <Listing of Goods and/or Services>-List in ascending numerical class order. Please see sample in HELP instructions.- <Country of Foreign Registration> <Foreign Registration Number> <Foreign Registration Date> <Foreign Registration Renewal Date> <Foreign Registration Expiration Date> -Submitforeign registration certificate ora certified copy of the foreign registration, in accordance with 15 U.S.c. * 1126(e).- 16K3 <FEE INFORMATION> $375.00 x <Number of Classes> I = <Total Filing Fee Paid> $375.00 <SIGNATURE INFORMATION> - Applicant requests registration of the above-idelltified mark in the United States Patent and Trademark Office on the Principal Register established by Act of July 5, 1946 (/5 us. c * 1051 et seq,) for the above-identified goods and/or services. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 9 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C, 9 1051 (b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; an at a statements made infor ion and belief are believed to be true.- / "..\.: ':, " <Date> ATTEST: DWIGHTF;. ~~OCK. CLE~ '~~~~lutL C I 0eP.U't..J t 1 e.rk C:'" >,' <N ame> James 0 etta Atte'U J'. to. n4 I"1I4Il , <Title> Chairman of the Board of County Commissioners, Collier County, Florida ,1 onature on 1- ~o r liB\;, :'.if ...~--"=~".- c;7 -Signature- <CONTACT INFORMATION> <Name> Heidi F. Ashton, Esquire <Company/Firm Name> Collier County Office of the County Attorney <Street> 3301 Tamiami Trail East <City> Naples <State> Florida <Country> United States <Zip/Postal Code> 34112 <Telephone Number> (239) 774-8400 <Fax Number> (239) 774-0225 <e-Mail Address>HeidiAshton@colliergov.net The information collected on this form ;11lows the PTO to delermine whether a mark may be registered on the Princip<ll or Supplemental Register, and provides notice of an applicant's claim of ownership of the mJrk, or bona fide inlent to use the mark in commerce Responses to the request for informltion are required to obtain the benefit of a registration on the Principal or Supplemental Register 15 U.s.e. *~ 1051 et seq. and 37 C.ER. Part 2. All information collected will be made public. Gathering and providing the information will require an estimated seventeen to twenty-three minutes, Please direct comments on the time needed 10 complete this form. and/or suggestions for reducing this burden to the Chief Information Officer, US. Patent <lnd Tr>ldemark Offil;e, US Department of Commerce, Washington D.C 20231, Please note that the PTO /TillY not conduct or sponsor a collection of information tlsing a form thai does not display a valid OMB control number. (See hottom left side of this form) 16g3 DRAWING PAGE Applicant's Name: Collier County Correspondence Address: 3301 East Tarniami Trail, Naples, FL 34112 Goods and Services: advertising, marketing and promoting tourism in Collier County, Florida Date of First Use: January 10, 2007 Date of First Use in Commerce: January 10, 2007 Disclaimer: No claim is made to the exclusive right to use the terms: Paradise Coast, Blueway, apart from the mark as shown. The Mark: PARADISE COAST BLUEWAY ~ARADISE COAS r BLUEWAY 16((3 April 8, 2007 Elizabeth Arlington 1103 Green Valley Houston, TX 77055 Dear Elizabeth, Thank you for your recent inquiry regarding the status of the Paradise Coast Blueway. We are currently working on setting GPS waypoints for the trail and hope to have a map and informational guide out very shortly. I'll be sure to add you to the list and send you one after they are printed. Sincerely, JoNell Modys PR & Communications Manager Naples, Marco Island, Everglades CVB 3050 North Horseshoe Drive # 218 - Naples, FI 34104 Phone: 239-403-2379 -Fax: 239-403-2404 ParadiseCoastBlueway.com 16l("4 if ;", .".;1 -TRADEMARK/SERVICE MARK APPLICATION (15 lJ.S.c. ~~ 1051, 1126(d)&(e))- -To the Commissioner for Trademarks- <APPLICANT INFORMATION> <Name> Collier County <Street> 3301 Tamiami Trail East <City> Naples <State> Florida <Country> United States <Zip/Postal Code> 34112 <Telephone Number> (239) 774-8400 <Fax Number> (239) 774-0225 <e-Mail Address>HeidiAshton@colliergov.net <APPLICANT ENTITY INFORMA TION>-Select only ONE- <Individual: Country of Citizenship> <Corporation: State/Country of Incorporation> <Partnership: State/Country under which Organized> <Name(s) of General Partner(s) & Citizenship/Incorporation> <Other Entity Type: Specific Nature of Entity> Collier County, a political subdivision of the State of Florida <State/Country under which Organized> Florida <TRADEMARK/SERVICE MARK INFORMATION> <Mark> The mark may be registered in standard character format or in special form. Applicant must specify whether registration is sought for the mark in standard character format or in a special form by entering "YES" in the appropriate space below. <Standard Character Format> The mark is presented in standard character format without claim to any particular font style, size or color. Enter YES, if appropriate <Special Form Drawing> Enter YES, if appropriate Yes ATTACH a separate piece of paper that displays the mark you want to register (a "drawing''page), even if the mark is simply a word or words. Display only the exact mark you want to register on the additional piece of paper. Do not display advertising material or other matter that is not part of the mark Please see additional HELP instructions. PTO FUnlll478 (REV OIIOSI OMBClIlrn,j No, 0651-()()()q IE~r 8/31/20011 U.S DEPARTMENT OFCOMMERCEfP"t~nl ~IlJ Tradelllark Oft'ic~ nlt:r~ io; "" "'<.jui"'J11~nlllJ r~sp"",l to this ~ollel:lj"n ur illt;'nnat~Hl Lml",;"" ClllT~lllly v~hoJ OMB Ilumher i~ di,pluyeLl 16K3 <BASIS FOR FILING AND GOODS/SERVICES INFORMATION> <Use in Commerce: Section l(a)>-.Applicant is using or is using through a related company the mark in commerce on or in connection with the below-identified goods and/or sen'ices (15 u.s.c. 9 1051(a)).- <International Class Number(s)> 35 <Listing of Goods and/or Services>-List in ascending numerical chlSs order. Please see sample in HELP instructions.- Advertising, marketing and promoting tourism in Collier County, Florida <Date of First Use Anywhere> January 10, 2007 <Date of First Use in Commerce> January 10,2007 -Submit one (1) SPECIMEN for each international class showing the mark as used in commerce.- <Intent to Use: Section l(b)>-App/icant has ([ bOil {(fide il/tellfioll fo lIse or lIse through (I rdllled COlli/HillY lhe II/ark ill COlll/llerce on or ill CO/lllcct;OIl Ivith the helm! -identified goods (llId/or selTices (J 5 l/.S.C. ,-} f05/(h)).- <International Class Number(s)> <Listing of Goods and/or Services>-List in ascending numerical class order. Please see sample in HELP instructions.- <Foreign Priority: Section 44(d)>-Aeplic({lIf has (( hrJ//ofidc ;mentioll to /lse the !/i(//"k ill COIlllllace Oil OF ill cO/lllectioll with the below-identified goods/serl'ices, alld asserts (/ claim of priority based upon afore('<1l opplicmiolllll accordance lvilll 15 U.s.e. ~ 1126(d).- <International Class Number(s)> <Listing of Goods and/or Services>-List in ascending numerical class order. Please see sample iu HELP instructions.- <Country of Foreign Filing> <Foreign Application Number> <Date of Foreign Filing> <Foreign Registration: Section 44(e)>-Applicant has a bonafide intention to use the mark in commerce on or in connection with the below-identified goods/services based on registration of the mark in applicant's country of origin.- <International Class Number(s)> <Listing of Goods and/or Services>-List in ascending numerical class order. Please see sample in HELP instructions.- <Country of Foreign Registration> <Foreign Registration Number> <Foreign Registration Date> <Foreign Registration Renewal Date> <Foreign Registration Expiration Date> -Submit foreign registration certificate ora certified copy of the foreign registration, in accordance with 15 U.s.e. ~ I/26(e).- 16K3 <FEE INFORMATION> $375.00 x <Number of Classes> I = <Total Filing Fee Paid> $375.00 <SIGNA TURE INFORMATION> _ Applicant requests registration of the above-identified mark in the United States Patent and Trademark Office on the Principal Register established by Act of July 5. 1946 (15 US. c. Ii 1051 et seq.}for the above-idelltified goods and/or services. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. S 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademarklservice mark sought to be registered, or, if the application is being filed under 15 U.S.C. S 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusl~r to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; a~t/ all statem~ets ma~n i m io~ nd belief are believed to be trl!!'I.,.. .; , ( j, j} ~ ;' /:2 ATTEST;,."""_ -Signature- / / L.- - _/ OW I GHT i., 13'~K ,c.L E RK .1a~~~ D4t1>.\j:t y c 1 ~.k Attht~fto 0141 S191l4tare OIIh <Date> /;; / <Name> "s Coletta <Title> Chairman of the Board of County Commissioners, Collier County, Florida - . <CONTACT INFORMATION> <Name> Heidi F. Ashton, Esquire <Company/Firm Name> Collier County Office of the County Attorney <Street> 3301 Tamiami Trail East <City> Naples <State> Florida <Country> United States <Zip/Postal Code> 34112 <Telephone Number> (239) 774-8400 <Fax Number> (239) 774-0225 <e-Mail Address>HeidiAshton@colliergov.net TIle information collected on this form ~I]ows the PTO to determine whether <l mark may be registered on the Principal or Supplemental Register. and provides notice of an applicant's claim of ownership of the mark, or bOM fide intent to use the mark in conunerce. Responses to the request for information are required to obtain the benefit of <l registration on lhe Principa] or Supplementa] Register 15li.S.C ~& ]05] el seq. and 37 C.FR. Part 2. All information co]lected will be made public. Gathering and providing the information will require an estimated seventeen to twenty-three minutes Please direct corrunents on the time needed to complete this form. and/or suggestions for reducing this burden to the Chief Information Officer. U,S. Patent and TrJdemark Office. l'S Department of Commerce, Washington D,C. 20231. Please note that the PTO may not conduct or sponsor a collection of inform:ltion using a form that does not display a valid OMB control number. (See bottom left side ofthh form) 16K3 DRAWING PAGE Applicant's Name: Collier County Correspondence Address: 3301 East Tamiami Trail, Naples, FL 34112 Goods and Services: advertising, marketing and promoting tourism in Collier County, Florida Date of First Use: January 10,2007 Date of First Use in Commerce: January 10,2007 Disclaimer: No claim is made to the exclusive right to use the terms: Paradise Coast, Blueway, Collier County, paddling trail, apart from the mark as shown. The Mark: PARADISE COAST BLUEWAY , THE COlLIER COUNTY PADDLING TRAil ~ o ~~ ~~ ;.: ;.: Q) .is 0; ...0 ~ E E ~ ~~ . E ::> Q) C ::> Z ~ Z " Z Q) ~ Q) 2 c: ~ - ::> 0 ::> 0 .0 ~ J:; 0; "" c. E Q) ~ E .0 ~ , .0 UJ C ~ Z ~ ~ ~ 0 0.. 0 c 0 rn (j) '" .9? C>- o ~ U M --E ~ u.. ~ ~- 0 Z (j) [i 0 0 - Z 0 I -0 0 - 0 .,9 '" -<: c x 2 w (j) ~ (J) --E c c ): :.:; ~ 0 ~ (j) 0 -0 0 (j) '" u '): ~ :v ~ ~ 0 0.. :v 0 E c 2 Q ~ (J) " (j) u '" (j) ~ --E 0 0 ..... u 0 --E 0 N 0 '" Z - >- 0 ~ I 0 "= ::> ~ -" ..c L (j) x u.. w >- .2 -" c -e 6 E 0 0 u ~ --E c ~ .2 (j) ~ 2 0:: 16K3 E o v ,:.. C ~ ::> ~ ~ o o ~ ~ 'i5 c 8- I . ..... '" -0 co .... ~ '" d- M N )( C u.. . o o o -.r .... '" N d- M N 0; c: o -a. .. tS! 16K3 t: ~ LJ.J .S1 0 il E "'5 .2! 0 .s Q) -'" ~ t: 8- )( " LJ.J U .;: 0 z .S1 0 il ;.; 0 ] z E .S1 .s " u c: " '" " -:;; a. Q) J:i '" ~ " Q) ~ .s! u 1l .~ c: c: .~ -c '0 Z ..2 -c .2 0 '" a. ;,; C " :> C '0 Qi cE 0 .0 0- E ~ >-. 0- -c ;,; >= Qj .2 c: >-. 2 c: -0 Cl ~ .S1 Q) N. ~ 0 0 i 1l :> a. ," " '" 0 -'!! V') -c u a. "" a< .0 c: 0 - " '" .C V') '" -c Ci c: 0- Q) Qj Q) 0 ." 0 ~ 19 ...I:: 0 a< 0- 8- a. ..z:: - )( 0 "'ii '" --E --E -'" ] .E LJ.J .:<! C ~ c: .~ .~ 0 .2 ~ 0 .0 '" " .0 E Q) ~ U 0- '" '" Cl ..!: ~ ..= "0 Q) Q) -c Cl :> V') :> :> c: :> "'5 ~ -c 0- '" '" ..'3 0- >= 19 ~ ~ V') COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) l?A j , To: Clerk to the Board: Please place the following as a: i:8I Normal legal Advertisement (Display Adv., location, etc.) D Other: ******************************************************************************.*************************** Originating Dept/ Div: Grants/Administrative Services Person: Marlene F aord Date: March 28, 2007 Petition No. (If none, give brief description): Ordinance Amending Ordinance 2003-39, also known as the Dori Slosberg Driver Education Ordinance, as codified in Sections 2.241 through 2-456 of the Code of Laws and Ordinances in order to increase the surcharge that the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty, change references to "traffic" education to "driver" education programs, further clarify that funds are to be used to enhance, not replace driver education program funds and stipulate that each program receiving funds require a minimum of 30 percent of a student's time in the program be behind-the-wheel training; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. Petitioner: (Name & Address): Marlene Foord, Grant Coordinator, Administrative Services Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attacb separate sbeet) Hearing before X BCC BZA Other 'i.-J-\ Requested Hearing date: (Based on advertisement appearing 10 days before bearing. April fll, 2007 Newspaper(s) to be used: (Complete only if important): i:8I Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition( s), if any & proposed hearing date: Reviewed by: . i~ . ~9f!rihd VL Division ~ .. strator or Designee Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: I ,~ 1110. 1.0:5' lJ,.lO :SlW ()1- DISTRIBUTION INSTRUCTIONS Date List Attachments: A. For hearings before BCC Of 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 Ille: to Clerk's Office D Requ..ting 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 Ui21 <f~)i. I./L (\ I '\\1 \.....1~ ~ l~~ Date Received: ~.te of Public hearing: ~-rDate Advertised: ~v...,. ORDINANCE NO. 2007 -_ AN ORDINANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2-241 THROUGH 2-456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM 53.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO "TRAFFIC" EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIN[)"THE-WHEEL TRAtNING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVtDlNG FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance 2003-39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the Clerk of the Circuit Court to conect an additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used to fund the direct education expenses of traffic education programs in both public and non-public high schools; and WHEREAS. recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori ,Slosberg Driver Education Safety Act", authorize the Board of County Commissioners to amend the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as well as several other modifications to clarify intent and criteria; and WHEREAS, the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect an additional surcharge and make minor program modifications. NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION 1: Collier County Ordinance No. 2003-39 is amended as follows: SECTION THREE: COLLEcrION OF SURCHARGE (I) Pursuant to ~ 318.1215 Fla. Stat., a IlIr... d.lI.r ([3.99) five dollar 1$5.00) surcharge shall be added by the Collier County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non-moving civil traffic violation. (2) The th... d.llar (S3.99) five dollar 1$5.00) surcbarge sball be in addition to any fine, civil penalty or other court cost and will not be deducted from the proceeds of 10f3 17A .., ~ l7A that portion of any fine or civil penalty which is received by Collier County in accordance with ~p 16.660 and 318.21 Fla. Stat. (3) The throe dellor (g3.GO) five dollar ($5.00) surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing. or paid after hearing and detennination by the court. SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED (1) The Clerk shall collect the tRroe dellor (g3.QQ) five dollar ($5.00) surcharge in accordance with ~ 318.1215 Fla. Stat. (2) All funda collected pursuant to this Ordinance shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of ~ driver education programs in both public and non-public high schools. (2) All funds collected shall be used exclusively to supplement (enhance and not renlace) funding for direct education expenses ofRtlte driver education programs in both public and non-public high schools. (3) Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses. SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED (1) The County Manager, or his designee, with direction from the Board of County Commissioners, in accordance with ~ 318.1215 Fla, Stat" and with the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the tFaffi& driver education program. (2) Procedures for disbursement of the funds collected pursuant to this Ordinance shall be developed by the County Manager, or his designee, and approved by the Board of County Commissioners, (3) In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the County Manager and must execute an 200 acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs",~ shall enhance 9llii not be used to replace funds received from existing sources. and that the or02Tam receivin2 funds reauires that a minimum of 30 oeTcent of a student's time in the oroe:ram be behind-the-wheel trainin2. (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECTION 2: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 3: 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 Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners after adoption by the Colher County Board of Commissioners, and shall take effect and be implemented thirty (30) calendar days from the date of said 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 OF COLLIER COUNTY, FLORIDA By: James Coletta, Chainnan Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney 3of3 17A l?A March 29,2007 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending Ordinance 2003-39 Dear Legals: Please advertise the above referenced notice on Friday, April 13, 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 # 121110-651210 17A NOTICE TO CONSIDER ADOPTION OF ORDINANCE Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 24, 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 Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2-241 THROUGH 2-456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO uTRAFFIC" EDUCATION TO uDRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND-THE-WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 17,4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Teresa Polaski, Deputy Clerk (SEAL) Teresa L. Polaski 17A To: Subject: legals@naplesnews.com Ordinance amending Ord. 03-39 Attachments: Ord.Amending Ordinance 2003-39.doc; ORD.Amending Ordinance 2003-39.doc Legals, Please advertise the following on Friday April 13, 2007. Any questions, please contact me. Thank you ~ ~,. ;,.:; ....>';' Ord.Amending )rdinance 2003.39" ORD.Amending )rdinance 2003-39" Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) 1 Teresa L. Polaski 17A From: Sent: To: Subject: ClerkPostmaster Thursday, March 29, 2007 12:26 PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2044363.txt; Ordinance amending Ord. 03-39 [J. ' .......' .. [,,-.:..'..1 o ATT2044363.txt (231 B) Ordinance Imending Ord. 03- 3! 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 Ordinance amending Ord. 03-39 Page 1 of I l?A Teresa L. Polaski From: Perrell, Pam [paperrell@naplesnews.com] Sent: Thursday, March 29, 2007 1 :51 PM To: Teresa L. Polaski Subject: RE: Ordinance amending Ord. 03-39 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk,collier.fl.us] Posted At: Thursday, March 29, 2007 12:26 PM Posted To: Legals Conversation: Ordinance amending Ord. 03-39 Subject: Ordinance amending Ord. 03-39 Legals, Please advertise the following on Friday April 13, 2007. Any questions, please contact me. Thank you <<Ord.Amending Ordinance 2003-39.doc>> <<ORD.Amending Ordinance 2003-39.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 3/29/2007 l?A Teresa L. Polaski To: Subject: legals@naplesnews.com Ordinance amending Ord. 03-39 Legals, Please KILL Ordinance amending Ord. 03-39 due to run on Friday, April 13, 2007. Thank you Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Polaski@clerk.collier.fl.us) 1 04/E.1'.2/2007 18: 35 ~::3';.17'i'~::-J'?:?I::1 ~~DH It'-l'=-.Er";~''/I r:.ES PtiGE.. D1/05 ~ Adminisrrative SelViccs Division Colli."r County Gwcmment Center - H\liJding D 0330 ll~t Tami,uni Trail Naples.l'1oridaM1l2 !'}."".lcx;.c;fQQ.J:d@eollieI'llO.Y.l!et (2:i9) 774--8971 (2391 7H.872D (fax) l?A Co rV'e rle c\ ~ v-&OI\ ---- TO: Theresa 774-8408 M.srlenc }"oorl'<tant Coorditla~or 5 pages illcluding cover FROM: DATE: /\1'[:J 2, 2007 SCBJECT: Changes to Legal Advertisement Thcresa~ Please .w!e that a change needs to be made YO the hlgal ;~dvcrtiscmenl: sent to you last week for amcading Ordinance 2003.39. I have band written the c'1allges, but can change the original aT'd sel~d to )/JU ifncccssarv. The Ordinance itsil!fbas been changed il1 the computer. Please let me know ifan)tlnng else ':s needed. Thank you! Marlene 04!02!~001 10:35 :Z'::i':37748720 :',DMIHSEP\/ICE'C; ~:<A(.:iE O~1/DS COLLlER COl-:-lTY FLORIDA REI;!UEST FOR LEGAL AfIVERTlSISG OF PUBLIC HEARINGS (i) J?A To: Cle.k to the BoArd: PI.a., pi.... ,be rollowln<< ...: l'8l Normal legal Adv.",..",.nt (I)isplay Adv., locaoon. .tc.) o Other: _..****s~.**...*.****....w..w~..*.*~*.***.*~~****~'.*.*.w.w..****.**.*~.*.+*~.*.**.*.*~*..w***~w.*..**.... Origl1:lllring Ilqlti DiY: Grant>! AdministIativc Sorvices v.,'?'. Peroon: Marlen. FOOld Date' MIlIch 28, 2007 Petition No. (If none, lllve brief description). OrdinaDC;i;(",.nding Ordinlll1ce 2003.39, .150 mown as the Doti Slosbe'g Driver llduootion On1itwlec, .s codifiad in Section. 2~ wough 2456 of tho Code of LaW! and Ordinances in orde, to in<;",... the swcbatJ. that the Clerk of Court. 'my coUeet 011 all cwil traffic p....lri.. from $3.00 ~ peIlO!ty to $5.00 per pell3lty, cba:vJle ,..ferences to "traffic. education to "drive,'. .dueaoo. prDgIllIIl8, lUttlwr cl.rifv that fund, arc to be used to enhance, not replace driver ed""ation program fund. """ ,tipulate that .ach proanm "'ce;vi~ fl1nd, require a miltimum or 30 percent. of a $tudent~s. time in the program. be behind-the-whc:d traininK~ providing for inclusion in the Code o( LaVIS and Ordinances; providing for con...f1ir.t a.'1d severability; and pro''./'idh.'lg fin an effective date. Petillon,r: (Nam, & Add=s): Mailene Foord, Gnm! Cootdinator, ^,lmini.lralive Son;co. Name &. Addtt:>;l\! of an)' perr.on(s) to be n:)t'ifie,d by ClerK'S Otlice; (If more space i-s needed. attach !tep3.1'llte sheet) Hellrir.1g bofore ~ BCC BU Olher ';;1 Roque.red Bea.rillg dato: (Based on ldy.rti""""nt -ppearing 10 days before h.aring. Aprit lIl. 2007 JSewspapel1.:t) to be used: (Complete only if 1.mponantL rzl Naple< DailyN...., o ()lIlt< o Legally Required Proposed Te~t (Iocludo legal d'''rl,p:ion & oo""'",.locafion & Size: COlllPanion petition(s), if any & proposed hea"lli date: i Doe, Petition F<< include ad,.erti8il1/l co,,, 0 \',. 0 10 ICYe., wha' accolDlr should b. characd for advcrti.il1/l'o'''': , Rovie.JOd by: ^. ' JL.~ ~dp:).,- -t--f.. j J!o iI :~ 121.?1 ~.} Division ~ '.strator or DC'ienee Date LI., Atl.1lchJn<nt1I: lJISTRJR,mON INSTRUCTIONS A. For he...i.fllIll<oCor. Bec <>r BZA: '"ilialioll perao~ 00 eomplete Olle coy .nd obtain Divbltm HelllI approval befnre submlttfng 10 County Manacer" Note: It legal docUment IlIlnyolved. be RUre that..,y .............'11epI mi..., or r.qult! for .ame, I. .ubmltted III C<>nDty Attorney berore ,u~mitti'll to County ~lan"ll.r. Tbe Man...... 011I.. Will diotr1bute ~~~: . o County Mall.gor ".enda file: 10 Cle.k'. om.. , , o R"'luuti~g DIvi,lon o OrlRlnal B. Other he...irJgll: Initiating Oh';.;on he.d to approve an<! submit onginal to Clerk'. Off..., retBiniIlg a~.opy Cor file. , ..-.*...~..*w.*..**..~.~w....*~***~..w.**....*....**~,.**+~*~~...*****..*......*....**..*....**.***..*.....* FOR. CLERK'S OFFICE l,51: ONL ~': Dak Received; _____ Date of ~ubJtc heiling: ___ Date Ativerti~ed: ._~ ~~/0~;2007 10:35 23'3 77 ~~:='720 ilDMlciSEFVICES ORlllNANCE NO. 3007 -_ AN ORDINA.'iCE AME:-IDINC ORDINANCE 2000-3!l, ALSO KNOWN AS THE OORl SLOSBERG DUrvER EDUCATION ORDINANCl:., AS CODlnED IN SECTIO~S Z-241.'1){ROUGH 1-456 OF TIfE CODE OF LAWS AND ORDINANCES 'I:j~ ORDER TO INCREASE THE SVRCHU.GE THAT TIfE CLERK OF ('QURTS MAY COll.Eel ON ALL crvU.. TRAFFIC PENALTlF.S FROM SUO PER PENALTY TO $.1.00 PEIl ~!'IALT\, CHANCE REW-RENCr,S TO "TRAFnC" EDUCATION TO "DRIVER" EDIJCATlON PROORAMS. FURTHER CLARIFY THAT FUNDS ARE TO BE USEO TO ENHANCE, NOT REPLAO; DRIVER ~;))VCATION PROGRAM FUNDS A.'IlD STlPllLATE THAT EACH PROGRAM RECEIVING F!;NDS REQUIRE A ~UNlMUM OF 30 PERCENT OF A S1:UDENT'$ TIME IN THE PROGRAM BE B&lllND-THE-WHEFL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOil CONFLI<.-r AND SEVERABII..lTV; .4.1"111 PROVIDING FOR AN EFFECTIVE DATt. WHEREAS. on July 29. 2003, the SOlid of CQunty Commissioners adopted. Ordinm1u 2003-39. otherwi~ knOWll ~ the "non Slosberg Drl\'C.T Education Ordl1'lanec" t<.' authorize the Clerk of the CircUit. Court to ~lIeet an. additii>rlal three dollar ($3.00) $U1'C'harge 011 all civil traffit: j)malti~ in Count:-- Court to J.e used to n:nd tCtl direct education expertSC6 of l1ol1.ffic eduwi... pr<gram, in both llUbhr and non'~ublic hil!h ;;chool" and WHEREAS, rr:oent chmgeg jf! Ssxtion ,')18.121S of the FloridA ~T.ar;.Utc3, entitled. "Da:i Slosberg Driver F..dueQlk1n SANty Act'" authorize the Board: or County Commi!5ioners tp amend t.he authorizing l.:lreinance to i~~Me the $3.00 per pcDalty surcharge t(t S5.oo per pt;:'Illty, as well M 1IC\1tr31 other modifications to dal"ify irrtau and aitle1ia; and WHEREAS. the BDard or CO\lnty Commi,,,j"'m "f Collier CQ""!y, Florio., dean, it Iilppropriate and in the best interottt ('If the public health. safety and. welfiu-e to adoptl.hhi Ordinar:~' to eollect an ~dditional surcharge and mike minor program modifiooions. NOW, THF-REFORE I:lE IT ORDAINEO by ,he Soo,d of County Commi..i"""" of Colli... County, F:Qrido ~." Jl~TION I, Collier Coun,y DrUin"",," :>lo. 200l-39 i, .""',,.... as folio,"" SECTION T1fREE: COLLECTlON OF SURCHARGE (I) 1'0"""""0 ~ 318.121,\ f'I.. Sl.dt, . Ill... d.lIor rU,(l{l) five 0011", (5'.001 surchar[$' It'haJl be added by the (.:oilier County Coon against every pet'5on who plQids gUIlty Of fiolu cootendert to, or i~ convicted of, n;:gardtes!l of :6djudic~jon. 8 movir-,g or non-moving civil traffic violatlQO., (2) The ;M,. ...1l.r4~~ fiye dollar ISs.oO),urchllrge .h.1I b. ;n additb" to .ny fine, 1':rivil penalty or other ~outt cOSt and will not ~ declue-red tTom the proceeds of lor3 PAGE Ij3/05 17A 0C!02,1~00! 12:35 /' :.;:,].'l77'::d/2lJ ADMlt~';EPVICE'::, th~t portion of lil.t\Y fine or civil f:1tn.l1ty whJ~l\ is: rl:,c:civcd by Collier Ctlunt.~' in llA;W1'datlC-C with ~~ JJ6_660 and ,31a.~lfJa. Stat. U) 'file tArija ~41iQl' fi?--.~tl~4qnil~i,Q4;U.sureilargtl shall be ~(;lfiC'all)' iiJdded to any ei'lll Dtnalty pald. wt\ether .such p.t."11aJty hi paid by mail. paid in i'efson without rcqUt~g, for h~Jtr:-n.g, or paid after hellfbg ~d cktcrminathm by th., wun, H,t;TlOl'o 101 R, D'S1'lUaUTJ()~, OF I'\:1<D5 COLLECrED (n n,c Clerk si'la'1 tOllC'Ct toe thrtll i~li.QI (~ five. dolliUl5.00J 1i'.Irchilrg~ in accQl'dance wIth ~ 31 g, 1215 Fla, Stat (::) A il funds 1.'(JHectedpur$uant to this Ormnal'l.ce shall be used rQr' th~ e10tcluslVC purpose ~., fundln~ dn~fr education proeram.'i. and shOlll be d~"PflSited into a .'!ipc:o;;ial trust fund tt..~ be usee: to eXdl:31ve!y fund r;"\e Q1rect cdu:ation ex.pen~ of hWJie 9..!..i'y!!:.~1ucatk)l'1 p:rogram~ ~n both !'Liblh;: and rlonMl'ubli~ his" '5chools. (2) All fimds coll<<t:d shall he u...:toxcluSJvcly to 'upplorn'"llt (enh....co-l\l1l! ~~fundjng for dillOCt tlducath"~ (:xpaues of nm. ~t~ducation pr('Jgrams in /xlth publk and non-pubh-: )-Ji..gh ~h('-ctl$ (3) Dim:t eduo:",atlf)naJ, ~lSleS are i'/ll;Urrcd tor the pcrchase af goods and S(''1Y;C~ jrlcllld1n,g., bul not limited to. cll"iver edu':i\'_tkm co'Jnle illatmal!l, vehicles t;l\;::::hniveiy ll$l:'d R\f driv~ MI1~.tion program'. driver simlllato:'s, ~nd salaries of dnlleT edUelClQIl inst:'1J~ and shall not lnQll.1de adnlini!il.trat.ive CXperi!i.es. ,2ECTlO\l FlY.It 6XPENDlnll.J; AND MANAGI,MENT OF FlJJ\'DS f~U;)(iEn~D PI The Coumy Managvr, or ""6 designee. with direction from the Board ()f' CQl,lnry Comm)Gsioners, In &ctordanu w:th f 318,1215 F1a, Stat.. arid wim the budget adl;t;:ntc! h,' the Collje:- County Bo:a,rd of Comm'j!)~jon'n-, s:.al1 h~v~ the wthorrt) to provide for the e;~:p<<=nditure of fimlh rel'nittcd to the ~ driv<< eOuc3.r,iQt'\ program. (2) Pt\1CedG.ll~ thr di&hw'som.~t of t~e fl.l~dl'!. ooilc,;.:t<:d pl~rStlam to Ih~~ Ordi'ttanc~ ~h311 be de\'d~ by '!hf~ CQlmty Manag",.,.. or illS d~ignoc. ~d appt{J~d by the 8Qard of COU:'1t)' Commis!>loncJs. (3) 1n ord('( to receive ii.mds. the eh,;b;~ public And nOl'l"pl.lblic high scllooJs: WllJ.sl make application (01' fmw! .Il.'tld rCl:e~ve approval by CeH,e.- CUlJI'!ty 'ill accordarll::e: with the progra.>n plocedu:res e$tabl:sne<l. 'Y thG' Ccur.t~ Manager anlj must ~~lite all 2 of.) Pt~C,E 04/135 -17,8 , 0'/02,f~oa7 18;35 ~:3?Th87 20 Am~IHS:ER\/lCES ~.ceptal1Ce agreemtl'lt, acknowj~gmg that funds received !ihall be used excluS,iycly 5Y '~ht redi'ient for dil'ect educational /!'xpenle.i r.,.. dri\-ir education prog'l'am~~"""'ft2Hi :s.1all&vhm1~.; md nOf be iJsed to repla.ce fundl1 ::'tc:eived frow, eXlsrir.g source-s.:l..i11ld that the Drl.Ymn'n recetl{it\R fund.'; jeoLi.;r~ thai: a minimum. of 30 oercent of A stmt'JJimLllLthq O(o~m be b",hind~the.-whecl traiJ'll1'1e. (4) Monies that na'\1e not been dis'bursOO at the end of each 1iseaJ year shall be retalTled for di:iibur&Cment in the ~bscqlltt'lt f.~l )Ut\s). as approp'iate, SECTIOl\ 2, CONFLICT AND SEVElt~B)UTV ltl the even! thls Ordinan~e o.;(mf1icts with BllY other ordinanc:c d' Collier County Of other a,.'l}."'Jicable iaw, the more rntriQ'tlve shall 2ppl)', Ifany phrt.$e vr portion \,;f this OrdifW_l'.c(; is held il1valid or unconstitutional by ;my ,'ourt of <:ompetet'lt Jurisdiction. such porti",~ shall be deemed a 9tpar:ne, distinct, and jndependent provis.ion .\U'td !llch holding sh&IJ nQ1 affect the va:idity of the rernaming portion, SECTION 3' ',",CLUSION rN THE CODE OF LAWS A.'IID OROlNANCES The pro\~sion!; of th!!: Ordinmce shaH Oe/;'ome, and be mcw:lc a vart of, the Code of ,Laws and Ordi11ances of Colli~ County, Florida. 'r1'le sect)ons of the Ordinance may be f'f'numbered Of re-.lettered to accornplh,n ~ch, and the word "ordinance" may be changed to "section", "41tCcle'\ or ....,)' otber apprO])Jiat~ wor.c. SECTION 4: EFFECTIVE DATE A c~l:'tified c~~' of this Ordh1al~e~ shall be flIed with the Depart.ment of State bl the Clerk ufthe Board ofCQUier CO\lnt} Commissioners after adOption ',)' the Co!her Count)' Board of Commls.lioncr,. and shllll take effllCl .Ild bo implommte<lthiny (30) ...rendar da;" from "" d8te of said filing wit" the Departmc.mt of State ' PASSED AND DULY ADOPTED by 1110 flNrd of Coonty Commissioner. oi Collier County, Florid>>.. thit. _~ day Qf ___' 2007. ATTEST; !>wig.'lt E. a_I:. Cler1< BOARD OF COl:NTV COMMISS10NIiRS (lFCOLL1Ell.COUNn, FWRIDA "-~._._-.,._------- By:_________________ Jnmes COletta., Chairman Appro_e<l as to torm ond legal sufficiency: Jel'111{fC1 A. BelPedio"---.------~ Assi9tin[ C,,'..:my Attom~ 300 -.--- --~----- PAGE CIS/OS / -"", ,,4 .,... Ordinance amending Ord. 03-39 Page I of I Teresa L. Polaski :1? A From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday, April 03, 2007 8:14 AM To: Teresa L. Polaski Subject: RE: Ordinance amending Ord. 03-39 OK From: Teresa L. Polaski [mailto:teresa.polaski@derk.collierJl.us] Posted At: Monday, April 02, 2007 11 :40 AM Posted To: Legals Conversation: Ordinance amending Ord. 03-39 Subject: Ordinance amending Ord. 03-39 Legals, Please KILL Ordinance amending Ord. 03-39 due to run on Friday, April 13, 2007. Thank you Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774.8411 (Teresa. Pol aski@c1erk.collier.fl.us) Under Florida Law, e-mail addresses are public records. Jfyou 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. 4/3/2007 l?A I~j NOTICE TO CONSIDER ADOPTION OF ORDINANCE Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 24, 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 Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2-451 THROUGH 2-456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO uTRAFFIC" EDUCATION TO uDRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND-THE-WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 17.4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Teresa Polaski, Deputy Clerk (SEAL) 17A Teresa L. Polaski To: Subject: legals@naplesnews.com Ordinance amending Ord. 03-39(revised) Attachments: Ord.Amending Ordinance 2003.39.doc; ORD.Amending Ordinance 2003-39.doc Legals, Please advertise the following on Friday, April 13, 2007. Any questions, please contact me. Thank you ~ ~ Ord.Amending ORD.Amending lrdinanee 2003-39.. lrdinanee 2003-39.. Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239- 77 4-8411 (Teresa. Polaski@cierk.collier.fl.us) 1 l?J[ Teresa L. Polaski From: Sent: To: Subject: ClerkPoslmasler Tuesday, April 03, 2007 9:41 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2487420.txl; Ordinance amending Ord. 03-39(revised) G' I;:J [21/ " .. .. ~. ATT2487420.txt (231 B) Ordinance ,ending Ord. 03- 39( 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 Ordinance amending Ord. 03-39(revised) Page 1 of I Teresa L. Polaski 174 From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday, April 03, 2007 10:42 AM To: Teresa L. Polaski Subject: RE: Ordinance amending Ord. 03-39(revised) OK From: Teresa L. Polaski [mailto:Teresa,Polaski@c1erk.collierJl.us] Posted At: Tuesday, April 03, 2007 9:41 AM Posted To: Legals Conversation: Ordinance amending Ord. 03-39(revised) Subject: Ordinance amending Ord, 03-39(revised) Legals, Please advertise the following on Friday, April 13, 2007. Any questions, please contact me. Thank you <<Ord.Amending Ordinance 2003-39.doc>> <<ORD.Amending Ordinance 2003-39.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.ft.us) 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. 4/3/2007 NAPLES DAILY NEWS Published Dall\ Naples. FL 3.\ I 112 Affidavit of Publication State of Florida County of Collier Before the undersigned they SCIYC as the authority. pcrsonall) appeared Phil Lc\,i~. \\ ho on oalll says that thc~ serve as the Editor of the Naples Daily. a daily newspaper published at Naples. iu Collier County. Florida: dlstribuled in Collier and Lee counties Gf Florida: that the attached COpy of the ad\crtising. being a PUBLIC NOTICE in the matter of PUBLIC ]\;OTICE W<:lS published in said newspaper Itirnc in the issue on. April .13,1, 21107 .\fTianl lin1h<:r says that the said :\apks Daily \:.::\\s is a n.::\\spap.::r published al :\apks. in said Colli.::r COllJ1t~'. Florida. and that Ih.:: said ne\\'spap.::r has hen::lo!\)1-':: 0":1.'11 cOlltinucl\lsly publish.::d ill said Colli.::r COllnty, Florida: Jistribuh:d in C oj lier and J ...:..: counties or' Florida. eadl day and has o,:,:n <.'nt.::r<.'d as s<.'cond class mail matter a! the post ollie<.' in :\apks_ in said Collicr Celunl). Florida. for a period or 1 ycar n<.'.\! prec<.'ding 111<.' lirst publication "flbe atta..:hcJ cc'p) of alh-i.'nis..:mcnL and affianl furth..:r says thaI h.. has n~'it1Kr paid not promised all\ p..:rsoll_ tirm \lr corporation any discount. rchak, Ul1ll111issioll or rcrund ror Ih..: purpos..: \)rs<.'curing this adv..:rlis<.:mcnt for l'lIl ,'J11 n ill Ill..: si,id :]~'\\ apcr " ( Signature of affiant) Sworn to and subscribed before me This 13lh. Day of April 211117 __L ),.; ,';"C.<e (Signature or~ar) publiy1 " <. . ,;'a~'~<?' A 'f . ~ ,x" > ,~ -....... ,;. gL~ MO~ 1~, _ ... ,." . .v(j ,.' "":;~""'~11"""_ Notice II hereby' given that the Board 01 CDIlnlY commlllloners of Cor- J1aL.U.IDUY will hold a RUbl1c hear,' Ina ot'l Tues" dOy, ADrII l4, 2007 In the loattfi!OOrn..lN.t. ,Floor. Adml 1Ul!dlnll. collier :Gov m. mont~' TamJem .... till, Flori,a. . will btfll\ at T,he tItle pf the' pro. ll4!Io<I. ~dlNII!r;t.t. .. "'"-... ! ttl'o_-' l l. .m liE. ED II.' ~I vi ;r I'IlD. ORAiS. FUaTHER elA I V T!!A'l ;gNJl,S A'l\ .~'onRIP 'LACE 0_ . i1>1Hl4T1QN I'IlIlOll .I'I.!"I)S AND ST1PUtA THAT EACH =aACEIVING, I\.1UM .. .\cWi 1 OFA nl'EIN THI P 4\.1 II! BE. HlND-l>li.WHlEl TRAtN. IN~i PROVIDING fOR IN. CLuSION IN THE CODE OF LAWS,AND ORbl- NANf:la"l PROVIDING F()R WMl.,I<:'t AND SC:V. EAA8IWTYi' AND PROVID" ING fI'OR AN EFFECTIVE DATE. ~--_._-- ------ 17~ N)TE: "II Persons wl$h~ I~ to speak on any ~,n'! i!ii..lR be United to 6 minutes mn"'~OdW~ speak on behalf of an ....n"""on or group I. encouraged, If recog-I nlzed by the ChaIr, a spokesperson for a I ~'~~15.' uti' to -.ran: 'on an -. . penons wl.bl~.to r:~n~u~TI~ et..=: ~pmd =~I,:1ft":.~ 1~:J:'~~ ~..~~ sball be - 11\ to the BOARD OF COUNTY COMMISSIOMERS .... ' COLb.,IER C.OUNTV, -"'Q!!t WiiiT J...8' .. CHAIR. ~OHT E. BROCK. CLERK ' 8y: llIt,rue POl",k, : eCleik . . . No ,.....1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l? TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,4 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/Of information needed. If the document is already complete with the exceotion of the Chairman's siO'nature, draw a line through TOuting lines #] through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who crt:ated/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, induding Sue Filson, nt:ed 10 contact staff fOT additional or missing information. All original documents needing the BeC Chainnan's signature are to be delivered to the Bee office only after the 8(T has acted to approve the item) Name of Primary Staff Marlene Foord Phone Number 774-8971 Contact Agenda Date Item was April 24. 2007 Agenda Item Number 17A AODloved bv the BCC Type of Document Ordinance Or::;_ ,~P, Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey"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 nssibl 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 4/24/07 (enter date) and all changes made during the meeting have heen incorporated in the attached document. The Coun Attorne "s Office has reviewed the chan es. if a licable. Yes (lnitial) N/A(Not A licable) 2. 3. 4. 5. 6. ""1 ( , I~,( (1.1 { l,Y\r: VI'( /" !\~ ,. I: Forms! County Forms! Bee Forms/Original Documents Routing Slip WWS Original 9.03.()4. Rt:vist:d 1.26.05, Revised 2,24.05 17 A ORDINANCE NO. 2007 -~ AN ORDINANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2-451 THROUGH 2-456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO "TRAFFIC" EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND-THE-WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance 2003-39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the Clerk of the Circuit Court to collect an additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used to fund the direct education expenses of traffic education programs in both public and non-public high schools; and WHEREAS, recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver Education Safety Act", authorize the Board of County Commissioners to amend the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as well as several other modifications to clarify intent and criteria; and WHEREAS, the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect an additional surcharge and make minor program modifications. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION 1: Collier County Ordinance No. 2003-39 is amended as follows: SECTION THREE: COLLECTION OF SURCHARGE (1) Pursuant to S 318.1215 Fla. Stat., a three dollar ($3.00) fivc dollar ($5.00) surcharge shall be added by the Collier County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non-moving civil traffic violation. (2) The three dollar ($3.00) five dollar ($5.00) surcharge shall be in addition to any fine, civil penalty or other court cost and will not be deducted from the proceeds of lof3 17A that portion of any fine or civil penalty which is received by Collier Couuty in accordance with SS 316.660 and 318.21 Fla. Stat. (3) The threc dollar ($3.00) five dollar ($5.00) surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court. SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED (1) The Clerk shall collect the thrce dollar ($3.00) five dollar ($5.00) surcharge in accordance with S 318.1215 Fla. Stat. (2) All fuuds collected pursuant to this Ordinance shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of ~ drivcr education programs in both public and non-public high schools. (2) All funds collected shall be used exclusively to supplement (cnhancc and not replace) funding for direct education expenses of ~ driver education programs in both public and non-public high schools. (3) Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses. SECTION FIVE: BUDGETED (1) The Couuty Manager, or his designee, with direction from the Board of EXPENDITURE AND MANAGEMENT OF FUNDS Couuty Commissioners, in accordance with S 318.1215 Fla. Stat., and with the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure offunds remitted to the tfaffie driver education program. (2) Procedures for disbursement of the funds collected pursuant to this Ordinance shall be developed by the Couuty Manager, or his designee, and approved by the Board of County Commissioners. (3) In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier Couuty in accordance with the program procedures established by the County Manager and must execute an 20f3 l?A acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education prograrns,--and shall enhance and not be used to replace funds received from existing sources, and that the program receiving funds requires that a minimum of 30 perccnt of a student's time in the program be behind-the-wheel training. (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECTION 2: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 3: 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 Ordinance may be renwnbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board of Commissioners, and shall take effect and be implemented thirty (30) calendar days from the date of said filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ']J..\-It- day of P\pr, \ ,2007. ~ t.2\L:';i; , " 'J ,........,...:~':c, A TTES1;~ ',; .:0, "'" Dwi~ht a' Bfocli/~~;lt . ~~XCMf~(~c~ ~ (~f 'It'" ...... .,"'-, Atteh ~i\t.o'c Cha Inlldn s signat.ure 001. . / Approved as to form and legal sUffiClenCyt', ~ll ~~ ~oC~ " lenm er A. Belpedio-' Assistant County Attorney Ite,"#~ Agenda tJ I" I L') Date ~T 30f3 1,"7 n J: t Cl Ii t' 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 2007-39 Which was adopted by the Board of County Commissioners on the 24th 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 26th day of April, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board o~C County Commissi9~ers lluu h~O( By: Ann Jennejohn, , , _ ' Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 178 To: Clerk to the Board: Please place the following as a: ~ Nonnallegal Advertisement (Display Adv., location, etc.) o Other; ********************************************************************************************************** Originating DeptJ Div; Engineering Services Person; Stephen Higgins Date; 3/26/07 Petition No. (If none, give brief description); A VESMT-2007-AR-11203 Petitioner; (Name & Address); Jeneane P. Bennett, 6646 Willow Park Drive, Naples, Florida 34109 Name & Address of any person(s) to be notified by Clerk's Office; (lfmore space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date; (Based on advertisement appearing 15 days before hearing.) April 24, 2007 Newspaper(s) to be used; (Complete only if important); ~ Naples Daily News o Other o 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? ~ Yes 0 No If Yes, what account should be charged for advertising costs; 313-163673-649030 Reviewed by; Thomas E. Kuck Department Manager Date List Attachments; Resolution Executive Summary Exhibit A 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, he 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~q~~i '" LfU' ,......1 I~ - i I II" L /1 Date Received;~ Date of Public hearing; ~~1nate Advertised;~ -r- if}, )(<< RESOLUTION NO. 07-_ 178 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR- 11203, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A DRAINAGE EASEMENT IN THE REAR OF LOT 61 OF BLACK BEAR RIDGE PHASE 1, A SUBDIVISION LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 43, PAGES 89 THROUGH 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Jeneane P. Bennett, has requested the vacation of a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A". WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a certain portion of the drainage easement 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, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of ,2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficien . /~ By: Jeff E. ri ht Assista t oilier County Attorney b ~ '" , ~ l!l'il ~~ mti ~fII < ",.. ~S "'8 ~ o ~ m .. ~ ~ ~ ~ y " n n ~ 0 0 n ~ ^ ~ " y . " " 0 " ~ ; , " rn " . 0 0 n 0 .. " ~ " . , ~ I J ". ,i f"" ;;1"" "ii 1::::;: , , , "'~~ ~~ r o (") ~ o z 1,,1 " """ ~ ~ ::~~ '" ~ ; , d . ~ - ~ 0"' ;!;~~ :~~ '" - , ].X , S~ 1~! I ~; ~ ;;1'" "''Ii '" 'I mIl) "-,, ,- ~~ ! ~~ "..- , 0 ~ C.R.i61 ~ )> -u , , 0' ~~ = , ! , I , . j ! , !g:<::; , ! , >0 ,,'"- , . ...~ ~ ~~; i , :' " -. -- / NOT TOSC"l-E U> -I I'T1 ~ )> -u . , ~ ~ ~ 0 a z 0 . < >- < 0 . >- ~ ^ ~ 0 o . " n < ~ ~ 6 z I ~ ~UNTlN~''''' '" o~ ,I -~ l?B ~~ " " .'. '0 0 ~~ . ~~ " ~ " 0 'I lOOANHOU.EvAA.O .. , Cl, ! =;J ~ ig~ ~ , ' ~ , 0' . JC,.l: j' J. ...~z ... 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( ~ 0~J L \--...lo'~--/ '\.S( oM"Oc.frt.cON U _ ~ _ ~ [;;1- ~J.dgtfos ~ _\: fll; J.b~;;f~os - ~- -=:- ~ - ~ i ! ..____.__..__.____.___._.._.___.._._..1 l31..\."1 13L \f; Im::l ,hq I' .'~ - ') (" 1 -, c< / ~, 1 ( \/ :J>.'\q, (^\ en-J ll'; ) ,\VM NHOJV VlO () - ),. r-- ":1 " " " / r . i t- II "'''' 00 ~C) I 'j-- I !Ol:-O !il~ ~f':l r- I \ , '-. ...., \ ~ '" -. ~ roo, _T I 1 I 1/'- i s) ~\J 9J :::0 -,,~. ,,:'1,) ~1;~ ~? ~ cS 0, W O:l .....; i. 'i""'''''''1 II""! \, chi ),,:.1 J________, 'l'nm..ol(/) . --..1;;'1 , .'tJ \ .. .-<<--) LJ \ I i I _.o...-i c) CJ:l ,::0 '" t-< (0r;;;"',-.. t'lJ ,~'-l S:':: l/) i, ~ r.::'::. '~"i ;J t::~a- ~ ~<J~......... <:: '''''~ VJ c) ...., "-a. - ~ ~ , , ! h~ I'" i ~ ~ \:J:l - ~ :::~ <.,,['1 62-92 Dd 'Iv 8d HaJ,N:.J DNlddOHS srnIH NOlSSH'l. - 0, r- !:1> ['1 Ijll 178 _-z .. r ~!;:~R;!::z fTl V)V)v,::O::<:: c: ~Col::)Ca():)lDZ d~~~(QfTl)>fTl O,l1l""otict ~"':-I\)' ~ dl::u --l Q:j c::> c:i t::) ~ z )> .. .." ... m ~~r.,r.,I"t-JC)r fTl r =-s.,..,~s.,..,=-5i ~~g~gG) . .. - -I :r: DATE:~~\ I n -:::j Collier County Community Development 2800 N. Horseshoe Drive Naples, FL 34104 178 AVESMT-2007-AR-11203 REV: 1 Project: 2007010047 DUE' 2116107 Date: 2/2/2007 . RE; 7259 Acorn Way Lot 61 BLACK BEAR RIDGE PHASE 1 ID #24200402604 List of ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250' LOT 60 - BBR ID#24200402581 Owner: Francis & Virginia Madden 3670 2nd Ave SE Naples, FL 34117 LOT 62 - BBR ID#24200402620 Owner: Buckstone Estates LLC 3875 Airport Rd N #B1 Naples, FL 34105 LOT 36 - BBR ID#24200402109 Owner: Deangelis Diamond Construction, Inc. 6635 Willow Park Drive Naples, FL 34109 LOT 45 - BBR ID#24200402280 Owner: Buckstone Estates LLC 3875 Airport Rd N #B 1 Naples, FL 34105 LOT 57 - BBR ID#24200402523 Owner: Walters, Carrie & Horner, Scott 480 Robin Hood Cir Apt. 201 Naples, FL 34104 ,~ -, ~"7'!~ ~. . ~-: List of ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250' RE: 7259 ACORN WAY BBR PH 1 LOT 61 ID#24200402604 PAGE 2 LOT 58 - BBR ID#24200402549 Owner: Buckstone Estates LLC 3875 Airport Rd N #B1 Naples, FL 34105 LOT 59 - BBR ID#24200402565 Owner: Buckstone Estates LLC 3875 Airport Rd N #BI Naples, FL 34105 LOT 63 - BBR ID#24200402646 Owner: Buckstone Estates LLC 3875 Airport Rd N #B1 Naples, FL 34105 LOT 64 - BBR ID#24200402662 Owner: Buckstone Estates LLC 3875 Airport Rd N #BI Naples, FL 34105 LOT 62 - BBR ID#24200402620 Owner: Buckstone Estates LLC 3875 Airport Rd N #B1 Naples, FL 34105 LOT 65 - BBR ID#24200402688 Owner; Buckstone Estates LLC 3875 Airport Rd N #B I Naples, FL 34105 178 List of ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250' RE: 7259 ACORN WAY BBR PH 1 LOT 61 ID#24200402604 PAGE 3 LOT 66 - BBR ID#2420040270l Owner; Buckstone Estates LLC 3875 Airport Rd N #Bl Naples, FL 34105 LOT 67 - BBR ID#24200402727 Owner: Buckstone Estates LLC 3875 Airport Rd N #Bl Naples, FL 34105 ~O\Lp.. J( LL~ 'V'\ 'q &u Lf ~ O{Z.k.. aLl\? I-i . A'pT ~o"? fJPf\kS t pl. ~dr \ o? - ~O~ ~f ~;,~ r ~ ,)t I April 2, 2007 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VESMT-2007-AR-1l203 Dear Legals: Please advertise the above referenced notice on Sunday, April 8, 2007, and again on Sunday, April 15, 2007. Also, kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O./Account # 313-163673-649030 17f! NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 24, 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 Board will consider Petition: AVESMT-2007-AR-11203 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR-11203, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A DRAINAGE EASEMENT IN THE REAR OF LOT 61 OF BLACK BEAR RIDGE PHASE 1, A SUBDIVISION LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 43, PAGES 89 THROUGH 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "AU. 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 lS 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: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts COij,p.fy"'ofGollier CLERK OF TH'BGIRCUIT COURT COLLIER COUNTYCp..' URTilo. USE 3301 TAMIAMI TJ,{AIL EA'ST P.O. BOX 41'~044 \ NAPLES, FLORIDA'~~101-3044 .., \'( ~ "'1 /. /. , : /1"' ,""'"-, Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 Voila II LLC 2919 Gulfshore Blvd N. Apt. 603 Naples, FL 34103 Re: Petition A VESMT-2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK - ;;) lLUC\- ~dO-8ft~ 6 c \'~esa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk(a)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts Cuijp.tyofGollier CLERK. OF THEblRCtJIT COURT COLLIER COUNTY <:;0.' URT~OUSE 3301 TAMIAMI TJ,{AIL EA~T P.O. BOX 4~~044 \. NAPLES, FLORIDA~.4101-3d44 ". k I l?B Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 Carrie Walters & Scott Homer 480 Robin Hood Cir. Apt. 20 I Naples, FL 34104 Re: Petition A VESMT -2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ 1;), I r I~~ Wcl~ k \ ~aski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.n.us Fax - (239) 775-2755 Email: collierclerk@.c1erk.collier.n.us Dwight E. Brock Clerk of Courts CuQptyofCol,lier (;,.. .-.-.-.. ' CLERK OF THE C1RCQIT COURT COLLIER COUNTY qoURT!'lOUSE 3301 TAMIAMI T.\tAIL EA<ST P.O. BOX 4~~044 \ NAPLES, FLORIDA ~~101-3d44 ., ~}' I I? Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 -+ " Buckstone Estates LLC 3875 Airport Road N. #Bl Naples, FL 34105 Re: Petition A VESMT-2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r'\ tJ UJ.AP'- ~lu.\<l\'K- ~esa Polaski, Deputy Clerk Enclosure Fax - (239) 775-2755 Email: collierclerk@.clerk.collier.t1.us Phone - (239) 732-2646 Website: www.clerk.collier.t1.us Dwight E. Brock Clerk of Courts COijpfyofGollier CLERK OF THBtIRClJIT COURT . . COLLIER COUNTY QoURT~OUSE 3301 TAMIAMI niAIL EA~T P.O. BOX 4i~044 \ NAPLES, FLORIDA~5101-3c44 ",~ J .' 178 Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 Francis & Virginia Madden 3670 2nd Ave SE Naples, FL 34117 Re: Petition A VESMT-2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, ~IGHT E. BROCK, CLERK " Lu-W'l e<-a0 \& - ere sa pOlask~uty Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.fl.us ~-"""'. Dwigbt E. Brock Clerk of Courts Cu\!PtyofCollier CLERK OF THE6IRCUIT COURT COLLIER COUNTY CP'. URTt>"OUSE 3301 TAMIAMI ~IL EA'5T P.O. BOX 4f~044\ NAPLES, FLORIDA ~,1101-3d44 '~( ii Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 . I "_.J - , J eneane P. Bennett 6646 Willow Park Drive Naples, FL 34109 Re: Petition A VESMT-2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ ~'iif~~k Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerklal.clerk.collier.fl.us Dwight E. Brock Clerk of Courts CulJ,p1yofC01,lier CLERK OF TnBC{RCQIT COURT COLLIER COUNTY 9<?URTPfPUSE 3301 TAMIAMI TJ,y'-IL EA~T P.O. BOX 4r~044 \ NAPLES, FLORIDA'34101-3044 '-\, I\t I ,1 }' Clerk of Courts Accountant Auditor Custodian of County Funds April 2, 2007 I , ,~-1 . / Deangelis Diamond Construction, Inc. 6635 Willow Park Drive Naples, FL 34109 Re: Petition A VESMT-2007-AR-11203 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007 and again on Sunday, April 15, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ PDu(iLI' l'ol eresa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cierk.collier.fl.us Fax - (239) 775-2755 Email: colliercierk@cierk.collier.fl.us 1ro Teresa L. Polaski To; Subject legals@naplesnews.com A VESMT -2007 -AR-11203 Attachments: A VESMT -2007 -AR-11203.doc; A VESMT -2007 -AR-11203.doc Legals, Please advertise the following on Sunday, April 8. 2007 and again on Sunday, April 15, 2007. Any questions, please contacl me. Thank you ~ ,Wifl n AVESMT-2007-AR-l AVESMT-2007-AR-l 1203.doc (28 K.., 1203.doc (26 K.., Teresa L. Polaski Clerk to the Board of County Commissioners Minules and Records Department 239-774-8411 (Teresa. Polaski@clerk,collier.fl.us) 1 - f-"....c,,, /./ 0' ! '.....- Teresa L. Polaski From; Sent; To: Subject: ClerkPostmasler Monday, April 02, 2007 11 :24 AM Teresa L. Polaski Delivery Status Nolificalion (Relay) Attachments: A TT2467293.txt; AVESMT-2007 -AR-11203 [B', . ,-",'--, .-...' ~-:l L::..J ATT2467293.lxl AVESMT-2007-AR-1 (231 B) 1203 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 AVESMT-2007-AR-11203 Page 1 of 1 Teresa L. Polaski "1?f8 From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday, April 03, 2007 8: 18 AM To; Teresa L. Polaski Subject: RE; AVESMT-2007-AR-11203 OK From: Teresa L. Polaski [mailto;teresa.polaski@c1erk.collierJl.us] Posted At: Monday, April 02, 2007 11;24 AM Posted To: Legals Conversation: AVESMT-2007-AR-11203 Subject: AVESMT-2007-AR-11203 Legals, Please advertise the following on Sunday, April 8. 2007 and again on Sunday, April 15, 2007. Any questions, please contact me. Thank you <<AVESMT-2007-AR-11203.doc>> <<AVESMT-2007-AR-11203.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Po laski@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. Jfyou do not want your e-mail address released in response to a public records request, do not send electronic mail fo this entity. Instead, contact this office by telephone or in wrWng. 4/3/2007 :'I'APLES DAILY :'I'EWS Published Daily Naples. Fl. ,.j 102 Affidavit of Publication State of Florida County of Collier Before the undersigned they senT as the authority. personal!: appeared Phil Lc\\is. \\ ho Oil oath says that the.' sene as the EdItor of the Naples Daih. a dail, nc\\ spa per published al Naplcs. in Collicr Count,. Flond,,, dlslribuled in Coilier and Lee cOllIlties of FIonda: thallhc illlacilCd cop.\ of the adycrtising. being a PU B L ICt-J.OTI <:'1': in the Illatter of PUBLIC NOTICE was published in said newspaper 2 times in the issue on. April 8th. 15th 2007 Affiant furth<:r says thai th..: said :\apl.:s J)ail~- '''''-'.s is il n.:\Yspap<.'1 publish...d al 'arks, in said Cullic'f Cnuntv. F]'lfida. and thatlh... silid n.;\\ spap;.:] has h.:rc::oj(;[ <.: h":":11 <';(llltll1lhl[,sl: publish..:d ill said C,llli<.:f C"lll11\. II\lrilLL dl,sllibllkd in ('"llia and] .<.'<.: cOlJnti.:s or )'],)rida. ..:adl day ~l1ld hil~ )''':~''1 <":llkrl.'d a, ,":c:olld c'la,s mail tllat1..:r at Ih..: 1'0,1 om..:..: ill \~l;)k',- 1'1 .<lid Cc\lli..:r COlllll\. Florida, for a r..:riod oj" 1 \"::\r 11..:_\.1 1'1"c'<c,i;i1g Ih", lirsl puhli<.::tti,'n oflh<:alldl.:h..:d cOP\ of ad\l.'t1isl.'nt..:nl: ;l1ld ;d"!i,1ll1 IUrlhl.'i" ~a\~ that hI.' has nl.'itlkr raid nor !,mmis('d an'. pl.'i"~()ll, linn ur corporati'Jl1 any dis":OUllL r..:hak. C<.)lllllli,si'lll \-1' r..:llmd for the" pUrpl\Se Ofsc''':llring this ad\'l.'rti,'<'lllcnl for uhll th.; sa' 111.'\\Spap":l S\\orn to and subscribcd before mc This 15lh D<1\ of April 211117 ' ",/ L :k"" ," c",,/ (i.. <."L J,",-> (Signatll~ Or~OI(]I}--'.JicL .- ~"""''''''''''''__lr;"~,...._"._,..,_" Ar7fil?!. ---- """~I,, ~_ !' e'l ~ !l(lJCilllwstroN/I iJl2lIIII _ .- ,':,lr- '_'."-' ~.i: ?QttY' . ....."".~ " 01101llllll/lJ1Ul ....mJUI AVESMT -2007~AR.11203 NonCE OF PUBLIC HEARING Notice 15 herebY, given that the Board of County Commissioners 01 Col~ lIer County will hold a j:!ubllc hearing on Tues- day, April 24, 20tH, In the Boardroom,3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlaml Trail, ~~~j~\l,Yn~~1 9:00A.M. " The Board will consider Petition: AVESMT.;ZOO7. AR-l1203 A RESOLUTION 0F1HE BOARD OF COUHTY COMMISSIONIAS OF COLLIER COIHtTV, FLOijIOA, ijEL=T.1 G TO PETITION AV " .2007- AR-1l203, DIS' lNG, RENOUNCING. A/IIVY.l, CATING THECOUN1'Y$ ~~~Elr':~~~'(b"N ,. OF A DRAINA:i'E-ASE. 'MENT IN THE -l(tlAlI:OF LOT 61 OF Bt.ACII~ij . RIDGE P.H ASElN'il'A.: . ~ VISION LOCAT., lC~ ilfu~~gNii ,. ...~ 'BOOK 43, .4GfS '" 1 THROUG-K 9t <OF/rHE . PUBLIC rttCOfl:ClS 0' , C.OLL'EijOo,Q!!J.Y , : C-g:JO:h~'t8~r~~~ 'I " : ~I..~CRIBED, I,N~t<~tJlIT . ~~...~, o 1 ?B f "If j: : NOTE: All PerMnl'WWl- f i Ing to s.peak:.:ort any ! I aoendO Item ~ ',... ;.. I ter wtm the Cl;lLi~ Aa- i,mlnl.ttotorfrl<>rtOa ' I sent.atton 0 the l ! Item to be adllr ' '; ,IndividuAl _wit( f ',be IImtted toll':I1'iJnuteI ~ I ~Jl any Item. The sefee.' '. 1.1!!HI riI '" 'Iodlyldual to I .:... Ott,"behAlf or an :S.QIl"'.....Pt. . ,', ',. I',reco. It zed~. Chai" fa Sp,Ok'5pe-rson for a i; group "'all.o,gll11ZOIIPn t" may be, ~ 10 mln- t~' to 'speak o'n an , ~ PerSOn5'f4lshlng to I "'lY. written ororophk: ' materials Included In the Board agenda pack. I ets must submit said I ...-,pat"]",,j '" mlAlmum of' 4:weeks prior to the reo ; IPectivepuJ:tflc t)earl~. In., an CQe.',-'tten, _ terlars lnt<<mded tj'j e' o. consldel'$:t ~ the Soard t.hall be' I~m'tted to :, the apprg..p' .nme county. "Itaft a fl'tff'llnium of sev- ; Cln days P!lor -to' tire ,pu/lllc '*!'IN' All .... ,tori".' used. 10. .P'''. ~ t;:tlonsbifc>>'etne , "',, ' , ' :WIII'btc"~.; "pe:rtna-. .(~.par:t,'ttae~,,\," !:.:.tI)y person who 'vecld- { ,'tD~'~k;declIJon .....~,\!IIlln<1ed. F'l:!l;UNTY \I'. tv OA .' . COLmA. CHAIR- MAN DWIG'HT E. BROCK, CLERK By: Teresa Polaski, =Cler1< ~. 8, 15 'No.i549735 ',", ~. );"'k,' ".:.,~':: .'>' "W!~-.",:1;' ,'.,' ". '., c, ,;. ~ "',;r ~";",,";,i', ""'",':.' ~ , ,,~:y~"")~' .--,,"<,;: -'~9'1 """ ~ .,j.>'l'''''~ ", "j," , '~'f,,,,,j,{'- ~~ _;~I ::'i_~~;::r' 'J '~,~ '. ;",:.;,~A'l"!\l IS not ;jllll:lPtiollfo" line 6, ~W:' ,:,t <<j~:~tM.;~ft1Q'!!-, ~~,t~t~!f<" ",,:;t,\;1!f~.l)f,)~~';~:,L;ifJ~;';'~j,~~~.;j,',:i~ik.t",:'~~;i',,;~;"w~~:~;.j*~, -, 11111 jJfJlii;r-11!IIUiiIL', 1[1 ,'[ il r~rilfllr lIU~"111fll'~ nil HUlIIlJl fU.ItJHllHfllfl ~~"''''';I''''''. ~ __'M"l';..~ '-Q~ K~r.~~_~~ 1?B RESOLUTION NO. 07-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2007-AR- 11203, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A DRAINAGE EASEMENT IN THE REAR OF LOT 61 OF BLACK BEAR RIDGE PHASE 1, A SUBDIVISION LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 43, PAGES 89 THROUGH 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Jeneane P. Bennett, has requested the vacation of a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A". WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a certain portion of the drainage easement 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, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same,t~~!~l day of ~ ,2007. CK, CLE. RK \. '.<L\ ~~ Att!!st,ll~ to 41r'1141'1' S i q~a't~'re'l)" 1 , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~./f~ 'JA S COLETTA, CHAIRMAN Approved as to form and legal sufficien . 1 .-+r- "'--'<..... 4009399 OR: 4220 PG: 0059 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/27/2007 at 08;41AM DWIGHT E, BROCK, CLERK REC m 27.00 COPIES 3,00 l"~ .,,- I,', , 'v_. j Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR mal06 , I ~ !i " ;-j -- H: \[-dUjects ~survcy\liL,\CI' . . ~ lil\l, I,IDCL chq l3 , "--', II.J'q Ii '( (' , ( 11 \1/ "" t;j~ txl ~~ ;:j~ () i:'i ~ :;,: "~ C'j" 0...; !:>'l?6 :.r;;- ~"'~ ~ "'''' OJ..... I:;:::, o~ tQol'iJ '"'-<:: "'", 'oo~f;::: >>" ~ Ojl:::3 <:::1':Z::':j = 5!::: t;l>>f;: ~ 0" .tQ ~" t:l~:>'" :. 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" :::&:r":::!E;n,n,,",,r,,~ r lDZ' f'lf'l )> AJ-l -)> ZlD G)r f'l r f'l ;-i::s....~~!=::a;-~z 8.~~8.~~.~~ ~ I c:> _-- c::> cr-. ~ ,.. ,.. ,.. @ S;) '" l:-< ,~ <' '" ,...." , , ...-;::., '-J ':C -~ ~'-v" ~ ~~~~ :> '"-:;: -----1 Q':) (:::) o:c ~ \ \ I i , , I i.--jV) , I...J~ \ _1 \ I - - --+- I 1 i "l:J; ""I ~~ ~''2 ~ '1t.:::J . - a i IJ' ~I ~'-j _~,r"--_.-......~_,_._ 1-- \u! i ! L 1- .--0 i'2l:lJ ~~ ~9 (n' ---- ----- 62-92 Del 'Tv Hel HiI.LN3;) DNleldOHS S'l11H NOISSIW ,.. ,.. ,.. C> :xJ ..- "-> "-> c:> '-cI (0:1 -- m )< 'J:-. ~ ~ ~ .. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17C To: Clerk to the Board: Please place the following as a: Normal legal Advertisement XX Other; (Display Adv., location, etc.) Date; 1Z,!lB/ '=' L, Originating Dept! Div; Comm.Dev.Serv.lPlanning Person; Kay Deselem Petition No. (If none, give brief description): DOA-05-AR-7136(DRI) Petitioner: (Name & Address); Naples Grande Holdings, LLC, c/o Bill Slavich, 404 Citation Point, Naples, Fla. 34104 Name & Address of anv verson(s) to be notified bv Clerk's Office; (If more space is needed, attach separate sheet); Bruce E. Tyson, RLA, A1CP, 3200 Bailey Lane, Suite 200, Naples, Fla. 34105 Mr. Dan Trescott, SWFRPC, 1926 Victoria A ve, Ft. Myers, Fla. 33901 State of Florida, Dept. of Community Affairs, Division of Community Planning, 2555 Shumard Oak Blvd., Tallahassee, Fla. 32399 Hearing before BCC X BZA Other Requested Hearing date: Avril 24. 2007 Based on advertisement appearing 60 days before hearing. Newspaper(s) to be used; (Complete only if important): XXX Naples Daily News Other o Legally Required Provosed Text: (Include lel!al descriotion & common location & Size); (See Attached Ad) Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by; Approved by; . J'-LU . '-In ~L7C*' iu., 'Division Head /;11 rf} Date /.-:. County Manager Date 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 distributc copies; o County Manager agenda file: to Clerk's Office o Requesting Division o Origiual 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; \2c~ Date of Public hearing: ~1-uate Advertised; ~ crt-- 17C NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development Regional Impact pursuant to Section 380.06, Florida Statutes, from the Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of Wilson Miller. Approval of this application will result in the following: An amendment to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant of the 1,247.5:1: acres portion of the project that is located in unincorporated Collier County. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI subject property is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Companion to PUDA- 2005-AR-I0157). Information and reports on the Development of Regional Impact application may be reviewed at Community Development and Environmental Services, Zoning Section, 2800 North Horseshoe Drive, Naples, FL 34104. Drafted 12/12/06 Page I of I 'l r._'_~ / Ann P. Jennejohn From: martin_c [CeciliaMartin@colliergov.net] Sent: Wednesday, December 13, 2006 120 PM To: Minutes and Records Subject: BCC April 24, 2007/60 Ad for PUDZ-A-06-AR-1 0157 and DOA-05-AR-7136 I am sending the BCC Ad Sheet after Susan has signed, thought I would E-mail this first. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development Regional Impact pursuant to Section 380.06, Florida Statutes, from the Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of Wilson Miller. Approval ofthis application will result in the following: An amendment to the previously approved Grey Oaks Development of Regional Impact (DR!) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant of the 1,247.5:t acres portion of the project that is located in unincorporated Collier County. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI subject property is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Companion to PUDA-2005-AR-IOI57). Information and reports on the Development of Regional Impact application may be reviewed at Community Development and Environmental Services, Zoning Section, 2800 North Horseshoe Drive, Naples, FL 34104. 12/13/2006 17C February 19, 2007 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: DOA-2005-AR-7136(DRI) Dear Legals: Please advertise the above referenced petition on Friday, February 23, 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.lAccount #113-138312-649110 l?C NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development Regional Impact pursuant to Section 380.06, Florida Statutes, from the Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of Wilson Miller. Approval of this application will result in the following: An amendment to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant of the 1,247.5 +/- acres portion the project that is located in unincorporated Collier County. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI subject property is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida (Companion to PUDA-2005-AR-l 0 157). Information and reports on the Development of Regional Impact application may be reviewed at Community Development and Environmental Services, Zoning Section 2800 North Horseshoe Drive, Naples, FL 34104. 1. -"" , 1,1' , 'I,.; Teresa L. Dillard Attachments: legals@naplesnews.com DOA-05-AR-7136(DRI) DOA 2005-AR-7136(DRI).doc; DOA-2005-AR-7136(DRI).doc To: Subject Legals, Please advertise the following on Friday, February 23,2007. Any questions, please contact me. Thank you ~ DOA DOA-2005-AR-7136 AR-7136(DRI).doc ( (DRI).doc (25 ' Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa.Dillard@Clerk.collier.fl.us) 1 Teresa L. Dillard I7{ From: Sent: To; Subject: ClerkPoslmasler Monday, February 19, 2007 9:23 AM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT783216.txt; DOA-05-AR-7136(DRI) [] [] ATT783216.txt DOA-05-AR-7136(D (231 B) RI) 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 .~7r "'''' Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, February 19, 2007 9;24 AM Teresa L. Dillard Delivered: DOA-05-AR-7136(DRI) Attachments: DOA-05-AR-7136(DRI) 1-".::1 ~ DOA-OS-AR-7136(D RI) <<DOA-05-AR~7136(DRI)>> Your message To: Subject, Sent: legals@naplesnews.com DOA-OS-AR-7136 (DRI) Men, 19 Feb 2007 09,22,57 -0500 was delivered to the following recipient(s): legals, NDN en Men, 19 Feb 2007 09,23,52 -0500 1 DOA-05-AR-7136(DRI) Teresa L. Dillard From; Sent: To; Perrell, Pam [paperrell@naplesnews.com] Monday, February 19, 2007 9:34 AM Teresa L. Dillard Subject: RE: DOA-05-AR-7136(DRI) OK From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk,collier.fl.us] Sent: Monday, February 19, 20079:23 AM To: legals@naplesnews.com Subject: DOA-OS-AR-7136(DRI) Legals, Please adverlise the following on Friday, February 23, 2007. Any questions, please contact me. Thank you <<DOA 2005-AR-7136(DRI).doc>> <<DOA-2005-AR-7136(DRI).doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa.Dillard@clerk.collier.fl.us) 2/19/2007 Page 1 of 1 17C NAPLES DAILY NEWS Published Daih Naples. FL 3-11112 Affidavit of Publication State of Florida County of Collier Before tlic undersigncd they sc"e as the authority. personally appeared B. Lamb. who on oath says that tliey serve as the Assistant Corporate Sccretnry of the Naples Daily. a daily newspaper published at Naples. in Collier County. Flonda: distributed in Collicr and Lcc countics of Florida: tliat the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper] time in the issue on February 23,,1 2007. ..\fliant Jurtha says that th~ said "arks Daily !\ew$ is a ne\'.'spapcr published at Naples, in said Collier County. Florida, and that the said nc\vspaper has heretofore been c()nlinuou~ly published in said Collier County', florida: distrihuted in Collier and I.ee counties of Florida. each day and has been entered as second dass mail matter at the post olli..:c in :'\-aples. in said Colli.::r County. norida. for a pcriod of I year lle.\.1. pre..:eding the first publicatioll of the attached copY' of advertisemcnL and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebak, commission or refund for the purpose of securing this advertisement for publication in the said nc~r ~. ( Signature of affiant) Sworn to and subscribcd bcforc mc This 2Jrd of Fcbmary 2007 (' 1,y;...LLl o.ll)'-'I.0(1~~ (Signature of notarv public) . . :<e:d.(p~~s Chanel A McDonald "0 ;:;'. ,,1 MY COMMISSION # DD110103 EXPIRES ,:;;;;;~~S:: June 29, 2007 ',~r.:,~~",L 80NDfDTHPUTRO'! Ft.IN IN~IJRf,NCf, INC FE! 5~-2578327 17C 0118 ~n 1.. _fllhlll. NOTte. OF PUBLte HEARING TO WHOM IT MAY ~N: Notice Is hereby given that Collier County has ~lved an Application fOr Development ~Ap. prpval fol' a,Develop- ~ent Regional Impact ~r&;~ant to Section . Ftol'ld. SW",e" from the Naples Grande Kotdlna.t, LLC. r..re- "sented by BrUC4 Eo 1y. SOil, RlA, AICP OI'.WI_ 'MHI!r. _~pproval of this 'mf~n:UI result In i An amendment to the preYloUSIY~ . ~Y.,,~ iii.iiOCl"ibRij .n accordance with Florida Statutes, Sub- section 380.0&(1'), to af. feet the south,east quadrant of the 1,247.5 +1- acres portlof;the oroIec:llhalls_1ri u-nfncorl!orated'CoUler CountY. PtOQosed modi. "f'k:atioila InCluderemov~ lno 250 hOtel _ and a(klln" 175 relld.ntl,l units. The Grey Oaks DRf stJb. lect property Is'~ n the no~...~ east and nfotwest qUaorants 0 A port. PUllin. Road """_ Gtteparkway.~"ti't Sec~ tlel-ns2.. 2suct26, TownShip "'South, Ranae,25 Eas;~~~ ~o=a:n. '0157). . Infonnallon and """rts 0" . the. OevelOPf)tent of =0&1 Ill!Pact 0..11. I'I1Q tietftileWed at.COItIllIlIIII!Y_o.' ment aridl:nvlron- ml1~~3t.r.,nr~ Horseshoe DrIve. NjIp'-- FL 34'04. F~. 2] . ~o. 1525Cl1 ...-------' l?C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Leeal Advertisement Other: ~~~~*...**..~*****.*****.....*...**..**.*..*.....*.*.*.....**.*.~...*.*....~~. . . Originating Deptl Div: Comm.Dev.Serv./Planning Person: Kay Deselem, AICp...,t) DatI tf J Petition No. (If none, give brief description): DOA-2005-AR-7136, Grey Oaks (DR[-89-1) 4/0 ~ Petitioner: (Name & Address): Cheffy. Passidomo, Wilson & Johnson, George Varnadoe, Esq., 321 5th Ave. So.. Ste 200, Naples, FI. 34102; Naples Grande Holdings, LLC, c/o Bill Slavich, 404 Citation P?Jnt, Naples. Fla. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Halstatt Partnership and Panthers Grey Oaks, LLC; 2600 Golden Gate Pkwy.; Nap[es, FI. 34105-3227 Hearing before Bee BZA Other Requested Hearing date: ADn[ 24. 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only it important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition:DOA-200S-AR-7136. Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, Alep of WilsonMiIler is requesting a change to the preViously approved Grey Oaks Development of Relional Impact (DIU) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.41:: acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast. and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. Companion petition(s), if any & proposed hearing date: Companion to PUDA-2006-AR-1 0157 Does Petition Fee include advertising cost? Yes 1[3-138312-649110 No If Yest what account should be charged for advertising costs: Reviewed by: ~l'~ '1l1. epartment Head /sf.ivr..u 4-/3/0'7 Date ' - Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: loitiatine 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 leeal 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: ~ \ ,I I.., Date Received: 4 \ 7, \61 Date of Public hearing: ~"':6l- Date Advertised: ~/L'4 ~-----' Mr. Daniel Trescott DR! Coordinator SWFRPC P.O. Box 3455 N. Ft. Myers, FL 33918 A IT: Bernard Piawah Development of Regional Impact Section State of Fla Dept of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 , ...... . .-n~ ;' / r ... ':-"", tJ' \"..' .., ,/, .. ~--, ,_<_^'^, t < (--:: I." r:;:-'i ~ :---: h ~ ,......., ,......., ,......., ,......., :-l ~ ~ =1'7 '.. .....,... .' C ~ i 1~9f '1!!lf I *m t ~ !!~~~Im~.! I m II mnllip~111lI1I I I h1ula I 11'11 ~ ~ ! ~~ ~ i & i . s i! II Ir1ii ,; 'Ii I ,I, J s I'HIB,Bil'!!II'1 g~1 g~1 ~ _I~ 'E I I. ~ ;i!!11111! Ii! h~E;11 :1 II )! I Ii'lOO[j!'I1 @1'Ii:11!1 DR! MASTER PLAN - MAP H-1 f'REI'AEED FOI> NAI'l.S8 OI'IANOE HOI..DNCl8, LLC Exhibit C --~-- (f-- ~ --- ~ ~~'_i' I -.0::.-.-.- I -_.- ~.. .1 -.-.-'.-;::, I -=-..:::.-.'t"..'::.. --.-- DEVELOPMENT ORDER NO. 07- RESOLUTION NO. C17- A RESOLUTION AMENDING RESOLUTION NUMBER 90- 292 (DEVELOPMENT ORDER NUMBER 90-3, AS AMENDI!D), AS AMENDED, FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMPACT ("DR!") BY PROVIDING FOR; SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING nIE NUMBER OF ACRES FOR COMMERCIAL USES, BY INCREASING THE NUMBER OF RESIDENTIAL UNITS AND INCREASING THE AMOUNI' OF ACREAGE FOR CONSERVATION LAKES AND WATER MANAGEMENT PURPOSES, BY DELETING TIlE REFBRBNCB TO HOTEL ROOMS, REVISING THE HOUSING SECTION, REVISING TIlE HURRICANE EVACUATION SECfrON, REVISING THE TRANSPORTATION SECfION, RBVISlNG AN UNI'ITLI!D SECTION TO PROVIDE FOR BIANNUAL REPORTS INSTEAD OF ANNUAL REPORTS, AND REPLACING MAP H, TIlE MASTER PLAN, WID! A NEW MASTER PLAN, SECTION TWO, FINDINGS OF FACf; SECfION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR. EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVEDATB. WHEREAS, tile Board ofCouoly commIsaionen of Collier County approved Resolution Number 90-292 (Development Order Number 90-3) wbich approved a Development of Regional Impact (DR!) !mown as the Hal&latt DR! (now known .. Grey Oaka) on June 6, 1990; and WHEREAS, the Appticalion fur Development Approval (ADA) was incorporaled into and by ret'cRncc made a part of tho Development Ordcr;.and WHEREAS, tile: roal property whicb is tile 8Ubject of tile Development Order is legally described and set forth as Exhibit A 10 Resolution Number 90-292 (Development Order NlDllber 90-3); and WHEREAS, and tho DR! Development Order bas been subsequently smanded _era! times; and WHEREAS, tile ownen of tho DR! property arc desirous of sm...ding tho Devcl_t Order; and WHEREAS, Bruce E. Tyson, AICP of WiIBOIJMiUa:, Inc., representing Naples Ors:ndc Holdings, u.c bas petitioned tbc Board of County Commissioners to further amend the Grey Oaka Development Order; and WHEREAS, tbc Collier County Planning Commission has reviewed and considered tbc teport and recommendations of the Soutbwcot Florida Regional Planning Council (SWFRPC) and bc1d a public Maring on the petition on , 2007; and 1 WoJda _.k ~ .... detcted; words underlined arc added. 17C f WHEREAS, the Board of County ComIoissioners of Collier County hBB nwiewed and conaidcred the reports of. SWFRPC and Ibe Colli.. County Planning Commission and held a public hearing on ,2007; NOW, THl!REFOIUl, BE IT RESOLVED BY THE BOARD OF COUNTY COMMlSS!ONERS OF COUJllR COUNTY, FLORIDA that; SECJION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN A. Panqp1lph 4 of the Findinp ofFIlCI Section ofR.....hrtion Numher 90-292 lDevelopment Order Numb.. 90-3). IS 1IlIleIllIcd, for the Grey Oaks DR! ia hereby amended to read as follows: 4. The applicant J>IOIlO8OI'I the developmenl of Grey Oaks Planned Unit Development for 1,60I~ acres which includes: W408 W acres of comm<lcial u_ to include 2S0 Il8te1..._. 653,453 square fool (gro.. fluor ......) of omce corwnet"CiaI, 649,638 square feet (gro.. loasobl. aml) of msil commoreiol, -l,6OO-1.7ll re.idential dwelling units, 72 holes of soU; and ~ ~ _os of conaorvatillIl, lakes and water managemml, which includ.. 2Q.2Q pn>oerVation acres. B. Paragraph 3, "Housing," of tbe Conclusion. of Law Section ofReoo1ution Numh... 90-292 (Development Older Numb... 90-3), IS amoDdcd, for the Grey Oaks DR! is here by amouded to read as fullows: ~ d Nmll!lS n-ndfl! Holding!. LLC Bhall t!.OI11mit to nrnvidinp $1 ()()() ocr P.At".h aonroved residential unit loca1:cd within n1'OOflrtv conIrolled bv Ne.ples C..nmde Ho]mnPR LLC to the (".oIlier County Affurdable HousinR Trust Fund at the time of ilUIUllllC8 of a C".erbficate of QCCUDaDCV for snc.h mait. 1bis 51 000 n.vmlmt Rh8ll be credi.led toward any .Mirional affordabLe hOWlinlllinlrlloe fee tha1 maY be in ~fTect lit: 1hc time of sito devcloDrnf!rlt ulan or nlat aDnfOval. C. ~ 4, "Hmricane Evacuation," of the CODCIusions of Law Section of Resolution NnmheT 90-292 {Development Order Nwnb... 90-31" amended, for the Grey Oak. DRI i. hcl:oby =""nM to ~ IS follow.: 4.f. The appli..... (or a homeowners association) obaIl lIIIOually distribute the County'. "Hurricane Information Document" which provides information on the need for the project to evacuate, how to prepare for a stonn, and hunicane evacuation ront.. in case perlIOIlB should wish l<lleave the project. ~ The hetel ----._IlI.. .ll dislnetHe the Ge8Bt) 's ~'Ilwftl8Re IRfemn#sB D8.81:1R1.1IIt" ill. the III... af a lm!fta&ne 8RMlfler"'j", ~\Ii a ~ .., 8'1 MaMiE shaU be 2 Words alN.k lhIa.... are deleted; wurda undtJrlined are added. 17C j'~ U8BIIIIJltIBdrf' I8rI1lBlIlBBll!e1eriA" 11.1 fa. MSl....'n "'.lsM tIS p..mt kllJf.arary slul"- r..the ,.__.. f:f ~.1M J:4f_ltIIeriBfkaJlwtIr aM __.".d.N81ft1. D. Paragraph S. ''Tnmsportation.'' of the Conclusions of Law Section of Rasohttion Number ~Iopmad Ord<< Number 90-31 as ....~dA<l. fu< the Gnly Oaks DR! i. hereby amended to rood as rollows: 5.a. The applicant or biB _ sbalI be lIilly rcopoDIible for sito-related roadway and intenection improvmnent8 required within the HalIIIttDRL I'II'NW for roadwav and ;ntP.n.ection ;n'llunvementR _ll11ltWt to nnn.tr1.lctinn of the C'IOlden C'JiIte OVemA118 and. related I'!TnAnmnn of the Golden am. Parkway fCR 886\ and Airoort Road fCR 31l rillhts-of-waV&, The applicant shall be required to pay tb<o tiIll oo&t fu< any sito-related inlcrsection improvements (including but not Iimltod to, Rill"oJization, turD lanai and additicmal 1hrough lanes) round to be nocosssry by Collier County fu< 1bc: project'. access int<:tIoCtiona onto AiIport Road (CR 31), Golden Gate Parkway (CR 886) and llooo f'-- Uviogston Road. Attaohed boroto as Exhibit "E" is a list of ac<:e8a iDtonIOCtiOO8 spproved for tho project and cban&es thai are or may be DOCClllIlsry in order to meot tho long-range 1rao&portaIion plans for tho area. A copy of tlte signal progrosaion analysia requostod by tit. County TnUlsportalion Dopartmoot ia iooorporaled by reformce and copies bave been submitted to tho SWFRPC, Collier County and tho City of Naples. E. ParasraPh 4 of an unlitled section of RosolutionNumber 90-292 (Development Ord<< Number 90-3). as am<lldcd, for tho G<oy Oaka DR! is hereby...-ed to rood as follows: 4. Th. applicant or ita suecossor(a) io title to the subject property sbalI submit a report __ly bisnnuallv. commencing one YO'" from tho effective date of thia developroent order, to the Board of County Commiaaion.... of Colli.. County, the Southwest F10rida Regional Planning Council, and the Dopartmorlt of Commonity Affairs. Thia report sbalI contain tho infunnation roquirod in Scotion 9J-2.025(7), Florida .Administrative Cod.. This roport sha1l be prepared in acC01dance with tho "DR! Monitoring Fonnat", as may be amended, provided by the SWFRPC. Failure to aubmit tho -1liItImIII report sball be governed by Subsection 380.06(18), Florida StAluto8. F. Exhibit "C" (Map H, Master Plan) of Resolution Numh<r 90-292 CDevelopment Order Number 90-31 as .""oM""', for tho G<oy Oaks ORl is hereby smeaded by rep1acing said Map a with Exhibit "0" _, a now Master Plan depicted as Map H-l attsclted and incorporated borein by referonco, reflecting tho ameodmenta borein described. 3 Worda _ok tIirouah arc deleted; words underlined arc added. 'If - "" . -{ f t--. i l,; SECTION TWO: FINDINGS OF FACT t. The proposed cIw1sCll to 1he previoualy approved DR! do DOt meet or exceed any of 1he criteria liatod in 1he DR! Developmenl Order or in Subacction 380.06(19)(b), Florid<. St.I14I... 2. 1be lIppliI;IIIIl submitlcd to 1he Colmty, the IUlgi.onoll'lanuins oo1DlCil and the State Land l'Ianuins AppJcy Form BRM-08-86, said form bciog catitled "Notification of a Proposed Chan&e to a Previously Appzoved Development of IUlgional Impacl" (DRl) Svbacction 380.06(19), Florllla StatuI... 3. Tho applli::alion is in lIDC01"danco with Section 380.06(19). 4. 'Ibc proposed chang.. to the provioulIly approved DeveloplllClllt Order .... oollBilllcat with the report and recomm--",hriOn of the SWFRPC. S. A oomprobellaive review of the impact gooorated by the proposed chang.. 10 the previously approved development bas been oondvcted by the County's departments and the SWFRPC; and has establisbod thai the chang.. roautl in a reduction of1he projecl's impacts. 6. The development is nol in an area designated an Area of Critical Stale Concern p1UllU&Dl to the provisiQDS of Section 380.06, F/orWa StaI14l.., as _elided. 7. No increase in ckve10pmenl intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW 1. The propoocd cIuoz1scs to the previoualy approved Development Order do nol COIlItitute a subalanlial deviation plIDIuanl \0 Svbsection 380.06(19), F1mida StalDJa. 'Ibc aoopc of the developmcDt \0 be ponnitted pUlBUlllI \0 this Developmenl Order Amendmenl include. operations dc.cribed in the Notice of Propoeod Change to a Previously Approved DR!, Exhibit B, _hod h....\O and by ret'= made a part hotool 2. The propoaed cIuoz1scs \0 the previoualy approved DeveIopmenl Order are oooailllent with the report and recommrmdaliooa of the SWFRPC. 3. The proposed cIw1s" to the previously approved d""eJoprnont will not unrcaaonobly interfere with the acbi",,_ of the objectiVal of the adopted Stale Land Development PIon applicable to the area. 4. The proposed chllDllCS \0 the previously approved ckvelopment are oonailllont with Colli... Collllly Grow1h .M""oll"""'" Plan and the Collier COUDly Land O"".lopmonl Code odopted pursuaDl_. 4 Words III_ tve\l.p are deleted; words lmtll'!rlinM are added. 17C ____------1....-... q.~.-:-. U /' '::c. S. The Jll'IlPOIOd chaogos to tho previously approved development are consistent with th. Stele CompnboouDve PIan. SECTION 1IOua: D'lIIcr OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMr1TAL TO DCA AND EFFECI'lVE DATE 1. Bxcopt II uncoled _y. Dov.lopmalt 0nI0r No. 90-3, II amooded, shall remain in fuIlftm:o IIId o.tIocl, biocIins in lICCOnIoIwe wilh ill tenDs on 011 partiea thereto. Thls amended nevelopmart Ord<< IbIIIlIko proe.......... over any of the applicabl. proviBioDS of previous devoJopa.d otdon wbioh.... in conf1ict therewith. 2. CopioI oC1hiI Dovelopmart Qrda; Number (Roaolution Number ~ Bball b. ~_..... ......1 ;.......li_ly 1IJIOIl .,,,,eulian to tho Depal1m1ll1 of CmnnUDiIy AffiIim, Bureau ofLllld -' W_ Mauasomeat, IIId tho SoUllrweat Plorida Regional Planning ColDICiI. 3. Thls Dovelopmmt Order Bballlake effoctas provided by law. BB IT FlJRTHBR RESOL VIID that this Resolution be IOCOrded in tho minutes of this Boud. This Resollllioa odopted 1hiI _ day of I 2007 t after motion. ocoond, IIId DDjorily vote. ATTEST: DWIGHT B. JlR.OCIC, CLERK BOARD OF COUNTY COMMISSIONERS COUJBR COUNTY, FLORIDA t ,Dcpul)' Clerk Approved II 10 1brm IIId legs! sufIleilllC)" "-ry1"J~IIJ~.7>1, IihL.JI.-~ -/)12,.).;___.:.. Malio M. Swdent-Stirling .----C; AuistImt COUIIl)r A1tDmey 5 Words .....lhI.a. are deleted; words IInctP.rlinAtt arc addc:d. . cu/02,' 2QI~1 1,~:.4 7,. '::':JS':~43F'~6(:!: . _~C(}llJ[~~'T\'2::t'1~.!~2 , , ,. PAi.":iE (:i9/ I, / -'-j ~ -, ~ : I f 1 i , I ! l' I II," l~ejJ' 1'!'Ii I Iii.." f. U@~om~s I, !il7 C I, "I I 'id' · il ~ ~ ~." m~'" ii' ;! I : I ~l f ~ W!I! 'p ~ m ~~:7:~""",,:,,""":-,;~r~~~ ",,' " I.'" Ii!~, ~ l :'1: ~;iiiiiii::";~ 'I 'ill : i ! ,I i ,lI ! I 'I ! II Illi,~1 '~'!:i:i i' ili I~,' h ~iu il;fi! i! if i I ~i!!51 'i'l fi! L/,~;; b ,s . ~ ~~~n !II '-1 WilSiiiMiller I --.-.- '-"-'--, -.7:!'il.'P..'l-.. I ,....':3-..:....-:!;!t.'!!!:- tliL"i~17 r:r,~i:1i?J 001 MASTER "L,\N - MAP H-l F'~=PAREr.l ~ ~J:..fILes ~.M'DE I-IO:..l)jJ\OS, LLC Exhibit C e4/02/20J7 14:47 2 3':_~54 3E,9::,:j (:[lL l_ll~F.' r.-:rl ::T,t-J I NG P:::/::iE: [11/12 r; '~~ 1 "'-'til, c';, ,I ",.j Dep.'",.,":!t of .Zonillg & ':-and yy,vdopme"J Re,iew 2800 ~Ol1h Horseshoe D:civc N"?k:,, Florida 34104 (239)403':,400 F;,x: (2:j9)o4.3~696S !)'f (2.3Q)213a2916 Fax: Fax ~&~~~~~;v>_ ~:m:_o.~;0_n_i~~ '-I~/ 2.....! -In") ..n -", J .--Q-T--.------..-- Date: To: PboJle: Pag." He: ce: :::: lJrg~llt C:J For Review I:. Ph:a.,e Comment := Ple8~c Reply J Please Rec~'cI<t 00="" C'(J l:loW PCt/) ( D'JA tlllL(/~ 73 c. C.. 17C April 3, 2007 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition DOA-200S-AR-7136: Grey Oaks (DRI-89-1) Dear Legals: Please advertise the above referenced petition on Sunday, April 8, 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 .0./ Account #113-138312-649110 NOTICE OF PUBLIC HEARING 170 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 24, 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 Board will consider petition: A DEVELOPMENT ORDER/RESOLUTION AMENDING RESOLUTION NUMBER 90-292 (DEVELOPMENT ORDER NUMBER 90-3, AS AMENDED) AS AMENDED, FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (UDRI") BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING THE NUMBER OF ACRES FOR COMMERCIAL USES, BY INCREASING THE NUMBER OF RESIDENTIAL UNITS AND INCREASING THE AMOUNT OF ACREAGE FOR CONSERVATION LAKES AND WATER MANAGEMENT PURPOSES. BY DELETING THE REFERENCE TO HOTEL ROOMS, REVISING THE HOUSING SECTION, REVISING THE HURRICANE EVACUATION SECTION, REVISING THE TRANSPORTATION SECTION, REVISING AN UNTITLED SECTION TO PROVIDE FOR BIANNUAL REPORTS INSTEAD OF ANNUAL REPORTS, AND REPLACING MAP H, THE MASTER PLAN, WITH A NEW MASTER PLAN, SECTION TWO. FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. Petition DOA-200S-AR-7l36. Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4 +/- acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to Petition PUDA-2006-AR-lOlS7) 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 17C . 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) <'l ! .~ April 3, 2007 Co1l;ptyofCollier CLERK OF THBC1RCQIT COURT COLLIER COUNTY QaURTFf,OUSE 3301 TAMlAMI TRAIL EA~T P.O. BOX 4t~044 \ NAPLES, FLORIDA'~.1101-3d44 -, v l '..: Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Halstatt Partnership and Panthers Grey Oaks, LLC 2600 Golden Gate Pkwy Naples, FL 34105 Re: Notice of Public Hearing to consider Petition DOA-2005-AR-7136; Grey Oaks Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, ~DWIGHTE.BROCK'CLERK. ~CC fulD-0{( K- eresa Polaski, Deputy Clerk Enclosure Fax - (239) 775-2755 Email: collierclerkiaJ.clerk.collier.fl.us Phone - (239) 732-2646 Website: www.clerk.collier.fl.us April 3, 2007 Go.u,pfyofCol1ier CLERK OF THE CIRCUIT COURT .. , COLLIER COUNTY pURTl>iO. USE 3301 TAMIAMI TJ;<AIL EA~lT P.O. BOX 4~~044 \ . \ NAPLES, FLORIDA~,4101-3044 'Ii, 17r: \.! Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Cheffy, Passidomo, Wilson & Johnson George Vamadoe, Esq. 321 5th Ave S. Ste 200 Naples, FL 34102 Re: Notice of Public Hearing to consider Petition DOA-2005-AR-7136; Grey Oaks Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK GlLUJe\. ~do-:C;(Lt ~C Teresa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Websitc: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk(aJ,c1erk.collier.fl.us April 3, 2007 Guup.ty..0 fCol,lier "<;,. .'-~ CLERK OF THE CIRCUIT COURT COLLIER COUNTYqo. URT40USE 3301 TAMIAMI TJ,tAIL EM;T P.O. BOX 41;~044 \ NAPLES, FLORIDA ~,4101-3d44 ~ ;' 17C , Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds "".', Naples Grande Holdings, LLC c/o Bill Slavich 404 Citation Point Naples, FL 34104 Re: Notice of Public Hearing to consider Petition DOA-2005-AR-7136; Grey Oaks Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ q Iv~ w~lR S1i{ 1\( \~esa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us April 3, 2007 GOlJ.ptyofC~llier <;. .-". , CLERK OF THE(j~RCUIT COURT COLLIER COUNTY goURT~OUSE 3301 TAMIAMI TRAIL EAiST P.O. BOX 4~~044\ NAPLES, FLORIDA;~,1101-3d44 ., \'1' Yl '"-:.-;" i .J~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds ,:-..,:" Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 N. Ft. Myers, FL 33918 Re: Notice of Public Hearing to consider Petition DOA-2005-AR-7136; Grey Oaks Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ IJ I LU"CA cfts(o.\'~~ l>S( \...~a Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us April 3, 2007 Cul!Jl.tyofC~llier CLERK OF THBGIRCtJIT COURT COLLIER COUNTY9<?URT'ij,OUSE 3301 TAMIAMI TJ,<.AIL EA'ST P.O. BOX 4}~044\ NAPLES, FLORIDA'3:1101-3044 \-~I \'/ i 17 (~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds A TT: Bernard Piawah Development of Regional Impact Section State ofFla Dept of Community Affairs 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 Re: Notice of Public Hearing to consider Petition DOA-2005-AR-7136; Grey Oaks Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~:B, Wo~~1 Be. Teresa Polaski, Deputy Clerk Enclosure Fax - (239) 775-2755 Email: collierclerklalclerk.collier.fl.us Phone - (239) 732-2646 Website: www.clerk.collier.fl.us 17C 'II .1 ~I!! Teresa L. Polaski To: Subject: legals@naplesnews.com DOA-2005-AR-7136 Attachments: DOA-2005-AR-7136.doc; DOA-2005-AR-7136.doc Legals, Please advertise the following on Sunday, April 8, 2007. Any questions, please contact me. Thank you ~ DOA-2005-AR-7136 DOA-2005-AR-7136 .doc (28 K8) .doc (29 KB) Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polask i@clerk.collier.fl.us) 1 ~ ~ I '-}~ C ,,~ '1 , ~ Teresa L. Polaski From; Sent: To; Subject: ClerkPostmaster Tuesday, April 03, 2007 11 :02 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2489983.txt; DOA-2005-AR-7136 1":._:.1 ~ r.~l L::.J ATT2489983.lxl DOA-200S-AR-7136 (231 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 DOA-2005-AR-7136 Page 1 of 1 17 Cl1 Teresa L. Polaski From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday, April 03, 2007 11:48 AM To: Teresa l. Polaski Subject: RE: DOA-2005-AR-7136 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.collier.fl.us] Posted At: Tuesday, April 03, 2007 11:02 AM Posted To: Legals Conversation: DOA-200S-AR-7136 Subject: DOA-200S-AR-7136 Legals, Please advertise the following on Sunday, April 8, 2007. Any questions, please contacl me. Thank you <<DOA-2005-AR-7136.doc>> <<DOA-2005-AR-7136.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) 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. 4/3/2007 NAPLES DAILY NEWS Published Dail) Naples. FL 3~ I 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personally appeared Phil Lewis. who on oath &1) s that they SCf\'C as the Editor of the Naples Daily. a daily' newspaper publIshed al Naples, in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached COP) of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said ncv~.'spaper 1 time in the issue on. April 8'" 2007 ;\l1ianl further says that the said ~aplcs Daily 'cws is a newspaper published at Nap]e~, in said Collier County, Florida. al1~ tha~ the sald nc\...spapcr has h<'retoforc he..:!) cOTltinuously puhhsh~d 10 sa,ld Collier County, F1orida~ distribukd in Colli"T and Lee countIes of Honda. each jay and has hccn entered as second class mail matter at the post \)nic.:: i]; 'apks. in said Collier County. Florida, for a period of ~ v.car next pr....c.:-ding th~ lirsl publication oJ"thc attached co~y of ;d\'~rtis....mcnL and affiant fur1h~r says that h~ has n~llher paid nor pft)mis~d any person, tirm or .:mpllration allY' discount, :cbatc. , commission or r~rulld for th~ purpose Dr s..::cunng thIS advcrlls..ol1l..ont (or pu 11 thc id tl~\\'S )~r . Sworn to and subscribed before me This 8th Day of Apnl 20U7 / (Slgnatur / / ',~-"",:,L.- ~ &.~ (''.:--''?'-~._ t." of notary pu:trc) j.1 .1...... :..: ,,</I" Mlncy ~ ~'~, ~b;) p(.'1 CCl~~ - 00ltG281 ~ .. ,"" .. ,.ly'~ 111111 ... :.......' />I.'., .., p, .. ~"_ ;'~ " it E1 , DO~'~71" _OF I'UIltICHEARINlI Notice II hereby given thai the Board of COunty Comml$Sloners of core; lIer County will hol.d a Public healing on Tues- day, >\llII1 24, 2007 In the Boardr~c::~r.d.. Floor. ~ll'~rlol.~~~ .....1 ca",iIl',~ Tamlaml Trail, Naples. FlQrlda. The meeting will" begin at 9:00 A.M. The Board will consider petition: A DEVELOPMENT OR. DER/RESOLUTtON AMENDING RESOLUTION NUMBER 90.292 (Dt:VE- LOPMENT ORDER NUM. BER 90-3. AS AMENDED) Ai- AME;NOC, FOR -rm HALSTATT/GREY OAKS DEVELOPMENT OFRE- GIONAL IMPACT ("om") BY PROVIDING FOA: sec- TION ONE, AMEND.. MENTS TO DEVELOp. MENT ORDf:R BY REVlS- ING THE NUMBEA OF ACRES FDRCOMMt'R~ CIAL USQ. BVcINCREAs- ING THl NUM.BER OF RESIDENTIAL UNITS AND INCREASING THE AMOUNT OF ACftEAGE FOR CONSERVATION LAKES AND WATER MANAGEMENT. PURPOS. ES. BY DELE1ING THE REFERENCE TO HOTEL ROOMS!.i. REVISlN4 THE HOUSINu SJ:C.TtON,RE- VISING THE HURRICANE EVACUATION SECTION, REVISING THE TRANS- PORtATION SECTION, "'EVISING AN UNTITLED SECTION TO PROVIDE FOR BIANNUAL REPORTS INSTEAD OF ANNUAL RE. PORTS; AND REPlACING MAP H,' THE MASTER PLAN WITH A NEW MAST!" PLAN, SECTION TWQ,FIND,IN-GS OF FACT; SECTION THREE, CONCLtlISIONs OF LAW; AND SEC~ON FOUR, EF. FiCTOF EVIOUSLV IS. sutD 0 VnOPMSNT ORDERS, TR~NSMITTAl. TODE~ARTM1!lIT OF COMMUNITY AfFAIRS AND EFFECTIVE DATE. 17C Petition QOA-2005-AR. 7UiNaCHes. Grande Holdings, LLC, '.pre- . sonled .y Bruce E. Ty. : SO"I.tRLA. AloP of Wil- son Iller .1$ requestfna a chi.ngetO th(! prevr- ously approlted Qrey: '.JL~ __ _ thai Is located fn unl'lCorpo- rated Comer County of the I,6QlA +1. _.~Oj, ect. PropOsed moctmca~ tifts Include removing 250 hotel rooms and 'adding. 175 residential , _.l11eGreYOoksDOl ls""'led In l/1e ncnIh' I.'. ~Zt"~~~~~no~ . '="i.~"~~ s-., OM'2' ~~"'..(f 26, TownsbA,'''S', 'S~uth. :;j!. .25. . .E..~ collier CO.' .",and,the City of F.1ottdL' , (l ~on to Petition PUO"-.AR-I01S7) !lDTE' .AU_ w)sb, ~Je!~~.~yl. ,lOr ",",,_ CoWJlY .... =="./lt~ ~tt~ to, be Ufdfftsed; to<llv~~wtll be lImited to 5 mlm.rtel on II11Y 110m.. __. tion of ... 1""lvI4."~. 0 =~:&n~~~j)a~ eneQuraged.lf r~o:g. nlzed by the Chaft. a .pokupenon"or a. group or.: orlanrzatlon ~ beallOttild IO'mfn. ~ t~ sp.ako" an I perionSWIShfnH lr:vrg=:~~ etsm-u..ts-l,tbmlt sajd mtlterlal '4 mlnlmum bf 3 weeks pl10r to tile. reo spectlve pubUc hHrfng. ! tna",,__ma. terlals Inten4ed to ba .....tdared.y !he _ shaUbe submlttlld to the app~eCounty slall a __ of ..... en,dahsli'1or.to tl1e =~"S~lt~. :, tJons before ttte:eo-arcr will beco...' wr- nent part.ot.thi' . .. .,.. ~ Any' person who decid- es to appeal a decision of the Board will need a record of the pr-OQ8Q- Ings ~rtalnlng thereto andtherefor'e. may need to ensure that a verbatim record of the proee,dlngs Is made. which record Includes . the testimony arid evl. aeflee upon which, the appeal, Is- based.. !trOD "fCOVNTY g</f'rl'n'liNl!c~ v NT Y , . rL~OLm~, CHAIR. I '.$,.IIO'CK, .>i.......:.,',.. ,....I~Dep. No. 1550027 4-2'f-lJ7 l?C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor infonnation needed. If the document is already complete with the execntion afthe Chainnan's si2l1ature, draw a line through routin21ines #1 throu~ #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routiml order) 1.~ I ~ ~ , ~, 1'/.tS; U/ 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Kay Deselem Phone Number 213-2931 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 17C Approved by the BCC Type of Document Resolution and DR! feq'l1pment Orde;1-1 Number of Original I Attached o - \))-:00 Cl . 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 Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan'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 Chainnan's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on March 24, 2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a licable. KD Yes (Initial) KD NIA (Not A Iicable) 2. NIA 3. 4. 5. 6. 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17r .......' MEMORANDUM Date April 26, 2007 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-99 and DRI Development Order 2007-02 Enclosed please find one (1) copy of the document, as referenced above, Agenda Item # 17BC The petition was approved by the Board of County Commissioners on Tuesday, April 24, 2007. The Minutes and Records Department has retained the original for the public record. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 17r IJ DEVELOPMENT ORDER NO. 07-02 RESOLUTION NO. 07- 99 A RESOLUTION AMENDING RESOLUTION NUMBER 90- 292 (DEVELOPMENT ORDER NUMBER 90-3, AS AMENDED), AS AMENDED, FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMP ACT ("DRI") BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING THE NUMBER OF ACRES FOR COMMERCIAL USES, BY INCREASING THE NUMBER OF RESIDENTIAL UNITS AND INCREASING THE AMOUNT OF ACREAGE FOR CONSERVATION LAKES AND WATER MANAGEMENT PURPOSES, BY DELETING THE REFERENCE TO HOTEL ROOMS, REVISING THE HOUSING SECTION, REVISING THE HURRICANE EV ACUATION SECTION, REVISING THE TRANSPORTATION SECTION, REVISING AN UNTITLED SECTION TO PROVIDE FOR BIANNUAL REPORTS INSTEAD OF ANNUAL REPORTS, AND REPLACING MAP H, THE MASTER PLAN, WITH A NEW MASTER PLAN, SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved Resolution Number 90-292 (Development Order Number 90-3) which approved a Development of Regional Impact (DRI) known as the Halstatt DRI (now known as Grey Oaks) on June 6, 1990; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution Number 90-292 (Development Order Number 90-3); and WHEREAS, and the DRI Development Order has been subsequently amended several times; and WHEREAS, the owners of the DRI property are desirous of amending the Development Order; and WHEREAS, Bruce E. Tyson, AICP of WilsonMiller, Inc., representing Naples Grande Holdings, LLC has petitioned the Board of County Commissioners to further amend the Grey Oaks Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on ,2007; and I Words struck tllrollgh are deleted; words underlined are added. l?C WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of SWFRPC and the Collier County Planning Commission and held a public hearing on ,2007; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN A. Paragraph 4 of the Findings of Fact Section of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 4. The applicant propose~e the development of Grey Oaks Planned Unit Development for 1,60l~ acres which includes: W4,& 84.8 acres of commercial uses to include 250 llete! reems, 653,453 square feet (gress floor area) of office commercial, 649,638 square feet (gross leasable area) of retail commercial, ~ 1.775 residential dwelling units, 72 holes of golf, and 3e7.88 368.18 acres of conservation, lakes and water management, which includes 60.66 preservation acres. B. Paragraph 3, "Housing," of the Conclusions of Law Section of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRl is here by amended to read as follows: 3.d Naples Grande Holdings, LLC shall commit to providing $1.000 per each appreved residential unit located within prepertv controlled by Naples Grande Holdings, LLC to the Collier Countv Affordable Housing Trust Fund at the time of issuance of a certificate of occupancv for such unit. This $1.000 pavrnent shall be credited toward anv additional affordable housing linkage fee that mav be in effect at the time of site development plan or plat approval. C. Paragraph 4, "Hurricane Evacuation," of the Conclusions of Law Section of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended to read as follows; 4.f. The applicant (or a homeowners association) shall annually distribute the County's "Hurricane Information Document" which prevides information on the need for the preject to evacuate, how to prepare for a storm, and hurricane evacuation routes in case persons should wish to leave the preject. g. Tlle lletel management sllall distrilmte t.fie County's "HHrricllHe Informatien DoeHment" in tlle event of a llmTicElfle emergency. l.t a minimum, early evacuation shall be 2 Words struck tllrOligh are deleted; words underlined are added. l?rl v recommenaea fur those rooms belo'.. 13.5 feet MSL aHa provisioHS to permit temporary shelter for the e'/aOllatea gHests iH the Hjlper interior hallway anallfH"eHtea rooms. D. Paragraph 5, "Transportation," of the Conclusions of Law Section of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 5.a. The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the Halstatt DRI. except for roadwav and intersection improvements related to construction of the Golden Gate overpass and related expansion of the Golden Gate Parkwav fCR 886) and Airport Road fCR 31) rights-of-wavs. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to, signalization, turn lanes and additional through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (CR 31), Golden Gate Parkway (CR 886) and ilie rntllfe Livingston Road. Attached hereto as Exhibit "E" is a list of access intersections approved for the project and changes that are or may be necessary in order to meet the long-range transportation plans for the area. A copy of the signal progression analysis requested by the County Transportation Department is incorporated by reference and copies have been submitted to the SWFRPC, Collier County and the City of Naples. E. Paragraph 4 of an untitled section of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 4. The applicant or its successor(s) in title to the subject property shall submit a report anflIially biannuallv. commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DR! Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the ffiIDaal biannual report shall be governed by Subsection 380.06(18), Florida Statutes. F. Exhibit "C" (Map H, Master Plan) of Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended by replacing said Map H, with E)(hibit "D" horeto, a new Master Plan depicted as Map H-I attached and incorporated herein by reference, reflecting the amendments herein described. 3 Words struck thrOHgh are deleted; words underlined are added. 1." ,1".' rt, SECTION TWO: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria listed in the DRI Development Order or in Subsection 380.06(19)(b), Florida Statutes. 2. The applicant submitted to the County, the Regional Planning council and the State Land Planning Agency Form BRM-08-86, said form being entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact" (DRI) Subsection 380.06(19), Florida Statutes. 3. The application is in accordance with Section 380.06(19). 4. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. 5. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC, and has established that the changes result in a reduction of the project's impacts. 6. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 7. No increase in development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Proposed Change to a Previously Approved DRI, EJlHibit 8, attaehed hereto and by referellee made a part hereof. 2. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. 3. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 4. The proposed changes to the previously approved development are consistent with Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. 4 Words stmek tlmmgh are deleted; words underlined are added. 17C 5. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE I. Except as amended hereby, Development Order No. 90-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. 2. Copies of this Development Order Number (Resolution Number ) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted this ~ day of ()f~ second, and majority vote. , 2007, after motion, ATTEST: DWI(}Hr,K.BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~cL PGtQ~~ ~C r\ttestt5 :.:;.iwPmWYiClerk 1 190 ~tur.l!til: 1 ' BY: d~ ~ ~N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency; VI. -t'~~;Jt,,-~~ MaIjorie . Student-Stirhng (j Assistant County Attorney Item # /-qc Agendg /J bel (_"1 OJte ~~lW '\ Dille \ I \:\1 \,..:1 Rd ~_T D 5 Words struck tlrroHga are deleted; words underlined are added. J! ili I7e ! 11!~!f Wi!f 1*'" t + UgO~um~~ ~ I I II il un 'I~I ".l"" SS$E~I'" !II ! I;U .; ~ p ~ fP i i! I i B; n~ I ~ ill U , t ~ Ii ~~; ~ U II . , ~ n . . , ~ ~ I I i ~! .ft'!" ~ ili I . . l~.aa'l 'I "' ~.I . a~.! '" i," ;~: ..... . i~!II~.I: I'; .-. ~E~ "I e~ ~ > l's r I i~ 1~111i1! iii i! lnl~';~ i ,. "I 6'~ ~ . ~ ~ t;i~ .. ~ ! H~!; .. ...... ~ III1 ~l11iJt -I ~i .f -. _u_ -. II 5 , N ~.OII '11 l "I !I) ~;[] i I .'.1 1[- I -- '." ~f. [.. rr. ~. r!! 'IIi.. i ,I . !Ii' , @1A1~'i7 1ID&1r(i!! DRI MASTER PLAN - MAP H-1 Wi/.Miller -.-.-.",,- --.-...- M$_.tlO. -.""-.-.-.,- -----.--...- _.,,_.....,,- ----.---.- PREPARED FOR: NAPLES GRANDE HOlDINGS, LLC Exhibit C 17D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) , l M..LM1 **.*****..................***....*..*..**.****..**....****..******tt::{*..***.*."':J!f-t,I'.I"'*l'I'.... Originating Deptl Div: Comm.Dev.Serv.l Planning Person: Kay Deselem. AlC~ Date: Petition No. (It none, give brief description); PUDA-2006-AR-10157, Grey Oaks PUD (DRI-89-1) Petitioner: (Name & Address): Mr. Bruce Tyson, Wilsonmillcr, Inc., 3200 Bailey Lane, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed. attach separate sheet) Naples Grande Holdings, LLC, c/o Bill Slavich, 404 Citation Point. Naples, FL 34104 Hearing before Bee BZA Other Requested Hearing date: Aoril 24. 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: PUDA-2006.AR.IOI57. Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMilIer Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1.601.4:1: acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway (the changes proposed in this petition wil1 only affect the southeastern quadrant of the intersection), in Sections 24,25,26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. Companion petition(s), if any & proposed hearing date: Compainion to DOA-2005-AR-7136 Does Petition Fee include advertising cost? Yes 131-138326-649100 No If Yes, what account should be charged for advertising costs: ~~Yh,f~ 3~ "Department Head D'if. I rr; Approved by: County Manager 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 lure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County ManRKer. Tbe Manager's office will distribute copies: County Manager alenda file: to Requestioe 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':l.):l USE ONLY: DateReceived:LI . CJDateofMli\h2in~ \u-=l-- Date AdvertiSed:~ ( crt- ORDINANCE NO. 07-_ AN ORDINANCE OF TIlE BOARD OF COUNTY COMMlSSlONllRS OF COUJI!R COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, TIlE COLlJER COUNTY LAND nJM!I:.OPMENT CODE, WHICH INCLUDES TIlE COMPRERI!NSIVB ZONING REOULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIlE APPROPRIATB ZONING ATLAS MAP OR MAPS BY CHANGING TIlE ZONING CLASSIFlCATION OF TIlE HBRFJN DESCRIBHD REAL PROPERTY FROM PUD TO MPUD FOR THE GREY OAKS MPUD FOR PROPERTY LOCATBD AT TIlE NORTHEAST, NORTIlWBST AND SOUl'HEAST QUADRANTS OF THE INTBRSECTION OF AIRPORT ROAD (STATB ROAD 31) AND GOlDEN GATB PARKWAY (COUNTY ROAD 886), IN SECTIONS 24, 25, AND 26 TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLDlR COUNTY, FLORIDA, CONSISTING OF 1,601'" ACRES; PROVIDING FOR TIlE REPEAL OF ORDINANCE NUMBER. 00-46, TIlE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATB. WHEREAS, Bruce Tyson, AICP, RIA, of WilBonMiUor, lnc., ropmlonting Naples Grande Holdings u.c, petitioned the Board of County Commission... to change the zoning classification of the heroin described ",at property. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, that; SECTION ONE' The zoning claasitication of tho ..... property doocribed in tho MPUD Document located in Soctiona, 24, 25 lIDd 26, Townsbip 49 Sooth, Range 25 East, Collie< County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Devolopment (MPUD) in accardaDco with the MPUD Documont,aItlIched hereto as Exhibit "A," which is incorponlled heroin SDd by roferonce mado part holeot: The opproprialo zoning atlas map or maps, II dc....ibed in Ordinance Number 04-41, II amended, the Collier County Land DevoIopment Codo, ilisro hereby amended accordingly. <Jrcy Oob, PUDA-2006-AR-IOI57 Psge I of2 1 r=; .~~ l iI ~' ~ SBCI'lONTWO: ~ Number llO-46, bown II tile Grey 0Ilks PUD. adopted on June 27, 2000, by lbe -.I ofeo...ty C......,,;.......... .fCoIli<< County, is bereby"'P"Oled in it. entirety. SRCI'ION TRDR.R: Tbia~ aha1l become effective upon filing with the Florida Department .fStat<:. P ASSBD AND DULY ADOPTED by "",,<<-majority vote of lbe Boord of COWlty C~~;'""- <>fCoIli<< County, Florida,1hia _ day of ,2007. ATIE8T: DWIGIfI'1!..1OCK, CIJ!RK f"'-.- BOAIID OF COUNTY COMMISSIONERS COLUBR COUNTY, FLORIDA BY: JAMES N. COUlTTA. CHAIRMAN ,Deputy Clerk Approved"'" limn md I. mftlellllCY: 1'# Matjorio M. SllIdaIt-S1lrli' Asaillml County Attorney PUDI.~lOl~ On:y <lob, PODA-20Q6.AIl-1DI57 P"8"2.f2 17D , (Revised 3/30/07) PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 " Exhibit A" 1 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER 90-48 AMENDED BY ORDINANCE 97-45 AMENDED BY ORDINANCE 98-94 AMENDED BY ORDINANCE AMENDED BY ORDINANCE 17D "ii ~,- b ,: I ,IL ! ........... INDEX PAGE List of Maps, Exhibits, and Tables iii Statement of Compliance and Short Title iv SECTION I Property Ownership and Legal Description 6 SECTION II Project Development 8 SECTION III Residential 18 SECTION IV Golf Course/Recreation/Park/Right-of-Way 23 SECTION V Conservation/Open Space 26 SECTION VI Commercial 28 SECTION VII General Development Commitments 33 (Revised 3/30/07) 2 17D LIST OF MAPS AND TABLES MAPS H - 1 PUD Master Plan E - 1 Native Vegetation within Grey Oaks E - 2 Native Vegetation - North Area of Northeast Quadrant E - 3 Native Vegetation - Northwest Quadrant E - 4 Native Vegetation - Southeast Quadrant and Southern Area of Northeast Quadrant TABLES TABLE I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE III Development Standards (Revised 3/30107) 3 17D STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Mixed Use Planned Unit Development (MPUD) to be known as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE GREY OAKS DRI/PUD are consistent with the growth policies. land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: 1) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, Objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future land Use Element. b) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future land Use Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H and 3.1.J. of the Future land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. This project (Revised 3/30107) 4 "'-,..... ,/ ~ consists of 1,601.39 acres of land, with 1,775 dwelling units, which equals a density of 1.11 dwelling units per acre. f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Mixed Use Planned Unit Development Ordinance". (Revised 3/30107) 5 l?D SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The Northeast quadrant is currently owned by: a) Grey Oaks Country Club, Inc. 2600 Golden Gate Parkway, Naples, FL , 34105. b) LDG South LLC. 5692 Strand Court, Naples, FL, 34110. c) Individual Landowners. The Southeast quadrant is currently owned by; a) Panthers Grey Oaks. Inc., c/o Naples Grande Golf Club, 475 Seagate Drive, Naples, FL, 34103. b) Naples Grande Holdings LLC, 404 Citation Pt.. Naples, FL. 34104. c) Sea Investments LLC, 10350 Bren Road W., Minnetonka, MN, 55343. The Northwest quadrant is currently owned by: a) Halstatt Partnership, 2600 Golden Gate Parkway, Naples, FL, 34105. b) Estuary at Grey Oaks L TD, 4200 Gulf Shore Blvd. N., Naples, FL, 34103. c) Grey Oaks County Club, Inc., 2600 Golden Gate Parkway, Naples, FL, 34105. d) Individual Landowners. 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in OR Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25. Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873. page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O. R. Book 465. page 278, Public Records of Collier County, Florida; ALSO LESS those lands described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, (Revised 3/30/07) 6 , 1...... , ....", /.~ f' f If ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C- 886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539. page 370, Public Records of Collier County, Fiorida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. (Revised 3/30/07) 7 j l?D SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community with a "town center", and other retail and office development located in Collier County. The properly is generally located in the northwest, northeast, and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The properly is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the west by the Gordon River Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the properly is in the incorporated City of Naples and constitutes approximately 354 of the 1,601.39 acres. The remainder of the properly is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (MPUD Ordinance) for the entire project, including that portion that lies with the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (MPUD) and Development Order for the project, the developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the properly within Ihe City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and MPUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. (Revised 3/30/07) 8 . , i .,,^. The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601.39 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this MPUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Grey Oaks DRI Community and it is therefore, essential to the viability of the planned community that the MPUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H-1, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout. roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of site development plan approval. For each succeeding subdivision and/or site development plan, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. (Revised 3130107) 9 17D~"" 2.04 PROJECT DENSITY The total acreage of Grey Oaks Mixed Use Planned Unit Development is approximately 1 ,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,775. The number of dwelling units per gross acre is approximately 1.11. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1,775. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULED The developer will commence the project within the northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2.07 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan Approval or platting) this reference shall be conslrued to mean the applicable Collier County procedure or approval in effect at the time of development. (Revised 3/30/07) 10 17, 2.09 LAKE SITING As depicted on the MPUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in applicable County ordinances, may be reduced subject to the approval of the County Engineer at the time of Subdivision and/or excavation permit approvai. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards shall meet the requirements of a commercial excavation per applicable County ordinances. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and applicable County ordinances. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The developer shall create appropriate homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County ordinances regulating subdivisions, unless otherwise approved as an exception during subdivision approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of the LDC shall apply to the development of platted tracts or parcels of land as provided in the LDC prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a) Models may be constructed prior to approval of a plat. b) Models may be permitted as "dry models. and shall obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. (Revised 3/30107) 11 --' 17D c) Models may not be utilized as "sales offices' without approval by and through the site development I2lan process. The site development plan process shall not be required for dry models pursuant to this Section. d) Prior to recording of any plat, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions shall meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages. setbacks, and the like as set forth herein. e) Temporary access and utility easements may be provided in lieu of dedicated rights- of-way for temporary service to model homes or units. f) Sales, marketing, and administrative functions shall be permitted to occur in designated model homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and sile improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a) "Sales Centers" may be constructed prior to recording of a plat. 'Sales Centers' may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district shall be required unless a permanent water system is available to serve the Center. (Revised 3/30/07) 12 l7e b) Review and approval of "Sales Centers" shall follow the requirements of the site development plan process of the LDC or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan shall be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. c) At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a certificate of occupancy is issued. Models shall obtain a conditional certificate of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. 2.16 DEVIATIONS' A. Deviation from LDC Section 4.02.24 A.2. and 3. - Corridor Management Overlay District which requires a front yard setback of 100 feet for the first floor of residential dwelling units and a 25-foot setback for each additional floor. Deviation; Residential structures within the Grey Oaks MPUD shall comply with Section 4.02.24, Corridor Management Overlay District unless an enhanced Type 0 Buffer, 20 feet in width, containing a wall and landscaping is placed along Golden Gate Parkway between residential development and the Parkway. Residential structures shall be set back a minimum of 2 feet horizontally for every 1-foot of building height measured from the properly line to any point on the building, but in no case shall any residential structure be closer than 100 feet to Golden Gate Parkway. Sections, drawn to scale, shall demonstrate that sight lines from passing passenger cars (4 feet in height) in the center lane of the eastbound lanes of Golden Gate Parkway will break the views to the top of residential buildings within the southeast quadrant of the Grey Oakes MPUD. These tree heights shall be shown on the perimeter buffer landscape site development plan drawings. Trees and shrubs may be planted and maintained by the developer within the Golden Gate Parkway right-of- way provided that a landscape maintenance agreement is executed between the County and developer. B. Deviation to 5.03.02.C.1 of the LDC, Wall Height, which states that fences or walls in residential districts shall be maximum of six (6) feet tall. (Revised 3/30/07) 13 17 Dl Within the Grey Oaks MPUO, walls, not to exceed ten feet (10') in height, shall be permitted along both sides of Golden Gate Parkway and along Livingston Road in the northeast and southeast quadrants. The walls shall be located to allow a minimum of five feet (5') of landscaping between the properly/right-of-way line and the walls. The intent is to provide consistency within the Grey Oaks project so that existing and proposed walls are of similar height. C. Deviation from Section 6.06.01 J. of the LOC, Dead End Streets, which states that dead end streets shall be prohibited except when designed as a cul-de-sac. Culs-de- sac in excess of 1,000 feet shall not be permitted unless topographical conditions or other natural features preclude a street layout to avoid longer culs-de-sac. Within the southeast quadrant, a deviation is requested to allow for cul-de-sac streets to be 2,300 feet in length providing that roadway and cul-de-sac lengths do not conflict with the County Fire Protection Ordinance. D. Deviation from Section 6.06.02 A.3 of the LOC, Sidewalks and Bike Lane Requirements, which states that sidewalks five (5) feet in width must be provided on both sides of local streets. In the Grey Oaks MPUD, local streets that only provide access to residential units placed on one side of a cul-de-sac street shall be required to be served by a 6-foot sidewalk on the side of the street serving the residential units. No sidewalk shall be required on the side of the street without residential units. * Deviations apply to Southeast Quadrant only. (Revised 3/30107) 14 . , '-. THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier Counlv\ AMOUNT ACREAGE Residential units 1,311 D.U. 332.06 Ac. Commercial (Total) 1,203,091 S.F. 70.4 +/- Ac. Office (gross floor area) 593,453 S.F. Retail (gross leasable area) 609,638 S.F. Hotel o Rooms OAc. Golf Course/Recreationl 54 Holes 614.31 Ac. Park/Riaht of Wav Lake/ 225.41 Ac. Water Manaaement Conservation 5.32 Ac. Sub-Total 1,247.45Ac. Note; Native Vegetation Preserve In Northeast and Southeast Quadrants totals 79.36 ecres. (See attached Drawings E-1 through E-4 for locations). Northwest Quadrant ICitv of Na les) AMOUNT ACREAGE Residential units 464 d.u. 100.71 +/- Ac. Commercial (Tolal) 100,000 S.F. 14.4 +1- Ac. Office (gross floor area) 60,000 S.F. Retail (gross leasable area) 40,000 S.F. Golf Course/Recreation/ 18 Holes 107.4 +/- Ac. Park/Riaht-of- Way Lake/ 76.04 +/- Ac. Water Manaoement Conservation 55.34 +/- Ac. Sub-Total 353.89 Ac. Note; Native Vegetation Preserve in Northwest Quadrant totals 58.63 acres. (See attached Drawings E- 1 through E-4 for locations). Note; All acreages are digitized approximate acreages and are subject to change and variation. Note; The Northeast Quadrant shall have a total commerciaUoffice square footage of 1,203,091 S.F. (Revised 3/30107) 15 17D THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989-1995) Land Use Designation No. Units Hotel Rooms Square Feet Residential 94 Commercial (GLA) and Office (GFA) 0 Hotel 0 Golf Course" 1 " Golf Course = 18 holes with phased club facilities PROJECT YEAR 7-13 (1996-2001) CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet Residential 963 Commercial (GLA) and Office (GFA) 500,000 Golf Course" 3 * Gold Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction). (Revised 3/30107) 16 r;:~. J "", j .IT ..i ct { L' TABLE II (Continued) PROJECT ABSORPTION SCHEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land Use Designation No. Units Hotel Rooms Square Feet (GLA) Residential 1775 Commercial (GLA) and Office (GFA) 1,303,091 Golf Course. 4 . Golf Course = 72 holes with full club facilities (3'" golf course may be constructed after year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction). Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi-use categories which will be assigned to the various development pods shown on Map H-1. These land use categories will allow for a true mixed use development to occur and allow the "developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that build-out of the residential, town center and majority of the office and commercial uses may occur in the first 12 years. (Revised 3/30/07) 17 17 D 1.. SECTION III RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1, Planned Unit Development Master Plan. as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,775 dwelling units may be constructed on lands designated as "R" or Residential. The 25 +/- acre parcel designated "R" on the MPUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a floor-to-area ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to accommodate a full range of residential dwelling unit types. Approximate configurations of land use tracts have been indicated on the MPUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, townhomes, multi-family dweilings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 4) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 3/30/07) 18 l'~ ..I ". . i ". 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this District. 2) Essential services and facilities, as defined in the LDC. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1, 2, and 3. uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or County dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement. whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. Standards for par1<ing, landscaping, signs. guard houses. entrance gates and other land uses not specified herein shall be in accordance with the LDC Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated. setback, heights, and floor area standards apply to principal structures. Development standards for residential uses not specifically set forth in Table III shall be established during subdivision master plan or site development plan approval as set forth under Sections 2.03 and 2.11 of this Document. Setbacks and other buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: a) One story single family structure: (Revised 3/30/07) 19 17D1 Principal - 25' Accessory - 15' b) One story multi-family or two story structure: Principal - 50' Accessory - 50' c) Two story structure greater than 30' in height: Principal - 75' Accessory - 75' d) Three story structure: Principal - 175' Accessory - 175' e) Four story structure: Principal - 400' Accessory - 400' f) Vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). g) A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 by 25 foot section. The buffer shall be installed prior to construction of homes. h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. "Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. (Revised 3/30/07) 20 17n DEVELOPMENT STANDARDS "R" Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CLUSTER FAMILY FAMILY ATIACHED/ MUL T1-FAMIL Y DETACHED DETACHED OR DUPLEX TOWN HOUSE VILLAS CATEGORY 1 *4 2 *4 3 *4 4 *4 5 *4 *5 MINIMUM SITE 9000 5000 35000 1 AC 2500 AREA SF/Lot SF/Lot SF/Lot SF/Lot SITE WIDTH 75' 50' 35' 150' 16' MIN.AVG. SITE DEPTH 120' 100' 100' 150' N/A MIN. AVG. FRONT YARD 25' 20' 20'*1 20'P 0' SETBACK SIDE YARD 7.5' 5' o or a *6 20'P SETBACK minimum O'GC 0' of 5' REAR YARD 20'P 15' P 15'P 20'P 10' P SETBK PRINCIPAL 10'GC 10'GC 10'GC O'GC O'GC REAR YARD 10'P 10' P 10'P 10'P 10' P SETBACK ACSRY. O'GC O'GC O'GC O'GC O'GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 *2 2 DIST.BE'TWEEN PRINCIPAL STR. 15' 10' 0' or 5' *6 15' *3 -1 story 7' 25' *3- 2-3 story 30' *3- 4 stories & higher FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Detennined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the reannost point of the parcel lines at the rear (point of intersection with the rear parcel line ). May be reduced on cul-de-sac lots. (Revised 3/30107) 21 :J1 -~n '?' ''l """.. ~ P. Perimeter of I nternal Sites GC = Golf Course, or Lake Front Sites * 1 This setback may be reduced to 10' for side entry garage *2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. *3 or Y:. the sum of the adjacent buildings, whichever is greater. The following sentence applies to the Southeast Quadrant only. Where adjacent multi-family buildings are clustered about a common access to garage parking or courtyards, and share a common architectural theme and are a minimum of 2 stories in height, the minimum distance between the buildings shall be 40% of the sum to the heights of the two multi-family buildings. *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished per the LDC. *5 In the context here used "villas. means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. *6 For patio homes with less than a 5' side yard setback, the opposite side setback shall be sufficient so that the combined setbacks equal 10'. Once the first building, on the side of a street utilizing this product type is permitted, all subsequent buildings must follow the pattern established by the first unit. For example, a 3' setback on one lot must be followed by a 7' setback on the next lot or vice versa. (Revised 3/30/07) 22 i 17D SECTION IV GOLF COURSE/RECREA TION/PARKlRIGHT-OF-WA Y 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, rights-of-way, and open space. Subject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7) Project Information and Sales Center. 8) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in Ihe district. (Revised 3/30107) 23 "!' '~J;-" .. , t J , B. Permitted Accessory Uses and Standards Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area, and pump houses, golf courses rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities. subject to the provisions of the applicable supplementary district regulations of the Land Development Code of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recrealion and park uses, and water management facilities, in which case the setback is zero (10') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - 1 and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10') feet -1 story. Twenty (20') feet - 2 story. 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. (Revised 3/30/07) 24 c~ L_ Ten (10') feet - accessory structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 10-foot wide combination berm, landscaping, and wall buffer shall be provided along the south side of the FPL easement paralleling Golden Gate Parkway within the northwest quadrant adjacent to golf course and residential uses. The berm shall be no higher than 2 feet and the wall no higher than 8 feet. Landscaping shall be placed in front of the wall screening a minimum of 50% of the wall. An additional 1 a- foot landscape buffer shall be placed along the north edge of the FPL easement where said easement abuts golf course or residential uses. Golf course is allowed within the 1 a-foot wide buffer. (Revised 3/30/07) 25 ~ 17D SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Map H-1 as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat slorage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. (Revised 3/30107) 26 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County Environmental Staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas shall be subject to jurisdictional agencies review and listed uses do not guarantee that those uses will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. (Revised 3130/07) 27 17D SECTION VI COMMERCIAL 6.01 PURPOSE The purpose of this section is to set forth the regulation for the area designated on Map H-1 MPUD Master Plan, as "C. Commercial "O/C" Office Commercial, "0" Office, and "Town Center". These are areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County LDC. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected. altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O/C. and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs*1; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. (c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and installation; car wash; child care centers; churches and other places of worship *1; clothing stores; cocktail lounges*1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services*2. (d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. (e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including lawn mowers and power saws. (f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs*1; food markets; fumiture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. (Revised 3/30107) 28 I " " '<.", (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. (j) Jewelry stores. (k) Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (I) Markets - food; mar1<.ets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. (m) New car dealerships - outside display permitted; news stores; night clubs*2*1. (n) Office - general- business, and professional; office supply stores. (0) Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2; private clubs*2*1; plumbing shops and supplies. (p) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipments, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants - including drive-in or fast food restaurants and full service *1; retail sales of used goods; all uses permitted in Section III and IV of this Document - subject to development standards identified in those Sections. (q) Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers*1; souvenir stores; stationery stores; supermarkets; sanatoriums. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) Watch and precision instrument sales and repair shops. (Revised 3/30107) 29 , 17D (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. 2) Permitted Uses and Structures for "0" (Office) Tracts; (a) Art studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. (c) Child care centers; churches and other places of worship; commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs"1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. (i) Office - general - business, and professional; office supply stores. OJ Private clubs*2. (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (I) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (Revised 3/30107) 30 3) Permitted Accessory Uses and Structures; Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence*1. 6.03 Development Standards 1) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (100') 3) Minimum Setback Requirements (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback - Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (10'). 4) Minimum setbacks and buffer from external rights-of-way: (a) Golden Gate Parkway - Fifty foot (50') setback, Twenty foot (20') landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every one foot (1') of building height; twenty foot (20') landscape buffer. 5) Maximum Height: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,000 square feet per building) on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square feet, and are not bound by setback requirements. 7) Maximum Floor Area Ratios (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: Office: .30 .35 Project total 649,638 GLFA Project total 653,453 Gross Floor Area (Revised 3/30107) 31 . 17D 8) Distance Between Structures: Same as for side yard setback. 9) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights. and floor area standards apply to principal structures. 10) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. 11) The public intemalloop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. 12) An 8-foot high wall may be installed on grade, on a landscape berm, on golf course mounding, or on driving range mounding, within a residential, golf course, club, golf facility or commercial parcel to buffer the commercial uses from the residential and other uses. "1 In accordance with LOC requirements for this type of use. "2 Northeast and Southeast quadrants only. (Revised 3/30/07) 32 . :/l''r1'''- 1':1 "-"l"'~ SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 MPUD MASTER PLAN 1) The P.U.D. Master Plan - Map H-1 is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this Ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this MPUD and do not cause significant impact to surrounding properties abutting the Grey Oaks MPUD. 7.03 ENVIRONMENTAL 1) The developer shall be subject to Collier County Growth Management Plan Conservation and - Coastal Management Element and applicable County ordinances. The 25% shall be monitored at each site clearing plan submittal. The developer shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the developer shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The developer shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. The entire MPUD has been evaluated for nativelviable vegetation at the time of platting or site development plan approval and such vegetated area has been determined to be 551.94 acres. This includes 13.31 acres of native vegetation within the Golden Gate Parkway right-of-way. The total assumes that the eastern-most parcel in the southeast quadrant contains 15.03 acres of native vegetation. [Preserving 25% requires 137.99 acres while 137.10 acres of native vegetation has been preserved.] The eastern-most parcel in the southeast quadrant shall provide .89 acres of native vegetation preserve to satisfy the 25% preservation requirement stipulated in Paragraph 7.03.1 above. See Drawings (Revised 3/30107) 33 . 17D E-1 through E-4 locations of native vegetation. The required retained native vegetation shown on the preserve drawings, Exhibits E-1 through E-4 may be modified administratively by the Environmental Review Staff, providing that an equal area of existing native vegetation of equal or greater habitat value is provided in a preserve area that meets the requirements of the LDC in effect at the time of any such modification. To accomplish this, the property owner shall apply to the County and obtain approval for an amendment to the underlying SOP or plat and construction plans. 2) The developer shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 4) The developer must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials that is in excess of two (2) days supply, at the satellite facilities. However, petrOleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The developer shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. 5) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Development of Grey Oaks shall proceed in accordance with the contents of this Document, MPUD-Mixed Use Planned Unit Development District, applicable sections of the Growth Management Plan and the regulations in the Collier County Land Development Code in effect at the time of issuance of any development orders to which said regulations relate goveming the permitting and construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. 7) Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) Rules and Regulations, as well as the U.S. Army Corps of Engineers Section 404 permitting program. Removal of (Revised 3/30107) 34 71 'fJ ;7'> ,~ I exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. 8) All conservation areas shall be recorded on the plat with protective covenants per or similar to 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 responsibilities, and to Collier County with no responsibility for maintenance. 9) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to the Environmental Staff for review and approval prior to final site plan/construction plan approval. 10) The developer shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.04 WATER MANAGEMENT 1) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3) An excavation permit shall be required for the proposed lake(s) in accordance with applicable County ordinances and SFWMD Rules. Several of the lakes proposed do not meet the minimum setback requirements of County ordinances. The Master Plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the subdivision master plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County ordinances. 5) Detailed site drainage plans of each drainage sub-basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction (Revised 3/30107) 35 l?D permits shall be issued unless and until approval of each individual drainage sub- basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated docurnentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to subdivision master plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation from Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to subdivision master plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management DistricUBig Cypress Basin. 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. This provision shall be permitted and implemented along with a corresponding site development plan or plat. 2) The developer shall provide arterial level street lighting at all project accesses. This provision shall be permitted and implemented a long with a corresponding site development plan or plat. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right of Way Dedication: a) The developer shall dedicate sufficient right of way north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and (Revised 3/30107) 36 , J'';; J, releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the amount of $30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right of way width requirements. b) The developer shall dedicate 50' feet or road right of way south of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements. (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback, and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier County Circuit Court Case No. 98-1635 CA. The developer and County agree that the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a total credit of $330,735 for this additional land dedication. c) The requirement in Grey Oaks DRI Development Order 90-3 at paragraph 5.c. (Iv) that the applicant build Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge over the Golden Gate Canal (based upon the cost of a two lane rural roadway) shall be fully satisfied by the reduction of existing or future impact fee credits, in the amount of One Hundred Eighty-Five Thousand Dollars ($185,000). 5) The developer shall dedicate 40 feet of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gateway Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. (Revised 3/30107) 37 f .... -Ii l?D 6) The developer shall dedicate 40 feet for right of way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a written request from the County. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run off in the lake system. 8) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gateway Parkway being the grade separated roadway. 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statues. 10) If Collier County adopts a proportionate share or area-wide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for right-of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit 0-1 to the Grey Oaks DRI/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application. 13) The County and the developer shall explore whether it would be in their individual best interests and mutual advantage for the developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interest, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. 7.06 UTILITIES 1) The water distribution system and appurtenant facilities to serve the project shall be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road shall be (Revised 3/30107) 38 i 17D designed, construction, conveyed, owned, and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water-Sewer District prior to the submissions of subdivision master plan applications to Collier County for the project. a) e) (Revised 3/30107) The sewage collection and transmission and interim sewage treatment facilities to serve the portions of the project on the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with applicable county ordinances and regulations. b) All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the developer, at its expense will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the developer, its assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with applicable County ordinances. c) d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main, which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights-of-way. The force main must be extended from the main on-site pump station site to the east right-of-way line of Airport Road and capped. It shall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. Prior to the approval of construction documents that provide for development that generates wastewater by the County, the developer 39 . 170 shall present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide the service through its sewer facilities. f) The project's developer(s), their assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. g) All subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation shall be provided to verify that the site is of adequate size for the facility intended. 7.07 SIGNAGE 1) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this MPUD DocumenVOrdinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should any of the signs be requested be placed within the publiC right-of way, a right-of-way permit shall be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. 2) Entrance Signs a) Two (2) signs with a maxirnum area of 60 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. (Revised 3/30107) 40 '{' . ~ .<' '7 U2. r ' '1 l' 3) Project Signs a) Project signs, designed to promote the project, or any major use within the project shall be permitted along the east and west sides of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all tracts within Grey Oaks MPUD limits subject to the following conditions: i. Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor shall the overall area of the sign face exceed one hundred (100) square feet. ii. A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. iii. Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for neview. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during subdivision approval. 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County right-of-way shall meet the requirements of the applicable County ordinance. 5) Internal access into tracts as shown on the MPUD Master Plan is informational only. Exact locations shall be determined during subdivision or site development plan approval. 7.09 EXCEPTIONS TO SUBDIVSION REGULATIONS (Revised 3/30107) 41 17D , Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the developer and the School District. 7.11 FIRE STATION/EMS SITE The developer shall convey a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services. The site was conveyed in fee simple, subject to the following conditions: 1) The site shall revert to the owner, or subsequent owner, if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district for the Emergency Medical Services adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. 7.12 AFFORDABLE HOUSING Naples Grande Holdings, LLC shall commit to providing $1,000 per approved residential dwelling unit located within property controlled by Naples Grande Holdings, LLC. Payment shall be made to the Collier County Affordable Housing Trust Fund at the time issuance of the certificate of occupancy. This $1,000 shall be credited toward any additional affordable housing linkage fees that may be in effect at the time of site development plan approval. 7.13 DEVELOPMENT OF REGIONAL IMPACT The developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project. (Revised 3/30107) 42 ...r "",.,.-~ ". 1 / I' f { L , I ! , II I~ I III I ~ " '!~~'lll!!.! I ! II !In n I I IHHlliliillllm I II ~ , I 11~111! 1111 I !1111 i I I i II I j !I~II . . '1 ! 1i;1=' I' II i .1. rl! I ,,1'1 I!I I!I l!l diU 1:1 J Ii! I dill I ..I I q It) ~~mrm~i 1il1il1i!\1 IIDbl~1!l PUD MASTER PLAN - MAP H-l ..... _._._.- '-.-- -.. -....-.-.-.- -o::::."':::'".':"o.-="'- --....-- PAEPAfED flORI NAft..ElB (IWI)E HOl.I:R1B. u.c c )n Z -< C\,; .. z ~ -< ~ III -" -" ~ -< os \-. \J\ :.: )n ~ ~~ ::l ~ -< 'Z " ~ ~ .. HI iii I" . i I ~.!l III in - . , ~ ~ ~ ;" ;.;; ~ n; ~ ~ !.: S ~ ~ ~H 1i~. ,,; it .~ .. , ~ '0;. e r.: 1 . ~ ~. ;; ~ ,,'; ~ II! n~' " ~ i . . · i ~ III IIi ~. ,~ ;;.: ~ ~ '" co Uj 5 .... '" o , .., il~ . ..<:::! <":"'...... QiS.. ;;;J'~~ a...fd , I t ~ ~ ~ ~ I ! ~ l?a April 3, 2007 Attn: Legals Nap]es Dai]y News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDA-2006-AR-I0157, Grey Oaks PUD Dear Legals: Please advertise the above referenced petition on Sunday, AprilS, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk Enclosure Charge to: 131-]38326-649100 1~ ,i l . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 24, 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, 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 PUD TO MPUD FOR THE GREY OAKS MPUD FOR PROPERTY LOCATED AT THE NORTHEAST, NORTHWEST AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT ROAD (STATE ROAD 31) AND GOLDEN GATE PARKWAY (COUNTY ROAD 886), IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,601 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00-46, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDA-2006-AR-l0157, Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller, Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601 +/- acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA-2005-AR-7136) A copy of the proposed Ordinance is Board and is available for inspection. invited to attend and be heard. on 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 Manager 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 l?D 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) Dwight E. Brock Clerk of Courts CUl!p.fy'ofCollier CLERK OF THE GlRCQIT COURT COLLIER COUNTY PURTij,OUSE 3301 TAMIAMI TJ,<.AIL EAtST P.O. BOX 4~}044 \. NAPLES, FLORIDA'~.4101-3o\t4 ., \')' 'r:. '" If ". <, t Clerk of Courts Accountant Auditor Custodian of County Funds April 3, 2007 Naples Grande Holdings, LLC c/o Bill Slavich 404 Citation Point Nap]es, FL 34104 Re: Notice of intent to consider Ordinance: PUDA-2006-AR-I0157, Grey Oaks PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Nap]es Dai]y News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ^ f) 1.0-. ~O-\~--{ h~~ ~o]aski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.l1.us Fax - (239) 775-2755 Email: collierclerk@.clerk.collier.l1.us Dwight E. Brock Clerk of Courts CUijp.tyofCol,lier CLERK OF THE-ClRCU:IT COURT COLLIER COUNTY -~'.. URTi'iO. USE 3301 TAMIAMI T IL EA'ST P.O. BOX 4 :~044 \ NAPLES, FLORIDA'~4101-3d44 u 170 Clerk of Courts Accountant Auditor Custodian of County Funds Apri] 3, 2007 Mr. Bruce Tyson WilsonMiller, Inc. 3200 Bailey Lane Nap]es, FL 34105 Re: Notice of intent to consider Ordinance: PUDA-2006-AR-I0157, Grey Oaks PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Corrrrnissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK M~~ %tG-~t( ~( . Teresa Po]askl, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.fl.us Fax - (239) 775-2755 Email: colliercIerk@cIerk.collier.fl.us i l..C:., Teresa L. Polaski To: Subject: legals@naplesnews.com PUDA-2006-AR-10157 Attachments: PUDA-2006-AR-1 0157.doc; PUDA-2006-AR-10157.dot Legals. Please advertise the following on Sunday, April 8, 2007. Any questions, please contact me. Thank you ~ .Wl1 ~ PUDA-2006-AR-101 PUDA-2006-AR-101 57.doc (28 K8)... 57.dot (31 KB)... Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polask i@clerk.collier.fl.us) 1 Teresa L. Polaski 17D" From: Sent: To: Subject: ClerkPostmaster Tuesday. April 03, 2007 10:46 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2489504.txt; PUDA-2006-AR-10157 1"",1 liJ B AlT2489504.lxt PUDA.2006-AR-101 (231 B) 57 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 PUD A - 2006- AR -10157 Page 1 of 1 1" - ",.,... ~.< ./ t Li Teresa L. Polaski ~'~"'W~~^"____"_~~_~~__~__W__".__~~_w~w,, ,___.'w__,_,_ ,_"_,,,'_w,~___w___wwwW_""_'W""~'_'~_W_W_~W'W _.....,._._.___w~,__"._...____ww~_~ From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday, April 03, 2007 10:56 AM To: Teresa L. Polaski Subject: RE: PUDA-2006-AR-10157 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.collierJl.us] Posted At: Tuesday, April 03, 2007 10:46 AM Posted To: Legals Conversation: PUDA-2006-AR-10157 Subject: PUDA-2006-AR-10157 Legals, Please advertise the following on Sunday, April 8, 2007. Any questions, please contact me. Thank you <<PUDA-2006-AR-10157.doc>> <<PUDA-2006-AR-10157.dol>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Pol aski@clerk.collier.fI.us) 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. 4/3/2007 NAPLES DAIL Y NEWS Published Dmh Naples. FL ,-II 112 Affidavit of Publication State of Florida County of Collier Before the undersigned they SCf\'C as the authority_ pcrsonall)" appeared Phil Le\\ is. \\ho on oatil says lhallhe, scryc as the Editor of the Naples Daily, a daily newspaper published at Naples. in Collier County. Florida: distribuled in Collier and Lee counties of Florida: thaI the attached COPy of the advenising, being a PUBLIC NOTICE III the matter of PUBLIC NOTtCE \vas published in said newspaper I time in the issue on. April 8'1. 201l? .\1Eant further says that th;: said :.Japl.:s Dail:.: ]\;:ws is a n<.:wspap<.:r puh!ishlOd at Naples, in said Collier County. Florida. and that 111<:: said ll.:\\'spapCf has hcn::tofor..:: bccn continuously puhlish.:d in said Colliel C OUlll\'. Florida. distribllkd in Collier and I.":": c'ounti..os or Florida. cad] da~ and has hccn enkred as s<.:..:ond class mail matt;:r at th\.' post nfli..:..: in \-apk<;, ill said Collier County. Florida. for a period of 1 ~..::ar next preceding th.:: first pllhlicaliclll ofth..:: attached L'OP\' oj' ~ldv<::r1is<::ml.'nt: and .dEanl further says that h..:: has neithl.'r raid no! promised any r.::rSOll. lirm or corporation any discount, fehah:. commission or rdtllld f(lr the purpos(: \)fsecuring this adVl.'11is.::menl for puhlication in the S' ill newspapc'f Sworn to ~Uld subscribed before me This 8th Dal of April 201l? . ,.) ",/1 ;/ (:: ......:.<:. ,.-L., L / ?.c._ ct...-" 7 (.~~..J (Signature of nolal\ pubfi~) - " it .,,...._,....~,. tD ~-" :;tS~- " "', I"'r",--',-" 0110 lIIIIf"'~ .~.~JI. . :8f~Tikofo CONSIDER ORpINANCE Notice II hereby given that on Tuesday, April 24. '2007. In the BO.rd. room, 3rd Floor. Admin. tstra Ion Building, Col. !Jer County Government Cemer, 3301 East Tamla- ml TraU. Naples. florida, the Board of County Commissioners will con- sIder the. enadment. of a County Ord-lnance-. The meetlng wllfcom. mence at 9:00 A.M. The title of the proposed Or. dlnance" as follows: Q~~ORDI~~9,~8ti,Jf~ ~'l! .'lllNE~$ OF CtiLI.HR-' 'COltNTY, FLORlt)A, AMENDING O~_ 0" .,. 45 INDED. THE COLLIE lOIlNTV 'l4ND DEVE-l _ MINT.. CODE, WHICH'i'WCLUDES THE fN"r::M~"~~s'P~R THE UMfNeORPORA TED ~.~iL~4~~ 1P.m'.M"1PPROPAIATE tONING ATU\S MAP O~ MAPS av 'CH-ANGING THE ZONINOCLASSIFI-1 C~!I011 (OF THE HE~EINI D=ClllBlD RE4l PROp. E&TY 'FROM PUD TO Mfl,UO ::FOR THE GREY OAKS MPtlD :fOR PROP. ' ERTY_LOCATED AT T~E NORTHEAST. NORTH- I WEST AND '.$OUTHEAST QU4DIl4NT$OF THE IN. TER$EClIONOF AIR. PORTROAD (STAT I, !OATO' 31) AND GOLDEN' GA I! PARKWAY (COU. PiTY ROAD 886). IN SEC. TIONS -24. 25 AND 26, TOWNSHIP, 49 SOUTH, RAMGIE 25 EAST. COLLIER fPs'ma'6"P~I?tdl C~: ACRES; PROVIDING' FOR ~THEH~t';fU~I~k gJ'.~1' t 1'ORM1~.QRlV 04i1!1 PUDj AND tv PROVIDING AN t.FFEC1'fV! DATE. Petition PUDA-2006-AR~ f 10157. Naples Grande '. Ii Holdings, LLC, repre,. $ented by Bruce E. Ty- son. of WII,onMlUer, Inc.;tequestlng an amendment to the Grey Oaks PUD. to . replace ~ approved ho~ use Wtth resldentlaJ land ur.ies.-' and acid 175 untts t... . changing the maxlmu number of units to 1.m dwelling units for a pi"9f- ect density of 1.12 IJftIt's I per acre.- The PUD com-- orl.lng 1,601 +/. acres . Is located at the north- east" northwest and ~... . i;.i!. !':t'e' ParkWI'y _ the . ctIangel P1'bposed. In. thl'_Iof),wllt_llf. fectthe.. southeastern q::~&!t,_ ',ttwlnter. ~ and iJ,nT=:, ~ South, .Ranvi 'Z5 ,~ut~ CoIlt.. COunt....d th. CltyofNlopIes,F1a11d!1. (Como-anlol"i to DOA- 2005-A1Hl36) I A copy 01 the proposed Ordinance Is on file with the Clerk to the Board and Is available for In- ~Jt"r:'~ NOtE: AIIJ..:ersoni =~-~ ter wlthth.eiC:qtt,,"*Y Manager pl'lor to'pt'e~ sentatlonof the. aaenda Item' to be a~dreS5ed, Indlvldual- It)rikers wlll be . limited to 5 minutes on any' Item. The seltilC- tlon of an Indl....1dual to =;~:~~ nlzed'bthe ChtIl'IfttII. e, IPokespetJon' fOf,a group or. oroanlzat~ may be "lotted, 10 mln- Utes to sP'eak(J!n an film.' ftir.o~swt$tdriQtG, ~ve .~en ','Qt:,graPhic m:t="~ etl must lubmlt. s.ld, IfMJteriaI a mlntmumol3 weeks- prlor.to.the, re- spective pUblic heIlrfnO, l"or~~iiil,., .t! =be . ,__~,lo lI\O ajloropRAtt;<l\ully staff a minimum or sev. 'in:$rJ3;-,~~ tlon~belol1l tft'::d will becorn-ea pe"",.- AI\Y'_ori;'.;c1e~ ~.lfa"i.~I~..:Jl'~ rec()rd'7Jtth'.'~ed. Ingspertalnlng thereto lUlU ,U~':<IUI"'lmay -neecI to ensure that a verba- tim record of the _pro. I ceedlng~: lsrnade>'whleh record InclUqes' the- tes. tlmony and- evidence upon whk:h th."lPpeal Is based. " ' BOAR'O' 0' COUNTY COMMISSIONERS COI,.LIER COUNT-Y, FLORIDA JAMES COLmA, CHAIR- MAN . DWIGHT t. .,ROCK, CLERK By:teresa Polaskl.Dep- utyClerk (stAL) Apr. 8 No, 1549941 L.J I / ORIGINAL DOCUMENTS CHECKLIST & ROUTING sJ7 0 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 Oflice 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 excention of the Chainnan's signature, dmw a line throw:!:h routinll lines # 1 throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5', Route to Addressee(s) Office Initials Date (List in routimz 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 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 infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the item) Name of Primary Staff Kay Deselem Phone Number 213-2931 Contact Agenda Date Item was April 24, 2007 Agenda Item Number 170 Approved bv the BCC Type of Document Ordinance ()UOI40 N umber of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fa nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC 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 ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. e a\ll re of our deadlines! The document was approved by the BCC on 24, 2007 and all changes made during the meeting have been incorporated in the attached document, The County Attorne 's Office has reviewed the chan es, if a licable. KD Yes (Initial) KD N/A (Not A licable) 2. N/A 3. 4. 5. 6. I: Fonusl County Fonns/ Bec Fanusl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 D ~~, 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 PUD TO MPUD FOR THE GREY OAKS MPUD FOR PROPERTY LOCATED AT THE NORTHEAST, NORTHWEST AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT ROAD (STATE ROAD 31) AND GOLDEN GATE PARKWAY (COUNTY ROAD 886), IN SECTIONS 24, 25, AND 26 TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,601x ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00-46, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Tyson, AICP, RLA, of WilsonMiller, Inc., representing Naples Grande Holdings 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 real property described in the MPUD Document located in Sections, 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) in accordance with the MPUD 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. Grey Oaks, PUDA-2006-AR-10157 Page 1 of2 17D SECTION TWO: Ordinance Number 00-46, known as the Grey Oaks PUD, adopted on June 27, 2000, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this ~ day of J1 Dr; I ,2007. , ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~: '~'.' ~ '" ;.(' . :F',~; ~~~~fd{l KD e c ,~iDllputy Clerk - \ .,'" ',: ~~te$t as to'Ch<111'tlllln , s I (jn:a.tl'u'f . 'N' , '. Approved as to form and legal sufficiency:' - BY JA4i~~/ti '" ~ ifh.f)+n,J,,,.t-~o Marjor' M. Student-Stirling Assistant County Attorney PUDA-2006.AR,IOI57/KD/sp Grey Oaks, PUDA-2006-AR-10157 Page 2 of2 (Revised 4/11/07) 17D I ~ PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 .. Exhibit A" 1 DATE FILED DATE APPROVED BY BCC 4-L4-2007 ORDINANCE NUMBER 90-48 AMENDED BY ORDINANCE 97-45 AMENDED BY ORDINANCE 98-94 AMENDED BY ORDINANCE AMENDED BY ORDINANCE INDEX PAGE List of Maps, Exhibits, and Tables iii Statement of Compliance and Short Title iv SECTION I Property Ownership and Legal Description 6 SECTION II Project Developrnent 8 SECTION III Residential 18 SECTION IV Golf Course/Recreation/Park/Right-of-Way 23 SECTION V Conservation/Open Space 26 SECTION VI Cornmercial 28 SECTION VII General Development Commitments 33 (Revised 4/11/07) 2 17D 1 17D ! LIST OF MAPS AND TABLES MAPS H - 1 PUD Master Plan E - 1 Native Vegetation within Grey Oaks E - 2 Native Vegetation - North Area of Northeast Quadrant E - 3 Native Vegetation - Northwest Quadrant E - 4 Native Vegetation - Southeast Quadrant and Southern Area of Northeast Quadrant TABLES TABLE I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE III Developrnent Standards (Revised 4/11/07) 3 17 D STATEMENT OF COMPLIANCE It is the intent of the Haistatt Partnership, A Florida General Partnership to create a Mixed Use Planned Unit Development (MPUD) to be known as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE GREY OAKS DRIIPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: 1) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and comrnercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that part of Grey Oaks within the County: a) The project development is cornpatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H and 3.1.J. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. This project (Revised 4/11/07) 4 17D consists of 1,601.39 acres of land, with 1,775 dwelling units, which equals a density of 1.11 dwelling units per acre. f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Mixed Use Planned Unit Development Ordinance". (Revised 4/11/07) 5 17D SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The Northeast quadrant is currently owned by: a) Grey Oaks Country Club, Inc. 2600 Golden Gate Parkway, Naples, FL , 34105. b) LDG South LLC, 5692 Strand Court, Naples, FL, 34110. c) Individual Landowners. The Southeast quadrant is currently owned by: a) Panthers Grey Oaks, Inc., c/o Naples Grande Golf Club, 475 Seagate Drive, Naples, FL, 34103. b) Naples Grande Holdings LLC, 404 Citation Pt., Naples, FL, 34104. c) Sea Investments LLC, 10350 Bren Road W., Minnetonka, MN, 55343. The Northwest quadrant is currently owned by: a) HalstaU Partnership, 2600 Golden Gate Parkway, Naples, FL, 34105. b) Estuary at Grey Oaks L TO, 4200 Gulf Shore Blvd. N., Naples, FL, 34103. c) Grey Oaks County Club, Inc., 2600 Golden Gate Parkway, Naples, FL, 34105. d) Individual Landowners. 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in OR. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O. R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, (Revised 4/11/07) 6 17 Df ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C- 886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. (Revised 4/11/07) 7 17D SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre rnixed use residential development and golf course community with a "town center", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast, and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the west by the Gordon River Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601.39 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Developrnent Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibiiity for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (MPUD Ordinance) for the entire project, including that portion that lies with the City of Naples. I n furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (MPUD) and Development Order for the project, the developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City and provides that the City agrees to accept and adopt (if appropriate) any Developrnent Order and MPUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. (Revised 4/11/07) 8 17D The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601.39 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this MPUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Grey Oaks DRI Cornmunity and it is therefore, essential to the viability of the planned community that the MPUD and DRI plan approved by Collier County be in effect and rernain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H-1, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maxirnurn allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of site development plan approval. For each succeeding subdivision and/or site development plan, a table shall be included which surnmarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. (Revised 4/11/07) 9 17 D.I/ 2.04 PROJECT DENSITY The total acreage of Grey Oaks Mixed Use Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,775. The number of dwelling units per gross acre is approximately 1.11. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maxirnum number of dwelling units allocated, provided that the total number of dweliing units shall not exceed 1,775. Table I identifies the maximurn units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The developer will comrnence the project within the northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and comrnercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by rnarket demand. 2.07 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instrurnents shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the tirne of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local governrnent to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan Approval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. (Revised 4/11/07) 10 17D 2.09 LAKE SITING As depicted on the MPUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in applicable County ordinances, may be reduced subject to the approval of the County Engineer at the time of Subdivision and/or excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maxirnum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards shall meet the requirements of a commercial excavation per applicable County ordinances. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and applicable County ordinances. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The developer shall create appropriate homeowner and/or condorninium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County ordinances regulating subdivisions, unless otherwise approved as an exception during subdivision approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of the LDC shall apply to the development of platted tracts or parcels of land as provided in the LDC prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a) Models may be constructed prior to approval of a plat. b) Models may be permitted as "dry rnodels" and shall obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. (Revised 4/11/07) 11 17D c) Models may not be utilized as "sales offices" without approval by and through the site development plan process. The site development plan process shall not be required for dry models pursuant to this Section. d) Prior to recording of any plat, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions shall meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable rninimum square footages, setbacks, and the like as set forth herein. e) Temporary access and utility easements may be provided in lieu of dedicated rights- of-way for ternporary service to model hornes or units. f) Sales, marketing, and administrative functions shall be permitted to occur in designated model hornes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatrnent, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvernents, except for habitable buildings and structures, shall rneet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a) "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tankJdrainfield) prior to availability of central utility systems at which time connection to the central systern will be made. Interim fire protection facilities, in accordance with NFPA requirernents or as approved by the appropriate fire district shall be required unless a permanent water system is available to serve the Center. (Revised 4/11/07) 12 17D b) Review and approval of "Sales Centers" shall follow the requirements of the site development plan process of the LDC or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water rnanagernent plan shall be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the rnaster water management system for the entire development. c) At the tirne of building perrnit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" rnay not be occupied until a certificate of occupancy is issued. Models shall obtain a conditional certificate of occupancy for rnodel purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the tirne of development. 2.16 DEVIATIONS' A. Deviation from LDC Section 4.02.24 A.2. and 3. - Corridor Management Overlay District which requires a front yard setback of 100 feet for the first floor of residential dwelling units and a 25-foot setback for each additional floor. Deviation: Residential structures within the Grey Oaks MPUD shall comply with Section 4.02.24, Corridor Managernent Overlay District unless an enhanced Type D Buffer, 20 feet in width, containing a wall and landscaping is placed along Golden Gate Parkway between residential development and the Parkway. Residential structures shall be set back a minirnum of 2 feet horizontally for every 1-foot of building height measured from the property line to any point on the building, but in no case shall any residential structure be closer than 100 feet to Golden Gate Parkway. Sections, drawn to scale, shall demonstrate that sight lines from passing passenger cars (4 feet in height) in the center lane of the eastbound lanes of Golden Gate Parkway will break the views to the top of residential buildings within the southeast quadrant of the Grey Oaks MPUD. These tree heights shall be shown on the perimeter buffer landscape site developrnent plan drawings. Trees and shrubs may be planted and maintained by the developer within the Golden Gate Parkway right-of- way provided that a landscape maintenance agreement is executed between the County and developer. B. Deviation to 5.03.02.C.1 of the LDC, Wall Height, which states that fences or walls in residential districts shall be maximum of six (6) feet tall. (Revised 4/11/07) 13 17D Within the Grey Oaks MPUD, walls, not to exceed ten feet (10') in height, shall be perrnitted along both sides of Golden Gate Parkway and along Livingston Road in the northeast and southeast quadrants. The walls shall be located to allow a minim urn of five feet (5') of landscaping between the property/right-of-way iine and the walls. The intent is to provide consistency within the Grey Oaks project so that existing and proposed walls are of similar height. C. Deviation from Section 6.06.01 J. of the LDC, Dead-end Streets, which states that dead-end streets shall be prohibited except when designed as a cul-de-sac. Culs-de- sac in excess of 1,000 feet shall not be permitted unless topographical conditions or other natural features preclude a street layout to avoid longer culs-de-sac. Within the southeast quadrant, a deviation is requested to allow for cul-de-sac streets to be 2,300 feet in length providing that roadway and cul-de-sac lengths do not conflict with the County Fire Protection Ordinance. D. Deviation from Section 6.06.02 A.3 of the LDC, Sidewalks and Bike Lane Requirements, which states that sidewalks five (5) feet in width must be provided on both sides of local streets. In the Grey Oaks MPUD, local streets that only provide access to residential units placed on one side of a cul-de-sac street shall be required to be served by a 6-foot sidewalk on the side of the street serving the residential units. No sidewalk shall be required on the side of the street without residential units. . Deviations apply to Southeast Quadrant only. 2.17 GENERAL Developrnent of Grey Oaks shall proceed in accordance with the contents of this Document, MPUD-Mixed Use Planned Unit Developrnent District, applicable sections of the Growth Management Plan and the regulations in the Collier County Land Development Code in effect at the time of issuance of any development orders to which said regulations relate governing the permitting and construction of improvernents, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards then the provisions of the most sirnilar district in the County Land Development Code shall apply. (Revised 4/11/07) 14 17D THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) AMOUNT ACREAGE Residential units 1,311 D.U. 332.06 Ac. Commercial (Total) 1,203,091 S.F. 70.4 +/- Ac. Office (gross floor area) 593,453 S.F. Retail (gross leasable area) 609,638 SF Hotel o Roorns OAc. Golf Course/Recreation/ 54 Holes 614.31 Ac. Park/Riaht of Wav Lake/ 225.41 Ac. Water Manaaement Conservation 5.32 Ac. Sub-Total 1,247.45 Ac. Note: Nalive Vegetation Preserve in Northeast and Southeast Quadrants totals 79.36 acres. (See allached Drawings E-1 through E-4 for locations). Northwest Quadrant (Citv of Naples) AMOUNT ACREAGE Residential units 464 d.u. 100.71 +/- Ac. Cornmercial (Total) 100,000 S.F. 14.4 +/- Ac. Office (gross floor area) 60,000 S.F. Retail (gross leasabie area) 40,000 SF Golf Course/Recreation/ 18 Holes 107.4 +/- Ac. Park/Rioht-of- Wav Lake/ 76.04 +/- Ac. Water Manaoement Conservation 55.34 +/- Ac. Sub-Total 353.89 Ac. Note: Native Vegetation Preserve in Northwest Quadrant totals 58.63 acres. (See allached Drawings E- 1 through E-4 for locations). Note: Ail acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial/office square footage of 1,203.091 S.F. (Revised 4/11/07) 15 17D THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989-1995) Land Use No. Hotel Square Designation Units Rooms Feet Residential 94 Comrnercial (GLA) and Office (GFA) 0 Hotel 0 Golf Course' 1 , Golf Course = 18 holes with phased club facilities PROJECT YEAR 7-13 (1996-2001) CUMULATIVE Land Use Designation No. Units Hotel Rooms Square Feet Residential 963 Commercial (GLA) and Office (GFA) 500,000 Golf Course' 3 , Gold Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction). (Revised 4/11/07) 16 17D TABLE II (Continued) PROJECT ABSORPTION SCHEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land Use Designation No. Units Hotel Rooms Square Feet (GLA) Residential 1775 Cornrnercial (GLA) and Office (GFA) 1,303,091 Golf Course' 4 , Golf Course = 72 holes with full club facilities (3m golf course rnay be constructed after year 14, and may be built in 9-hole increments, club facilities rnay be built in phases to coincide with the golf course construction). Project years shall be adjusted to correspond with the commencement of development. The above development program outlines rnulti-use categories which will be assigned to the various development pods shown on Map H-1. These land use categories will allow for a true mixed use development to occur and allow the "developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that build-out of the residential, town center and majority of the office and commercial uses may occur in the first 12 years. (Revised 4/11/07) 17 17D SECTION III RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1, Planned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maxirnurn number of 1,775 dwelling units may be constructed on lands designated as "R" or Residential. The 25 +/- acre parcel designated "R" on the MPUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a f1oor-to-area ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to accommodate a full range of residential dwelling unit types. Approximate configurations of land use tracts have been indicated on the MPUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accornmodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, town homes, multi-family dwellings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, comrnunity parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and rarnp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 4) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4/11/07) 18 17D , ,j . 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customariiy associated with uses permitted in this District. 2) Essential services and facilities, as defined in the LDC. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or County dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is rneasured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein shall be in accordance with the LDC Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. Development standards for residential uses not specifically set forth in Table III shall be established during subdivision master plan or site developrnent plan approval as set forth under Sections 2.03 and 2.11 of this Document. Setbacks and other buffer requirements frorn and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: a) One story single family structure: (Revised 4/11/07) 19 17D1 Principal - 25' Accessory - 15' b) One story multi-family or two story structure: Principal - 50' Accessory - 50' c) Two story structure greater than 30' in height: Principal - 75' Accessory - 75' d) Three story structure: Principal - 175' Accessory - 175' e) Four story structure: Principal - 400' Accessory - 400' f) Vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). g) A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 by 25 foot section. The buffer shall be installed prior to construction of homes. h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. 'Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. (Revised 4/11/07) 20 170 ~~" DEVELOPMENT STANDARDS "R" Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CLUSTER FAMILY FAMILY ATTACHED/ MUL TI-FAMIL Y DETACHED DETACHED OR DUPLEX TOWN HOUSE VILLAS CATEGORY 1 *4 2 *4 3 *4 4 *4 5 *4 *5 MINIMUM SITE 9000 5000 35000 1 AC 2500 AREA SF/Lot SF/Lot SF/Lot SF/Lot SITE WIDTH 75' 50' 35' 150' 16' MIN.AVG. SITE DEPTH 120' 100' 100' 150' N/A MIN. AVG. FRONT YARD 25' 20' 20'*1 20'P 0' SETBACK SIDE YARD 7.5' 5' o or a *6 20' P SETBACK rninimum O'GC 0' of 5' REAR YARD 20'P 15' P 15' P 20' P 10'P SETBK PRINCIPAL 10'GC 10'GC 10' GC O'GC O'GC REAR YARD 10'P 10' P 10' P 10' P 10' P SETBACK ACSRY. O'GC O'GC 0' GC 0' GC O'GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 *2 2 DIST.BElWEEN PRINCIPAL STR. 15' 10' 0' or 5' *6 15' *3 -1 story 7' 25' *3- 2-3 story 30' *3- 4 stories & higher FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots. (Revised 4/11/07) 21 17D 'I P. Perimeter of Internal Sites GC = Golf Course, or Lake Front Sites *1 This setback may be reduced to 10' for side entry garage *2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Napies for 8 units per acre or greater. *3 or Y, the sum of the adjacent buildings, whichever is greater. The following sentence applies to the Southeast Quadrant only. Where adjacent multi-farnily buildings are clustered about a common access to garage parking or courtyards, and share a common architectural theme and are a minimum of 2 stories in height, the minimum distance between the buildings shall be 40% of the sum to the heights of the two multi-family buildings. *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished per the LDC. *5 In the context here used, the term "villas" means developrnent that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. *6 For patio homes with iess than a 5 foot side yard setback, the opposite side setback shall be sufficient so that the cornbined setbacks equal 1 0 feet. Once the first building, on the side of a street utilizing this product type is permitted, all subsequent buildings shall follow the pattern established by the first unit. For example, a 3 foot setback on one lot must be followed by a 7 foot setback on the next lot or vice versa. (Revised 4/11/07) 22 17D SECTION IV GOLF COURSE/RECREA TION/PARK/RIGHT-OF-W A Y 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Perrnitled Principal Uses and Structures 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimrning pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, rights-of-way, and open space. SUbject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7) Project Information and Sales Center. 8) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4/11/07) 23 17D B. Permitted Accessory Uses and Standards Accessory uses custornarily associated with the principal uses perrnitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area, and pump houses, golf courses rain shelters, restrooms, and snack bars. 2) Small cornmercial establishments, including gift shops, golf and tennis equiprnent sales, restaurants, cocktail lounges, and sirnilar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Land Development Code of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for cornmon boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - 1 and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10') feet -1 story. Twenty (20') feet - 2 story. 5) Setback for structures frorn parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. (Revised 4/11/07) 24 17D Ten (10') feet - accessory structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time perrnits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 10-foot wide combination berm, landscaping, and wall buffer shall be provided along the south side of the FPL easement paralleling Golden Gate Parkway within the northwest quadrant adjacent to golf course and residential uses. The berm shall be no higher than 2 feet and the wall no higher than 8 feet. Landscaping shall be placed in front of the wall screening a minimum of 50% of the wall. An additional 10- foot landscape buffer shall be placed along the north edge of the FPL easement where said easement abuts golf course or residential uses. Golf course is allowed within the 10-foot wide buffer. (Revised 4/11/07) 25 17D SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Map H-1 as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water managernent facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Comrnunity Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. (Revised 4/11/07) 26 17D 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County Environrnental Staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas shall be subject to jurisdictional agencies review and listed uses do not guarantee that those uses will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. (Revised 4/11/07) 27 17 D SECTION VI COMMERCIAL 6.01 PURPOSE The purpose of this section is to set forth the regulation for the area designated on Map H-1 MPUD Master Plan, as "C" Commercial "O/C" Office Commercial, "0" Office, and "Town Center". These are areas iocated within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County LDC. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O/C, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs*1; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. (c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and installation; car wash; child care centers; churches and other places of worship *1; clothing stores; cocktail lounges*1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schoois; convalescent centers and nursing homes; cornputer sales and services*2. (d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. (e) Electrical supply stores; express office; ernployment agencies; equipment rentals repair and sales including lawn mowers and power saws. (f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social c1ubs*1; food markets; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. (Revised 4/11/07) 28 170 (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. U) Jewelry stores. (k) Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (I) Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; rnuseums; music stores; mortgage brokers. (rn) New car dealerships - outside display permitted; news stores; night c1ubs*2*1. (n) Office - general - business, and professional; office supply stores. (0) Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2; private c1ubs*2*1; plumbing shops and supplies. (p) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transrnitters and receiving equipments, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants - including drive-in or fast food restaurants and full service *1; retail sales of used goods; all uses permitted in Section III and IV of this Document - subject to development standards identified in those Sections. (q) Small scale retail saies other than shopping centers; shopping centers*1; souvenir stores; stationery sanatoriums. shoe sales and repair; stores; supermarkets; (1') Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. (s) Variety stores; vehicie rentals, veterinarian offices and clinics - no outside kennels. (t) Watch and precision instrument sales and repair shops. (Revised 4/11/07) 29 17D (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Cornrnunity Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. 2) Permitted Uses and Structures for "0" (Office) Tracts: (a) Art studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. (c) Child care centers; churches and other places of worship; commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social c1ubs*1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. (i) Office - general - business, and professional; office supply stores. U) Private c1ubs*2. (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equiprnent, but not principal transmission tower); research design and development; real estate offices; all uses perrnitted in Section III and IV of this document - subject to development standards identified in those Sections. (I) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (Revised 4/11/07) 30 17D 3) Permitted Accessory Uses and Structures; Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence*1. 6.03 Development Standards 1) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (100') 3) Minimum Setback Requirements (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback - Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (10'). 4) Minimum setbacks and buffer from external rights-of-way: (a) Golden Gate Parkway - Fifty foot (50') setback, Twenty foot (20') landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every one foot (1 ') of building height; twenty foot (20') landscape buffer. 5) Maximum Height: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,000 square feet per building) on the ground floor. Kiosk vendors, concessions, and temporary or rnobile sales structures are permitted to have a minirnum structure of twenty-five (25) square feet, and are not bound by setback requirements. 7) Maximum Floor Area Ratios (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: Office: .30 .35 Project total 649,638 GLFA Project total 653,453 Gross Floor Area (Revised 4/11/07) 31 17D 8) Distance Between Structures: Same as for side yard setback. 9) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 10) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road comrnercial frontages. 11) The public internal loop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. 12) An 8-foot high wall may be installed on grade, on a landscape berm, on golf course mounding, or on driving range mounding, within a residential, golf course, club, golf facility or commercial parcel to buffer the commercial uses from the residential and other uses. *1 In accordance with LDC requirements for this type of use. *2 Northeast and Southeast quadrants only. (Revised 4/11/07) 32 17D SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 MPUD MASTER PLAN 1) The P.U.D. Master Plan - Map H-1 is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this Ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this MPUD and do not cause significant impact to surrounding properties abutting the Grey Oaks MPUD. 7.03 ENVIRONMENTAL 1) The developer shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element and applicable County ordinances. The 25% shall be monitored at each site clearing plan submittal. The developer shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the developer shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The developer shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. The entire MPUD has been evaluated for native/viable vegetation at the tirne of platting or site development plan approval and such vegetated area has been determined to be 551.94 acres. This includes 13.31 acres of native vegetation within the Golden Gate Parkway right-of-way. The total assumes that the eastern-most parcel in the southeast quadrant contains 15.03 acres of native vegetation. [Preserving 25% requires 137.99 acres while 137.10 acres of native vegetation has been preserved.] The eastern-most parcel in the southeast quadrant shall provide .89 acres of native vegetation preserve to satisfy the 25% preservation requirement stipulated in Paragraph 7.03.1 above. See Drawings (Revised 4/11/07) 33 17D E-1 through E-4 locations of native vegetation. The required retained native vegetation shown on the preserve drawings, Exhibits E-1 through E-4 may be modified administratively by the Environmental Review Staff, providing that an equal area of existing native vegetation of equal or greater habitat value is provided in a preserve area that meets the requirements of the LDC in effect at the time of any such modification. To accomplish this, the property owner shall apply to the County and obtain approval for an amendment to the underlying SDP or plat and construction plans. 2) The developer shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 4) The developer must receive all appropriate state approvals for storing and handling hazardous rnaterials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The developer shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materia is. 5) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) Rules and Regulations, as well as the U.S. Arrny Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. 7) All conservation areas shall be recorded on the plat with protective covenants per or similar to 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 responsibilities, and to Collier County with no responsibility for maintenance. (Revised 4/11/07) 34 17D 8) An exotic vegetation eradication, monitoring, and rnaintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to the Environmental Staff for review and approval prior to final site plan/construction plan approval. 9) The developer shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recomrnendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site pian/construction plan approval. 7.04 WATER MANAGEMENT 1) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3) An excavation permit shall be required for the proposed lake(s) in accordance with applicable County ordinances and SFWMD Rules. Several of the lakes proposed do not rneet the rninimum setback requirements of County ordinances. The Master Plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the subdivision master plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County ordinances. 5) Detailed site drainage plans of each drainage sub-basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub- basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump faciiities shall be submitted to Engineering Review Services for review prior to construction plan approval. (Revised 4/11/07) 35 17JJ 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to subdivision master plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Docurnentation frorn Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to subdivision master plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. This provision shall be permitted and implemented along with a corresponding site development plan or plat. 2) The developer shall provide arterial level street lighting at all project accesses. This provision shall be permitted and implemented a long with a corresponding site developrnent plan or plat. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right of Way Dedication: a) The developer shall dedicate sufficient right of way north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or rnay utilize reduction of existing impact fee credits in the amount of $30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right-of-way width requirements. b) The developer shall dedicate 50' feet or road right of way south of Golden Gate Parkway along the length of the developer's property. In addition, for a (Revised 4/11/07) 36 17 D distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width imrnediately west of the aforernentioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and 25 foot wide easement for drainage, water rnanagement, landscaping, and bike path use. For the next 800 feet south of Golden Gate Parkway, the deveioper shall dedicate a strip of land tapering frorn 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback, and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier County Circuit Court Case No. 98-1635 CA. The developer and County agree that the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a total credit of $330,735 for this additional land dedication. c) The requirement in Grey Oaks DRI Development Order 90-3 at paragraph 5.c. (iv) that the applicant build Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge over the Golden Gate Canal (based upon the cost of a two lane rural roadway) shall be fully satisfied by the reduction of existing or future impact fee credits, in the arnount of One Hundred Eighty-Five Thousand Dollars ($185,000). 5) The developer shall dedicate 40 feet of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gateway Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quaiity and quantity standpoint. 6) The developer shall dedicate 40 feet for right of way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a written request frorn the County. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run off in the lake system. 8) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gateway Parkway being the grade separated roadway. (Revised 4/11/07) 37 17D 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statues. 10) If Collier County adopts a proportionate share or area-wide transportation assessment program, or rnodifies its Impact Fee Ordinance, to provide additional credit for right-of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres rnore or less. 11) The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit 0-1 to the Grey Oaks DRI/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application. 13) The County and the developer shall explore whether it would be in their individual best interests and mutual advantage for the developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interest, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. 7.06 UTILITIES 1) The water distribution system and appurtenant facilities to serve the project shall be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road shall be designed, construction, conveyed, owned, and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water-Sewer District prior to the submissions of subdivision master plan applications to Collier County for the project. a) The sewage collection and transrnission and interim sewage treatment facilities to serve the portions of the project on the east side of Airport (Revised 4/11/07) 38 e) f) (Revised 4/11/07) 17D Road are to be designed, constructed, conveyed, owned and maintained in accordance with applicable county ordinances and regulations. b) All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. c) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the developer, at its expense will install and operate interirn on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate reguiatory agencies. An agreement shall be entered into between the County and the developer, its assigns or successors, regarding any interim treatrnent facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conforrnance with applicable County ordinances. d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main, which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights-of-way. The force main must be extended frorn the main on-site pump station site to the east right-of-way line of Airport Road and capped. It shall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. Prior to the approval of construction documents that provide for development that generates wastewater by the County, the developer shall present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide the service through its sewer facilities. The project's developer(s), their assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits for irrigation purposes. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, 39 17D as required by the DEP, consistent with the volume of treated wastewater to be utilized. g) All subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation shall be provided to verify that the site is of adequate size for the facility intended. 7.07 SIGNAGE 1) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this MPUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should any of the signs be requested be placed within the public right-of- way, a right-of-way permit shall be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. 2) Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign with a rnaximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the project, or any rnajor use within the project shall be permitted along the east and west sides of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all tracts within the Grey Oaks MPUD limits subject to the following conditions: (Revised 4/11/07) 40 17D i. Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor shall the overall area of the sign face exceed one hundred (100) square feet. ii. A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter rnile spacing requirement unless existing vegetation requires a closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. iii. Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during subdivision approval. 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County right-of-way shall meet the requirements of the applicable County ordinance. 5) Internal access into tracts as shown on the MPUD Master Plan is inforrnational only. Exact locations shall be determined during subdivision or site development plan approval. 7.09 EXCEPTIONS TO SUBDIVSION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT (Revised 4/11/07) 41 170 The applicant shail dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the developer and the School District. 7.11 FIRE STATION/EMS SITE The developer has conveyed a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services Departrnent. The site was conveyed in fee simple, subject to the following conditions: 1) The site shall revert to the owner, or subsequent owner, if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district or the Emergency Medical Services Departrnent adopts impact fees the developer shall be entitled to impact fee credit for the dedicated site based on the fair rnarket value on the date of dedication. 7.12 AFFORDABLE HOUSING Naples Grande Holdings, LLC shall commit to providing $1,000 per approved residential dwelling unit located within property controlled by Naples Grande Holdings, LLC. Payment shall be made to the Collier County Affordable Housing Trust Fund at the time issuance of the certificate of occupancy. This $1,000 shall be credited toward any additional affordable housing linkage fees that may be in effect at the time of site development plan approval. 7.13 DEVELOPMENT OF REGIONAL IMPACT The developer, its successors in interest, and all future assigns or designees, shall adhere to all commitrnents made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project. (Revised 4/11/07) 42 ;;: ~ ..... or. , ... ~~\O -c~8 i2 ~ f.:! N'-~ ~ ti r::.. Q ~ .. ;;.;J .;::;.::.) Q., i::::; 0..0 nlZ-D d ." , ' ~ 6 !: :' ~ "t ~ ~ p~ ~ ~ ~ ~ \ ~ ~ ~ ~ il: "" ;.,; ~ fl ~ ',,} ': '; ";" ;~ i~ ;19 ~ ;; 1 ,.: .;.' ~ ,..; 'i-.' ~ ~ ~ -:. ~.. ~; -..-."- ,; <. ~ I' : ;~ ;: ~ it ~; ; ....0; " ~7 ~ ,.: q~ K r: ~ " ~ [ , " ~ :t :Q "" ..,. <::' '" tij ~ Cl m- Oo Z ~ t'l "S \t\ m- ~~ ~ ~ Z z -< -, "- Do Z -< -, ... -< =s ... "- '" " Z "- .~ ~ . ~ :? ts '" ~ ~ ~ ~ ,,- ~ ~ II ~ ~ ~ 17D j I . ! ! qr, il!!III.~ t~ i!~~mm~~.! I i i n- %1 ~i ~I 11~!'li!'"III"'1 ~ ~ i~ . II ~I j I IIi! II I '111I I n~1 !II I ! III i i III I ~ i I i I i ~ j : il~ ll!i~ii !~ !Ii I ~ i ~. ita ~!;III! II 1:1 lirnll n Iii h!!;1 g · 15 I 'II ! IIJ ~fj:!lUH! JIHII~I : 1!l1lJ~1'l 1!I!i\i:(1!l PUD MASlER PLAN - MAP H-l WI,.,.'" I -.,,,,,,,...-.-- ' ,__.r_",,_ W_,"" -,.",,_._._..-- ""'''::..''"':.f:t''::';."f:...=::::- ,--.-.--..........- PREPAIED FOO NAPLES ORANDE HOI..llINClIl. LLC 17D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-40 Which was adopted by the Board of County Commissioners on the 24th 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 30th day of April, 2007. DWIGHT E. BROCK Clerk of Courts an~'cIJrk/ Ex-officio to Board 9f County Commissiohe~~ . -' I"' ~ . ,>> , . fuw. M~D:~'~ jf-' By: Ann Jennejohn, Deputy Clerk 17D , ,\ MEMORANDUM (VIA E-MAIL) DATE: May 24, 2007 FROM: Trish MOrg~Oard Minutes and Records Manger Kay Desele , rincipal Planner TO: SUBJECT: Grey Oaks MPUD Ordinance No. 07-40 On April 24, 2007, the Board approved Grey Oaks MPUD (Ordinance No. 07-40) and the ordinance was filed with the Secretary of State on May 7, 2007. It has come to my attention that Exhibits E-l through E-4, which were presented and approved by the Board, were inadvertently left out of the package that was mailed to the Secretary of State. Therefore, I am requesting that the attached Exhibits E-l through E-4 be filed with the Secretary of State. Should you require any additional information, please do no hesitate to call. Thank you. c: MaIjorie M. Student-Stirling, Assistant County Attorney 07-CPS-00574121 ,- ! . " " ~ ~ ~ ~ z ~ :;: " z ~ " (:i ~ S \II ~ \ol l" ,.. ~ ~ ~!~~ ~~Si~~~~~~ ~~ ~i~~ ~1~ M ~ B~~a :.~ig.!~~~ ~~ ~~i! ;~~ ~ ~ .~~i ~~~II~~~~~ ~~ ~~~~ ~~ , .,' ._. ,"_.~.<F"~ ,M.i .~~ ij ."~ 1'lJ>!iili!i flI"~~,r;:~~..J> 1:'" 1Il""'s~ ~ ,~i~ zi~!:1 ~; ~~~i~~ ~~ t:lail ~~ . '.' <"~"i-~!l" ". I' -" ~ ~~~~ ~Q~~~i~ I ~~ ~~~~ ~p M~SP il.~ <"~= z_ ~]S. ;i" ~~" ~~~~~-~ij ~~ ."oa ~~~M ~o ~~.i.~ -~ ~~~~ ~ <I ~~i~ ~~iio~~~i i~ ~.8r ~~ ;; ~ ~~E~ ~!~~~~,~- ~~ I~~~ ~" ; ~ ~.;~ ~Q~!:!~~: ~~ ~~~i ~m i. ~".~ o~~!i~~!iI~~ ~~ ~~!~ ~~ · "i ~~~I ~~""W - ~~ .!~~ ~~ ~ ~3~6 .~~;-~~~~ i~ ~~~~ ~o ~ ~"~ "!!~=~~ ~"i K~~ ~S ~~ ~~~~~~a i ~~ ~~ ! 11m , - ii- _. <" ~ ~ ~ :~~ ~ I S ~~i , ,~ ~~M i~ ~~~~~~ ~~~~~~~~ i~~~~ ~;i ~~ d"~~ ~"~.~"~i '~~~! -~ ia Egia~ ~~.~~~~~ ~E~"! ~~ i .~~i~ "ii~~~~i ~!l!~~ ~; ~~ Si~:~ ~~;~~~~~ !~~~~ "3 -~ ~~~~ ~~ :"e~~ ~.8~ ~ ~; ~~~~~ ~~g~~~~ ~~'E ;1 b!M~~ ~ij~~~~~ ~!~: "~ ~I~~ I_J~ g~ '. ~ ~ ~g ~o "~"gi~. ~~~~ ~ ~~ ~M ~~ ~~ ~ ~~,~ ~ ....1iI" ili!:! A~N'ii ~ r" .... ~. s 17 '4. . > " ~, ~ ~ " 9 r , > 'I , ~, , ~ " ~ ~ , I : I . I! I I I, III , I Ii I I I I " ~ ~ ~ " ~ '" ~ , j " ! .Ii . I , ~ ,. nl ''i; " , , ~ :;:,;, '" ~ '":!'~ ~ :;; 0 ~;:. (;; 3";' ... 6b5? tT1_j ~ ...~<:ri p~ '" ~:1 gJri ~ 80; ~ ~~I!~ "_I ~ ~ 9 f. ~ :j ~ ~ il ~ ~ " 5' :~ f ~ " ~ ~ ~ o ~ ~ ~ :::. ~ ' ! ~ ~ ~ . "j ~ , ~ " ~ ~ ~ " ~ ~ ~ Clear Day Page I of I 17D f~ , Patricia L. Morgan ----~----~~--~- From: AlthouseTammy [TammyAlthouse@colliergov.net] Sent: Friday, May 25, 200710:27 AM To: Patricia L. Morgan Cc: Student, Marjorie; Deselem, Kay: HerreraSandra Subject: Grey Oaks MPUD Memo and Exhibits Attachments: Memo Grey Oaks MPUD.pdf; N0120-194-E1-11X17.pdf; N0120-194-E2-11x17.pdf; N0120- 194-E3-11x17.pdf; N0120-194-E4-11x17.pdf Trish, Please find the attached memo and exhibits. I am forwarding originals via interoffice mail. If you have any further questions please feel free to contact our office. Thank you. Tammy Tamara L. Althouse, formerly Klein Legal Secretary to MaIjorie M. Student-Stirling Jeffrey A. Klatzkow 2800 North Horseshoe Drive, Ste.300 Naples, Florida 34104 239-659-5707 Phone 239-530-6600 Fax 5/30/2007 Clear Day Page I of1 170 Patricia L. Morgan From: Patricia L. Morgan on behalf of Minutes and Records Sent: Wednesday, May 30, 2007 10: 11 AM To: 'AlthouseTammy' Cc: Student, Marjorie; Deselem, Kay; HerreraSandra Subject: RE: Grey Oaks MPUD Memo and Exhibits Hi Tammy, I Just arrived back from being out a couple of days and I was checking over what was sent to us to forward to the Secretary of State's office regarding Ordinance 2007-40, Kay's letter needs to be revised to show that the ordinance was filed on May 1, 2007, not May 7th as stated. Also, our office did not have the exhibits submitted to us from the Planner for processing, so we were not in error in sending the package to the Secretary of State, We sent to them what was submitted to our office to be filed, The planners need to double-check their work and submit what was adopted by the BCC, It is not our place to change or alter what is being submitted to our office for filing. Please have the letter revised to simply state that it was inadvertently omitted from the package that was delivered to the Clerk's Office for filing with the Secretary of State's office. As soon as the revisions are received, we will send them on to the State for filing with the ordinance. Thank you, Trish Morgan BMR Manager From: AlthouseTammy [mailto:TammyAlthouse@colliergov.netj Sent: Friday, May 25, 2007 10:27 AM To: Patricia L. Morgan Cc: Student, Marjorie; Deselem, Kay; HerreraSandra Subject: Grey Oaks MPUD Memo and Exhibits Trish, Please find the attached memo and exhibits, I am forwarding originals via interoffice mail. If you have any further questions please feel free to contact our office, Thank you, Tammy Tamara L. Althouse, formerly Klein Legal Secretary to Marjorie M, Student-Stirling .Jeffrey A. Klatzkow 2800 North Horseshoe Drive, Ste.300 Naples, Florida 34104 239-659-5707 Phone 239-530-6600 Fax 5/30/2007 17D Patricia L. Morgan From: To: Sent: Subject: System Administrator Student. Marjorie; Deselem, Kay: AlthouseTammy; HerreraSandra Wednesday, May 30,200710:11 AM Delivered:RE: Grey Oaks MPUD Memo and Exhibits Your message To: Cc: Subject: Sent: AlthouseTammy Student, Marjorie; Deselem, Kay; HerreraSandra RE: Grey Oaks MPUD Memo and Exhibits 5/30/200710:11 AM was delivered to the following recipient(s): Student, Ma~orie on 5/30/2007 10:11 AM Deselem, Kay on 5/30/200710:11 AM AlthouseTammy on 5/30/2007 10:11 AM HerreraSandra on 5/30/200710:11 AM Martha S. Vergara From: Sent: Subject: Your message 170 .~ II student_m [MarjorieStudent@colliergov.net] Wednesday. May 30, 200710:12 AM Read: Grey Oaks MPUD Memo and Exhibits To: Subject: MarjorieStudent@colliergov.net was read on 5/30/200710:12 AM. 1 17D Martha S. Vergara From: Sent: Subject: HerreraSand ra [sandraherrera@coll iergov .net] Wednesday, May 30,200710:12 AM Read: Grey Oaks MPUD Memo and Exhibits Your message To: Subject: sandraherrera@colliergov.net was read on 5/30/2007 10:12 AM. 1 CHARLIE CRIST Governor ,I\J!!ij...~ ~LOR1DA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA 1,1; ., ~ ~ \ '''#'''', hA _if,~_' "'Ili-,~"",,, < --"~~.""'_'f- '\~'-'~-~~~> :'"...~:;-;- -r~~ ,,t~ KURT S. BROWNING Secretary of State June 15, 2007 Honorable Dwight E. Brock Clerk ofthe Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated June 13, 2007, and copies of Exhibits E-I through E-4 of Collier County Ordinance No. 2007-40 which was filed in this office on May 1,2007 and Exhibit "A" of Collier County Ordinance No. 2007-41, which was filed in this office on April 27, 2007. As requested, one date stamped copy of each is being returned for your records. Sincerely, ~~'0 Liz Cloud Program Administrator LC/lbh Enclosure DIRECTOR'S OFFICE RA. Gray Building. 500 South Bronaugh Streel . Tallahassee, Florida 32]<)9-0250 850_245_6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlll.dou.ale.n.us COMMUNITY DEVELOPMENT 850.:.!45.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245_6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FA-X: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMr~ISTRATIVE CODE AND WEEKLY 850.245.6270 . FA-X: 850.245.6282 June 13, 2007 -t:ounty of Collier 1..- CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST " PO. BOX 413044 NAPLES. FLORIDA '34101-3044 ~~ 17D Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Ms. Karlyn Solis Department of State Bureau of Administrative Code RA Gray Building Room 10 1 500 S. Bronough Street Tallahassee, Florida 32399-0250 Re: Ordinance Number: 2007-40 Dear Ms. Solis: Transmitted herewith for the record are Exhibits E-l thru E-4 that were inadvertently omitted from Collier County Ordinance 2007-40. The ordinance with the enclosed exhibits, were adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, April 24, 2007, during Regular Session. Please place these exhibits with the Ordinance 2007-40 that was filed with you office on May 1,2007. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK ~~ Martha Vergara, Deputy Clerk Enclosure( s) Phone- (239) 732-2646 Website- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(ti)clerk.collier.f1.us 17D MEMORANDUM (VIA E-MAIL) DATE: May 30, 2007 TO: Trish Morgan, Boal'd Minutes and Records Manager Kay D~lem, Principal Planner FROM: SUBJECT: Grey Oaks MPUD Ordinance No. 07-40 On April 24, 2007, the Board approved Grey Oaks MPUD (Ordinance No. 07-40) and the ordinance was tiled with the Secretary of State on May 1,2007. It has come to my attention that Exhibits E-1 through E-4, which were presented and approved by the Board, were inadvertently len out of the package that was delivered to the Clerk's Office for filing with the Secretary of State's Office. Therefore, I am requesting that the attached Exhibits E-l through EA be filed with the Secretary of State. Should you require any additional information, please do no hesitate to call. Thank you. c: Mmjorie M. Student-Stirling, Assistant County Attorney 07.CPS-00574/21 ~ ~~ ~ ~ ~ ~> ~~~ ~ ~m ~8~~ > n~ ~ ~~ I ~ nl ~Ih -----~:; ...- ill .:2: -- 'I 1!l I . ~ ~ Ii; "--,-,,,=" "I ..:;.,.-..'....-..., -~ -Y' ~:."" '~i~" i ," ,~!~ "i~' ::il' ~ . ..... '.-, . '--. ~~''''''- ~,\; [ir ' ~14'Ik~ ".,.,",1 ._,_~jV_'~ . ~.~_.... . ".._,.... " i , . ! " It \ I . 1< 17u .'..,.~. . N t~ ~ :~ ., ,. r.' .'" 'J .. ~ ~ ... '" '" , , i ~ < ,oj.. . I , I, 17n u j- i" .. ~ > ~ ~ '" .. ~ ~ ~ , z '! I II I! I ! . 1;1 III . I I, I' . . I l . : ~ , ; , # ~. ,. , > I - \, 17D l' ~ . , II i I.. ~i . ! " n ,: I . I' , COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17[ To: Clerk to the Board: Please place the following 8S 8; XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ****************************************************************************************** Originating Deptl Div: Comm.Dev.Serv./PlanningPerson: Melissa Zone Date: Petition No. (If none, give brief description): PUDZ-2006-AR-9150, Bradford Square Petitioner: (Name & Address): Hole Montes, Inc., Robert L. Duane, AICP, 950 Encore Way, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Livingston Village, LLC, Kerry Kubacki, 2055 Trade Center Way, Naples, FL 34109; Vanderbilt Holdings II, LLC, Tammy Turner Kipp, 6625 New Haven Circle, Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: Aoril 24. 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-2006-AR-9150, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned "A" Agriculture with a Conditional Use (CU) overlay to uMPUD" Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square teet of retail or office space and ten multi-family units; the project is to be known as Bradford Square MPUD. The subject property is 9.18'" acres located at 14258 Livingston Road, north east comer of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged tor advertising costs: Reviewed by: {/ J..A livl lfh.l.rh - '"'?L~--7 BOpartmentHead ~ Approved by: . County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .***************************************************************************************** FOR CLERK'~~~~E ONLY: UL"\Ll- 1../1 t..I-\ c. \..--/L. Date Received:O Date of Public hearing: ~ Date Advertised: ~\ ORDINANCE NO. 07 AN ORDINANCIl OF 'I'HE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY FLORIDA, AMIlNDS ORDINANCIl NUMBER 2004-41, Ai! AMIlNDIlD THE COllIER COUNTY LAND DEVELOPMENT CODE 'WHICH INCLUDES THE COMl'REHENSIVE ZONING REGULATIONS FOR 'I'HE UNINCORPORAlED AREA OF COLLIIlIl COUNTY, FLORIDA BY AMENDING TIIIl APPROPRIATIl ZONING A TI.AS MAP OR MAPS BY CHANGING 11IB ZONING CI.ASSlFICATION OF TIlE HEREIN DIlSCRIBIlD REAL PROPBRTYFROM THE RURAL AGRICULTURE (A) ZONING DISTRICT wrrn A CONDmONAL USE FOR A CIlURCH TO MIXED USE PLANNED UNIT DEVIlLOPMENr (MPUD) ZONING DIS'l'RICI' FOR A PROJECl' KNOWN Ai! 11IB BRADFORD SQUARE MPllD, IN SECTION 3 t, TOWNSHlP 48 SOUTH, L\NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 ACRES; AND BY PROVIDING AN IlFFl!Cl'IVE DATIl. 17[ WHEREAS, Keay Kubacki fOJ' Livingston Village, LLC, and Tammy Turner IGpp of VlIIldod>lh Holdings lI, LLC, rep....ented by Robert L. Duane, AICP, of Hole Monte., Inc., petiticmed 1bc Board of Comrty Commi!l8ioncn to change the zoning classification of the herein deombed rea1 property. .NOW, THEREFORE BIl IT ORDAINED By TIlE BOARD OF COUNTY COMMISSIONERS OP COLLIER COUNTY, FLORIDA, that: SECTION ONE, The llIOtIioa cluaifioation of Ihe heroin dcocribed real property locaU:d in Section 31, Town.hip 48 Soulh, Jtouse 26 Baal, Collier Coullty, Florid.. is changed from the Agriculture (A) Zoning DiIIIricI aod a conditional use fa: a church, which has - sinoe expnd to . Mixed Use Planned Unff DevelDpment (MPUD) zooina dilllrict for project known .. the Bradford Square MPUD in accordlnce with the MPUD Doc1llDCl1t. attached hereto' as ExIu"bit M A" and incorpol'll1ed by -.. """'in. The IJlPl'Opriate zcoring atIaa map ... mop. a. descnbod in 0rdinaIl0e Number 2004-41, .. amcndod, the Collier County .Land Dcwlopmollt Code, are hereby ameodecl...,.,.,m;"gIy. SECIJON TWO' Thi. Ordinance .hall become cffect:ive upon filing with the Department of State. PASSED AND.DULY ADOPTIID by .uper-~ority vote by the Boord of County CoDlll1iuioncn of Collier County, Florida, !biB _ day of ,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUN'IY,FLORTDA BY: JAMES COLI!IT A, CIlAIRMAN ATl'EST: DWIGIIT E. BROCK, DIlPUTY CLERK Approved.. to Perm IlIId Lop! Sufficiency _~f Ma1joric M. Studenl-Sdrlinl '" \ A_ County AIIorncy .' f'"" .! ,', .:;...,. '" BRADFORD SQUARE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Livingston Village LLC 2055 Trade Center Way Naples, FL 34109 And Vanderbilt Holdings II, LLC 6625 New Haven Circle Naples, FL 34109 - 7220 PREPARED BY: Hole Montes, Inc. Robert Duane, AICP 950 Encore Way Naples, FL 34110 (239) 254-2000 And Goodlette, Coleman & Johnson, PA Richard D. Yovanovich, Esq. 4001 Tamiami Trial North Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A -,--_.._-_.~-,--_."_.".-_._. ,..-..--.,- l?[ Any other principal use which is comparable in nature with the foregoing list of permitted principal uses. as determined by the Board of loning Appeals ("BlA") by the process outlined in the LDC. C. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this MPUD. including recreational facilities. such as swimming pool and clubhouse. and maintenance facilities. The location of the recreational area is depicted on the MPUD Master Plan. 2. Any other use. which is comparable in nature with the foregoing uses. consistent with the permitted uses and purpose and intent statement of this RPUD as determined by the Zoning Board of Appeals. D. Commercial and Residential Uses: 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: Permitted Principal Uses and Structures (SIC Code) 1. Accounting Services (8721) 2. Apparel and Accessory Stores (5611 - 5699) 3. Architectural. Engineering and Surveying Services (0781. 8711 -8713) 4. Attorney Offices & Legal Services (8111) 5. Business Services (7311 - 7313. 7322 - 7338. 7361 - 7379. 7384. 7389) 6. Child Day Care Services (8351) 7. Depository (Financial) Institutions (6011 - 6099) 8. Drinking Places (5813) 9. Eating Establishments and Places (5812) "Except as prohibited in Section 2.2.E" 1 O. Food Stores (5411 - 54991 "Except as prohibited in Section2.2.E" 11. General Merchandise stores (5311 - 5399) 3-2 H:\2005\2005134\WP\PUD Rezone\RESUBMITT AL 2-13.Q7\PUD 070213 Rev.rld.ry.sa.mz.rld.mz(lO).clean.doc ~_N,"~,__,__._,_~_,"_.____'___'N"'.__._______.__.._ ."'" .~..,--_..._. ,'-~- 17[ 12. Governmental Offices 13. Hardware Stores (5251) 14. Health Services [8011 - 8049,8082) 15. Home Furniture, Furnishings, Equipment Store (5712- 5736) 16. Home Supply Store (5531) 17. Insurance Agencies, Brokers, Carriers (6311 - 6399, 6411) 18. Large Appliance Repair Service (7623) 19. Management & Public Relations (8741 -8743,8748) 20. Membership Organizations (8611 - 8699) 21. Miscellaneous Repair Services (7629 - 7699) 22. Miscellaneous Retail Services (5912 - 5963) 23. Museums and Art Galleries (8412) 24. Non-Depository Credit Institutions (6111 - 6163) 25. Office Machine Repair Service (7629 -7631 ) 26. Paint, Glass, Wallpaper Store (5231) 27. Personal Services (7211, 7212, 7215, 7216, 7221 -7251, 7291, 7299) 28. Photographic Studios (7221) 29. Physical Fitness Facilities (7991) 30. Residential Multi-Family 31. Real Estate (6531 - 6541) 32. Retail Nurseries, Lawn and Garden (5261) 33. Security Brokers, Dealers, Exchanges, Services (6211- 6289) 34. Shoe Repair Shops or Shoe Shine Parlors (7251) 35. Travel Agencies (4724) 36. Veterinarian's Office [except for outdoor kenneling) (0742,0752) 37. Videotape Rental (7841) 38. Any other use which is comparable in nature with the foregoing uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals. E. Specifically prohibited uses 1 . Gas Stations 2. Convenience Stores with Gas Pumps 3. Fast Food Restaurants. The following fast food restaurants are not permitted: McDonald's, Burger King, Roy Roger's, Wendy's, Checkers, and Long John Silvers. 3-3 H:\2005\2005134\WP\PUD Rezone\RESUBMITI AL 2~ 13...()7\PUD 070213 Rev .rld.ty.sa.mz.r1d.mz(lO).clean.doc --1 '! .~ /' ~ .i;~, '" F. Development Standards for Commercial and Residential Uses: Table 1 below sets forth the development standards for land uses with this MPUD ordinance. Standards not specifically setforth herein shall be those specified in effect as of the date of approval of the SDP or subdivision plat. Table 1: A. Principal Structures 1. Minimum lot width One-hundred feet (100 feet) 2. Minimum lot area Ten-thousand (lO,OOO s.l.) 3. Front yard setback Thirty-five feet from both Livingston & Vanderbilt Beach Roads. 4. Rear yard setback Seventy feet from north property line [70 feet) 5. Side yard setbacks Seventy feet from east property line (70 feet) 6. Minimum distance One-half the sum of the building height but between structures not less than fifteen feet (15 feet) 7. Maximum building height Thirty-five feet within three stories 8. Minimum floor area One-thousand square feet (1000 s.l.) 9. Minimum preserve area Twenty-five feet (25 ft.) See also Section 5.6.H setback of this ordinance. 3-4 B. Accessory Structures: H:\2005\2005134\WP\PUD Rczone\RESUBMllTAL 2-13-07\PUD 070213 Rev .rld.ry.sa.muld.mz(t O).clean.doc 17[ 1. Front 15 2. Side 15 3. Rear 15 4. Preserve 10 5. Distance between 'SPS principal structures Notes: . See also Section 5.6.H at this ordinance. . SPS- same as principle sfructures. Size Limitations on Uses: A maximum of 20,000 square feet floor area for any single commercial user. This is the only limit on the size of permitted uses within the 100,000 square foot maximum of gross leasable floor area allowed. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. Structures must include the following common elements. Except as provided for herein. all criteria setforth in the table above shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or homeowners boundary lines shall not be utilized for determining development standards. Mixed Use Standards: Residential multi-family dwelling units shall be permitted above commercial structures and shall have a minimum floor area of 1000 square feet and shall be limited to a maximum of ten (10) units. 3-5 H:\2005\200S134\WP\PUD Rezone\R.ESUBMmAL 2.13-07\POO 070213 Rev .rld.ry.sa.mz.rld.mz(l G).clean.doc 17E SECTION IV PRESERVE SUBDISTRICT 4.1 USES PERMITTED A minimum of 15% of the naturally vegetated area or 1 .38 acres of the MPUD shall be preserved and set aside as a preserve area. No building, structure or part thereof, shall be erected. altered or used. or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and structures: Principal Uses: 1. Passive recreation areas: 2. Water management and water management structures; 3. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 4_ Mitigation areas; 4-1 H:\200S\2005134\WP\PUD Rezone\RESUBMnTAL 2-13-07\PUD 070213 Rev.rld.ry.sa.mz.rld.mz(lO).clean.doc ,,~_.~_.__c__.._.g>> _""..._._."~__...___"._._.'._.,,__'_ ._...h<"'__',__~",,'~_'_' ____~_..._._..___ 17r SECTION V DEVELOPMENT COMMITMENTS 5.1 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS). current edition, FOOT 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. All internal roads, driveways. alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. C. Payment in lieu of sidewalks and bike lanes shall be determined utilizing FDOT's 2004 transportation costs, as amended. Payment shall be required within 30 days of approval of the zoning petition by the Board of County Commissioners. D. If a gate is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate. 5-1 H:\200S\2005134\WP\PUD Rezone\RESUBMlTI AL 2~ 13-07\PUD 070213 Rev .rld.ry.sa.mz.rld.mz(lO).clean.doc 17E D. All conservation areas shall be designated as conservation/ preservation tracts or easements on all construction plans and shall be recorded on the plat or site plan, whichever is applicable, with protective covenants per or similar to Section 704.06 of the Florida Statutes. E. In the event the project does not require platting, all areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County, with no responsibility for maintenance and subject to the -uses and limitations similar to or as per Florida Statutes Section 704.06. F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. G. 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. This information shall be provided to Environmental Review Staff for review at the time development orders are requested. H. All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve_ Accessory structures and all other site alterations shall have a minimum 10-foot setback. I. The stormwater management system will be monitored on an annual basis. If stormwater negatively affects native vegetation in the Preserve Area, then vegetation will be recreated. J. A preserve management plan shall be provided to the Environmental Staff for approval prior to site construction approval identifying methods to address treatment of invasive species, fire management. 5-6 H:\200S\2005134\ WP\PUO Rezone\RESUBMmAL 2-13-07\PUD 070213 Rev .rld.ry.sa.mz.rld.mz(l O).clean.doc 17E 5.7 PROPERTY OWNERS' ASSOCIATION Whenever the developer elects to create land area or amenities, whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development, in which the common interest is located, that developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association or another appropriate entity, whose function shall include provisions for the perpetual care and maintenance of all common facilities including for the liability and maintenance of The Stormwater Management System and slopes and open space subject further to the provisions of Subsection 1 O.02.13M of the LDC. 5-7 H:\2005\2005134\WP\PUO Rezone\RESUBMlTI AL 2-13~07\PUD 070213 Rev .r1d.ry.sa.m:z.T'ld.mz(1 D).c1ean.doc ------_.._._-..~-_.,-_._..._._,._._"'--,_._-,~-------~- ...~.t;"C :!!.~,;Ii . I 'I' I - !! II _ I i I - iD "II .' !~ri ::11 ~li.1 Ii i:11 ;1 i'l ..~--Jld. I 'I'j II I i !iilMI : -0-:1' ~ I .- I . Ii f- ---.-- ' ;I!;~: -; I I ! llii w Ui . o-!W ~ lliiij _ :..,~ ~. . j~ ~~ '" ",- <z'" w'" ",_0 w"'''' zu.w 0"'''' N"'''' Ww !!!"- o . ~5 .' ," ~~ "" i I > I ~ i b <I .~ L ~~ "'~ , o ___-=-,-7--?~2:f .... 1:1' - ~- III _ ....---~' h 11r------ ..,i..... III 'a~' II f' -=-~=~~'!\ --Ill II 'II lJ'l ,I ~J "" , * ~ :t: 0- ",W <'" ~'" " zO <() !.!u. ...J...J WO "-" "'Z "0 "-", ",,, WlXl Z- O!:: N moo.__ ---- , o , * f ~ :-- r! J ;~ : !d ! ~n : 'lll- i hi !: :,:, J. ; ,." I' .-d;l-- .~ ,mi TJ i 1.,,1 : , i , , , , i , , -1- : , i i , , , , , , i 11 -'- Ii. ,., Ii! ,I: :i\ ili i :I! ! I': ! II! I II' ' ".~:.'! iii I :r I II'! · :i i ,.: :i! ! Pi.i · ,i! I -.Ul- I.' - j :!! I ! I Ii! . j'. :I(! Iii ,'.'.' I",i I~ II ,:: ci. ,:: I I ~:t ili I,' I ~ " ~!: Iii II ,I;! ! :i! . 'i. ; I' w ~Il : ~3; ~ f~~iE I:,,:, -hi(o-~~"~-' *It' it~_:l~'-', I 1_ __J-sr-.. _~_~W8g-' 6 ~ , ' I ! ; ~ ?[ j ~ ~ i "1, ~ If> I - I ~ :11 1'1 ," III z " '" z" ..'" ..I" ..~ ..I- ~~ .." ..Z :I~ , , '- -. III I , -I' . ~. . ., , i i i l W II: U < ::J ::> w a&~ en ~ ~ 09:> II: ~. 0.0 0" ... 0 '" ~ < - II: ~ 1XI 17[ EXHIBIT "B" LIST OF REQUESTED DEVIATIONS FROM THE LDC The purpose of this section is to set forth the deviations to the lDC that governs the development of this MPUD. A. The Collier County Access Management Policy Resolution 01.247 requires a minimum spacing 1320 feet from the intersection of Livingston Road for access location. Due to the size of the parcel. the access onto Livingston Road is shown approximately 420 feet from the intersection of Livingston Road and Vanderbilt Beach Road. This access point was agreed to as part of a stipulated final judgment between Collier County, FL vs. Tiburon Golf Ventures L.P., et ai, case # 04-4678-CA parcel # 15. B. Curvilinear boundaries of man-made water bodies, as stipulated in Subsection 4.06.02.D5 of the LOC, shall not be required for the dry storm water management areas. C. The requirement for a wall between commercial and residential uses prescribed in Subsection 5.03.02 E 2 and 3 of the LDC shall be waived along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. H:\2005\2005134\WP\PUD Rczone\RESUBMm AL 2-13-07\PUD 070213 Rev.rld.ry.sa.mz.rld.mz(l D).clean.doc 17[ March 28, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -2006-AR-9150: Bradford Square Dear Legals: Please advertise the above referenced notice on Sunday, April 8, 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 # 113-138312-649110 _.._--..,..,~,~~~_..-~-,----_._.._."_...".,,.,.__.._.._-,,-,,--,-,,--~,-'-"'- 17[ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, April 24, 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, AMENDS ORDINANCE NUMBER 2004-41, AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE (A) ZONING DISTRICT WITH A CONDITIONAL USE FOR A CHURCH TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BRADFORD SQUARE MPUD, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2006-AR-9150, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned "AU Agriculture with a Conditional Use (CU) overlay to "MPUDU Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square feet of retail or office space and ten multi-family units; the project is to be known as Bradford Square MPUD. The subject property is 9.18 +/- acres located at 14258 Livingston Road, north east corner of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 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 public hearing. All material used in presentations before the Board will become a permanent part of the record. 1?[ 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) Dwight E. Brock Clerk of Courts CUijp.1yofC{)llier CLERK OF T'HE.CIRCUIT COURT . , COLLIER COUNTY goURTiJPUSE 3301 TAMIAMI TKAIL EA'ST P.O. BOX 4i,a044 '. NAPLES, FLORIDA~#101-3d44 \'/ 11{ March 29, 2007 Clerk of Courts Accountant Auditor Custodian of County Funds Vanderbilt Holdings II, LLC Tammy Turner Kipp 6625 New Haven Circle Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2006-AR-9150; Bradford Square Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~f0Vcfk.; Ae Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.coIlier.fl.us Fax - (239) 775-2755 Email: coIlierclerkiiV.c1erk.collier.fl.us March 29,2007 GQl!JltyofC~llier CLERK OF THE CIRCUIT COURT COLLIER COUNTyqoURT~O. USE 3301 TAMIAMI TI,tAIL EA<ST P.O. BOX 41:~044 \ NAPLES, FLORIDA'~.'l101-3d44 ,\1/ , :q "f , ./ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Livingston Village, LLC Kerry Kubacki 2055 Trade Center Way Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2006-AR-9150; Bradford Square Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK f\ q 1.,u.1k~ V<s~ Q~QD ( ~esa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.fl.us Fax - (239) 775-2755 Email: colliercIerk(iiJ,cIerk,collier.fl.us Dwight E. Brock Clerk of Courts COl!JltyofC(!) llier CLERK OF THEblRCUIT COURT COLLIER COUNTYQoURT~OUSE 3301 TAMIAMI TRAIL EA~T P.O. BOX 4i;~044 '. NAPLES, FLORIDA ~#101-3d44 \'iJ 1?[ March 29, 2007 Clerk of Courts Accountant Auditor Custodian of County Funds I ., -'/., Hole Montes, Inc. Robert L. Duane, AICP 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-2006-AR-9150; Bradford Square Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~i~oLQS1it ~C Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.coIlier.t1.us Fax - (239) 775-2755 Email: coIlierclerk@c1erk.collier.t1.us Teresa L. Polaski l?( To: Subject: legals@naplesnews.com PUDZ-2006-AR-9150 Attachments: PUDZ-2006-AR-9150.doc; PUDZ-2006-AR-9150.doc Legals, Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you ~ ~ PUDl-2006-AR-915 PUDl-2006-AR-915 O.doc (28 KB) O.doc (29 KB) Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) 1 r---.... .' Teresa L. Polaski '-. From: Sent: To: Subject: ClerkPostmaster Thursday, March 29, 2007 12:29 PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2045361.txt; PUDZ-2006-AR-9150 []- 3-:':,,; ",,' t:::7l. / L::...J ATT2045361.txt PUDZ-2006-AR-915 (231 B) 0 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-9150 Page I of I 17[ Teresa L. Polaski From: Sent: To: Perrell, Pam [paperrell@naplesnews.com] Thursday, March 29, 2007 1 :48 PM Teresa L. Polaski Subject: RE: PUDZ-2006-AR-9150 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@cJerk.collier.fl.us] Posted At: Thursday, March 29, 2007 12:29 PM Posted To: Legals Conversation: PUDZ-2006-AR-9150 Subject: PUDZ-2006-AR-9150 Legals, Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you <<PUDZ-2006-AR-9150.doc>> <<PUDZ-2006-AR-9150.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3/29/2007 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Le\l is. \lho on oath says that they serye as the Editor of the Naples Daily. a dmly ne\lspaper published at Naples. in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the ad\'crtising, being a PUBLIC NOTICE in the matter of PUBLI C NOTI CE \\'as published in said nc\vspapcr 1 time in the issue on, April 8'" 2007 Affiant further says that th..~ said ~apks Daily N~ws is a nev.'sparer published at Naples, in said Collier Ci.mnty, Florida, and that the said newspaper has heretofore bcc:n eontinllollsly puhlishcd in said Collier County, Florida: distributed in Collier and J ,ce counties of Florida, each day and has been entered as second dass mail matter at the post ()f1ice in ,,'aples. in said Collier Count\'. Florida, II)T a period of I :-'car next preceding the first pub1icali()!l olthe attached copy of advertisem..::nt and affiant further savs that he has neither paid nor promised any perSlJll. firm lJr <,;()Ip()f<lli'lll allY JiscOlm1. r..::bak, ..:ommission or rdund for th.:: purpose D( securing this ad\-el1is.:m.::nt for Jluhli.:atio 1 Ih.: said nc'v....spap..::f. - , Sworn to and subscribed before me This 8th D:; I~O~:c_< c' ;{__~~ ,u (SignallIre of notar;p,"blic) N!IllI:J~ ,_~ ,.'~"co..~~SSiONt? Cf1lUJa1 BIRlD h~ H\ 2001 ~-;';',i.",r,::;--''ifb'Hji.i'~1fiC. ) ~ t.; , . . :,1Ii< ~", '-!f .,~ ~.. ,ft: ,- " ~.... Caples of the proposed Ordinance are on file with the Clerk to the Board and are avatlabte forl~. n. A1I1~ _.. ore I~..-. .._ be heard. NOTE:. All ~ns ...,lsh. Ing to speak on ~l'Y agenda. Item must retJ1. ter with thE! County ad- mlmstrator rrlor to Pr.t sent.tlon 0 the aaenUCl Item to be addre5se~i Ind.ivldual spe~m1rs '!"S be,.I\mlted to The- =- on- en~l*lmnvldual to =-aa . ~ behalf of an organization or group Is encouraged. If recog- mzed by the Chairman, a spokesperson for a g-rou,or Olga.n!xatlon may 1)8 allotted 10 -mIn- utes to speak on an Item. . ~nJ wishing to hive written or graphIcma- tertalJ Included Ini:."',l. Board aaenda. pac",e 5 must $llbmlt .ald ma- ,,=1 I a_.mlnimum o. t. 3 '1'1" "iM'Jo! - to the re- s' :\Ie pub~'D~ng. In arry cUI. WmUDf~.ma- ~~ebnd~~. b. Sh'an-bi-submltted,; to the ~P~vgl= ~O\I~ ~'Q."~. prl:or tottle DUbllchPdag. "" ma- terial - used In oresenta- tlons befOre the Board will, bitcome .. perdrma. nOlI\.....olthenlCO . perst?fI who decides ~8ppea! a .deClsion of ttle BoarG will need a re- cord of ttleDiOceedlngs pertalnma tl1'-reto and thereto". may' need to ensure. that a verbatim 'record of the fiR' " d. Ings Is made. ',n r1'" cord Inc:ludeS ' te5O- mony aJ'1d ev ee-nc~ upon which ttl9 appea Is b&SOd. BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, ~k=~OLmA, CHAIR- tt\..II"1iiIiROeK, CLERK " B~rTer.esa.polaskl. Dep. Ustfl8rk " ' ~) No.: 1647725 l7E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the , I exception of the Chairman's simature, draw a line throul!l1 routine: lines # I throul!h #4, comotete the checklist, and forward to Sue Filson line#5l. Route to Addressee(s) Office Initials Date (List in Toutin!!: 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 Melissa Zone Contact Agenda Date Item was 4/24/2007 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number document Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro 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 Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours 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 '1. ~ '1' () 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 es, if a lieable. 213-2958 17E I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO. 07 41 17E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE (A) ZONING DISTRICT WITH A CONDITIONAL USE FOR A CHURCH TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BRADFORD SQUARE MPUD, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agriculture (A) Zoning District and a conditional use for a church, which has since expired to a Mixed Use Planned Unit Development (MPUD) zoning district for project known as the Bradford Square MPUD in accordance with the MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Col1ier, County, Florida, this ,2.'1 day of d/.?~ , 2007. I ATTEST: ' l' r: DWIGHT E. BROCK: ' ., ~ttestu,to . " . ui Cle;;[ . ~J~~~lr,.t;IM'~/tp a~d legal sufficiency: BY: J Item # j 1--F 1/t"~A~' on.,/Jb~-~ Marjori . Student-Stirling Assistant County Attorney Agenda L1 I ClLct1t" Date ~ ~ ~~u~ Ic:pul\: CI€ii, 17E 'I BRADFORD SQUARE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Livingston Village LLC 2055 Trade Center Way Naples, FL 34109 And Vanderbilt Holdings II, LLC 6625 New Haven Circle Naples, FL 34109 - 7220 PREPARED BY: Hole Montes, Inc. Robert Duane, AICP 950 Encore Way Naples, FL 34110 (239) 254-2000 And Goodlette, Coleman & Johnson, PA Richard D. Yovanovich, Esq. 4001 Tamiami Trial North Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC April 24, 2007 ORDINANCE NUMBER 2007-4] AMENDMENTS AND REPEAL /004-41 Exhibit A TABLE OF CONTENTS PAGE THE BRADFORD SQUARE MPUD SECTION I: STATEMENT OF COMPLIANCE 1-1 SECTION II: PROPERlY OWNERSHIP, lEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE, AND STATEMENT OF UNIFIED CONTROL 2-1 SECTION III: MIXED USE DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE SUBDISTRICT 4-1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 LIST OF EXHIBITS AND TABLES EXHIBIT "Au MPUD MASTER PLAN EXHIBIT "Bu LIST OF REQUESTED DEVIATIONS FROM lDC ii 17[ 17E SECTION I STATEMENT OF COMPLIANCE The development of approximately 9.18 acres of property in Section 31, Township 48 South, Range 26 East as a Mixed Use Commercial Planned Unit Development (MPUD) will be in compliance with the goals, objectives, and policies of the Collier County Growth Management Pian (GMP). The project will be consistent with all applicabie provisions of the growth policies, iand development regulations, and applicable comprehensive planning objectives for each of the elements of the GMP for the following reasons: The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict and will provide neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict. Allowable iand uses are a variety of commercial mixed uses and residential uses. The Subdistrict includes two parcels and the subject property located at the intersection of Livingston Road and Vanderbilt Beach Road. The project is allowed a maximum of 100,000 square feet of gross leasable fioor area whether by right or by conditional use in the C-1 through C-3 Zoning District. The Subdistrict prohibits certain uses inciuding gas stations and convenience stores. Residential densities are permitted up to sixteen dwelling units per acre. The proposed MPUD with ten residential dwelling units and up to 100,000 square feet of gross leasable floor area including the proposed uses can be found consistent with the GMP, FLUE, and the provisions set forth in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Therefore, consistency with the GMP can be established for this proposed MPUD. 1-1 C:\Documents and Settings\melissazone\Local Settings\Temporary Internet Files\OLK20D\Revised MPUD 4-23-07 document per MS 4-9- 07 cepe 04-16-07.doc 17E SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The subject property is owned by Vanderbilt Holdings, LLC located at 6625 New Haven Circle, Naples, FL 34109 and is under contract for purchase by Livingston Village, LLC (Co-Applicants) at the time of rezoning. 2.2 LEGAL DESCRIPTION The southwest quarter of the southwest quarter of the southwest quarter and the west half of the west half of the southeast quarter of the southwest quarter of the southwest quarter of Section 31, Township 48 South, Range 26 East Collier County, Florida, less the south 150 feet thereof. Also less and except: That portion described In warranty deed to Collier County, Florida record in O.R. Book 3022, Page 1128, and that portion described in Order of Taking, recorded in O.R. Book 3599, Page 121, Public Records of Collier County, Florida. 2.3 PROJECT DESCRIPTION The project is comprised of 9.18 acres, more or less, and is located on the northeast corner of the intersection of Vanderbilt Beach and Livingston Roads. The MPUD has approximately 820 feet of frontage on Vanderbilt Beach Road and approximately 470 feet of frontage on Livingston Road. Bradford Square is expected to develop with a mixture of office, retail, and residential uses, with a maximum of 100,000 square feet of floor area for office and retail uses. However, the maximum floor area for any commercial user shall not exceed 20,000 square feet of gross leasable floor area. 2-1 17r 2.4 SHORT TITLE This ordinance shall be known and cited as "BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the contract sellers, Vanderbilt Holdings, LLC, have the project or property under unified control for the purpose of obtaining MPUD zoning on the subject property. 2-2 17[ SECTION III MIXED USE SUBDISTRICT 3.1 MAXIMUM DEVELOPMENT INTENSITY AND NUMBER OF DWELLING UNITS The maximum development intensity is 100,000 square feet of gross leasable office or retail area and a maximum of 10 dweiling units. 3.2 PERMITTED USES A. General Permitted Uses~ 1 . Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 6. Landscape features Including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable In nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals. (BZA) B. Principal Uses: 1. Multi-family dwellings. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA. 3-1 17E C. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this MPUD, Including recreational facilities, such as swimming pool, and clubhouse, and maintenance facilities. The location of the recreational area Is depicted on the MPUD Master Plan. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the uses for this MPUD as determined by the BZA. D. Commercial and Residential Uses: 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: Permitted Principal Uses and Structures (SIC Code) 1. Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611 - 5699); 3. Architectural, engineering and surveying services (groups 0781,8711 - 8713); 4. Attorney offices and legal services (group 8111); 5. Business services (groups 7311 - 7313, 7322 - 7338, 7361 - 7379, 7384, 7389); 6. Child day care services (group 8351); 7. Depository (financial) institutions (groups 6011 - 6099); 8. Drinking places (group 5813); No outdoor amplified entertainment shall be permitted for any restaurants (music or television) and no bar areas with outside seating shall be permitted. 9. Eating and drinking places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants-carry-out restaurants-sit-down, restaurant with drive-through window (limited to one only) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (See also Section 3.2.E.3); No outdoor amplified entertainment shall be permitted for any restaurants (music or television) and no bar areas with outside seating shall be permitted. 3-2 17E 10. Food stores (groups 5411 - 5499) "except as prohibited in Section 3 .2.E of this Document" 11 . General merchandise stores (groups 5311 - 5399); 12. Governmental offices (groups 9111-9199); 13. Hardware stores (group 5251); 14. Health services (groups 8011 - 8049,8082); 15. Home furniture, furnishings, equipment store (groups 5712 -5736); 16. Home supply store (group 5531); 17. Insurance agencies, brokers, carriers (groups 6311 - 6399, 6411); 18. Large appliance repair service (group 7623); 19. Management and public relations (groups 8741 - 8743,8748); 20. Membership organizations (groups 8611 - 8699); 21. Miscellaneous repair services (groups 7629 - 7699); 22. Miscellaneous retail services (groups 5912 - 5963); 23. Museums and art galleries (group 8412); 24. Non-depository credit institutions (groups 6111 - 6163); 25. Office machine repair service (groups 7629 -7631); 26. Paint, glass, wallpaper store (group 5231); 27. Personal services (groups 7211, 7212, 7215, 7216, 7221 7251, 7291, 7299); 28. Photographic studios (group 7221); 29. Physical fitness facilities (group 7991); 30. Residential multi-family- maximum of 10 dwelling units 31 . Real estate (groups 6531 - 6541); 32. Retail nurseries, lawn and garden (group 5261); 33. Security brokers, dealers, exchanges, services (groups 6211 - 6289); 34. Shoe repair shops or shoe shine parlors (group 7251); 35. Travel agencies (groups 4724); 36. Veterinarian's office (groups 0742,0752) (except for outdoor kenneling); 37. Videotape rental (group 7841); 38. Any other use which Is comparable in nature with the foregoing uses as determined by the BZA. E. Specifically prohibited uses: 1 . Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; 3-3 17[ 4. No outdoor amplified entertainment shall be permitted for any restaurants (music or television). 5. No bar areas with outside seating shall be permitted. F. Development Standards for Commercial and Residential Uses: Table 1 below sets forth the development standards for land uses with this MPUD Ordinance. Standards in the LDC, not specifically set forth herein shall be those specified in effect as of the date of approval of the site deveiopment plan (SDP) or subdivision plat. Table 1: A. Principal Structures 1. Minimum lot width: One-hundred feet (100'). 2. Minimum lot area: Ten-thousand square feet (10.000 s.f.). 3. Front yard setback: Thirty-five feet (35') from both Livingston and Vanderbilt Beach Roads. 4. Rear yard setback: Seventy feet from north property line (70'). 5. Side yard setbacks: Seventy feet from east property line (70' each). 6. Minimum distance One-half the sum of each building height but between structures: not less than twenty feet (20'). 7. Maximum building height: Thirty-five within three stories as zoned but not to exceed fifty (50') feet (actual height). 8. Minimum floor area: One-thousand square feet (1000 s.f.). 9. Minimum preserve area Twenty-five feet (25') See also Subsection setback: 5.6.G of this Ordinance. 3-4 17E B. Accessorv Structures: 1. Front setback: Fifteen feet (15'). 2. Side setback: Fifteen feet (15'). 3. Rear setback: Fifteen feet (15'). 4. Preserve setback: Ten feet (10'). 5. Distance between 'SPS. principal structures: 6. Maximum height: Fifteen feet (15') Notes: . See also Subsection 5.6.G of this Ordinance. . SPS- same as principai structures. Except as provided for herein, all criteria set forth in the Table 1 above, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. Size Limitations on Uses: A maximum of 20,000 square feet of floor area for any single commercial user. This is the only limit on the size of permitted uses within the 100,000 square foot maximum of gross leasable floor area allowed. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. All buiidings will be in the Mediterranean style, and ali pitched roofs wili be barrel tile or similar material. 3-5 17[ Mixed Use Standards: Residential multi-family dwelling units shall be permitted above commercial structures and shall have a minimum floor area of 1000 square feet and shall be limited to a maximum of ten (10) units. 36 17E SECTION IV PRESERVE SUBDISTRICT 4.1 USES PERMITTED A minimum of 15 percent of the native vegetation area or 1.38 acres of the MPUD shall be preserved and set aside as a preserve area. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following. A. Permitted Uses and Structures: 1. Principal Uses: a. Passive recreation areas. b. Water management and water management structures. c. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. d. Mitigation areas. -1- 17r '- SECTION V DEVELOPMENT COMMITMENTS 5.1 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. All traffic control devises, 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. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the deveioper and Collier County shall have no responsibility for maintenance of any such facilities. C. If a gate Is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area of sufficient width and with sufficient Inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate. D_ Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). 5-1 17E E. Access points and proposed streets shown on the MPUD 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 as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. F. Site-related improvements (as apposed to system-related improvements) necessary for safe Ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required Improvements shall be in place and available to the public prior to the Issuance of the first CO. G. Payment in iieu of construction of sidewalks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Manual estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, 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 titie, or assignee. I. if any required turn lane improvement requires the use of any existing County rights-of-way or easements, compensating right- of-way shall be provided without cost to the County as a con-sequence of such improvement. J. A bus stop shall be incorporated into the Vanderbilt Beach Road right-of-way. The bus shelter location and design shall be coordinated with, and approved by, the Collier County ATM Department. A detailed plan of the sheiter shall be included in the submittal of the first application for this project. The shelter shall be constructed by the applicant and shall be completed prior to issuance of the first CO. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement 5-2 17E within a public right-of-way or easement is determined to be necessary, the developer shall pay its proportional share of the cost of such improvement and shall be paid to Collier County before the issuance of the first CO. 5.2 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County In accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. 5.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities in compliance with the applicable regulations in effect at the time SDP and plat approvals are requested. 5.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, In accordance with the submitted plans, is granted by the Development Services Department. 5-3 17E B. A copy of the SFWMD Surface Water Management Permit if required, shall be reviewed by the Development Services Staff prior to any construction drawing approvals. 5.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of ali improvements shali be subject to compliance with the appropriate provisions of the LDC. B. An excavation permit shali be accordance with the LDC Management District rules. required where applicable, in and South Florida Water C. A surface water management permit shali be obtained from the (SFWMD) prior to any subdivision or SOP approval, if applicable. D. Any existing or proposed easements for Coliier County storm water facilities shali be maintained free of landscaping berm, or any other kind of obstacle that could impede adequate access to maintenance crews and equipment. E. If 3.1 siopes are used in this MPUD, possible guardrail, fencing, outlet and gratings may be required in addition to piantings and ground cover plantings. 5.6 ENVIRONMENTAL REQUIREMENTS The purpose of this Section is to set forth the environmental commitments of the project developer. A. The MPUD shali be required to preserve 15% of native vegetation. The preservation plans shali meet or exceed the requirements of the LDC. B. AIi approved agency SFWMD, United States Army Corps of Engineers (ACOE), FWC) permits, as applicable, shali be submitted prior to final SOP/construction plan approval. Removal of exotic vegetation shali not be counted towards mitigation for impacts to Coliier County jurisdictional wetlands. 5-4 17f C. All conservation areas shall be designated as conservation/ preservation tracts or easements on all construction plans and shall be recorded on the piat or SDP, whichever is applicable, with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. In the event the project does not require platting, all areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Coliier County with no responsibility for maintenance and subject to the uses and limitations simiiar to or as per Florida Statutes of the Section 704.06. E. 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 SDP/construction plan approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annuai removal of these plants in perpetuity shall be the responsibility of the property owner. This information shall be provided to Environmental Services Staff for review at the time development orders are requested. G. All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 1 O-foot setback. H. The stormwater management system shall be monitored on an annual basis. If the stormwater management system negatively affects native vegetation in the Preserve Area, then the vegetation shall be recreated. I. A preserve management plan shall be provided to the Environmentai Services Staff for approval prior to site construction approval identifying methods to address treatment of invasive species and fire management. 5-5 17[ EXHIBIT "An MASTER PLAN ~ ~ ~ _19._.. ~lj ! II :1 <Jl_ 0>- c(ZO:: !!!O 00::<Jl Wu.w Z 0:: oti>- NWW !aD- "',"', " .\ " . .. , I i 'I; i: ~." , ", ~.=-~- "",," >'. ." J: <Jl- o::W.. - <Jl; -0::' :;;=> zO c(U ~u. ...J...J wo a.. "3 o z;: ~~ =>0 D-o:: o=> WlD Z- O~ N . ~: !'r', III 11'---.... >, ... ~....>> ~"+ ......~~ ;;~ ..... ;it ',+ .:~ ~: '.. ,,"" -.. ',+ ...... _ _ :cJi:~ ;1I~'" .. ::~.~: __~' :t~:~_u> _l_i>/;> ~ . c~=.c~~c=1===~=~~~."'~"~~."===~~=11 '.. ;1 'l>", i ! @ n o ~ ~ II l'; ~ i r<l 7[ ~ ~ ;J; i "'" 11 ~ I ~ i ~ :II hi III O:z w< 1-... <0. ~ I- ...Z <w =>:1; I-w 0." w< Uz z< 8:1; i~~~~ !~.;l;~;; ~ it ~:~.ri': WJi~U~ ..;.l ",,,.."C ~ "'i~~ ,,"! ~~ ~i ~! l : . -I: ~ ~ i ~- , ,,~.l 1'1'1 r W 0 0:: ~ c( ~ => ~ a ~ < en ~:l g:;: Q ~ z 0:: w 0 o o~ U. ~ o ~ c( ~ 0:: ~ CD ~ ! 17E EXHIBIT "B" LIST OF REQUESTED DEVIATIONS FROM THE LDC The purpose of this section is to set forth the deviations to the LDC that governs the development of this MPUD. A. The Collier County Access Management Policy Resoiution No. Ol .247 requires a minimum spacing 1320 feet from the intersection of Livingston Road for access location. Due to the size of the parcel, the access onto Livingston Road is shown approximately 420 feet from the intersection of Livingston Road and Vanderbilt Beach Road. This access point was agreed to as part of a stipulated final judgment between Collier County, FL vs. Tiburon Golf Ventures L.P., et aL case # 04-4678-CA parcel # 15. B. The requirement for a wall between commercial and residential uses prescribed in Subsection 5.03.02 E 2 and 3 of the LDC shall be waived along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. C:\Documents and Settings\melissazone\Local Settings\Tempofm)' Internet Files\OLK20D\Revised MPUD 4-23.07 document per MS 4+9+ 07 cepe 04-16-07.doc a i j~~ Ow "2 g:~ Ii! ! :<< ! ,"~ B;;j/ r '." "o~~~ ga~g u:5~ , Ol~ :~ - ~ , " " ~;!l 1P' ~ M t\'1. "--- I ,,:.. l_U!i -t,"' . ".,-- ~ g~ ~~ <{ ~ ~~ .1 :;)~~ z ~~~ ~ "-z ~ ~~ if> 0" .' ! , I , ! w:1 ~ z o ~ u '" ~ r--- L'! 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Z < '"P" ~~'l'F 8..,j~"'~ Jj~~~~ he,! zoi~~ ~... ~ . ~I .1 ~~ ~. , , , I ~ , ~;;~c;~oF . .. ~ . . ~ I;i~i i w u '" ~ < ~ ::> w o cc~ Ul w ~ ~~ c iil:; '" > z ol!:::= .... 0 o ~ < ~ '" ~ ID i' ,I " " ,. 1//< L/ // /,/- 1/"/ /-- , ,/ .' (, ~._........ ...-.-.....- ~.! .._"".,,,,,..,,,.,,,,," CI c '3 IV I. G) c_ - >- ~ Vi ... c Co IV G) G) u c 5 E u I. - G) IV :: ;'t:l ... G) U :E G) ... ,- J: ~ <( 'II! G) I. " IV :J l:r <n 'E o - 't:l E l:Q 17f '~ II ~I h 'j I! ..8' U 11 .Iii }, -I I~ ~.Ii "08 ''i 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 2007-41 Which was adopted by the Board of County Commissioners on the 24th 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 26th day of April, 2007. DWIGHT E. BROC.K / Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ~r:1L, By: Ann Jennejohn, Deputy Clerk 17r CHARLIE CRIST Governor ".:~...~ ~LOR1DA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA . h :'-)',f '~. '; " r.;:i~,:, , . ~~V" '.r . "ll. ',~ ~'~)';: ........~,':':' 17E KURT S. BROWNING Secretary of State June 15, 2007 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated June 13, 2007, and copies of Exhibits E-I through E-4 of Collier County Ordinance No. 2007-40 which was filed in this office on May I, 2007 and Exhibit "A" of Collier County Ordinance No. 2007-41, which was filed in this office on April 27, 2007. As requested, one date stamped copy of each is being returned for your records. Sincerely, ~~ Liz Cloud Program Administrator LC/lbh Enclosure DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlls.do!l.ll.llte.O.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850,245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FA.,'(: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FA-X: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMI~ISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 June 13,2007 eo~ty of Collier CLERK OF THE CIRCU~T COURT COLUER COUNTY COURTHOUSE 3301 T AMI AMI '(RAIL Ej~ST P.O. BOX 413044 NAPLES, FLORIDA~41 0 1-3044 -. 17E , L'.f'~ :1 '~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Ms. Karlyn Solis Department of State Bureau of Administrative Code RA Gray Building Room 101 500 S. Bronough Street Tallahassee, Florida 32399-0250 Re: Ordinance Number: 2007-41 Dear Ms. Solis: Transmitted herewith for the record is Exhibit "A" Master Plan that was inadvertently omitted from Collier County Ordinance 2007-41. The ordinance with the enclosed exhibit, was adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, April 24, 2007, during Regular Session. Please place this exhibit with Ordinance 2007-41 that was filed with your office on April 27, 2007. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK ~ ~ M,rtha V"'g,,,, t1J',--- Deputy Clerk Enclosure( s) Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk(ii)c1erk.collier. fl. us 17t MEMORANDUM (VIA E-MAIL) DATE: June 13,2007 TO: Trish Morgan, Board Minutes and Records Manger FROM: Melissa Zone, Principal Planner SUBJECT: Bradford Square MPUD Ordinance No. 07-41 On April 24, 2007, the Board approved Bradford Square MPUD (Ordinance No. 07-41) and the ordinance was filed with the Secretary of State on May I, 2007. It has come to my attention that Exhibit "A" Master Plan, which was presented and approved by the Board, was inadvertently left out of the package that was delivered to the Clerk's Office for filing with the Secretary of State's Office. Therefore, 1 am requesting that the attached Exhibit "A" Master Plan be filed with the Secretary of State. Should you require any additional information, please do no hesitate to call. Thank you. cc: Marjorie M. Student-Stirling, Assistant County Attorney - - I; 11-- ,_"..i -- 171: , ___<~~\' ~ -':-r-ri ~ i--"7t:.'..~ .'--- .~~;."6" ~OAO:-'-~' ____,,1 ", .~^'/' . ---. .,.---- . " \"j I I I -1' 1"' . _uu__' - . , :: ,'/" ..' \ ii, r: / fY . 0 .>" . ~ ' "~ II' ,-/ 'joO 0 ~~L ~"~ ,\ II. I, I'. "0"- c~ 00 .' I" ;j!,,! .~o ~, ~~ , ,I,' ,i /' ~' I ,0 , \ " i," I . ,~ ~ iii' \ r""fi .j 'I" ',I: '. I I ' ", I: " '::!' [I ~! "" \.. i" ,! j Iii; )>'" i! -." " i : II ! 1 i ~ \; )1 I i !m':! ~ ",,! I j' I~ 'I: ~ [I !!~ Ii c I: :-' I' Z : I ic; li '" '\! I i ,_"..I i d '~' I: II. ; I: ,Ui ) i):lo ,J! " V' i ,'<'l Ii 'I ':r, : : ) Vl,f~ii I ),~I~ vi f~>ji Ii:: I/j F Ii !/ 'I' I: ~"""""""..--.."..".""."",,,,",,,,,,,,, "',,,. 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COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 176 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ~ ~ ' ................................................................~~ .......~.~ ~~ Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Michael J. DeRuntz '/ r Date: 7"7 Petition No. (If none, give brief description): PUDZ-2006-AR-8997, Buttonwood Preserve PUD Petitioner: (Name & Address): Q Grady Minor And Associates, D. Wayne Arnold, AICP, 3800 Via Del Rey Bonita Springs, FI 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Elias Brothers Communities Two, Inc., 15100 Collier Blvd., Naples, Fl. 34119 Hearing before BCC BZA Other Requested Hearing date: ADril 24. 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-2006-AR-8997, Elias Brother. Communities Two, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard Y ovanovich, Goodlette Coleman and Johnson, P.A., requesting a rezone from the Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for 220 single-family and multi-family residential units for a project known as the Buttonwood Preserve RPUD. The subject property, consisting of 55 acres, is located south east of Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~ -<Ak, 'tn. /W;c.w /l'>epartment Head J /,,107 Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearing. before BCC or BZA: Initiating person to complete one eopy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .**w****.**..*.......***.********************************************.******..*......******* FOR CLERK'iii.01ICE1SE ONLY: Date Received"''''' -0 Date of Public hearing: 't~'f'n 1 Date Advertised: Ai -01 ,- , ORDINANCE NO. 07-_ AN ORDINANCE OF TIlE BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNfY, FLORIDA AMENDING ORDINANCE NUMBER 200441; AS AMENDED, . THE COlLIER COUNfY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNfY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING TIlE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM TIm AGRICULTURAL <A) ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD LOCATED SOUTII EAST OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEY ARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY 0.7 MILES EAST OF COLLIER BOULEY ARD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. CONSISTING OF 55 :t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D_ WaYfll' Arnold, A1CP of Q. Grady Minor 8t AssocialcS P.A. <epcesenting Elias Brothers Commuoiti.. Two. loc, petitioned the Board of County Commissi"""", to clumge theZODing classification of the subjoc\ reo! propc<ty koown as petition PUDZ-2006-AR-8997. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNfY, FLORIDA. that: SECTION ONE: The zoning classiJicatinn of the homo desaibed real propc:rty located in Seclinn 35. Township 48 Soulh. Range 26 East. Collier County, Florida, ia changed from the Agricultural (A) Zoning Diatrict to a Residentio! Phumod Unit Development (RPUD) Zoning District in accoro-o with the BuUnnwood Presorve RPUD Document. .-bed hereto as Exhibit "A" and ioeorpoi'llled by reference Iwrein. The appropriate zoning atlas map or maps as dascribed in Ordinan<:e Number 2004-4], as amended, the Collier County Lsnd Development Coda, is/ore hm>by amended ilCCOrdingly. SECTION TWO: Thi. Ordinanoe shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commis.iOIlel> of Collier County, Florida, this _ day of . 2007. PlJ~" Pip I of1 -- 17G -..... ATI'EST: DWIGHT E. BROCK. CLERK DEPUTY CLERK Approved as to form and legal sufficiency BOARD OF COUNl'Y COMMISSIONERS COLLIER COUNl'Y, FLORIDA BY: JAMES COLETIA, CHAIRMAN ~.L In. {Jhd~~" -..f)a..t' :~ ~ M. Student-Stirling Ass.istant County AllOmey PUDZ-2006-AR-8997/MD/sp PlJDZ..2(I06...AJ.-U91 Plp2of:Z Onl-.. 17[; "=,,.Lee " . , BUTTONWOOD PRESERVE A RESIDENTIAL PLANNED UNIT DEVELOPMENT 55:1: Acres Located in Section 35 Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: ELIAS BROTHERS COMMUNITIES TWO, INC. 1500 Collier Boulevard Naples, Florida 34119 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, PA 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947-1144 (239) 947-0375 Fax and GOODLETTE COLEMAN AND JOHNSON, PA 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435-3535 (239) 435-1218 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 17G EXHIBIT "A" << , . TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI LEGAL DESCRIPTION, PROPERTY OWNERSHIP. & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL RECREATION PRESERVE GENERAL DEVELOPMENT COMMITMENTS BUlTONWOOD PRESERVE RPUD(2-7-06)cloan.doc ii 17G PAGE ii 1-1 2-1 3-1 4-1 5-1 6-1 .~-----_.._----_._.~._---._,,-._- 1_ " , EXHIBIT A EXHIBIT B EXHIBIT C TABLE I LIST OF EXHIBITS BUTTONWOOD PRESERVE RPUD MASTER PLAN BOUNDARY SURVEY LOCATION MAP DEVELOPMENT STANDARDS BUlTONWQOD PRESERVE RPUD (2-7-06)clean.doc iii TRFPUD 17r . -_.~-~_._._-,--^~.~._---_.,- 17G STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the developer, to create a Residential Planned Unit Development (RPUD) of 220 units on 55:t acres of land located in Section 35 Township 48 South, Range 26 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Buttonwood Preserve RPUD. The development of Buttonwood Preserve RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to the GMP, Future Land Use Element (FLUE) and other applicable regulations for the following reasons: . 1. The entire 55:t acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the FLUE. The purpose of the Urban Residential Subdistrict is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of the Buttonwood Preserve RPUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 220 residential dwelling units are permitted within the PUD. 3. The Buttonwood Preserve RPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Buttonwood Preserve RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6_ The Buttonwood Preserve RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Buttonwood Preserve RPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabiiities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. , L ___ BUTIONWOOD PRESERVE RPUD (2-1-06)clean.doc IV TRFPUD . 17G 8. Objective 7 and its implementing policies 7.3 and 7.4 of the FLUE, encourage smart growth initiatives such as project interconnection and creation of walkable communities. The developer has explored project interconnection and it is not feasible for this infill project given the existing development to the south and east, and recent zoning to the west. The Buttonwood Preserve RPUD will provide an internal pedestrian network with connection to Tree Farm Road. which is consistent with FLUE Policy 7.4. 9. All final local development orders for this Project are subject to the Collier County adequate public facilities provisions of the LDC. BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc v TRFPUD 17G SHORT TITLE This ordinance shall be known and cited as the "BUTTONWOOD PRESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE". BUTfONWOOD PRESERVE RPUD (2-7-06)clean.doc vi TRFPUD 17G 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 the Buttonwood Preserve RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89"57'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED ;THENCE RUN SOUTH 02"17'13" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT FD10 OF VANDERBILT COUNTRY CLUB-2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 02"17'13" EAST ALONG THE WEST LINE OF SAID TRACT FD10, FOR A DISTANCE OF 669.14 FEET; TO THE SOUTHWEST CORNER OF SAID TRACT FD10; THENCE RUN SOUTH 89056'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10, A DISTANCE OF 1,322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02016'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN SOUTH 89"54'32" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02018'34" WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89057'23" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02016'23" WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89"57'23" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1,321.79 FEET BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc 1-1 TFRPUD -.-----.------.- "'-~---~-~ 1 -;}' 0 1.T .'" ';'''f THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 55.119 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 35 Township 48 South, Range 26 East Collier County, Florida. The site is generally located south east of the Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 mile east of Collier Boulevard. Access to the site is intended to be from Tree Farm Road. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 12.5' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 415 D, dated June 3, 1988, the Buttonwood Preserve RPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. The site has been altered extensively through past agricultural uses. Areas of native vegetation have been identified as Preserves on the Conceptual Master Plan. E. The soil types on the site generally include Pineda-Boca-Hallandale, This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the 951 Canal North Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Buttonwood Preserve RPUD is approximately 55.:!:, acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 220. The gross project density, therefore, will be a maximum of 4 units per acre. BUTTONWOOD PRESERVE RPUD (2~7-06)clean.doc 1-2 TFRPUD 17c SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Buttonwood Preserve RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Buttonwood Preserve RPUD will be developed as a residential community which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "An. A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be detennined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. TYPE ACREAGE Residential R1 R2 Single family / Two family Multi-family / Town home 9.57:t 11.64:l: Recreation Area ROW Lakes Buffers / Other Open Space Preserves 0.88:1: 5.73:1: 7.20:l: 6.53:l: 13.45:1: TOTAL ACRES 55:1: C. Access to the property shall be from Tree Fann Road. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. BUTIONWOOD PRESERVE RPUD (2-7-06)clean.doc 2-1 TFRPUD , '-'''---'-_..~--_.,--~ "._---~-~..,----,,----,..__....- .~..,.._"_..- 17C 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and the GMP in effect at the time of approval of the development order or orders to which these regulations relate. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this RPUD, these standards shall prevail over those in the LDC. B. Development pennitted by the approval of this PUD will be subject to the adequate public facilities provisions of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Buttonwood Preserve Conceptual Master Plan are part of the regulations which govem the manner in which the land may be developed. E. The subdivision requirements of the LDC shall apply to the Buttonwood Preserve PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the LDC. F. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall not be required to develop with a single dwelling unit type. 2,4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise approved by a deviation, either by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with the LDC. In compliance with the LDC, the developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Buttonwood Preserve RPUD. BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc 2-2 TFRPUD .; (J 11 , ., 2,5 DEVIATIONS FROM LDC A. Roadways within the Buttonwood Preserve RPUD shall be designed and constructed in accordance with the Construction Standards Manual and the LDC with the following substitutions: Streets and access improvements: 1. Street right-of-way width: Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be fifty (50) feet. 2. Dead-end streets: Cul-de-sacs may exceed a length of one thousand (1,000) feet. 2.6 USE OF RIGHTS-OF-WAY The developer may be allowed to place landscaping, sign age, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within private rights-of-way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD Master Plan as provided in the LOC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. 2,8 COMMON AREA MAINTENANCE Common area maintenance will be provided by the developer, or by a property owners' association. For those areas not maintained by the developer, the developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Buttonwood Preserve RPUO in accordance with the provisions of the LOC together with any applicable permits from the South Florida Water Management District. BUTrONWOOD PRESERVE RPUD (2.7-06)clean.doc 2-3 TFRPUD .~...~-_..~.."-.~,---.._"",---_.~~- ~__~W'_""'''___~_"_"__~_.._...,,.__..._._.._.._...._.._."_..,__._.__ . '--" 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Buttonwood Preserve RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3:1 Intemal to project 3: 1 3. Bulkheads 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Buttonwood Preserve RPUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30'). C. Fill storage areas in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Buttonwood Preserve RPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality residential units and related community features and facilities which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Buttonwood Preserve RPUD. General permitted uses are those uses which generally serve the developer and residents of Buttonwood Preserve RPUD and BUITONWOOD PRESERVE RPUD (2-7-06)clean.doc 2-4 TFRPUD . -~---------"~'--"'--'---'---._-._."------_.." -......-------------- 17G are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth in the LDC, which include but are not limited to water and sewer lines, telephone and cable services, electric transmission lines and the like. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4_ Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 5. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses through December 31, 2006, or until such time that the construction of infrastructure improvements commence in support of the residential development B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences/walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS The Buttonwood Preserve RPUD features a mix of residential dwelling unit types. A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS A minimum of 25% of the existing native vegetation shall be retained on-site_ Approximately 46.5 acres of native vegetation exists on site; therefore, a minimum of 11.6 acres of native preserve area shall be provided. The Master Plan has also provided for additional preserve areas in the form of native and re- created preserves totaling approximately 13.45:1: acres. 2349 2-5 lFRPUD -' --...----- 170, diLl 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. ButtONWOOD PRESERVE RPUD (2-7-06)clean.doc 2-6 TFRPUD 17r- l.. SECTION III RESIDENTIAL URfI 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "R", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 220 dwelling units may be constructed on lands designated "R", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.12 of this Document, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals. Residential tracts are designed to accommodate intemal roadways, open spaces, and other similar uses found in residential areas. 3.4 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. Principal Uses - "R1" Areas: 1. Single-family dwellings. 2. Two-family and duplex dwellings. B. Principal Uses - "R2" Areas: 1. Single-family dwellings, townhomes. 2. Two-family and duplex dwellings. BUTIONWOOD PRESERVE RPUD (2-7-06)clean.doc 3-1 TFRPUD _.._._'---_._-~~..._.._,._~-'~----~--,.._,_.._-".,- "7 G ....... III 3. Multi family dwellings. C. Accessory Uses and Structures: 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this subdistrict, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other recreational facilities. 6_ Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Buttonwood Preserve RPUO residential development area. B. Site development standards for single family, two-family, duplex, single- family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to parcel boundaries_ C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LOC in effect at the time of SDP approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. Unless otherwise noted in Table 1, all yards are measured from property lines. BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc 3-2 TFRPUD ----_.~.__.__.,_._.._~-_._-_._---" l?S TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Two Family Townhome Multi-Family STANDARDS Family and Duplex Detached Minimum Lot Area 5,000 SF 3,500 *2 1,400 SF 9,000 SF Minimum Lot Width *3 42' 35' 16' 90' Minimum Lot Deoth 100' 100' 88' 100' Minimum Yard *6 Principal Uses: Front 20' 20' 20' *6 20' *6 Side 6' 0' and 6' 0' and 6' *4 10' Rear 15' 15' 15' 15' Waterbodv 20' 20' 20' 20' Preserve 25' 25' 25' 25' Minimum Yard Accessorv Uses: Front 20' 20' 20' *6 20' *6 Side 6' 0' and 6' 0' and 6' *4 10' Rear 10' 10' 10' 10' Waterbodv 20' 20' 20' 20' Preserve 10' 10' 10' 10' Maximum Building Height 45 feet not to 45 feet not to exceed 3 exceed 3 35 feet 35 feet stories stories Minimum Distance Between Detached Principal Structures *5 12' 12' 12' 20' Floor Area Min. (S.F.l 1000 SF 1000 SF 1000 SF 750 SF AJI distances are In feet unless otherwise noted. *1 - Prindpal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into 8 drainage easement, with 8 minimum setback of 20 feet from lake control elevation. *2 - Each half of a duplex unit requires a lot area allocation of 3.500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot wldth may be reduced by 20% for cul--de-sac lots provided the minimum lot area requirement Is maintained. *4 - Zero foot minImum side setback on one side of building as long as a minimum 12 foot separation between principal structures Is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet If detached or 0 feet where attached garages are provided. Multi-famHy principal buildIngs shall be separated a mInimum of 20 feet and garages a minimum of 10 feet. .6 - Front entry buildIng garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet Vv'here the residence Is served by a side-loaded or rear entry garage. BUTIONWOOD PRESERVE RPUD (2-7-06)o1eon.doc 3-3 TFRPUD 1 """ ,;,. f"''f, . . l /, SECTION IV RECREATION I OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "Recreation". 4.2 GENERAL DESCRIPTION The approximate acreage of the recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals in accordance with the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Buttonwood Preserve RPUD residents and guests. 4.3 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. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to use by residents only. C. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Sales center. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet(15'). 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). BUTTONWOOD PRESERVE RPUD (2-7-06)c1"".doc 4-1 TFRPUD ~ 17G B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty-five (45') feet. D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). BUlTONWOOD PRESERVE RPUD (2-7-06)c1ean.doc 4-2 TFRPUD 1'1 if U SECTION V PRESERVE Up" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Buttonwood Preserve RPUO designated on the Master Plan as "P", Preserve. '5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LOC, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five (25) feet. 5,5 LANDSCAPE BUFFERS A. Where the LDC requires landscape buffers and preserve areas are shown, landscape buffers may consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of the LOC. Landscape buffers shall remain exotic free. BUITONWOOD PRESERVE RPUD (2-7-06)clean.doc 5-1 TFRPUD . . 176 I~"lf ~~ SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Buttonwood Preserve RPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All faciiities shall be constructed in accordance with the final SOP, final subdivision plats and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminarylfinal subdivision plat or SDP approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6,3 ENGINEERING Except as noted herein, all project development will occur consistent with the LOC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer faciiities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to all applicable County ordinances. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the County's potable water and sanitary sewer system shall be customers of the County. BUTTONWOOD PRESERVE RPUD (2-7-'06)clean.doc 6-1 TIRPUD , 1 '-, : l t; D. The developer shall reserve one area to be conveyed to Collier County Water and Sewer District for a raw water well easement 50 feet by 120 feet adjacent to Tree Farm Road. The approximate location of this easement is depicted on the RPUD Master Plan. The grant of the easement shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well site. At the time of the site development plan and/or plat submittal, the developers should provide this easement. 6,5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. An excavation permit shall be required for the proposed lakes in accordance with applicable County ordinances. All lake dimensions will be approved at the time of excavation permit approval. C. The Buttonwood Preserve RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD rezone application materials. 6.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above- mentioned plan. B. All approved agency (SFWMD, ACOE, FFWCC) permits, if applicable shall be submitted prior to final SDP/construction plan approval. C. This RPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. D. 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. 2349 6-2 TFRPUD , . 17G E. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. 6.7 TRANSPORTATION The development of this RPUD Master 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 shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points 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, final plat submissions, or by an approved developer contribution agreement. 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 approved. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc 6-3 TFRPUD . , . , f~ ~ ~ \.. 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. E. Road impact fees shall be paid in accordance with the Transportation Section of the County's Impact Fee Ordinance. 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 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. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee_ I. All intemal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities_ J. A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement (recorded at OR Book 3730, Pages 0876 - 0893 of the Public Records of Collier County, Florida) approved January 11, 2005, whereby the applicant has contributed (at no cost to the County) a 30 foot strip of land to be used as right-of-way for Tree Farm Road financial commitments in excess of $500,000 for the design and construction of Tree Farm Road (including sidewalks), an upgraded bridge at Collier Boulevard, and multiple turn lanes have been made by the developer. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements_ K. The developer shall donate an area 30 feet in width along the project's northern boundary, east of the project entrance, to Collier County for right- of-way purposes. The developer agrees to accept the storrnwater run-off from the right-of-way for that portion of Tree Farm Road east of the BUTTONWOOD PRESERVE RPUD (2-7-06)clc:an.doc 6-4 TI'RPUD , , 176 project entrance and treat the run-off within the project's water management system. 6.8 AFFORDABLE HOUSING Collier County and the developer of the Buttonwood Preserve RPUD have cooperated to address affordable housing impacts associated with the Buttonwood Preserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordabie Housing Trust Fund. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Subsection shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. BUTTONWOOD PRESERVE RPUD (2-7-06)clean.doc 6-5 TFRl'UD ", " -/ ~ Jd!) ! 'Iilll Ij'il !i!l "1,1- _OJ , I . ! ! ' ; .., !: n! _. ~ h & ~ 11 j ~ ~ q E ~ I ~ i;a II! ll~ !h 11.1!i ':: f~:;:Q II'i:-: "I I gg Iii i' f;l I - '" ;- ~ ~~ ~ I ~ ~ 11 ~ ~ ~! ~'" Q 'I j!=~ b ~ !C:!!! "tJ >" '" ! Vl> !"J I ~ ~ ~ ~ ~ 5 Z '" " 5 : .', I ';lill I ,~ Ii ! i" ill! n i Iii ;';1 I I II ;1 !, . :~... . Ii II · E iik~i ~ ! (! ! Hiiil I H i I ."ic: .a! Q" ;fi .1" g!2i~ ~. ;' Ii 8c .,,~~ c'~ c!!lt:: ~~ ,. ~ ! ~ ~ " Ii 8; ;:;!";lQc;'l .Ii ~ 0;; ~~~~~ ~ !i"''''C\: ?i , ~~S~ ~ d~ , ~ ... g~~~ .' ~ .- c~;;;i: ~. '00 . ~~r ~ -, ~ R . ~ . ~ Ii . c ~ " . m ~ ~ '" '" , ~ N .. g:;: Ii g~~ 0' g~ , 3 , , ~ , , , , Ii ac "! .~~ a~~ "0 , ~ ii t' , ii I' , i' Ii ~lfl In;! ~.~~__.;-~-..,;;;-;-~-~.7"_ ...................;........... Ii !?8 ~g '0 ~~ ~ !I .. !i 'I ~ gj ;!?~ gi; i~~ Ii . 0.0.1i....1. .IUU'II'''.~i~II.I''I-- I II 1111111' ,,1111 II Ii i ;.;; .... .. . I' ,,,,,,~~qlir:'I"IIII";;; ! d!! II ili Ii I i'ill' i!11 ~!I'lill'llml!llIIIGIII!I!'IIII. II I I IIII II IlIiillll! I II I 'I 1.10 III' ..I I~",I' II",,'; "1'1"111" II I ' : : 'I jP11 "1111 i 'II 'le~'!I'l: I " I,~i 11~;,I, ~ I iil' i : 11:1.: II'i",1-I11 'r,,'i!.l~'iIj1~g... I ! 11Iil i! I!IIPjIII ill ~I~lll'ililliill'lll~ilil!!dl,:il: ~! :: !II' II i I, I f' ~'.l, ~,~.~3' 'I"" .. I. i ! I! jl,' I; iiI'" ii!!!Il!ii'~I*,j!i~i~' -...-,::.-::'"..- l~ I I I III IIIU,,", 'l'III,NII'!!111 :t " Ii! I. II ~:ii!i~~J~ I ~H i; I bM>\\'il'~t,l~ ! I ~,----,_:----- ~ 11 h -; : ~ i ..' I ;1 11m' I ~ :: ':1' 'Ill III t Ii I" ~ ..t.-J I.. ......---. !I' ~ 1,1 i ).., I: .~ ~I 'Ill ii' ~ Sql-l ",. ! I I..'" __.__~.- P l ! i 1 I I , I , , I , , , I , , , I , , ! I I I i! I I I i I !h ii 111!i! Ii I:Im ii Ig ; t I ~ il , ! q"~ ~ ,~I" i lii~ ~ I,~~ :8 ~ ll~~ ~ ~ i ~~ ~ ? I"il '" E lI~ig i1 I, I i3 ili ... , ' I:~ .0< ,! i -z- I ?s ifl " ~ I~.I II~ t: ~~ii il!ll ill IIIi' - , , . - -- "-- :;II~ "'I II J I I I '!l =11 '! I .. I,' . 1'1 !\ - ~ i~ i ,il l!~* Id' 'tl It,l ,I Ih' " I 1i,I II , .. il , , I I , . , "' ~ iI ; I U , I " " q ;. 'i'l . ", i, ! Ill: tt.'~ II ,t~' I.i' ij,l I! " .. ~- liil' ~I . ilIa rllJ ; _~.:.:-~vo " ., --- I 1,- 1111 I I' ,~ , :.11 t !- ~ ~ , . BUTTONWOOD PRESERVE RPUD LOCATED IN SECTION 35, TOWNSHIP 48. RANGE 26, COLLIER COUNTY, FLORIDA IMMOKA EE ROAD C.R.846 :n. CRYSTAL I en\ LAKE \, 29 ~ II 20TH AV N,W'. 28 27 26 25 I << > 18TH AV N.W', W ...J '" 0 0:: \ \ w :J 14TH AV N.\{. 34 ...J ITE \ 0, \ 32 ul WOLFE RD \ 0:: 12TH AV N.I,J. 33 !-. 36 Vl! \ N\{. \ 35 >-\ AV W' 10TH Vl' \ Vl\ <<, VANDERBILT BEAC RD EXTENSION ::0' I I ~ 7TH AV NW 7TH AV NW VINEYARDS 5TH AV NW 5TH AV NW IZ 4 3 5 ,<< 2 1 Ie..? 0 3RD AV NW 3RD AV NW ...J 1ST AV NW 1ST AV NW C- OLDEN 1ST AV SW 2ND AV SW 4TH AV sw 11 12 9 AV W EXHIBIT C LOCATION MAP N.T.S. ,17;:; .I.", March 19,2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2006-AR-8997: The Buttonwood Preserve PUD Dear Legals: Please advertise the above referenced notice on Sunday, April 8, 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 # 113-138312-649110 17',,: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, April 24, 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 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 SUBJECT REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD LOCATED SOUTH EAST OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY 0.7 MILES EAST OF COLLIER BOULEVARD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 55 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2006-AR-8997, Elias Brothers Communities Two, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P_A_, and Richard Yovanovich, Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for 220 single-family and multi-family residential units for a project known as the Buttonwood Preserve RPUD. The subject property, consisting of 55 acres, is located south east of Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 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_ 17 6 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 Co.\!PtyofCollier CLERK OF 'fHEGlRCQIT COURT COLLIER COUNTY QaURTl\OUSE 3301 TAMlAMI TJ,iAIL EA<ST P.O. BOX4~'~044 \ NAPLES, FLORIDA '~~101-3d44 '" \'.;J 17G Clerk of Courts Accountant Auditor Custodian of County Funds March 19,2007 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-8997; The Buttonwood Preserve PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~O(_ Ann JennejoM, () Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.f1.us Dwight E. Brock Clerk of Courts COl.!ptyofCollier CLERK OF THEClRCUIT COURT COLLIER COUNTY qoURTFf,OUSE 3301 TAMlAMI T~IL EA'ST P.O. BOX 4f'~044 \ NAPLES, FLORlDAWOI-3044 Vi' I 17{; Clerk of Courts Accountant Auditor Custodian of County Funds March 19,2007 , ,.,-:; / Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, FL 34119 Re: Notice of Public Hearing to consider Petition PUDZ-2006-AR-8997; The Buttonwood Preserve PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 8, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK n.uu. ~OC Ann JenneJ~, G Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk~clerk.collier.fl.us Ann P. Jennejohn 1.76 To: Subject: legals@naplesnews.com PUDZ-2006-AR-8997 The Buttonwood Preserve PUD Attachments: PUDZ -2006-AR-8997 .doc; PUDZ --2006-AR-8997 .doc Hi, Please advertise the attached on Sunday, April 8, 2007. Thank you, PUDZ-2006-AR-899 PUDZ--2006-AR-89 7.doc (24 KB) 97.doc (25 KB)... Ann Jennejohn Clerk to the Board Minutes & Records Department 774-8406 (ann.jennejohn@ clerk. coil i er. f I.us) 1 l?C Ann P. Jennejohn From: Sent: To: Subject: Clerk Postmaster Monday, March 19, 2007 1 :34 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT868749.txt; PUDZ-2006-AR-8997 The Buttonwood Preserve PUD 1":":..':;'1 ~ 1'~.'.7'.."1 L::J ATT868749.txt (2298) PUDZ-2006-AR-899 7 The ButtonwQ". 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-8997 Page 1 of 1 Teresa L. Polaski Ire From: Sent: To: Perrell, Pam [paperrell@naplesnews.com] Tuesday, April 03, 2007 10:40 AM Teresa L. Polaski Subject: RE: PUDZ-2006-AR-8997 OK (Guess Becky for90t to confirm) From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.coIlier.fi.us] Posted At: Tuesday, April 03, 2007 9:58 AM Posted To: Legals Conversation: PUDZ-2006-AR-8997 Subject: PUDZ-2006-AR-8997 Legals, I am just checking to make sure you have this ad to run on Sunday April 8, 2007. I am not showing an "OK" reply was sent. If you do not have it let me know and I will resend it. Thank you Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. Jfyou do not 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. 4/3/2007 NAPLES DAILY NEWS Published Daily Naples. FL )~ I 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personally appeared Phil Lewis. who on oath says that they serve as the Editor of the Naples Daily. a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the ad\'crlising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE \vas published in said newspaper I time in the issue on. April 8'" 2007 Ailiant furtha says that the said :,\Tapks Dail:- "\-.;:\\s is a newspaper published at Naples, in said Collier C,mnlY. Florida. and that the said nc"spaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties or Florida. "ach day and has been enter..::d as second class mail mancr at the post o!1ic:e in \'apks_ in said Cnllier County. Florida, ror a period \'1' ] year nnt preceding the I1r51 publication oflh..:: atr.ach,'r! ~'opy of adn:rtiscmcnl: and alliant further says that he has neither paid nor promised any person. linn or eorpuration any discount. rchat.:: commission or re!hnd forthe purpose of securing this 3dvcrLiscment for pHon en t:"'''idn~ ( Signature of affiant) S\vorn to and subscribed be [ore me This 8th D:" of April 20()7 ,/. ~ / Cl-- '}';'~-<;/ C._ ,: (-Signat re of I;otary J1f;b-liC) ~Jj ~ (,?L, /'Gor..:./ .~ "'I!;i .~ i ~. :V .;...-..... - " ~ .'~, .- Ibx:y-. ',{!$i.-a ~'m&t!8Slllf. _ _ "',<;",':' , JrnylR.2I1ll1 '",,-,',',,'" .,;.."...I...."."/Wl':)'."'J:~~.._ :j ~~ Notice Is herebY given that bnTOESOAY. April 24; 2007, lnthe Board- room, 3rd Floor Admin- Istratlon' Bulld(nG. Col- lier County' Government Center, 3301 East ,Tamla- mI Trail, Naplea. florida. the Board, of County commilsloners Will c0n- sider the .,.actrnent of a County. Ordlnan,ce. The. meIUn._ will com. mence at 9:00 A.M. The tttle of the PrOI~ Or- dinance It IS (QIIqwtl AN ORDINANCE Of THE BOA.RDOF','CO_UNTY COMMISSIOt.lERS OF COLLIER COjUNTY. FLOlItDA AMBG OR' DINANCE",' 2004. 41, AS A~ D , fflE COLLIER COUN.TV L""D DtV,ElOPiMENT conE WHICH INCLUDES THE COMPRf:HENSIVE ZON- ING REGiM, LAT.I .NS, FOR WA-- ~W!P. TV, FL&f.t '. ,,~ INO THE APPROPRIATE IONtN:G. ATLAS MAP OR MAPS BY CflANGING THE ZONtNG CLASSIFI- CATION OF-lHE SUBJECT REAL' PROPERTY. FROM THI! AllRlClItTURAL (A) ZQNHtll DISTRICT TO RESIDEIITlAL 'PLA...NIOD UNIT DEVElOPMENT (,RPtlO) ZONtN.. .DlS- TRteT l'OR A PROJECT KNOWN AS THE BUT. TON-WOOD PR-ESl'RVI RPlID LOCATal SOUTH E.m'.DFIMMO~ fIff, '.' CRm~ (CR .St :irrilf... ON T '. . AD AP- ""7 MILES E"O 'COtLIER AIlIl, "'. SECTION 35.-'-oWNSfHP 48 sllIMi, RANGE 26 WT, eOl,UER COU.Nn, FLORIDA7 CO....ISTlNG OF 55 + - ACRESt.AND ~1ll!lN.!;A" !F- Pl)DZ~2"'~AA."!)7 , ,((,,'r.~commu' ntt,qTwoL,)nc..:. ,.pre. SOI)le<IbL"'........,. Ar- ndld"AIt;P.ot 0: ,Grady MlftOr,:""t!I':....CI4US, P.A, ..-I ,Yova- noVfch,:. '. Cole- man and Johnson, P.A., requesting arez,one from the Agricultural IA}t.n"1lfft.. t-" Rest ..' .'.' Ontt Develo . In1. ,FlP . ) zon. ',ng~.strlC. I, ,or'!l.o ='=l~~'ti; for,_ prolect,:knOWl!f'U Ih," B,q,~ ~nw, OoQd Pre- serve 1W"D-. ,The sub. ~~.."i~ SOU, .... O,fl~"'. ,... 0"-<1 JU', dC<>lI1I"""r 8ouleliaNt'lnt8f'Jecton Q"T~ M;' .. .B.ct ap- PtOidi"i', v:(f.7 miles entot. liter',B-o-ule- ,vard,.l~,s&CtfQn 35. TownltHp 48. SOllth. RJft'ge 26 East, Collier COunty, Florida. 1?r: f.,-l COp'les of th8_,Pi'c!poS'Jo<l Ordlnanc:.'""",-"O",' I~I wllh Ihe Ctot'!< to 'the Boord enete.. lMiIi<IIlle ",,=tn ',_ 'Alt,~11n.,\!; e$ted .' are -B;ffl~'" 10 ...-I.be_ NO~,.:,A1tl!\l~.~wt~ .-.; ....n~IS. ter ~~- IO~.. Item '. .~s~; Indlv al spea1c8rs ..~" be IImtted to 5 minutes on any Item. The selec. tlon of an Individual to speak on peh,lf of an !fII~_1o e . , " tr,!<P" ~r, ..,~a., a . s",ke...r.-oit::- f~' group or ,!)riIl."', t " maylJe ellott.t ~O.' n- ~~..to IPe~-~an _ ;wtsbtnQ...,.- _....or""'t'1\I&- terlMS InctU(ted in the Board. ag'nd..~ckets mU'st IUbriitt',:"ld ma~ terlal' a minimum of 3 weekS prior 'to the reo sp-ectlve p!Jbl1c hearing. In any case. written. ma. terlals Intended to be considered by the -Board shall be suDmlftedto the appropriate. Cou.nty staff a rntnIn'itmt-of sev. en ,days 'prior to the ""bit' heotln.: .It-.. terlal use<I 'n' __. tlO", before the, Board wilt become a . perma. nORlparloft!<t~ Any penGn Wha de<:ldes ~a-_lJlon. of ",. ~ee<Bre.- of, Illl pertalntflQ-. eto and thereto...; mlY need' to ensure that. a verbatim record of the procl....eed. ]ngl Is made.' Wh "'" reo cord Ine'" the testl. mony and' evidence upon which the appeal Is based. . BOARD OF COUNTY OOMM1~0NiR5: ' -- COUIER COUNTY, FLORIDA James ,Coletta, CHAIR. ~~OHT E. BROCK. CLERK By: Ann Jennelohn, Dep. uty Clerk (SEALl Acr.8 No. 1541935 l?G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand ~elivcred 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 shmature, draw a Hne throulZl routinl! lines #1 throue:h #4, cOffiolete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routine order) 1. Judy Puig CDES Administration ~ r 4/d5/07 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 CQntact 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 infonnation. 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 Michael J. DeRunt:z, C.F.M., Phone Number 403-2416 Contact Principal Planner, Zoning and Land Dev. Review Agenda Date Item was April 24, 2007 Agenda Item Number 17G Approved by the BCC Type of Document PUDZ Ordinance (f~97) Number of Original I Attached d'OO'l 1.- Documents Attached 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 ossibly 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 ofthe document or the final ne otiated contract date whichever is a lieable. 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 arc an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some 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 4/24/07 (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 Iieable. ~. 17& ORDINANCE NO. 07 --42-- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 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 SUBJECT REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD LOCATED SOUTH EAST OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY 0.7 MILES EAST OF COLLIER BOULEVARD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 55 :!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICp of Q. Grady Minor & Associates p.A. representing Elias Brothers Communities Two, Inc., petitioned the Board of County commissioners to change the zoning classification of the subject real property known as petition pUDZ-2006-AR-8997. 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 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District in accordance with the Buttonwood Preserve RPUD Document, attached hereto as Exhibit" A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO; This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this ;;2..4 day of (J.~ ,2007. PUDZ-2006-AR-8997 Page 1 of2 Ordinance ATTEST: DWIGHT E. BROCK, CLERK ;~G, 'tt,CC~~(1 fi:- :Attest cs to- maIfI:mY <l:LERK - s.i\lRlltutIlQl>1' . Appro\\edas to form and legal sufficiency 176 ''''f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Marj ie M. Student-Stirling Assistant County Attorney PUDZ-2006- AR -8997 /MD/sp PUDZ-2006-AR-8997 Page 2 of2 Ordinance 17S BUTTONWOOD PRESERVE A RESIDENTIAL PLANNED UNIT DEVELOPMENT 55:t Acres Located in Section 35 Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: ELIAS BROTHERS COMMUNITIES TWO, INC. 1500 Collier Boulevard Naples, Florida 34119 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947-1144 (239) 947-0375 Fax and GOODLETTE COLEMAN AND JOHNSON, PA 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435-3535 (239) 435-1218 DATE FILED DATE APPROVED BY CCPC DATEAPPROVEDBYBCC AJ;>cil :>4. :>007 ORDINANCE NUMBER ?007-Ll? EXHIBIT "A" 17G TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV RECREATION 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 11 EXHIBIT A EXHIBIT B EXHIBIT C TABLE I LIST OF EXHIBITS BUTTONWOOD PRESERVE RPUD MASTER PLAN BOUNDARY SURVEY LOCATION MAP DEVELOPMENT STANDARDS Buttonwood Preserve RPUD ~ AR-8997(3-23-07).doc 111 TRFPUD 17G .", 17G STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the developer, to create a Residential Planned Unit Development (RPUD) of 220 units on 55:t acres of land located in Section 35 Township 48 South, Range 26 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Buttonwood Preserve RPUD. The development of Buttonwood Preserve RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to the GMP, Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. The entire 55:t acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the FLUE. The purpose of the Urban Residential Subdistrict is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of the Buttonwood Preserve RPUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 220 residential dwelling units are permitted within the PUD. 3. The Buttonwood Preserve RPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Buttonwood Preserve RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Buttonwood Preserve RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LOG), Residential Planned Unit Development District. 7. The Buttonwood Preserve RPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Buttonwood Preserve RPUD - AR-8997(3~23-07).doc tV TRFPUD 17G f '~ 8. Objective 7 and its implementing policies 7.3 and 7.4 of the FLUE, encourage smart growth initiatives such as project interconnection and creation of walkable communities. The developer has explored project interconnection and it is not feasible for this infill project given the existing development to the south and east, and recent zoning to the west. The Buttonwood Preserve RPUO will provide an internal pedestrian network with connection to Tree Farm Road, which is consistent with FLUE Policy 7.4. 9. All final local development orders for this Project are subject to the Collier County adequate public facilities provisions of the LOC. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc v TRFPUD 17G SHORT TITLE This ordinance shall be known and cited as the "BUTTONWOOD PRESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE". Buttonwood Preserve RPUD - AR-8997(3-23-07).doc VI TRFPUD 17G 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 the Buttonwood Preserve RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89057'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED ;THENCE RUN SOUTH 02017'13" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT FD10 OF VANDERBILT COUNTRY CLUB-2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 02017'13" EAST ALONG THE WEST LINE OF SAID TRACT FD10, FOR A DISTANCE OF 669.14 FEET; TO THE SOUTHWEST CORNER OF SAID TRACT FD10; THENCE RUN SOUTH 89056'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10, A DISTANCE OF 1,322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02016'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN SOUTH 89054'32" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02018'34" WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89057'23" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02016'23" WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89057'23" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1,321.79 FEET Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 1-1 TFRPULJ l?G THE POINT OF BEGINNING OF THE PARCEl OF LAND HEREIN DESCRIBED, CONTAINING 55.119 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 35 Township 48 South, Range 26 East Collier County, Florida. The site is generally located south east of the Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 mile east of Collier Boulevard. Access to the site is intended to be from Tree Farm Road. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 12.5' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 415 D, dated June 3, 1988, the Buttonwood Preserve RPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. The site has been altered extensively through past agricultural uses. Areas of native vegetation have been identified as Preserves on the Conceptual Master Plan. E. The soil types on the site generally include Pineda-Boca-Hallandale. This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the 951 Canal North Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Buttonwood Preserve RPUD is approximately 55.:!: acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 220. The gross project density, therefore, will be a maximum of 4 units per acre. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 1-2 TFRPUD l?C SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Buttonwood Preserve RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Buttonwood Preserve RPUD will be developed as a residential community which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. TYPE ACREAGE Residential R1 R2 Single family / Two family Multi-family /Town home 9.5H 11.64:t Recreation Area ROW Lakes Buffers / Other Open Space Preserves 0.88:t 5.73:t 7.20:t 6.53:t 13.45:t TOTAL ACRES 55:t C. Access to the property shall be from Tree Farm Road. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 2-1 TFRPU() 17G 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and the GMP in effect at the time of approval of the development order or orders to which these regulations relate. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this RPUD, these standards shall prevail over those in the LDC. B. Development permitted by the approval of this PUD will be subject to the adequate public facilities provisions of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Buttonwood Preserve Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The subdivision requirements of the LDC shall apply to the Buttonwood Preserve PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the LDC. F. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall not be required to develop with a single dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise approved by a deviation, either by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with the LDC. In compliance with the LDC, the developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Buttonwood Preserve RPUD. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 2-2 TFRPUD 17~ 2.5 DEVIATIONS FROM LDC A. Roadways within the Buttonwood Preserve RPUD shall be designed and constructed in accordance with the Construction Standards Manual and the LDC with the following substitutions: Streets and access improvements: 1. Street right-of-way width: Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be fifty (50) feet. 2. Dead-end streets: Cul-de-sacs may exceed a length of one thousand (1,000) feet. 2.6 USE OF RIGHTS-OF-WAY The developer may be allowed to place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within private rights-of-way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD Master Plan as provided in the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by the developer, or by a property owners' association. For those areas not maintained by the developer, the developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Buttonwood Preserve RPUD in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. Buttonwood Preserve RPUD ~ AR-8997(3-23-07).doc 2-3 TFRPUD 17G .I"lf ''1 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Buttonwood Preserve RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3:1 Internal to project 3: 1 3. Bulkheads 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Buttonwood Preserve RPUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2: 1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30'). C. Fill storage areas in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Buttonwood Preserve RPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality residential units and related community features and facilities which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Buttonwood Preserve RPUD. General permitted uses are those uses which generally serve the developer and residents of Buttonwood Preserve RPUD and Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 2-4 TFRPUD 17G are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth in Section 2.01.03 of the LDC, which include but are not limited to water and sewer lines, telephone and cable services, electric transmission lines and the like. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 5. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses through December 31, 2006, or until such time that the construction of infrastructure improvements commence in support of the residential development B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences/walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS The Buttonwood Preserve RPUD features a mix of residential dwelling unit types. A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS A minimum of 25% of the existing native vegetation shall be retained on-site. Approximately 46.5 acres of native vegetation exists on site; therefore, a minimum of 11.6 acres of native preserve area shall be provided. The master plan has also provided for additional preserve areas in the form of native and re- created preserves totaling approximately 13.45:t acres. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 2-5 TFRPUD 17G 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 2-6 TPRPUD 17G SECTION III RESIDENTIAL "R" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "R", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 220 dwelling units may be constructed on lands designated "R", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.12 of this Document, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals. Residential tracts are designed to accommodate intemal roadways, open spaces, and other similar uses found in residential areas. 3.4 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. Principal Uses - "R1" Areas: 1. Single-family dwellings. 2. Two-family and duplex dwellings. B. Principal Uses - "R2" Areas: 1. Single-family dwellings, town homes. 2. Two-family and duplex dwellings. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 3-1 TFRPUD l?r 3. Multi family dwellings. C. Accessory Uses and Structures: 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this subdistrict, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gate houses, and access control structures. 5. Community and neighborhood parks, boat docks and other recreational facilities. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Buttonwood Preserve RPUD residential development area. B. Site development standards for single family, two-family, duplex, single- family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. Unless otherwise noted in Table 1, all yards are measured from property lines. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 3-2 TFRPUD 17G TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "Rn RESIDENTIAL AREAS PERMITTED USES AND Single Two Family Townhome Multi-Family STANDARDS Family and Duplex Detached Minimum Lot Area 5,000 SF 3,500 *2 1,400 SF 9,000 SF Minimum Lot Width *3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' Minimum Yard *6 Princioal Uses: Front 20' *6 20' *6 20' *6 20' *6 Side 6' 0' and 6' 0' and 6' *4 >10' Rear 15' 15' 15' 15' Waterbodv 20' 20' 20' 20' Preserve 25' 25' 25' 25' Minimum Yard Accessorv Uses: Front 20' *6 20' *6 20' *6 20' *6 Side 6' 0' and 6' 0' and 6' *4 >10' Rear 10' 10' 10' 10' Waterbodv 20' 20' 20' 20' Preserve 10' 10' 10' 10' Maximum Building Height 45 feet not to 45 feet not to exceed 3 exceed 3 35 feet 35 feet stories stories Minimum Distance Between Detached Principal Structures *5 12' 12' 12' >20' Floor Area Min. (SF) 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. *1 _ Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement, with a minimum setback of 20 feet from lake control elevation. "2 _ Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 _ Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 _ Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 _ Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. '"6 _ Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 3-3 TFRPUD l?G SECTION IV RECREATION / OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "Recreation". 4.2 GENERAL DESCRIPTION The approximate acreage of the recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals in accordance with the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Buttonwood Preserve RPUD residents and guests. 4.3 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. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Incidental personal services such as A TM, laundry drop-off, mail kiosk, and other services limited to use by residents only. C. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Sales center. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (15'). 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). Buttonwood Preserve RPUD - AR-8997(3-23~07).doc 4-1 TFRPUD 17G B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty-five (45') feet. D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Buttonwood Preserve RPUD - AR-H997(3-23-07).doc 4-2 TFRPUD 176 SECTION V PRESERVE UP" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Buttonwood Preserve RPUD designated on the Master Plan as "P", Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LDC, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five (25) feet. 5.5 LANDSCAPE BUFFERS A. Where the LDC requires landscape buffers and preserve areas are shown, landscape buffers may consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of the LOC. Landscape buffers shall remain exotic free. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 5-1 TFRPUD 17G SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Buttonwood Preserve RPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final SDP, final subdivision plats and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or SDP approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING Except as noted herein, all project development will occur consistent with the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to all applicable County ordinances. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the County's potable water and sanitary sewer system shall be customers of the County. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 6-1 TFRPUD I?G D. The developer shall reserve one area to be conveyed to Collier County Water and Sewer District for raw water well easement with dimensions 50 feet x 120 feet adjacent to Tree Farm Road. The approximate location of this easement is depicted on the Master Plan. This conveyance/dedication shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well site. At the time of the SDP and/or Plat submittal, the developers should provide the well site easement that meets the standard setback requirements for water wells. 6.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. An excavation permit shall be required for the proposed lakes in accordance with applicable County ordinances. All lake dimensions will be approved at the time of excavation permit approval. C. The Buttonwood Preserve RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD rezone application materials. 6.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above- mentioned plan. B. All approved agency (SFWMD, ACOE, FFWCC) permits, if applicable shall be submitted prior to final SDP/construction plan approval. C. This RPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. D. 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. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 6-2 TFR PU D l?r; E. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. Soil sampling results will be required at the first SDP or plat and plans submittal, as the case may be, following the adoption of the rezone ordinance if a Phase One Environmental Analysis suggests potential for soil contamination. If soil sampling is required, the applicant shall utilize a qualified soil testing service in conjunction with Staff to determine the appropriate parameters for soil sampling. Mitigation required shall be approved by appropriate agencies prior to SDP/PPL approval. A copy of the analysis will be forwarded to the EAC members. 6.7 TRANSPORTATION The development of this RPUD Master 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 shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points 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, final plat submissions, or by an approved developer Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 6-3 TFRPUD 17G contribution agreement. 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 approved. 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. E. Road impact fees shall be paid in accordance with the Transportation Section of the County's Impact Fee Ordinance. 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 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. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement (recorded at OR Book 3730, Pages 0876 - 0893 of the Public Records of Collier County, Florida) approved January 11, 2005, whereby the applicant has contributed (at no cost to the County) a 30 foot strip of land to be used as right-of-way for Tree Farm Road financial commitments in excess of $500,000 for the design and Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 6-4 TFRPUD 176 construction of Tree Farm Road (including sidewalks), an upgraded bridge at Collier Boulevard, and multiple turn lanes have been made by the developer. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. K. The developer shall donate an area 30 feet in width along the project's northern boundary, east of the project entrance, to Collier County for right- of-way purposes. The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system. L. The developer, or successors and assigns, shall provide a stabilized emergency access connection, meeting local fire prevention code criteria, from the terminus of the southernmost cul-de-sac to the primary internal roadway. The general location of this access connection is shown on the conceptual RPUD Master Plan and the specific location shall be determined at the time of SDP or plat approval as applicable. M. Residential Certificates of Occupancy shall be issued by Collier County only after substantial completion of roadway improvements presently under construction at the time of RPUD approval for the following roadway segments: Immokalee Road from east of 1-75 to Collier Boulevard, Collier Boulevard from Golden Gate Boulevard to Immokalee Road and Vanderbilt Beach Road from Livingston Road to Collier Boulevard. Substantial completion shall be defined as the travel lanes being open for public use. 6.8 AFFORDABLE HOUSING Collier County and the developer of the Buttonwood Preserve RPUD have cooperated to address affordable housing impacts associated with the Buttonwood Preserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Subsection shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. Buttonwood Preserve RPUD - AR-8997(3-23-07).doc 6-5 TFRPUD 17G 6.9 PLANNING A. The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. 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II I .~ ).! i~ .~ ! ;l ~ ~ :: ;; Ilil ~~ , ~-I!,;~~ lS': t\ ~~ l?G BUTTONWOOD PRESERVE RPUD LOCATED IN SECTION 35, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA I - NI/:;- - 01 (L <(! > Wi --!I ::J, 0\ ......__..........JDj C RYST AL LAKE , .1 , :J ')9 \ 20TH +-- AV ~~IBTH AV [JI~-A'I 0\ 14TH AV 01 32 I, 12TH AV D\ 10TH AV q IMMOKAf-EE ROAD C.R,846 en \ mi 0::\ 01 ~ N.I",!, 28 27 25 N,V, "' "- 7TH AV NW 7TH AV NW 0 > --! VINEYARDS CD 5TH AV NW 5TH AV NW z 4 -z 5 <( J 2 1 (9 0 3RD AV NW 3RD AV NW N.W', ! I I N.W'. \ I N\oI. I I I :)3 a::: I Wi ::J --! 0' CO WOLFE RD l <;L ITE 35 36 =:J I VANDERBILT BEACI;1 RD EXTENSION C> 9 TH AV SW J 11 12 EXHIBIT C LOCATION MAP N.T.S. 17G 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 2007-42 Which was adopted by the Board of County Commissioners on the 24th 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 26th day of April, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ 1JeJ/'.r ~(, By: Ann Jennejohn, Deputy Clerk