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)
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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."
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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
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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
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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
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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
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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
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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-
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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)
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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
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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
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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
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April 24, 2007
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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.
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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)
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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
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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
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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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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
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Collier County, Florida
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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
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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
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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
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FY2007 Action Plan
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Collier County, Florida
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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
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FY2007 Action Plan
6
Collier County, Florida
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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
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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
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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
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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
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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
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Collier County, Florida
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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
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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
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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
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Collier County, Florida
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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
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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 ~-
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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
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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
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Expected Completion Date:
12/31/2008)
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@ 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
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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:
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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
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- ----
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
....
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Gl Gl
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Gl Q.
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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
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o
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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
..
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Accompl. Type:
Accompl. Type:
Accompl. Type:
Accompl. Type:
I "
Proposed Outcome
05L Child Care Services 570.201(e)
,_' n, ""__..,__..
Matnx Codes
. '
· i Matrix Codes
"' ' " ,
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"~"n ",',
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Fund Source:
,
...,
~
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. -- ,,_ __ 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 ,_ _
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.
-.. - '---
III
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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
, ", ",' ",' ,
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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
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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
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tl=
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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
,-
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..., ~ 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
..
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Fund Source:
f
Fund Source:
Fund Source:
04 Households
25 Accompt. Type:
Accompt. Type:
Project (7)
1
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~
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---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
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I VI
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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
"~
~
~
~
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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 --,__,_ _ __ _ __ ___
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...
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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
...
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GI GI
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i';
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e 0
a. u
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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, ,,_ , ,..,
...'
,
,
...,
~
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III
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...
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... 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
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1:;=
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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
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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
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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
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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
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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
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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
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1
,
:\\.\ENTO,..
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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
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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...
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"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 ' ,., ,
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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
~ :
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Collier County, Florida
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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
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FY2007 Action Plan
5
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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- .,.-----.---
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FY2007 Action Plan
6
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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
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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
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.,
!
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.
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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.
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3. Housing Objectives 2007-2008
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Collier County, Florida
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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
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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
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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
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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
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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).
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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
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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
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4. Homeless Prevention
Coilier County, Florida
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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
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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
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5. Community Development & Special Needs
Collier County, Florida
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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
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Collier County, Florida
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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
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Collier County, Florida
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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
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!.
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
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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
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204 new affordable units
Select ane:
Priority Need Cateaorv
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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_
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204
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03 Public Facilities and Improvements (General) 570.201(c)
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---------------~,--_.._- -- Actual Amount
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>- -- ----------- Actual Amount
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III 10 Housing Units . Proposed Units
..
III __m______ .-. Actual Units
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oo-------- Actual Units
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$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
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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
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Pro Dosed Outcome Performance Measure Actual Outcome
74 units improved
148 Rehab; Multi-Unit Residential 570.202 "" i Matrix Codes ,
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. --. . . .. .. ...
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- -.-._--oo - -- ------
.. Actual Amount Actual Amount
III ProDosed Amt. Proposed Amt.
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> .. .. ------ Actual Amount - -- Actual Amount
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~ 10 Housing Units . 74 Accompl. Type: .
Cl ....--- Actual Units - Actual Units
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a.
--- ---.-------- ~ Actual Units ---- Actual Units
CPMP Version 2 0
Grantee Name: Collier County
Project (2)
1
CPMP
CPMP Version 2 0
BB
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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
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Construction of 15 new
housing units
03K Street Improvements S70.201(c)
, .. .
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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--.. . ... - - -.. ..... . ...... . . -..
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" Proposed
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15
AccompL Type:
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.. Proposed
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Accompl. Type:
AccompL Type:
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.. Actual Amount
III Pro Dosed I!.mt.
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Proposed Amt.
Actual Amount
PrDDosed Amt.
Actual Amount
Proposed Units
Actual Units
Pro nosed Units
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1
CPMP
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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
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- .~ Underway
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240
-- -- --
Accompl. Type: . Proposed
n____ -- Underway
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Accompl. Type: . Proposed
---- -------- Underway
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---- Underway
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Performance Measure
Actual Outcome
Pro Dosed Outcome
OSL Child Care Services 570.201(e)
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... Proposed Units
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ProDosed Units
Actual Units
240
Accompl. Type: ... Proposed Units
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AccompL Type: . Pro Dosed Units
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Project (4)
1
CPMP
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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-
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... Proposed Accompl. Type:
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... Proposed
-- Underway
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... Proposed
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21A General ProgramAd~j~~_~~~_ati?_n 570.206 _ _ .. J Mat~ix Codes
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... COBG . Pro Dosed Amt. $441,894 Fund Source: .
.. Actual Amount -----
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Project (5)
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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
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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
.....
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..... , Proposed 51
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..... Proposed
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III Proposed Amt. $105,000 Proposed I!.mt.
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Project (6)
1
CPMP
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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~_ _
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--
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- - Underway
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04 Households
......
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31F Tenant based rental assistance
, .- .
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e 04 Households ..... Proposed Units
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Matrix Codes
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AccompL Type: ..... Proposed Units
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Project (7)
1
CPMP
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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
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Accompl. Type:
.. Proposed
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Complete
.. Proposed
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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
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n _~_
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Pro Dosed Amt.
Actual Amount
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Actual Units
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..
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-
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-
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Proposed Amt.
Actual Amount
Proposed Amt.
Actual Amount
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Actual Units
ProDosed Units
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....
--.-----------'
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
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Accompl. Type:
~ Proposed
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... Pro Dosed
Underway
Complete
... ' Proposed
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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.
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f! Accompl. Type: ... Proposed Units Accompl. Type: ...
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0
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~ __ ___.----J H.~
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Project (9)
1
... Proposed
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... Proposed
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Comnlete
~ Proposed
Underway
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Actual Outcome
Proposed Amt.
Actual Amount
Proposed Amt.
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Actual Units
ProDosed Units
Actual Units
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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 -
.
--
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Accompl. Type:
... Proposed
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... Proposed
Underway
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... Proposed
.~ Underway
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Actual Outcome
Accompl. Type:
.... Proposed
. ~ Underway
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~ Proposed
Underway
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. Proposed
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Performance Measure
150
Accompl. Type:
01 People
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... 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
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f! 01 Peopie . Proposed Units 150 Accompl. Type: . ProDosed Units
~ Actual Units - ---..-- - -------- Actual Units
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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
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.... Proposed
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.... Proposed
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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
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... Matrix Codes
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....
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Fund Source:
.... I Proposed Amt.
___J
Actual Amount
... Proposed Amt.
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... CDBG .... Proposed Amt. 115,849
.. Actual Amount
III Proposed Amt.
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> -. Actual Amount
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III AccompL Type: .... Proposed Units
..
CI Actual Units
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.. AccompL Type: .... Proposed Units
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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
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Accompl. Type:
'"
...
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.. 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.
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> - 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~~
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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
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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,
.-..... " , ,
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"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
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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
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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
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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
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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
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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
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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
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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
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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-
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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
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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:
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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
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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).
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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
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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
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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
.. -
~
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~
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~
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l2
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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_~
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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.
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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.
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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
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Approved as to form and
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First Witness
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Type/Print Witness Name
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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
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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
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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.
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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.
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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,
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. 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
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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
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· 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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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
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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
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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
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. 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
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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;
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. 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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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..
,
~
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~
'"
~
~
.
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o
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~
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"-
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z
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,
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ii
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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
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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
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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. Brockcrlerk d
Attest.S to Chi! run .
.tgnUln 011,
,<:voo as to fo 1 t:a~ sufficiency:
Sco R. Teach.
Assistant County Attorney
Date:
Page 10 of9
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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
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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.
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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.
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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)
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Approved as to form and
~1Jc~ LL-
Scott R. Teach,
Assistant County Attorney
"""
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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
~
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'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
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(Type or Print)
My Commission Expires:
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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 . ,>
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Witnesses for Betty Briggs
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BETTY BRIGGS, as individual
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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.~-
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16D3
By d.~ I/U
Jam Coletta, Chairman
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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
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Journals
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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
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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
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1.1
FRIENDS OF THE MUSEUM OF THE EVERGLADES
PO BOX 677
EVERGLADES CITY, FL 34139
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NAPLES, FLORIDA
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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
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FLORIDA F
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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16D?
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
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2.
3,
4.
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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,
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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,
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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
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...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,
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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
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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
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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.
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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
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Co\\~e ((\LIbf>~J
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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
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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
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~::J .!.? \ ~ DRAINAGE EASEMENT '- L6.
C,., ~ ~ <;>......, V
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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
,
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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/
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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
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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
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LET IT BE REMEMBERED, that the Coastal Advisory Committee in
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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
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Approval of Minutes V-1
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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)
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. 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
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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
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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
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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
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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
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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.
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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.
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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
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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
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'Janu'ary 11. 2~
Approval of CAC Minutes V-1
1018
December 14,2006
;:"y,ICj >:.'.,u-t,
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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
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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.
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. 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
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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:
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. 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.
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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
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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
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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
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-I)
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
;;j:'
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AGENDA
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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
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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
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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.
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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
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Collier County
Citizens Corps Advisory Committee
January 17, 2007
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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
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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
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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,
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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.
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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
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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.
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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 ...,
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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
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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-
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Collier County
Citizens Corps Advisory Committee
February 21, 2007
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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
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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
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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
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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.
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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
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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
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FEASIBILITY STUDY FOR RETAILER RECOVERY
Report to the Florida Legislature
January 2007
Prepared by:
The Florida Division of Emergency Management
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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,
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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
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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?
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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
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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?
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(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.
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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
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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
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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?
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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,
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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?
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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
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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.
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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
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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,
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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
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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?
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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
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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?
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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,
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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.
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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?
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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
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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
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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
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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
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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
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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?
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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
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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
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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
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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,
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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
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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,
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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
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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?
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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
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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 --
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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,)
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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
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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
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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.
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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?
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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
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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
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<",-'
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
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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
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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
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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
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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
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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
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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?
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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--
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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,
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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.
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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.)
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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.
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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.
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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?
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(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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
~.
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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.
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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
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.. 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?
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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?
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~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.
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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
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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.
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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
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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.
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'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.
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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.
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-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(
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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.
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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.
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&~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.
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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
^
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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.
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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.
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~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
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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
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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--
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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.
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~~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.
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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
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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.
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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
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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?
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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
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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.
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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.
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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
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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.
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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?
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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.
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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
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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.
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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.
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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.
..
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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?
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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
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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
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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
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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
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, 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.
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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.
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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.
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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.
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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
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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.
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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?
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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
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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
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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.
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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
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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.
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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 --
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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
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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
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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..
. ,
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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?
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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 ~. ~
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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.)
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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.
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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.
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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?
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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.
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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
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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
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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.
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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.)
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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
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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
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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--
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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
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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?
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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.
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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.
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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.
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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
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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
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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.
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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?
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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.
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~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
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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
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<, ",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
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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?
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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'
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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.
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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
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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 ,
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.... 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
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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.
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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:
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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.
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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
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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.
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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;
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· 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!
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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
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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.
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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
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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
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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.
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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.
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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?
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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"?
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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
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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
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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
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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.
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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".
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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
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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
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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.
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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".
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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,
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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"?
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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
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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
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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
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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
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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
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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.
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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,
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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
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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
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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
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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
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Pelican Bay Services Division Workshop
February 14, 2007
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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
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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
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Pelican Bay Services Division Workshop
February 14, 2007
16j1
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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
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Pelican Bay Services - Maintenance Site Utilization
16/1
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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.
PBSD has historically budgeted $40,000 for maintenance and/or construction at the
facility. Currently funds are being considered for the repair of the main building wood
siding and steel building repairs. In addition PBSD has provided landscape maintenance
of the site. Although to date many areas have not been fully restored from utility
construction activities (cleaning of oxidation ditch, rehabilitation of main lift station,
reuse conversation staging areas multi phases, cleanup of fuel spill resulting from
hurricane).
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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. Adjournment
1611
The next meeting date will be announced at the March 21st meeting
Meeting Place - Naples Botanical Gardens
4820 Bayshore Drive
Naples, FL 34112
643-7275
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BAYSHORE MSTU
16/1
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Bayshore MSTU-MiII Rate - Current ys. 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. Motion carries
unanimously 3-0.
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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
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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
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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.
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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..!!!!
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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
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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.
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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
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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
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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
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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
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I.
II.
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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
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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'~
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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
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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
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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?
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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
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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
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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
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IMMOkAL E RD
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PMJTERALN
Legend - Brochu
Collier County Roads
C Brochu
Folio Numbers: 00095520003; 00095480004
8
Collier County
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Octo be r 20061&cI:'i",,c{LfIl.Qyc1.ld2fE.f,(}()Q).
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Conservation Collier Brochu
Interim MClIlaf!,ement Plan
EXHIBIT 2: Aerial Map
Conservation Collier Brochu Aerial
Folio Numbers: 00095520003; 00095480004
Legend - Brochu
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Collier County Roads
Brochu
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75
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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.
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t,b.d
t.b.d
10
16 '1 A
Conservation Collier Brochu
Interim Managcmel/tl'lan
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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.
Plant ID, Conservation
Land, and no
trespassing I dumping
signs
Reeye.led plastic
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Coyle _._Y.___._____.
'-::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
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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.
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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
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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
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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
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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
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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 '\ \}'\
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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
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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;
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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
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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.
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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.
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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
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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
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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
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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
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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:
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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.
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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
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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
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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
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CI'.2005.12
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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
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C1'.2005.12
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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.
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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
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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.]
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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
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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
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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
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CP.2005.12
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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
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CP.2005.12
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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
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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
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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.
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C1'-2005-12
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. 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
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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
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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'
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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.
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"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
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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
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;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
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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
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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.
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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.
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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
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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 )).
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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
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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.
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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
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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
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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.
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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
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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
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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,
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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
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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
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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
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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-
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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.
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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
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-'
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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 /
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Henning _ V_.__ ___
Coyle ..~~
Coletta
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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
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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.
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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.
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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
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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
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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
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Golden Gate Community Center Advisory Board
Meeting Schedule for 2007
All Meeting are held at the Golden Gate Community Center
at 6:00 p.m.
Tuesday January 2
Monday February 5
Monday March 5
Monday 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
<--.,.",
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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
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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
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...
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. Charles Arthur amended his
second. Motion carries unanimously 5-0.
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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
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Advisor-':} Committee
2705 Horseshoe Driye South
Naples, FL 34104
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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
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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:~
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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
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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...., ~
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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
~~-"" --.-. .---------_. -- -.-.--
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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
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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., ,~, :
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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
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The Action Plan for the implementation phatse of the Tarniarni Trail Scenic Highway focuses on tlne immediate (Year 1998 - 20(3)
tasb. As shown in the table below, these actions are categorized into the following lhree categories: Corridor
Improvements !Enhancements; Promotion! Community PaIticipation; and Administration/ Coordination. Actioll. iteIllli in each of
these categories range from highest priority to mediwn and lower-priority projects.
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f<, ..:,...'....... Ve~etat1on Managementlbcottcs Removal wlthtItKir;ht-ol'W1!y': ...:..'F.:.);i',,,:c:..:;,,,t'J'J8:1j.2lIl)Oc,,.'::..,,:....;.~;,;."'lh.";.; )
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C l>uardratl KeplacementlUeslgn LonSlStent'Wlth :'cemc HIgl1way '. As. Required lor S:DeV,. )
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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
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Tal!lliami Trail Tninlni Airport I
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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
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<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
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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
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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.
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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
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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"',
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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
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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.
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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. . ...~-
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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':-'"
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0TAMIAMI TRAil SCENIC HIGHWAY
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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.
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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
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"!~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,
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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""'"
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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.
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1\;. ''"i;: . P,te~eJ've
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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.
'\
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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
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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).
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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:
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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
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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.
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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
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CORRIDOR MANAGEMENT PLAN~
oSedion 5
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,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
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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
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~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.
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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
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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
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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" ...---~~_...._._-_.~---------_..
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<9: TAMIAMI TRAil SCENIC HlGHWAY
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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),!.
---- --~._----- ----- ---~---~
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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.
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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.
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1611,418
CORRIDOR MANAGEMENT PLAN0
o Section 5
"..'-
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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,
,.-----", ._._._-----_._._--------~--_.
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~T~.MIAMI TRAil SCENIC HIGHWAY
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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
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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.
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CORRIDOR MANAGEMENT PLAN0>
r " 5
<)::oecnon
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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
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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.
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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.
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(P TAMIAMI TRAil SCENIC HIGHIN.!.Y
o
161
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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,
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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.
----~.~ . .._-~-=--
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~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!.
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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
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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,
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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 ~
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~CENIC _,~""" -. 'Ir"s ~ . :
"'E."R'.O", K 10,1 _ ";A. ",". IiING ~.' to-:. "t,'''' .'
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t"~~I!P}"M~~~~~' . ~ i
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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
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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
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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
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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
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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
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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.
(G - I) - COMPLETE-Interim Maintenance - Advanced Lawn; PO number 4500044020 open for
$15,765.00 (GG Pkwy Medians); PO 4500044021 for $18,271.00 (951 Part A and B).
3
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FOREST LAKES ;OU"'UJi
ROADWAY ANI> DRAINAGE M.S.T.U.
March 14, 2007
/
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COYle "-=k---
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
Aaenda
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. 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.\
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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
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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
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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.
(F-l) COMPLETE - Pump Generator-
8-9-06 - Committee voted to rent a generator if its needed in an emergency
6
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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
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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
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To:
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From:
Dianna Perryman., Contract Specialist
Purchasing Department, Extension 2667
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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.
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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
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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
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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
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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
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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:
~ \"
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Jenn. . Belpedi!\
Assistant County Attorne
ItOr:1t1 ,~~
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D"'~ 10-4-01
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Depu6IGrl-.<j
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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
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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
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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)
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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
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16K;
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~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
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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 (
,
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!\~ ,.
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
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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
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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'!~
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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~
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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
..,
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,""'"-,
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 .-
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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
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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
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INTEROFFICE 4TH FLOOR
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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
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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
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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
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DR! MASTER PLAN - MAP H-1
f'REI'AEED FOI> NAI'l.S8 OI'IANOE HOI..DNCl8, LLC
Exhibit C
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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.
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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.
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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.
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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
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"-ry1"J~IIJ~.7>1, IihL.JI.-~ -/)12,.).;___.:..
Malio M. Swdent-Stirling .----C;
AuistImt COUIIl)r A1tDmey
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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
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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 #
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DRI MASTER PLAN - MAP H-1
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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=; .~~
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~'
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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
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...........
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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"
"
'<.",
(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
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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
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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
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:/l''r1'''-
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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
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,~ 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
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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 ....
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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
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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
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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~
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.
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)
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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)
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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)
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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)
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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)
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(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)
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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)
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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)
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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)
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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)
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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)
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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
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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~~ .
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By: Ann Jennejohn,
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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
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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
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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
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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
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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
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~_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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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"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
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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'~
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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
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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
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2-1
3-1
4-1
5-1
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.~-----_.._----_._.~._---._,,-._-
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
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-_.~-~_._._-,--^~.~._---_.,-
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
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.
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
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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
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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
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-.-----.------.- "'-~---~-~
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
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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
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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
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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
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.~...~-_..~.."-.~,---.._"",---_.~~-
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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
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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
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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
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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.
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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.
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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.
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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
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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').
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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
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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
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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
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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
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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
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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
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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
<<
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18TH AV N.W', W
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12TH AV N.I,J. 33 !-. 36
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10TH Vl' \
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VANDERBILT BEAC RD EXTENSION ::0' I
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~ 7TH AV NW 7TH AV NW
VINEYARDS 5TH AV NW 5TH AV NW
IZ 4 3
5 ,<< 2 1
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0 3RD AV NW 3RD AV NW
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1ST AV NW 1ST AV NW
C- OLDEN
1ST AV SW
2ND AV SW
4TH AV sw 11 12
9
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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').
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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').
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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.
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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.
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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.
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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
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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
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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. In addition, from the eastern terminus of the wall, the Developer
shall install a 6' high black vinyl chain link fence east along the remaining
southerly project boundary, then north along the eastern property line for a
distance to a point approximately 800' north of the project's southeastern
property boundary. The wall and fence may be installed on a berm. The
approximate location of each wall/fence section is labeled on the RPUD
Conceptual Master Plan, Exhibit A.
Buttonwood Preserve RPUD - AR-8997(3-23-07).doc
6-6
TFRPUD
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BUTTONWOOD PRESERVE RPUD
LOCATED IN SECTION 35, TOWNSHIP 48, RANGE 26,
COLLIER COUNTY, FLORIDA
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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