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Backup Documents 05/08/2007 RBoard of County Commissioners Regular Meeting BACK -UP DOCUMENTS May 8, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) El AGENDA May 8, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice - Chairman Tom Henning, BCC Vice - Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 May 8, 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 today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and /or Adopted with changes — 5/0 B. April 10, 2007 - BCC /Regular Meeting Approved as presented - 510 C. April 11, 2007 - BCC /Annexation Meeting Approved as presented - 5/0 D. April 12, 2007 - BCC /District 1 Town Hall Meeting Approved as presented - 5/0 E. April 16, 2007 - BCC /Airport Authority Workshop Approved as presented - 5/0 F. April 16, 2007 - BCC /EDC Workshop Approved as presented - 5/0 Page 2 May 8, 2007 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating the week of May 6 - May 12, 2007 as National Nurses Week 2007 to encourage all residents of this community to join in honoring the nurses who care for all of us. To be accepted by the Nursing Excellence Committee of the Florida Nurses Association, on behalf of all nurses of Collier County: Ms. Judith Nuland, MSN, RN; Ms. Lynn Peiffer, ARNP; and Ms. Louise Steward, MSN, RN. Adopted - 510 B. Proclamation designating April 28 - May 6, 2007 as National Safe Kids Week to support the efforts and activities of Lee County Safe Kids Coalition to prevent childhood injury. To be accepted by Mr. Mark Tesoro, Lee County Safe Kids Coalition Coordinator, Injury Protection Program, Lee County Health Department. (Mr. Tesoro will bring a "life ring" and has requested that it be signed by the Commissioners to support the State of Florida's drowning prevention initiatives). Adopted - 5/0 C. Proclamation designating the month of May, 2007 as Supervised Visitation Awareness Month to promote community involvement, to raise awareness, and educate parents and caregivers to assist adult and child victims of domestic violence and to address the need for safe visitation and exchange. To be accepted by Ms. Gail Tunnock, Child Protection Team of Collier County and Marcy Krumbine, Director, Collier County Housing and Human Services. Adopted - 510 D. Proclamation designating May 14 -18, 2007 as National Bike to Work Week and the entire month of May, 2007 as National Bike Month to honor bicyclists and to encourage every citizen of Collier County to ride a bike to school, work, or shopping, and join fellow residents in sharing this healthy and pollution -free form of transportation. To be accepted by representatives from the Naples Pathways Coalition, Inc. and Collier County Department of Transportation. Adopted - 5/0 Page 3 May 8, 2007 E. Proclamation proclaiming May 13 -19, 2007, as National Transportation Week. To be accepted by: Norman Feder, Jay Ahmad, Bob Tipton, Gene Calvert, Nick Casalanguida, Diane Flagg and John Vliet. Adopted - 5/0 5. PRESENTATIONS A. Presentation by Tammie Nemecek, Economic Development Council, regarding the Collier County Housing Stimulus Program. Motion for staff to review program and work with the EDC — Approved 510 B. Presentation by Better Roads, Inc. on 6 -laning of Collier Boulevard from Immokalee Road to Golden Gate Boulevard and the 4- laning of Tree Farm Road east of Collier Boulevard (Project No. 65061). Presented 6. PUBLIC PETITIONS A. Public petition request by Ann B. Hall to discuss legalization of golf carts as an alternative mode of transportation for the Isles of Capri Community. Motion to bring back and place on the June 12, 2007 BCC Agenda — Approved 4/1 (Commissioner Halas opposed) Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt an Ordinance consolidating Ordinance No. 2005 -55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997 -35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004 -46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process, and establish affirmative defenses to certain alleged code violations. Ordinance 2007 -44 Adopted — 5/0 Page 4 May 8, 2007 B. This Item to be heard at 1:00 p.m. 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 and Daycare Centers within the County and Prohibiting Property Owners from Renting and/or Leasing All or Portions of Real Property to them within the Proscribed Limits. Denied — 2/3 (Commissioner Coletta, Commissioner Henning, and Commissioner Halas opposed) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDEX -2006- AR -9124: IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two 2 -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD property, consisting of 1558 acres, is located on the north side of Immokalee Road immediately west of Collier Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26 East, in Collier County, Florida. (This item is a companion to item l OF) Petitioner requests to withdraw — Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Forest Lakes Roadway & Drainage Advisory Committee. Resolution 2007 -118: Appointing Harold Bergdoll and Re- appointing William L. Seabury (w /waiver of term provisions) — Adopted 5/0 B. Appointment of members to the Animal Services Advisory Board. Resolution 2007 -119: Re- appointing Sergeant David Estes (Law Enforcement Group) and Michele Antonia (Animal Activist Group) — Adopted 5/0 C. Appointment of members to the Collier County Coastal Advisory Committee. Resolution 2007 -120: Re- appointing Heidemarie Kulpa (representing Collier County) and E. Glenn Tucker (representing Marco Island) — Adopted 5/0 D. Appointment of members to the Collier County Utility Authority. Page 5 May 8, 2007 Resolution 2007 -121: Re- appointing W.J. "Jack" Markel (technical field) and Fay R. Biles (lay member) (w /waiver of term provisions) — Adopted 5/0 E. Appointment of members to the Habitat Conservation Plan Ad Hoc Committee. Resolution 2007 -122: Appointing Kevin M. McGowan (H.R. Admininstration & Law Enforcement) and Bonnie Michaels (Natural Resources) — Adopted 5/0 F. BCC Chairman potential mediation discussions with Mayor Bill Barnett regarding Naples Bay Boat Speed Zones. (Commissioner Coletta) No action needed per Chairman Coletta (based on phone call with Mayor Bill Barnett) 10. COUNTY MANAGER'S REPORT A. Recommendation to accept a report on the Road Maintenance Limerock Road Conversion project in Collier County. (Norman Feder, Administrator, Transportation Services) Motion to accept report - Approved 5/0 B. Discussion with the Board of County Commissioners regarding the Transportation Production Readiness (Discussion Purposes Only) 5 Year Capital Work Program and the funding scenarios for the potential $182 Million Shortfall over 5 years. (Norman Feder, Administrator, Transportation Services) Motion for staff to bring back recommendations to a future BCC Meeting - Approved 5/0 Motion to move forward with Transportations recommendations — Approved 5/0 C. Recommendation to adopt a Resolution authorizing the condemnation of fee simple interests and /or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane and six -lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Project No. 60044). Estimated fiscal impact: $12,780,000.00 (Norman Feder, Administrator, Transportation Services) Resolution 2007 -123 Adopted 5/0 (Part of Ava Maria Contribution Page 6 May 8, 2007 Agreement) D. Recommendation to award Bid #07 -4122 to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project in the amount of $8,598,238.00. (Len Price, Administrator, Administrative Services) Approved - 5/0 E. Recommendation to approve an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,510,094 as revenue. Approved - 5/0 F. Recommendation to approve a Developers Contribution Agreement with IM Collier Joint Venture (Developer) and Collier County (County) to design, permit and construct roadway and intersection improvements at the intersection of Collier Blvd. and Immokalee Road. (Project) (Norman Feder, Administrator, Transportation Services) (This item is a companion to item 8C) Approved — 5/0 Moved from Item #16113 G. Recommendation to approve an Easement Agreement for the purchase of a Drainage, Utility and Pathway Easement, as well as the donation of a Temporary Construction Easement, required for the six - laning of Collier Boulevard from US -41 to the Davis Boulevard (Capital Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. Approved - 5/0 Moved from Item #16114 H. Recommendation to approve the purchase of improved property (Parcel Nos. 134 and 135) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $870,500) Approved - 4/1 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 7 May 8, 2007 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager — Trying to schedule meeting with local legislators at the next BCC meeting on May 22 @ 10 am w /BCC meeting start time at Sam; Motion to setup as a workshop — Approved 5/0 B. County Attorney - Goodland property owner survey update will be presented at next meeting; Ordinance amending meeting procedures; political sign ordinance to be brought for review C. Commissioner Henning - Charter government workshop; Fire plan Review; Proposed alternate for Productivity Committee member Georgia Hiller due to death of family member; Productivity Committee request/suggestions to put freeze on new hiring and reduce contract costs, etc. D. Commissioner Coletta - Letter to Walmart thanking them for the use of there property in the event of an emergency; RTC: FPL plant in Glades County; and the effect of fertilization used in urban areas E. Commissioner Halas — renewal of County Attorney's contract up for Review 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and /or Adopted with Changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water utility facility for The School District Administrative Center. W /Release of the Utilities Performance Security Page 8 May 8, 2007 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing 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 Quail West Phase III, Unit Four, the roadway and drainage improvements will be privately maintained. Resolution 2007 -106 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing 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 Quail West Phase III, Unit Six. The roadway and drainage improvements will be privately maintained. Resolution 2007 -107 Continued to the May 22, 2007 BCC meeting per Change Sheet: To remain on the consent with the exception of Reference Item #2003 -396 Re: Lorraine Patton which is continued until the May 22, 2007 BCC Meeting 4) Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. As detailed in the Executive Summary 5) Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk Town Homes, Phase One. W /Release of the Utilities Performance Security 6) Recommendation to approve final acceptance of the water facility for North Collier Hospital Parking Garage. W /Release of the Utilities Performance Security 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Castlewood at Imperial. W /Release of the Utilities Performance Security 8) Recommendation to approve final acceptance of the water utility facility for Naples Walk, Phase 3. W /Release of the Utilities Performance Security Page 9 May 8, 2007 9) Recommendation to approve an impact fee reimbursement for Redlands Christian Migrant Association Immokalee Community Charter School, totaling $40,187.76, for Building Permit Number 2005- 123589 in accordance with Section 1002.33(18) (d), Florida Statutes, which provides an exemption from the assessment of impact fees for charter school facilities. Florida Statutes provide for the exemption of impact fees for Charter School Facilities, therefore these fees should not have been assessed 10) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing 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 Independence Phase One. The roadway and drainage improvements will be privately maintained. Resolution 2007 -108 (Corrected Executive Summary: roads are platted as public) B. TRANSPORTATION SERVICES 1) Recommendation to approve the budget amendment for the transfer of funds to Project 66066. The funds are for the evaluation of the existing conditions of five bridges in Collier County classified by the Florida Department of Transportation (FDOT) Bridge Inspection Program as structurally deficient and to make recommendations for immediate action such as repair /rehabilitation, or replacement. Fiscal Impact ($250,000.00) To evaluate five (5) existing bridges that have been classified structurally deficient by the FDOT bridge inspection program 2) Recommendation to approve DCA between Calusa Pines and Collier County for ROW and corner of Tree Farm Road and Woodcrest Road. As detailed in the Executive Summary Moved to Item #10G 3) Recommendation to approve an Easement Agreement for the purchase of a Drainage, Utility and Pathway Easement, as well as the donation of a Temporary Construction Easement, required for the six - laning of Collier Boulevard from US -41 to the Davis Boulevard (Capital Page 10 May 8, 2007 Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. Moved to Item #10H 4) Recommendation to approve the purchase of improved property (Parcel Nos. 134 and 135) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $870,500) C. PUBLIC UTILITIES 1) Recommendation to approve an agreement with Florida International University (FIU) to assess the quality of sediments in Collier County in the amount of $95,453.60. To determine the impact of land use on the watersheds; targeting the confluence of the Gordon River and North Naples Bay 2) Recommendation to request funding for six South Florida Water Management District Alternative Water Supply Grants in the total amount of $5,903,296 for the partial funding for the construction of improvements to the County's public water supply system. For Projects #70892, #70899, #70908, #74076, #709001 and #74311 D. PUBLIC SERVICES 1) Recommendation to approve and adopt the name "Big Corkscrew Island Regional Park" for the planned regional park at Northeast Utility Facility a.k.a. Orangetree Park. 2) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Enrique and Fausta Antunez (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 195 Trail Ridge. Located in the Habitat for Humanity Trail Ridge Subdivision in Naples 3) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Roger Gutierrez and Sara Llorca (Owners) for deferral of 100% of Page 11 May 8, 2007 Collier County impact fees for an owner - occupied affordable housing unit located at Lot 91 Trail Ridge. Located in the Habitat for Humanity Trail Ridge Subdivision in Naples 4) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Colbert Nicolas (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 152 Trail Ridge in Naples. Located in the Habitat for Humanity Trail Ridge Subdivision in Naples 5) The Board of County Commissioners review and accept the corrective action plan provided by the staff of the Housing and Human Services Department, following the 2006 audit performed by KPMG. As detailed in the Executive Summary 6) Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Marco Island Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. Resolution 2007 -109 7) Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Naples Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. Resolution 2007 -110 E. ADMINISTRATIVE SERVICES 1) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and /or closed by the Risk Management Director pursuant to Resolution #2004 -15 for the second quarter of FY 07. Page 12 May 8, 2007 F 2) That the Board of County Commissioners approve a budget amendment to increase the FY07 Fleet Management Fund (521) operating budget expenditures and associated revenues by $530,000. To cover the costs of repair parts and service requirements for the remaining fiscal year 3) Recommendation to approve Change #12 to Contract # 00 -3173, Design of the Courthouse Annex with Spillis Candela DMJM, to re- configure the design of the second and third floors of the new Courthouse Annex (Project No. 52533) to accommodate the current, planned occupancy. As detailed in the Executive Summary 4) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. For the period of March 21, 2007 through April 17, 2007 5) Recommendation to approve conveyance of Easements to Florida Power & Light Company, Comcast and Embarq for providing utility services to the expansion of the Golden Gate Library at 2432 Lucerne Road, at a cost not to exceed $55.50, Project 54261 -1. To the immediate Northwest of the Golden Gate Library 6) Recommendation to adopt a Resolution supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Federal Tax Increase Prevention and Reconciliation Act of 2005. Resolution 2007 -111 COUNTY MANAGER 1) Recommendation to approve and execute four License Agreements for use of Wal -Marts parking lots to be used for disaster relief supplies to the public. To provide points of distribution of relief supplies to the public in the aftermath of a major disaster 2) Approve a Budget Amendment to increase funds to the Medical Examiners Office in support of increased power demand for Page 13 May 8, 2007 renovations to odor control and air handling systems in the examination suites. ($42,000) Due to an FPL rate increase and an increase in kilowatt —hours used 3) Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Catholic Charities of Collier County. To coordinate relief efforts at the time of a disaster 4) Recommendation to approve the renewal of a two -year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of $36,400 per year for a total of $72,800. For the development of customized online educational software for EMS which allows staff to train during normal work hours 5) Recommendation to amend the Collier County Government Debt Management Policy. As detailed in the Executive Summary G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Cleveland Club "Spring Break" dinner on March 25, 2007 at the Cypress Woods Golf & Country Club; $25.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Fifth Annual Tourism Week Awards Celebration on Wednesday, May 16, 2007; $30.00 funds to be paid from Commissioner Fiala's travel budget. Located at the Ritz - Carlton Golf Resort at 11:00 a.m. Page 14 May 8, 2007 3) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the 2007 Paradise Coast Tourism Star Awards and 5th Annual Collier County Tourism Week Celebration on May 16, 2007 at The Ritz - Carlton Golf Resort, Naples, Florida. $30.00 to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association Monthly Meeting/Luncheon at Carrabba's Restaurant on April 19, 2007; $21.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Kiwanis Annual Crab Claw Dinner on Tuesday, April 17, 2007 at the Isles of Capri Community Center; $20.00 to be paid from Commissioner Fiala's travel budget. 6) Proclamation to designate May 10, 2007 as World Lupus Day to increase awareness in communities worldwide of the debilitating impact of lupus. Proclamation will be mailed to Mr. Joshua M. Estrin, Executive Director of the Lupus Foundation of America. He will not be present to accept. Adopted 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 April 14, 2007 through April 20, 2007 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of April 21, 2007 through April 27, 2007 and for submission into the official records of the board. Page 15 May 8, 2007 K. COUNTY ATTORNEY 1) Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose Somogi, for Parcels 123 and 823 in the Amount of $39,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact: $34,101.00 if offer is accepted). 2) Recommendation to approve an Offer of Judgment in the amount of $36,250.00 as to Parcels 806 & 706 in the lawsuit styled Collier County v. James M. Brown, et al., Case No. 06- 0525 -CA (Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $11,617.55) 3) Recommendation to Approve a Stipulated Final Judgment in the Amount of $300,000.00 for the Acquisition of Parcel 181 in the Lawsuit Styled Collier County v. Mary Lou Adsit, et al., Case No. 04- 0506-CA (Vanderbilt Beach Road Project No. 63051). Fiscal Impact: $150,550) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Request that the Board of County Commissioners adopt the attached Ordinance, recommended by Sheriff Hunter, to amend Collier County Ordinance No. 78 -56 and Collier County Ordinance No. 87 -16, as amended, as codified in Chapter Six of the Collier County Code of Laws and Ordinances, by amending the current definitions of "alcoholic beverages" and to specify that opinion testimony is valid and sufficient to prove Page 16 May 8, 2007 violations; provide for conflict and severability, inclusion into the Code of Laws and Ordinances, and effective date. Ordinance 2007 -43 B. This item requires that all participants be sworn in and ex Pgrte disclosure be provided by Commission members. Petition: SE- 2006 -AR- 9017, a Scriveners error to correct Resolution Number 2005 -353 for VA- 2005 -AR -7444, Terry and Charlotte Rhodes, to include the Section number in the legal description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida. Resolution 2007 -112 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: SE- 2006 -AR- 9016, a Scriveners error to correct approved Resolution Number 2005 -401 for CU- 2003 -AR -3573, Independent Haitian Church of God, to correct the Section, Township and Range numbers in the title of the Resolution. The subject property is located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2007 -113 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT- 2006 -AR- 11255, Lot 39, Aviano at Naples, to disclaim, renounce and vacate the County's and the Publics interest in a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit A. Resolution 2007 -114 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV- 2006 -AR -10351 Unity of Naples Church, represented by Debra Williams, Sr. Minister of Unity of Naples Church, is requesting a sign variance for Code Enforcement violations of an off premise sign that is not located on the property. The subject property is located at 7100 Davis Boulevard, in Section 8, Township 50S, Range 26E, Collier County, Florida. Page 17 May 8, 2007 Resolution 2007 -115 F. Adopt a Resolution amending the Water Restriction Surcharge, Schedule One of Appendix A of the Collier County Ordinance No. 2006 -27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2007 -116 G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE- 2007 -AR -11230 (WB), A Resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 2000 -189 to correct a scrivener's error in Exhibit B, the legal description for a project known as the Golf Club of the Everglades. Resolution 2007 -117 18. ADJOURN Page 18 May 8, 2007 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 8, 2007 Item 16A4 continued to the May 22, 2007 BCC meeting: Recommendation to approve the Release and Satisfaction of Code Enforcement liens for payment received. (Commissioner Coletta's request.) Item 16A10: The current Executive Summary indicates that the roads will be private. The roads are platted as public and Immokalee Section of Transportation Services has signed off on the improvements. A revised Executive Summary has been distributed. (Staff's request.) Move Item 16B3 to 10G: Recommendation to approve an Easement Agreement for the purchase of a drainage, utility and pathway easement, as well as the donation of a temporary construction easement, required for the six - laning of Collier Boulevard from US-41 to Davis Boulevard (Capital Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. (Commissioner Coletta's request.) Item 16135: The title in the executive summary should read: The Board of County Commissioners review and accept the corrective action plan provided by the staff of the Housing and Human Services Department, following the 2006 audit performed by KPMG (rather than "KMPG "). (Staff's request.) Time Certain Items: Item 8B to be heard at 1:00 a.m. 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 and daycare centers within the County and prohibiting property owners from renting and /or leasing all or portions of real property to them within the proscribed limits. PROCLAMATION `'F A WHEREAS, 2.2 mil /ion registered nurses in the United States comprise our nation's largest health care profession with as many licensed practical nurses; and WHEREAS, the depth and breadth of the nursing profession is meeting the different and emerging healthcare needs of the American population in a wide range of settings, and WHEREAS, nurses education and holistic focus promotes restoration and maintenance of health in the individual and family, • and WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary care, and WHEREAS, a renewed emphasis on primary and preventative healthcare will require better utilization Of a// of our nation's nursing resources; and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of all patients; and WHEREAS, the demand for nursing services is greater than ever because of the aging of the American population, the continuing growth of life- sustain /ng technology, and the explosive growth of home health serv/ees; and WHEREAS, more qualified registered nurses are needed /n the future to meet the /ncreas.,Wly comp /ex needs of healthcare in this community., and WHEREAS, the cost - effective, safe, and quality healthcare serv/ces pro vided by nurses are an ever more important component of the US health care delivery system in the future, and WHEREAS, along with the American Nurses Association, the Florida M&ses Association, and Collier County District 29 has declared the week of May 6 -12 as Nat /ona/ Nurses Week 2007 with the theme, "Nurs/ng: A profession A Passion °, in ce/ebrahan of the ways /n which nurses strive to provide safe and high quality patient care and map out the way to improve our healthcare system. NOW THEREFORE, be it Prot /aimed by the Board of County Commissioners of Co / / %r County, Florida, that the week of May 6 - May 12, Z007, be designated as NA77'ONAL NURSES WEEK 2007 and encourage a// the residents of this community to join /n honor/ng the nurses who care for a// of us, and that the residents of Collier County celebrate nursing's accomPl/shments and efforts to improve our healthcare system and show our appreciation for the not /on's nurses, not just during this time, but at every opportunity throughout the year. BONE AND ORDERED THIS 8th Day of May, 2007. PROCLAMATION 4$ j 4 WHEREAS, unintentional injury is the number one killer of children 14 and under, and WHEREAS, each year, more than 5, 000 children 14 and under die from unintentional injuries; and WHEREAS, emergency rooms experience nearly 2.4 million visits from children 14 and under each summer; and WHEREAS, 90 percent of these injuries and deaths are preventable; and WHEREAS, 41 percent of these deaths occur during "trauma season," the months of May, June, July and August,- and WHEREAS, the risk areas that show the greatest seasonal surge in deaths and injuries between May and August compared to the rest of the year are biking, drowning, pedestrian, motor vehicle occupants and falls, and WHEREAS, Safe Kids Worldwide, Lee County Safe Kids and partnering sister counties promote childhood injury prevention by uniting diverse groups into local and state coalitions, developing innovative educational tools and strategies, initiating public policy changes, promoting new technology and raising awareness through the media; and WHEREAS, Safe Kids Worldwide, with the support of founding sponsor Johnson Q Johnson, launches Safe Kids Week 2007, 'Make it a Safe Kids Summer, " which focuses on five of the deadliest warm- weather risk areas of motor vehicles drownings, pedestrian, biking and falls; and WHEREAS, Lee County Safe Kids and sister counties have planned special childhood injury prevention activities and community -based events for Safe Kids Week 2007 in an effort to educate families about summer safety. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 28 - May 6, 2007, be designated as NATIONAL SAFE KIDS WEEK in Collier County and call upon all the residents to join in supporting the efforts and activities of Lee County Safe Kids Coalition to prevent childhood injury. DONE AND ORDERED THIS 8th Day of May, 2007. BOARD OF NTY COMMISSIONERS 101 CO(/ 1, 11?l ZDAZ,,� n PROCLAMATION 4C ' 4 WHEREAS, the Chi /dren's Advocacy Center of Collier County in conjunction with the Collier County Government Safe Havens Supervised Visitation and Safe Exchange Grant Program recognizes the month of May as Supervised Visitation Awareness Month; and WHEREAS, the children of Collier County are entitled to live and grow in a healthy, nurturing environment, free from intimidation and harm; and WHEREAS, domestic violence is extremely damaging to children who live with it and has a profound affect upon their behavioral, psychological, developmental, educational, and social functioning, and WHEREAS, children that grow up in households where there is domestic violence are more likely to become victims or perpetrators of domestic violence; and WHEREAS, the local community domestic violence agency, the She /ter for Abused Women and Children, provided services to over 1, 450 children in their shelter, counseling, and outreach programs; and WHEREAS, in the past year, the Children's Advocacy Center Fami ly Safety Program provided over 350 supervised visits and over 865 safe exchanges for families impacted by domestic violence, and WHEREAS, supervised visitation allows children to maintain a relationship with both of their parents and to visit the non - residential parent in a safe, comfortable environment; and WHEREAS, during the month of May, Collier County w /// promote community involvement, raise awareness, and educate parents and caregivers to assist adult and child victims of domestic violence and to address the need for safe visitation and exchange. NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Co //ier County, that the month of May be designated as SUPERVISED VISITATION AWARENESS MONTH DONE AND ORDERED THIS 8th Day of May, 2007. BOARD COUNTY COMMISSIONERS COLLIER0OUNTY ORI ��___� PROCLAMATION `}D WHEREAS, Collier County actively encourages bicycling as an important mode of transportation in preserving its quality of life; and WHEREAS, the entire month of May is National Bike Month, and the week of May 14 -18, 2007 is National Bike to Work Week, which is to promote and celebrate the joys and benefits of bicycling for transportation and recreation, and cyclists in Collier County enjoy optimum riding conditions because of the temperate climate; and WHEREAS, the Nap /es Pathways Coalition, Community Traffic Safety Team, Pathway Advisory Committee, Collier County Transportation Services Division and numerous other community members have worked diligently over the past years to improve cycling conditions on our roadways, to educate the public about bicycling, and to promote safe bicycling for recreation and transportation, and WHEREAS, Collier County has coordinated construction of over 6 miles of sidewalks, bike lanes and pathways thus far this calendar year, currently have 7 miles of pathway under construction, B miles of pathway and sidewalk awaiting bid, 14 miles of pathway and sidewa /k under design, as well as sidewalks and bike lanes that will be constructed in road construction projects and required private developers to complete, and addition //y secured $1.5 mil /ion of funds from the Florida Department of Transportation for sidewalks in the Immoka/ee area; and WHEREAS, the Community Traffic Safety Team recently app lied for $2 mil /ion of Safe Routes to School fuadiag to solve existing safety concerns for children; and WHEREAS, four pedestrian bridges (Vanderbilt Drive 4 6o /den bate Parkway) are under design to address the lack of bicycle and pedestrian facilities on bridges in those areas; and WHEREAS, the Ride of Si /ene, which honors bicyclists who have been killed or injured while cycling, will be held on May 16, 2007 at 7 p. m. at Lowdermi /k Park. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Co/ /ier County Florida, that May 14 -18, 2007, be designated as NATIONAL BIKE TO WORK WEEK and the entire month of May, 2007, be designated as NATIONAL BIKE MONTH in Collier County, and encourage every citizen of this community to ride a bike to school, to work, to shopping, or to any other of the events planned this week, and join fellow residents in sharing this healthy and pollution -free form of transportation, and ask that all motorists drive extra careful during this time, while they share the road. 4t PROCLAMA TION WHEREAS, Collier County recognizes that National Transportation Week provides an opportunity for the transportation community to join together forgreater awareness about the importance of transportation,, and WHEREAS, since its beginning, transportation infrastructure has transformed the American landscape into a sophisticated network of metropolitan communities, fueling the world's strongest and fastest growing economy, as well as continuing to offer count less other benefits- and, WHEREAS, each year, America's transportation system - from the roads to the skies, rails and ports - helps travelers reach their destinations and carries billion of tons of freight worth trillions of dollars in economic stimulus, and, WHEREAS, the transportation system plays a critical role in deploying and sustaining our troops and their equipment around the world,- and WHEREAS, transportation is synonymous with opportunity in America - connecting workers with jobs, products with markets, and families with each other. Throughout our history, advances in transportation have been at the forefront of progress In 2006, we celebrated the 50th anniversary of Me Eisenhower Interstate Highway System, widely regarded as the greatest public works project in history. Life in the United States would not be the some without its vast transportation network and throughout Me 21st century, the USDOT will continue the tradition of innovation in all transportation fields, continuing to modernize transportation, and during National Transportation Week, we honor the professionals who help to keep our transportation systems secure, efficient, reliable, and safe, as well as focusing on making youth aware of transportation - related careers, - and, WHEREAS, in 2000 the Board of County Commissioners had the insight to develop a Transportation Services Division to handle the need to create infrastructure to accommodate our dramatica/lygrowing population. This division now in it's seventh year with departments handling Transportation Planning, Traffic Operations, Transportation Engineering and Construction Management, Road d Bridge Maintenance, Stormwater Management, as well as Alternative Transportation Modes, has added more than 125 lone miles of roadways in eleven different road construction projects to the transportation network, and has another 156 lane miles in 17additional projects under construction, or in active design, for capacity expansion. In addition, the division maintains approximately 1,900 miles of roadways, WHEREAS, in 2003 the Board of County Commissioners, realizing not all transportation improvements need to be just asphalt and concrete, approved the Landscape Beautification Master Plan to add trees, shrubs, andground cover along county arterial and major collector roadways which has since allowed for the creation of more than 35 miles of roadways to receive these scenic improvements, with another 14 miles of roadways planned to receive landscape this year, adding not only visual relief but calming aesthetics for frazzled motorists and enhanced property values for area residents- and, WHEREAS, in 2006 technology that had been in the process of being installed for several years was completed resulting in the creation of the Traffic Management Center where more than 100 signalized intersections can be controlled by computer, 27 of those monitored by video cameras whereby technicians are able to monitor traffic backups visually and make adjustments to signal timings to lessen delay, particularly during periods of high volumes, thus assisting further with capacity issues asgrowth continues in this wonderful paradise so many more are now referring to as "home" NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 13 -19, 2007, be designated as National Transportation Week, and that the Board of County Commissioners does call upon everyone to thank transportation professionals for their efforts /n helping us all travel to where we need to go as safely and efficiently as possible, and to recommend to all to save fuel and ride Collier Area Transit whenever possible. DONE AND ORDERED THIS Bth Day of May, 2007. ATTEST.• COUNTY COMMISSIONERS gcc, l2 910'7 T-4-em 5�F COLLIER COUNTY HOUSING STIMULUS PROGRAM May 8, 2007 Dear Collier County Board of County Commissioners: As representative civic and business leaders, as well as large employers of healthcare workers, teachers, law enforcement, and numerous employers in immediate need of solutions for our long- term workforce housing needs in Collier County, we urge the Board of County Commissioners (BCC) to consider and adopt the Collier County Housing Stimulus Program. This program will be presented on April 16, 2007 at a joint workshop with the BCC and the Economic Development Council of Collier County (EDC). We all agree that something needs to be done now. This program provides the solution needed to stimulate the development of housing for our community's workforce and essential service personnel. The Housing Element of Collier County's Growth Management Plan prescribes that Collier County increase the number of new affordable- workforce homes by 1000 units each year in an effort to continue to meet the needs of all current and future very -low, low and moderate income residents of Collier County. The proposed Collier County Housing Stimulus Program will help Collier County achieve this goal through an incentive -based approach that will encourage a greater percentage of homes to be built at a more affordable price. In its role as a private partner with Collier County, the Economic Development Council of Collier County teamed up with the Urban Land Institute's Young Leaders to develop a viable and feasible Collier County Housing Stimulus Program in an effort to provide the County with a fiscally- sound, incentive -based program that will support our workforce and our community with affordable homes. This program was presented to the Board of County Commissioners in September 2006. The Board of County Commissioners unanimously supported the program, and asked the EDC to return with the enacting policies needed to successfully enable this program. The EDC completed its extensive review of existing ordinances and policies and presented its recommendations on April 10h. We now request that the Board continue to support this initiative by giving clear direction to staff to work collaboratively with the private sector to move these programs forward through the process. Signed: Sw Richard C. Grant, Chairman of the Board Economic Development Council of Collier County Michele Harrison, Chairperson Collier Building Industry Association The Greater Naples ( hamber of (ommer(e On behalf of the Greater Naples Chamber of Commerce Michael V. Reagen, President and CEO The Greater Naples Chamber of Commerce 2 404 FIFTH THIRD BANK" Thomas R. Quinn, Jr., President and CEO Fifth Third Bank, South Florida .� X'44e Nicholas Healy, President Ave Maria University ■ W& Hunter Hansen, Managing Director Naples Grande Resort Club Edgewater Beach Hotel NC —H Hea— thcafe_ System G24, S. CJ") nL, b. Allen S. Weiss, MD, President & CEO NCH Healthcare System Terry McMahan, President International Colleze A�yR. Parry Health Manasement Associates Dr. Richard Pegnetter, Interim President Florida Gulf Coast Universitv 3 15 A II Hilton C;�j) Naples r Clark Wakefield Hill CHA, General Manager Hilton Naples Hilton Naples /Shula's Steak House Reinhold Schmieding, President & Founder Arthrex,Inc. %1I D(i ( *A 1'LI A I (ORPORAIION W1111am L Flohn Pt'CSitictil 41 ::: who e II Businesses REGIONALBOSINESSALLIANCE Connect oFSouTHwFsTFLOBIDA,1Nc. c( Richard A. Botthof, Executive Director Regional Business Alliance of Southwest Florida PHYSICIANS RLGIONAL n f N(Al C A N I T rR Geoffrey Moebius, Chief Executive Officer Physicians Regional Medical Center WilsonMiller New Directions In Planning, Design & Engineering Alan Reynolds, Chairman & CEO WilsonMiller Lail d�4 � 'k, Carlos Diaz, President & CEO Gulf Coast American Fabrication ' 5 A -"I Naples Daily News a AN EKSCRIPPSNEWSPAPER John Fish, President and Publisher Naples Dail News Richard Rice, Executive Director lmmokalee Chamber of Commerce BA N K oe FLORIDA MRP. John B. James Senior Executive Vice President, Chief Administrative Officer Bank of Florida Corporation FVX[Software Stefan R. Bothe Chairman & CEO XXel•Ox Authorized Sales Agent Dr. Lily DeBlieux, Chief Executive Officer Widespread Technologies Florida Arcb4chnl Producb, Inc. 40T� William Tucker, President Florida Architectural Products HOSPICE 1yokv • tlYrc.r Ll.mi • fmm,kuire sM frve IBM1I Karen Rollins, President & CEO IN]" HOLE MONTES WAFERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS 5 58 r5A 41 Collier County Affordable Housing Commission Collier County Board of Commissioners Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Collier County Housing Stimulus Program Dear Dedicated Commissioners: After careful review, the Collier County Affordable Housing Commission unanimously voted to approve our recommendation of support for the Collier County Housing Stimulus Program. The current plan creatively creates new affordable housing units fitting the criteria set forth by the Collier County Land Development Code. Please accept this letter as our formal support. We are excited about the unique way this Stimulus Program pools resources together to accomplish our Affordable Housing goals. Sincerely, Kenneth Kelly Chairman Copy: Representative Mike Davis COLLIER COUNTY FLORIDA 8 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XX Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) •****+************************* a***** xxx• xx* x******* xxxxx********** xxx*** rt* * * *�. * * * * *.xx * * * * * *� * * * * * * * *�.� Originating Dept/ Div: •° •CodeRnforcChtMiY Person: Michelle Arttold Date: 4/23/07 Accounts 111138911649100 - Petition No. (If none, give brief description): Pursuant to BCC request, Consolidated Code Enforcemleut.QP,dinance Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other 5/3/61 Requested Hearing date: (Based on advertisement appeari 'before hearing.) First available — please call County Attorney's Office (Dinny Neet — 774 -8066) with the pub t ng date. Newspaper(s) to be used: (Complete only if important): XX Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: XX Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Pee include advertising cost'? ❑ Yes XX No If Yes, what account should be charged for advertising costs: Revie ed by: q-z• )'©% Division Administrator or Designee Date List Attachments: Copy of proposed Ordinance 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 Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. rrr*****: x+ �x. x.. x. �.*** rr***r**«****. �..► �►++r******..+.. x►******** �s�.+** r** * +:x�� *x * * * * * *x� *r * * * * * * * *.►► *r FOR CLERI{ lvet# f' Date of Public he ' 3 bate Advertiser4= 04- CED- 01058/194 8 A :x � B:a COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE ORDINANCE NO. 2007- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMA'T'IVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article Vlll of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and governing body of a County shall have die power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(x) and (b), Florida ,Statutes, recognize that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be- liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution: and WHEREAS, pursuant to Chapter 162, Florida Statutes, `The Local Government Code Enforcement Boards Act," the Board of Comity Commissioners of Collier County duly enacted Collier County Ordinance No. 1992 -80, superseded by Ordinance No. 2005 -55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance;" and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part 11, Florida Statutes, the Board enacted Collier County Ordinance No. 1997 -35, as amended, known as the "Collier County Code Enforcement Citation Ordinance," which established a supplemental enforcement procedure with respect to certain codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "I'he Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 200446, known as the "Collier Comity Code Enforcement Special Master Ordinance," which created a code enforcement special magisbate process as an additional means for the enforcement of county codes and ordinances. and WHEREAS, pursuant to Chapter 162, Florida .Statutes, "The Local Government Code Enforcement Boards Act." the Board of County Commissioners has the authority to adopt, by a vote of at least a majority plus one, an ordinance that gives code enforcement boards or special Wca� I .,[ id 8A 6 E magistrates, or both, authority to impose fines in excess of the fines provided in Section 162.09(2)(a); and WHEREAS, the Board of County Commissioners of Collier County wishes to consolidate these three ordinances into one ordinance, thereby simplifying the Code Enforcement process; and WHEREAS, the Board of County Commissioners, recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, desires to establish affirmative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance, which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY 'THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that SECTION ONE: Repeal of Ordinances On the effective date of this Ordinance, the following Collier County Ordinances are repealed and superseded in their entirety: Ordinance No. 2005 -55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance; Ordinance No. 2004- 46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No. 1997 -35, as amended, known as the Collier County Code Enforcement Citation Ordinance. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: ARTICLE 1. General Section 1. 'Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance" Section 2. Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree, by resolution of the governing bodies of both the County and the municipality, to have this Ordinance apply and be enforced in the municipality. Section 3. Purpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County, Florida. Vutic 2 .f 14 • • Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to writing. Person means an individual, association, firm, partnership, corporation, or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers. Public nuisance means those nuisances as identified in either § 893 -138 or § 823.05, Florida Statutes, or other statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi- judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations. Secretary to the Erefor(ement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereot) alleged or found to have violated any code or ordinance of Collier County. which an Enforcement Board or Special Magistrate has jurisdiction to enforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to cant' out their duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. Section 6. Powers and duties. H) Both an Enforcement Board and a Special Magistrate shall have the power to: (a) Adopt rules and regulations for the conduct of hearings; tb) Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; (c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff m a duly authorized person; (d) Take testimony under oath; (e) hold hearings on notices of violations; (f) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; (g) Assess administrative fines, costs, and to impose liens and order the payment of such fines, as provided for herein; (h) Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the enforcement board; and ( i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. Page i of 14 ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board Section 1. There shall be one or more Enforcement Boards which shall, from time to tune, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County codes or ordinances Section 2. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include. whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Section 3. Each member of the Enforcement Board .shall be a permanent resident of Collier County and shall serve without compensation. Section 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. Section 5. Terms of office shall be in accordance with Ordinance No. 2001 -55, as it may be amended. Section 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001 -55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically terminate_ Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section S. The initial appointments to the Enforcement Board shall be as follows: (1) Two members shall be appointed for a terns of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a term of two years and one alternate member .shall be appointed for a term of three years. (5) Thereafter, all appointments shall be made by the Commission for a term of three years. (6) In the event any member's term, including that of any alternate member's term. expires during the pendency of a case(s) which has not reached conclusion by a final vote. such member's expired term shall automatically he extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. Section 9. Organization of the Enforcement Board. (1) An Enforcement Board shall consist of a chairperson, a vice - chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the regular voting Enforcement Board members. (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either lire Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing m practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. 11 not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. n (6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001 -55, as it may be amended. ARTICLE III. Special Magistrate Section 1. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. Section 2. Qualification, appointment, and removal of Special Magistrates. Appointment of a Special Magistrate shall he based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (c) be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge, and (e) meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate: provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two -year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or tier term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shad be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission_ ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement Board, and the Special Magistrate Section 1. Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violations) as noticed. The notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. (4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction in the notice, the Code Enforcement Officer may either issue a citation or schedule the case for herring, and the notice of hearing shall so state. If the Code Enforcement Officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. ",g a. of 11 (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing_ The Code Enforcement Department .shall give notice to the Violator as set forth in this Ordinance. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. (7) If the owner of property which is .subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; h. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violalor /transferor, c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders- issued in the Enforcement Board or Special Magistrate proceeding; and d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the heating shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 2. Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: 11) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article I, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non - criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. (2) Upon the making of more than two complaints within a six -month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his /her designee shall mail written notice of such complaints by hand delivery or by certified mail, return receipt requested, to the owner of the place or premises complained of at the owners address listed in the tax collector's office of tax notices. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the propose of allowing the owner to take such good faith measures as- are appropriate to abate, the nuisance. The Code Enforcement Department supervisor or his /her designee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this division. The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the Enforcement Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall include: a. A statement of the time, place and nature of the hearing; I4,,, 6 0! '4 0 b. A statement of the legal authority and jurisdiction under which the hearing is to be held: c. A reference to the particular sections of the statutes and ordinances involved; and d. A short and plain .statement summarizing the nuisance, which is the subject of the complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (1) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance Abatement Board or Special Magistrate. respectively. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of tire action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the paty requesting issuance. (2) A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items. (3) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the Secretary of the Enforcement Board. The party at whose request the service is made shrill make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in § 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be home by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena. Section 4. Conduct of hearing. ( I) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Errol cement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. (c) Hearings may be informal and need not be conducted in accordance with the technical Riles relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue. (c) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. (t) All testimony shall be under oath and shall be recorded by a certified court reporter and /or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. (g) All relevant evidence shall be achnitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory role which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself he considered sufficient to support a finding or decision. (i) Fach party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-- examine opposing witnesses, impeach witnesses and rebut evidence . The Violator may be represented by legal counsel at all hearings. (j) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the Page 7 of 14 • evidence_ The decision shall then be sent, by regular First Class United States Mail, to the Violator in the form of a written Order including findings of fact and conclusions of law based on evidence of record. (k) Should an Enforcement Board or Special Magistrate be unable to issue a decision immediately following any heating because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection (1)(j) of this Section. (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any .subsequent purchasers. successors in interest, or assigns as the violation(s) concern(s) real property, and the findings therein shall be binding upon the Violator and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest, or assigns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by the County. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate, but shall not exceed the costs incurred. (2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriffs Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schedule hearings, assisting Code Enforcement Department stiff in serving any notices required under this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may be given an opportunity to present oral or written communications, in which event all parties shall be given an opportunity to cross - examine, challenge, or rebut said material. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (c) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An Order entered under subsection (b) shall expire after one year or at such earlier time as stated in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized person, may bring a complaint under § 60 05, Florida Statutes, .seeking a permanent injunction against any public nuisance. Section 5. Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first violation continues past the date set for compliance by the Enforcement Board or Special Magistrate: or in the case of a repeat violation, may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has been repealed, and a hearing shall not be necessary for the issuance of the Order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000.00 per violation. (2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate, as the case may be, shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the Violator to correct the violation; and (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed S250A0 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed 550200 per day. Pugs 9 of 14 im IA a (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to he it nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of § 893.138, Florida Statutes, shall not exceed $15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in [tie public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, and upon any other real or personal properly owned by the Violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such Tien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Section may be foreclosed on real property that is a homestead under Article X. Section 4 of the Florida Constitution. (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of Its pendens is recorded. Section 6. Costs for nuisance ahatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorney and/or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, if the Violator does not own the land, upon any other real or personal property owned by the Violator. Upon petition to the circuit court, said order /lien may be enforced in the same manner as a court judgment except for enforcement purposes. After one year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in § 55.03. Florida Statutes, as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to the provisions of this Section may be foreclosed on real property that is a homestead under Article X, Section Four of the Florida Constitution, Section 7. Rehearing of Enforcement Board or Special Magistrate action. (1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may request it rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be filed with the Secretary to the Enforcement Board, and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate, within ten days of the date of receipt of the written Order of the Enforcement Board or Special Magistrate, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involver) an error on a ruling of law, which was fundamental to the decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make it determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it may either: (a) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specific reasons for which the rehearing was granted; or (h) Modify or reverse the prior order, without receiving further evidence, provided that any modification is based on a finding that the prior decision of the Enforcement Board or Special (-,, 0 of 14 A Magistrate resulted from it ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling. (3) The Order of the Enforcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not cornmence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the Order be .stayed for a period longer than 20 days from the date of mailing of the rehearing decision Section 8. Appeals. (1) With the exception of violations of Ordinance No. 72 -8; Ordinance No 74 -9, as amended; Ordinance No. 76 -13: and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be filed within 30 days of the execution of the Order to be appealed. (2) For violations of Ordinance No. 72 -8; Ordinance No. 74-9, as amended; Ordinance No. 76 -13; and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to the County Court for a trial de novo on the merits within 30 days of the execution of the Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to the proceedings before an Enforcement Board or Special Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9. Notices. (1) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's offices for tux notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below, and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand - delivery by file sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the Commission; (c) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1) above, at the option of the Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted at least ten days prior to the hearing. or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at or near the front door of the Collier County Courthouse. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. (5) Notice by publication or posting may nm concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1) of this Section. (6) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1) of this Section, together with proof of publication or posting, shall he sufficient to IS,,,, I ni l 1 show that the notice requirements of this Section have been met, without regard to whether or not the Violator actually received such notice. (7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to, and accepted by, the Violator or his or her agent or other person in the household or business, or where a Code Enforcement Officer, under oath testifies that he/she did hand - deliver the notice to the Violator. ARTICLE V. Code Enforcement Citation Regulations Section 1. Purpose and Authority. It is the intent of this Article to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162, Florida Statutes, Part 11. Section 2. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. (I ) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances. law enforcement officers; code enforcement director: code enforcement supervisors: code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of §§ 943.085 - 943.255, Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations /notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a written procedure as to the necessary mining requirements. Topics in the training shall include, but are not limited to, the following: (1) The citation and notice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear procedures. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code officer. a. Enforcement policies. I. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. of Court data. e. Practice writing citations and notices to appear. (4) Signature q(code Violator and/or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public contact. a. How to handle difficult situations. b. Angry people. (6) Sporn statements. (7) Keeping files. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. c. Testimony. Pare I I of 14 d. Judges. M Section 4. Powers and duties of designated Code Enforcement Officers. ( I ) It shall be the duty of those persons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation. the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infection in violation of any duly enacted comity codes or ordinances. (2) As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article. Section 5. Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance, and in Florida Statutes- Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. Section 6. Citation and notice to appear procedures. (1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is found or i1' the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand- delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business- hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices, citations, and notices to appear; said warning notices, citations, and notices to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear, the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as .set out herein within 30 days from issuance of the citation or notice to appear; or (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 clays of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and /or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty $500 -00- (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certified copy of said judgment in the official records of the county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk P., _ 12 of15 0 i of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County. (7) The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforcement, pursuant to §§ 553.79 and 553.80, Florida Statutes, of the Building Codes adopted pursuant to § 553.73, Florida Statutes, as they apply to construction: provided that a building permit is either not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to § 553 73, Florida Statutes. Section 7. Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and tune the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and /or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of $500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article. (2) Schedule of violations and penalties: For uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00, second offense $255.00, and third or more offense $405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court. (b) If a person elects to contest a citation or notice to appear in county court and, after trial before the county court. is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within it time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court. (4) If a person fails to pay the civil penally specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of it misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083, Florida Statutes. Poi e i' of i M (6) Unless otherwise required by law, all monies required to be paid for civil penalties, of as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and; (b) All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI. Affirmative Defense Section 1. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April I, 1997, and the person charged with such alleged failure demonstrates to the Building Official, as defined by the Florida Building Code, by a preponderance of the evidence, that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: 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 relettered to accomplish such, and the word "ordinance" may be changed to "section', "article ", or other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By. BY Deputy Clerk JAMES COLETTA, Chairman .y lrlr bC i 111 fo r 'Y t Icflici. KI urk¢µ -0aua ng :1s4.b County Attorney Puf,c 14cf 14 April 23, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Consolidated Code Enforcement Ordinance Dear Legals: Please advertise the above referenced notice on Friday, April 27, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. Account: 111 - 138911 - 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE V A Notice is hereby given that on Tuesday, May 8 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. PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTC THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara From: ClerkPostmaster Sent: Monday, April 23, 2007 3:41 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT125602.txt; Consolidated Code Enforcement Ordinance ATI-125602.bct Consolidated Code (231 B) Enforcement ... 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 Page 1 of 1 8A Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Monday, April 23, 2007 4:28 PM To: Martha S. Vergara Subject: RE: Consolidated Code Enforcement Ordinance OK From: Martha S. Vergara [mai Ito: Martha .Vergara @clerk.collier.fl.us] Posted At: Monday, April 23, 2007 3:41 PM Posted To: Legals - NDN Conversation: Consolidated Code Enforcement Ordinance Subject: Consolidated Code Enforcement Ordinance Pam, I have another one for you.. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want your e-mail address released in response to a public records request, do not sent! electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/23/2007 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 111138911649100 59388603 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in sai< newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/27 04/27 AD SPACE: 122.000 INCH FILED ON: 04/27/07 COrypNSICA E - -- ------- ------- -- ---- - - ----- ------- ------ Signature of Affiant if/y Sworn to and Subscribed before me this i day of /`✓c_,..j 20 1' 7 Personally known by me L'e' �' e -e— r� ft" how ' + d. M01�1 � DAIAIS 3** Nl 21W �17 t . .., ,r:- +'�%r'0.tlt�tRVfiaatt6 sx 8 A ' 4' on amen of an ation w anwo Is to speak on an 6TA CHAIR: E. SROCK. �a Ver0ara, NAPLES DAILY NEWS Published Dad Naples. Fl- 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned thcc scnc as the atuhoritc. pcisonalk appeared Phil Lews_ tclto on oath sa-Ns that IhcN sen e as the Editor of the Naples Balk, a daik netcspaper published at Naples. in Collier Count*. Florida_ distributed in Collicr and Lce counties of Florida: Ihdl the ziudclicd cop,, of the adc ell ising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE tfas published in said nerespaper I lime in the issue oil. April 271" 2007 Airanl tur I,cr sacs that the said Naples UaiIN ScN %s is a ncuspaper published at Naples, in vaid Col licr Comm. Florida and that the said no1"paper has heretofore been cunlinuoush puhlishcd in said Collier County. florid,'.distribuled in Collicr and Ise co,,nuc, of Florida. wd, das and has heen entered as s cond lass mail matter ail the post "dice in `Naples. in _,aid Collier County. I`lorida>_ for a period of I Near it "t preceding the Bret publication AIlie attached cops of ads er iscmcnl: yid anienl Iurt h i sacs that It has ,,,II , paid not n o,niscd ant Per sou. Jinn or .oip,a,m,.n aus dise,nuIl �dmtc. commission or refund for thr purpose of sccwing ihis advertisement for is Lion iu the .mid t 'spape ( Ig118tllre O a 8111 Scorn to and subscribed before me This 27 °i Dar' of April 2007 (Stgnamrroof Dolan 41)/AI WMW—gV to DMMIN MW 3m uric rr 18q II �OLETTA, CHAIR - 1T E. BROCK, cle ka, Verpara, MEMORANDUM Date: May 22, 2007 To: Michelle Arnold, Director Code Enforcement From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -44 Enclosed please find a copy of the documents referenced above, (Agenda Item #8A) approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures MEMORANDUM Date: May 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -44 Attached, please find one (1) copy of the document referenced above (Agenda Item #8A), as approved by the Board of County Commissioners on Tuesday May 8, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure gA 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 rouring slip and original documents are to be forwarded to the Bound Office only ancr the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andfor information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate. (Initial) Applic able) 2. 5/8/07 Agenda Item Number 8A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, Managing Asst. County Attorney County Attorney JAK 5/16/07 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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/prepmed the executive summary. Primary contact information is needed in (he event one of the addresses above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774 -8492 Contact appropriate. (Initial) Applic able) Agenda Date Item was 5/8/07 Agenda Item Number 8A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance � _ E)� ( Number of Original One Attached ( Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Fonns/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.25, Revised 224.05 04- CEB- 01170/1202 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) J. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5/8/07 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Fonns/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.25, Revised 224.05 04- CEB- 01170/1202 COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE ORDINANCE NO. 2007- 44 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 1992 -80, superseded by Ordinance No. 2005 -55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance;" and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Collier County Ordinance No. 1997 -35, as amended, known as the "Collier County Code Enforcement Citation Ordinance," which established a supplemental enforcement procedure with respect to certain codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, ''The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 2004 -46, known as the "Collier County Code Enforcement Special Master Ordinance," which created a code enforcement special magistrate process as an additional means for the enforcement of county codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners has the authority to adopt, by a vote of at least a majority plus one, an ordinance that gives code enforcement boards or special Page 1 of 14 0 i magistrates, or both, authority to impose fines in excess of the fines provided in Section 162.09(2)(a); and WHEREAS, the Board of County Commissioners of Collier County wishes to consolidate these three ordinances into one ordinance, thereby simplifying the Code Enforcement process; and WHEREAS, the Board of County Commissioners, recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, desires to establish affirmative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance, which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Repeal of Ordinances. On the effective date of this Ordinance, the following Collier County Ordinances are repealed and superseded in their entirety: Ordinance No. 2005 -55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance; Ordinance No. 2004- 46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No. 1997 -35, as amended, known as the Collier County Code Enforcement Citation Ordinance. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I. General Section I. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree, by resolution of the governing bodies of both the County and the municipality, to have this Ordinance apply and be enforced in the municipality. Section 3. Purpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County, Florida Page 2 of 14 Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to writing. Person means an individual, association, firm, partnership, corporation, or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers. Public nuisance means those nuisances as identified in either § 893.138 or § 823.05, Florida Statutes, or other statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi - judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations. Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to carry out their duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. Section 6. Powers and duties. (1) Both an Enforcement Board and a Special Magistrate shall have the power to: (a) Adopt rules and regulations for the conduct of hearings; (b) Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; (c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person; (d) Take testimony under oath; (e) Hold hearings on notices of violations; (t) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; (g) Assess administrative fines, costs, and to impose liens and order the payment of such fines, as provided for herein; (h) Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the enforcement board; and (i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. Page 3 of 14 • 1. • ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board Section 1. There shall be one or more Enforcement Boards which shall, from time to time, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County codes or ordinances. Section 2. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor. and a realtor. Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier County and shall serve without compensation. Section 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. Section 5. Terms of office shall be in accordance with Ordinance No. 2001 -55, as it may be amended. Section 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001 -55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically terminate. Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 8. The initial appointments to the Enforcement Board shall be as follows: (1) Two members shall be appointed for a term of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a term of two years and one alternate member shall be appointed for a term of three years. (5) Thereafter, all appointments shall be made by the Commission for a term of three years. (6) In the event any member's term, including that of any alternate member's term, expires during the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired term shall automatically be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. Section 9. Organization of the Enforcement Board. (1) An Enforcement Board shall consist of a chairperson, a vice - chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the regular voting Enforcement Board members. (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. Page 4 of 14 « i (6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001 -55, as it may be amended. ARTICLE III. Special Magistrate Section 1. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. Section 2. Qualification, appointment, and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, '(b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (c) be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge, and (e) meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two -year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission. ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement Board, and the Special Magistrate Section 1. Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. (4) if the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction in the notice, the Code Enforcement Officer may either issue a citation or schedule the case for hearing, and the notice of hearing shall so state. If the Code Enforcement Officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. Page 5 of 14 7— No " 3::f BA (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. (7) If the owner of property which is subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violator /transferor; c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding; and d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 2. Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (1) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article 1, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non - criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. (2) Upon the making of more than two complaints within a six -month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail, return receipt requested, to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his /her designee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this division. The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the Enforcement Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall include: a. A statement of the time, place and nature of the hearing; Page 6 of 14 • • b. A statement of the legal authority and jurisdiction under which the hearing is to be held; c. A reference to the particular sections of the statutes and ordinances involved; and d. A short and plain statement summarizing the nuisance, which is the subject of the complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (1) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance Abatement Board or Special Magistrate, respectively. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. (2) A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items. (3) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the Secretary of the Enforcement Board. The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in § 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena. Section 4. Conduct of hearing. (1) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. (c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue. (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. (f) All testimony shall be under oath and shall be recorded by a certified court reporter and /or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. (g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross - examine opposing witnesses, impeach witnesses and rebut evidence. The Violator may be represented by legal counsel at all hearings. 0) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the Page 7 of 14 evidence. The decision shall then be sent, by regular First Class United States Mail, to the Violator in the form of a written Order including findings of fact and conclusions of law based on evidence ofrecord. (k) Should an Enforcement Board or Special Magistrate be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection (1)(j) of this Section. (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violation(s) concem(s) real property, and the findings therein shall be binding upon the Violator and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest, or assigns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by the County. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate, but shall not exceed the costs incurred. (2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriffs Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schedule hearings, assisting Code Enforcement Department staff in serving any notices required under this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may be given an opportunity to present oral or written communications, in which event all parties shall be given an opportunity to cross - examine, challenge, or rebut said material. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (c) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An Order entered under subsection (b) shall expire after one year or at such earlier time as stated in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized person, may bring a complaint under § 60.05, Florida Statutes, seeking a permanent injunction against any public nuisance. Section 5. Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first violation continues past the date set for compliance by the Enforcement Board or Special Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has been repeated, and a hearing shall not be necessary for the issuance of the Order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000.00 per violation. (2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate, as the case may be, shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the Violator to correct the violation; and (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250.00 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed $500.00 per day. Page 8 of 14 (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of § 893.138, Florida Statutes, shall not exceed $15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, and upon any other real or personal property owned by the Violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Section may be foreclosed on real property that is a homestead under Article X, Section 4 of the Florida Constitution. (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 6. Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorney and/or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, if the Violator does not own the land, upon any other real or personal property owned by the Violator. Upon petition to the circuit court, said order /lien may be enforced in the same manner as a court judgment except for enforcement purposes. After one year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in § 55.03, Florida Statutes, as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to the provisions of this Section may be foreclosed on real property that is a homestead under Article X, Section Four of the Florida Constitution. Section 7. Rehearing of Enforcement Board or Special Magistrate action. (1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be filed with the Secretary to the Enforcement Board, and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate, within ten days of the date of receipt of the written Order of the Enforcement Board or Special Magistrate, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it may either: (a) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specific reasons for which the rehearing was granted; or (b) Modify or reverse the prior order, without receiving further evidence, provided that any modification is based on a finding that the prior decision of the Enforcement Board or Special Page 9 of 14 • i • Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling. (3) The Order of the Enforcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the Order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. Section 8. Appeals. (1) With the exception of violations of Ordinance No. 72 -8; Ordinance No. 74 -9, as amended; Ordinance No. 76 -13; and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be filed within 30 days of the execution of the Order to be appealed. (2) For violations of Ordinance No. 72 -8; Ordinance No. 74 -9, as amended; Ordinance No. 76 -13; and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to the County Court for a trial de novo on the merits within 30 days of the execution of the Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to the proceedings before an Enforcement Board or Special Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9. Notices. (1) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's offices for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below, and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand- delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the Commission; (c) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1) above, at the option of the Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at or near the front door of the Collier County Courthouse. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. (5) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1) of this Section. (6) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1) of this Section, together with proof of publication or posting, shall be sufficient to Page 10 of 14 9 i show that the notice requirements of this Section have been met, without regard to whether or not the Violator actually received such notice. (7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to, and accepted by, the Violator or his or her agent or other person in the household or business, or where a Code Enforcement Officer, under oath testifies that he /she did hand - deliver the notice to the Violator. ARTICLE V. Code Enforcement Citation Regulations Section 1. Purpose and Authority. It is the intent of this Article to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162, Florida Statutes, Part II. Section 2. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. (1) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of §§ 943.085- 943.255, Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations /notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: (1) The citation and notice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear procedures. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code officer. a. Enforcement policies. 1. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. d. Court data. e. Practice writing citations and notices to appear. (4) Signature of code Violator and /or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public contact. a. How to handle difficult situations. b. Angry people. (6) Sworn statements. (7) Keeping f les. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. c. Testimony. Page I I of 14 F A it d. Judges. Section 4. Powers and duties of designated Code Enforcement Officers. (1) It shall be the duty of those persons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any duly enacted county codes or ordinances. (2) As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article. Section 5. Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. Section 6. Citation and notice to appear procedures. (1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand - delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices, citations, and notices to appear; said warning notices, citations, and notices to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear, the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear; or (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and /or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty $500.00. (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certified copy of said judgment in the official records of the county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk Page 12 of 14 • of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County. (7) The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforcement, pursuant to §§ 553.79 and 553.80, Florida Statutes, of the Building Codes adopted pursuant to § 553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to § 553.73, Florida Statutes. Section 7. Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of $500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article. (2) Schedule of violations and penalties: For uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00, second offense $255.00, and third or more offense $405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court. (b) If a person elects to contest a citation or notice to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court. (4) If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083, Florida Statutes. Page 13 of 14 (6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and; (b) All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI. Affirmative Defense Section 1. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with such alleged failure demonstrates to the Building Official, as defined by the Florida Building Code, by a preponderance of the evidence, that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: 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 relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DDhULY ADOPTED by the Board of County Commissioners of Collier County, Florida this U day of 12007. ,,. , County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA By: ES COLETTA, Chairman Page 14 of 14 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: nrn� �N Normal legal Advertisement XX ❑ Other: (Display Adv., location, etc.) ses * * * * * * * *sr ** rasa *s *sr * * *s * * * * ** ass****** ss* sm****■ t■ s****** �* mx**** �r*►* ►r * *sx *s * * * *■. * *r * *ra * *sr * * *� ** Originating Dept/ Div: County Attorney Person: David C. Weigel Date: March 26, 2007 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC XX 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): XX Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ESTABLISHING TEMPORARY OR PERMANENT RESIDENCES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING PROPERTY OWNERS FROM RENTING AND /OR LEASING ALL OR PORTIONS OF REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ENTERING PUBLIC PARKS, SCHOOLS OR DAY CARE CENTERS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR EXCEPTIONS TO THE STANDARDS SET, PROVIDING FOR THE SPECIFIC APPLICABILITY IN UNINCORPORATED AND INCORPORATED COLLIER COUNTY, PROVIDING FOR PENALITIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? Wes ❑ No If Yes, what account should be charged for advertising costs: 001- 010510 —s-- --- 1'� _ A r Robert N. List Attachments: (1) Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: U 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. �* as. x» �*** x��rts* a�xs�s** axrr* ar�x��x***** rxx*** �xa* r►* r* r�******* axs****** * * * * *► * * * * * * *s:e * * * * *► * * * * * * *rs FOR CLERK'S OFFICE USE ONLY: /� Date Received: -? Date of Public hearing: �on-y _,� Date Advertised: "r SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 1. Findings and Intent. (a) Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders that prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this Article to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the County, in unincorporated areas as well as incorporated areas, by creating areas around certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (c) It is the intention of this Article to be regulatory in nature and non- punitive, relating to the purpose of promoting, protecting and improving the health, safety and welfare of all the citizens of Collier County and to protect the children of Collier County from potential sexual abuse by convicted sexual offenders and sexual predators. Sec. 2. Applicability. This Article shall apply to incorporated as well as unincorporated areas of Collier County. Sec. 3. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Permanent Residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. Park means an area of land set aside for public use or maintained for public recreational and ornamental purposes, usually consisting of grass, tree, paths, sports fields, playgrounds, picnic area and/or other features for amusement and relaxation. Child, for purposes of this Ordinance, shall mean a person under the age of sixteen (16) years. Sec. 4. Sexual offender and sexual predator residence prohibition; penalties; exceptions. (a) Prohibited location of residence. It is unlawful for any person who has been convicted of a violation of Fla. Stat. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to establish a permanent residence or temporary residence within 2,500 feet of any school, day care center, park, or playground. (b) This subsection applies to any person convicted of an offense described in subparagraph (a) which occurs on or after May 1, 2007. 2 8B . (c) Measurement of distance. For purposes of determining the minimum distance separation required under this section, the requirement shall be measured by following the shortest straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, day care center, park, or playground without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, if the residential dwelling unit of the restricted sexual offender is within a cooperative, condominium, or apartment building, the parcel of real property described in this paragraph consists of the parcel of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender is located. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment, in accordance with Fla. Stat. Ch. 125.01 (t) and Ch. 125.69 (1). (e) Exceptions. A person who resides within 2,500 feet of any school, day care center, park, or playground does not commit a violation of this section if any of the following apply: 1) The person had established a permanent residence, or a temporary residence, and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435 or 944.607 prior to April 1, 2007. (2) The person was a minor when he /she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The school, park, playground or day care center within 2,500 feet of the person's permanent residence, or temporary residence, was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435, or 944.607. Sec. 5. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (a) It is unlawful to knowingly let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence, pursuant to Section 4 (a) hereinabove, if such place, structure, or part thereof, trailer or other conveyance is located within 2,500 feet of any school, day care center, park, or playground. (b) A property owner's failure to knowingly comply with provisions of this section shall constitute a violation of this section, and commits a misdemeanor of the second degree, and is punishable as provided by Fla. Stat. Sec. 775.082 (5), or 775.083 (e). (c) It shall be a defense to any alleged violation of this section by a property owner that, prior to rental or lease, he or she used reasonable due diligence and was unable to determine that a prospective tenant of the subject unit or property was a restricted sexual offender or sexual predator intending to occupy the unit or property, and therefore reasonably believed that the prospective tenant was not a sexual offender or sexual predator. Reasonable due diligence shall be defined as that action a property owner should have taken knowing that the Florida Department of Law Enforcement (FDLE) has put into place a toll -free telephone number to call and inquire as to whether an individual appears as a registered sexual offender or sexual predator in the State of Florida, and knowing that both the FDLE and the Sheriff of Collier County has put into place web -sites available to the general public whereby one may easily inquire as to whether an individual is a registered sexual offender or sexual predator. 3 Sec. 6. Access to Schools, parks, or child care facilities. (a) It is unlawful for any person who has been convicted of a violation of Fla. Stat. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly be present in a public school, or park, when a child(ren) under the age of 16 years is present in that school or park, unless the restricted person is a custodial parent or custodial legal guardian of a child present in that school or park. (b) There shall be placed signage at the entrance of each park that includes notification that a sexual offender and/or a sexual predator as defined hereunder shall not be present in the park if a child under the age of 16 years is present, unless the restricted person is the custodial parent or custodial legal guardian of a child present in the park. (c) It is unlawful for any person who has been convicted of a violation of Fla. Stat. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly enter and remain in a child care facility or on its premises unless the restricted person: (1) is dropping off or picking up a child registered at the facility and the restricted person is a custodial parent or custodial legal guardian of that child; (2) remains under the supervision of a facility supervisor or his or her designee while on the facility premises. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment in accordance with Fla. Stat. Ch. 125.01 (t) and Ch. 125.69 (1). Sec. 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, phrase or part of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or subsections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Sec. 8. Inclusion in the Code of Laws and Ordinances. It is the intention of the Board of County Commissioners, and it is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida: that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word Ordinance shall be changed o Section or other appropriate word. Sec. 9. Repeal. All ordinances or parts of ordinances in conflict herewith, or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Sec. 10. Effective Date. This Ordinance shall become effective on May 1, 2007. rd This Ordinance adopted this day of , 2007 after motion, second and majority vote favoring the same. BOARD OF COUNTY COMMISSIONERS BY JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA I:1 Deputy Clerk Approved as to form and Legal sufficiency: - <--/� Robert N. Zac ar Y Es q. . 9 Assistant County Attorney 5 Lkm &'r3 c3cc e 5/ ,9107 May 8, 2007 Dear Commissioners, As a concerned parent in Collier County, I would like to thank you for considering this proposal: "to attempt to Keep Our Children Safe from Predators. I grew up in a very Safe, Family Friendly neighborhood. As one of the children in the neighborhood I /we could go next door, across the street or down the block to play with one or more of the children in my /our neighborhood. When I became a parent I wanted my children to grow up in the same type of community as I did. But Where in Collier County does one find an area like that. How about the neighborhood whose name is synonymous with family: Poinciana Village. If Poinciana Village is known as a family neighborhood, one can only wonder Why a Convicted Sexual Offender would Choose to Reside here. Fortunately, we only have One Registered Sexual Offender. I work with a gentleman that has such a multitude of Sexual Offenders in his neighborhood, that he is afraid to let his daughters to be in their own backyard without an adult. Which is a devastatingly sad statement of our society. If anyone had read the "Naples Daily News Most Wanted" on April 24`h, 2007 I wonder if you where as surprised as I was. The offenses were not Grand Theft or Robbery. They were however Violent Sexual Batteries. Lewd and Lascivious Acts and Molestations. As a matter of Fact, Every Man Listed Was/Is Wanted for a Sexually related Crime. If this is a sign of what's happening not only in Collier County, but also everywhere We Must do Anything and Everything in our power to Protect Our Children. The proposal as to Expanding the Distance where a Predator /Offender can he near Schools, Daycares, Parks etc. from the current distance of 1000 feet to 2500 feet is an good start and desperately necessary. Thank you for your consideration of this essential proposal. Sincerely, Miriam Graham April 2, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance — Sexual Offender /Predator Location of Residence Restrictions 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: 001- 010510 S8y� 5 1 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ESTABLISHING TEMPORARY OR PERMANENT RESIDENCES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING PROPERTY OWNERS FROM RENTING AND /OR LEASING ALL OR PORTIONS OF REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ENTERING PUBLIC PARKS, SCHOOLS OR DAY CARE CENTERS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR EXCEPTIONS TO THE STANDARDS SET, PROVIDING FOR THE SPECIFIC APPLICABILITY IN UNINCORPORATED AND INCORPORATED COLLIER COUNTY, PROVIDNG FOR PENALITIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which r? f. L 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: /s /Teresa Polaski, Deputy Clerk (SEAL) 18 B .4 Teresa L. Polaski To: legals @naplesnews.com Subject: Ordinance- Sexual Offender /Predator Location of Residence Restrictions Attachments: ORD. Sexual Offender & Predator location of Residence.doc; ORD. Sexual Offender & Predator Location of Residence.DOC Legals, Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you ORD. Sexual ORD. Sexual Wender & Predato.. Wender & Predato.. Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa .Polaski @clerk. col Iier.fl.us) Teresa L. Polaski From: ClerkPostmaster Sent: Monday, April 02, 2007 10:49 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT2466534.txt; Ordinance- Sexual Offender /Predator Location of Residence Restrictions El LI ATT2466534.bct Ordinance- Sexual (231 B) Offender /Pre... 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- Sexual Offender/Predator Location of Residence Restrictions Teresa L. Polaski From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, April 03, 2007 8:12 AM To: Teresa L. Polaski Subject: RE: Ordinance- Sexual Offender /Predator Location of Residence Restrictions OK From: Teresa L. Polaski [ mailto: teresa .polaski @clerk.collier.fl.us] Posted At: Monday, April 02, 2007 10:49 AM Posted To: Legals Conversation: Ordinance- Sexual Offender /Predator Location of Residence Restrictions Subject: Ordinance- Sexual Offender /Predator Location of Residence Restrictions Legals, Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you <<ORD, Sexual Offender & Predator location of Residence.doc>> Location of Residence.DOC>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa.Polaski @clerk. col I ier.fl.us) Page 1 of 1 8B <<ORD. Sexual Offender & Predator Under Florida Law, e -mail addresses are public records. Ifyou 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 : Classifieds Results Ordinances and Petitions - 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 Tar iami 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 os follows: AN ORDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING CERTAIN SEXUAL_. OFFENDERS AND SEXUAi... PREDATORS FROM ESIABL:[SHING TEMPORARY OR PERMANFNT RESIDENCES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING PROPERTY OWNERS FROM RENTING AND/OR LEASING ALL OR PORTIONS OF REAL. PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL. PREDATORS WITHIN 2,500 FELT OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ENTFR[NG PUBLIC PARKS, SCHOOLS OR DAY CARE CENTERS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR EXCEPTIONS TO THE STANDARDS SET, PROVIDING FOR THE SPECIFIC APPLICABILITY IN UNINCORPORATED AND INCORPORATED COLLIER COUNTY, PROVIDING FOR PENALI TIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INC[ USION IN THE CODE- OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are Invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers- will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets most 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 unsure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is hased. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teresa Polaski, Deputy Clerk (SEAL) Apr.8 No. 1549/28 Start Date: 04/08/2007 Stop Date: 04/08/2007 Page 1 of 1 • i O http: / /marketplace.naplesnews. comlmach2 /naplsearchISearchAds. action ?Siteld = nap &CatI... 4/10/2007 NAPLES DAILY NEWS Published Dail) Naples_ FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personaltx appeared Phil Lewis, iiho on oath says that they scam °e as the Editor of the Naples Daily. a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida, that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE iNas published in said newspaper I time in the issue on_ April Rtb 2007 :Afhant thrther says that the said Naples Daily Nnys is a newspaper published at Naples, in said Collier Cuunly, Florida, and that the said netrspaper has heretofore been cmninuorrav published in said Collier County, Florida. distributed in Collier and I cc ounnes of Florida each dar and has been entered as ,second class mail matter at the post oCh. ee in Naples. in said Collier Count y. Florida, for a period of 1 :ear next pre, ding the Orst purl real i o tt oil it, attach ed copy of ed, rri- cement. and alilant I unit er says that he has neither paid nor promised any person, Iran or corporation an} discount. rebate. commission or rebind for the purpose Ai caring this adcenisemcni for put ion in the said nco' per. l ( .. igmlture of of lanl) Shorn to and subscribed before nie This Rih Day of April 2007 f/ (SiS>rc of nolarv, bllc) V 11" .1 .,n -u nt, Copies of the proposed o dinance are on file wlth'the Clerk to the Board and are available for inspection. All Inter - toattenpUrtaind 9 twd"o E. !ROCK, era Polaskl, 8B Copies of the proposed o dinance are on file wlth'the Clerk to the Board and are available for inspection. All Inter - toattenpUrtaind 9 twd"o E. !ROCK, era Polaskl, . 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 Originating Dept/ Div: COmm.Dev.Serv. /PlanningPerson: Carolina Valera !/� Date: Petition No. (If none, give brief description): PUDEX- 2006 -AR -9124, Mirasol Petitioner: (Name & Address): Richard Yovanovich, Goodlette, Coleman, & Johnson, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103 Jennifer Castillo, PMS, Inc. of Naples, 2335 N. Tamiami Trail, Suite 408, Naples, Fla. 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) IMCOLLIER Joint Venture, 6704 Lone Oak Blvd., Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: 518107 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: PUDEX - 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15, and 22, Section 48 South, and Range 26 East, in Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: Approved by: Q Date Department Head Date 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 sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: �� G'� Date Advertised:._(. c��- To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson:, Carolina Valera G'V• Date: 12•11 • OG Petition No. (If none, give brief description): PUDEX- 2006•AR -9124, Mirasol Petitioner: (Name & Address): Richard Yovanovich, Goodlette, Coleman, & Johnson, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) IMCOLLIER Joint Venture, 6704 Lone Oak Blvd., Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: 1/9/07 Based on advertisement appearing 15 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDEX - 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15, and 22, 8 South, and Range 26 East, in Collier County, Florida. i A Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: ,dam. �..-� is zll — epartrnent Head Date County Manager Date List Attachments: A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: 7 07 ) /407 Date Received 3'11, ()to_ Date of Public hearing: Date Advertised: 8C r 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 Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson:, Carolina Valera G'V• Date: 12•11 • OG Petition No. (If none, give brief description): PUDEX- 2006•AR -9124, Mirasol Petitioner: (Name & Address): Richard Yovanovich, Goodlette, Coleman, & Johnson, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) IMCOLLIER Joint Venture, 6704 Lone Oak Blvd., Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: 1/9/07 Based on advertisement appearing 15 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDEX - 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15, and 22, 8 South, and Range 26 East, in Collier County, Florida. i A Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: ,dam. �..-� is zll — epartrnent Head Date County Manager Date List Attachments: A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: 7 07 ) /407 Date Received 3'11, ()to_ Date of Public hearing: Date Advertised: RESOLUTION NO. 07 — A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND. DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 01 -20 KNOWN AS MIRASOL PUD, EXTENDING THE CURRENT PUD APPROVAL TO APRIL 24.20 10; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier Boulevard Mixed Use Commerce Center PUD, Ordinance Number 01 -20 adopted on April 24, 2001, is subject to the provisions of Section 10.02.13 A., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts, together with its respective Master Plan; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the PUD zoning classification for four (4) years, until April 24, 2010. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA, that 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section I D.02.13.D. of the LDC. 3. Pursuant to said section of the LDC, the PUD approval is hetoby extended to March 24, 2010 at the and of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of , 2007. ATTEST: BOARD OF COUNTY COMMIE DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk BY: Page 1 of 2 , CHAIRMAN V C i 3 December 12, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124: Mirasol PUD Dear Legals: Please advertise the above referenced petition on Sunday, December 24, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn Deputy Clerk Enclosure P.O. #113 - 138312- 649110 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 9, 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: PUDEX- 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds 83 C , '?? December 12, 2006 Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 9, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejoh Q n, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.coflier.fl.us Email- collierclerk(a,clerk.collier.Mus Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds December 12, 2006 IMCollier Joint Venture 6704 Lone Oak Boulevard Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 9, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 24, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (kiLtx in&tt"" '0 -C . Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.cotlier.fl.us Email- cotlierclerkna clerk.collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDEX- 2006 -AR -9124 - Mirasol PUD Attachments: PUDEX- 2006- AR- 9124.doc; PUDEX- 2006- AR- 9124.doc Hi, Please advertise the attached on 5unday December 24, 2006. LE PUDEX- 2006 -AR -9I PUDEX- 2006 -AR -91 Thank you, 24.doc (23 KB)... 24.doc (23 KB)... Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jenne john @clerk.collier.fl.us) Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, December 12, 2006 11:51 AM To: Ann P. Jennejohn Subject: Delivered: PUDEX - 2006 -AR -9124 - Mirasol PUD Attachments: PUDEX- 2006 -AR -9124 - Mirasol PUD t '. PUDEX - 2006 -AR -91 24 - Mirasol P... <<PUDEX- 2006 -AR -9124 - Mirasol PUD>> Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124 - Mirasol PUD Sent: Tue, 12 Dec 2006 11:49:57 -0500 was delivered to the following recipient(s): legals, NDN on Tue, 12 Dec 2006 11:51:01 -0500 PUDEX- 2006 -AR -9124 - Mirasol PUD Page I of 1 8C A1 Ann P. Jennejohn From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, December 12, 2006 11:58 AM To: Ann P. Jennejohn Subject: RE: PUDEX- 2006 -AR -9124 - Mirasol PUD OK From: Ann P. Jennejohn [mai Ito: Ann .Jennejohn @clerk.collier.fl. us] Sent: Tuesday, December 12, 2006 11:50 AM To: legals@napiesnews.com Subject: PUDEX- 2006 -AR -9124 - Mirasol PUD Please advertise the attached on Sunday December 24, 2006. Thank you, «PUDEX- 2006- AR- 9124.doc>> «PUDEX- 2006- AR- 9124.doc>> Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann.Jenne john@clerk.collier.fl.us) 12/12/2006 Message Teresa L. Dillard Page 1 of 1 From: valera_c [CarolinaValera@colIiergov.net] Sent: Thursday, December 14, 2006 1:45 PM To: Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon; RamirezHeather Cc: SchmittJoseph; Murray, Susan; Bellows, Ray Subject: PUDEX- 2006 -AR -9124: Mirasol PUD extension scheduled for January 9, 2007 Please note that petition PUDEX- 2006 -AR -9124, Mirasol PUD, is being requested to be continued to the February 27th, 2007 BCC hearing. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [mailto:jennifercastillo @pmsnaples.com] Sent: Thursday, December 14, 2006 9:22 AM To: valera_c Subject: Mirasol PUD ext AR #9124 Carolina, After getting the sign ready for the property... the owner called and wants the hearing continued until February 27th, 2007. I will be sending you the form to make it official. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 12/14/2006 Message Teresa L. Dillard From: martin_c [CeciliaMartin @colliergov.net] Sent: Thursday, December 14, 2006 4:02 PM To: Minutes and Records Cc: Valera, Carolina; Johnson, Connie; Brock, Mary; Phillips, Sharon; CarrelDanelle Subject: FW: PUDEX- 2006 -AR -9124: Mirasol PUD extension scheduled for January 9, 2007 This will go past the 5 week readvertising requirement, please readvertise for 2/27/07. Thank You. From: valera_c Sent: Thursday, December 14, 2006 1:45 PM To: johnson_c; martin—c; 'Minutes and Records'; phillips_s; RamirezHeather Cc: Schmittloseph; murray_s; bellows_r Subject: PUDEX - 2006 -AR -9124: Mirasol PUD extension scheduled for January 9, 2007 Page 1 of 1 U Please note that petition PUDEX - 2006 -AR -9124, Mirasol PUD, is being requested to be continued to the February 27th, 2007 BCC hearing. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [mailto:jennifercastillo @pmsnaples.com] Sent: Thursday, December 14, 2006 9:22 AM To: valera_c Subject: Mirasol PUD ext AR #9124 Carolina, After getting the sign ready for the property... the owner called and wants the hearing continued until February 27th, 2007. I will be sending you the form to make it official. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 12/14/2006 Teresa L. Dillard PC To: legals @naplesnews.com Subject: P U D EX -20 06 -A R -9124 Legals, Please KILL ad PUDEX- 2006 -AR -9124, Mirasol PUD, to run on December 24, 2006. Please call if any questions, Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Di (lard @clerk.col l ier.fl. us) Teresa L. Dillard From: ClerkPostmaster Sent: Thursday, December 14, 2006 4:14 PM To: Teresa L. Dillard Subject: Delivery Status Notification (Relay) Attachments: ATT749769.txt; PUDEX- 2006 -AR -9124 V LJ ATr749769.txt PUDEX- 2006 -AR -91 (231 B) 24 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 Teresa L. Dillard P From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, December 14, 2006 4:14 PM To: Teresa L. Dillard Subject: Delivered: PUDEX- 2006 -AR -9124 Attachments: PUDEX- 2006 -AR -9124 I PUDEX - 2006 -AR -91 24 <<PUDEX- 2006 -AR- 9124» Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124 Sent: Thu, 14 Dec 2006 16:14:00 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 14 Dec 2006 16:14:07 -0500 1 PUDEX- 2006 -AR -9124 Teresa L. Dillard From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, December 14, 2006 4:56 PM To: Teresa L. Dillard Subject: RE: PUDEX- 2006 -AR -9124 MEN From: Teresa L. Dillard [mailto: Teresa .Dillard @clerk.collier.fl.us] Sent: Thursday, December 14, 2006 4:14 PM To: Iegals @naplesnews.com Subject: PUDEX- 2006 -AR -9124 Legals, Please KILL ad PUDEX- 2006 -AR -9124, Mirasol PUD, to run on December 24, 2006. Please call if any questions, Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Dill lard@c lerk.col lier.fl. us) 12/14/2006 Page 1 of 1 t g C ;1,1 January 11, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124: Mirasol PUD Dear Legals: Please advertise the above referenced petition on Sunday, February 11, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara Deputy Clerk Enclosure P.O. #113 - 138312 - 649110 S f NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 27, 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: PUDEX- 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 'Couilty -of Collier C CLERK OF TH8 CIRCUIT COURT COLLIER COUNTY URT OUSE Dwight E. Brock 3301 TAMIAMI TAIL EAT Clerk of Courts Clerk of Courts P.O. BOX 411044 Accountant NAPLES, FLORIDA94101 -3644 Auditor Custodian of County Funds January 11, 2007 -' Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.c1erk.co11ierf1.us Email: collierclerk(kclerk.couier.fl.us Calm, iY of Collier 8 C CLERK OF THE CIRCUIT COURT COLLIER COUNTY UR OUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 4i�044 Accountant NAPLES, FLORIDA'\34101 -3644 Auditor V1, Custodian of County Funds January 11, 2007 IMCollier Joint Venture 6704 Lone Oak Boulevard Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUDEX - 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on February 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl_us Email: collierclerk na,clerk.collierfl.us MW Martha S. Vergara From: ClerkPostmaster Sent: Thursday, January 11, 2007 2:08 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT1466488.txt; PUDEX- 2006 -AR -9124 ATT1466488.txt (231 B) I PUDEX- 2006 -AR -91 24 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Vergara From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, January 11, 2007 2:08 PM To: Martha S. Vergara Subject: Delivered: PUDEX- 2006 -AR -9124 Attachments: PUDEX- 2006 -AR -9124 LI PUDEX- 2006 -AR -91 24 <<PUDEX- 2006- AR -9124>> Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124 Sent: Thu, 11 Jan 2007 14:07:45 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 11 Jan 2007 14:07:55 -0500 1 Page 1 of 1 C U 2,Ay a.� Martha S. Vergara From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Thursday, January 11, 2007 2:20 PM To: Martha S. Vergara Subject: RE: PUDEX - 2006 -AR -9124 OK (Feb. 11) From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Thursday, January 11, 2007 2:08 PM To: legals@napiesnews.com Subject: PUDEX- 2006 -AR -9124 Pam, Here's another one for you. Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/11/2007 Message Ann P. Jennejohn Page 1 of 1 From: valera_c [CarolinaValera @colIiergov.net] Sent: Tuesday, February 06, 2007 10:01 AM To: SchmittJoseph; Murray, Susan; Bellows, Ray; cecliamartin @colliergov.net; Brock, Mary; CarrelDanelle; Filson, Sue; Johnson, Connie; Minutes and Records; Phillips, Sharon Cc: Jennifer Castillo Subject: Mirasol PUD ext: PUDEX- 2006 -AR -9124 To all, Please note that petition PUDEX- 2006 -AR -9124, Mirasol PUD, has been continued from the February 27 BCC hearing date to the March 27 BCC. Please advertise for March 27 BCC. Thank you CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [ mailto: jennifercastillo @pmsnaples.com] Sent: Monday, February 05, 2007 5:02 PM To: valera_c Cc: cecliamartin @colliergov.net Subject: Mirasol PUD ext Carolina, We would like to continue the PUD extension hearing that was set for Feb 27th, 2007 to March 27th, 2007. We are expecting documents from state and federal agencies that we wish to include in our package of documents to the BCC. I will send you the proper continuance form tomorrow morning. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 2/6/2007 Ann P. Jennejohn 8G From: Ann P. Jennejohn Sent: Tuesday, February 06, 2007 10:15 AM To: legals @naplesnews.com Subject: PUDEX - 2006 -AR -9124, Mirasol PUD Good Morning, Please "kill" the above referenced petition (PUDEX- 2006 -AR -9124: Mirasol) that was scheduled to run this Sunday, February 11, 2007. Thank you, Ann Clerk to the Board Minutes & Records Department 774 -8406 (ann.Jenne john@clerk.collier.fl.us) i Ann P. Jennejohn � 8 w From: ClerkPostmaster Sent: Tuesday, February 06, 2007 10:15 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT2655644.txt, PUDEX- 2006 -AR -9124, Mirasol PUD El .— I AT72655644.bd PUDEX- 2006 -AR -91 (229 B) 24, Mirasol PU... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ann P. Jennejohn �► From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, February 06, 2007 10:15 AM To: Ann P.Jennejohn Subject: Delivered: PUDEX - 2006 -AR -9124, Mirasol PUD Attachments: PUDEX- 2006 -AR -9124, Mirasol PUD PUDEX - 2006 -AR -91 24, Mirasol PU... <<PUDEX- 2006 -AR -9124, Mirasol PUD» Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124, Mirasol PUD Sent: Tue, 6 Feb 2007 10:14:39 -0500 was delivered to the following recipient(s): legals, NDN on Tue, 6 Feb 2007 10:14:45 -0500 1 PUDEX- 2006 -AR -9124, Mirasol PUD Ann P. Jennejohn From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, February 06, 2007 10:26 AM To: Ann P. Jennejohn Subject: RE: PUDEX- 2006 -AR -9124, Mirasol PUD NO From: Ann P. Jennejohn [mai Ito: Ann .Jennejohn @clerk.collier.fl.us] Sent: Tuesday, February 06, 2007 10:15 AM To: legals @naplesnews.com Subject: PUDEX - 2006 -AR -9124, Mirasol PUD Good Morning, Please "kill" the above referenced petition (PUDEX- 2006 -AR -9124: Mirasol) that was scheduled to run this Sunday, February 11, 2007. Thank you, Ann Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) Page 1 of 1 8C a Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/6/2007 Message Ann P. Jennejohn From: martin_c [CeciliaMartin @colliergov.net] Sent: Tuesday, February 06, 2007 10:18 AM To: Valera, Carolina Cc: Minutes and Records Subject: RE: Mirasol PUD ext: PUDEX- 2006 -AR -9124 Thanks, I will just show this as being advertised for the March 27th BCC meeting on my calendar. From: valera_c Sent: Tuesday, February 06, 2007 10:03 AM To: martin_c Subject: FW: Mirasol PUD ext: PUDEX- 2006 -AR -9124 misspelled your e-mail below... Page 1 of 2 From: valera_c Sent: Tuesday, February 06, 2007 10:01 AM To: Schmittloseph; murray_s; bellows—r; cecliamartin @colliergov.net; brock_m; CarrelDanelle; filson_s; johnson_c; 'Minutes and Records'; phillips_s Cc: 'Jennifer Castillo' Subject: Mirasol PUD ext: PUDEX- 2006 -AR -9124 To all Please note that petition PUDEX- 2006 -AR -9124, Mirasol PUD, has been continued from the February 27 BCC hearing date to the March 27 BCC. Please advertise for March 27 BCC. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [mailto: jennifercastillo @pmsnaples.com] Sent: Monday, February 05, 2007 5:02 PM To: valera_c Cc: cecliamartin @colliergov.net Subject: Mirasol PUD ext Carolina, We would like to continue the PUD extension hearing that was set for Feb 27th, 2007 to March 27th, 2007. We are expecting documents from state and federal agencies that we wish to include in our package of documents 2/6/2007 Message to the BCC. I will send you the proper continuance form tomorrow morning. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 2/6/2007 Page 2 of 2 8C " 1 P" n �I 1 1 MI February 6, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124: Mirasol PUD Dear Legals: Please advertise the above referenced petition on Sunday, March 11, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn Deputy Clerk Attachment P.O. #113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 27, 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: PUDEX- 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) CLERK OF THE CIF Dwight E. Brock COLLIER COUNTY C g 3301 TAMIAMI TR Clerk of Courts P.O. BOX 0'. NAPLES, FLORIDA February 6, 2007 IMCollier Joint Venture 6704 Lone Oak Boulevard Naples, FL 34109 COURT Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on March 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK kukk 0 Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(a clerk.collierfl.us CLERK OF THE CIRCUIT COUNTY Dwight E. Brock COLLIER 3301 TAMIAM TRAILER I Clerk of Courts P.O. BOX 41044 NAPLES, FLORIDA 3 `4 4101 -30r February 6, 2007 - Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 COURT Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK � QX Ann Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(i clerk.collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDEX- 2006 -AR -9124; Mirasol Attachments: PUDEX- 2006- AR- 9124(2).doc; PUDEX- 2006- AR- 9124(2).doc Please advertise the attached on Sunday, March 11, 2007. Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) 1 G I. 0 PUDEX - 2006 -AR -91 PUDEX- 2006-AR -91 Thank you, 24(2).doc (24 ... 24(2).doc (23 ... Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) 1 G I. Ann P. Jennejohn " From: ClerkPostmaster Sent: Tuesday, February 06, 2007 11:47 AM To: Ann P.Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT2657959.txt; PUDEX- 2006 -AR -9124; Mirasol D ILI ATT2657959.txt PUDEX - 2006 -AR -91 (229 6) 24; Mirasol This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jenneiohn 8C ! From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, February 06, 2007 11:47 AM To: Ann P.Jennejohn Subject: Delivered: PUDEX- 2006 -AR -9124; Mirasol Attachments: PUDEX- 2006 -AR -9124; Mirasol LI PUDEX- 2006 -AR -91 24; Mirasol « PUDEX- 2006 -AR -9124; Mirasol» Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124; Mirasol Sent: Tue, 6 Feb 2007 11:46:48 -0500 was delivered to the following recipient(s): legals, NDN on Tue, 6 Feb 2007 11:46:52 -0500 1 PUDEX- 2006 -AR -9124; Mirasol Page 1 of 1 Q V C II Ann P. Jennejohn From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, February 06, 2007 11:59 AM To: Ann P. Jennejohn Subject: RE: PUDEX- 2006 -AR -9124; Mirasol OK From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Tuesday, February 06, 2007 11:47 AM To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124; Mirasol Please advertise the attached on Sunday, March 11, 2007. Thank you, «PUDEX- 2006- AR- 9124(2).doc>> «PUDEX- 2006- AR- 9124(2).doc>> Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@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. 2/6/2007 P 8C Teresa L. Dillard To: legals @naplesnews.com Subject: PUDEX- 2006 -AR -9124; Mirasol PUD Legals, Please KILL ad PUDEX- 2006 -AR -9124; Mirasol PUD. It was to run on Sunday March 11, 2007. Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa.Dil lard@clerk.coll ier.fl.us) PUDEX- 2006 -AR -9124; Mirasol PUD M Page 1 of 1 F Teresa L. Dillard From: Perrell, Pam [paperrell @naplesnews.com] Sent: Wednesday, February 21, 2007 10:22 AM To: Teresa L. Dillard Subject: RE: PUDEX- 2006 -AR -9124; Mirasol PUD 1W From: Teresa L. Dillard [mailto: Teresa .Dillard @clerk.collier.fl.us] Sent: Wednesday, February 21, 2007 10:04 AM To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124; Mirasol PUD Legals, Please KILL ad PUDEX- 2006 -AR -9124; Mirasol PUD. It was to run on Sunday March 11, 2007. Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Dil lard@c lerk.collier.fl. us) 2/21/2007 Message Teresa L. Dillard Page 1 of 1 8C° J; From: murray_s [SusanMurray @colIiergov.net] Sent: Wednesday, February 21, 2007 11:44 AM To: Valera, Carolina; Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon; RamirezHeather; CarrelDanelle Cc: SchmittJoseph; Bellows, Ray; Mudd, James; Bodine, Judi Subject: RE: PUDEX- 2006 -AR -9124: Mirasol PUD extension scheduled for February 27, 2007 Carolina, depending on how the rest of the schedule works out with thpse petitions already scheduled on the 10th a e 24th of April agendas, per Jim Mudd, both agendas are full. he earliest this could be continued to is ay Please advise your clients. Susan From: valera_c Sent: Wednesday, February 21, 2007 9:45 AM To: johnson_c; martin _c; 'Minutes and Records'; phillips_s; RamirezHeather; CarrelDanelle Cc: SchmittJoseph; murray_s; bellows_r Subject: RE: PUDEX- 2006 -AR -9124: Mirasol PUD extension scheduled for February 27, 2007 Please note that petition PUDEX- 2006 -AR -9124, Mirasol PUD, is being requested to be continued to the April 10 th, 2007 BCC hearing. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 2/21/2007 Message Ann P. Jennejohn From: valera_c [CarolinaValera @colliergov.net] Sent: Wednesday, February 21, 2007 9:45 AM To: Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon; RamirezHeather; CarrelDanelle Cc: SchmittJoseph; Murray, Susan; Bellows, Ray Subject: RE: PUDEX- 2006 -AR -9124: Mirasol PUD extension scheduled for February 27, 2007 Page 1 of 1 * °f s Please note that petition PUDEX - 2006 -AR -9124, Mirasol PUD, is being requested to be continued to the April 10 th, 2007 BCC hearing. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 2/21/2007 Re: Mirasol Staff concurrence on your proposed changes would sure move things along. Jim From: Richard Yovanovich [mailto:ryovanovich @gcjlaw.com] Sent: Wednesday, February 21, 2007 7:35 PM To: mudd i Subject: Re: Mirasol Page 2 of 3 The admin hearing for the SFWMD permit is the second meeting in April and the first meeting in May. I really need it to be April 10 if there is any way I can get that date. - - - -- Original Message---- - From: mudd_j <JamesMudd @colliergov.net> To: Richard Yovanovich Sent: Wed Feb 21 19:30:15 2007 Subject: RE: Mirasol Rich, Not trying to be hard to work with just getting agenda crazy. One week the agenda is so full of rezones we need extra days and then there are ones which have none. If you have to go to the May 8th, I'll even give you the time certain slot of 1 PM. Jim From: Richard Yovanovich [mailto:ryovanovich @gcjlaw.com] Sent: Wednesday, February 21, 2007 7:26 PM To: mudd_j Subject: Re: Mirasol I will let you know tomorrow if that is ok. - - - -- Original Message---- - From: mudd_j <JamesMudd @colliergov.net> To: Richard Yovanovich CC: SchmittJoseph <JosephSchmitt@colliergov.net>; DAMilarcik @aol.com <DAMilarcik @aol.com >; karenbishop @pmsnaples.com <karenbishop @pmsnaples. com> Sent: Wed Feb 21 19:20:46 2007 Subject: RE: Mirasol Rich, You are asking me to put you on an agenda that is already full of rezone items. Right now you are on the 27 of March agenda, stay there or move to the May 8 meeting that is pretty much free of rezones. Jim From: Richard Yovanovich [mailto_;ryov_anovich agcjlaw.com] Sent: Wednesday, February 21, 2007 6:05 PM To: mudd-j Cc: SchmittJoseph; DAMilarcik @aol.com; karenbishop @pmsnaples.com 2/27/2007 Re: Mirasol Subject: Mirasol Jim Page 3 of 3 Can we get on tha April 10 BCC hearing? We need that date due to scheduling conflicts. I understand we need your ok to get on that agenda. We have been working with your environmental staff to finalize some comments and we should have them resolved shortly. Please give me a call on my cell phone 860 -3630. Thanks. 2/27/2007 Message Patricia L. Morgan From: valera_c [CarolinaValera @colliergov.net] Sent: Tuesday, February 27, 2007 9:43 AM To: Martin, Cecilia; Minutes and Records; Brock, Mary; Filson, Sue Cc: Johnson, Connie; Phillips, Sharon Subject: FW: Mirasol AR #9124 Cecilia, They will keep the March 27th BCC hearing. CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [ mailto: jennifercastillo @pmsnaples.com] Sent: Tuesday, February 27, 2007 8:11 AM To: valera_c Cc: Karen Bishop Subject: RE: Mirasol AR #9124 Pagel o1`2 8 Ok, I will get you another continuance form ............ I will let Karen know that you are looking for the history. I think she may still be working on it... - - - -- Original Message---- - From: valera_c [ mailto :CarolinaValera @colliergov.net] Sent: Monday, February 26, 2007 5:07 PM To: Jennifer Castillo Subject: RE: Mirasol AR #9124 Please send me a revised continuance form. Also, can you please send me the history on this project? Karen sent me an outline with meeting dates, but the outline does not tell the story. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [ mailto: jennifercastillo @pmsnaples.com] Sent: Monday, February 26, 2007 2:50 PM To: valera_c Cc: cecliamartin @colliergov.net Subject: Mirasol AR #9124 2/27/2007 Message Carolina, We would like to keep the March 27th, 2007 hearing date for the PUD extension. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 2/27/2007 Page 2 of 2 C, Re: Mirasol Ann P. Jennejohn From: martin _c [CeciliaMartin @colliergov.net] Sent: Tuesday, February 27, 2007 12:48 PM To: Minutes and Records Subject: FW: Mirasol From: johnson_c Sent: Tuesday, February 27, 2007 11:40 AM To: valera_c; martin _c Subject: FW: Mirasol FYI From: mudd_j Sent: Monday, February 26, 2007 6:29 PM To: Schmittloseph Cc: murray_s; johnson_c Subject: FW: Mirasol FYI. From: Richard Yovanovich [mailto:ryovanovich @gcjlaw.com] Sent: Monday, February 26, 2007 1:03 PM To: mudd_j Cc: DAMilarcik @aol.com; Karen Bishop; Cooper, Margaret L.; Sylvia Difolco Subject: RE: Mirasol Jim We will take March 27. May 8 is too late for us. Thanks for your help. Rich From: mudd_j [mailto:]amesMudd @colliergov.net] Sent: Friday, February 23, 2007 10:41 AM To: Richard Yovanovich Subject: RE: Mirasol Rich, Pagel of 3 P.,, Staff has no idea what you are proposing to mitigate for the loss of the flow way and as far as I can determine this is a many hour debate. I also know that going to SFWMD for a permit on a development that is sunset is a dicey proposition. What I am telling you is getting on the 10 April meeting agenda will depend upon how time consuming your item will be. Right now, the agenda doesn't have time on it for this contentious item. May 8 has the time. 2/27/2007 f 8 C February 27, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124: Mirasol PUD Dear Legals: Please advertise the above referenced petition on Sunday, March 11, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk Attachment P.O. #113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 27, 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: PUDEX- 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) aunty -of Collier CLERK OF THE CII Dwight E. Brock COLLIER COUNTY C g 3301 TAMIAMI TR Clerk of Courts P.O. BOX 414'. NAPLES, FLORIDA February 27, 2007 Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 f 8 C :UIT COURT JRTl T OUSE AS L E Clerk of Courts 14 Accountant 101 -3044 Auditor Custodian of County Funds Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Ver g ara,, C/ Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl_us Email: collierclerk (aclerk.collier.fl.us LtjI fq of Collier CLERK OF THE C11 Dwi ht E. Brock COLLIER COUNTY C g 3301 TAMIAMI TR Clerk of Courts P.O. BOX 41,': NAPLES, FLORIDA February 27, 2007 IMCollier Joint Venture 6704 Lone Oak Boulevard Naples, FL 34109 COURT Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2007 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK A Martha Vergara, v Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkna clerk.collier.fl.us P C; y, Martha S. Vergara From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, March 01, 2007 9:29 AM To: Martha S. Vergara Subject: Delivered: PUDEX- 2006 -AR -9124 Mirasol Attachments: PUDEX- 2006 -AR -9124 Mirasol LI PUDEX- 2006 -AR -91 24 Mirasol <<PUDEX- 2006 -AR -9124 Mirasol» Your message To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124 Mirasol Sent: Thu, 1 Mar 2007 09:28:36 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 1 Mar 2007 09:28:41 -0500 �iL Martha S. Vergara From: ClerkPostmaster Sent: Thursday, March 01, 2007 9:29 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT207850.txt; PUDEX- 2006 -AR -9124 Mirasol 1 =- LLJ ATT207850.txt PUDEX- 2006 -AR -91 (231 B) 24 Mirasol 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 Page 1 of 1 C Martha S. Vergara From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Thursday, March 01, 2007 9:35 AM To: Martha S. Vergara Subject: RE: PUDEX- 2006 -AR -9124 Mirasol OK From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Thursday, March 01, 2007 9:29 AM To: legals@naplesnews.com Subject: PUDEX- 2006 -AR -9124 Mirasol Morning Pam, I have an ad for you. Thanks Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not wantyour 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. 3/1/2007 Mirasol, PUDEX- 2006 -AR -9124 Martha S. Vergara From: valera_c [CarolinaValera @colliergov.net] Sent: Wednesday, March 07, 2007 5:07 PM To: Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon Cc: SchmittJoseph; Murray, Susan; Bellows, Ray Subject: Mirasol, PUDEX- 2006 -AR -9124 Page 1 of 1 8 C ,. Please note that petition PUDEX- 2006 -AR -9124 has been requested by the applicant to be continued from the March 27th to the May 8th BCC hearing date. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: bellows —r Sent: Wednesday, March 07, 2007 11:35 AM To: valera c Cc: murray_s Subject: RE: Mirasol, AR -9124 It should be fine since we only have two petitions on the 8th. From: valera c Sent: Wednesday, March 07, 2007 11:05 AM To: bellows r Cc: murray_s Subject: Mirasol, AR -9124 Ray, The petitioner would like to move the hearing date to May 8th. I checked with Cecilia, and there are only two petitions scheduled for that date. Please let me know if they can be placed on the May 8th BCC agenda. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 3/8/2007 Page 1 of 1 Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, March 08, 2007 9:26 AM To: Martha S. Vergara Subject: RE: Kill Ad OK From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Posted At: Thursday, March 08, 2007 9:02 AM Posted To: Legals Conversation: Kill Ad Subject: Kill Ad Morning Pam, Need to KILL an ad se to run 3/11/07 (this Sunday) if possible. PUDEX- 2006 -AR -9124 Mirasol PUD. Please let me know if either way. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3/8/2007 Message Fax: 239-643-6968 From: valera_c Sent: Thursday, March 08, 2007 10:27 AM To: bellows_r Cc: martin —c Subject: FW: Mirasol Ray, P8e oft () ,y The applicant now indicates that they may want to keep the March 27th BCC hearing date. A final decision will be made after they discuss with the owner at the end of today. As we previously discussed, the petitioner twice verbally notified staff that they want to continue May 8th. The problem with moving the petition back to 3/27 is that the Executive Summary was due for review on March 5th, and based on all the developments and meetings we have had since last Thursday, at this point I don't have a clear direction of what is staff is going to recommend to the BCC. Please let me know what I should inform the applicant. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [ mailto: jennifercastillo @pmsnaples.com] Sent: Thursday, March 08, 2007 9:56 AM To: valera c Subject: Mirasol Carolina, The client has made some new developments since we asked you to move the hearing and is wanting to wait until the end of the day to decide about cancelling the March 27th meeting. Ceclia just informed me that the news ad was cancelled. Is is possible to get the news ad going again for March 27th until we inform you of our final decision today? Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 3/8/2007 Message Patricia L. Morgan From: martin_c [CeciliaMartin @colIiergov.net] Sent: Thursday, March 08, 2007 10:34 AM To: Minutes and Records Subject: FW: Mirasol lx71 From: valera c Sent: Thursday, March 08, 2007 10:27 AM To: bellows_r Cc: martin_c Subject: FW: Mirasol Ray, Page 1 of 1 8G 1 The applicant would like to keep the March 27th BCC hearing date. The problem is that the ad has been cancelled per their previous request to continue the petition to May 8th. The Executive Summary was due for review on March 5th, and based on all the developments and meetings we have had since last Thursday, at this point I don't have a clear direction of what is staff is going to recommend to the BCC. Please let me know what I should inform the applicant. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: Jennifer Castillo [mailto: jennifercastillo @pmsnaples.com] Sent: Thursday, March 08, 2007 9:56 AM To: valera c Subject: Mirasol Carolina, The client has made some new developments since we asked you to move the hearing and is wanting to wait until the end of the day to decide about cancelling the March 27th meeting. Ceclia just informed me that the news ad was cancelled. Is is possible to get the news ad going again for March 27th until we inform you of our final decision today? Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 3/8/2007 Mirasol, PUDEX- 2006 -AR -9124 Patricia L. Morgan From: Patricia L. Morgan on behalf of Minutes and Records Sent: Thursday, March 08, 2007 10:37 AM To: Martin, Cecilia Cc: Valera, Carolina Subject: RE: Mirasol, PUDEX- 2006 -AR -9124 Page 1 of 2 F 8C ' Too rate to kill the adforWirasor It was scheduled to run this Sunday, Warch 11th andwitn receipt of emairpast our deadline witfi NDN(rec6ued email after close of business on March 7-see below), unable to kirlad It wiflrun on fRarch 11th as scheduled andwe wirrrwve to run a new IS -day adfor the Way Stn BCC nearing date, if that is when the applicant wants this petition heard Tfease verify the final date as soon as it has been determined If flay Stn es the date needed, please advise us of that as weft rlhankyou, Board1Kinutes & Records tDept. From: valera_c [ mailto :CarolinaValera @colliergov.net] Sent: Wednesday, March 07, 2007 5:07 PM To: Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon Cc: Schmittloseph; Murray, Susan; Bellows, Ray Subject: Mirasol, PUDEX- 2006 -AR -9124 Please note that petition PUDEX- 2006 -AR -9124 has been requested by the applicant to be continued from the March 27th to the May 8th BCC hearing date. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: bellows —r Sent: Wednesday, March 07, 2007 11:35 AM To: valera c Cc: murray_s Subject: RE: Mirasol, AR -9124 It should be fine since we only have two petitions on the 8th. From: valera c Sent: Wednesday, March 07, 2007 11:05 AM To: bellows r Cc: murray_s Subject: Mirasol, AR -9124 Ray, 3/8/2007 Mirasol, PUDEX- 2006 -AR -9124 Page 2 of 2 The petitioner would like to move the hearing date to May 8th. I checked with Cecilia, and there are only two petitions scheduled for that date. Please let me know if they can be placed on the May 8th BCC agenda. Thank you, CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier- County Government 239.659.5729 3/8/2007 Page 1 of 1 Fol Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, March 08, 2007 10:48 AM To: Martha S. Vergara Subject: RE: Kill Ad I am confirming that the Mirasol PUD is going to run on Sun. Mar. 11th. (Also, please send ALL legal correspondence to Iegals a naplesnews_com, not to my personal email. That will ensure that it will be seen.) Pam From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Thursday, March 08, 2007 10:43 AM To: Perrell, Pam Subject: RE: Kill Ad Pam, Please, would you send me an e-mail conformation regarding the Mirasol PUD that is on again to run on Sunday 3/11/07 From: Perrell, Pam [ mailto :paperrell @naplesnews.com] Sent: Thursday, March 08, 2007 9:26 AM To: Martha S. Vergara Subject: RE: Kill Ad OK From: Martha S. Vergara [mailto Posted At: Thursday, March 08, Posted To: Legals Conversation: Kill Ad Subject: Kill Ad Martha .Vergara @clerk.collier.fl. us] 2007 9:02 AM Morning Pam, Need to KILL an ad se to run 3/11/07 (this Sunday) if possible. PUDEX- 2006 -AR -9124 Mirasol PUD. Please let me know if either way. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 3/8/2007 Message Page 1 of 2 8C a Patricia L. Morgan From: martin_c [CeciliaMartin @colIiergov.net] Sent: Thursday, March 08, 2007 12:17 PM To: Minutes and Records Cc: Valera, Carolina; Bellows, Ray Subject: FW: Mirasol - This will have to be readvertised for the May 8th BCC meeting, thanks. FYI From: SchmittJoseph Sent: Thursday, March 08, 2007 11:48 AM To: bellows_r; valera_c Cc: martin—c; murray_s Subject: RE: Mirasol Concur. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403 - 2385/2390 cell -- 595 -9751 "Balancing the demands of growth and the demands of the community" From: bellows —r Sent: Thursday, March 08, 2007 11:45 AM To: valera_c Cc: martin _c; murray_s; Schmittloseph Subject: RE: Mirasol Hi Carolina, Because the petitioner has twice officially requested a continuance to the May 8th meeting and we acted upon their request, I do not see how we can put them back on the 3/27 agenda since there are still some issues to be resolved as well as the fact that the time to get the ex summary completed, reviewed, and approved is way past the deadline. Please inform the petitioner that I can not place this petition back on the 3/27 BCC agenda. Ray Raymond V. Bellows, Zoning Manager Collier County Government Community Development & Environmental Services Division Department of Zoning & Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Phone: 239-403-2463 3/8/2007 Naples Daily News : Classifieds Results Ordinances and Petitions - PUDEX - 2006 -AR -9124 NOTICE OF PUBLIC I-CARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 27, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tarniami Trail, Naples, Florida. The meeting will begin at 9:00 A, M. The Board will consider Petition: PUDEX- 2006AR -9124, IMColller R)int Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasal Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 In Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda ttern must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will he limited to 5 minutes on any item. -the selection of an individual to speak on behalf of an organization or group is encouraged. if recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials Intended to be. considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .JAMES COLETTA, CHAIRMAN DWIGHT E, BROCK, CLERK By. Martha Vergara, Deputy Clerk (SEAL) Mar. 11 No. 1531542 Start Date: 03/11/2007 Stop Date: 03/11 /200/ Page 1 of 1 http: // marketplace .naplesnews.com /mach2 /naplsearchIS earchAds. action ?CatId=notices &CatName = Publi... 3/14/2007 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------- ----- --- -- ------- -- - - - - -a BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59365889 PUDEX- 2006- AR- 9124NO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/11 03/11 ------------------------------ -PUDEK- 2006•AR -9224 NOTICE OF PUEWC HEARING AD SPACE: 109.000 INCH FILED ON: 03/12/07 --------- -- --- ----- --- — - -- - - -- ---- -------- --- --------------- --- Signature of Affiant /�• Sworn to and Subscribed before me this -a— day of � .1 20� Personally known by me 73 .) c yl 1 aecid- .COUNTY, ETTA. CHAIR- E. BROCK, ha VerOara, NAPLES DAILY NEWS Published Daih Naples. FL '34102 Affidavit of Publication State of Florida County of Collier Before the undersigned the) ° serve as the authority, personally appeared B. Lamb. who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily. a daily newspaper published at Naples, in Collier County. Florida; distributed in Collier and Lee counties of Florida: that the attached copy of life advertising. being a PUBLIC NOTICE in the rnatter of PUBLIC NOTICE was published in said newspaper I time in the issue on March 1l"i2007 Affiant further sacs that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida and that the said newspaper has heretofore been continuously published in said Collier Counts, Florida. distributed in Collier and Lee mi nie, of Florida, each day and has been entered as second class mail matter at the post office in Naplcs, in said Collier County, Florida, Ibr a period of t ,ear next preceding the first publication of tire attached cope of advertisement; and affiant further says that he has neither paid nor promised any person. firm or corporation any (111COnnt, rchat,, commission or refund for the purpose of securing this advertisement for publication in the said ness,spyper. ( Signal re of affiant) Sworn to and subscribed before me This I lth of March 2007 (Sigiiatu-re-oT notanr public) FEI59- 2578327 - -- - - fUDEX•100FAR-4124 NOTICE OF PUBLIC NEARING: ETTA. CHAIR' E. BROCK, 13 veraara, C1 Mirasol Page 1 of 1 8 C Teresa L. Polaski From: martin_c [CeciliaMartin @colIiergov.net] Sent: Friday, March 30, 2007 10:49 AM To: Teresa L. Polaski Subject: RE: Mirasol Yep, still showing it on my calendar for May 8th BCC meeting, Carolina has not advised otherwise. From: Teresa L. Polaski [mailto: Teresa .Polaski @clerk.collier.fl.us] Sent: Friday, March 30, 2007 10:00 AM To: martin_c Subject: Mirasol Hey girl, Is Mirasol still good for the May 8th BCC meeting? I will need to advertise in a week or two. Thanks 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 tire public records. Ifyou 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. 3/30/2007 April 3, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124: Mirasol PUD Dear Legals: Please advertise the above referenced petition on Sunday, April 22, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk Attachment P.O. #113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 8, 2007, in the Boardroom, 31d 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: PUDEX- 2006 -AR -9124, IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two two -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD is located on the north side of Immokalee Road immediately west of County Road 951 in Sections 10, 15 and 22, Township 48 South, and Range 26 East, in Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) =of Collier CLERK CIRCUIT COLLIER COUNTY URT OI Dwight E. Brock 3301 TAMIAMI TRAIL EA%T Clerk of Courts P.O. BOX 41,044 NAPLES, FLORIDA ,4101 -* April 3, 2007 ;r Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 COURT Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: OWL Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C\\eresa P ki AQ Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl_us Email: collierclerk (&,clerk.collierfl.us C� CLERK OF THE CIRCUIT COURT COLLIER COUNTY URT OUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAT Clerk of Courts Clerk of Courts P.O. BOX 41 +044 Accountant NAPLES, FLORIDA 34101 -3644 Auditor Custodian of County Funds April 3, 2007 IMCOLLIER Joint Venture 6704 Lone Oak Blvd Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUDEX- 2006 -AR -9124, Mirasol PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polask , Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkna clerk.collierfl.us Teresa L. Polaski To: legals @naplesnews.com Subject: PUDEX -20 06 -A R -9124 Attachments: PUDEX- 2006- AR- 9124(3).doc; PUDEX- 2006- AR- 9124(3).doc Legals, Please advertise the following on Sunday, April 22, 2007. Any questions, please contact me. Thank you PUDEX- 2006 -AR -91 PUDEX- 2006 -AR -91 24(3).doc (28 ... 24(3).doc (27 ... Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa .Polaski @clerk.collier.fl.us) 8C N Teresa L. Polaski From: ClerkPostmaster Sent: Tuesday, April 03, 2007 3:37 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT2498437.txt; PUDEX- 2006 -AR -9124 t_'; ATT2498437.bct (231 B) L PUDEX- 2006 -AR -91 24 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 PUDEX- 2006 -AR -9124 Teresa L. Polaski From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, April 03, 2007 3:50 PM To: Teresa L. Polaski Subject: RE: PUDEX- 2006 -AR -9124 1015 From: Teresa L. Polaski [mailto: Teresa .Polaski @clerk.collier.fl.us] Posted At: Tuesday, April 03, 2007 3:37 PM Posted To: Legals Conversation: PUDEX- 2006 -AR -9124 Subject: PUDEX- 2006 -AR -9124 Legals, Please advertise the following on Sunday, April 22, 2007. Any questions, please contact me. Thank you «PUDEX- 2006- AR- 9124(3).doc>> «PUDEX- 2006- AR- 9124(3).doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Polaski @clerk.coll ier.fl. us) Page 1 of 1 8 0 4 "q 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 Dank Naples. FL 341112 Affidavit of Publication State of Florida County of Collier Before the undersigned lhcv sen e as the authority. personall7 appeared Phil LcAv- al is. to on oath saNs that they sen e as the Editor of the Naples Daik. it dailc newspaper published at Naples, in Collier Count}. Florida: distributed in (ollicr and Lee counties of Florida. that the attached copN of life advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE N %as published in said newspaper I Bite in the issue on. April 22 "" 2007 Aftiant further gays that the said Naples I)AN Neres is a nc.cs pup or published at Naples. in said Collicr Count\,, I'Iorida. and that the skid nescspaper has heretofore beer continuously published in said Collier CounU'. Ronda. disiri hutcd m C'ollla and tae counties of Florida. cash da, and has heon entered as second lass mail maker at the post office in Naples. in said Collier Countv, Florida. Ibr a period of I teat nest preceding the finI publication of the attached cope of advcrliscmcnC : nd aniant further siN, that he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of scrvting this adeemsemant for ul n in the 4aid ne t Pei p n n . (1 ( Signature of affiant) Sworn to and subscribed before me This 22nd Das of April 2007 / (Signau c of Wotan tblic) PUDEX- 2006 -AR -9124 NOTICE OF PUBLIC MEARM a {. I la I 41 e.' F$R' °COUNTY,• -: ^COLETTA, CHAIR- HT E. B'ROCK.!� rasa Polaskt. Dap Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59381668 PUDEX- 2006- AR- 9124N0 State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/22 04/22 AD SPACE: 108.000 INCH FILED ON: 04/23/07 Signature of Affiant \ —ha) ` Sworn to and Subscribed before m this day of ;' , 20 Personally known by me �1-a - -t/ C- �BX�BIDI'ROIn � '`� 8 C A PUDEX-2006- AR•9124 NOTICE OF PUBLIC HEARING COUNTY, ETTA. CHA4R- E. BROCK, P01"ki, Dep- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 7 H Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Once. 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 41 through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines 41 through 44 emmnlete the checklist and forward to cnP may,.., tli— xcf Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial ) Applic able) 2. May 8, 2007 Agenda Item Number 9A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution n ry Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial ) Applic able) Agenda Date Item was May 8, 2007 Agenda Item Number 9A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution n ry Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip �\ should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain l/ Ilp/My time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. 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 County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -118 t 9 A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT AND REAPPOINT MEMBERS TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92 -16 which created the Forest Lakes Roadway and Drainage Advisory Committee; and WHEREAS, Ordinance No. 92 -16 provides that the Committee shall be composed of 5 members; and WHEREAS, there are currently vacancies on the Forest Lakes Roadway and Drainage Advisory Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Forest Lakes Roadway and Drainage Advisory Committee has provided the Board of County Commissioners with its recommendations for reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Harold Bergdoll, representing the category of Resident within the MSTU, is hereby appointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2011. 2. William L. Seabury, representing the category of Resident within the MSTU, is hereby reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2011. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001 -55, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of William L. Seabury to this Committee. This Resolution adopted after motion, second and majority vote. DATED: May 8, 2007 ATTEST: DWIGHT,'E•. �MCK, Clerk Attest a � der signaturs 00-y', s Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . e Item I 3'ea D aie -V7 = f- o6tc S 2 / /D' Rac'9 _.a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t (� p TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 U THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the execution of the Chairman's signature, draw a line through routine lines # I through #4. complete the checklist. and forward to Sue Fifsnn nio, 80 Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. May 8, 2007 Agenda Item Number 9B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution -7 � Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office f� PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was May 8, 2007 Agenda Item Number 9B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution -7 � Number of Original 1 Attached l '/ Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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 �IC contracts, agreements, etc. that have been fully executed by all parties except the BCC f� Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initiated by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ,l signature and initials are required, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I RESOLUTION NO. 2007 -119 9B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE ANIMAL SERVICES ADVISORY BOARD. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004 -06, establishing the Animal Services Advisory Board; and WHEREAS, Ordinance No. 2004 -06 provides that the Animal Services Advisory Board shall consist of seven (7) members; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Animal Services Advisory Board has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sergeant David Estes, representing the Law Enforcement category, is hereby reappointed to the Animal Services Advisory Board to fulfill the remainder of the vacant term, said term to expire on April 13, 2011. 2. Michele Antonia, representing the Animal Activist Group category, is hereby reappointed to the Animal Services Advisory Board to fulfill the remainder of the vacant term, said term to expire on April 13, 2011. This Resolution adopted after motion, second and majority vote. DATED: May 8, 2007 ,., ATTE�'` `'. „ .. DW�GtiT E. . , kk6�K, Clerk a Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAM OL A, Chairman Item # Agenda �.�ry�a� Date Date ; Z2 R ec� / d �^ Z��` ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 /'1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # l through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 44, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. May 8, 2007 Agenda Item Number 9C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution --77 2L507-120 Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was May 8, 2007 Agenda Item Number 9C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution --77 2L507-120 Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature Tine date has been entered as the date of BCC approval of the 1 document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -120 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO REAPPOINT MEMBERS TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001 -03, as amended, creating the Collier County Coastal Advisory Committee; and WHEREAS, Ordinance No. 2001 -03 provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Heidemarie Kulpa, representing Collier County, meets the prerequisites for appointment and is hereby reappointed to the Collier County Coastal Advisory Committee for a 4 year term, said term to expire on May 22, 2011. 2. E. Glenn Tucker, representing the City of Marco Island, meets the prerequisites for appointment and is hereby reappointed to the Collier County Coastal Advisory Committee for a 4 year term, said term to expire on May 22, 2011. This Resolution adopted after motion, second and majority vote. DATED: May 8, 2007 ATTEST: DWIGHT *OCK, Clerk De S a t U Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA my: lternl ", Aycn a �t 4go.Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP (� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 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 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line 45) Route to Addressee(s) List in routing order Office Initials Date I. Collier County Attorney's Office (Initial) Applic able) 2. May 9, 2007 Agenda Item Number 9D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution —y _ 121 2w Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 111 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was May 9, 2007 Agenda Item Number 9D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution —y _ 121 2w Number of Original I Attached / Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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 111 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 N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip - should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Sonic documents are time sensitive and require forwarding to Tallahassee within a certain I me frame or the BCC's actions are nullified. Be aware of your deadlines! 6. 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 County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 RESOLUTION NO. 2007 -121 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY WHEREAS, Collier County Ordinance No. 96 -6, created the Collier County Water and Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96 -6 provides that three (3) members of the Authority shall be technical members and two (2) members of the Authority shall be lay members; and WHEREAS, the terms of two (2) members will expire creating 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. W. J. "Jack" Markel is hereby reappointed under the Technical Member category to the Collier County Water and Wastewater Authority for a 4 year term, said term to expire on May 21, 2011. 2. Fay R. Biles is hereby reappointed under the Lay Member category to the Collier County Water and Wastewater Authority for a 4 year term, said term to expire on May 21, 2011. 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 Fay R. Biles to this Committee. This Resolution adopted after motion, second and majority vote. DATED: May 8, 2007 ATTEST: DWIQHT 1= :OF(XK, Clerk o,. sigasture W, u Approved as to form and legal sufficiency: t David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Item I 9'p Rer�c S 2/ 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL#P; 9 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed If the document is already complete with the exception of the Chairman's signature, draw aline throu h routing lines #1 through #4, complete the checklist, an d forward to Sue Filson line #5). Route to Addressee(s) List in routing order Office Initials Date I. Collier County Attorney's Office (Initial) Applic able) 2. May$, 2007 Agenda Item Number 9E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original I 5. Sue Filson. Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was May$, 2007 Agenda Item Number 9E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST L Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05. Revised 2 24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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 Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from I 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 N/A Office and al I other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain / time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05. Revised 2 24.05 9E MEMORANDUM Date: May 22, 2007 To: Kay Nell, CLA County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes and Records Re: Resolution 2007 -122 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9E) adopted by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, you may contact me at 774 -8406. Thank you, Attachments � 9E a ' RESOLUTION NO. 2007-122 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE WHEREAS, on April 26, 2005, the Board of County Commissioners adopted Resolution No. 2006 -41 establishing a Habitat Conservation Plan Advisory Committee as an ad hoc committee; and WHEREAS, the Habitat Conservation Plan Advisory Committee shall be composed of thirteen (13) members; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Habitat Conservation Plan Advisory Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Kevin M. McGowan, representing the category of property owner, is hereby appointed to Habitat Conservation Plan Advisory Committee to fulfill the remainder of the vacant term, said term to expire on June 14, 2008. 2. Bonnie Michaels, representing the category of Natural Resources Committee, is hereby appointed to Habitat Conservation Plan Advisory Committee to fulfill the remainder of the vacant term, said term to expire on June 14, 2008. This Resolution adopted after motion, second and majority vote. DATED: May 8, 2007 ATTEST: DWIGHT. E BROOK, Clerk Attesxur t s 1 gn atuv'e •oA I " Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Item # ` E Agenda Date 5f " Date Recd lop 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) MEMORANDUM Date: May 10, 2007 To: Lorraine Lantz, Property Aquisition Specialist Transportation Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -123 Please find enclosed find one (1) copy of the document as referenced above, the exhibits have been scanned into our system and can be printed from there. (Agenda Item #10Q, which was adopted by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please call me at 732 -2646 x 7240. Thank you. Enclosures RESOLUTION NO. 2007- 123 A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND /OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED IMPROVEMENTS TO OIL WELL ROAD FROM IMMOKALEE ROAD TO CAMP KEAIS ROAD. (PROJECT NO. 60044). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004 -71 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the widening of Oil Well Road form Immokalee Road to Camp Keais Road (Project No. 60044) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Oil Well Road from Immokalee Road to Camp Keais Road (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A ". AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. � This Resolution, adopted on this day of P;/1 (�� 2007, after motion, second and majority vote. AT-TEST: BOARD OF COUNTY COMMISSIONERS I)WIGHT E. BROCK, CLERK OF COLLIER NTY, O A By: JANfKS COLETTA, CHAIRMAN Approved as to form and legal ufficiency: 1 / Heidi F. Ashton Assistant County Attorney -Page 2- Item # Ae °Jda r) a L r. ,o f . 1 EXHIBIT LEGAL DESCRIPTION AND SKETCH PaW� of Slope and Utility Easement Parcel No. 100 SUE (This is not a Field Survey) WATERWAYS HOMEOWNERS ASSOCIATION, INC. S 00'06'52" W 35.00' 1 \1 50.00' N00'06'52 "E S 00'06'52" W 35' LANDSCAPE BUFFER EASEMENT (PER PLAT) SLOPE AND I UTILITY EASEMENT w z O NO. 100 SUE J O ' (13,055± SQUARE FEED 0 O H U T I Z N �\ DESCRIPTION 0 0 I J } CO In The South 35.0 feet of Tract "B ", F 3 00 Waterways of Naples, Unit Two, as 0- recorded in Plat Book 29, Pages 0 71 -74, of the Public Records of Collier w U County, Florida. Containing 13,055 EL I square feet, more or less. uJ z o Bearings are based on the south line w 0 I In cc of Tract "B ", Waterways of Naples, Unit a J Two being N 89'53'08" W, as shown on 0) 00 :3: J the plat. V) I F: r- - o W M I I0 J TRACT "B ", WATERWAYS OF °' 00 o NAPLES, UNIT TWO I I z P.B. 29, PAGES 71 -74 PERPETUAL, NON - EXCLUSIVE SLOPE CID 0 AND UTILITY EASEMENT I M rn 00 z SO 0 50 N 00'06'52" E I 35.00' SCALE 1" = 50' N 00'06'52" E N00'06'52 "E N w 50.00' N o WATERWAYS OF 0 J NAPLES, UNIT ONE P.B. = PLAT BOOK P.B. 27, PAGES 55 -56 P.O.C. = POINT OF COMMENCEMENT PB = PLAT BOOK O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY SHEET 1.OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL. - - ,. " STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. ' O PROJECT: OIL WELL ROAD JEFFREY M. LL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - 8241 ARC WAY V & FORT MY6 F FLORIDA, 33912 PHONE: (239) 275 -8875 FM: (239) 276 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5565 INTERNET SITE: HTTP: /NVVWV.MCKIMCREED.COM i EXHIBIT of LEGAL DESCRIPTION AND SKETCH Pa9e-�L Slope and Utility Easement Parcel No. 101 SUE (This is not a Field Survey) PERPETUAL. NON - EXCLUSIVE SLOPE AND UTIt.t1Y EASEMENT DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier Countv. Florida, beinq more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 1998.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southeast corner of Tract B (Drainage, Maintenance , & Access Easement) of Waterways of Naples Unit Two, as shown in Plat Book 29, Pages 71 -74, of the Public Records of Collier County, Florida; thence N 87'48'27" E along said north right —of —way line for 42.00 feet to the southwest corner of lands described in Official Records Book 1789, Page 962, of the said Public Records of Collier County; thence leaving said north right —of —way line N 02'11'33" W along the west line of said lands for 35.00 feet; thence leaving said west line S 87'48'27" W for 42.00 feet to the east line of aforesaid Tract B of Waterways of Naples Unit Two; thence S 02'11'33" E along said east line for 35.00 to the Point of Beginning. Containing 1,470 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL - t STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. , i PROJECT: OIL WELL ROAD 7 JEFFREY M. TILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 ' 6241 ARC WAY FORT MV FLORIDA, 33912 lnr/i�i�[V11n-/1� hVj��.•1KWM FLi L■ PHONE: (239) 276 -0675 5 Fm: (239) 275 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP:/ANWW.MCKIMCREED.GOM "' LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 101 SUE (This is not a Field Survey) EXHIBIT�„�, Page-�,J. ofd TRACT "B" WATERWAYS OF NAPLES UNIT TWO, P.B. 29 PG. 71 -74 M U � Q IY M W M 0 w o Z J Z F- !n Q W 35.0' LANDSCAPE w BUFFER EASEMENT (PER PLAT) I o K) 0 0 15.0' UTILITY I In I EASEMENT I (PER PLAT) 1 i 1 RIGHT -OF -WAY LINE • C SURVEY BASE LINE -� N 87'48'27" E 1998.07' P.O.C. SW CORNER OF SECTION 14 -48 -27 B.O.S. STATION 10 +00.00 r3 ° O M I LO + N I N O Z I 20 0 20 SCALE 1" = 20' 3 c WATERWAYS n HOMEOWNERS ASSOCIATION, INC. o z 42.00' S 87'48'27" W SLOPE AND UTILITY EASEMENT NO. 101 SUE (1 470:t SQUARE FEED N 87'48'27° E 42.00' 42.00' N 87'48'27" E O.R. BOOK 1789 PAGE 962 C �0 _o I�L6 cV I"T 0 OU RIGHT -OF -WAY LINE jOo M O O o I" 'F M LO O Z I OIL WELL RD. (C. R. 858) SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL 6241 ARC WAY FORT Cam, 1f�, j!� ■�fKf7��yrfF�1 NR<jM`jCX ,T1■ Lj PHONE: (239) 275-8875 Fm: (2 9) 2757029 PROJECT: OIL WELL ROAD `�j FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8566 V INTERNET SITE: HTTP: /NJWW.MCKIMCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 102 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION O h a EXHIBIT page-24-- A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence N 87'48'27" E along said north right —of —way line for 679.93 feet to the Point of Beginning; thence continue along said north right —of —way line N 87'48'27" E for 1070.04 feet to the southeast corner of said lands; thence leaving said north right —of —way line N 02'11'33" W along the east line of said lands for 42.86 feet; thence leaving said east line for the following eight (8) courses; N 461959 W, 10.76 feet; S 87'48'27" W, 66.52 feet; S 43'00'30" W, 56.72 feet; S 87'48'27" W, 208.12 feet; N 78'41'48" W, 51.42 feet; S 87'48'27" W, 77.88 feet; S 86'48'27" W, 598.28 feet; S 582312 W, 24.78 feet to the Point of Beginning. Containing 20,280 square feet (0.466 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MGKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8586. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD' JEFFREY NE S -PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389' ♦ * IM I� i�� 6241 ARC WAYS FORT FLORIDA, 33012 r. 1�/rl�ll�/1(J v 8875 F PHONE: (238) 276 -8876 Fm: (230) 276 -7028 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586 INTERNET SITE: HTTPJ/WWW.MCKIMCREED.COM O.R. BOOK 2229 ORANGETREE N 46'19'59" W PAGE 1049 ASSOCIATES 10.76' N n9'11'33" W EAST LINE O.R. BOOK 1789, PAGE 9152 DISTRICT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1789 PAGE 962 O.R. BOOK 1590 PAGE 2250 FEE SIMPLE INTEREST S 87'48'27" W 66.52' S 43'00'30" W 1' 56.72' _ 1 N C6 00 O I- 00 1 (n i N 78'41'48" W o 51.42' __ o 0 S 87'48'27" W 77.88' 102 FEE 20,280± SQUARE FEET LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 102 FEE (This is not a Field Survey) 120 0 120 SCALE i" = 120' P.O.B. = POINT OF BEGINNING P.O.C. — POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY w 1 001 N 0J 1 0) 1 to I �1 � 1 N I d c0 00 1 V1 I 1 S 58'23'12" W I 24.78' WFST LINE O.R. BOOK 1789, PAGE 962 N 02'11'33" W WATERWAYS HOMEOWNERS ASSOCIATION, INC. E3 9 P.O. B. —`L,, In n M co 0 r- 00 z RIGHT -OF -WAY LINE NO2'11'33 "W 50.00' r- N 00 00 ro VA w z J 3 I O r C N 02'11'33" W 42.86' NO2'11'33 "W 50.00' F EXHIBIT 00 Page -.t_ LL W I✓ J W G J w rA NO2'11'33 "W 50.00' SOUTH LINE OF THE SOUTHWEST QUARTER ! OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) U-1 N o P.O.C. 000 SW CORNER OF N SECTION 14 -48 -27 00 B.O.S. STATION 10 +00.00 z i 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275 -5875 Fe : (239) 276 -7029 FLORIDA GE 71FICATE OF AUTHORIZATION No. LB 5555 INTERNET SITE: HTTP:/M^NW.MCIUMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL I PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 102 SUE1 (This is not a Field Survey) DESCRIPTION 10 ;J i EXHIBIT_�A e o___ Pagfd A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 65.00 feet to the Point of Beginning; thence continue along said north right —of —way line N 87'48'27" E for 614.93 feet; thence leaving said north right —of —way line N 02'11'33" W for 15.00 feet; thence S 87'48'27" W for 614.93 feet; thence S 02'11'33" E for 15.00 feet to the Point of Beginning. Containing 9,224 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. LINE O.R. BOOK 1769, N 02'11'33" W 962 WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY McMMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. JEFFREY M. SWILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 5389 II w i C" N O 00 0 o NO2'111 33 "W ro N 50.00' z CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) �1� &� v� 4 t_ PHONE: (239) 275 -8875 Fm: (29) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566 50' INTERNET SITE: HTTP: /NVVVW.MCKIMCREED.COM w z_ 1-. NOT TO SCALE I J w CO I.17 3 � ()0 SLOPE AND o T UTILITY EASEMENT'S 00 NO. 102 SUET i 2:_ Z U (9,224± SQUARE FEET) n I O DISTRICT SCHOOL BOARD OF COLLIER COUNTY J W LINE PERPETUAL, NON - EXCLUSIVE SLOPE TABLE ANDtM nYEASEMENT I 1 — N 87'48'27" E, 65.00' I J 2 — N 87'48'27" E, 614.93' P.O.B. O 3 — N 02'11'33" W, 15.00' 4 — S 87'48'27" W, 614.93' 5 — S 02'11'33" E, 15.00' LINE O.R. BOOK 1769, N 02'11'33" W 962 WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY McMMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. JEFFREY M. SWILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 5389 II w i C" N O 00 0 o NO2'111 33 "W ro N 50.00' z CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) �1� &� 6241 ARC WAY FLORIDA, 4 t_ PHONE: (239) 275 -8875 Fm: (29) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566 INTERNET SITE: HTTP: /NVVVW.MCKIMCREED.COM P.O.C. SW CORNER OF SECTION 14 -48 -27 SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 102 SUE2 (This is not a Field Survey) DESCRIPTION '-XHIBIT� �3ge—�L ofd PERPETUAL. NON-EXCLUSIVE SLOPE AND UTILITY EASEMENT A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27° E for 839.93 feet; thence leaving said north right —of —way line N 02'11'33" W for 14.59 feet to an intersection with the proposed north right —of —way line of Oil Well Road and the Point of Beginning; thence along said proposed line the following five (5) courses: N 86'48'27" E, 459.84 feet; N 87'48'27" E, 77.88 feet; S 78'41'48" E, 51.42 feet; N 87'48'27" E, 208.12 feet; N 43'00'30" E, 13.04 feet; thence leaving said proposed right —of —way line N 02'11'33" W for 15.20 feet; thence S 87'48'27" W for 805.04 feet; thence S 02'11'33" E for 20.41 feet to the Point of Beginning. Containing 14,684 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555. E ` ^ PROJECT: OIL WELL ROAD JEFFREY . STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 5389 5241 ARC WAY MYERS, ��j MCI &� PHONE: (239) 2075 -8875 Fe : (239) FLORIDA, 27537029 1 V FLORIDA CERTIFICATE OF AUTHORIZATION No. Le 5555 INTERNET SITE: HTTPJ/W W W.MCKIMCREED.COM ORANGETREE ASSOCIATES N 0271'33" W EAST LINE O.R. BOOK 1789, PAGE 962 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement, Parcel No. 102 SUEZ (This is not a Field Survey) I I I I' I 120 0 120 I SCALE 1" = 120' I SLOPE AND 11 UTILITY EASEMENT `� I NO. 102 SUE2 (14,684± SQUARE FEET) I, PERPETUAL, NON - EXCLUSIVE SLOPE I AND UTILITY EASEMENT I DISTRICT SCHOOL BOARD OF COLLIER COUNTY LINE TABLE 1 — N 87'48'27" E, 839.93' 2 — N 02'11'33" W, 14.59' 3 — N 86'48'27" E, 459.84' 4 — N 87'48'27" E, 77.88' 5 — S 78'41'48" E, 51.42' 6 — N 87'48'27" E, 208.12' 7 — N 43'00'30" E, 13.04' 8 — N 02'11'33" W, 15.20' 9 — S 87'48'27" W, 805.04' 10 — S 02'11'33" E, 20.41' PAGE 962 N 02'11'33" W to P.O.B. WATERWAYS HOMEOWNERS P.O.B. =POINT OF BEGINNING ASSOCIATION, INC. P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS II I' II I, 11 II w Z } 3 I w 0 I� i� rn C) r EXHIBIT p ' °yv�. NO2'11'33 "W 50.00' 1 of Ir U u T- LU J PROPOSED RIGHT —OF —WAY LINE PROPOSED RIGHT —OF —WAY LINE w i� N 00 00 ao Z SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) w I N O a0 0 v r NO2'11'3 -'W 00 N 50.00' t Z . 6241 ARC WAY * IO II &� FORT MY5 F FLORIDA, 33912 �������/� PHONE: (239) 275 -6575 Fex: (239) 275 -7029 v FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP://WWW.MCKIMCREED.COM P.O.C. SW CORNER OF SECTION 14 -48 -27 SHEET 2 OF 2 CLIENT: COLLIER CO. I CH2MHILL I PROJECT: OIL WELL ROAD I DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE1 (This is not a Field Survey) EXHIBIT DESCRIPTION Pege-l� A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and the Point of Beginning, said point also being the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along the west line of said lands N 02'11'33" W for 60.00 feet; thence leaving said west line N 87'48'27" E for 65.00 feet; thence S 02'11'33" E for 60.00 feet to an intersection with the said north right —of —way line of Oil Well Road; thence along said north right —of —way line S 87'48'27" W for 65.00 feet to the Point of Beginning. Containing 3900 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SCALE 1" = 120' LINE TABLE TEMPORARY DRIVE RESTORATION EASE (DUQATION: 3I 50' I DISTRICT SCHOOL BOARD Iz OF COLLIER COUNTY I� w 1 — N 02'11'33" W, 60.00' 2 — N 87'48'27" E, 65.00' 3 — S 02'11'33" E, 60.00' 4 — S 87'48'27" W, 65.00' I3 L N o I I 1= Z I� TEMPORARY DRIVEWAY I RESTORATION EASEMENT Da�`P� NO. 102 TDRE1 (3900± SQUARE FEET) O 1 O v.ICaT I IMF OR ROOK 1789, PAGE 962 N 02'11'33" W WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6568. a2 /), - _'. L JEFFREY STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 WAY MENT 00 LO 00 U 0 J WW J_ O - OI L P.O.B. NO2'11'33 "W 50.00' Co CLIENT: COLLIER CO. I CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) ` 5241 ARC WAY FORT MYERS, FLORIDA, 3 PHONE: (239) 275 -8875 F": (39) 276 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: /M/W W.MCKIMCREED.COM P.O.C. SW CORNER OF SECTION 14 -48 -27 SHEET 1 OF 1 &Y 10C LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 679.93 feet to the Point of Beginning; thence leaving said north right —of —way line N 02'11'33" W for 70.00 feet; thence N 87'48'27" E for 160.00 feet; thence S 02'11'33" E for 55.41 feet to an intersection with the proposed north right —of —way line of Oil Well Road; thence along said proposed line S 86'48'27" W for 138.44 feet; thence continue along said proposed line S 58'23'12" W for 24.78 feet to the Point of Beginning. Containing 9,217 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. NOT TO SCALE z wl 150, J E, 679.93' IZ w U) 02'11'33" Oil 1 IJ 0 0 N Gam. 3 °�° 160.00' Ir TEMPORARY DRIVEWAY �_ o 00 RESTORATION EASEMENT 4 I z' NO. 102 TDRE2 (9,217± SQUARE FEET) \�' DISTRICT SCHOOL BOARD OI � OF COLLIER COUNTY I LINE TABLE 1 — N 87'48'27" E, 679.93' 2 — N 02'11'33" W, 70.00' 3 — N 87'48'27" E, 160.00' 4 — S 02'11'33" E, 55.41' 5 — S 86'48'27" W, 138.44' 6 — S 58'23'12" W, 24.78' LINE O.R. BOOK 1789, N 02'11'33" W 962 WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8586. JEFFREY M. S L - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 I 6 b-O / • C NO2'11'33 "W 50.00' 1 U U-1 - O w r _ N 0 DD 0 d� a 00 N 7 CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 EXHIBIT Page,_ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 9 YEARS SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) 6241 ARC WAY * /�ZIU �{ CIUM FORT MYERS, FLORIDA, 33912 1�/r'i�jlrj(J t.l� r•r•L PHONE: 276-8876 Fex: (239) 276 7029 V FLORIDA CERTIFICATE E OF OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTP://JJW W.MCKIMCREED.COM P.O.C. SW CORNER OF SECTION 14 -48 -27 SHEET 1 OF 1 1 a C va LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE3 (This is not a Field Survey) EXHIBIT DESCRIPTION PBge4. of ]E parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 1644.97 feet; thence leaving said north right —of —way line N 02'11'33" W for 19.80 feet to an intersection with the proposed north right —of —way line of Oil Well Road and the Point of Beginning; thence along said proposed line N 43'00'30" E for 43.68 feet; thence continue along said proposed line N 87'48'27" E for 66.52 feet; thence continue along said proposed line S 46'19'59" E for 10.76 feet to the east line of aforesaid lands; thence leaving said proposed line and along said east line N 02'11'33" W for 24.14 feet; thence leaving said east line S 87'48'27" W for 105.00 feet; thence S 02'11'33" E for 47.20 feet to the Point of Beginning. Containing 2,230 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. ORANGETREE N 02'11'33" W ASSOCIATES O 42.86' N 02'11'33" W -- EAST LINE O.R. BOOK 1789, PAGE 962 I NO2'11'33 "W I O 50.00' s 4 22 PROPOSED 120 0 120 RIGHT -OF -WAY LINE SCALE 1" = 120' � I 1 TEMPORARY DRIVEWAY LL TEMPORARY DRIVEWAY RESTORATION EASEMENT I. CC) RESTORATION EASEMENT NO. 102 TDRE3 P.O.B. J �(DUFfAT1oN:3YEARS (2,230± SQUARE FEET) J Lu LINE TABLE Z iY 1— N 02'11'33" W, 19.80' J Z J U 2 - N 43'00'30" E, 43.68' DISTRICT SCHOOL a Q 3 — N 87'48'27" E, 66.52' I N SOUTH LINE OF THE 4 - S 46'19'59" COLBRDCOUNTY COLLIER E, 10.76' I 101,00 SOUTHWEST QUARTER OF SECTION 14 -48 -27 5 - N 02'11'33" W, 24.14' 1 r (EXISTING CENTER LINE 6 — S 87'48'27" W, 105.00' QIz � OF OIL WELL ROAD) 7 — S 02'11'33" E, 47.20' ER N 87'48'27" E WEST LINE O.R. BOOK 1789, PAGE 962 2040.07' N 02'11'33" W WATERWAYS P•O•C• P.O.B. = POINT OF BEGINNING HOMEOWNERS NO2'11'33 "W SW CORNER OF P.O.C. = POINT OF COMMENCEMENT ASSOCIATION, INC. 50.00' / SECTION 14 -48 -27 O.R. = OFFICIAL RECORDS f SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566. MetPROJECT: OIL WELL ROAD JEFFREY M. U- - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8359 ��j NTc/�1•��/ ��r(-l/'T�1- (�7�y�y 7,�■ 6241 ARC WAY IV.L 4 C—Y— =— PHONE: (239) 275 -8875 Fm: (2039) 27537029 - V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 INTERNET SITE: HTTP: /ANW W.MCKIMCREED.COM =XHIBIT ,3ge_j2_ LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 103 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 87'48'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of lands described in Official Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 751.97 feet to the Point of Beginning; thence continue along said north right —of —way line S 87'48'27" W for 498.04 feet to the southwest corner of said lands; thence leaving said north right —of —way line and along the west line of said lands for N 02'11'33" W for 42.86 feet; thence leaving said west line S 46'19'59" E for 30.96 feet; thence N 88'40'01" E for 420.31 feet; thence S 77'53'08" E for 58.01 feet to the Point of Beginning. Containing 8,437 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTI- IORIZATON No. LB 5566. PROJECT: OIL WELL ROAD JEFFREY IV. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 6241 ARC WAY V FORT M FLORIDA, 33912 V * r�M&%REM PHONE: 275-8875 F 29 V FLORIDA CERTIFICATE OF AUTHORIZATION N o. LB 65 INTERNET SITE: HT TP: //W W W.MCKIMCREED.COM 2 i SHEET 1 OF 2 �I I DISTRICT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 2981 PAGE 2872 ni NY71'33" W RIGHT -OF -WAY LINE �a NO2'11'33 "W 50.00' EAST LINE O.R. BOOK 2229, PAGE 1049 P.O.B. --� S 77'53'08" E 58.01' LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 103 FEE (This is not a Field Survey) I 60 0 60 C3 SCALE 1" = 60' I ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) O.R. BOOK 2229 PAGE 1049 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS WEST I INE O.R. BOOK N 02'11'33" W O.R. BOOK 1789 PAGE 962 r EXHIBIT A A �a .r�`7p CO ' _ of , —LL N P.O.B. --� S 77'53'08" E 58.01' LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 103 FEE (This is not a Field Survey) I 60 0 60 C3 SCALE 1" = 60' I ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) O.R. BOOK 2229 PAGE 1049 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS WEST I INE O.R. BOOK N 02'11'33" W O.R. BOOK 1789 PAGE 962 FEE SIMPLE INTEREST S 46'19'59" E 30.96' PAGE 1049 L DISTRICT SCHOOL BOARD N 02'11'33" W OF COLLIER COUNTY 42.86' 0 C6 rn F r N 00 100 R w Z J } Q 3 0 0 F- M c� a F_- N d LO mM �d 00 a 10 P.O.C. SE CORNER OF SECTION 14 -48 -27 P.I. STATION 64 +83.59 NO2'11'33 "W 50.00' SOUTH LINE OF THE SOUTHEAST QUARTER -� OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) Cc U J J W2 IO 3 r N co co r U NO2'11'33 "W 50.00' SHEET 2 OF 2 d w CLIENT: COLLIER CO./ CH2MHILL 0 0 1 It 8,437± zo 00 SQUARE z FLORIDA CERTIFICATE OF AUTHORIZATION No. LS 5568 FEET INTERNET SITE: HTTPJNJWW.MCKIMCREED.COM 103 FEE I FEE SIMPLE INTEREST S 46'19'59" E 30.96' PAGE 1049 L DISTRICT SCHOOL BOARD N 02'11'33" W OF COLLIER COUNTY 42.86' 0 C6 rn F r N 00 100 R w Z J } Q 3 0 0 F- M c� a F_- N d LO mM �d 00 a 10 P.O.C. SE CORNER OF SECTION 14 -48 -27 P.I. STATION 64 +83.59 NO2'11'33 "W 50.00' SOUTH LINE OF THE SOUTHEAST QUARTER -� OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) Cc U J J W2 IO 3 r N co co r U NO2'11'33 "W 50.00' SHEET 2 OF 2 d 5241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL �T FORT MYERS, FLORIDA, 33912 &� �_ PHONE: (239) 275 -8875 Ferz: (239) 275-7029 PROJECT: OIL WELL ROAD V FLORIDA CERTIFICATE OF AUTHORIZATION No. LS 5568 INTERNET SITE: HTTPJNJWW.MCKIMCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 103 SUE (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION 1CC EXHIBIT Page of 1 A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 87'48'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southeast corner of lands described in Official Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 751.97 feet to an intersection with the proposed north right —of —way line of Oil Well Road; thence leaving said existing line and along said proposed line N 77'53'08" W for 58.01 feet; thence continue along said proposed line S 88'40'01" W for 416.87 feet; thence leaving said proposed right —of —way line N 02'11'33" W for 9.41 feet; thence N 87'48'27" E for 484.96 feet; thence S 02'11'33" E for 10.00 feet; thence N 87'48'27" E for 740.05 feet to the east line of aforesaid lands; thence S 02'11'33" E along said east line for 20.00 feet to the Point of Beginning. Containing 21,668 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666. CLIENT: COLLIER CO. / CH2MHILL A /I O n Ql PROJECT: OIL WELL ROAD ) I'.jr JEFFREY REV M sT1LL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 6241 ARC WAY * q0 FORT MYERS, FLORIDA, 33912 V ' y1&C7r PHONE: ) 275-6875 F : (239) 275 -7029 `V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: //W V W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 103 SUE (This is not a Field Survey) DISTRICT SCHOOL BOARD S 02'11'33" E OF COLLIER COUNTY 20.00' N 02'11'33" W SOUTHEAST QUARTER EAST LINE O.R. BOOK 2229, PAGE 1049 (EXISTING CENTER LINE P.O.B. I OF OIL WELL ROAD) W Z 80 0 80 W I SCALE 1" = 80' 1 LO O 0 o C3 00 �r r00 I S 02'11'33" E Z 10.00' I 0 W N Q N 77'53'08" W o a 58.01' \1 0) rn r 0 r- (14 00 00 M SLOPE AND I UTILITY EASEMENT — I NO. 103 SUE (21,668± SQUARE FEEL) PERPETUAL, NON - EXCLUSIVE SLOPE I I AND UTILITY EASEMENT I CO I �I O.R. BOOK 2229 I PAGE 1049 W I � N I 00 I Z�I P.O.B. = POINT OF BEGINNING I 3 P.O.C. = POINT OF COMMENCEMENT I o O.R. = OFFICIAL RECORDS o a I Im WEST LINE O.R. BOOK 2229 PAGE 1049 N 02'11'33" W N 02'11'33" W DISTRICT SCHOOL BOARD 9,41' OF COLLIER COUNTY In P.O.C. 1 SE CORNER OF SECTION 14 -48 -27 NLn Ln ro O� EXHIBIT OD page-L. 3 r N W Z � O J r W OD r z N J I } Q O �+ W z = O J O I = U) 0 o a z m F > V) ° W 5-< o In o_ 6241 ARC WAY FORT MY FLORIDA, 33912 �l �rI � CRE PHONE: 5 F 28 FLORIDA CERTIFICATE OF ALTH ORI ZATI ON N o. LB 65V INTERNET SITE: HTTP: //NYWV.MCKMCREED.COM NO2'11'33 "W 50.00' SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL I PROJECT: OIL WELL ROAD DATE: APT1L 14, 2007 NO2'11'33 "W 50.00' SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) W Z 3 0 1 00 0 o M U 0 W N Q o a 0 a J W> O 3 r N W Z � O J r W OD r z N J I } Q O �+ W z = O J O I = U) 0 o a z m F > V) ° W 5-< o In o_ 6241 ARC WAY FORT MY FLORIDA, 33912 �l �rI � CRE PHONE: 5 F 28 FLORIDA CERTIFICATE OF ALTH ORI ZATI ON N o. LB 65V INTERNET SITE: HTTP: //NYWV.MCKMCREED.COM NO2'11'33 "W 50.00' SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL I PROJECT: OIL WELL ROAD DATE: APT1L 14, 2007 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 103 TDgET (This is not a Field Survey) EXHIBIT BI DESCRIPTION ��1 Y Of A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 87'48'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of lands described in Official Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 1250.01 feet to the southwest corner of said lands; thence leaving said north right —of —way line and along the west line of said lands N 02'11'33' W for 42.86 to an intersection with the proposed north right —of —way line of Oil Well Road and the Point of Beginning; thence continue along said west line (and leaving said proposed line) N 02'11'33" W for 24.14 feet; thence leaving said west line N 87'48'27" E for 25.00 feet; thence S 02'11'33" E for 46.41 feet to the said proposed north right —of —way line of Oil Well Road; thence along said proposed line S 88'40'01" W for 3.44 feet; thence continue along said proposed line N 46'19'59" W for 30.96 feet to the Point of Beginning. Containing 920 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. Q 0 60 P.O. E CC. RNER OF 60 r— SO DISTRICT SCHOOL BOARD OF COLLIER COUNTY SECTION 14 -48 -27 SCALE 1" = 80' S 87'48'27" W N 02'11'33" W __ 443.54' EAST LINE O.R. BOOK 2229, PAGE 1049 O.R. BOOK 2229 PAGE 1049 LINE TABLE TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 103 TDRE (920± SQUARE FEET) 1 — N 02'11'33" W, 42.86' PROPOSED 2 — N 02'11'33" W, 24.14' RIGHT —OF —WAY 3 — N 87'48'27" E, 25.00' LINE \� 4 — S 02'11'33" E, 46.41' 5 — S 88'40'01" W, 3.44' \ 6 — N 46'19'59" W, 30.96' \ 4 0 O� WEST LINE O.R. BOOK 2229, PAGE 1049 N 02'11'33" W P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS w Z 3 0 w N 3 0 ~ N 0 3 0 0 N SO 00 N a r- 00 w JI 1 P.O.B. DISTRICT SCHOOL BOARD OF COLLIER COUNTY NO2'11'33 "W 50.00' i EMPORARY DRIVEWAY Q RESTORATION EASEMENT QkRATION: 3 YEARS J LA J 00 W 3U J O LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIOM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586. CLIENT. CLIENT. COLLIER CO./ CH2MHILL ^_ 6P I -_•_ PROJECT: OIL WELL ROAD JEFFREY M. TILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 DATE: AP IL 14, 2007 . 6241 ARC WAY FORT MV FLORIDA, 33912 N1q0 &CyjM PHONE: 275-8875 F 276-702 FLORIDA CERTIFICATE OF AUTH ORI ZATI ON N o. LB 9 INTERNET SITE: HTfPVNV W W.MCKIMCREED.COM COM SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) NO2- 11'33 "W 50.00' SHEET 1 OF 1 7 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 104 SUEZ (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION EXHIBIT Page A parcel of land lying in Section 23, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Beginning at the northeast corner of Lot 110, Orangetree Unit Four, Citrus Greens Section, Phase 2 —A, as recorded in Plat Book 14, Pages 124 -125 of the Public Records of Collier County, Florida; thence N 87'48'27" E along the existing south right —of —way line of Oil Well Road (C.R. 858, 100' wide) for 1656.98 feet to the northwest corner of Tract "D ", Valencia Golf and Country Club, Phase 1A, as recorded in Plat Book 42, Pages 36 -41, of the said Public Records of Collier County; thence southwesterly along the arc of a curve concave to the southeast (and along the west line of said Tract "D "), having a radius of 190.00 feet, a central angle of 17'19'01 ", a chord bearing and distance of S 67'20'38" W, 57.21 feet, for 57.42 feet to a non — tangent intersection with a line parallel to and 20.00 feet south of, as measured at right angles from, the said south right —of —way line of Oil Well Road; thence S 87'48'27" W along said parallel line for 1603.38 feet to the west line of said Lot 110; thence leaving said parallel line and along the west line of said Lot 110 N 02'11'33" W for 20.00 feet to the Point of Beginning. Containing 32,521 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the north line of the Northeast Quarter (NE 1/4) of Section 23, Township 48 South, Range 27 East, Collier County, Florida, said north line also being the existing center line of Oil Well Road. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIOMSCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5588. CLIENT: COLLIER CO. / CH2MHILL , /2- PROJECT: OIL WELL ROAD JEFFREY M. LL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 " STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 ♦ 8241 ARC WAY /ri%1'A I r&� FORT MY6 F FLORIDA, 33012 (� ' lrr'l�lVl(J PHONE: (230) 276 -8875 Fax: (230) 275 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8568 INTERNET SITE: HTTPJANWW.MCKIMCREED.COM NO2'11'33 "W 59 +37.02 50.00' NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 23 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) y • Ir U 12 J W> J_ O 3 N I co I, 00 M w Z J w In Q M r w 7 NO2'11'33 "W 42 +80.05 50.00' • .1. U � a F_ a0 I rn u7 wl z J r 3 I w 0 I x 0 a L5 Z U) x w w r N co d 00 E R = 190.00' A = 17'19'01" L = 57.42' Ch = 57.21' C6 = S 67'20'38" W 10 I I I I 103 O m EXHIBIT Page VALENCIA GOLF AND COUNTRY CLUB — PHASE 1A, PLAT BOOK 42, PAGES 36 -41 9 ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) o LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement I Parcel No. 104 SUE1 (This is not a Field Survey) I I �— 20.00' I IN CO ICO In 80 0 50 SCALE 1" = 80' PERPETUAL, NON- EXCLUSIVE SLOPE AND UTILITY EASEMENT SLOPE AND UTILITY EASEMENT NO. 104 SUEZ (32,521 ± SQUARE FEET) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS N 02'11'33" W 20.00' N 02'11'33" W ORANGETREE jj CITRUS GREENS A PLAT BOOK 1, CLIENT: COLLIER CO. / CH2MHILL 6241 ARC WAY FORT MYERS, FLORIDA, 33912 1�1-1�i1rZV � PHONE: 275 LA) (239) -8875 Fm: (239) 275 -7029 PROJECT: OIL WELL ROAD V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588 INTERNET SITE: HTTP: /NV W W.MCKIMCREED.COM DATE: APRIL 14, 2007 EXH T� Page! Of ' 4 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 104 SUE2 (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying in Sections 23 and 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 23; thence along the east line of said Section 23 S 00'51'53" E for 50.01 feet to an intersection with the existing south right —of —way line of Oil Well Road (C.R. 858, 100 feet wide) and the Point of Beginning; thence leaving said east line and along said south line S 87'48'27" W for 467.67 feet to the northeast corner of Tract "D ", Valencia Golf and Country Club, Phase 1A, as recorded in Plat Book 42, Pages 36 -41, of the Public Records of Collier County, Florida; thence southeasterly along the arc of a curve concave to the southwest (and along the east line of said Tract "D "), having a radius of 190.00 feet, a central angle of 17'19'01 ", a chord bearing and distance of S 71'43'44" E, 57.21 feet, for 57.42 feet to a non — tangent intersection with a line parallel to and 20.00 feet south of, as measured at right angles from, the said south right —of —way line of Oil Well Road; thence N 87'48'27" E along said parallel line for 413.60 feet to the said east line of Section 23; thence continue N 87'48'27" E, leaving said east line, for 0.53 feet; thence N 89'35'33" E for 1530.31 feet; thence S 00'24'27" E for 25.00 feet; thence N 89'35'33" E for 40.00 feet; thence N 00'24'27" W for 25.00 feet; thence N 89'35'33" E for 356.92 feet to an intersection with the west line of lands described in Official Records Book 3098, Page 3336, of the Public Records of Collier County, Florida; thence along said west line N 00'24'27" W for 20.00 feet to the northwest corner of said lands and to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence leaving said west line and along said south right —of —way line S 89'35'33" W for 1927.55 feet; thence continue along said south right —of —way line S 87'48'27" W for 0.38 feet to the said east line of Section 23 and the Point of Beginning. Containing 1.109 acres, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the north line of the Northeast Quarter (NE 1/4) of Section 23, Township 48 South, Range 27 East, Collier County, Florida, said north line also being the existing center line of Oil Well Road. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM &CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. PROJECT: OIL WELL ROAD JEFFREY M. ,n PROFESSIONAL SURVEYOR MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 6241 ARC WAY .' * / I & FORT MYERS, FLORIDA. 33912 `vim ���' � � 1 �� PHONE: (239) 276 -8876 Fex: (239) 276 -7029 v FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666 INTERNET SITE: HTfP91/ WW.MCKIMCREED.COM S00'24'27 "E 84 +11.91 50.00' XHIB�IT A 000 'aye rxv Of A 0 >W J_ O NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) w I] r7 LO S 87'48'27" W rn 0.38' Z S 00'51'53" E 50.01' P.O.C. NE CORNER OF SECTION 23 -48 -27 P.I. STATION 64 +83.59 / _- NORTH LINE OF THE 00 NORTHEAST QUARTER OF SECTION 23 -48 -27 (EXISTING CENTER LINE U OF OIL WELL ROAD) .,1 N co 7 N 0 20.00' W 20.00' O.R. BOOK 3098 PAGE 3336 N 00'24'27" W Iw M rn LEGAL DESCRIPTION AND SKETCH < to (0 Slope and Utility Easement 3 n Parcel No. 104 SUEZ I LL I z CO (This is not a Field Survey) z I N 00'24'27" W F 25.00' w N 89'35'33" E 40.00' L S 00'24'27" E N I_ 25.00' rn 120 0 120 SCALE 1" = 120' M o PERPETUAL, NON - EXCLUSIVE SLOPE ro AND UTILITY EASEMENT LO I� SLOPE AND 3 M w C) 17 00 �Ln In I m 00 z N 87'48'27" E 0.53' i� r J0oi-- J V) N W 00 m ONE NO2'11'33 "W 60+14.76 . 50.00' UTILITY EASEMENT NO. 104 SUE2 (1.109± ACRES) ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) SECTION 24 SECTION LINE SECTION 23 S 00'51'53" E P.O. B. ORANGETREE ASSOCIATES I ° (ROBERTO BOLLT, TRUSTEE) to P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT I~ 20.00' R = RADIUS A = ANGLE L = LENGTH Ch = CHORD i w CB = CHORD BEARING O.R. = OFFICIAL RECORDS IN R = 190.00' I� A = 17'19'01" O L = 57.42' z Ch = 57.21' t1 12 CB = S 71'43'44" E A VALENCIA GOLF AND COUNTRY CLUB — PHASE 1A, 10 PLAT BOOK 42, PAGES 36 -41 SHEET 2 OF 2 ��' ���e�///���� ` �r "///�y��� 6241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL '�/RK FORT MYERS, FLORIDA, -7029 V +-� iV L•iV PHONE: E OF AUTHORIZATION Feu: N N 276-7020 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AU1T10RIZAiION No. LB 8686 INTERNET SITE: HITP: //W W W.MCKIMCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 105 SUE1 (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION EXHIBIT Page Of A parcel of land lying in Sections 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide) and the Point of Beginning; thence leaving said west line and along said north right —of —way line S 89'35'33" W for 0.97 feet; thence continue along said north line S 87'48'27" W for 349.32 feet; thence leaving said north line N 02'11'33" W for 20.00 feet; thence N 87'48'27" E for 349.63 feet; thence N 89'35'33" E for 227.50 feet; thence S 00'24'27" E for 20.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence along said north line S 89'35'33" W for 226.22 feet to the Point of Beginning. Containing 11,536 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. JEFFREY M. S - PROFESSIONAL SURVEYOR AND MAPPER DATE: AP1'IL 14, 2007 SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588, CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD A7l!/ I JEFFREY M. S - PROFESSIONAL SURVEYOR AND MAPPER DATE: AP1'IL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 ' V * 2q0 &C= 6241 ARC WAY FLORIDA, 33912 FORT M75 1�/r l�lVl PHONE: F 276-7029 V E OF AUTH RI AT1 N N V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB INTERNET SITE: HTTPJANW W.MCKIMCREED.COM COM F LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 105 SUE1 (This is not a Field Survey) S 00'24'27" E 20.00' 80 0 BO SCALE 1" = 80' DISTRICT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 2981 PAGE 2872 WEST LINE OF SECTION 13 EAST LINE OF SECTION 14 N 00'11'14" W PERPETUAL. NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT SLOPE AND UTILITY EASEMENT NO. 105 SUEZ (11,536± SQUARE FEET) DISTRICT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 2981 PAGE 2872 O Ito r N IN I W I+) LIM 00 ao . G I co lO M I � I W I rN N 0o I I r CO Z N 02'11'33" 0.00' W 20.00' WEST LINE O.R. BOOK 2981, PAGE 2872 N 02"11'33" W P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS 50.0' w Z J } 3 I v_ 0 N N O N N w M O) ao M r7 M M ro O In d C to in rn r 0 rn 00 to N M M SOUTH LINE OF THE r- SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) 3 3 r 0D 1� 0D N � 00 OD 00 N w Z J 3 I v_ 0 t! x 00 EXHIBIT 0000 Page,°2� of (qq U bm L.L w 3 J_ O O.R. BOOK 2229 PAGE 1040 1 50.0' P.O.C. SW CORNER OF SECTION 13 -48 -27 N 00'11'14" W 50.00' •• •e lY U rm LL J W J_ O SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 8241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL V *�+r FLORIDA, Nfg0M � C7= FORT MY5 1�1— Jl�ilrl(� `l�r•r•� f PHONE: 278-8878 F 275-7028 -7029 PROJECT: OIL WELL ROAD V E OF FLORIDA CERTIFICATE OF AURiORIZATION No. LB 5588 ATI N N INTERNET BITE: HTTP: //W WW.MUNMCREED.COM DATE; AP1lL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 105 SUE2 (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 89'35'33" E for 381.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00'24'27" W for 20.00 feet; thence N 89'35'33" E for 999.97 feet; thence S 00'29'10" E for 20.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence along said north line S 89'35'33" W for 1000.00 feet to the Point of Beginning. Containing 20,000 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8566. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD /% QQ JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRA71ON DCENSE No. LS 6389 MM 6241 ARC WAY FORT MYERS, FLORIDA, 33912 `� 1MyJ PHONE: (239) 275 -8875 F"; (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATON No. LB 6566 V INTERNET SITE: HTTI? /~.MCKIMCREED.COM O.R. BOOK 1433 PAGE 509 N 00'29'10" W EAST LINE O.R. BOOK 2981, PAGE 2872 S 00'29'10" E 1 20.00' L LEGAL DESCRIPTION AND SKETCH I e Slope and Utility Easement I Parcel No. 105 SUE2 w (This is not a Field Survey) 0i 3 - PERPETUAL, NON - EXCLUSIVE SLOPE rn I o AND UTILITY EASEMENT I SLOPE AND UTILITY EASEMENT NO. 105 SUE2 (20,000± SQUARE FEES LO I z 110 0 wlo 0 0 in I 120 0 120 � i z 3 SCALE 1" = 120' r7 00 00 I N DISTRICT SCHOOL BOARD OF COLLIER COUNTY F I N 00'24'27" W 20.00' I O.R. BOOK 2981 PAGE 2872 I P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS I I WEST LINE OF SECTION 13 I EAST LINE OF SECTION 14 DISTRICT SCHOOL BOARD OF COLLIER COUNTY N 00'11'14" W O.R. BOOK 2981 PAGE 2872 N N 00 M • J W> J_ O EXH 161T A: Of I S00'24'27 "E 50.00' [a*] ". SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 w (EXISTING CENTER LINE OF OIL WELL ROAD) r7 in M rn 00 z P.O.C. SW CORNER OF - SECTION 13 -48 -27 N 0011'14" W 50.00' SHEET 2 OF 2 ��' ����///���� ` "///���� 8241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL V 1�I K , �/, )�� FORT M75 F FLORIDA, -7029 V +.i Z�il-i�J PHONE: E OF AUTHO I A71 N N 276 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTP: //WW W.MCKIMCHEEu.UUM DATE: APTIL 14, 2007 Li LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE1 (This is not a Field Survey) EXHIBIT DESCRIPTION Page, Of,�LL A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence along the east line of said Section 14 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said east line and along said north right —of —way line S 89'35'33" W for 0.97 feet; thence continue along said north right —of —way line S 87'48'27" W for 444.32 feet to the southwest corner of lands described in Official Records Book 2981, Page 2872, of the Public Records of Collier County, Florida, and the Point of Beginning; thence leaving said north line and along the west line of said lands N 02'11'33" W for 60.00 feet; thence leaving said west line N 87'48'27" E for 95.00 feet; thence S 02'11'33" E for 60.00 feet to the said existing north right —of —way line of Oil Well Road; thence S 87'48'27" W for 95.00 feet to the Point of Beginning. Containing 5,700 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. O.R. BOOK 2981 PAGE 2872 WEST LINE OF SECTION 13 EAST LINE OF SECTION 14 N 00'11'14" W 50.00' N00'11 .14 "W a - - -- 60 0 60 W N z M SCALE 1" = 60' ZI d d O.R. BOOK 2981 3 PAGE 2872 �I 0 TEMPORARY DRIVEWAY =� RESTORATION EASEMENT NO. 105 TDRE1 (5,700± SQUARE FEET) 60.00' TEMPORARY DRIVEWAY '�' S 02'11 33 E RESTORATION EASEMENT (DURATION: 3 YEARS uJ P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT C) N I O.R. = OFFICIAL RECORDS CO R/W = RIGHT OF WAY rn ^ I 00 z WFST LINE O.R. BOOK 2981, PAGE 2872 O N 0100 Iri '4 C) 'r 00 N 02'11'33" W N 02'11'33" W O.R. BOOK 2229 60.00' PAGE 1040 G M M � ;`1 O O 00 N N 00 :I- r- 00 M P.O.C. SE CORNER OF SECTION 14 -48 -27 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE _ OF OIL WELL ROAD) 00 LD 00 r N 00 d- iD OD m 0 CL / C NO2'11'33 "W so.00' rr U 0 J WW J_ 0 SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCICM6AREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. ^ O y_ • PROJECT: OIL WELL ROAD JEFFREY M. LL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 - - STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 /�/� /� tM+'l/��.[7�..��..� ,T1■ 6241 ARC WAY ��j. lrr FW Cy Lj PHONE: (239) 275 -6675 Fm: (39) 275 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6555 INTERNET SITE: HTTP: //W W W.MCKIMCREED.COM 10C 'KHIBITA age i5?1-o OC LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE2 (This is not a Field Survey) TEMPORARY DRIVEWAY RESTORATION PUti<ATK YEAR EASEMENT DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 89'35'33" E for 226.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00'24'27" W for 65.00 feet; thence N 89'35'33" E for 155.00 feet; thence S 00'24'27" E for 65.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence along said north line S 89'35'33" W for 155.00 feet to the Point of Beginning. Containing 10,075 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. LEGAL DESCRIPTION AND SKETCH PREPARED By MCI4M&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8888. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 8241 ARC WAY 1•�•jK�i1l1`�A1jVJ V FORT FLORIDA, 33912 PHONE: 3875 F 278-7029 FLORIDA CERTFICATE OF AUTH ORI ZATI ON N o. LB 8888 INTERNET SITE: HTTPJ/W W W,MCKIMCREED.COM SHEET 1 OF 2 , 1u a ;I O.R. BOOK 1433 PAGE 509 N 00'29'10" W EAST LINE O.R. BOOK 2981, PAGE 2872 I I L_ I LEGAL DESCRIPTION AND SKETCH I Temporary Driveway Restoration Easement Parcel No. 105 TDRE2 (This is not a Field Survey) I II 120 0 120 SCALE 1" = 120' I I DISTRICT SCHOOL BOARD OF O.R. BOOK 2981 COLLIER COUNTY PAGE 2872 I I S 00'24'27" E TEMPORARY DRIVEWAY 65.00' I RESTORATION EASEMENT I NO. 105 TDRE2 I (10,075± SQUARE FEET) L w 7� TEMPORARY DRIVEWAY °o ' ) RESTORATION EASEMENT Ui M (DURATION: 3 YEARS 'n m I r OD .. Z 7" P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS N 00'24'27" W 65.00' WEST LINE OF SECTION 13 EAST LINE OF SECTION 14 DISTRICT SCHOOL BOARD OF COLLIER COUNTY N 00'11'14" W O.R. BOOK 2981 PAGE 2872 W Z J r 3 I 0 0 it m U; w r7 iU') M W w z J LLr 3 0 x Lt it w r� N N L n N 01 N V EXHIBIT Page . of S00'24'27 "E 50.00' • Cc U b rr J J W _J O SOUTH LINE OF THE SOUTHWEST QUARTER / OF SECTION 13 -48 -27 f (EXISTING CENTER LINE OF OIL WELL ROAD) S 89'35'33" W 155.00' • P.O.C. SW CORNER OF SECTION 13 -48 -27 N 00'11'14" W 50.00' SHEET 2 OF 2 * / R �+ /Tr1,7 -n�r� 6241 ARC WAY CLIENT: COLLIER CO. / CH2MHILL V 1�/r 1�1�/1L'j I�LKWM ML •L/■ FORT MVERS, FLORIDA, 33912 V PHONE: (239) 276 -6875 FU: (239) 275 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8586 INTERNET SITE: HTTP: /AVV W.MCfOMCREED.COM DATE: APTIL 74, 2007 EXHIBIT Page OLLL LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE3 (This is not a Field Survey) TEMPORARY DRIVEWAY RESTORATION EASEMENT (DUPATION: 3 YEARS I DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 89'35'33" E for 1381.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00'29'10" W for 58.00 feet; thence N 89'35'33" E for 94.50 feet to an intersection with the east line of lands described in Official Records Book 2981, Page 2872, of the Public Records of Collier County, Florida; thence along said east line S 00'29'10" E for 58.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence leaving said east line and along said north right —of —way line S 89'35'33" W for 94.50 feet to the Point of Beginning. Containing 5,481 square feet, more or less. Basis of bearings based on the Florida State Zone, NAD 83/99 being N 89'35'33" E for th Quarter (SW 1/4) of Section 13, Township 48 County, Florida, said south line also being the Road. Plane Coordinate System, East e south line of the Southwest South, Range 27 East, Collier existing center line of Oil Well LEGAL DESCRIPRON AND SKETCH PREPARED BY MGKIM &CREED, PA STATE OF FLORIDA �JCEnRTIFICATE OF AUTHORIZATION No. LB 6556. CLIENT: COLLIER CO. / CH2MHILL 4Vy_ y, _ � /�— PROJECT: OIL WELL ROAD JEFFREY M. STILL /- PP�R/O_FESSSIONAL SURVEYOR GlANND�MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 DATE: APnL 14, 2007 +-+ +�11 tr _ /1r� 8241 ARC WAY V lV1' &� wLF[� •� { L 1(,LJ� V FORT MY FLORIDA, 33912 PHONE: 275-8876 F 275-7029 CERTIFICATE OF AUTH ORI ZATI ON N o. LB 6568 INTERNET SITE: HTTP: /ANW W.MCKIMCREED.COM SHEET 1 OF 2 �r� O.R. BOOK 1433 PAGE 509 N 00'29'10" W S 00'29'10" E 58.00' \ EAST LINE O.R. BOOK 2981, PAGE 2872 1i N 89'35'33" E 94.50�L �T TEMPORARY DRIVEWAY I RESTORATION EASEMENT N 00'29'10" W NO. 105 TDRE3 58.00' (5,481 ± SQUARE FEET) I TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS . I LEGAL DESCRIPTION AND SKETCH I Temporary Driveway Restoration Easement Parcel No. 105 TDRE3 (This is not a Field Survey) I I 120 0 120 SCALE 1" = 120' I DISTRICT SCHOOL BOARD OF COLLIER COUNTY I f —1- I I O.R. BOOK 2981 PAGE 2872 I L I P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS I WEST LINE OF SECTION 13 I EAST LINE OF SECTION 14 N 00'11'14" W I DISTRICT SCHOOL BOARD OF O.R. BOOK 2981 COLLIER COUNTY PAGE 2872 N N co w z� J O> Q 3 � v_ 0 � w =0 M 0' w 17 in COr� m iA I U CC J J W _J O S 00'24'27" E 94.50' S 89'35'33" W 94.50' • C EXHIBIT Of SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 13 -48 -27 N 00'11'14" W 50.00' SHEET 2 OF 2 A V * /��A R j��� U 1�1�/1(l 5241 ARC WAY FORT MYERS, FLORIDA, 33912 CLIENT: COLLIER CO./ CH2MHILL V PHONE: (239) 275 -5875 FU: (239) 275 -7029 FLORIDA PROJECT: OIL WELL CERTIFICATE OF AUTHORIZATION No. LB 5585 ROAD �— INTERNET SITE: HTTP: //WWW,MC...... ED.COM DATE: APTIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 106 SUE EXH�g�T_.� (This is not a Field Survey) page-' ofd DESCRIPTION o A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence N 89'35'33" E along the south line of the Southwest Quarter (SW 1/4) of said Section 13, said south line also being the existing center line of Oil Well Road (C.R. 858), for 1475.91 feet; thence leaving said south line N 00'24'27" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southwest corner of lands described in Official Records Book 1433, Page 509, of the Public Records of Collier County, Florida; thence leaving said north right —of —way line and along the west line of said lands N 00'29'10" W for 20.00 feet; thence leaving said west line N 89'35'33" E for 150.19 feet to an intersection with the east line of said lands; thence along said east line S 00'29'15" E for 20.00 feet to the southeast corner of said lands and to an intersection with the aforesaid north right —of —way line of Oil Well Road; thence leaving said east line and along said north right —of —way line S 89'35'33" W for 150.19 feet to the Point of Beginning. Containing 3,004 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida. O.R. BOOK 2981 PAGE 2872 SCALE 1" = 40' 20.00' —� N 00'29'10" W RIGHT —OF —WAY LINE w C N 89'35'33" E 1475.91' P.O.C. SW CORNER OF SECTION 13 -48 -27 P.I. STATION 64 +83.59 RIGHT -OF -WAY LINE 3 i S 89'35'33" W 150.19' 3 o N PERPETUAL, NON - EXCLUSIVE SLOPE o N C5 N I AND UTILITY EASEMENT o N z I �o z „ N 89'35'33" E 15019' � OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIOM &CREED, PA STATE OF FLORIDA /� CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO. / CH2MHILL C/�J f,� ^ /�--� PROJECT: OIL WELL ROAD atrrH €V M'/ST ILL L-- (/PROFESSIONAL SURVEYOR /�AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APRIL 18, 2007 * � (� , /'Y}�7 -�-�r� 8241 ARC WAY 1�/rl SCr�rcr•r•L FO 5-8875 "- (239IDA, 33912 vFLORIDA CERTIFFIICATE OF AUTHORIZATION No. LB 5585 INTERNET SITE: HTTP: /NVWW.MCKIMCREED.OoM SHEET 1 OF 1 ro M 3 onn o O.R. BOOK 1433 w n 0 n PAGE 509 n 0 Q N 0 V d 0 0 0 0 z SLOPE AND In UTILITY EASEMENT uJ NO. 106 SUE (3,004± SQUARE FEET) 00 rn O N N p N 89'35'33" E 150.19' O n RIGHT -OF -WAY LINE 3 i S 89'35'33" W 150.19' 3 o N PERPETUAL, NON - EXCLUSIVE SLOPE o N C5 N I AND UTILITY EASEMENT o N z I �o z „ N 89'35'33" E 15019' � OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIOM &CREED, PA STATE OF FLORIDA /� CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO. / CH2MHILL C/�J f,� ^ /�--� PROJECT: OIL WELL ROAD atrrH €V M'/ST ILL L-- (/PROFESSIONAL SURVEYOR /�AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APRIL 18, 2007 * � (� , /'Y}�7 -�-�r� 8241 ARC WAY 1�/rl SCr�rcr•r•L FO 5-8875 "- (239IDA, 33912 vFLORIDA CERTIFFIICATE OF AUTHORIZATION No. LB 5585 INTERNET SITE: HTTP: /NVWW.MCKIMCREED.OoM SHEET 1 OF 1 EXHIBIT LEGAL DESCRIPTION AND SKETCH Paged pf j Qy Fee Simple Interest Parcel No. 108 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 13; thence S 88'50'05" W along the south line of the Southeast Quarter (SE 1/4) of said Section 13, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2.10 feet; thence leaving said south line N 01'09'55" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of Orange Blossom Ranch Phase 1A subdivision as shown in Plat Book 45, pages 58 -61, of the Public Records of Collier County, Florida; thence S 88'50'05" W along said north right —of —way line, and along the south line of said subdivision, for 1856.23 feet to the southwest corner of said subdivision and the Point of Beginning; thence leaving said south line and continuing along said north right —of —way line S 88'50'05" W for 821.79 feet; thence continue along said north right —of —way line S 89'35'33" W for 1051.55 feet to the southwest corner of lands described in Official Records Book 3098, Page 3331, of the said Public Records of Collier County; thence leaving said north right —of —way line N 00'29'15" W along the west line of said lands for 75.00 feet; thence leaving said west line N 89'35'33" E for 1051.16 feet; thence N 88'50'05" E for 867.94 feet to an intersection with the westerly boundary of said Orange Blossom Ranch Phase 1A subdivision; thence S 00'04'58" W along said westerly boundary for 30.01 feet; thence continue along said westerly boundary S 44'27'31" W for 64.34 feet to the Point of Beginning. Containing 3.280 acres, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 88'50'05" W for the south line of the Southeast Quarter (SE 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED By MoIOM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY kf S LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APRIL 14, 2007 rr _ 8241 ARC WAY V +VViLLL. lvL1 FORT MV5 F FLORIDA, 35912 V PHONE: E OF AUTHORIZATION ATI N N . LB 5566 FLORIDA CERTIFICATE OF AUTHORIZA710N No. LB 8568 INTERNET SITE: I- IrTPYM/WW.MCKIMCREED.COM EXHIBIT Pase ORANGE BLOSSOM RANCH PHASE 1A PLAT BOOK 45, PAGES 58 -61 N 01'09'55" W 50.00' SOUTHEAST CORNER OF / ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION RIGHT -OF -WAY LINE' : NJ I HAWTHORN ROAD c I TRACT "C" I S 00'04'58" W 30.01' WESTERLY LINE OF ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION al M 0) o' n� 0 p, COI 00 , Co LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 108 FEE I (This is not a Field Survey) w 3r P7 w z J 3 I O X 0 0 r7 M in 01 SD V) P.O.C. SE CORNER OF SECTION 13 -48 -27 P.I. STATION 118 +41.99 S 88'50'05" W 2.10' S 88'50'05" W 1856.23' S 44'27'31" W 64.34' P.O.B. SOUTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION 3 \ S01'09'55 "E 50.00' 0 P 00 00 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) SOUTH QUARTER CORNER OF SECTION 13 -48 -27 P.I. STATION 91 +61.57 I of U Iz W _J 0 SOUTH LINE OF THE r� SOUTHWEST QUARTER OF SECTION 13 -48 -27 3 (EXISTING CENTER LINE C OF OIL WELL ROAD) M M M m 00 S00'24'27 "E 50.00' SHEET 2 OF 2 * R [� , /� 5241 D. ,0 W3 2 CLIENT; COLLIER CO./ CH2MHILL V l�/r' j� j`/1 i� ■�iK`LMWM,1. J■ FORT MYERS, FLORIDA, 33912 V PHONE: E OF AUTHORIZATION Fax: N N 276-7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8888 INTERNET SITE: HTTP: //vWVW.M0KIM0REED.COM DATE: APRIL 14, 2007 in o' 0 p, 00 , ��Z 200 0 200 SCALE 1" = 200' 75.00' I FEE SIMPLE INTEREST 108 FEE 3.280± ACRES `O �I0 O.R. BOOK 3098 PAGE 3331 I , w: 01 P.O.B. = POINT OF BEGINNING Z' P.O.C. = POINT OF COMMENCEMENT I R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING I O.R. = OFFICIAL RECORDS I WEST LINE O.R. BOOK 3098, PAGE 3331 N 00'29'15 W 666 O.R. BOOK 1433 N 00'29'15" W PAGE 509 75.00' P7 w z J 3 I O X 0 0 r7 M in 01 SD V) P.O.C. SE CORNER OF SECTION 13 -48 -27 P.I. STATION 118 +41.99 S 88'50'05" W 2.10' S 88'50'05" W 1856.23' S 44'27'31" W 64.34' P.O.B. SOUTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION 3 \ S01'09'55 "E 50.00' 0 P 00 00 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) SOUTH QUARTER CORNER OF SECTION 13 -48 -27 P.I. STATION 91 +61.57 I of U Iz W _J 0 SOUTH LINE OF THE r� SOUTHWEST QUARTER OF SECTION 13 -48 -27 3 (EXISTING CENTER LINE C OF OIL WELL ROAD) M M M m 00 S00'24'27 "E 50.00' SHEET 2 OF 2 * R [� , /� 5241 D. ,0 W3 2 CLIENT; COLLIER CO./ CH2MHILL V l�/r' j� j`/1 i� ■�iK`LMWM,1. J■ FORT MYERS, FLORIDA, 33912 V PHONE: E OF AUTHORIZATION Fax: N N 276-7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8888 INTERNET SITE: HTTP: //vWVW.M0KIM0REED.COM DATE: APRIL 14, 2007 EXHIBIT _y /� LEGAL DESCRIPTION AND SKETCH Page pf Fee Simple Interest Parcel No. 109 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 24; thence N 89'35'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858), for 1928.32 feet; thence leaving said north line S 00'24'27" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the northwest corner of lands described in Official Records Book 3098, Page 3336, of the Public Records of Collier County, Florida; thence N 89'35'33" E along said south right —of —way line for 719.99 feet to the northeast corner of said lands; thence leaving said south right —of —way line S 00'29'16" E along the east line of said lands for 25.00 feet; thence leaving said east line S 89'35'33" W for 720.02 feet to an intersection with the west line of said lands; thence N 00'24'27" W along said west line for 25.00 feet to the Point of Beginning. Containing 18,000 square feet (0.413 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED By MCI4M&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5588. CLIENT: COLLIER CO.,( CH2MHILL - EDATE: OIL WELL ROAD JEFFREY STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE N. LS 8399 IL 14, 20 07 _ .- * W � (1f ACRE 6241 ARC WAY `v�� l,/r'j�lvl /ViN�`w`F[ H_. .yM L71 FORT MYERS, FLORIDA, 33912 V PHONE: E OF AUTHORIZATION Feu: N N 279-7028 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 8588 INTERNET SITE: HTTPyiWWW,MCKIMCREED.COM - NORTH QUARTER CORNER O.R. BOOK 3098 OF SECTION 24 -48 S 00'29' ' AGE 3339 P.I. STATION 91 +61.57 .57 25.00 -- S 00'29'16" E EAST LINE O.R. BOOK 3098, PAGE 3336 S00'24'27 "E 50.00' I LEGAL DESCRIPTION AND SKETCH 00 Fee Z Simple Interest Parcel No. 109 FEE EXHIBIT z. (This is not a Field Survey) Of I 3 I U o I J 80 0 80 J I SCALE 1" = 80' 0) N J m O O 0 O I 109 FEE FEE SIMPLE I NORTH LINE OF THE INTEREST NORTHWEST QUARTER 18,000± OF SECTION 24 -48 -27 �_ (EXISTING CENTER LINE W SQUARE OF OIL WELL ROAD) FEET M M W LO M m 10) LIT) 00 00 7 Z co N Z W I z I O.R. BOOK 3098 N PAGE 3336 a M } 25.00' I P.O.B. P.O.C. NW CORNER OF SECTION 24 -48 -27 P.I. STATION 64 +83.59 W M N .n Cd rn M W au WEST LINE O.R. BOOK N 00'24'27" W 25.00' n S00'24'27 "E I 50.00' RIGHT -OF -WAY LINE 38, PAGE 3336 N 00'24'27" W ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS 4 = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. — OFFICIAL RECORDS SHEET 2 OF 2 * /rr/'rA R��'1'A7r 8241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL FORT MYERS, vV 1°j '� 1�/1 ��3r'� PHONE: (239) 276 8875 W ; (239) 275-7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHOR12 nON No. LB 6588 INTERNET SITE: HTTP:jA&W W.MCIdMCREED.COM DATE: APRIL 14, 2007 EL .XHIBIT age of LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 110 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 24; thence N 89'35'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858), for 1928.32 feet; thence leaving said north line S 00'24'27" E for 50.00 feet tc an intersection with the existing south right —of —way line of said Oil Well Road; thence N 89'35'33" E along said south right —of —way line for 719.99 feet to the northwest corner of lands described in Official Records Book 3098, Page 3339, of the Public Records of Collier County, Florida, and the Point of Beginning; thence continue along said south right —of —way line N 89'35'33" E for 30.00 feet; thence continue along said south right —of —way line N 88'50'05" E for 609.36 feet to the northwest corner of Orange Blossom Ranch Phase 1B subdivision as shown in Plat Book 45, Pages 67 -71, of the said Public Records of Collier County; thence leaving said south right —of —way line S 01'09'55" E along the westerly boundary of said subdivision for 25.00 feet; thence leaving said westerly boundary S 88'50'05" W for 609.52 feet; thence S 89'35'33" W for 30.13 feet to an intersection with the west line of aforesaid lands; thence N 00'29'16" W along said west line for 25.00 feet to the Point of Beginning. Containing 15,988 square feet (0.367 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED By MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD i aerrntT M. eTLL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No LS 8389 DATE: APRIL 14, 2007 , .- * � �+,Cy 6241 ARC WAY j�/r"F 1`/1 1�l�iKWF1 FL.I+ILI FORT MYERS, FLORIDA, 33912 vFLORIDA CERTIFFIICATE OF AUTHORIZATION No. LB 8558 INTERNET SITE: HTTP://WWp,MCKIMOREED.COM - - �I NORTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1B SUBDIVISION - S01 '09'55"E 50.00' 000 W u Ir srr A of b 0 w J_ O NORTH LINE OF THE w NORTHEAST QUARTER z OF SECTION 24 -48 -27 J (EXISTING CENTER LINE W OF OIL WELL ROAD) In w in 0 0 P m 00 z N 89'35'33" E In 30.00' \ NORTH QUARTER CORNER OF SECTION 24 -48 -27 P.I. STATION 91 +61.57 S00'24'27 "E 50.00' NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. NW CORNER OF SECTION 24 -48 -27 P.I. STATION 64 +83.59 W Z J 3' 0 0 0 M 0 O ED w 0 0 P 00 00 EA w 0 M 0) � M n 0) M z � U a U U a a ORANGE BLOSSOM RANCH PHASE 1B PLAT BOOK 45, PAGES 67 -71 �I S 01'09'55" 25.00' i TRACT 1-10" E WESTERLY LINE OF ORANGE BLOSSOM RANCH PHASE 18 SUBDIVISION LEGAL DESCRIPTION AND SKETCH 1 Fee Simple Interest Parcel No, 110 FEE ' (This is not a Field Survey) N 0 O� O `O I I 80 0 80 SCALE 1" = 80' 0 10 87 Ib a0 O.R. BOOK 3098 V) PAGE 3339 Imo— 25.00' I 15,988± 110 FEE SQUARE FEET FEE SIMPLE I INTEREST I S 89'35'33" W / 30.13' f/ WEST LINE O.R. BOOK 3098, PAGE 3339 N 00'29'16" W \ 25.00' R M I RIGHT -OF -WAY LINE MN M N S00'24'27 "E 00 50.00' S 00'29'16" E O.R. BOOK 3098 PAGE 3336 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS SHEET 2 OF 2 46 824R1 IARC 3WAY CLIENT: COLLIER CO./ CH2MHILL FORT MVERB, R. -0 PHONE: (239) 275 -8875 F : (239) 275 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8580 INTERNET SITE: HTfP:6W WW.MCIOMCREED.COM DATE: APRIL 14, 2007 w z J W In a m N 89'35'33" E In 30.00' \ NORTH QUARTER CORNER OF SECTION 24 -48 -27 P.I. STATION 91 +61.57 S00'24'27 "E 50.00' NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. NW CORNER OF SECTION 24 -48 -27 P.I. STATION 64 +83.59 W Z J 3' 0 0 0 M 0 O ED w 0 0 P 00 00 EA w 0 M 0) � M n 0) M z � U a U U a a ORANGE BLOSSOM RANCH PHASE 1B PLAT BOOK 45, PAGES 67 -71 �I S 01'09'55" 25.00' i TRACT 1-10" E WESTERLY LINE OF ORANGE BLOSSOM RANCH PHASE 18 SUBDIVISION LEGAL DESCRIPTION AND SKETCH 1 Fee Simple Interest Parcel No, 110 FEE ' (This is not a Field Survey) N 0 O� O `O I I 80 0 80 SCALE 1" = 80' 0 10 87 Ib a0 O.R. BOOK 3098 V) PAGE 3339 Imo— 25.00' I 15,988± 110 FEE SQUARE FEET FEE SIMPLE I INTEREST I S 89'35'33" W / 30.13' f/ WEST LINE O.R. BOOK 3098, PAGE 3339 N 00'29'16" W \ 25.00' R M I RIGHT -OF -WAY LINE MN M N S00'24'27 "E 00 50.00' S 00'29'16" E O.R. BOOK 3098 PAGE 3336 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS SHEET 2 OF 2 46 824R1 IARC 3WAY CLIENT: COLLIER CO./ CH2MHILL FORT MVERB, R. -0 PHONE: (239) 275 -8875 F : (239) 275 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8580 INTERNET SITE: HTfP:6W WW.MCIOMCREED.COM DATE: APRIL 14, 2007 PROJECT NO. 60044 PROJECT PARCEL NO. 111 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT Page 0 THE SOUTH 50 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.442 ACRES, MORE OR LESS. TRACT 2 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE NOT TO SCALE 50 FEET EAST PROPERTY LINE Collier County Transportation Engineenng & Construction Management Department 04117107 12 '06 PM EXHIBIT LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 111 TDRE (This is not a Field Survey) DESCRIPTION The West 36.0 feet of the East 166.0 feet of the North 40.0 feet of the South 90.0 feet of Tract 2, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 1,440.0 square feet, more or less. 0. W M aZ N 89'40'50" W 385.0' TRACT ?rE MPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS Q W I TEMPORARY DRIVEWAY oC RESTORATION EASEMENT O QCr) NO. 111 TDRE 0o u] I (1,440± SQUARE FEET) 0 n 36.0' 0 I or ,o cn of to `*I Id- 130.0' r-.0— PROPOSED RIGHT -OF -WAY LINE EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 385.0' OIL WELL RD. (C.R. 858) (1001 RAN) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. 0 0 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO./ CH2MHILL i� C6 0 N w 0 m 00 NOT TO SCALE z SHEET 1 OF 1 �y PROJECT: OIL WELL ROAD • �Fll/°CLQ ' JEFFREY M. S LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APTIL 18, 2007 * ^ • /-���� 8241 ARC WAY V1Vi11`+L(WF/ L ~I,LJ� FORT MYERS, FLORIDA, 33812 vPHONE: ) 275-8875 Fiiix: (239) FLORIDA CERTIFICATE OF AUTHORIZATION No2LB 8588 INTERNET SITE: HTTPyANWW.MCKIMCREED.COM PROJECT NO. 60044 PROJECT PARCEL NOS. 112 FEE FEE SIMPLE INTERESTS EXHIBIT P � of 1 Q2/ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 1A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.186 ACRES, MORE OR LESS. FEE SIMPLE INTEREST NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17107 12:07 PM i PROJECT NO. 60044 PROJECT PARCEL NO. 113 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBI 2 Page ofd THE SOUTH 50 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. N O R T N NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17/07 12:07 PM PROJECT NO. 60044 PROJECT PARCEL NO. 115 FEE FEE SIMPLE INTEREST EXHIBIT 9e '� � 0f� Page LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 18 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY NOT TO SCALE 50 FEET N O R T A Collier County Transportation Engineering & Construction Management Department 04/17/07 12:05 PM PROJECT NO. 60044 PROJECT PARCEL NO. 116 FEE EXHIBIT FEE SIMPLE INTEREST Page . LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 16A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 04/20/07 11:34 AM PROJECT NO. 60044 PROJECT PARCEL NO. 117 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT A Page-Lt3 Of THE SOUTH 50 FEET OF TRACT 31, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. N O R T A NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17/07 12.11 PM EXHIBIT P_ Of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 117 TDRE (This is not a Field Survey) DESCRIPTION The West 32.5 feet of the East 113.5 feet of the North 30.0 feet of the South 80.0 feet of Tract 31, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 975.0 square feet, more or less. N 89'40'50" W 330.0' iv TRACT 31 TEMPORARY DRIVEW o RESTORATION EASEMI (DURATION: 3 YEARS TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 117 TDRE (975± SQUARE FEET) 0 m 0 32.5' ° or -,0 _ _ ° `H°) _81.0' 0 PROPOSED RIGHT -OF -WAY LINE 0 0 In o EXISTING RIGHT -OF -WAY LINE "T S 89'31'10" E 330.0' OIL WELL RD. (C.R. 858) (100' R/W) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. U-1 0 °o NOT TO SCALE ng SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF ALRHORIZATION No. LS 8585. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD - dtrFHtY M. 8{ILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 DATE: APTIL 18, 2007 - 1 IIC ^ 8241 ARC WAY - V 1V�••ZK�LIL`�/i� jV{j FORT MYERS, FLORIDA, 33912 V PHONE: (239) 275 -8875 Feu: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6565 INTERNET SITE: HTTP: /ANWW.MCKIMCREED.COM - PROJECT NO. 60044 PROJECT PARCEL NO. 118 FEE FEE SIMPLE INTEREST ExmBITLA- .. Of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 17A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17107 12:05 PM PROJECT NO. 60044 PROJECT PARCEL NO. 119 FEE FEE SIMPLE INTEREST EXHIBIT A Page 4b Of jq LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 34 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) ROAD RIGHT -OF -WAY LINE & PROPERTY LINE 50 FEET NOT TO SCALE PROPERTY N O R T A Collier County Transportation Engineering & Construction Management Department 04/17107 12:04 PM PROJECT NO. 60044 PROJECT PARCEL NO. 120 FEE FEE SIMPLE INTEREST EXHIBIT Page of l LEGAL DESCRIPTION S SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 32A, AND THE NORTH 21 FEET OF TRACT 33A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.318 ACRES, MORE OR LESS. FEE SIMPLE INTEREST NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17/07 12:04 PM 10 EXHIBI _� LEGAL DESCRIPTION AND SKETCH age LL of-4& Temporary Driveway Restoration Easement Parcel No. 120 TDRE1 (This is not a Field Survey) DESCRIPTION The West 27.0 feet of the South 24.5 feet of the North 45.5 feet of Tract 32A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 661.5 square feet, more or less. OIL WELL RD. (C.R. 858) (100' R/W) EXISTING RIGHT —OF —WAY LINE S 89'3110" E 330.0' 21.0' _21.0' —y PROPOSED RIGHT —OF —WAY LINE °p TEMPORARY DRIVEWAY 0; 24.5' RESTORATION EASEMENT N (MAIATION: 3 YEARS 27 0 TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 120 TDRE1 Li (661.5± SQUARE FEET) 0 m 00 TRACT 32A z N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. in c6 N I rn 0 0 LEGAL DESCRIPTION AND SKETCH PREPARED BY McK1M &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LS 6568. CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD JEFFREY M. 'b I ILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 DATE: APTIL 18, 2007 * /�/'�A � &CRE Ttr� 6241 ARC WAY l�/r'A Ivl l`+iK_.M LFJI L■ FORT MYEgS, FLORIDA, WAY vFLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP:pWWW,MCKIMCREED.COM NOT TO SCALE SHEET 1 OF 1 EXHIBIT Page. LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 120 TDRE2 (This is not a Field Survey) DESCRIPTION The East 38.5 feet of the West 177.5 feet of the South 10.0 feet of the North 31.0 feet of Tract 33A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 385.0 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 RNM EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' 21.0' _ 21.0' -y 139.0' �.- ` _ - — — In 10.0' 38.5' 10.0' c N N PROPOSED TEMPORARY DRIVEWAY RIGHT -OF -WAY LINE LU RESTORATION EASEMENT NO. 120 TDRE2 ° (385.0 SQUARE FEET o 0) TEMPORARY DRIVEWAY o RESTORATION EASEMENT m o (DURATION: 3 YEARS TRACT 33A o z M N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL, LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588, CLIENT: COLLIER CO. / CH2MHILL lie NOT TO SCALE SHEET 1 OF 1 PROJECT: OIL WELL ROAD JEFFREY M.'S711-1- - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APTIL 18, 2007 - 8241 ARC WAY Iv1l VY~ '���...,111F[WWW�•(iiMi..JJ,LJI FORT MYER3, FLORIDA, 33912 4 PHONE: (239) 275 -8875 Fe : (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8558 INTERNET SITE: HTTP: /A WW.MCKIMCREED.COM PROJECT NO. 60044 PROJECT PARCEL NO. 121 FEE SEE SIMPLE INTEREST EXHIBI PageL. Of�R� f LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 47, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 47 PROPERTY LINE FEE SIMPLE - - - - INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) ROAD RIGHT -OF -WAY LINE & PROPERTY LINE I L 50 FEET N O R T N NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17107 12 '04 PM EXHIBIT L / ofd{ LEGAL DESCRIPTION AND SKETCH Page, Temporary Driveway Restoration Easement Parcel No. 121 TDRE (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 47.0 feet of the North 25.0 feet of the South 75.0 feet of Tract 47, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. i� [V t7 0 m 0 0 N 89'40'50" W TRACT 47 330.0' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 121 TDRE (800± SQUARE FEET) 15.0' / TEMPORARY DRIVEWAY /�/ RESTORATION EASEMENT 0 32.0'- TI (DURAON: 3 YEARS - rir In NI IN 0 PROPOSED RIGHT -OF -WAY LINE 0 EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' OIL WELL RD. (C.R. 858) (1001 R/W) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. 0 0 L0 0 <} M M N w 0 m o° NOT TO SCALE Z SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED By MCKIM &CREED, 8688. PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB CLIENT: COLLIER CO. / CH2MHILL i / PROJECT: OIL WELL ROAD JEFFREY TILL - PROFESSIONAL SURVEYOR AND MAPPER -' STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APTIL 18, 2007 �*/Tl• t (� , /�}� 8241 ARC WAY V 1`/r..iK�1i1�-/11 VM(Ca1C_.Fy ML,LJ' FORT MY5 F FLORIDA, 33912 V PHONE: E OF AUTH R1 ATI N N 278-7029 FLORIDA CERTIFICATE OF ALRHORIZATION No. LB 8868 INTERNET SITE: H7TP:6WWW.MCKIMCREED.COM -" PROJECT NO. 60044 PROJECT PARCEL NO. 123 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION 8r, SKETCH (NOT A SURVEY) EXHIBIT A Page of i ?� THE SOUTH 50 FEET OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 50 LINE FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE 50 FEET NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17/07 12 '03 PM PROJECT NO. 60044 PROJECT PARCEL NO. 124 FEE FEE SIMPLE INTEREST EXHIBIT Page 5,3 of 14''q LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 48A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 04117107 12 .02 PM Q EXHIBIT_ Of LEGAL DESCRIPTION AND SKETCH Pe�� Temporary Driveway Restoration Easement Parcel No. 124 TDRE1 (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 73.5 feet of the South 30.0 feet of the North 51.0 feet of Tract 48A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 960.0 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 RW EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' 21.0' _ _ RI_ 21.0' — - o o PROPOSED 7'G-OF -WAY LINE N t'7 C5 O M 32.0' M D N N 41.5' TEMPORARY DRIVEWAY RESTORATION EASEMENT Ld NO. 124 TDRE1 NOT TO SCALE o (960.0± SQUARE FEET) m o_ m °o TRACT 48A o z TEMPORARY DRIVEWAY O RESTORATION EASEMENT co (DURATION: 3 YEARS N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIOM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD JEFFREY MS71LL L- PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 S STATE OF FLORIDA REGISTRATION LICENSE No. LS 6388 X IUM w 6241 ARC WAY } V }VJ FORT MV5 F FLORIDA, 33912 V PHONE: E OF 275-8875 A71 N N 275-7056 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8566 INTERNET SITE: HTTP: /NVWW.MCKIMCREED.COM r" M EXHIBIT_ LEGAL DESCRIPTION AND SKETCH ofd Temporary Driveway Restoration Easement Parcel No. 124 TDRE2 (This is not a Field Survey) DESCRIPTION The West 34.0 feet of the East 58.0 feet of the South 15.0 feet of the North 36.0 feet of Tract 48A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 510.0 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 RAN) EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' 21.0'_ _ _ _ 21.0'- PROPOSED RIGHT -OF -WAY LINE o 0 TEMPORARY DRIVEWAY 5 - J RESTORATION EASEMENT 34.0 r N(DURATION: 3 YEARS �I TEMPORARY DRIVEWAY 24.0' RESTORATION EASEMENT w NO. 124 TDRE2 o (510.0± SQUARE FEET) 0) o TRACT 48A z N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. 0 0 d- N 0 o_ m 0 0 In NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIQMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5558. CLIENT: COLLIER CO./ CH2MHILL - PROJECT: OIL WELL ROAD JEFFREY NC STILL - PROFESSIONAL SURVEYOR AND MAPPER 2007 DATE: APTIL T8, STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 - -- 5241 ARC WAY 0 FLORIDA, � N140rV CpM PHONE: (239) 275 -8875 Fw 239) 275 -7029 V - , FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTPyANWW.MCKIMCREED.COM - PROJECT NO. 60044 PROJECT PARCEL NO. 125 FEE FEE SIMPLE INTEREST EXHIBIT Page-EL of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 63, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 63 FEE SIMPLE ..- .. -.. -.. INTEREST ..�. PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) NOT TO SCALE 50 FEET EAST PROPERTY LINE N O R T A Collier County Transportation Engineering & Construction Management Department 04/17107 12:50 PM PROJECT NO. 60044 PROJECT PARCEL NO. 126 FEE FEE SIMPLE INTEREST EXHIBIT page 9v of--Liq LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 49A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 04117107 12 :51 PM EXHIBIT Of - LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 126 TDRE (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 69.5 feet of the South 25.0 feet of the North 46.0 feet of Tract 49A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. OIL WELL RD. (C.R. 858) (100' R/W) EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY. FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8558. CLIENT: COLLIER CO./ CH2MHILL ^ PROJECT: OIL WELL ROAD JEFFREY ff. STILL -PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 /��+,t��� ��/��{j■� -7�K 8241 ARC WAY �_ i�i—i�iiri V �r,LV.jJ,jyJ PHONE: (239) 275 -8875 Fe : (39) 275 -37029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTPyANW W.MCKIMCREED.COM NOT TO SCALE SHEET 1 OF 1 - 21.0' _ _ _ _21.0' 0 o PROPOSED RIGHT -OF -WAY LINE 0 NL _ J N TEMPORARY DRIVEWAY 00 32.0' RESTORATION EASEMENT o N (DURATION: 3 YEARS N 37.5' TEMPORARY DRIVEWAY RESTORATION EASEMENT w NO. 126 TDRE 0 (800.0± SQUARE FEET) 0 m o TRACT 49A o 0 z N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY. FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8558. CLIENT: COLLIER CO./ CH2MHILL ^ PROJECT: OIL WELL ROAD JEFFREY ff. STILL -PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 /��+,t��� ��/��{j■� -7�K 8241 ARC WAY �_ i�i—i�iiri V �r,LV.jJ,jyJ PHONE: (239) 275 -8875 Fe : (39) 275 -37029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTPyANW W.MCKIMCREED.COM NOT TO SCALE SHEET 1 OF 1 PROJECT NO. 60044 PROJECT PARCEL NO. 127 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT //PC P�_,L� of LL/ THE SOUTH 50 FEET, LESS THE EAST 5 FEET, OF TRACT 66, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.373 ACRES, MORE OR LESS. TRACT 66 LESS THE EAST 5 FEET FEE SIMPLE INTEREST - - - - PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) NOT TO SCALE 50 FEET EAST PROPERTY LINE N O R T H Collier County Transportation Engineering & Construction Management Department 04117/07 1:02 PM PROJECT NO. 60044 PROJECT PARCEL NO. 128 FEE FEE SIMPLE INTEREST EXHIBIT 0j LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 64A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE lkmc oc NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/17107 12:52 PM PROJECT NO. 60044 PROJECT PARCEL NO. 129 FEE FEE SIMPLE INTEREST EXHIBIT Pass Of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET TRACT 79, AND THE SOUTH 50 FEET OF THE EAST 5 FEET OF TRACT 66, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.385 ACRES, MORE OR LESS. TRACT 79 AND EAST 5 FEET TRACT 66 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) PROPERTY LINE NOT TO SCALE FY11yg111 EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 04/17107 12:53 PM EXHIBIT Page of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 129 TDRE (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 49.0 feet of the North 25.0 feet of the South 75.0 feet of Tract 79, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. N 89'40'50" W 330.0' OIL WELL RD. (C.R. 858) (1001 RNA BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER 00. / CH2MHILL A&2 Al PROJECT: OIL WELL ROAD JEFFREY W SnL[: - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18 2007 STATE OF FLORIDA REGISTRATION , ON LICENSE No. LS 8388 6241 ARC WAY * � /� &CREM FORT M75 F FLORIDA, 33912 lrr'1V1Y1 tl�r•r•�.i PHONE: (239) 276 -5875 Fm: (239) 275 -7028 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5586 INTERNET STTE: HTTP: /~.MCKIMCREED,COM _. SHEET 1 OF 1 TRACT 79 0 cD M M TEMPORARY DRIVEWAY RESTORATION EASEMENT N NO. 129 TDRE (800± SQUARE FEET) o 17.0' w TEMPORARY DRIVEWAY ° RESTORATION EASEMENT m ZD 0 0 32.0' - (DUPATION: 3 YEARS 0 o. 0 NOT TO SCALE r _, o (n N N Z PROPOSED RIGHT -OF -WAY LINE o 0 6 6 `n EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' OIL WELL RD. (C.R. 858) (1001 RNA BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER 00. / CH2MHILL A&2 Al PROJECT: OIL WELL ROAD JEFFREY W SnL[: - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18 2007 STATE OF FLORIDA REGISTRATION , ON LICENSE No. LS 8388 6241 ARC WAY * � /� &CREM FORT M75 F FLORIDA, 33912 lrr'1V1Y1 tl�r•r•�.i PHONE: (239) 276 -5875 Fm: (239) 275 -7028 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5586 INTERNET STTE: HTTP: /~.MCKIMCREED,COM _. SHEET 1 OF 1 PROJECT NO. 60044 PROJECT PARCEL NO. 130FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT . � of THE NORTH 21 FEET OF TRACT 65A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE N O R T H NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03/29107 3:10 PM PROJECT NO. 60044 PROJECT PARCEL NO. 131 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT Page.( of THE NORTH 21 FEET OF TRACT 80A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129/07 3:17 PM PROJECT NO. 60044 PROJECT PARCELS NO. 132FEE and 133FEE FEE SIMPLE INTERESTS LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT Page of PAkClL THE NORTH 21 FEET OF LOT 81A, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.159 ACRES, MORE OR LESS; AND Phs?C F-t_ 133 Ff- it n THE NORTH 21 FEET OF LOT 96A, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Transportation Engineenng & Construction Management Department 03/29107 3:22 PM EXHIBIT N� Page of /T/ LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. (This is not a Field Survey) DESCRIPTION 134 TDRE The East 36.0 feet of the West 167.0 feet of the North 15.0 feet of Tract 97A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 540.0 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 RAM EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' 131.0 15.0' �-��3 - 'j _� 15.0' TEMPORARY DRIA9 RESTORATION EASEMEN 0 T (DURATION: 3 YEARS 0 N N TEMPORARY DRIVEWAY RESTORATION EASEMENT w NO. 134 TDRE 3 o (540.0± SQUARE FEET) o_ m m o° TRACT 97A o z 0 N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY Md(IM &CREED, PA _ _ - STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO./ CH2MHI1-L PROJECT: OIL WELL ROAD JEFFREY M. 6ti L - f- PROFESSIONAL SURVEYOR AND MAPPER DATE: APT1L 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 ' �� ! w 8241 ARC WAY 44 V i1`r/1�— i'[�i'inr/1' �y� FORT M75 F FLORIDA, 33912 - V PHONE: E OF AUTHORIZATION ATI N N 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SITE: HTTP:/AMMV.MCKIMCREED.COM Collier County Transportafion Engineering & Construction Management Department 04118107 9:30 AM Lb EXHIBIT_��� LEGAL DESCRIPTION AND SKETCH Page, n� of Temporary Driveway Restoration Easement Parcel No. 136 TDRE (This is not a Field Survey) DESCRIPTION The West 35.0 feet of the East 175.0 feet of the North 15.0 feet of Tract 113A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 525.0 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 R/W) EXISTING RIGHT —OF —WAY LINE S 89'31'10" E 330.0' N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA _ STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY PK STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: AP71L 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - - /�����r��/� ^M-/� j� 6241 ARC WAY 1�1-1�LLr1V �jf PHONE: (239) 275 -8875 Fm: (239) 275 -37029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTFP: /iW W W.MCKIMCREED.COM 15.0' �� L- — - _� 15.0' 140.0' 35.0' o ORARY DRIVEWAY ao RATION EASEMENT EP N N TM. 3 YEARS 00 N TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 136 TORE w (525.0± SQUARE FEET) 0 0 m o TRACT 113A o 0 z N N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA _ STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY PK STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: AP71L 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - - /�����r��/� ^M-/� j� 6241 ARC WAY 1�1-1�LLr1V �jf PHONE: (239) 275 -8875 Fm: (239) 275 -37029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTFP: /iW W W.MCKIMCREED.COM PROJECT NO. 60044 PROJECT PARCEL NO. 140FEE FEE SIMPLE INTEREST EXHIBIT page of ,i LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 98, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 98 FEE SIMPLE - - - - INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) NOT TO SCALE 100 FEET EAST PROPERTY LINE N O R T H Collier County Transportation Engineering & Construction Management Department 03129107 3:29 PM PROJECT NO. 60044 PROJECT PARCEL NO. 141 FEE FEE SIMPLE INTEREST EXHIBIT 'age `70 Of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 111, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE 101111111114111111 CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 111 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE N O R T H Collier County Transportation Engineering & Construction Management Department 03129107 330 PM PROJECT NO. 60044 PROJECT PARCEL NO. 142FEE FEE SIMPLE INTEREST EXHIBIT Page 7/ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 115, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 115 WEST PROPERTY LINE FEE SIMPLE - - - - INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE 100 FEET NOT TO SCALE EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 3 '.46 PM PROJECT NO. 60044 PROJECT PARCELS NO. 143FEE FEE SIMPLE INTEREST EXHIBIT2 Page, �L, . of 4 LEGAL DESCRIPTION AND SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 116, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.803 ACRES, MORE OR LESS. 50 Feet (VIEST HALF OF EVERGLADES BLVD. RNV) I I I I I I I I TRACT 116 I I ..- ..- ..- FEE-S1MPLl = " -" INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) 1 I I 100 FEET N O R T H NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 3:32 PM PROJECT NO. 60044 PROJECT PARCELS NO. 143RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT (NOT A SURVEY) pag e-f- of Lq THE WEST 30 FEET OF THE EAST 80 FEET, LESS THE SOUTH 100 FEET, OF TRACT 116, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.153 ACRES, MORE OR LESS. EAST PROPERTY WEST HALF OF EXISTIN 100 FOOT WIDE EVERGLADES BOULEVARD RIGH OF WAY t/ .._.. _.. __.. _.._.. _.. RPETUAL, NON - EXCLUSIVE PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET D RIGHT -OF -WAY, DRAINAGE - - - • • - • • - AND UTILITY EASEMENT NORTH PROPERTY LINE * TRACT 116 100 Feet EXISTING OIL WELLROAD RIGHT -OF -WAY LINE & PROPERTY LINE SOUTH PROPERTY LINE NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 04/20107 11:45 AM PROJECT NO. 60044 PROJECT PARCEL NO. 144RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) pSgL�L Of E4 THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 114A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.163 ACRES, MORE OR LESS. EAST PROPERTY LINE WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY 1 (50 FEET) _. .._.._ _ _.. ------- __.. _.. _.._.. _.._.._.._.. _.. _.._ ._ PROPOSED ADDITIONAL RIGHT- OF- WAY130 FEET NORTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE TRACT 114A AND UTILITY EASEMENT SOUTH PROPERTY LINE NOT TO SCALE Collier County Transportation Engineering B Construction Management Department 03129107 3'.55 PM PROJECT NO. 60044 PROJECT PARCEL NO. 145RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT_ _ (NOT A SURVEY) P�� THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.454 ACRES, MORE OR LESS. / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY IN PROPOSED ADDITIONAL RIGHT- OF- WAYS30 FEET NORTH TRACT 114 NOT TO SCALE (50 FEET) _ PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LINE Collier County Transportation Engineenng & Construction Management Department 03129107 3:57 PM PROJECT NO. 60044 PROJECT PARCEL NO. 147RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT_ (NOT A SURVEY) Pa" Of yq THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.124 ACRES, MORE OR LESS. WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) X _.._.. _.._.. _.._.._. ...... ...... _..___.._.. _.. _.._.._. _ _ _ PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY LINE SOUTH PROPERTY LINE THE NORTH 180 FEET OF TRACT 128 1► NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 3 :58 PM PROJECT NO. 60044 10 PROJECT PARCEL NO. 148RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT' (NOT A SURVEY) Pege� Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. / WEST HALF OF EXISTING 100 F007 WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) N THE SOUTH 150 FEET OF TRACT 128 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering 8 Construction Management Department 03129107 3:59 PM PROJECT NO. 60044 PROJECT PARCEL NO. 149RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) m39e �rj Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) N THE NORTH 75 FEET OF TRACT 127 NOT TO SCALE (50 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4:06 PM PROJECT NO. 60044 PROJECT PARCEL NO. 150RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) pag'n Of.A� THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. EAST PROPERTY LINE / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) NORTH PROPERTY LINE T THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 127 NOT TO SCALE (50 FEET) .�_.._.._.. _.._.. PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County TransportaLon Engineering & Construction Management Department 03129107 4:08 PM I PROJECT NO. 60044 PROJECT PARCEL NO. 151RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT-44L (NOT A SURVEY) Page y of�q THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY I (50 FEET) ' N PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 127 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT Collier County Transportation Engineering & Construction Management Department 03129107 4:10 PM c PROJECT NO. 60044 PROJECT PARCEL NO. 152RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT2 (NOT A SURVEY) Page ofjgq THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) —1 PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET) — r .I I N F 30 FEET I �- I I I I THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 127 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NOT TO SCALE SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4 :11 PM PROJECT NO. 60044 10C PROJECT PARCEL NO. 153RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH "HIBIT (NOT A SURVEY) Pekw a of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. NORTH WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) r PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 126 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129/07 4:16 PM PROJECT NO. 60044 PROJECT PARCEL NO. 154RDUE PERPETUAL. NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page �3 of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) N THE SOUTH 150 FEET OF TRACT 126 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03/29/07 4:16 PM 1�r PROJECT NO. 60044 PROJECT PARCEL NO. 155RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page V=4 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) _.._.. _.. _..___.. _. _.._.._.._____ ..___.._.._.._.._,._.._.._..___ ._.._..---- PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF TRACT 125 NOT TO SCALE SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4:21 PM PROJECT NO. 60044 PROJECT PARCEL NO. 156RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page_ of .LL THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. EAST PROPERTY LINE / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET NORTH PROPERTY LINE THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 125 NOR TO SCALE _. (50 FEET)_—_---------- PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4:23 PM to PROJECT NO. 60044 PROJECT PARCEL NO. 157RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EJ(Hf1l A (NOT A SURVEY) Pe Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. // WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT- OF-WAY (50 FEET) _..X_____.._. -- _.._._----- .___ .._.._.._..___.._.._.._..___.._ _.. _..___.._.._.._.._.. PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET _.. _.. ._L_..L.. PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125 NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:24 PM PROJECT NO. 60044 PROJECT PARCEL NO. 158RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page —11 t""'71'i THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 105 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.072 ACRES, MORE OR LESS. _ _. ____ _. _.._ ._.._. _ _. _ ._. _. _ _ EAST PROPERTY LINE / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY __.._.._.._.._.._.._ ._ _ PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET NORTH PROPERTY LINE THE SOUTH 105 FEET OF TRACT 125 NORTH NOT TO SCALE (50 FEET) ' PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4:24 PM PROJECT NO. 60044 PROJECT PARCEL NO. 159RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT A (NOT A SURVEY) �� � THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180 FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.124 ACRES, MORE OR LESS. EAST PROPERTY LINE / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY _.._.._..___. _ .._.._.._.._..—. — PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET NORTH PROPERTY LINE THE NORTH 180 FEET OF TRACT 124 NORTH NOT TO SCALE (50 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4:28 PM PROJECT NO. 60044 1 V C PROJECT PARCEL NO. 161RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH E H B T' (NOT A SURVEY) Page, THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. / WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY _.._. _.._._ _.._..___.___.._..___._.._.. _..___. _ PROPOSED ADDITIONAL RIGHT- OF -WAYO FEET NORTH PROPERTY LINE THE NORTH 75 FEET OF TRACT 123 NORTH NOT TO SCALE (50 FEET) �_.. _.. _.._.._.. PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4 '.29 PM PROJECT NO. 60044 PROJECT PARCEL NO. 162RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH H(NOT A SURVEY) I THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY 1 (50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET .._.. —.. _.. .L.. .. NORTH PROPERTY LINE THE SOUTH 75 FEET OF THE NORTH 150 FEET TRACT 123 NORTH NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Constmcton Management Department 03129107 4:30 PM �0 PROJECT NO. 60044 PROJECT PARCEL NO. 163RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH =f 40f" (NOT A SURVEY) THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. EAST PROPERTY� / WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) � _.. �c ._.._.._. _.. _.._. _.._.._.. _.._.._.. _.._.._.._..___..___ _ PROPOSED ADDITIONAL RIGHT -OF -WAY 30 FEET NORTH PROPERTY LINE THE NORTH 75 FEET OF THE SOUTH 180 FEET TRACT 123 NORTH NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03129107 4'.30 PM PROJECT NO. 60044 PROJECT PARCEL NO. 164RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT (NOT A SURVEY) Page of jq�_ THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. _.._ ._.._ _. _. _ ._ _. EAST PROPERTY LINE / WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 105 FEET TRACT 123 NORTH NOT TO SCALE (50 FEET) I SOUTH Collier County Transportation Engineering & Construction Management Department 03129107 4:31 PM PROJECT NO. 60044 PROJECT PARCEL NO. 165RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXH) �T %1 (NOT A SURVEY) �e ,�,� OfL .. THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 11, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.241 ACRES, MORE OR LESS. '-INPETUAL, NON - EXCLUSIVE RW RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 11 i PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) . _.._.._.. _.._.._.. .._.._ .._.._..___.._.._.._.._..___..J L.._ _ ___.._.._.._ / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:31 PM i PROJECT NO. 60044 PROJECT PARCEL NO. 167RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT (NOT A SURVEY) Page of 7 THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.530 ACRES, MORE OR LESS. TRACT 12 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) / EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:32 PM PROJECT NO. 60044 PROJECT PARCEL NO. 169RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page L ' —of1!126-/ THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 13, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 13 PERPETUAL, NON - EXCLUSIVE 2OAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03/29107 4 .42 PM PROJECT NO. 60044 PROJECT PARCEL NO. 170RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page of-Liq THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF TRACT 13, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF TRACT 13 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY NORTH NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT _..— .. —.._ _.._.. ...... (50 FEET) Collier County Transportation Engineering & Construction Management Department 03129107 4:43 PM PROJECT NO. 60044 1 0 C PROJECT PARCEL NO. 171RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 300 FEET OF TRACT 14, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. TRACT 14 PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT i PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) L..___.._.._. ._.._..___.._.._.._.._.._.._.._ .___.._. _. _.. --- .._.._ EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:43 PM v PROJECT NO. 60044 PROJECT PARCEL NO. 172RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT (NOT A SURVEY) p� of THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 300 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. THE NORTH 300 FEET OF TRACT 15 i PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) ._.._.._.._.._...._.._.._.._ .._.._.._.._.._..__ ------- .._.J EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY NORTH NOT TO SCALE PERPETUAL, NON - EXCLUSIVE JZrjAD RIGHT -OF -WAY, DRAINAG AND UTILITY EASEMENT L.._.._ _ ._.._.._.._ (50 FEET) Collier County Transportation Engineering & Construction Management Department 03129107 4:44 PM PROJECT NO. 60044 PROJECT PARCEL NO. 173RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF TRACT 16 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:44 PM 1 PROJECT NO. 60044 PROJECT PARCEL NO. 174RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION S SKETCH =T-o- (NOT A SURVEY) f 4 14 THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16 RPETUAL, NON - EXCLUSIVE D RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) i EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) <: :K NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:45 PM PROJECT NO. 60044 PROJECT PARCEL NO. 175RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 16 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY NORTH NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) Collier County Transportation Engineering & Construction Management Department 03129107 4:45 PM PROJECT NO. 60044 PROJECT PARCEL NO. 176RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) ref,LL Of 1 4 THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 105 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE CONTAINING 0.169 ACRES, MORE OR LESS. THE NORTH 105 FEET OF TRACT 16 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) PROPERTY LINE NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03129107 4:46 PM PROJECT NO. 60044 PROJECT PARCEL NO. 177RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) P99e jD,.2' of I THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 180 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. RTH PROPERTY LINE CONTAINING 0.289 ACRES, MORE OR LESS. THE SOUTH 180 FEET OF TRACT 1 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT _ _ _ _ __..—__..—_ _.._.._.._.._..— __..— . I,___.._.. __..___.. —__.. _.._.._.._.. EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RGHT -OF -WAY (50 FEET) WEST PROPERTY LINE NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03/29107 4'.46 PM PROJECT NO. 60044 PROJECT PARCEL NO. 178RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 1 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET WEST PROPERTY LINE NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 8 .25 AM MR PROJECT NO. 60044 PROJECT PARCEL NO. 179RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) �e� of t Q q THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF TRACT 1 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY WEST PROPERTY LINE NORTH NOT TO SCALE SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) Collier County Transportation Engineering & Construction Management Department 03/30/07 8:32 AM PROJECT NO. 60044 PROJECT PARCEL NO. 181 RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page Of THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 2 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH :K NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 8 '.39 AM PROJECT NO. 60044 PROJECT PARCEL NO. 182RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIB�T (NOT A SURVEY) THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) z EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03/30107 8:40 AM U, PROJECT NO. 60044 PROJECT PARCEL NO. 183RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page Of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 105 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5 PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 105 FEET OF TRACT 2 H PROPERTY LINE I i PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) I I / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY 4 NOT TO SCALE (50 FEET) Collier County Transportation Engineering & Construction Management Department 03130107 8:41 AM EXHIBIT A Page of�1 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 183 TDRE (This is not a Field Survey) DESCRIPTION The North 34.5 feet of the South 63.0 feet of the East 15.0 feet of the West 135.0 feet of the North 105.0 feet of Tract 2, Golden Gate Estates, Unit No. 65, as recorded in Plat Book 5, Page 88 of the Public Records of Collier County, Florida. Containing 517.5 square feet, more or less. w z J Q 3 i L0 10 x C7 0 z V) X w 50.0' 0 0 0 MJ o W o C) 00 W N 50.0' 50.0' L 0 0 M _EXISTING RIGHT -OF -WAY LINE 33RD AVE. N.E. o M S 89'40'50" E 680.0' N 89'40'50" W p� TEMPORARY Y ARY U RESTORAMW �p��}ATION• N BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 65, COLLIER COUNTY, FL. NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIOM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. PROJECT: OIL WELL ROAD JEFFR . STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8388 - /��,+, ^M' TM�7� -tf,�■ 6241 ARC WAY A h1 I M �RW.�L/ PHONE: (239) 275-8875 Feu (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5585 INTERNET SITE: HTTP:IANWW.MCKIMCREED.COM NORTH LINE OF TRACT 2 o (60' R/M o M M 50.0' EXISTING RIGHT -OF -WAY LINE a r 70.0' z I -12.0' U a J a z _ 15.0 1- NORTH 105.0' o p 3I } 1 M OF TRACT 2 z _� 0 o 3 oO J CD N 115.0' 3 CY � _1 TEMPORARY DRIVEWAY 110 0 RESTORATION EASEMENT E � NO. 183 TDRE X (517.5± SQUARE FEET) I 50.0' 4 I _ 70.0' N 89'40'50" W p� TEMPORARY Y ARY U RESTORAMW �p��}ATION• N BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 65, COLLIER COUNTY, FL. NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIOM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. PROJECT: OIL WELL ROAD JEFFR . STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8388 - /��,+, ^M' TM�7� -tf,�■ 6241 ARC WAY A h1 I M �RW.�L/ PHONE: (239) 275-8875 Feu (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5585 INTERNET SITE: HTTP:IANWW.MCKIMCREED.COM PROJECT NO. 60044 PROJECT PARCEL NO. 184RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) PSge_ O 40f, THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 3, LESS THE SOUTH 30 FEET THEREOF,GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.321 ACRES, MORE OR LESS. TRACT 3 NORTH PROPERTY LINE I SOUTH PROPERTY LINE I I I I I I 30 FEET �i I I PERPETUAL, NON -EXCLUS VE i I ROAD RIGHT -OF -WAY, DRAT GE-- -- - - - - - - - - -I AND UTILITY EASEMEN1 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) I I .EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOUL VARD RIGHT -OF -WAY (50 FEET) WEST PROPERTY LINE NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 8 '.47 AM PROJECT NO. 60044 PROJECT PARCELS NO. 185RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT (NOT A SURVEY) page /8 Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 180 FEET OF TRACT 117, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 0.124 ACRES, MORE OR LESS. EAST PROPERTY LINE / WEST HALF OF EXISTING 100 FOOT WIDE E IVERGLADES BOULEVARD RIGH-OF -WAY (50 FEET) / PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE SOUTH 180 FEET OF TRACT 117 N NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 8:51 AM LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 185 TDRE (This is not a Field Survey) DESCRIPTION The South 32.0 feet of the North 46.0 feet of the West 20.0 feet of the East 100.0 feet of the South 180.0 feet of Tract 117, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 640.0 square feet, more or less. S 89'40'50" E 14.0' 20.0' 0 TEMPORARY DRIVEWAY Ci 1 RESTORATION EASEMENT "T 1 NO. 185 TDRE �� L _ (640± SQUARE FEET) 20.0' TEMPORARY DRIVEWAY RESTORATION EASEMENT (OUPATM: 9 YEARS _ N SOUTH 180.0' OF TRACT 117 NOT TO SCALE SOUTH LINE OF TRACT 117 N 89'40'50" W w z J 3 to IF 0 w 0 O CL IIr L" 30.0' 30.0' I w z J r 1< IW O Hi I� Z H V) X W BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. .:• • 50.0' J m W Q W W 50.0' 1 • a U Q W 0 W z J to Q W 0 0 0 00 0 m O O In 50.0' I O T— 50.0' w Z J r a 3 I W O c2 Ir 0 Z H- In X W SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY McI4M &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5565. PROJECT: OIL WELL ROAD ' JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 - 6241 ARC WAY FORT MV FLORIDA, 33912 lr�`J.�IVl(J PHONE: (239) 276 -8875 5 Feu: (239) 275 -7029 v FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5588 INTERNET SITE: HITP: //N/W W.MCKIMCREED.COM PROJECT NO. 60044 PROJECT PARCELS NO. 186RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT (NOT A SURVEY) Pa98_Lf0f THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. EAST PROPERTY LINE WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADE BOULEVARD R HT -OF -WAY (50 FEET) / PERPETUAL, NON - EXCLUSIVE THE ROAD RIGHT -OF -WAY, DRAINAGE SOUTH AND UTILITY EASEMENT 75 FEET OF THE NORTH PROPERTY w - NORTH - SO ITH PROPERTY LINE 150 FEET OF TRACT 117 NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 8:53 AM PROJECT NO. 60044 PROJECT PARCEL NO. 187RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHno,,L"' (NOT A SURVEY) PNe THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS f WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF-WAY _PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET) N PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF TRACT 117 NOT TO SCALE (50 FEET) SOUTH PROPERTY LINE Collier County Transportation Engineering 8 Construction Management Department 03130107 8:54 AM .� 1. EXHIBIT Page 1 I ofd LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 187 TDRE (This is not a Field Survey) DESCRIPTION The South 35.5 feet of the North 40.5 feet of the West 15.0 feet of the East 95.0 feet of the North 75.0 feet of Tract 117, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 532.5 square feet, more or less. S 89'40'50" E I 680.0' NORTH LINE OF TRACT 117 5.0' - 30.0' 50.0' r. 5.0' z w I ? Q > ° Li z l TEMPORARY DRIVEWAY RESTORATION EASEMENT �- ¢ In I NO. 187 TDRE — 1 3 a 3 , (532.5± SQUARE FEET) 15.0 o I o W o ° Q Q o 3 b Ii I z O o NORTH 75.0' o � ° OF TRACT 117 i V) z Ir n° z TEMPORARY DRIVEWAY 0 I- X W i w o ° RESTORATION EASEMENT x (DURATON: S YEARS D w W U) w 30.0' 1 50.0' 50.0' N 89'40'50" W 1 680.0' NOT TO SCALE BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555. /2,' JEFFREY IFA. STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 SHEET 1 OF 1 CLIENT: COLLIER OO. / CH2MHILL I _ PROJECT: OIL WELL ROAD DATE: APTIL 18, 2007 Vj h�/��1 `/,�'`/ �/',r(-�},[� �y��{e 5241 ARC WAY I�LL.IV �wL = PHONE: (239) 2275 -8075 FM; (239) 27537029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8555 INTERNET SITE: HTTP: /WW W.MCKIMCREED.COM N1 PROJECT NO. 60044 PROJECT PARCEL NO. 188RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page /�& of I THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY _.._.. _.. _..___.._.. .._.._..___.. ----- .._.._.._.._.._.._.._.._.. _ _ .. PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) 4 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE SOUTH 75 FEET OF TRACT 118 NOT TO SCALE (50 FEET) ,- SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 8:55 AM PROJECT NO. 60044 PROJECT PARCEL NO. 189RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) page // I ofd THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY —(50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 118 NOT TO SCALE SOUTH PROPERTY LINE Collier County Transportation Engineenng & Construction Management Department 03130107 8,56 AM M PROJECT NO. 60044 PROJECT PARCEL NO. 19ORDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) pie 1 /� o THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS f WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) _ _..—.._.. _.._..___.._.._.._..___.._.._.. _.._..___.. F PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) I I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT IORTH PROPERTY LINE SOUTH PROPERTY LINE I I I I THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 118 I I i I i I i I i I i I PER NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 03130107 8 '.57 AM PROJECT NO. 60044 PROJECT PARCEL NO. 191RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBI (NOT A SURVEY) Page P Of�� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS f WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY LINE SOUTH PROPERTY LINE I I I I THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 119 4 NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 03130107 9 '.05 AM 10 PROJECT NO. 60044 PROJECT PARCEL NO. 192RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION S SKETCH EXHIBIT 'A (NOT A SURVEY) page 1 X of I THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF-WAY L _PROPOSED ADDITIONAL RIGHT -OF -WAY 0 FEETi . NORTH PROPERTY LINE 4 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 119 NOT TO SCALE (50 FEET) SOUTH PROPERTY LINE Collier County Transportation Engineenng & Construction Management Department 03130107 9:06 AM PROJECT NO. 60044 PROJECT PARCEL NO. 193RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 150 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY Ir L PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) R PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 150 OF TRACT 119 NOT TO SCALE (50 FEET) Collier County Transportation Engineering & Construction Management Department 03130107 9 :07 AM PROJECT NO. 60044 PROJECT PARCEL NO. 194RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EMBIT (NOT A SURVEY) Paw OLLL THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.227 ACRES, MORE OR LESS / WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET) 4 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT TRACT 120 NOT TO SCALE (50 FEET) ,- SOUTH PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 9:08 AM PROJECT NO. 60044 PROJECT PARCEL NO. 196RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) Page X023 0 �� THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS. EAST PROPERTY� WEST HALF OF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY 1 (50 FEET) PROPOSED ADDITIONAL RIGHT -OF -WAY FEET NORTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -O WAY, DRAINAGE AND UTILITY EASEMENT THE SOUTH 150 FEET OF TRACT 122 NOT TO SCALE SOUTH Collier County Transportation Engineering & Construction Management Department 03130107 8:58 AM PROJECT NO. 60044 PROJECT PARCEL NO. 197RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH FJ(Fifl�T4 (NOT A SURVEY) pig l THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS. / WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY F PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY LINE _ I I I I I THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122 30 FEET- ;r I I I I I I 1 I NORTH NOT TO SCALE (50 FEET) Collier County Transportation Engineenng & Construction Management Department 03130107 8 '.59 AM PROJECT NO. 60044 PROJECT PARCEL NO. 198RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) p Jas Of—/ Qy THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 300 FEET TRACT 10, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. I THE SOUTH 300 FEET OF TRACT 10 i 9TH PROPERTY LINE I I I I I ~- SOUTH PROPERTY LINE I I I 30 FEET I I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) AND UTILITY EASEMENT FEET) / EAST HALF OF Il EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 WEST PROPERTY LINE NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 03130107 9:00 AM PROJECT NO. 60044 PROJECT PARCEL NO. 199RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Pagel _ of THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 9, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.530 ACRES, MORE OR LESS. TRACT 9 PERPETUAL. NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) I� WEST PROPERTY LINE NOT TO SCALE Collier County Transportation Engineering 8 Construction Management Department 03130107 9 :00 AM PROJECT NO. 60044 PROJECT PARCEL NO. 204RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) pveiz— of 7 THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 6, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. i i i i i i i i NORTH PROPERTY LINE I I FEET I I I i I I CONTAINING 0.241 ACRES, MORE OR LESS. i i i i THE SOUTH 150 FEET OF THE OF NORTH 180 FEET OF TRACT 6 i i i I I I I I I I I PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) I EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 9 :15 AM PROJECT NO. 60044 PROJECT PARCEL NO. 205RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH =EXHIBIT (NOT A SURVEY) �a Of l THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150 FEET OF TRACT 6, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE CONTAINING 0.241 ACRES, MORE OR LESS. THE SOUTH 150 FEET OF TRACT 6 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) NOT TO SCALE Collier County Transportation Engineenng & Construction Management Department 03130107 9 :16 AM PROJECT NO. 60044 PROJECT PARCEL NO. 206FEE EXHIBIT FEE SIMPLE INTEREST Paged Of L2 LEGAL DESCRIPTION (NOT A SURVEY) ALL OF TRACT 5, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5.15 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Transportation Engineenng & Construction Management Department 03130107 9 '.17 AM r PROJECT NO. PROJECT PARCEL NO. FEE SIMPLE INTEREST 60044 207FEE LEGAL DESCRIPTION (NOT A SURVEY) EXHI Pag / ALL OF TRACT 4, GOLDEN GATE ESTATES UNIT NO. 65 -A, A REPLAT OF GOLDEN GATE ESTATES UNIT 65, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.60 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Transportation Engineering & Construction Management Department 03130107 9:21 AM PROJECT NO. 60044 EXHIBIT PROJECT PARCEL NO. 208 FEE FEE SIMPLE INTEREST P89@ C 3L Of� LEGAL DESCRIPTION (NOT A SURVEY) ALL OF TRACT 4A, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.46 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Transportation Engineering & Construction Management Department 03130107 9:21 AM PROJECT NO. 60044 PROJECT PARCEL NO. 209 FEE FEE SIMPLE INTEREST EXHIBIT Page LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 23, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 922 AM PROJECT NO. 60044 PROJECT PARCEL NO. 213 FEE FEE SIMPLE INTEREST EXHIBIT Page /r OUL LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 55, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 9 '.57 AM PROJECT NO. 60044 PROJECT PARCEL NO. 214 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT Pege_Z,� of 1 THE WEST 100 FEET OF TRACT 55A, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.513 ACRES, MORE OR LESS. EE SIMPLd INTEREST: I WEST PROPERTY LINE PROPOSED ADDITIONAL RIGHT OF -WAY (100 FEET) TRACT 55A N O R T H NOT TO SCALE EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 9 '.58 AM Collier County Transportation Engineering & Construction Management Department 03130107 9:59 AM Collier County Transportation Engineering & Construction Management Department 03130107 10:00 AM PROJECT NO. 60044 PROJECT PARCEL NO. 221 FEE FEE SIMPLE INTEREST EXHIBIT____ Paged Of-Lq� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 74, GOLDEN GATE ESTATES UNIT NO. 55 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS I:_ WEST PROPERTY LINE FEE SIMPLE EAST PROPERTY LINE � INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) 100 FEET NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 10:03 AM PROJECT NO. 60044 PROJECT PARCEL NO. 222 FEE FEE SIMPLE INTEREST EXHIBIT Pagel 3� Of , LEGAL DESCRIPTION 8r, SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 87 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 10,04 AM PROJECT NO. 60044 PROJECT PARCEL NO. 224 FEE FEE SIMPLE INTEREST EXHIBIT Page 13q of I LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 103, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 103 FEE SIMPLE INTEREST , PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 10:14 AM PROJECT NO. 60044 PROJECT PARCEL NO. 225 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT Page 1 ItO of l 4 THE SOUTH 100 FEET OF TRACT 106, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 106 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE Collier County Transportation Engineering & Constmction Management Department 03130/07 10 '.15 AM PROJECT NO. 60044 PROJECT PARCEL NO. 226 FEE FEE SIMPLE INTEREST EXHIBIT­ -_y_ Page 141 of L LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 119 FEE SIMPLE INTEREST _.. _.._.._........ ...... _.._ +._.._ PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE Collier County Transportation Engineering & Construction Management Department 03130107 1016 AM PROJECT NO. 60044 PROJECT PARCEL NO. 227 FEE FEE SIMPLE INTEREST EXHIBIT pamLL O 44' � ( LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.613 ACRES, MORE OR LESS I I 100 FEET DRAINAGE EASEMENT I I FAKA TRACT 122 j I UNION 1 I CANAL I I I I I I I PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET)I I EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE & PROPERTY LINE I L 100 FEET FEE SIMPLE. INTEREST NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 10 .16 AM LEGAL DESCRIPTION AND SKETCH r S(n14LE z�+e(e3t Parcel No. 228 DE (POND 5) (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION i EXHIBIT Page L3 of—E4 A parcel of land lying in Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16; thence N 89'43'50" E along the south line of the Southwest Quarter (SW 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1820.26 feet; thence leaving said south line N 00'16'10" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'00'00" E for 500.00 feet; thence N 89'43'50" E for 250.00 feet; thence S 00'00'00" W for 500.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'43'50" W for 250.00 feet to the Point of Beginning. Containing 2.870 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'43 "50" E for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoKIM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555. PROJECT: OIL WELL ROAD I; �� ,.� ^ y— DATE: APRIL 14, 2007 JEFFREY M. TILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 5359 5241 ARC WAY �� FORT MYERS, 912 PHONE: (239) 275 -5875 F": (2039) 27537029 ' FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555 V INTERNET SITE: HTfPJ/W W W.MCKIMCREED.COM 10 EXHjBIT...� LEGAL DESCRIPTION AND SKETCH Page LL OL 1-EE 51 M ?LZ' ee`e Parcel No. 228 DE (POND 5) (This is not a Field Survey) O.R. BOOK 2467 PAGE 413 N 89'43'50" E 250.00' 80 0 80 "19m— iiiiiiiiiii SCALE 1" = 80' O O O O O O P.O.B. = POINT OF BEGINNING L0 228 DE L0 P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH (POND 5) Ch = CHORD O.R. = COOORDIAL REICORDS 2.870 -} W ACRES 0 0 O.R. BOOK 2467 0 °o PAGE 413 z FEE SIMPLE In INTEREST P.O.B. S 89'43'50" W 250.00' PROPOSED RIGHT -OF -WAY LINE 3 3 O p = O O Op I aOO r I b °o' EXISTING RIGHT -OF -WAY LINE_ I °p z N 89'43'50" E I z Ln LO —� i= N 89'43'50" E 250.00' ly N 89'43'50" E I1820.26' P.O.C. SW CORNER OF SECTION 16 -48 -28 P.I. STATION 225 +14.60 v NTM &crED OIL WELL RD. (C.R. 858) 1 SURVEY ' LINE ASE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 16 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 A, 6241 ARC WAY I CLIENT: COLLIER CO./ CH2MHILL FORT MYERS. FLORIDA, 33812 PHONE: (238) 275 -8875 F= (238) 275 -7028 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. L8 5586 INTERNET SITE: HTTP: /NV W W.MCK)MCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 228 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Page __ of The North 100.00 feet of the South 150.00 feet of Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'50'27" W along the west line of said Section 16 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'50'27" W for 100.01 feet; thence leaving said west line N 89'43'50" E for 2668.27 feet to a point that bears N 00'15'54" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 16; thence N 89'44'22" E for 2670.70 feet to an intersection with the east line of said Section 16; thence along said east line S 01'27'16" E for 100.02 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 01'27'16" W and 50.01 feet from the southeast corner of said Section 16; thence leaving said east line and along said north right —of —way line S 89'44'22" W for 2672.77 feet to a point that bears N 00'15'54" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 16; thence continue along said north right —of —way line S 89'43'50" W for 2667.26 feet to the Point of Beginning. Containing 12.258 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'43 "50" W for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIOM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. J PROJECT: OIL WELL ROAD JEFFREY M. - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 �/rR C/1,1�, �^y'./�K7� —{rTy7 6241 ARC WAY , ��j 1-i_'IV11�V CwLWijD PHONE: (239) 2275 -8875 Feu: (39) 276 -37029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTfP://WW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 228 FEE (This is not a Field Survey) m n1.97'1 R" W SECTION 15 SECTION 16 S 01'27'16" E 100.02' EXHIBIT Page 1ff4 of 1 120 0 SCALE 1" = 120' FEE SIMPLE INTEREST 120 228 FEE 12.258± ACRES 1 a I of n O 1 r ni r O N (D N w I ?� NI N N "4- I <t 00 00 z 1 O1 00 I V) 100.00' N 00'15'54 N 01'27'16" W I� 50.01' SE CORNER SECTION 16-48-28 P.I. STATION 278+55.17 I w a } SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 16 -48 -28 V (EXISTING CENTER LINE OF OIL WELL ROAD) a0 LO ri n Iz ro N z w N N d' m 00 0 LO 0 0 SOUTH 1/4 CORNER SECTION 16 -48 -28 P.I. STATION 251 +81.36 8241 ARC WAY CLIENT: COLIJER CO./ CH2MHILL * /KI* II &� FORT MV5 F FLORIDA, 33912 ��j irr"A 1�/1 PHONE:EOF AUTHORIZATION NN275-7029 PROJECT: OIL WELL ROAD V FLORIDA CERTiFlCATE OF AIfTHORIZA710N No. LB 8588 INTERNET BITE: H7rP: //WW W.MCIQMCREED.COM DATE: APRIL 14, 2007 00 w w LO Iz z w z 00 1J J J O.R. BOOK 2467 I3 3. 413 N N m (� 10 1` 0 N IFI- N II j ❑ C7 (0 V J P.O.B. =POINT OF BEGINNING J Ljj P.O.C. = POINT OF COMMENCEMENT p R = RADIUS z N A = ANGLE w 0 �' L = LENGTH x J Ch = CHORD 0 w w CB = CHORD BEARING Il a O O.R. = OFFICIAL RECORDS M n O B.O.S. = BEGINNING OF SURVEY �1 SOUTH LINE OF THE 00 1 00 :t SOUTHWEST QUARTER 1 M 00 OF SECTION 16 -48 -28 Z /n (EXISTING CENTER LINE I Z OF OIL WELL ROAD) N 00'50'27" W P.O.B. 100.01' 1 1 P.O.C. N 00'50'27" W SECTION 16 SW CORNER OF SECTION 17 SECTION 16 -48 - P.I. STATION 225 +1+1 4.60 N 00'50'27" W 50.00' SHEET 2 OF 2 8241 ARC WAY CLIENT: COLIJER CO./ CH2MHILL * /KI* II &� FORT MV5 F FLORIDA, 33912 ��j irr"A 1�/1 PHONE:EOF AUTHORIZATION NN275-7029 PROJECT: OIL WELL ROAD V FLORIDA CERTiFlCATE OF AIfTHORIZA710N No. LB 8588 INTERNET BITE: H7rP: //WW W.MCIQMCREED.COM DATE: APRIL 14, 2007 10r EXHIBIT Page-LL LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 228 TDRE1 (This is not a Field Survey) DESCRIPTION H� { k A parcel of land lying in Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16; thence N 89'43'50" E along the south line of the Southwest Quarter (SW 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1467.51 feet; thence leaving said south line N 00'16'10" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'16'10" W for 45.00 feet; thence N 89'43'50" E for 80.00 feet; thence S 00'16'10" E for 45.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'43'50" W for 80.00 feet to the Point of Beginning. Containing 3,600 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'43 "50" E for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. TEMPORARY DRIVEWAY RESTORATION EASEMENT (DUP,ATION: 3 YEARS O.R. BOOK 2467 TEMPORARY DRIVEWAY PAGE 413 RESTORATION EASEMENT NO. 228 TDRE1 (3,600± SQUARE FEET) 45.00' 80.00' N 89'43'50" E / N 00'16'10" W 45.00' 00'16'10" E N _ _ N 89'43'50" E ` P.O.B. PROPOSED RIGHT —OF —WAY LINE f I \ 0 3 80.00' o 0 S 89'43'50" W O NOT TO SCALE I co 0 Ion EXISTING RIGHT —OF —WAY LINE_ o z _Io I U) 0 I °n N 89'43'50" E }� N 89'43'50" E —' OIL WELL RD. (C.R. 858) I 1467.51' P.O.C. SOUTH LINE OF THE SW CORNER OF P.O.B. = POINT OF BEGINNING SOUTHWEST QUARTER OF SECTION 16 -48 -28 SECTION 16 -48 -28 P.O.C. = POINT OF COMMENCEMENT P.I. STATION 225 +14.60 R/W = RIGHT OF WAY SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MdOM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5556. PROJECT: OIL WELL ROAD JEFFREY M. STI - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY FORT MV FLORIDA, 33912 1�/t. R 1 Ivl PHONE: (239) 275 -5875 5 Fm: (239) 276 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5558 INTERNET SITE: HTTPVAVWW.MCKIMCREED.00M �' ` EXHIBIT LEGAL DESCRIPTION AND SKETCH Page Ofjf-� Temporary Driveway Restoration Easement Parcel No. 228 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 16; thence S 89'44'22" W along the south line of the Southeast Quarter (SE 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 91.78 feet; thence leaving said south line N 00'15'38" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'15'38" W for 42.00 feet; thence S 89'44'22" W for 64.00 feet; thence S 00'15'38" E for 42.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line N 89'44'22" E for 64.00 feet to the Point of Beginning. Containing 2,688 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'44'22" W for the south line of the Southeast Quarter (SE 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS TEMPORARY DRIVEWAY O.R. BOOK 2467 RESTORATION EASEMENT PAGE 413 NO. 228 TDRE2 (2,688± SQUARE FEET) 42.00' 64.00' S 00'15'38" E S 89'44'22" W N 42.00' r — — — 00'15'38" W _ S 89'44'22" _W _ PROPOSED RIGHT -OF -WAY LINE / P.O.B. 0 64.00 3 0 N 89'44'22" E 1000 o to o EXISTING RIGHT -OF -WAY LINE o U') z 0 LO 0 r,, S 89'44'22" W ' I OIL WELL RD. (C.R. 858) y } r SOUTH LINE OF THE S 89'44'22/" W SOUTHEAST QUARTER OF SECTION 16 -48 -28 91.78' P.O.B. =POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY LEGAL DESCRIPTION AND SKETCH PREPARED BY McIOM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588. CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER I DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 NOT TO SCALE P.O.C. SE CORNER OF SECTION 16 -48 -28 6241 ARC WAY NMU R &� FORT MYERS, FLORIDA, 33912 V ��l PHONE: (239) 275 -6875 Fm: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6565 INTERNET SITE: HTTP://W W W.MCIOMCREED.COM SHEET 1 OF 1 i PROJECT NO. 60044 PROJECT PARCEL NO. 231 FEE FEE SIMPLE INTEREST EXHIB f` Page A oF 74 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE WEST HALF OF TRACT 150, GOLDEN GATE ESTATES UNIT NO. 67 -A, AS RECORDED IN PLAT BOOK 9, PAGE 47, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1.165 ACRES, MORE OR LESS. N O R T H NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 10:21 AM PROJECT NO. 60044 PROJECT PARCEL NO. 232 FEE FEE SIMPLE INTEREST EXHIE31 A Page )- of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 180 FEET OF TRACT 148, GOLDEN GATE ESTATES UNIT NO. 67, AS RECORDED IN PLAT BOOK 5, PAGE 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3.64 ACRES, MORE OR LESS. N O R T H NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03130107 10:23 AM PROJECT NO. 60044 PROJECT PARCEL NO. 233RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT____ (NOT A SURVEY) Paged of 0 THE EAST 50 FEET OF THE WEST 100 FEET OF SOUTH 150 FEET OF TRACT 148, GOLDEN GATE ESTATES UNIT NO. 67, AS RECORDED IN PLAT BOOK 5, PAGE 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.172 ACRES, MORE OR LESS. NORTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT N O R T H NOT TO SCALE Collier County Transportation Engineering 8 Construction Management Department 03130107 10 .24 AM EXHIBIT 14 Page of ) 0�/ LEGAL DESCRIPTION AND SKETCH - -�''-F� R.O.W., Drainage and Utility Easement Parcel No. 234 RDUE (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying in and being a part of Tract 147, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Tract 147; thence N 00'19'10" E along the west line of said Tract 147 for 330.00 feet to the northwest corner of said Tract 147; thence S 89'40'50" E along the north line of said Tract 147 for 50.00 feet to the east line of an existing 100.00 foot wide roadway easement (Desoto Boulevard) and the Point of Beginning, said east line of Desoto Boulevard being parallel to and 50.00 feet east of, as measured at right angles from, the said west line of Tract 147; thence continue along said north line S 89'40'50° E for 25.00 feet; thence leaving said north line S 02'15'08" W for 330.19 feet to the south line of said Tract 147; thence along said south line N 89'40'50" W for 13.86 feet to the aforesaid east line of Desoto Boulevard; thence leaving said south line and along said east line of Desoto Boulevard N 00'19'10" E for 330.00 feet to the Point of Beginning. Containing 6,413 square feet, more or less. Bearings are based on the west line of Tract 147 being N 00'19'10" E as shown on the aforesaid Plat of Golden Gate Estates, Unit No. 67, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY McIOM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. PROJECT: OIL WELL ROAD JEFFREY M.� TILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 19, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - - 6241 ARC WAY - * � &� FORT MY5 F FLORIDA, 33912 V lvr'A 11vj PHONE: (239) 275 -8875 Fe�c: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6565 INTERNET SITE: HTTP:GW W W.MCKIMCREED.COM l0C, " EXHIBIT /J / � � LEGAL DESCRIPTION AND SKETCH Pegg L " of R.O.W., Drainage and Utility Easement Parcel No. 234 RDUE (This is not a Field Survey) NW CORNER OF TRACT 147 O O O M M I� d \ /m t- U Q p Iz 00 U) T W 0 w 0 0 0 0 z P.O.C. SW CORNER OF TRACT 147 r� INSE" P.O.B. S 89'40'50" E 25.00' S 8940'50" E S 89'40'50" E n U Q 0 O 0 w p Z J O H M O I J 07 3¢ o J C) w O Q� O �w W Q- O 01 �1- w z Z W J Cnw LO In< aI X w W W W O Z F In X wIw 0 m I 0 p z I N 89'40'50" W m O M M 00 p iU') N 0 2Z NORTH LINE OF TRACT 147 40 0 40 SCALE 1" = 40' 234 RDU 6,413± SQUARE FEET ID RIGHT -OF -WAY, DRAIN AND UTILITY EASEMENT TRACT 147, GOLDEN GATE ESTATES, UNIT NO. 67, PLAT BOOK 5, PAGE 89 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R.O.W. = RIGHT OF WAY N 89'40'50" W 13.86' SOUTH LINE OF TRACT 147 N 89'40'50" W TRACT 146 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275 -8875 Feu: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 INTERNET SITE: HTTP: //W W W.MCKIMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL I PROJECT: OIL WELL ROAD DATE: APRIL 19, 2007 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 234 TDRE (This is not a Field Survey) EXHIBIT Page of �{ DESCRIPTION A parcel of land lying in and being a part of Tract 147, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Tract 147; thence S 89'40'50" E along the north line of said Tract 147 for 50.00 feet to the east line of an existing 100.00 foot wide roadway easement (Desoto Boulevard); thence continue along said north line S 89'40'50" E for 25.00 feet to an intersection with the proposed east right —of —way line of Desoto Boulevard and the Point of Beginning; thence continue along said north line S 89'40'50" E for 40.50 feet; thence leaving said north line S 00'19'10" W for 49.00 feet; thence N 89'40'50" W for 42.15 feet to an intersection with the aforesaid proposed east right —of —way line of Desoto Boulevard; thence N 02'15'08" E along said proposed right —of —way line for 49.03 feet to the Point of Beginning. Containing 2,025 square feet, more or less. Bearings are based on the north line of Tract 147 being S 89'40'50" E as shown on the aforesaid Plat of Golden Gate Estates, Unit No. 67, Collier County, Florida. P.O.C. S 89'40'50" E S 89'40'50" E NW CORNER OF 50.00' 25.00' S 89'40'50" E TRACT 14\�I / / .0.3 / 40.50' ��� 1 _ r/ S 89'40'50" E 50.0' 1 50.0' W NORTH LINE OF TRACT 147 00 o S 00'19'10" W o 49.00' Z TRACT 147 N 89'40'50" W z 42.15' I J } 3 TEMPORARY DRIVEWAY N oo o RESTORATION EASEMENT 0 NO. 234 TDRE r' _ (2 025± SQLUAP FEET) o ( 2 TEMPORARY D AY RESTORATION EASEMENT Z ( Uj (DURATION: 3 YEARS °a NOT TO SCALE I a P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. F/.�GC21/ PROJECT: OIL WELL ROAD JEFFREY NK STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APT11- 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 6241 ARC WAY * � FORT MY5 FLORIDA, 33912 01 J 0] PHONE: (239) 275 -6676 Fex: (239) 276 -7029 F V FLORIDA CERTIFICATE OF AUTHORIZATION No. L S 5566 J in 0 / ° o O ° o J In o O cr o Li Z ° O LLI J 0 U) W W Z T V) W 3 W O w 0 � O) N ° Z F O Z F N O V) X Z W 50.0' 50.0' W NORTH LINE OF TRACT 147 00 o S 00'19'10" W o 49.00' Z TRACT 147 N 89'40'50" W z 42.15' I J } 3 TEMPORARY DRIVEWAY N oo o RESTORATION EASEMENT 0 NO. 234 TDRE r' _ (2 025± SQLUAP FEET) o ( 2 TEMPORARY D AY RESTORATION EASEMENT Z ( Uj (DURATION: 3 YEARS °a NOT TO SCALE I a P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. F/.�GC21/ PROJECT: OIL WELL ROAD JEFFREY NK STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APT11- 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 INTERNET SITE: HTTPJANWY✓.MCKIMCREED.COM 6241 ARC WAY * � FORT MY5 FLORIDA, 33912 jvr'I�lvl &� PHONE: (239) 275 -6676 Fex: (239) 276 -7029 F V FLORIDA CERTIFICATE OF AUTHORIZATION No. L S 5566 INTERNET SITE: HTTPJANWY✓.MCKIMCREED.COM 10 1 EXH I B 11.2 LEGAL DESCRIPTION AND SKETCH R.O.W., Drainage and Utility Easement Parcel No. 235 RDUE (This is not a Field Survey) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying in and being a part of the North 180.0 feet of Tract 146, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89, of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Tract 146; thence S 00'19'10" W along the west line of said Tract 146 for 180.00 feet to the southwest corner of the said North 180.0 feet of Tract 146; thence S 89'40'50" E along the south line of the said north 180.0 feet of Tract 146 for 50.00 feet to the east line of an existing 100.00 foot wide roadway easement (Desoto Boulevard) and the Point of Beginning, said east line of Desoto Boulevard being parallel to and 50.00 feet east of, as measured at right angles from, the said west line of Tract 146; thence continue along said south line S 89'40'50" E for 7.79 feet; thence leaving said south line N 02'15'08" E for 180.10 feet to the north line of said Tract 146; thence along said north line N 89'40'50" W for 13.86 feet to the aforesaid east line of Desoto Boulevard; thence leaving said north line and along said east line of Desoto Boulevard S 00'19'10" W for 180.0 feet to the Point of Beginning. Containing 1,949 square feet, more or less. Bearings are based on the west line of Tract 146 being N 00'19'10" E as shown on the aforesaid Plat of Golden Gate Estates, Unit No. 67, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD - PROFESSIONAL , DATE: APRIL 19. 2007 JEFFR— SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - - - 6241 ARC WAY O FLORIDA, 374.% �M&� PHONE: (239) 5-8875 F": (29) 275029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 V INTERNET SITE: HTIP: //WW W.MCKIMCREED,COM .4 1 c c EXHIBIT Page (-4p of LEGAL DESCRIPTION AND SKETCH R.O.W., Drainage and Utility Easement Parcel No. 235 RDUE (This is not a Field Survey) 40 40 0 N 89'40'50" W 13'86' SCALE 1" = 40' TRACT 147 P.O.C. N 89'40'50" w N 89'40'50" W NW CORNER OF �— 50.00' NORTH LINE OF TRACT 146 TRACT 146 I NORTH 180.0' OF TRACT 146, b 0 GOLDEN GATEESTATES, p UNIT NO. 67, PLAT BOOK 5, 00 r o 0000 PAGE 89 a r 00 ZO 3a �I °ao J � W ° 235 RDUE LO 0 z PERPETUAL, NON - EXCLUSIVE Z � I ROAD RIGHT -OF -WAY, DRAINAGE (n w 3 Ld j 949± AND UTILITY EASEMENT p - w w ° o SQUARE o m FEET 0 0I o z SOUTH LINE OF THE SW CORNER OF S 89'40'50" E NORTH 180.0' OF TRACT 146 THE NORTH 180.0' 50.00' / \ S 89'40'50" E OF TRACT 146 / \\ P.O.B. S 89'40'50" E Q 7.79' 00 M 00 C3 a o 0 Ln M w L, SOUTH 150.0' OF TRACT 146, O o GOLDEN GATEESTATES, Z z UNIT NO. 67, PLAT BOOK 5, O PAGE 89 J VJ Ln N w 0 > w p m 0 O) o F b P.O.B. = POINT OF BEGINNING p X p P.O.C. = POINT OF COMMENCEMENT N w V) R.O.W. = RIGHT OF WAY N 89'40'50" W SOUTH LINE OF TRACT 146 SW CORNER OF 50.00' N 89'40'50" W TRACT 146 TRACT 145 SHEET 2 OF 2 6241 ARC WAY CLIENT: COLLIER CO. / CH2MHILL 6 * q0 &Cy FORT 8875F FLORIDA ,33812 V ��/�"����� ��r•r•y� PHONE: (238) 275 -8875 Fe�c: (239) 276 -7028 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8566 INTERNET SITE: HTTP: //WW W.MCKIMCREED.rOM DATE: APRIL 18, 2007 10 C EXHIBIT Pag LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 236 TDRE (This is not a Field Survey) DESCRIPTION The South 58.0 feet of the North 129.5 feet of the West 57.0 feet of the East 107.0 feet of Tract 113, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida. Containing 3,306.0 square feet, more or less. EXISTING RIGHT -OF -WAY LINE_ I 0 33RD AVE. N.E. o O M S 89'40'50" E 680.0' NORTH LINE OF TRACT 113 C3 (601 RNV) o EXISTING RIGHT -OF -WAY LINE 50.0' �I 57.0' TRACT 113 J 0 M r J o l I3 m 0 C6' o o I ~ O 0 57.0' W N z ❑ I � a w TEMPORARY DRIVEWAY X w RESTORATION EASEMENT I NO. 236 TDRE (3,306.0± SQUARE FEET) NOT TO SCALE I PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT I 50.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 67, COLLIER COUNTY, FL. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIQM &CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. PROJECT: OIL WELL ROAD JEFFREYtYA. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 18, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 5241 ARC WAY N F �J FORT 8875 F FLORIDA, 33912 V l�,r. R 1 Ivl�'J PHONE: (238) 275 -8875 Fe�c: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586 INTERNET SITE: H7TP:#W WV.MCKIMCREED.COM 0 0 0 I+) Hi 0 C) 0 0 In .• • O O T 50.0' wlz r 3II w O 2 0 z V) LL X SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH FC J*(61 Parcel No. 237 DE (POND 7) (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION 1, EXHIBIT Page. ofd A parcel of land lying in Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 15, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 144.20 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 01'51'36" E for 150.10 feet; thence N 89'44'36" E for 2020.00 feet; thence S 01'51'36° W for 150.10 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'44'36" W for 2020.00 feet to the Point of Beginning. Containing 6.956 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTH�O.RRIZ!AMCN No. LB 6568. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 JEFFREY . STiLL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY FORT MYERS, MCM4& �D PHONE: (239) 2275 -8875 Fe : (299) 275 -37029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 V INTERNET SRE: HTTP://JV/W W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH E C 5L� 1� Lr T� }2iBS � Parcel No. 237 DE (POND 7) (This is not a Field Survey) S 01.51'36" W EXHIBIT ' 150.10' �ege� Of = 200 0 200 SCALE 1" = 200' FEE SIMPLE INTEREST 237 DE (POND 7) 6.956± ACRES O.R. BOOK 1537 PAGE 749 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS 0 = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS ., n, •nY, a" W N 01'51'36" E 150.10' 15 SECTION 16 0 0 0 (V 0 [V w 00 00 rA 1 100' I' I I o, o, o Iw cV Z 0 C14 I3 0 Iw N 0 ,a 3 , of Q to I M d I00 V) ' I I I I I I P.O.B. j I wl to �I �I Z, I wl z, JI} 3i II 0I0 =I �IT, ZI FI �I X W I I N 00'15' 24" W 150.00' w z J W m m Of } Of D _I 100' 150 96 • Ir U IY J O SOUTH LINE OF THE �i SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) 0 0 N O N U.1 r1 rn ao .. N00'1 5'24 "W 150.00' N 89'44'36" E � 144.20' P.O.C. SW CORNER OF �.� SECTION 15 -48 -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 6241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL 1 �/'{� R &� FORT MY6 F FLORIDA, 33912 V 1��••��j PHONE: (23� 275 -8676 Fm: (23>� 27rr7028 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586 INTERNET SITE: HTTP: /NJWW.MCIdMCREED.COM DATE: APRIL 14, 2007 LL LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 237 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Page of The North 100.00 feet of the South 150.00 feet of Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 01'27'16' W along the west line of said Section 15 for 50.01 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 01'27'16" W for 100.02 feet; thence leaving said west line N 89'44'36" E for 2674.31 feet to a point that bears N 00'15'24" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 15; thence continue N 89'44'36" E for 2666.65 feet to an intersection with the east line of said Section 15; thence along said east line S 00'40'09" E for 100.00 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 00'40'09" W and 50.00 feet from the southeast corner of said Section 15; thence leaving said east line and along said north right —of —way line S 89'44'36" W for 2667.37 feet to a point that bears N 00'15'24" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 15; thence continue along said north right —of —way line S 89'44'36" W for 2672.22 feet to the Point of Beginning. Containing 12.260 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'44 "36" W for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIOM &CREED, PA CLIENT: COLLIER CO. 1 CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8566. PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 JEFFREY W STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY 1 ( FORT MY5 FLORIDA, 33912 1`/rulvl 1q0 &� F PHONE: (230) 275 -8875 Feu: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 V INTERNET SITE: HTTP://W WW.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 237 FEE (This is not a Field Survey) N 00'40'09" W SECTION 14 Fl— N 00'40'09" W 50.00' SECTION 15 r r i i w S 00'40'09" E E 1 � � 100.00' L LOI Q Q EXHIBIT Pase of � A N N 1 N N i� n 120 0 120 N W I � � N _ 1 SCALE 1" = 120' w w 0 O O1 � z 1 V V) 00 Z 237 FEE I I Z 1 0 0 1 Ln 1 2.260± ACRES 1 100.00' N oo Is'24" w w FEE SIMPLE N INTEREST 0 000 1 z z z L LO 1 J J J z z 1 1b J O.R. BOOK 1537 I < w UJ P 749 N I< N N < I M w U 10 0 0 r r co1H N N � N 0 � 0 CO I In 0_ 0 0_ J P.O.B. = POINT OF BEGINNING ' f0 'r, , J J P.O.C. = POINT OF COMMENCEMENT J R = RADIUS O O O O N A = ANGLE � � Z N L = LENGTH W W 10 3 3: ( (j Ch = CHORD 1 10 x x J J CB = CHORD BEARING i iD o_ D D W W w w O O.R. = OFFICIAL RECORDS 0 "� I `� 0 " B.O.S. = BEGINNING OF SURVEY D I a D� rn 0 00 o N 01'27'16" W I P.O.B. 100.02' I \ I \ \\ N 01'27'16" W SECTION 15 SECTION 16 N 01'27'16" W 50.01' 6241 ARC WAY ` h * 1 /� r&� FORT M75 F FLORIDA, 33912 V l�r0�l(1 PHONE: (239) 276 -BB76 Fert: (239) 276 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6688 INTERNET SITE: HTTP .,//W W W.MCKJMCREED.COM v SE CORNER OF SECTION 15 -48 -28 P.O.T. STATION 331 +94.07 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SOUTH 1/4 CORNER SECTION 15 -48 -28 P.O.T. STATION 305 +26.34 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 15 -48 -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL I PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 f49M.11111 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 238 TDRE1 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 416.76 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 25.00 feet; thence N 89'44'36" E for 52.00 feet; thence N 00'15'24" W for 25.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 52.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 22 -48 -28 416.76' N 89'44'36" E NOT TO SCALE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -28 OIL WELL RD. (C.R. 858) 1 w N 89'44'36" E 0 °o � I S 89'44'36" W 0 n 0 52.00' n 0 (n y EXISTING RIGHT —OF —WAY LINE. N 89'44'36" E P.O.B.�I N 00'15'24" W L - - - - -J 25.00' N 89' E S 00'15'24" E 52.002.00' ' 25.00' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY O.R. BOOK 2733 PAGE 951 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoIQMBCREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666. JEFFREY M.(ST1LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 238 TDRE1 (1,300± SQUARE FEET) TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APTIL 14, 2007 6241 ARC WAY 4-0A ' 2q� ` ,C7 7r?r1 FORT MY5 F FLORIDA, 33912 in-/11~-- ,i1,C��1iLILL`.�/11 lVlll`riKWM LMJL PHONE: (239) 275 -6876 Fe�c: (239) 275 -7028 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5668 INTERNET SITE: HTTP: /NVW W.MCKIMCREED.COM SHEET 1 OF 1 I EXHIBIT Page LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 238 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1625.94 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 30.00 feet; thence N 89'44'36" E for 64.00 feet; thence N 00'15'24" W for 30.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 64.00 feet to the Point of Beginning. Containing 1,920 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. Ir P.0.C. NORTH LINE OF THE NW CORNER OF NORTHWEST QUARTER SECTION 22 -48 -28 OF SECTION 22 -48 -28 1 1625.94' I N 89'44'36" E OIL WELL RD. (C.R. 858) i w N 89'44'36" E °o -ten b S 89'44'36" W o l n o0 o 64.00' of V i EXISTING RIGHT-OF-WAY LINE t T N 89'44'36" E P.O.B. % I I N 00'0.00, W N / `_______� 30.00' N 864.00' E S 030.00' E 64.00' 30.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 238 TDRE2 P.O.B. =POINT OF BEGINNING (1,920± SQUARE FEET) P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATtON. 3 YEARS SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY McIUM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6666. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD - ") DATE: APTIL 14, 2007 JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 {' - 6241 ARC WAY 1 �/1'� [� , FORT MY5 FLORIDA, 33912 1`/rulvj f�' F PHONE: (239) 276 -8876 Fex: (239) 276 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: //W W W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH vl E E, m')Lr sDy6esL Parcel No. 239 DE1 (POND 8) (This is not a Field Survey) S=EE SIMPLE + TEREST DESCRIPTION EXHIBIT Pagajy2� ofd A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 273.92 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'40'09" W for 550.00 feet; thence S 89'44'36" W for 275.00 feet to an intersection with the west line of the said Southwest Quarter (SW 1/4) of Section 14; thence along said west line S 00'40'09" E for 550.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road, said point of intersection bearing N 00'40'09" W and 150.00 feet from the said southwest corner of Section 14; thence leaving said west line and along said proposed north right —of —way line N 89'44'36" E for 275.00 feet to the Point of Beginning. Containing 3.472 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY McMM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD m „ ' i DATE: APRIL 14, 2007: JEFFREY M. ft' L - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS W09 6241 ARC WAY 1 �'�{/1'� [� CY 1Vl`.1`LLVl 7CJt..i�r•r•LJ FORT MY5 F FLORIDA, 33912 PHONE: (239) 276 -6875 Fm: (239) 276-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 V INTERNET SITE: HTTPJNJW W.MCKIMCREED.COM r M Lc) m —� `1 O w 00 00 Q .a O 0 O 0 Lo ne olI U I i G03 0 0 0 7t 0 0 if: z 0 F- 0 O O u7 L0 W 0 0 0 10 m I Z 0 F U w 3 O O O o 14- O O - 0 z LEGAL DESCRIPTION AND SKETCH Fr t, 5 /mph /,J vSjParcel No. 239 DE1 (POND 8) (this is not a Field Survey) EXHIBIT Page l ofd S 89'44'36" W WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -28 275.00' 239 DE1 (POND 8) 3.472± ACRES FEE SIMPLE INTEREST 80 0 80 SCALE 1" = 80' O O P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT oR n = RADIUS 'n A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS 0 0 a 0 0 r. P.O.B.\ N 89'44'36" E 275.00' \ PROPOSED RIGHT -OF -WAY LINE EXISTING RIGHT -OF -WAY LINE N 89'44'36" E N 89'44'36" E 273.92' O.R. BOOK 1537 PAGE 749 I3 O N O Lo O r- 0 z o OIL WELL RD. (C.R. 858) SURVEY BASE LINE 1 P.O.C. SW CORNER OF SECTION 14 -48 -28 P.O.T. STATION 331 +94.07 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 6241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL * n �j� FORT MVERS, FLORIDA, 33912 V lvr"1� I Ivl('J PHONE: (239) 276 -8876 Fex: (239) 276 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6668 INTERNET BITE: HTTP: /NJWW.MCI4MCREED.COM DATE: APRIL 14, 2007 EXHIBIT e� LEGAL DESCRIPTION AND SKETCH p� Tee Sjo\pie Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier Countv. Florida. beina more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45'00" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 731.65 feet; thence leaving said south line N 00'15'00" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right— of —waX line for 550.00 feet; thence leaving said proposed right —of —way line N 00'15 00" W for 720.00 feet; thence N 89'45'00" E for 192.17 feet; thence S 26'40'37" E for 804.02 feet to the Point of Beginning. Containing 6.134 Acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCIOM &CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6568. PROJECT: OIL WELL ROAD JEFFREY M. STULL� -- PROFESSIONAL AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 8241 ARC WAY FORT MY FLORIDA, 33912 PHONE: (239) 276 -8876 5 F": (239) 276 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 INTERNET SITE: HTTP:/NJW W.MCKIMCREED.COM SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH 'Ln-ke Psl Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) 192.17' N 89'45'00" E 0 0 0 N r- 0 0 LO 0 0 G 13 O o Igo O O l0 0 IZ 239 DE2 (POND 9) 6.134± ACRES FEE SIMPLE INTEREST C EXHIBI PageT �� L� of 120 0 120 SCALE 1" = 120' moo. O.R. BOOK 1537 PAGE 749 F S 89'45'00" W 550.00' PROPOSED RIGHT -OF -WAY LINE d'o - EXISTING _RIGHT-OF-WAY LINE - - - S 89'45'00" W 1'45'00" W 550.00' SURVEY BASE LIN OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) v N O M &CREED P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY /P.O.B. f 13 0 00-0 0 0 O 0 Ind I0 Iz 0 In 5241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275 -8875 Feu: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. L8 5585 INTERNET SRE: HTTPdAJW W.MCIOMCREED.COM S 89'45'00" 731.65' P.O.C. SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT__e °age�of Iii The North 100.00 feet of the South 150.00 feet of Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'40'09" W along the west line of said Section 14 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'40'09" W for 100.00 feet; thence leaving said west line N 89'44'36" E for 2669.73 feet to a point that bears N 00'15'12" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 14; thence N 89'45'00" E for 2656.51 feet to an intersection with the east line of said Section 14; thence along said east line S 00'51'16" E for 100.01 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 00'51'16" W and 50.00 feet from the southeast corner of said Section 14; thence leaving said east line and along said north right —of —way line S 89'45'00" W for 2657.56 feet to a point that bears N 00'15'12" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 14; thence continue along said north right —of —way line S 89'44'36" W for 2669.00 feet to the Point of Beginning. Containing 12.228 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5585. PROJECT: OIL WELL ROAD JEFFREY M5TILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 5389 ��j hT(/'��/ /� 5241 ARC WAY I &OtE D PHONE: (239) 275 -8875 Fm: (299) 275 -7029 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555 INTERNET SITE: HTTPJ/W W W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE (This is not a Field Survey) N 00'51'16" W SECTION 13 SECTION 14 S 00'51'16" E EXHIBIT_,__ 100.01' Page jk Of /q4 120 0 120 SCALE 1" = 120' 239 FEE 1 2.228± ACRES FEE SIMPLE � 1 �1 (D N W OI : I LO m 00 z1 1 iD Ln ri Ln N O O d 0 00 _ 100.00' _ N 00'15'12" N 00'51'16" W 50.00' SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 w INTEREST z J ,z W In 1 J O.R. BOOK 1537 SOUTH LINE OF THE r SOUTHEAST QUARTER PAGE 749 OF SECTION 14 -48 -28 ¢ 3 (EXISTING CENTER LINE OF OIL WELL ROAD) 1 O 2 C� K P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS o = ANGLE w L = LENGTH w 10 Ch = CHORD 1 d CB = CHORD BEARING O p O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY la In 1 z1 I N 00'51'16" W 50.00' SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 w i /� 6241 ARC WAY N14 &�j z J /j PHONE: (239) 276-8876 Fm: (239) 275 -7029 W In a M SOUTH LINE OF THE } SOUTHEAST QUARTER DATE: APRIL 14, 2007 OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) ro 0 00 U') 0 N W 0 O 01 00 .. 0 0 0 L1 SOUTH 1/4 CORNER �- SECTION 14 -48 -28 P.I. STATION 358 +62.71 w z z J Z J } w 0 3 a O I m O r� N H 2 � O 00 O m z N X cjD w w d `rD rn � 00 rn U) N 00'40'09" W P.O.B. 100.00' 1 N 00'40'09" W SECTION 14 SECTION 15 N 00'40'09" W 50.00' •• H U 0 J J LLI J_ O SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF f— SECTION 14 -48 -28 P.O.T. STATION 331 +94.07 SHEET 2 OF 2 4-.9 i /� 6241 ARC WAY N14 &�j CLIENT: COLLIER CO./ CH2MHILL /j PHONE: (239) 276-8876 Fm: (239) 275 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. I 8588 V INTERNET SITE: HTTP:/NVWW.MCIOMCREED.COM DATE: APRIL 14, 2007 EXHIBIT__�__ Rags IL2t ofd LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TCE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION � YEARS. DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45'00" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 508.31 feet; thence leaving said south line N 00'15'00" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right —of —way line for 223.34 feet; thence leaving said proposed right —of —way line N 26'40'37" W for 195.00 feet; thence N 63'19'23" E for 200.00 feet; thence S 26'40'37" E for 294.40 feet to the Point of Beginning. Containing 1.124 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556. PROJECT: OIL WELL ROAD JEFFREY vlr.'GiSTILLL -PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - 8241 ARC WAY FORT M FLORIDA, 33912 - V 1V1 •iViV1VMtrl�JtJ' 'L PHONE: (239) 276 -8875 75 F ert: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6568 INTERNET SITE: HTTP: //WW W.MCKIMOREED.COM EXHIBIT P" ' l ot_ LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TICE (This is not a Field Survey) O.R. BOOK 1537 PAGE 749 80 0 80 11111111% =ENN===EIII SCALE 1" = 80' >ro TEMPORARY TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT NO. 239 TCE DURATION 3 YEARS. (1.124± ACRES) P.O.B. 223.34' S 89'45'00" _W PROPOSED RIGHT -OF -WAY LINE 0 0 0 00 0 00 Lo EXISTING RIGHT -OF -WAY LINE z O � 0 Ln Ln S 89'45'00" W OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.I. = POINT OF INTERSECTION S 89.45'00" W 508.31' P.O.C." SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385+20.79 SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL 5241 ARC WAY .- * /�•��A FORT MY5 FLORIDA, 33912 ��� PHONE: 239) 275 -8875 Feu: (239) 275 -7029 ( F PROJECT: OIL WELL ROAD V FLORIDA CERTIFICATE OF AUTHORIZATION ND. L8 5555 INTERNET SITE: HTTP: /ANWW.MCIdMCREED.COM DATE: APTIL 14, 2007 EXHIBIT� PageI22- ofd LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 240 TCE (this is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION YEARS. DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 23; thence S 89'45'00" W along the north line of the Northeast Quarter (NE 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 441.58 feet; thence leaving said north line S 00'15'00" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'00" E for 325.00 feet; thence S 89'45'00" W for 280.00 feet; thence N 00'15'00" W for 325.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line N 89'45'00" E for 280.00 feet to the Point of Beginning. Containing 2.089 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM &CREED, PA I CLIENT: COLLIER CO./ CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. PROJECT: OIL WELL ROAD JEFFREY M L - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 6241 ARC WAY -� ' q0 ` (� Cy FORT MVERS, FLORIDA, 33912 V lv�.�vl T�t..i�r,r•L PHONE: (239) 275 -6675 Fe : (239) 276-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTPV/W W W.MCKIMCREED.COM 91 SHEET 1 OF 2 �p r ay ►'7 3 Of--LL LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 240 TOE (This is not a Field Survey) N NOT TO SCALE NORTH LINE OF THE P.O.C. NORTHEAST QUARTER NE CORNER OF OF SECTION 23 -48 -28 SECTION 23 -48 -28 (EXISTING CENTER LINE P.I. STATION 385 +20.79 OF OIL WELL ROAD) 441.58' OIL WELL RD. (C.R. 858) S 89.45'00 " W L S 89'45'00" W A w p 100 O O I o O LO IO U) Ln 0 EXISTING RIGHT -OF -WAY LINE (n N 89'45'00" E 280.00' I P.O.B. I I of to MI IM TEMPORARY CONSTRUCTION EASEMENT NO. 240 TOE (2.085± ACRES) 3 1w 01 TEMPORARY 120 o I CONSTRUCTION EASEMENT o LO z I NATATION 3 YEARS. 10 I I S 89*45'00" W _ 280.00' P.O.B. = POINT OF BEGINNING O.R. BOOK 2733 P.O.C. = POINT OF COMMENCEMENT PAGE 951 P.I. = POINT OF INTERSECTION SHEET 2 OF 2 5241 ARC WAY CLIENT: COLLIER CO. / CH2MHILL * C &CY= FORT 8875F FLORIDA,33912 V ���'� � 1�/� PHONE: (239) 276 -8875 Feu: (239) 275 -7029 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6558 INTERNET SITE: HTTP: /ANW W.MCKIMCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 240 TDRE1 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1051.34 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44'36" E for 53.00 feet; thence N 00'15'24" W for 24.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 53.00 feet to the Point of Beginning. Containing 1,272 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.0.C. NORTH LINE OF THE NW CORNER OF NORTHWEST QUARTER SECTION 23 -48 -28 OF SECTION 23 -48 -28 I 1051.34' / N 89.44'36" E OIL WELL RD. (C.R. 858) w N 89'44'36" E o °o S 89'44'36" W o LO r' o r) I 53.00' U)ol0 1 _ 0 i _EXISTING RIGHT —OF —WAY LINE T N 89'44'36" E P.O.B. j �\ / L_____J N 00'15'24" W N N 89'44'36" E 24.00' S 00'15'24" E 53.00' 24.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE1 (1,272± SQUARE FEET) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT TEMPORARY DRIVEWAY R/W = RIGHT OF WAY RESTORATION EASEMENT (DURATION: 3 YEARS SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoKIM &CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. PROJECT: OIL WELL ROAD JEFFREY M_ STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: AP-111- 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 6241 ARC WAY * � FORT MY6 FLORIDA, 33912 V 1�/r0jvl &� F PHONE: (238) 275 -8875 Fex: (239) 276 -7028 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 INTERNET SITE: HTTP: //W W W.MCKiMCREED.COM r; is is I EXHIBIT j� Pa"-EL ofd LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 240 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 2016.83 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 20.00 feet; thence N 89'44'36" E for 55.00 feet; thence N 00'15'24" W for 20.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 55.00 feet to the Point of Beginning. Containing 1,100 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36 E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.0.C. NORTH LINE OF THE NW CORNER OF NORTHWEST QUARTER SECTION 23 -48 -28 OF SECTION 23 -48 -28 1 2016.83' I N 89'44'36" E OIL WELL RD. (C.R. 858) i w N 89'44'36" E b °-N S 89'44'36" W o o n o r 55.00' n Ino I / o I!/ _EXISTING RIGHT —OF —WAY LINE_ N 89'44'36" E P.O.B. 11 N /L--- - - -J`\ N 00'15'24" W N 89'44'36" E 20.00' S 00'15'24" E 55.00' 20.00' TEMPORARY DRIVEWAY OR BOOK 2733 RESTORATION EASEMENT . . NOT TO SCALE NO. 240 TDRE2 PAGE 951 (1,100± SQUARE FEET) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT TEMPORARY DRIVEWAY R/W = RIGHT OF WAY RESTORATION EASEMENT (DUi�A70N: 3 YEARS SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6688. 'a ®� PROJECT: OIL WELL ROAD ) -. DATE: APTIL 14, 2007 JEFFREY M. S LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY FORT MY FLORIDA, 33812 l�/r•�lVl F PHONE: (239) 275 -8876 5 Fm: (239) 27 &7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6556 V INTERNET SITE: HTTP:/ANW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No (This is not a Field Survey) DESCRIPTION EXHIBIT_ Page of � 240 TDRE3 A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 2254.95 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44'36" E for 82.00 feet; thence N 00'15'24" W for 24.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 82.00 feet to the Point of Beginning. Containing 1,968 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 23 -48 -28 2254.95' N 89'44'36" E NOT TO SCALE w o04 0 N u) o In o 0 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23- 48 —I28 OIL WELL RD. (C.R. 858) + N 89'44'36" E S 89'44'36" W -0 [/ 82.00' 'n N y / EXISTING RIGHT -OF -WAY LINE t N 89'44'36" E / L_________— N 00'15'24" W N 89-44',36" E 24.00' S 00'15'24" E 82.002.00' ' 24.00' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY TEMPORARY DRIVEWAY O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE3 (1,968± SQUARE FEET) TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. 1 CLIENT: COLLIER CO./ CH2MHIL1- PROJECT: OIL WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER I DATE: APRL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY VI�I& PHONE: (239) 2076 -8875 Feu: (39) 275 -37029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566 INTERNET SITE: HTTP:/NJW W.MCKIMGREED.COM SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION '9�(n EXHIBIT Page„ a ofd The North 100.00 feet of the South 150.00 feet of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range, 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'51'16" W along the west line of said Section 13 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'51'16" W for 100.01 feet; thence leaving said west line N 89'44'04" E for 2682.71 feet to an intersection with the east line of the Southwest Quarter of said Section 13; thence along said east line S 01'11'28" E for 100.01 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 01'11'28" W and 50.01 feet from the south One Quarter (1/4) corner of said Section 13; thence leaving said east line and along said north right —of —way line S 89'44'04" W for 2683.30 feet to the Point of Beginning. Containing 6.159 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "04" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 28 East, Collier County, Florida. K SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8668. CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD Y /Tf i 2 ` .,/. �- • - DATE: APRIL 14, 2007 JEFFREY M. S - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY 1 Q FORT MYERB, FLORIDA, 33812 1Vl`.1`LLVl iCTt..,Ar,r,j,f nO CR PHONE: (239) 276 -8876 Fax: (239) 276 -7028 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566 V INTERNET SITE: HTTP1 WW.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field Survey) O.R. BOOK 3696 PAGE 3150 N 01'11'28" W EAST LINE OF THE YLWLJ SOUTHWEST QUARTER SECTION 13 -48 -28 S 01'11'28" E z 100.01' -j 1� II IW 0 120 0 120 r- 1 M N 1 M 00 00 N SCALE 1" = 120' N N EXHIBIT Page 17 of lL N 01'11'28" W 50.01' SOUTH 1/4 CORNER �— SECTION 13 -48 -28 P.I. STATION 412+04.38 w z L0 r 00 I o U 0 to o LL N J C7 111 Z V) N w J I LU O W IN O la w d IO 241 FEE ° P.O.B. = POINT OF BEGINNING , PHONE: (239) 276 -8875 Fe�c: (239) 275 -7028 1 6.159± ? FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6508 ACRES R = RADIUS 00 FEE SIMPLE a0 INTEREST 1 O.R. BOOK 1537 1 , PAGE 749 z I EXHIBIT Page 17 of lL N 01'11'28" W 50.01' SOUTH 1/4 CORNER �— SECTION 13 -48 -28 P.I. STATION 412+04.38 w z L0 r 00 I o U 0 to o LL N J C7 111 Z V) N w J SECTION 14 N 00'51'16" W 50.00' Cep W z J W M m af ZD In SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 I LU CLIENT: COLLIER CO. / CH2MHILL 6241 ARC WAY w FORT MYERS, FLORIDA, 33812 ° ° P.O.B. = POINT OF BEGINNING :t PHONE: (239) 276 -8875 Fe�c: (239) 275 -7028 PROJECT: OIL WELL ROAD P.O.C. = POINT OF COMMENCEMENT ? FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6508 a R = RADIUS 00 m ao a0 A = ANGLE 1 L = LENGTH z I (n z Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY I N 00'51'16" W i P.O.B. 100.01' N 00 51'16" W SECTION 13 SECTION 14 N 00'51'16" W 50.00' Cep W z J W M m af ZD In SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL 6241 ARC WAY * FORT MYERS, FLORIDA, 33812 1��'1 q0M& PHONE: (239) 276 -8875 Fe�c: (239) 275 -7028 PROJECT: OIL WELL ROAD V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6508 INTERNET SITE: HTTP: /NJW W.MCKIMCREED.COM DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 247 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION 10C EXHIBIT o A parcel of land lying in Section 15, Township 48 South, Range 29 East, Collier Cnuntv. Florida. beina more Darticularly described as follows: Commence at the southwest corner of said Section 15; thence N 00'56'02" W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 282.00 feet; thence leaving said west line N 89'19'33" E for 50.00 feet to the northwest corner of lands described in Official Records Book 1369, Page 1098, of the Public Records of Collier County, Florida; thence continue N 89'19'33" E along the northerly line of said lands for 11.82 feet to an inter- section with the east right —of —way line of Camp Keais Road (as shown in Official Records Book 1579, Page 1715, of the said Public Records of Collier County) and the Point of Beginning; thence continue along said northerly line N 89'19'33" E for 18.18 feet; thence leaving said northerly line N 00'56'02" W for 140.38 feet to an intersection with the said east right —of —way line of Camp Keais Road and a point of cusp; thence southwesterly along said east right —of —way line and along the arc of a tangential curve concave to the northwest, having a radius of 540.00 feet, a central angle of 12'58'40 ", a chord bearing and distance of S 05'33'18" W, 122.05 feet, for 122.31 feet to a point of tangency; thence S 12'02'38" W, continuing along said east right —of —way line, for 19.53 feet to the Point of Beginning. Containing 860 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 00'56'02" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKErCH PREPARED BY MO(IM &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. PROJECT: OIL WELL ROAD E,,;', - L ONAL SURVEYOR AND MAPPER JEFFREY . STILL - PROFES STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 DATE: APRIL 18, 2007 ,. Y } 6241 ARC WAY 1 R FORT FLORIDA, 33912 R��/',A1 &�/'1'}��T1 . / 1Vi ••iV.LVl �..i WaJL PHONE: (239) 276 -8875 Feu. (239) 275 -7029 1875 F 1'(71/ FLORIDA CERTRCATE OF AUTHORIZATION No LB 6566 V INTERNET SITE: HTTP:/hVW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 247 FEE (This is not a Field Survey) T SECTION LINE & R/W LINE i � rU N 00'56'02" W 40 0 40 SCALE 1" = 40' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY CAMP KEAIS ROAD (801 RNV) O.R. BOOK 1579 PAGE 1715 , CURVE NO. 1 R = 500.00' A = 12'58'40" L = 113.25' Ch = 113.01' CB = N 05'33'18" E CURVE NO. 2 R = 540.00' A = 12'58'40" L = 122.31' Ch = 122.05' CB = S 05'33'18" W CURVE NO. 3 R = 460.00' A = 12'58'40" L = 104.19' Ch = 103.97' CB = N 05'33'18" E RIGHT -OF -WAY LIN w CO o' N N WI 1. z JI 3 0l O Z 0 I of CS f In SOUTH LINE OF THE SOUTHEAST I I QUARTER OF SECTION 16 -48 -29 1 0 o° aI •4 m H N N I wW 3� I o� (n z O w U �w w� U-1 z En < 0 40.00' I 40.00' to o' w ao =00 00— w 3dQ z0a- 2 0_ 0 r) N Lo P a Li to N m CD CD z� N 89'19'33" E 1 50.00' 3 NORTHERLY LINE I W not 1 PAGE 1098 N 89'19'33" E Mo 0 rol 0 0° 01 n ry zI Z z 10 N 0 o O I 0 3 N N I N 88'57'40" E OIL WELL RD. (C.R. 858) 9 N 0 0 0 3 N 0 _n 0 0 40.00' 3 N O In 0 0 EA 0 LO to O m W h 1C� N 00'56'02" W O.R. BOOK 1369 PAGE 995 00 FEE SIMPLE o INTEREST 0 � 247 FEE IN 860± 0 SQUARE LO FEET I�z J N 89'19'33" E NORTHERLY LINE O.R. BOOK 1369, \ PAGE 1098 N 89'19'33" E 18.18' P.O.B. O.R. BOOK 1369 PAGE 1098 WESTERLY LINE O.R. BOOK 1369, PAGE 1098 3 N O O 0 0 S.W. CORNER z O.R. BOOK 1369, / PAGE 1098 RIGHT -OF -WAY LINE I P.O.C. 13 SW CORNER OF ol`N SECTION 15 -48 -29 �I o to SOUTH LINE OF THE SOUTHWEST Iz QUARTER OF SECTION 15 -48 -29 N 89'19'33" E N 88'57'40" E 8.00' SHEET 2 OF 2 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275 -8875 Fe : (239) 276-7029 FLORIDA CERTIFICATE OF ALI HORRATION No. LB 6568 INTERNET SITE: HTTP: /NJW W.MCIOMCREED.COM CLIENT: COLLIER CO./ OH2MHILL I PROJECT: OIL WELL ROAD DATE: APRIL 18, 2007 .. - LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 248 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Page L of-4 A parcel of land lying in Section 15, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 00'5602° W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 282.00 feet; thence leaving said west line N 89'19'33" E for 50.00 feet to the northwest corner of lands described in Official Records Book 1369, Page 1098, of the Public Records of Collier County, Florida; thence continue N 89'19'33" E along the northerly line of said lands for 11.82 feet to an inter- section with the east right —of —way line of Camp Keais Road (as shown in Official Records Book 1579, Page 1715, of the said Public Records of Collier County) and the Point of Beginning; thence continue along said northerly line N 89'19'33" E for 18.18 feet; thence leaving said northerly line S 00'56'02" E for 232.00 feet to an intersection with the north right —of —way line of Oil Well Road (C.R. 858); thence S 89'1933° W along said north right —of —way line for 30.00 feet to the southwest corner of said lands; thence N 00'56'02" W along the westerly line of said lands for 180.65 feet to an intersection with the said east right —of —way line of Camp Keais Road; thence leaving said westerly line and along said east right —of —way line N 12'02'38" E for 52.64 feet to the Point of Beginning. Containing 6657 square feet (0.153 acres), more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 00'56'02" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 29 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM &CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6588. 1 CLIENT: COLLIER CO. / CH2MHILL A&= PROJECT: OIL WELL ROAD JEFFREY NCATILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 HTTPJ/W W W.MCKIMCREED.COM 6241 ARC WAY N2�/��1 C/,��/ J^y�-l/��(7�- y��- y�,-�. I0M �4j �..i PHONE: (239) 276 -6876 Fm: (39) 275 -37029 _ FLORIDA CEFMFICATE OF AUTHORIZATION No. LB 6566 V INTERNET SITE: HTTPJ/W W W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 248 FEE r (This is not a Field Survey) EXHIBIT A i Page I t a of � y SCALE 1" = 40' SECTION LINE & R/W LINE N 00'56'02" W OI I P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY CAMP KEAIS ROAD (801 RNV) O.R. BOOK 1579 PAGE 1715 CURVE NO. 1 R = 500.00' A = 12'58'40" L = 113.25' Ch = 113.01' CB = N 0533'18" E CURVE NO. 2 R = 540.00' A = 12'58'40" L = 122.31' Ch = 122.05' CB = N 05'33'18" E CURVE NO. 3 R = 460.00' A = 12'58'40" L = 104.19' Ch = 103.97' CB = N 05'33'18" E RIGHT -OF -WAY LINT Z I JI r 3 U- X 0 W 0 N rq SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 16 -48 -29 0 0 0 40.00' rn � N �..1I 3 Z I N Z) = U) z 0 W U W to O0 w zWJ u~i < Rm N 89'19'33" E N 00'56'02" W 40.00' U.1 M_ 0I z �o 01 0 O.R. BOOK 1369 3 PAGE 995 ID i O O 3: I� N.W. CORNER O.R. BOOK 1369, PAGE 1098 N 89'19'33" E 50.00' 3 M_ 0I .w �o 01 0 O N zJ 7 i 0 0 N cc N 00 W �O N Z M J Y 0 O w O I:Jmw V1 C� 0 µ30a 40.00' 40.00' (V 0 0 3 0 N O O ;n 3 0 0 I N z O '001 n 01 0 L1 0 I z 1 N 88'57'40" E OIL WELL RD. (C.R. 858) 1 N 88'57'40" E 8.00' ®1 I rn �0) Y CD 0w 00 M< Q- C3 0 u1 N 89'19'33" E 11.82' N 89'19'33" E W NORTHERLY LINE O.R. BOOK 1369, CO PAGE 1098 N N 89'19'33" E N 40 18.18' Z , I 00 O.R. BOOK 1369 IC j PAGE 1098 LO M N o I 248 FEE Iw 6657± o SQUARE 3 0 FEET to 0 : 0 FEE SIMPLE LO I V' INTEREST O 0 Z S.W. CORNER O.R. BOOK 1369, / 1 PAGE 1098 RIGHT -OF -WAY LINE I I S 89'19'33" W 01 n 30.00' io 1 SOUTH LINE OF THE SOUTHWEST I QUARTER OF SECTION 15 -48 -29 N 89'19'33" E P.O.C. SW CORNER OF SECTION 15 -48 -29 5241 ARC WAY L�A * IM &MM FORT 1875 F FLORIDA, 33912 j_ jrr'A 1 �/1 PHONE: E OF 275887 I ATI N N . LB 6529 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET BITE: HTfP: //W W W.MCKIMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL I PROJECT: OIL WELL ROAD I DATE: APRIL 14, 2007 EXHIBIT LEGAL DESCRIPTION AND SKETCH P8g@ g3 Of < Fee Simple Interest Parcel No. 249 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 15, Township 48 South, Range 29 East, Collier Countv. Florida. beina more Darticularlv described as follows: Commence at the southwest corner of said Section 15; thence N 00'56'02" W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 50.00 feet; thence leaving said west line N 89'19'33" E for 32.00 feet to the intersection of the north right —of —way line of Oil Well Road (C.R. 858) and the east right —of —way line of Camp Keois Road (as shown in Official Records Book 1579, Page 1715, of the Public Records of Collier County, Florida) and the Point of Beginning; thence N 00'56'02" W along said east right —of —way line for 50.15 feet to a point of curvature; thence continue northeasterly along said east right —of —way line and along the arc of a tangential curve concave to the southeast, having a radius of 460.00 feet, a central angle of 12'58'40 ", a chord bearing and distance of N 05'33'18" E, 103.97 feet, for 104.19 feet to a point of tangency, thence N 12'02'38" E, continuing along said east right —of —way line, for 27.83 feet to an intersection with the westerly line of lands described in Official Records Book 1369, Page 1098, of the said Public Records of Collier County, thence leaving said east right —of —way line and along said westerly line S 00'56'02" E for 180.65 feet to an intersection with the said north right —of —way line of Oil Well Road and to the southwest corner of said lands; thence leaving said westerly line and along said north right —of —way line S 89'19'13" W for 18.00 feet to the Point of Beginning. Containing 2,445 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 00'56'02" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6558. STATE OF SURVEYOR AND MAPPER LICENSE No. LS 8389 CLIENT: COLLIER CO. I CH2MHIL1- PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 8241 ARC WAY 8 ��j I��& PHONE: (239) 276-8875 F": (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 V INTERNET SITE: HTTP:/NJW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 249 FEE (This is not a Field Survey) IBIT ✓' � I �'� of SCALE 1" = 40' SECTION LINE & R/W LINE N 00'56'02" W P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY CAMP KEAIS ROAD ($0I RW O.R. BOOK 1579 PAGE 1715 CURVE NO. 1 R = 500.00' A = 12'58'40" L = 113.25' Ch = 113.01' CB = N 05'33'18" E CURVE NO. 2 R = 540.00' A = 12'58'40" L = 122.31' Ch = 122.05' CB = N 05'33'18" E CURVE NO. 3 R = 460.00' A = 12'58'40" L = 104.19' Ch = 103.97' CB = N 0533'18" E RIGHT -OF -WAY LIN I I°o ILn 0 0 O W CO 5 0 N N wl z JI 3 �lO I- x c� 40.00' N 89'19'33" E 32.00' SOUTH LINE OF THE SOUTHEAST r QUARTER OF SECTION 16 -48 -29 N 88'57'40" E OIL WELL RD. (C.R. 858) I (N 0 0 0 -40.06' M N n I 'J OD _ rn �o wF F 0 W �V) 00 Li M of OW I- Cr N Q C% 0 0 0 N 00'56'02" W 40.06' z } O.R. BOOK 1369 3 PAGE 995 O O � I� N.W. CORNER O.R. BOOK 1369, PAGE 1098 31 - I LO NI zW rro °� U') N 0 1 0 ^ zl W z CD N N z � � 40.00' 3: N no 0 o 0 N 89'19'33" E 11.82' tf N 89'19'33" E WESTERLY LINE O.R. BOOK 1369, PAGE 1098 FEE SIMPLE C5 INTEREST 249 FEE 2,445± SQUARE ``' FEET N O LO O S.W. CORNER O O.R. BOOK 1369, (n PAGE 1098 '� _ j If RIGHT -OF -WAY LI 3 -- N 3 I LO 0 o S 89'19'33" W of 0 o to 01 °n o P.O.B. 18.00' LI z o 1 1 z SOUTH LINE OF THE SOUTHWEST 7 QUARTER OF SECTION 15 -48 -29 N 88'57'40" E 8.00' N 89'19'33" E P.O.C. SW CORNER OF SECTION 15 -48 -29 6241 ARC WAY .- * /�'T�A �j� FORT MY5 F FLORIDA, 33912 V ��/�" � � 1 ��(� PHONE: (239) 275 -8075 Pex: (239) 276 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: //W W W.MCIOMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 NORTHERLY LINE W O.R. BOOK 1369, PAGE 1098 M d. o`D N h z O.R. BOOK 1369 PAGE 1098 FEE SIMPLE C5 INTEREST 249 FEE 2,445± SQUARE ``' FEET N O LO O S.W. CORNER O O.R. BOOK 1369, (n PAGE 1098 '� _ j If RIGHT -OF -WAY LI 3 -- N 3 I LO 0 o S 89'19'33" W of 0 o to 01 °n o P.O.B. 18.00' LI z o 1 1 z SOUTH LINE OF THE SOUTHWEST 7 QUARTER OF SECTION 15 -48 -29 N 88'57'40" E 8.00' N 89'19'33" E P.O.C. SW CORNER OF SECTION 15 -48 -29 6241 ARC WAY .- * /�'T�A �j� FORT MY5 F FLORIDA, 33912 V ��/�" � � 1 ��(� PHONE: (239) 275 -8075 Pex: (239) 276 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: //W W W.MCIOMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 250 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION E XHIBIT..L A parcel of land lying in Section 21, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 21, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the east line of said Section 21 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south line and continuing along said east line S 00'31'06" E for 60.00 feet; thence leaving said east line S 88'57'40" W for 46.50 feet; thence N 00'31'06" W for 20.00 feet; thence S 88'57'40" W for 534.78 feet to a point of curvature; thence westerly along the arc of a curve concave to the north, having a radius of 8075.00 feet, a central angle of 03'24'01 ", a chord bearing and distance of N 89'20'20" W, 479.15 feet, for 479.22 feet to a point of tangency; thence N 87'38'19" W for 434.75 feet to an intersection with the said existing south right —of —way line of Oil Well Road, said point of intersection bearing S 01'02'20" E and 50.00 feet from, as measured at right angles, the north line of the Northeast Quarter (NE 1/4) of said Section 21; thence along said south right —of —way line N 88'57'40" E for 1494.56 feet to the Point of Beginning. Containing 1.071 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 88'57'40" E for the north line of the Northeast Quarter (NE 1/4) of Section 21, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY ML'19M &CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6565. PROJECT: OIL WELL ROAD - I' JEFF�STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 `/,�'`/ ^M-/�}� 8241 ARC WAY V h140M V �D PHONE: (239) 275 -8875 Fm: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8565 INTERNET STTE: H7TPYNJW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 250 FEE (This is not a Field Survey) S00'31'06 "E 50.00' P.O.C. NE CORNER OF SECTION 21 -48 -29 P.I. STATION 597 +23.36 I NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 21 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) w z J CO LID N 00 m cD LL Lq d' U LJ J W Q' 3 3 I w o o: z z F r2 X w CI W O i a o w 0 v io :D 00 EA r OD ao 00 ►J I n 4 I C EXHIBIi� Page lk of S01'02'20 "E 50.00' STA. 582 +28.34 6241 ARC WAY ' FORT MVERB, FLORIDA, 33912 PHONE: (239) 275 -6875 Fe : (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SRE: HTTP://W WW.MCI(IMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER C.O. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 S 00'31'06" E 60.00' SECTION 22 S 00'31'06" E SECTION 21 P.O.C. = POINT OF COMMENCEMENT R = RADIUS S 88'57'40" W 1 0) ^ 1 � 1 46.50' Ch = CHORD I00 N 00'31'06" W 1 d O.R. = OFFICIAL RECORDS 20.00' B.O.S. = BEGINNING OF SURVEY 1 � 1 M I LO 1 1 3 I 150 0 150 O 1 � 1 r- SCALE 1" = 150' IU) 250 FEE 1.071 ACRES ' FEE SIMPLE IINTEREST R = 8075.00' A = 03'24'01" I L = 479.22' Ch = 479.15' 1 CB = N 89'20'20" W I ' O.R. BOOK 2589 PAGE 1084 1 1 S01'02'20 "E 50.00' STA. 582 +28.34 6241 ARC WAY ' FORT MVERB, FLORIDA, 33912 PHONE: (239) 275 -6875 Fe : (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SRE: HTTP://W WW.MCI(IMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER C.O. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 P.O.B. = POINT OF BEGINNING I P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE 1 0) ^ L = LENGTH Ch = CHORD CB = CHORD BEARING 1 d O.R. = OFFICIAL RECORDS 1 B.O.S. = BEGINNING OF SURVEY Z S01'02'20 "E 50.00' STA. 582 +28.34 6241 ARC WAY ' FORT MVERB, FLORIDA, 33912 PHONE: (239) 275 -6875 Fe : (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET SRE: HTTP://W WW.MCI(IMCREED.COM SHEET 2 OF 2 CLIENT: COLLIER C.O. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 EXHIBIT Page ofd LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 250 TCE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION -3 YEARS. DESCRIPTION A parcel of land lying in Section 21, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 21, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the east line of said Section 21 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road; thence leaving said south line and continuing along said east line S 00'31'06" E for 60.00 feet to an intersection with the proposed south right —of —way line of said Oil Well Road and the Point of Beginning; thence continue along said east line S 00'31'06" E for 645.00 feet; thence leaving said east line S 89'19'33" W for 96.50 feet; thence N 00'31'06" W for 115.00 feet; thence S 89'19'33" W for 135.00 feet; thence N 00'31'06" W for 548.52 feet to an intersection with the said proposed south right —of —way line of Oil Well Road; thence along said proposed line (parallel to and 90.00 feet south of, as measured at right angles from, the existing center line of Oil Well Road) N 88'57'40" E for 185.01 feet; thence continue along said proposed line S 00'31'06" E for 20.00 feet; thence continue along said proposed line N 88'57'40" E for 46.50 feet to the Point of Beginning. Containing 3.152 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 88'57'40" E for the north line of the Northeast Quarter (NE 1/4) of Section 21, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA I CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. - �/ // ✓ PROJECT: OIL WELL ROAD JEFFREY M.'971 -L- PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - - /ny�'�T,r1T�y�Ty�7,�■ 8241 ARC WAY FORT wj N4gQM C—Y— L PHONE: (239) 2276 -8875 F": (39) 275 -37029 49v/ FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: /ANW W.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 250 TICE (This is not a Field Survey) NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 21 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) OIL WELL RD L, N 0 0 E (C. R. 858) )RVEY BASE LINE RIGHT -OF -WAY LINE EXHIBIT P"Ldi of fG P.O.C. NE CORNER OF SECTION 21 -48 -29 P.I. STATION 597 +23.36 N 89'19'33" E S 00'31'06" E o 50.00' 0" $ S 00'31'06" E 01 o PROPOSED RIGHT -OF -WAY LINE �— 60.00' o N 88'57'40" E N 88'57'40" E PROPOSED RIGHT-OF-- WAY LINE I 165.01' � P.O.B. N 89'19'33" E S 00'31'06" E I 20.00' TEMPORARY N 846 E I 50' < ',3NSTRUCTION EASEMENT ° tJURATION YEARS. I IEAST LINE OF THE TEMPORARY NORTHEAST QUARTER OF SECTION 21 -48 -29 I CONSTRUCTION —/ EASEMENT I NO. 250 TICE 3: (3.152± ACRES) o cD - o 0 0 zl0 I100 0 100 N cN1 S 89'19'33 " � o F SCALE 1" = 100' 135.00' � oU f I P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT N 00'31'06" W P.I. = POINT OF INTERSECTION 115.00 }/ I w O.R. BOOK 2589 S 89'19'33" W O.R. BOOK 2493 PAGE 1084 96.50' n PAGE 2779 0 0 (n SHEET 2 OF 2 6241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL FORT MYERS. FLORIDA, 33912 ��j 1�/r'lj 4 CREM PHONE: (239) 275 -6875 F"; (239) 275 -7029 PROJECT: OIL WELL ROAD V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6668 INTERNET SITE: HTP: //WNNV.MCKIMCREED.COM DATE: AP71L 14, 2007 LEGAL DESCRIPTION AND SKETCH F(-L Sn}eresL Parcel No. 251 DE (POND 12) (This is not a Field Survey) DESCRIPTION EXHIBIT A Page of 4 FEE SIMPLE INTEREST A parcel of land lying in Section 22, Township 48 South, Range 29 East, Collier Countv. Florida. being more Darticularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'19'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1145.00 feet; thence leaving said north line S 00'40'27" E for 110.00 feet to an intersection with the proposed south right —of —way line of Oil Well Road (C.R. 858) and the Point of Beginning (said proposed right —of —way line being parallel to and 110.00 feet south of, as measured at right angles from, the said existing center line of Oil Well Road); thence continue S 00'40'27" E, leaving said proposed south right —of —way line, for 1103.00 feet; thence N 89'19'33" E for 584.00 feet; thence N 00'40'27" W for 1103.00 feet to an intersection with the said proposed south right —of —way line of Oil Well Road; thence along said proposed line S 89'19'33" W for 50.00 feet; thence leaving said proposed line S 00'40'27" E for 399.00 feet; thence S 89'19'33" W for 484.00 feet; thence N 00'40'27" W for 399.00 feet to an intersection with the aforesaid proposed south right —of —way line of Oil Well Road; thence S 89'19'33" W along said proposed line for 50.00 feet to the Point of Beginning. Containing 10.354 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 89'19'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566. CLIENT: COLLIER CO./ CH2MHIL1- I PROJECT: OIL WELL ROAD f Ir JEFFREY ff. STILL- PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 - STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 6241 ARC WAY V * n �j� FORT MV5 F FLORIDA, 33912 VVV/� 1�/r' A � 1 vl(J PHONE: (239) 276 -887b Fm: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: /NJW W.MCKIMCREED.COM EXHIBIT Page" LEGAL DESCRIPTION AND SKETCH eL S,m Ple i n{ Io-kL Parcel No. 251 DE (Pond 12) (I -his is not a Field Survey) P.O.C. NW CORNER OF SECTION 22 -48 -29 P.I. STATION 597 +23.36 1 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) 150 0 150 SCALE 1" = 150' SURVEY BASE LINE OIL WELL RD. (C.R. 858) o N 89'19'33" E 10 1145.00' N 89 "19'33" E 584.00 "T _ N 89'1_9'33" E I o — EXISTING RIGHT -OF -WAY LINE O \\T _ _ _N_8_9'19'33' E_ \ PROPOSED RIGHT -OF -WAY LINE P.O.B. S00'40'27 "E 500'40'27 "E o w 110.00' 110.00' QO I IM MI I S 89'19'33" W 50.00 w I� �I N NI I I� O O U) I IO Io O Z N I O S 89'19'33" W 484.00' I I I I I 251 DE I O.R. BOOK 2493 POND 12 PAGE 2779 N I 10.354± I N of ACRES Io U I FEE SIMPLE z INTEREST O.R. BOOK 2493 P.O.B. =POINT OF BEGINNING PAGE 2779 P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch =CHORD _ CB = CHORD BEARING O.R. = OFFICIAL RECORDS N 89'19'33" E 584.00' B.O.S. = BEGINNING OF SURVEY 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275 -8875 Feu: (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6586 INTERNET SITE: HTTP: //W W W.MCMMCREED.COM ')o M O '0 O1 M M m N 0) O N O 111 M Q � a SHEET 2 OF 2 CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 j EXHIBIT ge f Of LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION The South 60.00 feet of the North 110.00 feet of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range, 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south line and continuing along said west line S 00'31'06" E for 60.00 feet; thence leaving said west line N 89'19'33" E for 2644.83 feet to an intersection with the east line of the Northwest Quarter of said Section 22; thence along said east line N 00'51'02" W for 60.00 feet to an intersection with the said existing south right —of —way line of Oil Well Road, said point of intersection bearing S 00'51'02" E and 50.00 feet from the north One Quarter (1/4) corner of said Section 22; thence leaving said east line and along said south right —of —way line S 89'19'33" W for 2644.48 feet to the Point of Beginning. Containing 3.643 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 63/99 being N 89'19 "33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKIM&CREED, PA I CLIENT: COLLIER CO./ CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. � M PROJECT: OIL WELL ROAD JEFFREY M. STILL- PROFESSIONAL SURVEYOR AND MAPPER DATE: APRIL 14, 2007 STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 HTTP: /NJW W.MCKIMCREED.COM SHEET 1 OF 2 8241 ARC WAY FORT MY FLORIDA, 33912 A-44#19 (239) 275 -8075 F x: (238) 276 -7028 V FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP: /NJW W.MCKIMCREED.COM SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) NORTH 1/4 CORNER SECTION 22 -48 -29 — P.I. STATION 623 +67.55 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. NW CORNER OF SECTION 22 -48 -29 P.I. STATION 597 +23.36 00 w LO z 0 r r 3 Uw 0 F- m� _ T- m � J J w N C) ` Z 5 F- J_ w O w Z J w a m 0_ rn w M M rn r rn S 00'51'02" E 50.00' fte EXHIB a 6f � N 00'51'02" W 1 EAST LINE OF THE 1 N 00'51'02" W NORTHWEST QUARTER I60.00' SECTION 22 -48 -29 wl zlJ CR r Q 31 M I 120 0 120 F0I� N N SCALE 1" = 120' � 1 0 o O.R. BOOK 2493 In PAGE 2779 01 0_ 251 FEE 1 1 I 3. .664R3E± A FEE SIMPLe 1 INTEREST 3 1 w 1 I 1 S 00'31'06" E I60.00' SECTION 22 S 00'31'06" E 000 SECTION 21 �— P.O. B. S 00'31'06" E 50.00' SHEET 2 OF 2 6241 ARC WAY FORT M FLORIDA, 33912 V * n< r1 CF = PHONE: (239) 276 -8875 F X: (238) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6568 INTERNET SITE: HTTP: //W W W.MCIUMOREED.COM CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 I P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS i A = ANGLE L = LENGTH V Z Ch = CHORD I CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY 1 I 1 S 00'31'06" E I60.00' SECTION 22 S 00'31'06" E 000 SECTION 21 �— P.O. B. S 00'31'06" E 50.00' SHEET 2 OF 2 6241 ARC WAY FORT M FLORIDA, 33912 V * n< r1 CF = PHONE: (239) 276 -8875 F X: (238) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6568 INTERNET SITE: HTTP: //W W W.MCIUMOREED.COM CLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 E:XH IBIT_„.�L Page Of LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 251 TCE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION _ YEARS. DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road; thence leaving said south line and continuing along said west line S 00'31'06" E for 60.00 feet to an intersection with the proposed south right —of —way line of said Oil Well Road and the Point of Beginning; thence continue along said west line S 00'31'06" E for 645.00 feet; thence leaving said west line N 89'19'33" E for 53.50 feet; thence N 00'31'06" W for 645.00 feet to an intersection with the aforesaid proposed south right —of —way line of Oil Well Road; thence along said proposed south right —of —way line S 89'19'33" W for 53.50 feet to the Point of Beginning. Containing 34,508 square feet (0.792 acre), more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'19 "33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA CLIENT: COLLIER CO. / CH2MHILL STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8688. i r PROJECT: OIL WELL ROAD + ti r. . DATE: APTIL 14, 2007 JEFFREY M. STIEL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 - , 5241 ARC WAY -A FORT MYERS, FLORIDA, 33912 vO{u uCy L PHONE: (239) 276 -8876 Fe: (239) 27r7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5555 V INTERNET SITE: HTTP: /AWW.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 251 TCE (This is not a Field Survey) P.O.C. NW CORNER OF SECTION 22 -48 -29 P.I. STATION 597 +23.36 u N 88'57'40" E 0 PYISTING RIGHT -OF- 0 4 PROPOSED RIGHT-OF-WAY LINE _ N 88'57'40" E P.O.B. 0 0 Sri a 0 100 0 100 SCALE 1" = 100' w� P.O.B. = POINT OF BEGINNING (O P.O.C. = POINT OF COMMENCEMENT P.I. = POINT OF INTERSECTION [7 0 0 N WEST LINE OF THE -� NORTHWEST QUARTER OF SECTION 22 -48 -29 N Z O F V O.R. BOOK 2589 PAGE 1084 N N Z O U w !n w 0 M O O M 1QC I I I Page Page of!L7 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) OIL WELL RD. (C.R. 858) S 00'31'06" E SURVEY BASE LINE o N 89'19'33" E 50.00' °- S 00'3106" E o 60.00' o PROPOSED RIGHT -OF -WAY LINE_ _ N 89'19'33" E I � I� u7 I0 I 0 0 0 Z S 89'19'33" W 53.50' TEMPORARY _ CONSTRUCTION EASEMENT NO. 251 TCE (34,508± SQUARE FEET) TEMPORARY CONSTRUCTION EASEMEN 1 DURATION YEARS. O.R. BOOK 2493 PAGE 2779 I N 89'19'33" E 53.50' SHEET 2 OF 2 5241 ARC WAY CLIENT: COLLIER CO./ CH2MHILL V � <a �iR.•iK`Lli`/1 t (� cy 1U��r •r' j,J FORT M75F FLORIDA,33812 PHONE: (239) 276 -8876 Fm: (238) 276 -7020 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 5566 PROJECT: OIL WELL ROAD INTERNET SITE: HTfP: /NJVJW.MCKIMCREED.COM DATE: AP'nL 14, 2007 LWA MEMORANDUM Date: May 24, 2007 To: Scott Johnson Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #07 -4122 "Naples Jail Improvement Project" Contractor: Vanderbilt Bay Construction, Inc. Attached are three (3) original contracts of the above referenced document (Agenda Item #101)), approved by the Board of County Commissioners on Tuesday, May 8, 2007. We have retained an original in the Minutes and Records Department and a copy has also been sent to the Finance Department. If you should have any questions, please contact me at 774 -8406. Thank you. Attachments (3) lob DATE: TO: 1 C1u Memorandum May 22, 2007 Wayne Fiyalko Manager, Risk Finan Scott Johnson Purchasing Agent RE: Review of Insurance for: 07 -4122 "Naples Jail Improvement" Vanderbilt Bay Construction, Inc. This Contract was approved by the BCC on May 8, 2007 Agenda # 10.1) Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 774 -8995. cc: Bob Pierce, Facilities Management 10D ITEM NO.: DATE RECEIVED: JR, ytE y bb I C P", C n FILE NO.: �% `-7 ��% /�_ �/S �7 �/ '"' ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES pp Date: May 22, 2007 l To: - -R as / Olm �liYtG� zz Assistant County Attorney I �� From: Scott Johnson Purchasing Agent 239/774 -8995 Re: Contract: 07 -4122 "Naples Jail Improvement Project" Contractor: Vanderbilt Bay Construction, Inc. li BACKGROUND OF REQUEST: v This contract was approved by the BCC on May 8, 2007 Agenda Item: 10.1) This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 100 Naples Jail Improvement Project COLLIER COUNTY BID NO. 07 -4122 COLLIER COUNTY. FLORIDA Design Professional: Spillis Candela COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Spillis Candela and identified as follows: Naples Jail Improvement Project as shown on Plan Sheets 1 through 36. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records WE t W1 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Naples Jail Improvement Project COUNTY BID NO. 07 -4122 Separate sealed bids for the construction of Naples Jail Improvement Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 8th day of March, 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 22nd day of February, 2007, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County —. Government, Collier County, Naples Jail Improvement Project Bid No. 07 -4122 and Bid Date of March 8, 2007 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $115.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Al GC -PN -1 V, 10D Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within three hundred sixty (360) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 7th day of February, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C. P.M. Purchasing and General Services Director CKGROWA 100 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -I B -1 cr � W location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, v shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. h GC -I B -2 1 10p Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC -I B -3 10 q opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. " No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. GC -I B -4 1 Q p Al Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision (s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC -I B -5 10 p I 'f Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC -I B -6 A. 100 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -iB -7 "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 http://colliergov.net ADDENDUM DATE: March 14, 2007 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: Addendum # 4 — Bid #07 -4122 "Naples Jail Improvements" Addendum #4 covers the following change for the above - referenced Bid: Change: See attached Specification Section 09912 "Interior Painting" Change: BID OPENING TIME IS CHANGED FROM 2:30, P.M. TO 1:30 P.M. Replace: the Contract Proposal (page GC -P -2) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Bob Pierce, Facilities Management Department at 239/774 -8380 or me at 239/774 -8995 or by, e-mail at ScottJohnson @colliergov.net. NOTE: Words have been deleted, words underlined have been added. cc: Bob Pierce 100 BID SCHEDULE Naples Jail Improvement Project Bid No. 07 -4122 Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirements, including the advertisement, instructions to bidders, and the contract documents including the General Conditions, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (in words): Dollars, Alternate No 1: Remove existing flooring and provide new resinous flooring (identified on drawing as "Paint Finish ") on entire floor area of each dayroom in which work is to be performed requires repair of flooring. Alternate No 1: Alternate No 2: C[nlhTO Paint existing metal cell fronts, doors, rails and stairs in dayrooms, work includes preparing substrates as required to provide a smooth finish. Alternate No 2: 11 10D SECTION 09912 - INTERIOR PAINTING PART 1- GENERAL 1.1 SUMMARY A. This Section includes surface preparation and the application of paint systems on the following interior substrates: 1. Concrete masonry units (CMU). 2. Galvanized metal. 3. Steel. B. Refer to Division I Section "Alternates" for descliption,.,pt )k 4, in this Section affected by alternate~. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each finish and for each color and texture required. C. Product Schedule: Provide a typed Paint and Color schedule for each building. This record shall include the project name, project location, date, Contractor's name, material manufacturer's name, project name, color name and number, and color formula. 1. Deliver copy to Facilities Management Contract Manager during closeout procedures. 2. Provide a duplicate copy in the Operations and Maintenance Manual. 1.3 QUALITY ASSURANCE A. MPI Standards: I. Preparation and Workmanship: Comply with requirements in "MPI Architectural Painting Specification Manual" and "MPI Maintenance Repainting Manual" for products and paint systems indicated. 11E,l9JQ0MJ10 J A. Deliver materials to site in unopened containers with manufacturer's labels. PART2- PRODUCTS 2.1 MANUFACTURER A. Use Sherwin Wil"Hianis —, _ �premmm Sherwin-Williams products throughout as indicated in Part 3 of this Section. 2.2 PAINT, GENERAL A. Material Compatibility: INTERIOR PAINTING Collier County Jail Renovations Bid Set —January 19, 2007 A/E Project No. 60002644.0007 09912 -1 0 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. B. Colors: Match existing. PART 3- EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of work. B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: 1. Concrete: 12 percent. 2. Masonry (CMU): 12 percent. C. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. D. Begin coating application only after unsatisfactory conditions have been corrected and surfaces are dry. 1. Beginning coating application constitutes Contractor's acceptance of substrates and conditions. Bd3eg�n� eating- appFieatierrenly- afters- unsatisfaetory�ct�nditioxs�ntve beerrc- erreetedand- surf -aces arc -dry. 1.Beginr ing— ,eoating-- applic itieii -- constitutes--- C-entracter- 's-- ac-ctpt-mce---af�-substrates- -a+scl conditions, 33.2 PREPARATION AND APPLICATION A. Comply with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual" and "MPI Maintenance Repainting Manual" applicable to substrates indicated. B. Remove plates machined Surfaces. and similar items already in place that are not to be painted. If removal is impractical_oa impossible because of size or of item, provide surface- applied protection before surface preparation and�aintillg, I._ After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface - applied protection if anv. INTERIOR PAINTING Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 09912 -2 1.Q D A N 2 Do not paint over tabels of independent testing agencies or equipment name.,;, identification, performance rating. or nomenclature plates. B-.C. Clean substrates of substances that could impair bond of paints, including dirt, oil, grease, and incompatible paints and encapsulants. 1. Remove incompatible primers and reprime substrate with compatible primers as required to produce paint systems indicated. D. Concrete Masonry Substrates: Remove efflorescence and chalk. Do not paint surfaces if moigturCContent or alkalinity Of surtitCes to In painted exceeds that o_erutitted in mauufacturcr's writicn instructiotts. F. Steel Substrates: Remove rust and loose mill scale. Clean usine methods recoumlended in writim liy paint manufacturer. G:0. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. 4441. Painting Mechanical and Electrical Work: Paint items exposed in equipment rooms and occupied spaces including, but not limited to, the following: 1. Mechanical Work: a. Uninsulated metal piping. b. Uninsulated plastic piping. C. Pipe hangers and supports. d. Tanks that do not have factory - applied final finishes. e. Visible portions of internal surfaces of metal ducts, without liner, behind air inlets and outlets. £ Duct, equipment, and pipe insulation having cotton or canvas insulation covering or other paintable jacket material. g. Mechanical equipment that is indicated to have a factory- primed finish for field painting. L.,,... Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. €:J. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. G-. K. Provide temporary barricades, "WET PAINT" signs, and protect all work until dry. Remove masking when finished. Carefully remove paint from materials not intended for paint finish. Clean and touch up as required to provide smooth, even paint finish. L... .. - 'tfter conpletin "aint application, clea,Lspittered.,_awtaees. Remove spattered paiits_by washing. scrape, or other methods. Do not scratch or damage adjacent finished surfaces. INTERIOR PAINTING Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 09912 -3 /' 3 -;333 INTERIOR PAINTING SCHEDULE A. CMU Substrates: 1. Latex System: a. Prime Coat: Sherwin Williams; PrepRite Block Filler, B25W25. b. Intermediate Coat: Sherwin Williams; ProMar 200 Latex (match topcoat). C. Topcoat: Sherwin Williams; ProMar 200 Latex (match existing). e • • !! . 13. Steel Substrates 1. Industrial Enamel: Prime Coat: Sherwin- Williams_ProCrvI Universal Primer- B66 -310 Series. b. haerniediate and Topcoat. Sherwin- Williams: A -100 Exterior Latex Gloss, A8 Series. C. Galvanized Metal Substrates: 1. Industrial Enamel System: a. Prime Coat Sherwin - Williams: A -100 Exterior Latex Gloss. AR Series. b. Final Coat. Sherwin- Williams; A -100 Exteriot Latex Gloss. At s=eries, END OF SECTION 09912 INTERIOR PAINTING Collier County Jail Renovations Bid Set — January 19, 2007 AVE Project No. 60002644.0007 09912 -4 lop -4 # 10D "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 ADDENDUM DATE: March 9, 2007 http://colliergov.net TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent/ / SUBJECT: Addendum # 3 — Bid #07 -4122 "Naples Jail Improvements" Addendum #3 covers the following change for the above - referenced Bid: Change: Bid opening date is March 22, 2007 @ 2:30 p.m. If you require additional information please call Robert Pierce, Facilities Management Department at 239/774 -8380 or me at 239/774 -8995 or by e -mail at ScottJohnson@colliergov.net. NOTE: Words have been deleted, words underlined have been added. cc: Robert Pierce, Facilities Management N "A 10D � COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 http://colliergov.net ADDENDUM DATE: March 1. 2007 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent SUBJECT: Addendum # 2 — Bid #07 -4122 "Naples Jail Improvements" Addendum #2 covers the following change for the above - referenced Bid: 1. Corrected Drawings P0.0.02 and P0.0.03 are included as PDF files. 2. There are no accurate "as built' plans available as previously requested by a prospective bidder. If It is deemed necessary, prospective bidders can take critical dimensions at the walk through on Monday March 5, 2007. If you require additional information please call Robert Pierce, Facilities Management Department at 239/774 -8380 or me at 239/774 -8499 or by e-mail at ScottJohnson@colliergov.net. cc: Robert Pierce, Facilities Management 11 lull "A COLLIER COUNTY GOVERNMENT PUR HA.SING DEPARTMENT 3301 EAST TAMIAAH TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 http://colliergov.net ADDENDUM DATE: February 28, 2007 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent SUBJECT: Addendum # 1 — Bid #07 -4122 "Naples Jail Improvements" Addendum #1 covers the following change for the above - referenced Bid: t Change: Bid opening date is March 15, 2007 @ 2:30 p.m. Tour: There will be tour of the jail facility on March 5, 2007 @ 9:00 a.m. Please meet in the lobby of the Naples Jail for the tour The following are clarifications as a result of the Pre -Bid meeting. 1. Contractor question: Doors #23 and #25 are shown on the door schedule but not on the plans. What are the locations of doors #23 and #25? Response: Door #23 is the upper level door shown on elevation 14/A1.7. Door #25 is the upper level door shown on elevation 21/A1.8 2. Correction to Specification Section 08825 Security Glazing 2.01, Acceptable Manufacturers: Glass and glazing materials are not to be limited to the single manufacturers listed. Glass and glazing materials will be accepted from any manufacturer provided they meet the specifications of section 08825. Ell 3. Correction to Specification 08651 Stainless Steel Fixed Detention Windows: 1.01 Scope Item A Sub - Paragraph 1: Delete thermally- improved. Approved mock -up was not a thermally- improved system. Item A Sub- Paragraph 5: Change to, "5. Installation shall be performed by manufacturers certified installer. Item A Sub - Paragraph 6: Add, "6. /installers must conduct a job -site visit prior to bid and be familiar with potential adverse field conditions associated with the window installation. These conditions include, but are not limited to the following: bunk locations on exterior wall, ceiling to wall intersections and how they affect installation, proper grouting of frame cavities, etc. 1.03 Quality Assurance Item D Sub - Paragraph 6: Add, "6. All windows must be certified in accordance with either FBC 2001 or Miami /Dade impact compliance. This section pertains to answers to question by contractors: 1. Installation of temporary dust partitions are part of the GC means and methods. The Consultant has not been provided the individual cell numbers — GC may identify cells with your own numbering system if required. We highly recommend that your firm participate in the Project Walk Through. 2. Drawings P0.0.02 and P0.0.03 are plans to scale and may be used for bid take offs. 3. Please refer to General terms and Conditions — Section 15 — Clean up and Protections item 15.3 This section says that equipment SHALL be removed at the end of each work day. It has also been noted that this type of specific coordination must be coordinated by the GC with the Collier Sheriffs Office. 4. Refer to keynote A -8 for razor wire detail. 5. Door 2 has been removed. The remaining doors and frames listed were replaced in an earlier phase and should be considered existing to remain. Refer to Addendum 1 response for location of doors 23 and 25. 6. Please review specification 07841 that covers all conditions that the through stop fire caulking will be required. This section however, does not remind the GC that the AHJ or Building Department may require more fire stop caulking during inspections, however the basic parameters are described in this specification. 7. Please review specification section 08311 — 1.2 — Submittals A. thru C. and section 1.4 —A. for schedule required by submittals. The access panels are to be used at the cell chases and all areas that have concealed plumbing, mechanical or other concealed work. 10 0 1.8 n` 10D 8. The walls that separate the cells are typically non load bearing interior cmu partitions. Our typical approach would be to provide a thickened slab below these walls. Please review specification Selective Demolition 01732 — 3.1 — D. and Division 2 — section 02060 — 3.06 selective demolition — item B. 10. Please see drawing P.0.03 - Floor Plan Legend and Typical Note that more specifically describes areas to receive new paint. 11. This question must be answered by and permission granted by the CSO and Facilities Management. Plumbing replacement projects have occurred at the jail and this valid question must have been resolved during the initial replacement selective demo. If you require additional information please call Robert Pierce, Facilities Management Department at 2391774 -8380 or me at 239/774 -8499 or by e -mail at ScottJohnson@colliergov.net. NOTE: Words have been deleted, words underlined have been added. Deleted: stmck thr0Ugh cc: Robert Pierce, Facilities Management in Iuu 1 _. BID PROPOSAL BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA Naples Jail Improvement Project BID NO. 07 -4122 Full Name of Bidder: Vanderbilt Bay Construction, Inc. ORIGINAL Main Business Address: 2224 Trade Center Way Naples, Florida 34109 Place of Business: Naples, Florida Telephone No: 239 -591 -0900 Fax No: 239 -591 -8181 State Contractor's License #: CGC048629 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initials One 2/28/07 Two 3/1/07 Three 3/9/07 Four 3/14/07 Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that will take full payment the sums set forth in the following Bid Schedule: Note: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 1 Q D - ,1 i BID SCHEDULE -- Naples Jail Improvement Project Bid No. 07 -4122 Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirements, including the advertisement, instructions to bidders, and the contract documents including the General Conditions, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (in words): M: ,uv — Rove. Aw sl)"O ' Fn,zry 7%1ou -m riQ Dollars, �i I fr Alternate No. 1: Remove existing flooring and provide new resinous flooring (identified on drawing as "Paint Finish ") on entire floor area of each dayroom in which work is to be performed requires repair of flooring. Alternate No. 1: One - hundred - and -two- thousand - seven - hundred - ninety- eizht- dollars $102,798 Alternate No. 2: Paint existing metal cell fronts, doors, rails and stairs in dayrooms, work includes preparing substrates as required to provide a smooth finish. Alternate No. 2: Fifty -five- thousand - four - hundred - forty- dollars $55,440 GC -P -2 10 p " " MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL 1. SECURITY GLAZING 2. PLUMBING CLEANOUTS 3. H.M. DOORS & FRAMES 4. HARDWARE 5. WINDOWS Dated March 22, 2007 MANUFACTURER NASG ZURN HABERSHAN METAL PRODUCTS FOLGER ADAM HOPE WINDOWS Vanderbilt Bay Construction, Inc. Bidder BY: _ GC -P -3 r LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non- compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work 1. Painting 2. Caulking 3. Stucco 4. Roofing 5. Security Windows Dated March 22, 2007 Subcontractor and Address Nance Painting Ft. Myers, FL Spectrum Naples, FL DePinto Plastering Naples, FL Crowther Roofing Ft. Myers, FL Pauly Jail Gulfport, FL Vanderbilt Bay Construction, Inc. Bidder BY: GC -P -4 WJ STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location 1. Grey Oaks Public Safety Facility Naples, Florida 2. Collier County Service Center Naples, Florida 3. Lely High School Naples, Florida 4. Collier County Medical Examiners Naples, Florida 5. Colonnade on 5`h Avenue Naples, Florida 6. Vanderbilt Beach Parking Garage Naples, Florida Dated March 22, 2007 Reference Skip Camp Skip Camp David Lesansky Skip Camp Kemp Deming Ron Hovell Vanderbilt Bay Construction, Inc. Bidder BY: GC -P -5 1DD I TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF, SY 1. Shorinu LF 1,200 $1_50 $1,800.00 2. N/A N/A N/A N/A N/A 3. N/A N/A N/A N/A N/A 4. N/A N/A N/A N/A N/A 5. N/A N/A N/A N/A N/A TOTAL $1,800.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated March 22, 2007 Vanderbilt Bay Construction, Inc. Bidder BY: GC -P -6 10 Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event if fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred thirty (330) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Daniel J. Buhs, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Daniel J. Buhs, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC -P -7 100 11 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of Vanderbilt Bay Construction, Inc., and the full names of its officers are as follows: President Daniel J. Buhs Secretary Brad Smith Treasurer Brad Smith Manager Troy Buhs The is autherized to sign eenstfuetion pre and eontfaets -€or -the eenipany by=aetien of its )heard 6€ Direeters taken , e4:fiva ,.op y „fwhie. is hereto .,tali °a (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners, whose full names are as follows: N/A The co- partnership does business under the legal name of: Om (c) Individual The Bidder is an individual whose full name is N /A, and if operating under a trade name, said trade name is N /A. DATED March 22, 2007 Vanderbilt Bay Construction, Inc. Legal entity ANINK -1� W itnq Witness STATE OF FLORIDA COUNTY OF COLLIER BY: Daniel J. Buhs Name of Bidder (Typed) Si na ire President Title ff, [Corporate Seal] The foregoing instrument was acknowledged before me this - day of q (Ql ck , 2007, by k aTu SL. x- S as �a) )Jclvlt of � d 9, b , )AC a (-� AJ -0, corporation, on behalf of the corporation. He /she r personallykknown to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) FMCNER No" Pubk- SWeofFbrke NAME: UebrYVA ISCKEE Cdtl1I Expkn y`22'2009 (Legibly CanmYebn#DD408812 ( g y Printed ) AMByNetlaW No"Aw. 9Sw---—. (AFFIX OFFICIAL SEAL) Notary Public, State of �7wt 1')'k Commission No.: '9 .1 � 4 40G 2 1a GC -P -9 10 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Vanderbilt Bay Construction, Inc. (herein after called the Principal) and Safeco Insurance Company of America (herein called the Surety), a corporation chartered and existing under the laws of the State of Washington with its principal offices in the city of Seattle and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of - - -- Five Percent of the Amount Bid - - - -- dollars ($ ----- 5 % - - - -- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Naples Jail Improvement Project Bid No. 07 -4122 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of amount bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. 10460/11 100 °1 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 8th day of March '2007. Vanderbilt Bay Construction, Inc. Principal A (Seal) Surety (Seal) Licensed Resident Agent Local Resident Pro- ducfna Aaent for Safeco Insurance Company of America Inquiries: (407) 834 -0022 GC -P -11 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No, 12833 10D Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * * * * * * * * * * * * * * ** *PAUL J. CIAMBRIELLO; M. GARY FRANCIS; BRYCE R. GUIGNARD; J. W. GUIGNARD; APRIL L. LIVELY; JENNIFER L. MCCARTA; MARGIE L. MORRIS; BRETT A. RAGLAND; Longwood, its true and lawful attorney(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 this 2nd day of February 2007 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 Daley- 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 SEAL this 8th , , SEAL day of March 1 2007 STEPHANIE DALEY- WATSON, SECRETARY SafecoO and the Safeco logo are registered trademarks of Safeco Corporation. S- 0974/DS 4/05 WEB PDF THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDER'S CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: q Bid number; q Project Name; q Opening Date. 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Vanderbilt Bay Construction, Inc. Bidder Name Pa &L-� �5 Si re & Title DATE: March 22, 2007 GC -P -12 III 10D I THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Vanderbilt Bay Construction, Inc. ( "Contractor ") of 2224 Trade Center Way, Naples, FL 34109 , a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Naples Jail Improvement Project, Bid No. 07 -4122 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Spillis Candella, the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: eight million, five hundred ninety -eight thousand, two hundred thirty -eight dollars and zero cents ($8,598,238.00) GC -CA -1 10 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570lc570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty (330) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -2 10D such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand eleven dollars and sixty -seven cents ($1007.67) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC -CA -3 10D G. . Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Spillis Candella and identified as follows: Naples Jail Improvement Project as shown on Plan Sheets 1 through 36. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Bob Pierce, Project Manager Facilities Management Department GC -CA -4 10D I 3301 Tamiami Trail East Bldg "W" Naples, FL 34112 Tele: 2391774 -8380 Fax: 2391793 -3795 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Daniel J. Buhs, President Vanderbilt Bay Construction, Inc. 2224 Trade Center Way Naples, FL 34109 Telephone: 239/591 -0900 Fax: 239/591 -8181 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. GC -CA -5 10D i Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the GC -CA -6 W Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -7 10D I I IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS SECOND WITNESS A- X t' t u, %72 Type /Print Name Date: S O'T ATTEST: . Dwight E. Brock, Clerk 'BY: C , Attest as to Aat AppWMK1108 'orm and Legal Sufficiency: Print Name: 16 � Assistant County Attorney BY: CONTRACTOR: Vanderbilt Bay Construction, Inc. oWIe.LxJ- & t�S T S,[cEo Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Ja Coletta, hairm Item# IS.LJ_1 -- Agenda Date Date C� a �—D Recd 100 EXHIBIT A Executed In 3 Counterparts PUBLIC PAYMENT BOND Naples Jail Improvement Project Bond No. 6234669 Contract No. 07 -4122 KNOW ALL MEN BY THESE PRESENTS: That Vanderbilt Bay Construction Inc., 2224 Trade Center Way, Naples FL 34109 (239) 591 -0900 as Principal, and Safeco Insurance Company of America Surety, located at Safeco Plaza Seattle, WA, 98185 (678) 417 -3842 as (Business Address) are held and firmly bound to The Board of Countv Commissioners of Collier County FL as Obligee in the sum of EIGHT MILLION FIVE HUNDRED NINETY EIGHT THOUSAND TWO HUNDRED THIRTY EIGHT & NO /100THS ($ 8,598,238.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 9!� day of 2007, with Obligee for Naples Jail Improvement Project 3303E Tamiami Trail III Naples. Florida 34112 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. —THE CONDITION OF THIS BOND is that if Principal: .'romptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNES WHEREOF, the above parties have executed this instrument this 16TH' day of 2007, the name of each party being affixed and these presents duly signed its under - signed representative, pursuant to authority of its governing body. Owner's Address: The Board of County Commissioners ..of Collier County, Florida 301 E. Tamiami Trail Naples, FL 34112 (239) 774 -8097 GC- CA -A -1 10 'Signed, sealed and delivered the presence of: PRINCIPAL Gl.) Vanderbilt Bay Construction, Inc. BY: 11� -- Witnesses A to Principal NAME: 1VA— A AUA46 ITS: QR1�,tDBlirf' Gii:o STATE OF Florida COUNTY OF A I IHW- The foregoin instrument was acknowledged before me this �([' k day of • `� � u 20 0� , by/Ir� )flu h S as ,�}F Q of Vanderbilt Bay Construction, Inc. a Florida corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. (� My Commission Expires: //`" c. "Y" Shauna M. Hallberg (Si ature of Notary) Commission # DD366456 NAME: S X00 Pta H��p �ga Expires November 8, 2008 bnaa Troy hln - InIunMO,lM l00.185.7018 (Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of 6 Commission No.: L21i4AI ATTEST: rety GC- CA -A -2 SURETY: Safeco Insurance Company of America (Printed Name) Safeco Plaza Seattle, WA, 98185 (Business Address (Printed Name) Witnesses Inquiries: (407) 834 -0022 STATE OF Florida COUNTY OF Seminole X rney in Fact & Florida Licensed Power of Attorney) Resident Agent April L. Lively (Printed Name) Safeco Plaza Seattle, WA, 98185 (Business Address) (678) 417 -3842 (Telephone Number) The foregoing instrument was acknowledged before me this 15th day of May , 2007, by April L. Lively , as Attorney in Fact of Safeco Insurance Company of America Surety, on behalf of Surety. He/She is personally known to me OR has produced Personally Known as identification and who did (did not) take an oath. My Commission Expires:.` �2awr August 30, 2008 (Signature) Name: Kathleen A. Clawson (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 351092 KATHLEEN A. CLAWSON Notary Public, State of Florida My comm. exp. Aug. 30, 2008 Comm. No. DO 351092 GC- CA -A -3 EXHIBIT A PUBLIC PERFORMANCE BOND Naples Jail Improvement Project 100 1 Executed in 3 Counterparts Bond No. 6234669 Contract No. 07 -4122 KNOW ALL MEN BY THESE PRESENTS: That Vanderbilt Bay Construction Inc. 2224 Trade Center Way, Naples, FL 34109, (239) 591 -0900, as Principal, and Safeco Insurance Company of America I as Surety, located at Safeco Plaza. Seattle. WA 98185 (678) 417 -3842 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County FL, as Obligee in the sum of EIGHT MILLION FIVE HUNDRED NINETY EIGHT THOUSAND TWO HUNDRED THIRTY EIGHT AND N01100THS ($8.598.238.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2007, with Obligee for in accordance with drawings and specifications, which contract reference and made a part hereof, and is referred to herein as the Contract. is incorporated by THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Owner's Address: The Board of County Commissioners of Collier County, Florida 301 E. Tamiami Trail Naples, FL 34112 (239) 774 -8097 GC- CA -A -4 10D This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS }HEREOF, the above parties have executed this instrument this /(O-A day of _ , 2007, the name of each party being affixed and these presents duly sjgned by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: /J Witnesses as to P STATE OF Florida COUNTY OF 6 X,— PRINCIPAL Vanderbilt Bay Construction, Inc. BY: NAME:.1.. J �j ITS: Q5gj i T �tGO The foregoing instrument was acknowled ed bef_o e m this / , 2007, by i e" - { ei) of Vandei Florida corporation, on behalf personally known to mne _0R has produced as identification and did (did not) tatce My Commission Expires: )14-66 5iiauna M. Hallberg Commission #DD366456 Name: q a Expires November 8, 2008 �+ ftm T., fain - In�unnce. Inc 806W7019 (AFFIX OFFICIAL SEAL) GC- CA -A -5 day of as bilt Bay Construction Inc. I a of the corporation. He /she is an oath (Legibly Printed) Notary Public, State of: Commission No.: 129Q3lorvy.5�2 ATTEST: SURETY: Witnesses as to Surety l4a)m' 0 jm;-� Witnesses Inquiries (407) 834 -002 STATE OF Florida COUNTY OF Seminole Safeco Insurance Company of America (Printed Name) Safeco Plaza Seattle, WA, 98185 (Business Address) nted i1ey ifi Fact &- Florida Licensed Power of Attorney) Resident Agent April L. Lively (Printed Name) Safeco Plaza Seattle, WA, 98185 (Business Address) (678) 417 -3842 (Telephone Number) 100 1 The foregoing instrument was acknowledged before me this 15th day of May , 2007, by April L. Lively , as Attornev in Fact of Safeco Insurance Com an of America a Washington Surety, on behalf of Surety. He h is personally known to me OR has produced Personally Known as identification and who dW (did not) take an oath. My Commission Expires: August 30, 2008 (AFFIX OFFICIAL SEAL) KAIHI. cNA. Notary Public, State of Fl -2-'Pc My comm. exp. Aug. 30, 20x8 Comm. No. DD 3510S2 (Signature) Name: Kathleen A. Clawson (Legibly Printed) Notary Public, State of: Florida Commission No.: DD 351092 GC- CA -A -6 POWER fw��'..... OF ATTORNEY KNOW ALL BY THESE PRESENTS: No 12833 10D Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * * * * * * * * * * * * * * ** *PAUL J. CIAMBRIELLO; M. GARY FRANCIS; BRYCE R. GUIGNARD; J. W. GUIGNARD; APRIL L. LIVELY; JENNIFER L. MCCARTA; MARGIE L. MORRIS; BRETT A. RAGLAND; Longwood, its true and lawful attorney(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 this 2nd day of February 2007 u 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 Daley- 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 S- 0974/DS 4105 day of £ COMp,�� CIRPORATE �k/ f SEAL x STEPHANIE DALEY- WATSON, SECRETARY Of Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF ACORD- CERTIFICATE OF LIABILITY INSURANCE 0115/07D I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GUlfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. aples,FL 34103 -3303 LIMITS A 239 2613646 INSURERS AFFORDING COVERAGE NAIC # INSURED Vanderbilt Bay Construction, Inc. 2224 Trade Center Way Naples, FL 34109 -2019 INSURERA: Cincinnati Insurance Company EACH OCCURRENCE INSURER B: INSURER C. X COMMERCIAL GENERAL LIABILITY RER INSU D: INSURER E'. DAMAGE TO RENTED s500,000 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 LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE MM/DDIYY POLICY EXPIRATION DATE iMMIDDtYYI LIMITS A GENERAL LIABILITY CAP5891055 10101/06 10/01/07 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s500,000 MED EXP (Any one person) CLAIMS MADE Fl OCCUR $10,000 PERSONAL &ADV INJURY $1000000 X PD Ded:3,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2000000 POLICY JPE0. LOC A AUTOMOBILE LIABILITY ANYAUTO CAP5891055 10/01/06 10/01/07 COMBINED SINGLE LIMIT (Ea accident) $50Q,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Pareccident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER EA ACC $ ANY AUTO $ AUUTO TO ONLY AGG A EXCESSIUMBRELLA LIABILITY CAP5891055 10101/06 10101/07 EACH OCCURRENCE $10,000,000 X OCCUR FI CLAIMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ Fl EXCLUDED? OF CER/MEMBER EXCLUDED9 yes, describe under S PRO SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job: Naples Jail Improvement Certificate Holder is listed as additional insured on a primary basis with respect to general liability per GA4113 1199 & GA4094 1001. •30 days notice of cancellation, except for 10 days nonpayment. The Umbrella policy extends the (See Attached Descriptions) Collier County, Florida 2800 N. Horseshoe Drive Naples, FL 34104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'Rn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AGOKD Z5 (ZUDV08) 1 of 3 #S310904/M297727 JPE III 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 25S (2001/08) 2 of 3 #S310904/M297727 DESCRIPTIONS (Co limit of the general liability and automobile policies. AMS 25.3(2001106) 3 of 3 #S310904/M297727 1) l V n5 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDM ) VANDE -1 05/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Five County Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14120 Metropolis Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33912 Phone:239- 939 -1400 Fax:239- 939 -3813 INSURERS AFFORDING COVERAGE NAIL9 INSURED INSIIRERA. AsrOClation In co /Rids ins Grp INSURER B Vanderbilt Bay Construction INS�I 2224 Trade Center Way w3uRERD. Naples FL 34109 SURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPEQ TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE I NSURANCE 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. LTR NSIR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDM ) DATE (MMIDDM) LIMITS GENERAL LIABILB" EACH OCCURRENCE $ COMMERCIAL GENERAL LIAUICTY PREMISES (Ea oOcurence) $ BED EXP (Any one person) $ CLAIMS MADE 1-1 OCCUR PERSONAL & ABC INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OPAGO $ POLICY PRO I OC JETT AUTOMOBILE LIABILITY GUY ALTO COMBINED SINGLE LIMIT (E amdenl) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per perwn) $ HIRED AUTOS NON OVA ED AUTOS BODILY INJURY (Per occident) $ PROPERTY DAMAGE IPer accidenq $ GARAGE LIABILITY AUTOONLY - MNACCIDENf -�- $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY qGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 022000024918 08/27/06 08/27/07 TORY LIMITS X ER EL. EACHACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED'+ EI. DISEASE - EAEMPLOYEE $1,000,000 If yes desRe under EL. DISEASE POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below � OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Naples Jail Improvement COLL330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN COLLIER COUNTY BOCC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL BUILDING A' F IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 TAMIAMI TRAIL E NAPLES FL 34112 REPRESEWATIVES. 100 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place ._the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of ,II insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. �) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 :overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ® Yes ❑ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall —not be less than: a. Worker's Compensation - Florida Statutory Requirements GC- CA -B -2 m 10D q b. Employers' Liability $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 all claims rights 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 ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ❑ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® Yes ❑ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 1 GC- CA -B -3 fi Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 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." —r3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such overage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable ❑Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable ❑ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a 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, hichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. GC- CA -B -4 t 10p 2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) 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 - subcontractors in the Work. 3) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY GC- CA -B -5 10D T 4 1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -6 10 D t EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor') releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2007 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final) Application for Payment No. CONTRACTOR AN ITS: President riL \I:9 Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: --AFFIX OFFICIAL SEAL) im•r� GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date W FROM (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Name) Original Contract Time: Revised Contract Time Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued Original Contract Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive, (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due, and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (shall be signed by a duly authorized (Contractor's Name) (Signature) DATE: (Type Name & Title) representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: _ -8y OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 N Q U U 1 w w m a III VIn Ia1 �- E't wf w a O o U.ry i yOj� W W r J F m C J N - G W Q c ? W' LiQ Eu 4) 1 El D .. 22 2 '° f W u a H w n'o ai w LL LL Q o f. O O 10 O.. W J U V? 3 m 'O I I � III 6 y ml - c 11 n v y v ,c oo w rc IF I of JIW - I 0 0 2 E c O I r n o L E U N J U w O 3 N = 0 O I f � m i c I 2 c ' o ', of N Q U U 1 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: Change Order Description Original Agreement Amount .................... Sum of previous Change Orders Amount This Change Order Amount .................... 10 D 41 FROM: Collier County Government Construction Agreement Dated: Date: .. ... I ...... I ....................... $ ................... - .... I.......... $ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator -• Approved by: Purchasing Department GC- CA -E -3 Date: Date: Date: Date: Date: Date: 11 10D Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) GC- CA -E -4 OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 10 D l EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 10 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 2007 CONTRACTOR accepts this Certificate of Substantial Completion on , 2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2007 0 OWNER Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days, Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: 10 . .,111 2007 YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10 11 12 Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: GC- CA -G -2 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) we ON 100 4 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC- CA -H -1 100 ' � those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 10D 4 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 50 a.m. to 50 p.m., Monday through 51. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 10D 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H-4 10 0 k 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 100 41 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC- CA -H -6 1 10D 1 J substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC- CA -H -7 I 10 D rj 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 i 10 D faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -H -9 10D 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or GC- CA -H -10 sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the GC- CA -H -11 10 Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. GC- CA -H -12 10D 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. �y) GC- CA -H -13 11Z) fig 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be GC- CA -H -14 10D I i entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or GC- CA -H -15 10D ; 4 employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor LL from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. GC- CA -H -16 10p 14 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work GC- CA -H -17 to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from GC- CA -H -18 10 D 4; ' Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, GC- CA -H -19 10D I incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Proiect Superintendent and all of Contractor's key personnel who are assigned to the Project; GC- CA -H -20 0 0 such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be GC- CA -H -21 1t deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. GC- CA -H -22 IM 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. GC- CA -H -23 10 0 P_ 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor -. shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net /purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the -- Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: GC- CA -H -24 `6 10D o 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those GC- CA -H -25 proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and - roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, GC- CA -H -26 W17 foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1 .,^V Material Costs GC- CA -H -27 100 rJJ 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 34. SECURITY If required, Contractor shall be responsible for the costs of providing background checks w and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, GC- CA -H -28 10 education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. GC- CA -H -29 HE EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC- CA -1 -1 So 10� EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 EXHIBIT K PERMITS 100 vi EXHIBIT L STANDARD DETAILS GC- CA -L -1 `� 10D EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 9 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1 a 0 v a O � N O m U W � O N � F Q O Fn F 2IW X~ Wa C I i Q] E O 10 D "ll 0 U U Cr F- w C N A C I R m 'C .O O 02 d 'C d C N F T N � d U 3 o« > y � C a — v m da v I l d d °> > C 'Z ! j I CL CL 7 cn I I I �7 V � i i I i °I IIII1�1!1I111111 0 U U Cr 1 W PROJECT MANUAL FOR COLLIER COUNTY JAIL RENOVATIONS NAPLES, FLORIDA VOLUME 1 BID SET — JANUARY 19, 2007 A/E Project No. 60002644.0007 Spillis Candela DMJM Architecture Engineering Planning Interiors 800 Douglas Entrance North Tower Coral Gables, Florida 33134 H CONSTRUCTION SPECIFICATIONS TABLE OF CONTENTS FOR COLLIER COUNTY JAIL RENOVATIONS COLLIER COUNTY, FLORIDA JANUARY 19, 2007 A/E PROJECT NO. 60002644.0007 VOLUME 1 Division /Section Title Issue Dat SERIES 0 BIDDING REQUIREMENTS AND CONTRACT FORMS PUBLIC NOTICE / LEGAL ADVERTISEMENT 01/19/07 INSTRUCTIONS TO BIDDERS 01/19/07 BID, BID SCHEDULE AND OTHER DOCUMENTS 01/19/07 AGREEMENT 01/19/07 AGREEMENT EXHIBITS EXHIBIT M: EXHIBIT A: PERFORMANCE AND PAYMENT BOND FORMS 01/19,/07 EXHIBIT B: INSURANCE REQUIREMENT FORM 01/19/07 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 01/19/07 EXHIBIT D: CONTRACTOR APPLICATION FOR PAYMENT FORM 01/19/07 EXHIBIT E: CHANGE ORDER FORM 01/19/07 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION FORM 01/19/07 EXHIBIT G: FINAL PAYMENT CHECKLIST 01/19/07 EXHIBIT H: GENERAL TERMS AND CONDITIONS 01/19/07 EXHIBIT I- SUPPLEMENTAL TERMS AND CONDITIONS 01/19/07 EXHIBIT M: PLANS AND SPECIFICATIONS 01/19/07 EXHIBIT N: CONTRACTOR'S LIST OF KEY PERSONNEL 01/19/07 EXHIBITO: STOREDMAFERIALSRE-CORDS 01/19/07 DIVISION 1- GENERAL REQUIREMENTS 01100 SUMMARY 01/19/07 01250 CONTRACT' MODIFICATION PROCEDURES 01/19/07 INS 'FRUCFION TO CONTRACTOR FORM 01/19/07 CHANGE, PROPOSAL REQUEST 01/19/07 01252 REQUEST FOR INTERPRETATION (RFI) 01/19/07 REQUEST FOR INTERPRETATION FORM 01/19/07 01310 PROJECT MANAGEMENT AND COORDINATION 01/19/07 013'_0 CONSTRUCTION PROGRESS DOCUMENTATION 01/19/07 01322 PHOTOGRAPHIC DOCUMENTATION 01/19/07 01330 SUBMITTAL PROCEDURES 01/19/07 SUBMITTAL TRANSMITTAL FORM 01/19/07 CONDITION FOR AGREEMENT FORM 01/19/07 01400 QUALITY REQUIREMENTS 01/19/07 01420 REFERENCES 01/19/07 01500 TEMPORARY FACILITIES AND CONTROLS 01/19/07 01600 PRODUCT REQUIREMENTS 01/19/07 REQUEST FOR SUBSTITUTION TRANSMITTAL FORM 01/19/07 TABLE OF CONTENTS 00010 -I Collier Countv Jail Renovations [aid Sct— January 19, 2007 A/E Project No. 00002644.0007 NO DIVISION 2 - SITE CONSTRUCTION NOT APPLICABLE DIVISION 3 - CONCRETE 03301 CAST -IN -PLACE CONCRETE 01/19/07 DIVISION 4 - MASONRY 04810 UNIT MASONRY ASSEMBLIES 01/19/07 DIVISION 5 - METALS NOT APPLICABLE DIVISION 6 - WOOD AND PLASTICS NOT APPLICABLE DIVISION 7 - THERMAL AND MOISTURE PROTECTION 10D 01/19/07 01700 EXECUTION REQUIREMENTS 01/19/07 01/19/07 01731 CUTTING AND PATCHING 01/19/07 01/19/07 01732 SELECTIVE DEMOLITION 01/19/07 01770 CLOSEOUT PROCEDURES 01/19/07 01781 PROJECT RECORD DOCUMENTS 01/19/07 01782 MAINTENANCE DATA 01/19/07 DIVISION 2 - SITE CONSTRUCTION NOT APPLICABLE DIVISION 3 - CONCRETE 03301 CAST -IN -PLACE CONCRETE 01/19/07 DIVISION 4 - MASONRY 04810 UNIT MASONRY ASSEMBLIES 01/19/07 DIVISION 5 - METALS NOT APPLICABLE DIVISION 6 - WOOD AND PLASTICS NOT APPLICABLE DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07841 THROUGH - PENETRATION FIRESTOP SYSTEMS 01/19/07 DIVISION 8 - DOORS AND WINDOWS 08311 ACCESS DOORS AND FRAMES 01/19/07 DIVISION 9 - FINISHES 09671 RESINOUS FLOORING 01/19/07 09912 INTERIOR PAINTING 01/19/07 DIVISION 10 - SPECIALTIES NOT APPLICABLE DIVISION 11 - EQUIPMENT NOT APPLICABLE DIVISION 12 - FURNISHINGS NOT APPLICABLE DIVISION 13 - SPECIAL CONSTRUCTION NOT APPLICABLE DIVISION 14 - CONVEYING SYSTEMS NOT APPLICABLE DIVISION 15 - MECHANICAL 15050 BASIC MECHANICAL MATERIALS AND METHODS 01/19/07 15060 HANGERS AND SUPPORTS 01/19/07 TABLE OF CONTENTS 00010 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 ril 15083 PIPE INSULATION 01/19/07 15110 VALVES 01/19/07 15140 DOMESTIC WATER PIPING 01/19/07 15150 SANITARY WASTE AND VENT PIPING 01/19/07 15430 PLUMBING SPECIALTIES 01/19/07 DIVISION 16 - ELECTRICAL NOT APPLICABLE VOLUME 2 DIVISION 1 - GENERAL REQUIREMENTS NOT APPLICABLE DIVISION 2 - SITE CONSTRUCTION 02060 SELECTIVE DEMOLITION 01/19/07 DIVISION 3 - CONCRETE NOT APPLICABLE DIVISION 4 - MASONRY 04100 MORTAR AND MASONRY GROUT 01/19/07 04340 REINFORCED IJNI'I' MASONRY SYSTEM 01/19/07 DIVISION 5 - METALS NOT APPLICABLE DIVISION 6 - WOOD AND PLASTICS STANDARD / SFCURI "I Y DOORS, FRAMES AND 06114 ROUGH CARPENTRY 01/19/07 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 01/19/07 07212 EXTRUDED POLYSTYRENE INSULATION 01/19/07 07620 ROOFING, SHEET METAL FLASHING AND TRIM 01/19/07 07900 JOINT SEALERS 01/19/07 DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD / SFCURI "I Y DOORS, FRAMES AND HARDWARE (ALLOWANCE) 01/19/07 08112 STANDARD / SFCURITY STEEL FRAMES 01/19/07 08651 STEEL FIXED DETENTION WINDOWS 01/19/07 08710 DOOR IARDWARE 01/19/07 08825 SECURI TYGLAZING 01/19/07 DIVISION 9 - FINISHES 09206 PVC LATH AND ACCESSORIES 01/19/07 09220 PORTLAND CEMENT PLASTER 01/19/07 09902 PAINTING 01/19/07 TABLE OF CONTENTS 00010 -3 Collier County Jail Renovations Bid Set - Junuan 19.2007 A /1: I'rojccl No. 60002644.0007 t DIVISION 10 - SPECIALTIES NOT APPLICABLE DIVISION 11 - EQUIPMENT NOT APPLICABLE DIVISION 12 - FURNISHINGS NOT APPLICABLE DIVISION 13 - SPECIAL CONSTRUCTION NOT APPLICABLE DIVISION 14 - CONVEYING SYSTEMS NOT APPLICABLE DIVISION 15 - MECHANICAL NOT APPLICABLE DIVISION 16 - ELECTRICAL NOT APPLICABLE END OF TABLE OF CONTENTS TABLE OF CONTENTS Collier County Jail Renovations Bid Set— .lenuary 19.2007 A/E Project No. 60002644.0007 10 D ;. 00010 -4 t'. JOB I SECTION 01100 - SUMMARY PART1- GENERAL 1.1 SUMMARY A. This Section includes the following: I. Work covered by the Contract Documents. 2. Work phases. 3. Use of premises. 4. Owner's occupancy requirements. B. Refer to Volume 1 of the Project Manual for specifications of Work included in plumbing improvements portion of the Contract, and general conditions and requirements for all Work. C. Refer to Volume 2 of the Project Manual for specifications of Work included in stucco and window replacement portion of the Work. 1. General conditions and requirements in Volume 1 apply to this portion of the Work. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Collier County Jail Improvements. 1. Project Location: Naples, Florida. B. Owner. Collier County, Florida. 1. Owner's Representative: Bob Pierce. C. Architect: 1. Plumbing Improvements: Spillis Candela DMJM, Coral Gables, Florida. a. Project Architect: Steve Berler. 2. Stucco and Window Replacement: Schenkel Shultz Architecture, Fort Myers, Florida. a. Project Architect: Marty Miller, D. The Work for plumbing upgrade consists of the following: I. Replacement of all underground sanitary lines currently serving the prison cell areas in Blocks 2 (partial), 3. 4, �. 6. and 7. The new sanitary pipe shall match size and location of the existing and the replacement shall terminate at the point of connection with the vertical stacks inside the plumbing chases serving each cell. 2. Replacement of all underground domestic water lines cun-entky serving the prison cell areas in Blocks 2 (partial). 3, 4, s. 6, and 7. The new water lines shall follow the saute routing as the sanitary lines to avoid running any underground line below the cell rooms. The new lines shall match the size of the existing and the replacement shall terminate at the point of connection with the vertical risers located inside the plumbing chases and at the shower stalls. New ball valves will be provided for proper system isolation. 3. Convert the existing fuel oil stern boiler to natural gas by replacing tine existing burners on the tank. SU_NVVL4Ry Collier Count Jail Renovations [aid Sct -- January 19, 1007 A,T Project No. 60002644.0007 t 01100 -1 10D 1.1 4. Work shall include the following: a. Partial demolition of on -grade concrete slab, excavation and removal of existing plumbing piping. b. Partial demolition existing concrete masonry unit (CMU) partition as required for removal of existing plumbing piping and construction of new plumbing pipe system. C. Construction of new plumbing pipe system including sanitary and domestic water lines. d. Patch on -grade concrete slab and floor finish to match existing. e. Patch CMU partition and paint to match existing. E. The Work for stucco and window replacement is described in Volume 2 Project Manual. 1.3 WORK PHASES A. The Work shall be conducted in six phases in the following order, with each phase substantially complete before commencement of Work on the next phase: 1. Phase One: Perform all Work indicated in Block 2 for complete installation of plumbing replacement and repairs, and stucco and window replacement. Work of this phase shall be substantially complete and ready for occupancy prior to starting Phase Two. 2. Phase Two: Perform all Work indicated in Block 3 for complete installation of plumbing replacement and repairs, and stucco and window replacement. Work shall not begin until Phase One is complete and Block 3 occupants have been completely relocated. Work of this phase shall be substantially complete and ready for occupancy prior to starting Phase Three. 3. Phase Three: Perform all Work indicated in Block 4 for complete installation of plumbing replacement and repairs, and stucco and window replacement. Work shall not begin until Phase Two is complete and Block 4 occupants have been completely relocated. Work of this phase shall be substantially complete and ready for occupancy prior to starting Phase Four. 4. Phase Four: Perform all Work indicated in Block 5 for complete installation of plumbing replacement and repairs, and stucco and window replacement. Work shall not begin until Phase Three is complete and Block 5 occupants have been completely relocated. Work of this phase shall be substantially complete and ready for occupancy prior to starting Phase Five. 5. Phase Five: Perform all Work indicated in Block 6 for complete installation of Plumbing replacement and repairs, and stucco and window replacement. Work shall not begin until Phase Four is complete and Block 6 occupants have been completely relocated. Work of this phase shall be substantially complete and ready for occupancy prior to starting Phase Six. 6. Phase Six: Perform all Work indicated in Block 7 for complete installation of Plumbing replacement and repairs, and stucco and window replacement. Work shall not begin until Phase Five is complete and Block 7 occupants have been completely relocated. B. Before commencing Work of each phase, submit an updated schedule showing the sequence, commencement and completion dates, and move -out and -in dates of Owner's personnel for all phases of the Work. SUIU!?AAY Collier County Jail Renovations Bid Set— January 19, 2007 AJE Project No. 60002644.0007 01100 -2 No IM Obtain approval of schedule from Owner and Collier Sheriff's Office prior to commencing Work. A. General: Contractor shall have limited use of premises for construction operations as indicated on Drawings by the Contract limits. B. Use of Site: Limit use of premises to work in areas indicated for each phase. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine constructions operations to areas where work is permitted for each phase of construction. During each phase. do not enter areas outside of limits of the Work area. Submit request to Owner and Collier Sheriffs Office three days in advance for permission to work outside of area indicated for each phase, if required to complete the Work for that phase. 2. Owner Occupancy: Allow for Owner occupancy of Project site. 3. Driveways and Entrances: Keep driveways, loading areas, and entrances serving premises clear and available to Owner. Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. C. Use of Existing Building: Repair damage caused by construction operations. Protect building and its occupants during construction period. Maintain strict security to prevent unregulated access to the facility as approved by the Owner and Collier Sheriffs Office. 1.5 OWNER'S OCCUPANCY REQUIREMEN "IS A. Partial Owner Occupancy: Owner will occupy the premises during entire construction period, with the exception of areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain existing exits, unless otherwise indicated. I. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having Jurisdiction. B. Owner Occupancy of Completed Areas of Construction: Owner will occupy completed areas of building. before Substantial Completion, provided such occupancy does not interfere with completion of the Work. Placement 01' equipment and partial occupancy shall not constitute acceptance of the total Work. I. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied before Owner occupancy. 2. Obtain a Certificate of Occupancy Isom authorities having jurisdiction before Owner occupancy. 3. Before partial Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On SUMMARY Collier County Jail Renovations Bid Set — January 19. 2007 A /L' Project No. 60002643.0007 z 01100 -2 M occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of building. 4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of building. 1.6 WORK RESTRICTIONS A. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor air intakes. B. Security: 1. Owner may reject personnel based on results of the background investigations. Contractor will submit names for alternate personnel until Owner's approval is received. 2. Owner may require all personnel to pass through metal detectors 3. All personnel will be subject to random search for weapons and other non - approved items. 4. Cooperate with Owner's instructions to maintain security of prison facility. 5. Communication with Jail inmates shall be prohibited. C. On -Site Work Hours: Work shall be generally performed inside the existing building during hours indicated in the General Conditions of the Contract. 1. Hours for Utility Shutdowns: Shall be coordinated with Facilities Management and Collier Sheriffs Office. D. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: I. Notify Owner not less than three days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner's written permission. 1.7 MISCELLANEOUS PROVISIONS A. Communication between Owner and Contractor: 1. Plumbing Improvements: Communication between Owner and Contractor shall be through Spillis Candcla DMJM. a. Provide copy of communication to Owner's Representative. 2. Stucco and Window Replacement: Communication between Owner and Contractor shall be through Spillis Candela DMJM. a. Provide copy of communication to Owner's Representative and Schenk-el Shultz Architecture. B. Salvaging Construction Waste: Recovery of nonhazardous construction waste and subsequent sale or reuse in another facility by the Contractor is encouraged, but not mandatory. Storage and sale of salvaged materials is not permitted on site. C. Recycling Construction Waste: Recovery of nonhazardous construction waste for subsequent processing in preparation for reuse is encouraged, but not mandatory. Revenues, savings, rebates, tax credits, and other incentives received for recycling waste materials shat l accrue to Contractor. SUADIARY Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 01100 -4 11" 100 D. Do not allow construction waste to accumulate on site. E. In addition to Contract Documents, comply with latest edition of Collier County Department of Facilities Management "Vertical Standards for Collier County Government Buildings' (Vertical Standards). If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. I. A copy of the Vertical Standards will be provided to the Contractor upon request. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 100 SUIVLgAJTZY 3 Collier County ul Renovations [lid Sct— .Iatmarc 19.2007 A/E Pn >jcct No. (10002(34.0007 10D SECTION 01250 - CONTRACT MODIFICATION PROCEDURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specification Sections, apply to this Section. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on Instructions to Contractor (ITC) Form included at end of this section. 1.3 CHANGE ORDER PROCEDURES A. On Owner's approval of a request to change Contract Sum through an ITC Request, Architect will issue a Change Order for signatures of Owner and Contractor on Change Order form provided by Owner. 1.4 WORK DIRECTIVE CHANGE A. Work Directive Change: Architect may issue a Change Proposal Request. Change Proposal Request instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Change Proposal Request contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. Change Proposal Request Form is included at end of this section. B. Documentation: Maintain detailed records on a time and material basis of work required by the Change Proposal Request. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01250 CONTF .CT MODIFICATION PROCEDURES 01250 -1 Collicr County Jail Renovations Bid Set — January 19, 2007 A/Ii Project No. 60002644.0007 . . . . . . . . . . . . . . . . . . . .. . )1 a �atcicla EH r , tyr INSTRUCTIONS TO CONTRACTOR FORM Distribution: (ITC) PROJECT: INSTRUCTIONS TO CONTRACTOR NO OWNER: TO: Proceed as indicated below: DATE OF ISSUANCE: ARCHITECT /ENGINEER: Spillis Candela DMJM ARCHITECT /ENG INEER'S PROJECT NO: 03211 ❑ The work shall be carried out in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change in Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor change to the Work as consistent with the Contract Documents and return a copy to the Architect /Engineer. ❑ In order to expedite the Work and avoid or minimize delays in the Work which may affect Contract Sum or Contract Time, the Contract Documents are hereby amended as described below. Proceed with this Work promptly. Submit final costs for Work involved and change in Contract Time (if any), within thirty (30) calendar days from date of issuance for inclusion in a subsequent Change Order. If such notice is not received, it shall be deemed that you have waived claim for change in contract amount or time. ❑ This instruction to the contractor is not an authorization for Work which will involve a change in Contract amount or time. If in your opinion a change is involved, notify the issuing representative prior to performing the Work. If such notice is not received on or before thirty (30) calendar days from date of issuance, it shall be deemed that you have waived claim for change in Contract amount or time. If it is agreed that a change is involved, a Change Order will be issued. Origin of Request: Description: Attachments: The following is based on information provided by the Contractor: Method of Determining Change in the Contract Sum: (lump sum, unit prices, cost plus fee or other) ❑ Fixed ❑ Fixed ❑ Estimated Change in Contract Sum ❑ Estimated Change in Contract Sum ❑ Maximum of $ ❑ Maximum of days ISSUED: Spillis Candela DMJM V AUTHORIZED: (Owners Name) CONFIRMED: (General Contractor /CM's Name) Date: Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 Change Proposal Request Date: CPR No To: Re.: Project Name: Project No.: 10D M Please submit your extra, credit or no change proposal for the proposed change(s) described herein. Proposal shall be in itemized cost breakdown form with subcontractor's proposal(s) in itemized cost breakdown form attached. Proposals shall include all work related and incidental to the change and necessary to properly complete the work. The work shall be in accordance with the requirements of the contract documents unless otherwise specified or indicated herein. Proposals and all exhibits shall be referenced with this CPR identification. This is not an order to proceed with this change. If your proposal is accepted, a Change Order will be issued. If your proposal is not received on or before ten (10) days it shall be deemed that you have waived claim for change in contract amount or time. End of CPR Issued by: cc: SPILLIS CANDELA DMJM 101 D s SECTION 01252 - REQUEST FOR INTERPRETATION (RFI) PART]- GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Requests for Interpretation. B. Related Sections include the following 1. Division 1 Section "Project Management and Coordination." 2. Division 1 Section `Submittal Procedures' for submittal requirements for RFI drawings. 3. Division 1 Section "Product Requirements" for product and substitution requirements. 12 DEFINITIONS A. Request for Interpretation (121=1): Request from Contractor seeking interpretation or clarification of some requirement of Contract Documents and not involving change in Contract Sum or Contract "Lime. 1. Improper RFI: RFI not prepared in accordance with requirements of this Section. including requirement for graphic solution, where appropriate. 2. Frivolous RFI: RFI that requests information that is clearly indicated on or reasonably inferable from Contract Documents. 13 GENERAL A. Where possible, request clarifications at next appropriate project meeting. with response entered into meeting minutes. Where clarification at meeting is not possible, either because of urgency of need or complexity of item. prepare and submit RFI. B. Submit RFI from subcontractor or material supplier through Contractor who shall review and sign each RFI prior to submittal. 1. RFI from subcontractor or material supplier submitted directly to Architect will be returned unanswered. C. Do not submit RFI for following: 1. To request approval of submittals. Comply with Division I Section "Submittal Procedures." 2. To request coordina on of various materials and systems indicated on Contract Documents with field conditions and with each other. Comply with Division 1 Section "Project Management and Coordination." 3. To provide as -built information required by Record Documents specified in Division I Section "Project Record Documents.° T. To request changes which are known to entail additional cost or credit, or alter Contract Time. Comply with conditions stated in Agreement. Rc,nUrRc-r FOR :N':'EPu RETAT.0, !s.°.F� Collier County Jail Renovations Laid Set — January 19, 2007 A/H ProlectNo. 60002644.0007 00 A'.252 -1 10D 1.4 REQUEST FOR INTERPRETATION (RFI) A. General: 1. RFI is a request for interpretation only. If Contractor believes response to RFI results in change in Contract Sum, Contract Time, or both, comply with conditions stated in Agreement. 2. Submit RFI on form attached or on another form, subject to Architect's prior review and approval. Form shall be completely filled in and if prepared by hand, shall be fully legible after photocopying or transmission by facsimile (FAX). 3. RFI may be submitted by E -Mail. Address for E-Mail will be distributed at Pre - Construction Conference. Electronic form of attached Request for Interpretation will be provided upon request. B. Number RFIs sequentially using only next sequential number. Do not include subcontractors RFI number on form; include date submitted. 1. Each page of attachments to RFI shall bear RFI number and shall be consecutively numbered. C. Identify Project, pertinent Drawing sheet and detail number, and Specification Section. 1. Specifically identify time response interpretation is required to avoid impact on Construction Schedule and Cost. D. RFI shall include written and graphic solutions proposed by Contractor. Architect will determine if proposal is in accord with Contract Documents and design intent of Project. 1. Contractor's failure to make reasonable effort to propose realistic solution may result in Request for Interpretation returned with no action. E. Improper or Frivolous RFI: 1. Will be returned unanswered, will be removed from Contractors RFI log, and number assigned will be assigned to subsequent RFI. 2. At Contractor's request, after notification by Architect that RFI is improper or frivolous, RFI will be processed with processing costs charged to Contractor as follows: a. Contractor shall reimburse Owner for Architect's account for time spent in processing improper or frivolous RFI at rate of 2.5 times rate of Direct Personnel Expense (DPE). Direct Personnel Expense is defined as direct salaries of Architect's personnel engaged on Project and portion of costs of mandatory, and customary contributions and benefits related thereto, including employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. F. Maintain current and accurate Request for Interpretation Log as follows: 1. Maintain for duration of Contract. 2. Indicate current status of RFIs at all times; submit log weekly, and as requested by Architect. G. For RFIs submitted in form of drawings, follow submittal procedures specified for Shop Drawings in Division 1 Section "Submittal Requirements." REQUEST FOR INTERPRETATION (FFI) 01252 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 110 1.5 REVIEW AND SUBMITTAL A. Submit 3 copies of completed RFI form to Architect, including required attachments. B. Allow minimum of 7 days review and response time for each RFI. 1. Requested response time indicated on RFI shall be consistent with minimum review period specified. 2. Requested response time will be extended where required by concurrent review of excessive number of RFIs, including improper and frivolous RFIs. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01252 REQUEST FOR INTERPRETATION (RFI) FORM FOLLOWS REQUEST FOR INTERPRETATION (RFI) Collier County Jail Renovations Laid Set — Januan 19. 2007 Alb Project No. 6000264 4.0007 01252 -3 REQUEST FOR INTERPRETATION (RFI) NOTE! AN RFI IS A REQUEST FOR INTERPRETATION ONLY. CONTRACTOR Project COLLIER COUNTY JAIL RENOVATIONS RFI No:_ Project No: Date:_ Drawing Specification Final date for receipt of interpretation without impacting Construction Sum or Contract Time Recommended Solution: (Attach additional sheets as required to fully describe recommended solution) Date: SPILLIS CANDELA DMJM Response: (Attach additional sheets as required to fully describe response) By: Date: W1 SECTION 01310 -PROJECT MANAGEMENT AND COORDINATION PART1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specification Sections, apply to this Section. 12 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation. connection, and operation. I. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service. and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. if necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. I. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include. but are not limited to. the following: 1. Preparation of Contractor's Construction Schedule. 2. Preparation of the Schedule of Values. 3. Installation and removal of temporary facilities and controls. d. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy. eater, and materials. 1.3 SUBMITTALS A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. I. Indicate relationship ofcomponents shown on separate Shop Drawings. 2. Indicate required installation sequences. PRO3ECT NLA N A GEIVIENT AND COORD:N ".TIM 0131" -1 Collier County Jail Renovations BidSct— Januap 19.2007 AVF Project No. 60002644.0007 3. Refer to Division 15 Section 'Basic Mechanical Materials and Methods" and Division 16 Section 'Basic Electrical Materials and Methods" for specific Coordination Drawing requirements for mechanical and electrical installations. B. Staff Names: Within 7- calendar days of starting construction operations, submit a list of staff assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home and office telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assilmed to Project. 1. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone. 1.4 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within 5- calendar days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner, Construction Manager, and Architect, but no later than 15- calendar days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Security requirements. b. Access to areas of construction. C. Tentative construction schedule. d. Phasing. C. Critical work sequencing. f. Designation of responsible personnel. g. Procedures for processing field decisions and Change Orders. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. Preparation of Record Documents. I. Use of the premises. in. Responsibility for temporary facilities and controls. n. Parking availability. o. Office, work, and storage areas. PROJECT N 1A-NAGENVIENT AND COORDINATION Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 01310 -2 0 10 p. Equipment deliveries and priorities. q. Progress cleaning. r. Working hours. C. Progress Meetings: Conduct progress meetings at regular intervals. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited: secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. b. Review present and future needs of each entity present. including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Requests for interpretation. �) Phasing. 6) Deliveries. 7) Access. 8) Site utilization. 9) Temporary facilities and controls. 10) Work hours. 11) Hazards and risks. 12) Progress cleanine. 13 ) Quality and work standards. 14) Change Orders. 1 5) Documentation of information for payment requests. 3. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary. in narrative form. of progress since the previous meeting and report. a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 0 13 10 PROJECT N IANAGEIYIENT AND COORDINATION 01310 -3 Collier County Jail Renovations Bid Set — January 19. 2007 A/E Project No. 60002644.0007 10D SECTION 01320 -CONSTRUCTION PROGRESS DOCUMENTATION PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. Qualification Data: For scheduling consultant. B. Submittals Schedule: Submit three copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Specification Section number and title. 3. Drawing number and title. 4. Submittal category (action or informational). 5. Name of subcontractor. 6. Description of the Work covered. 7. Scheduled date for Architect's final release or approval. C. Contractor's Progress Schedule: Submit two opaque copies of initial schedule, large enough to show entire schedule for entire construction period. D. CPM Reports: Concurrent with CPM schedule, submit three copies of each of the following computer - generated reports. Format for each activity in reports shall contain activity number, activity description, cost and resource loading, original duration, remaining duration, early start date, early finish date, late start date, late finish date, and total float in calendar days. I. Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known. 2. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known. 3. Total Float Report: List of all activities sated in ascending order of total float. 4. Earnings Report: Compilation of Contractor's total earnings from commencement of the Work until most recent Application for Payment. E. Daily Construction Reports: Submit two copies at weekly intervals. F. Field Condition Reports: Submit two copies at time of discovery of differing conditions. G. Special Reports: Submit two copies at time of unusual event. 1.3 QUALITY ASSURANCE A. Scheduling Consultant Qualifications: An experienced specialist in CPM scheduling and reporting, with capability of producing CPM reports and diagrams within 24 hours of Architect's request. Minimum experience required: Five years. CONSTRUCTION PROGRESS DOCUMENTATION 01320 -1 Collier County Jail Renovations Bid Set — January 19. 2007 A/E Project No. 60002644.0007 /` 100 1 4 B. Prescheduling Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." Review methods and procedures related to the Preliminary Progress Schedule and Contractor's Progress Schedule, including, but not limited to, the following: 1. Review software limitations and content and format for reports. 2. Verify availability of qualified personnel needed to develop and update schedule. 3. Discuss constraints, including work stages, area separations, interim milestones and partial Owner's occupancy. 4. Review delivery dates for Owner - furnished products. 5. Review time required for review of submittals and re- submittals. 6. Review requirements for tests and inspections by independent testing and inspecting a_encies. 7. Review time required for completion and startup procedures. 8. Review and finalize list of construction activities to be included in schedule. 9. Review submittal requirements and procedures. 10. Review procedures for updating schedule. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Progress Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the nethaork with other activities and schedule them in proper sequence. PART2- PRODUCTS 2.1 SUBMITTALS SCHEDULE A. Preparation: Submit a schedule of submittals. arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery Nn -hen establishing dates. I. Coordinate Submittals Schedule NNith list of subcontracts, the Schedule of Values, and Contractor's Progress Schedule. �. Initial Submittal: Submit concmrently with preliminary network diagram. Include submittals required during the first 30 days of construction. List those required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. 3. I inal Submittal: Submit concurrently with the first complete submittal of Contractor's Progress Schedule. 2.2 CONTRACTOR'S PROGRESS SCI IEDULE. GENERAL A. Procedures: Comply with procedures contained in AGC's "Construction Planning R Scheduling." CONSTRUCTION PROGRESS DOCUMENTATION 41320 -2 Collier County Jail Renovations Laid Set — January 19. 2007 A/6 Project No. 60002644.0007 Time Frame: Extend schedule from date established for commencement of the Work to date of Final Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. C. Activities: Treat each story or separate area as a separate numbered activity for each principal element of the Work. Comply with the following: 1. Activity Duration: Define activities so no activity is longer than 20 calendar days, unless specifically allowed by Architect. 2. Submittal Review Time: Include review and resubmittal times indicated in Division 1 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Progress Schedule with Submittals Schedule, 3. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion. D. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. L Phasing: Arrange list of activities on schedule by phase. 2. Work by Owner: Include a separate activity for each portion of the Work performed by Owner. 3. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Division 1 Section "Summary." Delivery dates indicated stipulate the earliest possible delivery date. 4. Owner - Furnished Products: Include a separate activity for each product. Include delivery date indicated in Division 1 Section "Summary." Delivery dates indicated stipulate the earliest possible delivery date. 5. Work Restrictions: Show the effect of the following items on the schedule: a. Coordination with existing construction. b. Limitations of continued occupancies. C. Uninterruptible services. d. Partial occupancy before Substantial Completion. e. Use of premises restrictions. f Provisions for future construction. g. Environmental control. 6. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. Subcontract awards. b. Submittals. C. Purchases. d. Mockups. C. Fabrication. f Sample testing. g. Deliveries. h. Installation. i. Tests and inspections. j. Adjusting. k. Startup and placement into final use and operation. E. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion. CONSTRUCTION PROGFESS DOCUMENTATION 01320 -3 Collier County Jail Renovations Bid Set— January 19, 2007 NG Project No. 60002644.0007 M 10 0 1`1 Cost Correlation: At the head of schedule, provide a cost correlation line, indicating planned and actual costs. On the line, show dollar volume of the Work performed as of dates used for preparation of payment requests. 1. Contractor shall assign cost to construction activities on the CPM schedule. Costs shall not be assigned to submittal activities unless specified otherwise but may, with Architect's approval, be assigned to fabrication and delivery activities. Costs shall be under required principal subcontracts for testing and commissioning activities, operation and maintenance manuals, punch list activities, Project Record Documents, and demonstration and training (if applicable), in the amount of 5 percent of the Contract Sum. 2. Each activity cost shall reflect an accurate value subject to approval by Architect. 3. Total cost assigned to activities shall equal the total Contract Sum. G. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time - impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. H. Computer Software: Prepare schedules using a program that has been developed specifically to manage construction schedules. 2.3 CONTRACTOR'S PROGRESS SCHEDULE (CPM SCHEDULE) A. General: Prepare network diagrams using AON (activity -on -node) format. B. CPM Schedule: Prepare Contractor's Progress Schedule using a computerized, time - scaled CPM network analysis diagram for the Work. I. Develop network diagram to submit CPM schedule within time frame established in the GENERAL TERMS AND CONDITIONS. a. Failure to include any work item required for performance of this Contract shall not excuse Contractor from completing all Nt -ork within applicable completion dates, regardless of Architect's approval ofthe schedule. 2. Use "one workday" as the unit of time. Include list of nonworking days and holidays incorporated into the schedule. CPM Schedule Preparation: Prepare a list of all activities required to complete the Work. Using the preliminary network diagram, prepare a skeleton network to identify probable critical paths. I. Activities: Indicate the estimated time duration, sequence requirements, and relationship of each activity in relation to other activities. Include estimated time frames for the following activities: a. Preparation and processing of submittals. b. Mobilization and demobilization. C. Purchase of materials. d. Delivery. e. Fabrication. f Utility interruptions. g. Installation. h. Work by Owner that may affect or be affected by Contractor's activities. i. Testing. 2. Critical Path Activities: Identify critical path activities, including those for interim completion dates. Scheduled start and completion dates shall be consistent with Contract milestone dates. CONSTRUCTION PROGFFSS DOCUMENTATION Collier County Jail Renovations Bid Set —Januaq 19. 2007 A/t: hoicct No. 60002644A007 B 02320 -4 10D 3. Processing: Process data to produce output data on a computer- drawn, time - scaled network. Revise data, reorganize activity sequences, and reproduce as often as necessary to produce the CPM schedule within the limitations of the Contract Time. 4. Format: Mark the critical path. Locate the critical path near center of network; locate paths with most float near the edges. a. Subnetworks on separate sheets are permissible for activities clearly off the critical path. D. Initial Issue of Schedule: Prepare initial network diagram from a list of straight "early start-total float" sort. Identify critical activities. Prepare tabulated reports showing the following: 1. Contractor or subcontractor and the Work or activity. 2. Description of activity. 3. Principal events of activity. 4. Immediate preceding and succeeding activities. 5. Early and late start dates. 6. Early and late finish dates. 7. Activity duration in workdays. 8. Total float or slack time. 9. Average size of workforce. 10. Dollar value of activity (coordinated with the Schedule of Values). E. Schedule Updating: Concurrent with making revisions to schedule, prepare tabulated reports showing the following: 1. Identification of activities that have changed. 1 Changes in early and late start dates. 3. Changes in early and late finish dates. 4. Changes in activity durations in workdays. 5. Changes in the critical path. 6. Changes in total float or slack time. 7. Changes in the Contract Time. Value Summaries: Prepare two cumulative value lists, sorted by finish dates. 1. In first list, tabulate activity number, early finish date, dollar value, and cumulative dollar value. 2. In second list, tabulate activity number, late finish date, dollar value, and cumulative dollar value. 3. In subsequent issues of both lists, substitute actual finish dates for activities completed as of list date. 4. Prepare list for ease of comparison with payment requests; coordinate timing with progress meetings. Submit value summary printouts one week before each regularly scheduled progress meeting. 2.4 REPORTS A. Daily Construction Reports: Prepare a daily construction report in accordance with requirements of the GENERAL TERMS AND CONDITIONS. B. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a request for interpretation on format end of Section 01252- REQUEST FOR INTERPRETATION (RFI). CONSTRUCTION PROGRESS DOCUMENTATION Collier County Jail Renovations Bid Set — January 19. 2007 AYE Project No. 60002644.0007 01320 -5 /` 100 Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.5 SPECIAL REPORTS A. General: Submit special reports directly to Owner within one day of an occurrence. Distribute copies of report to parties affected by the occurrence. PART 3 - EXECUTION 3.1 CONTRACTOR'S PROGRESS SCHEDULE A. Contractor's Progress Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. I. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Architect, meter, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need -to -know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made. distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of fie Work and are no longer involved in performance of construction activities. END OF SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION 01320 -6 Collier Count, tail Renovations Bid Set- January 19. 2007 A /L Project No. 60002644A007 l0D SECTION 01322 - PHOTOGRAPHIC DOCUMENTATION PARTI - GENERAL M�81 91W.1 0 1]6]11101411uI0n A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. Key Plan: Submit key plan of Project location with notation of vantage points marked for location and direction of each photograph. Indicate elevation of construction. Include same label information as corresponding set of photographs. B. Construction Photographs: 1. Format: 8 -by -10 -inch prints. 2. Identification: On back of each print, provide an applied label or rubber - stamped impression with the following information: a. Name of Project. b. Name of Architect and Construction Manager. C. Name of Contractor. d. Date photograph was taken if not date stamped by camera. e. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. f. Unique sequential identifier. 3. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints on CD -ROM. Identify electronic media with date photographs were taken. Submit images that have same aspect ratio as the sensor, uneropped. 1.3 COORDINATION A. Auxiliary Services: Cooperate with photographer and provide auxiliary services requested, including access to Project site and use of temporary facilities, including temporary lighting required to produce clear, well -lit photographs without obscuring shadows. 1.4 USAGE RIGHTS A. Obtain and transfer copyright usage rights from photographer to Owner for unlimited reproduction of photographic documentation. PART 2- PRODUCTS 2.1 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in uncompressed TIFF format, produced by a digital camera with minimum sensor size of 4.0 megapixels, and at an image resolution of not less than 1024 by 768 or 1600 by 1200 pixels. PHOTOGRAPHIC DOCUMENTATION 01322 -1 Collier County Jail Renovations Bid Set— January 19, 2007 NE Project No. 60002644.0007 s ' PART 3 - EXECUTION 3.1 CONSTRUCTION PHOTOGRAPHS A. General: Take photographs using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out -of -focus areas will not be accepted. 1. Maintain key plan with each set of construction photographs that identifies each photographic location. B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image - editing software. 1. Date and Time: Include date and time in filename for each image. C. Periodic Construction Photographs: Take 12 digital photographs weekly, with timing each month adjusted to coincide with the cutoff date associated with each Application for Payment. Select vantage points to show status of construction and progress since last photographs were taken. D. Architect - Directed Construction Photographs: From time to time. Architect will instruct photographer about number and frequency of digital photographs and general directions on vantage points. Select actual vantage points and take photographs to show the status of construction and progress since last photographs were taken. E. Final Completion Construction Photographs: Take eight color photographs after date of Substantial Completion for submission as Project Record Documents. Architect will direct photographer for desired vantage points. Additional Photographs: Architect may issue requests for additional photographs, in addition to periodic photographs specified. 1. Three days' notice will be given, where feasible. 2. In emergency situations, take additional photographs within 24 hours of request. 3. Citeumstanees that could require additional photographs include, but are not limited to, the follo"inn : a. Immediate follow -up \N hen on -site events result in construction damage or losses. b. Photographs to be taken at fabrication locations away from Project site. These photographs are not subject to unit prices or unit -cost allowances. C. Extra record photographs at time of final acceptance. END OF SECTION 01322 PHOTOGFAPHIC DOCUMENTATION Collier County Jail Renovations Hid Set - Januaq 19, 2007 A/E Project No. 60002644.0007 ad 02322 -2 10D I ' SECTION 01330 - SUBMITTAL PROCEDURES PARTI - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals for plumbing improvements portion. B. See Division 1 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule. C. See Division I Section "Photographic Documentation" for submitting construction photographs. D. See Division 1 Section "Quality Requirements" for submitting test and inspection reports and for mockup requirements. E. See Division I Section "Closeout Procedures" for submitting warranties. F. See Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. G. See Division 1 Section "Maintenance Data" for submitting maintenance manuals. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Submit shop drawings and samples together for each category or Section. 2. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 3. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. SUBMITTAL PROCEDURES 01330 -1 Collier County ,lail Renovations Final Review -- Jeumary 19, 2007 A/E Project No. 60002644.0007 /` kwt C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. I. Initial Review: Allow 10 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 10 days for review of each resubmittal. 4. Submittals received on Friday afternoon will not be processed until the following Monday, which will be the recorded receipt of submittal date. 5. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Architect and to Architect's consultants, allow 15 days for review of each submittal. Submittal will be returned to Architect before being returned to Contractor. a. For `Stucco and Window Replacement for Naples Jail Center," transmit number of copies of each submittal, as indicated in Part 2 of this Section, to Schinkel Schultz Associates. Transmit one additional copy to Spillis Candela DMJM. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 4 by 5 inches on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the folloting information on label for processing and recording action taken: a. Project name. b. Date. C. Name and address of Architect. d. Name and address of Contractor. e. Name and address of subcontractor. f Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.(, 06100.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061 00.0 LA). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. I. Other necessary identification. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. SUBMITTAL PROCEDURES 01330 -2 Collier County Jail Renovations Final Rccicti — January 19. 2007 /� A /t: Pioiect No. 6000 26440007 M Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return submittals, without review, received from sources other than Contractor. Architect will not review submittals not having completed transmittal form included at end of this Section. I. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements of the Contract Documents, including minor variations and limitations. Include the same label information as the related submittal. 2. Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. 3. Transmittal Form: Use sample form at end of Section. H. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. I. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked by Architect with action not requiring resubmittal as indicated in "Architect's Action" Article in this Section. I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. Use for Construction: Use only final submittals with mark indicating action not requiring resubmittal as indicated in "Architect's Action" Article in this Section taken by Architect. 1.4 CONTRACTOR'S USE OF ARCHITECT'S CAD FILES A. General: If requested by Owner, Electronic copies of Contract Drawings will be provided by Architect for Contractor's use in preparing shop drawings submittals. In order to have access to these drawings, Contractor must sign CONDITION OF AGREEMENT form at end of this section. Charges for this service are as follows: 1. A flat administrative fee of $350.00 per each request. 2. $25.00 per CD -ROM. 1 $50.00 for every drawing copied into CD -ROM. 4. $100.00 for Project Manual Technical Sections, Division 1 through 16 into CD- ROM. 5. Contractor is required to submit completed CONDITIONS OF USE AGREEMENT Form at end of this Section before this service is rendered. Q. Spillis Candela DMJM does not warrantee nor guarantee that the electronic drawing files represent actual field or built conditions which remain the Contractor's responsibility. The Contractor and his /her subcontractors shall refer to the Contract Documents for all information related to design intent. Further, as stated in the Contract Documents, the Contractor is responsible for verifying existing conditions and coordinating to those conditions. SUBMITTAL PROCEDURES 01330 -3 Collier County Jail Renovations Final Review — January 19, 2007 A/E Project No. 60002644.0007 10 a P' C. These electronic drawing files will be provided for the convenience of the Contractor and his /her subcontractors. However, once these files are provided the Contractor shall become solely responsible for their content and accuracy. These electronic drawing files are not submittals nor shop drawings and do not constitute a part of the Construction Documents. D. Provision of these electronic files does not relieve the Contractor of his /her responsibility to fully coordinate all items for construction and to provide fully developed original shop drawings. It is the responsibility of the Contractor to convert the requested diagrammatic drawings into actual laid -out work by dimensioning and locating appropriate systems, equipment and all related work. E. The Contractor agrees to defend, indemnify and hold Spillis Candela DMJM harmless from all claims, injuries, damages. losses, expenses and attorney's fees arising out of the modification or reuse of the aforementioned materials. PART 2- PRODUCTS 2.1 GENERAL A. Prepare separate submittals for portions of Work defined as "Plumbing Improvements" and "Stucco and Window Replacement." 2.2 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. C. Manufacturer's installation instructions. d. Mall ufact Liter's catalog cuts. e. Compliance with specified referenced standards. f. Testing by recognized testing agency. g. Notation of coordination requirements. 4. Number of Copies: Submit two copies for Architect plus copies for Contractor's usage and distribution (include suf(lcient quantity for adequate distribution to field, subcontractors, manuals, Owner, and others). unless otherwise indicated herein. in Contract, or on Specification Section. Mark up and retain one returned copy as a Project Record (As Built) Document. C. Shop Drawings: Prepare Project- specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions ofthe Contract Documents or standard printed data. SUBMITTAL PROCEDURES 01330 -4 Collier County Jail 12eno%ations Final RerieNc— January 19, 2007 A/E Project Na. 60002644.0007 V ' M 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. C. Fabrication and installation drawings. d. Roughing -in and setting diagrams. e. Templates and patterns. f Schedules. g. Notation of coordination requirements. h. Notation of dimensions established by field measurement. i. Relationship to adjoining construction clearly indicated. j. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full -size drawings, submit Shop Drawings on sheets at least (8 -I /2 by 11 inches) but no larger than (30 by 40 inches). 3. Number of Copies: Submit three reproducible, opaque (bond) copies of each submittal to Architect. Architect will return one copy. Contractor shall reproduce number of copies from returned copy as required for usage and distribution. Mark up and retain original copy as a Project Record (As Built) Document. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality - control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. 4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit two full sets of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected. 5. Samples for Verification: Submit full -size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials: swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit two sets of Samples. Architect will retain one Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a Project Record Sample. SUBMITTAL PROCEDURES 01330 -5 Collier County Jail Renovations Final Review — January 19, 2007 A/E Project No. 60002644.0007 100 b. Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated E. Submittals Schedule: Comply with requirements specified in Division 1 Section "Construction Progress Documentation." Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 4. Additional information as required by the Owner to perform criminal background investigations on all individuals who will be performing Work on site. 5. Number of Copies: Submit two copies of subcontractor list, unless otherwise indicated. Owner will return one copy. 2.3 INFORMATIONAL SUBMITFALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two copies of each submittal. unless otherwise indicated. Architect will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Fest and Inspection Reports: Comply with requirements specified in Division 1 Section "Quality Requirements." B. Coordination Drawings: Comply kith requirements specified in Division 1 Section Project Management and Coordination." C. Contractor's Construction Schedule: Comply with requirements specified in Division 1 Section "Construction Progress Documentation." D. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. E. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. F. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. SUBMITTAL PROCEDURES 01330 -6 Collier Countv.lail Renovations Final Reeiec- J.muary 19, 2007 AA Project No. 60002694.0007 100 G. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. H. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements specified in Division 1 Section "Operation and Maintenance Data." Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. K. Construction Photographs: Comply with requirements specified in Division 1 Section "Photographic Documentation." PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: 1. REVIEWED, NO EXCEPTIONS NOTED. This action means fabrication, manufacture, or construction may proceed. 2. REVIEWED. EXCEPTIONS NOTED, RESUBMISSION NOT REQUIRED. This action means fabrication, manufacture, or construction may proceed providing submittal complies with Architect's notations and Contract Documents. If Contractor cannot comply with notations, make revisions and resubmit as described below under REVIEWED, EXCEPTIONS NOTED, RESUBMISSION REQUIRED action. SUBMITTAL PROCEDURES 01330 -7 Collier County Jail Renovations Final Review — January 19, 2007 A/E Project No. 60002644.0007 10D 3. REVIEWED, EXCEPTIONS NOTED, RESUBMISSION REQUIRED. This action means submittal did not fully demonstrate full extent of all conditions, details, and coordination with other surrounding work and, therefore required additional information and rework is required as noted and re- submittal is required. Do not fabricate, manufacture or construct specific areas requiring additional information prior to re- submittal and final REVIEWED, NO EXCEPTION NOTED action or REVIEWED, EXCEPTIONS NOTED, RESUBMISSION NOT REQUIRED action is provided by Architect. 4. REJECTED. RESUBMISSION REQUIRED. This action means submittal does not comply with design intent of Contract Documents. Make revisions and resubmit C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 01330 SUBMITTAL PROCEDURES 01330 -8 Collier County Jail Renovations 1 -inal Re%icw— January 19, 2007 /�I2 VE Projcet No. 60002644.0007 Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 REQUEST FOR SUBSTITUTION TRANSMITTAL FORM A/E PROJECT NO.: DATE OF SUBMITTAL: FROM: Mr Hereby requests acceptance of the following product or systems as an "equivalent" substitution in accordance with provisions of General Conditions and Division I section entitled "Product Requirements ". Portion of Work: ❑ Plumbing Improvements ❑ Stucco and Window Replacement Specification Section No. /Title Paragraph(s) Drawing No.(s) Detail or Section No.(s) Description: USE SEPARATE FORM FOR EACH SUBMITTAL: Proposed Substitution: Manufacturer: Address: Phone: Trade Name: Model No. Installer: Address: Phone: History: ❑New Product 02 -5 years old 05 -10 yrs. old ❑More than 10 yrs. old Differences between proposed substitution and specified product: ❑ Point -by -point comparative data attached; additional data may be required by Architect - Engineer. Reason for not Similar Installation: Address: Architect: Owner: Date Proposed substitution affects other parts of work: ❑ No ❑ Yes; explain: Savings to Owner for accepting Substitution: S Proposed substitution changes Contract Time: 11 No ❑ Yes [Add] [Deduct] days Supporting Data Attached: []Drawings ❑ Product Data ❑Samples OTests 0 Reports ❑ REQUEST FOR SUBSTITUTION TRANSMITTAL FORM 1.3.2 Page 1 of 2 11, 10D Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 The Undersigned certifies: - Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product. - Same warranty will be furnished for proposed substitution as for specified product. - Same maintenance service and source of replacement parts, as applicable, is available. - Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule. - Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived. - Proposed substitution does not affect dimensions and functional clearances. - Payment will be made for changes to building design, including A/E design, detailing and construction costs caused by the substitution. - Coordination, installation and changes in the Work as necessary for accepted substitution will be complete in all respects. By: Address: A /E's Review and Action Name & Signature ❑ Substitution Accepted— Make submittals in accordance with Specification Section 01330. ❑ Substitution Accepted as Noted— Make submittals in accordance with Specification Section 01330. ❑ Substitution Rejected— Use specified materials. ❑ Substitution Request Received too Late — Use specified materials. Signed by: Date: Additional Comments: ❑ Contractor ❑ Subcontractor ❑ Supplier ❑ Manufacturer ❑ A/E ANSWER ALL "IT ESTI^* S °USE "NA IF NOL AP °LICABLE REQUEST FOR SUBSTITUTION TRANSMITTAL FORM 1N302 MIT W Page 2 of 2 10 0 1 Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 CONDITIONS OF USE AGREEMENT The electronic files (including Drawings and Project Manual Technical Sections on CD -ROM) of the Contract Documents for the project, prepared for a list of which is attached hereto (the ( "Files "), are being provided to as an accommodation to (i.e., facilitate Contractor's preparation of shop drawings and record drawings). It is acknowledged that only the Contract Documents should be relied on for accuracy. The Files are not warranted to be fit for the purpose or intended use, or to be complete, or free from defect. Due to the potential that the information set forth in the Files can be modified by subsequent users, unintentionally or otherwise, or altered by the computer system itself, all indications of Spillis Candela DMJM's (or its subconsultants) involvement have been removed from each electronic display. In consideration of the foregoing and by accepting the Files, agrees that: 1. It will not reenter in the Files, or any print made from the Files, any indication of the Files' source of origin; — 2. It will be solely responsible for verification of the validity and correctness of the Files; 3. It releases Spillis Candela DMJM from, and accepts responsibility for, any liability or damages arising in any manner from its use of the Files; 4. It acknowledges that the Files are owned by Spillis Candela DMJM and/or the above - stated client and that the Files, including any portion of the data contained therein, will not be used for any purpose other than stated above, and that it will not otherwise use the Files or data therein for its own profit; and 5. It shall pay to Spillis Candela DMJM a sum in accordance with the provisions of Section 01330 — Submittal Procedure. Article entitled ELECTRONIC COPIES OF FILES. In consideration for Spillis Candela DMJM's providing the Files, the foregoing premises and conditions are hereby acknowledged and accepted. Date: (type the Contractor's name here) Print Name: Title: 11 SECTION 01400 -QUALITY REQUIREMENTS PART 1 - GENERAL. 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specified tests, inspections, and related actions do not limit Contractor's other quality - assurance and - control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for Contractor to provide quality- assurance and - control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. See Divisions 2 through 16 Sections for specific test and inspection requirements. 1.2 DEFINITIONS A. Quality- Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality - Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full -size, phNsiad assemblies that are constructed on -site. Mockups are used to verify selections made under sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation: they are not Samples. Approved mockups establish the standard by which the Work twill be judged. D. Preconstruction Testing: Tests and inspections that are performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. E. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards. F. Source Quality - Control 'besting: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. G. Field Quality- Control Testing: Tests and inspections that are performed on -site for installation of the Work and for completed Work. nr r A i 1 ry o U QUMEMER'TS .0. Collier Counly Jail Renovations Bid Set — January 19.2007 NR Project No. 60002644.0007 A 10D H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. Installer /Applicator /Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub - subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." It also does not imply that requirements specified apply exclusively to tradespeople of the corresponding generic name. Experienced: When used with an entity, "experienced" means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.4 SUBMITTALS A. Qualification Data: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. B. Reports: Prepare and submit certified written reports that include the following: 1. Dale of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. QUALITY REQUiRdEMEPITS Collier County .Tail Renovations Bid Set — January 19, 2007 NE Project No. 60002644.0007 01400 -2 No 1� } 13. Recommendations on retesting and reinspecting. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.5 QUALITY ASSURANCE A. General: Qualifications paragraphs in this Article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Construction shall meet or exceed minimum requirements of the Florida Model Jail Standards. C. Installer Qualifications: A firm or individual experienced in installing erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in- service performance. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in- service performance, as well as sufficient production capacity to produce required units. E. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in- service performance, as well as sufficient production capacity to produce required units. F. Specialists: Certain sections of the Specifications require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirement for specialists shall not supersede building codes and regulations governing the Work. G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 548; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. 2. NVLAP: A testing agency accredited according to N1ST's National Voluntary Laboratory Accreditation Program. H. Factory- Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. QUALITY REQUIREMENTS Collier County Jail Renovations Bid Set — January 19, 2007 AT Project No. 60002644.0007 01400 -3 100 Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: I. Build mockups in location and of size indicated or, if not indicated, as directed by Architect. 2. Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect's approval of mockups before starting work, fabrication, or construction. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 1.6 QUALITY CONTROL A. Owner Responsibilities: Where quality - control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. I. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Unless otherwise indicated, provide quality - control services specified and those required by authorities having jurisdiction. Perform quality - control services required of Contractor by authorities having jurisdiction, whether specified or not. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality - control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality - control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality- control service. 4. 'resting and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory - authorized service representative to inspect field - assembled components and equipment installation, including service connections. Report results in writing as specified in Division I Section "Submittal Procedures." D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality - control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. QUALITY REQUIREMENTS 01400 -4 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 9 10D 1 E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in -situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality- control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality- control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality - assurance and - control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. 1.7 SPECIAL TESTS AND INSPECTIONS A. Special Tests and Inspections: Conducted by a qualified testing agency as required by authorities having jurisdiction, as indicated in individual Specification Sections, and as follows: 1. Verifying that manufacturer maintains detailed fabrication and quality - control procedures and reviewing the completeness and adequacy of those procedures to perform the Work. 2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 3. Submitting a certified written report of each test, inspection, and similar quality - control service to Architect with copy to Contractor and to authorities having jurisdiction. 4. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. QUALITY IREQUIU EMIENTS 01400 -5 Collier County Jail Renovations I Set— January 19, 2007 A/F Project No. 60002644.0007 W1 5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. 6. Retesting and reinspecting corrected work. PART 2 - PRODUCTS (Not Used) PART 3- EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. 2. Comply with the Contract Document requirements for Division I Section "Cutting and Patching." B. Protect construction exposed by or for quality - control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality - control services. END OF SECTION 01400 QUALITY REQUIREMENTS Collier County Jail Renovations Bid Set — January 19, 2007 A/F Proiect No. 60002644.0007 01400 -6 WAVI IN SECTION 01420- REFERENCES PART 1- GENERAL 1.1 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved ": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed ": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated ": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations ": Laws. ordinances, statutes. and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site. ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install ": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting placing, anchoring, applying. working to dimension, finishing, curing, protecting. cleaning, and similar operations. H. "Provide': Furnish and install. complete and ready for the intended use. I. "Project Site ": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.2 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. REFERENCES Collier County Jail Renovations Bid Set — January 19, 2007 A/E PioicetNo. 60002644.0007 M 01420 -1 10D I. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. D. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the organizations responsible for the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to -date as of the date of the Contract Documents. { PRIVATE tblI I ADAAG Americans with Disabilities Act (ADA) Architectural Barriers Act (ABA) CFR Code of Federal Regulations DOD Department of Defense Military Specifications and Standards DSCC Defense Supply Center Columbus (See FS) FED -STD Federal Standard (See FS) FS Federal Specification FTMS Federal Test Method Standard (See FS) MIL (See MILSPEC) MIL -STD (See MILSPEC) MILSPEC Military Specification and Standards UFAS Uniform Federal Accessibility Standards 1.3 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Thomson Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents. { PRIVATE tb131 IAPMO International Association of Plumbing and Mechanical Officials ICC International Code Council ICC -ES ICC Evaluation Service, Inc. REFERENCES 01420 -2 Collier County .tail Renovations Bid Set — January 19. 2007 A/E Project No. 60002644.0007 0, in, C. Federal Govermnent Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents, { PRIVATE tbl4) CE Army Corps of Engineers CPSC Consumer Product Safety Commission DOC Department of Commerce DOE Department of Energy EPA Environmental Protection Agency NIST National Institute of Standards and Technology OSHA Occupational Safety R Health Administration PHS Office of Public Health and Science { PRIVATE tbl5) PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01420 REFERENCES Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002641.0007 I 01420 -3 , SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. See Division 1 Section "Execution Requirements" for progress cleaning requirements. C. See Divisions 2 through 16 Sections for temporary heat, ventilation, and humidity requirements for products in those Sections. 1.2 USE CHARGES A. Water Service: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. B. Electric Power Service: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.3 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART2- PRODUCTS 2.1 MATERIALS A. General: All lumber and plywood shall be fire- retardant - treated. B. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules - writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated. 1. Factory mark each piece of lumber with grade stamp of grading agency. 2. Comply with performance requirements in AWPA C20 (lumber) for fire- retardant- treated material. C. Engineered Wood Products: Provide engineered wood products acceptable to authorities having jurisdiction and for which current model code research or evaluation reports exist that show compliance with building code in effect for Project. 1. Allowable Design Stresses: Provide engineered wood products with allowable design stresses, as published by manufacturer, that meet or exceed those indicated. TEMPORARY FACILITIES AND CONTROLS 01500 -1 Collier County Jail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 11 Manufacturer's published values shall be determined from empirical data or by rational engineering analysis and demonstrated by comprehensive testing performed by a qualified independent testing agency. 2. Comply with performance requirements in AWPA C27 (plywood) for fire- retardant- treated material. D. Gypsum Board: Minimum 1/2 inch thick by 48 inches wide by maximum available lengths; regular -type panels with tapered edges. Comply with ASTM C 36/C 36M. 2.2 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self - contained, liquid - propane -gas or fuel -oil heaters with individual space thermostatic control. 1. Use of gasoline - burning space heaters, open -flame heaters, or salamander -type heating units is prohibited. 2. Heating Units: Listed and labeled for type of fuel being consumed, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. 3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return air grille in system and remove at end of construction. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Prctject adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Division I Section "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 12 TEMPORARY UTILITY INSTALLATION A. Water Service: Use of Owner's existing water service facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. I. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. TEMMPORARY FACILITIES AND CONTROLS Collier County Jail Renovations Bid Set — January 19. 2007 AJE Project No. 60002644.0007 01500 -2 10 D 'I 100 Toilets: Use of Owners existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. C. Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. D. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. E. Electric Power Service: Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. F. Telephone Service: Provide temporary telephone service in common -use facilities for use by all construction personnel. Install one telephone line for each field office. I. Provide additional telephone lines for the following: a. Provide a dedicated telephone line for each facsimile machine and computer in each field office. 2. Provide superintendent with cellular telephone or portable two -way radio for use when away from field office. G. Electronic Communication Service: Provide temporary electronic communication service, including electronic mail in field office. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Provide incombustible construction for offices, shops, and sheds located within construction area or within 30 feet of building lines. Comply with NFPA 241. 2. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Parking: Use designated areas of Owner's existing parking areas for construction personnel. C. Project Identification and Temporary Signs: Provide Project identification and other signs. Install signs where indicated to inform public and individuals seeking entrance to Project. Unauthorized signs are not permitted. 1. Provide temporary, directional signs for construction personnel and visitors. 2. Maintain and touchup signs so they are legible at all times. D. Waste Disposal Facilities: Provide waste - collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having TENITORARY FACILITIES ANB CONTROLS 01500 -3 Collier County Jail Renovations Bid Set— January 19, 2007 NE Project No. 60002644.0007 /, jurisdiction. Comply with Division 1 Section "Execution Requirements" for progress cleaning requirements. E. Existing Elevator Use: Use of Owner's existing elevators will not be permitted. Existing Stair Usage: Use of Owner's existing stairs will be permitted, as long as stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use. I. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If, despite such protection, stairs become damaged, restore damaged areas so no evidence remains of correction work. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. C. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. D. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. I. Where heating or cooling is needed and permanent enclosure is not complete, insulate temporary enclosures. E. Temporary Partitions: Provide floor -to- ceiling dustproof partitions to limit dust and dirt migration and to separate areas occupied by Owner and tenants from fumes and noise. 1. Construct dustproof partitions with gypsum wallboard with joints taped on occupied side, and tire- retardant plywood on construction operations side. 2. Insulate partitions to provide noise protection to occupied areas. 3. Sealjoints and perimeter. Equip partitions with dustproof doors and security locks. 4. Protect air - handling equipment. 5. Weather strip openings. 6. Provide walk -off mats at each entrance through temporary partition. F. Temporary Fire Protection: Install and maintain temporary tire - protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Prohibit smoking in building. 2. Supervise welding operations, combustion -type temporary heating units, and similar sources of fire ignition according to requirements of authorities havingjurisdiction. 3. Develop and supervise an overall fire- prevention and - protection program for personnel at Project site. Review needs with local fire department and establish TEMPORARY FACILITIES AND CONTROLS Collier County .fail Renovations Bid Set — January 19. 2007 A/F Project No. 60002644.0007 01500 -4 100 1QD procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. 4. Provide temporary standpipes and hoses for fire protection. Hang hoses with a warning sign stating that hoses are for fire - protection purposes only and are not to be removed. Match hose size with outlet size and equip with suitable nozzles. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24 -hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 1 Section "Closeout Procedures." END OF SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 01500 -5 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 l0D Y SECTION 01600 - PRODUCT REQUIREMENTS PART]- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 RELATED WORK A. Refer to Specification Sections for specific requirements for warranties on products and installations specified to be warranted. 1.3 SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration; submit form provided at end of this section with each substitution request. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. I . Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified material or product cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. g. Material test reports fi-otn a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. h. Research/ evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. i. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. j. Cost information, including a proposal of change, if any, in the Contract Sum. k. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. I. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. PRODUCT REQUIREMENTS Collier County Jail Renovations Bid Set— ]anuaq 19.2007 A/E Project No. 60002644.0007 9 01500 -1 100 Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Acceptance: Change Order. b. Use product specified if Architect cannot make a decision on use of a proposed substitution within time allocated. C. Architect's decision of acceptance or rejection of proposed substitution shall be final. 1.4 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. 1. Schedule delivery to minimize long -tern storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products to allow for inspection and measurement of quantity or counting of units. 6. Store materials in a manner that will not endanger Project structure. 7. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. 8. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather - protection requirements for storage. 9. Protect stored products from damage. B. Storage: Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner. 11 i 7:16101![NrhT /:\3M7Z1Y190 A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution. Manufacturer's Standard Form: Modified to include Project - specific information and properly executed. Refer to Specification Sections for specific content requirements and particular requirements for submitting special warranties. PRODUCT REQUIREMENTS Collier County .Tail Renovations Bid Set— January 19, 2007 A/F. Project No. 60002644.0007 01600 -2 C. Submittal Time: Comply with requirements in Section 01700 - "Project Closeout. PART 2- PRODUCTS 2.1 PRODUCT OPTIONS A. General Product Requirements: Provide products that match existing products and comply with the Contract Documents, that are undamaged, and that are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Where products are accompanied by the term "match existing," contractor is responsible for finding manufacturer and product to exactly match existing subject to architect review and approval. Where no match to existing products are found, contractor shall comply with county's vertical standards as provided through Architect, and subject to his review and approval. 3. Where products are accompanied by the term "as selected," Architect will make selection. 4. Or Equal: Where products are specified by name and accompanied by the term "or equal" or "accepted equivalent" or "approved equal" or "or approved," comply with provisions in "PRODUCT SUBSTITUTIONS" Article to obtain acceptance for use of an unnamed product. 5. Whether the term "or equal," "accepted equivalent," or "approved equal," is included after a product manufacturer or not, contractor may propose a product substitution by completing REQUEST FOR SUBSTITUTION TRANSMITTAL FORM, and complying with PRODUCT SUBSTITUTIONS paragraph, included in this section. B. Product Selection Procedures: Procedures for product selection include the following: 1. Product: Where Specification paragraphs or subparagraphs titled "Product" name a single product and manufacturer, provide the product named. a. Substitutions may be considered, unless otherwise indicated. 2. Manufacturer /Source: Where Specification paragraphs or subparagraphs titled "Manufacturer" or "Source" name single manufacturers or sources, provide a product by the manufacturer or from the source named that complies with requirements. a. Substitutions may be considered, unless otherwise indicated. 3. Products: Where Specification paragraphs or subparagraphs titled "Products" introduce a list of names of both products and manufacturers, provide one of the products listed that complies with requirements. a. Substitutions may be considered, unless otherwise indicated. 4. Manufacturers: Where Specification paragraphs or subparagraphs titled "Manufacturers" introduce a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. a. Substitutions may be considered, unless otherwise indicated. 5. Product Options: Where Specification paragraphs titled "Product Options" indicate that size, profiles, and dimensional requirements on Drawin,s are based on a specific product or system, provide either the specific product or system indicated or a comparable product or system by another manufacturer. Comply with provisions in "Product Substitutions" Article. 6. Basis -of- Design Products: Where Specification paragraphs or subparagraphs titled "Basis -of- Design Products" are included and also introduce or refer to a list of manufacturers' names, provide either the specified product or a comparable product by PRODUCT REQUIPtENIE:; :'S Collier County Jail Renovations Bid Set — January 19, 2007 A/C Project No. 60002644.0007 BIGSIIIIIt] 10D .il .. one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Substitutions will not be considered. 7. Visual Matching Specification: Where Specifications require matching an established Sample, select a product (and manufacturer) that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches satisfactorily. a. If no product available within specified category matches satisfactorily and complies with other specified requirements, comply with provisions of the Contract Documents on "substitutions" for selection of a matching product. 8. Visual Selection Specification: Where Specifications include the phrase "as selected from manufacturer's colors, patterns, textures" or a similar phrase, select a product (and manufacturer) that complies with other specified requirements. a. Standard Range: Where Specifications include the phrase "standard range of colors, patterns, textures" or similar phrase, Architect will select color, pattern, or texture from manufacturer's product line that does not include premium items. b. Full Range: Where Specifications include the phrase "full range of colors, patterns, textures" or similar phrase, Architect will select color, pattern, or texture from manufacturer's product line that includes both standard and premium items. 2.2 PRODUCT SUBSTITUTIONS A. Timing: Architect will consider requests for substitution if received within 30 calendar days after the Award of Contract. Requests received after that time may be considered or rejected at discretion of Architect. B. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied. Architect will return requests without action, except to record noncompliance with these requirements: 1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 10. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 - EXECUTION (Not Used) END OF SECTION 01600 PRODUCT REQUIREMENTS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 01600 -4 ,14 Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 REQUEST FOR SUBSTTPUITION TRANSMITTAL FORM A/E PROJECT NO.: DATE OF SUBMITTAL: FROM: PROJECT NAME: Hereby requests acceptance of the following product or systems as an "equivalent" substitution in accordance with provisions of General Conditions and Division I section entitled "Product Requirements ". Portion of Work: ❑ Plumbing Improvements ❑ Stucco and Window Replacement Specification Section No. /Title Paragraph(s) Drawing No.(s) Detail or Section No.(s) Description: USE SEPARATE FORM FOR EACH SUBMITTAL: Proposed Subs Manufacturer: Trade Name:_ Installer: .Address: I No. Phone: History: 71 New Product 172 -5 years old 715 -10 yrs. old 7More than 10 yrs. old Differences between proposed substitution and specified product: ❑ Point -by -point comparative data attached; additional data may be required by Architect- Engineer. Reason for not providing specified item: Similar Installation: Project: Architect: Address: Owner: Date Installed: Proposed substitution affects other parts of work: ❑ No ❑ Yes; explain: Savings to Owner for accepting Substitution: $ Proposed substitution changes Contract Time: EI No Yes [Add] [Deduct] days Supporting Data Attached: ❑ Drawings ❑ Product Data ❑ Samples ❑ Tests ❑ Reports ❑ REQUEST FOR SUBSTITUTION TRANSMITTAL FORM INX2 1 Page I of 2 100 "1 Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor Coral Gables, Florida, 33134 T 305.444.4691 F 305.447.3580 The Undersigned certifies: Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product. Same warranty will be furnished for proposed substitution as for specified product. Same maintenance service and source of replacement parts, as applicable, is available. Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule. Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived. Proposed substitution does not affect dimensions and functional clearances. Payment will be made for changes to building design, including A/E design, detailing and construction costs caused by the substitution. Coordination, installation and changes in the Work as necessary for accepted substitution will be complete in all respects. By: Firm Name Print Name & A/E's Review and Action ❑ Substitution Accepted —Make submittals in accordance with Specification Section 01330. ❑ Substitution Accepted as Noted— Make submittals in accordance with Specification Section 01330. ❑ Substitution Rejected— Use specified materials. ❑ Substitution Request Received too Late— Use specified materials. Signed by: Date: Additional Comments: ❑ Contractor ❑ Subcontractor ❑ Supplier ❑ Manufacturer ❑ A/E ANSNVER ALL QUESTIONS - LTSE "NA" IF NOT APPLICABLE REQUEST FOR SUBSTITUTION TRANSMITTAL FORM Page 2 of 2 INN2 on SECTION 01700 - EXECUTION REQUIREMENTS PART 1-GENERAL I *18J1VJ W kRi9 A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. General installation of products. 2. Progress cleaning. 3. Starting and adjusting. 4. Protection of installed construction. Correction of the Work. B. See Division I Section "Closeout Procedures" for submitting Project Record Documents, recording of Owner- accepted deviations from indicated lines and levels, and final cleaning. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of utilities. and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify, the existence and location of mechanical and electrical systems and other construction affecting the Work. I . Betore construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of underground utilities and other construction affecting the Work to the greatest extent possible. I. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water- service piping; and underground electrical services. C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2. Examine roughing in for mechanical and electrical systems to verify actual locations of-connections before equipment and fixture installation. 3. Examine walls. floors, and roofs for suitable conditions where products and systems are to be installed. 4. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. EXECUTION REQUIRENMISTS Collier County Jail Renovations Bid Set - January 19, 2007 MC Project No. 60002644.0007 9 01700 -I 100 3.2 PREPARATION A. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. B. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. C. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Architect. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. Submit requests on "Request for Interpretation" Form. 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. B. General: I. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Architect when deviations from required lines and levels exceed allowable tolerances. C. Building Lines and Levels: Locate and lay out control lines and levels for mechanical work. Transfer survey markings and elevations for use with control lines and levels. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. 14 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. I. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. EXECUTION REQUIREMENTS 01700 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 WE C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no pan of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. I . Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. 2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I azardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.5 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint -use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. I. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom -clean or vacuum the entire work area, as appropriate. EIECUTT^N REQUIREMENTS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 I 01700 -3 vial D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Burying or burning waste materials on -site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.6 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. C. Manufacturer's Field Service: If a factory- authorized service representative is required to inspect field - assembled components and equipment installation, comply with qualification requirements in Division 1 Section "Quality Requirements." 3.7 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. Comply with manufacturer's written instructions for temperature and relative humidity. 3.8 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Division I Section "Cutting and Patching." 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. EXECUTION REQUIREMENTS 01700 -4 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 100 01, 11 109 { B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. END Of SECTION 01700 EXECUTION REQUIREMENTS Collier County Jail Renmations Bid Sct— January 19, 2007 A/F Project No. 60002644.0007 01700 -5 SECTION 01731 - CUTTING AND PATCHING PARTI - GENERAL 1.1 SUMMARY A. This Section includes procedural requirements for cutting and patching for plumbing improvements. B. See Divisions 2 through 16 Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. 1.2 SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures at least 10 days before the time cutting and patching will be performed, requesting approval to proceed. Include the following information: 1. Describe cutting and patching, show how they will be performed, and indicate why they cannot be avoided. 2. Describe anticipated results. Include changes to structural elements and operating components as well as changes in building's appearance and other significant visual elements. 3. List products to be used and firms or entities that will perform the Work. 4. Indicate when cutting and patching will be performed. 5. List utilities that cutting and patching procedures will disturb or affect. List services /systems that will be relocated and those that will be temporarily out of service. Indicate how long services /systems will be disrupted. 6. Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. 7. Obtain Architect's approval of cutting and patching proposal before cutting and patching. Approval does not waive right to later require removal and replacement of unsatisfactory work. 1.3 QUALITY ASSURANCE A. Structural Elements: Do not cut and patch structural elements in a manner that could change their load - carrying capacity or load - deflection ratio. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. C. Miscellaneous Elements: Do not cut and patch miscellaneous elements or related components in a manner that could change their load - carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. D. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Architect's opinion, reduce the CUTTING AND PATCHING 01731 -1 Collier County Jail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 10D 1 11 building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. 1.4 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2- PRODUCTS 2.1 MATERIALS A. Comply with requirements specified in other Sections. B. Use materials identical to in -place materials. For exposed surfaces, use materials that visually match in -place adjacent surfaces to the fullest extent possible. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of in -place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. Betbre patching, verify compatibility with and suitability of substrates, including compatibility with in -place finishes or primers. 2. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect in -place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Where existing services /systems are required to be removed, relocated, or abandoned, bypass such services /systems before cutting to prevent interruption to occupied areas. E. Comply with requirements for temporary enclosures, dust control, heating, and cooling specified in Division I Section "Temporary Facilities and Controls." CUTTEv, A. v` VATCUMi Collier County Jail Renovations Bid Set — January 19, 2007 NF. Project No. 60002644.0007 01',31 -2 W 3.3 PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. I. Cut in -place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Cutting: Cut in -place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond -core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Division 2 Sections where required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6. Proceed with patching after construction operations requiring cutting are complete. C. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections. I. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in -place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. 4. Ceilings: Patch, repair, or rehang in -place ceilings as necessary to provide an even - plane surface of uniform appearance. D. Cleaning: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. END OF SECTION 01731 CUTTING AND PATCHING Collier County .tail Renovations Bid Set — January 19, 2007 A/F Project No. 60002644.0007 01731 -3 11 10D ! SECTION 01732 - SELECTIVE DEMOLITION PART 1-GENERAL 1.1 SUMMARY A. This Section includes demolition and removal of selected portions of building or structure for plumbing improvements. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off -site, unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and reinstall them where indicated. C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by selective demolition operations. Comply with Division 1 Section "Photographic Documentation." Submit before Work begins. 1.4 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities havingjurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. D. Predemolition Conference: Conduct conference at Project site. 1.5 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area Conduct selective demolition so Owner's operations will not be disrupted. SELECTIVE DEMOLITION 017,32 -1 Collier County Jail Renovations Rid Set — January 19, 2007 A17 . Project No. 60002644A007 10 D 'I B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. I . Hazardous materials will be removed by Owner before start of the Work. 2. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract. E. Storage or sale of removed items or materials on -site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire- protection facilities in service during selective demolition operations. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS (Not Used) PART 3- EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. E. Engage a professional engineer to survey condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective demolition operations. F. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs. Comply with requirements specified in Division 1 Section 'Photographic Documentation." SELECTIVE DEMOLITION 01732 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644M07 G. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. 3.2 UTILITY SERVICES AND MECHANICAL /ELECTRICAL SYSTEMS A. Existing Services /Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. B. Service/System Requirements: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical /electrical systems serving areas to be selectively demolished. I. Arrange to shut off indicated utilities with utility companies. 2. If services /systems are required to be removed, relocated, or abandoned, before proceeding with selective demolition provide temporary services /systems that bypass area of selective demolition and that maintain continuity of services /systems to other parts of building. 3. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris - removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Division I Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. I. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. 2. Provide temporary weather protection. during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas. 3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations. 4. Cover and protect furniture, furnishings, and equipment that have not been removed. 5. Comply with requirements for temporary enclosures, dust control, heating, and cooling specified in Division 1 Section "Temporary Facilities and Controls." C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished. 1. Strengthen or add new supports when required during progress of selective demolition. SELECTIVE DEMOLITION Collier County Jail Renovations Bid Set —Januan 19, 2007 NE Project No. 600026.14.0007 01732 -3 on 3.4 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level. 2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame- cutting operations. Maintain fire watch and portable fire- suppression devices during flame- cutting operations. 5. Maintain adequate ventilation when using cutting torches. 6. Remove decayed, vermin - infested, or otherwise dangerous or unsuitable materials and promptly dispose of off -site. 7. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. 8. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 9. Dispose of demolished items and materials promptly. B. Removed and Reinstalled Items: 1. Clean and repair items to functional condition adequate for intended reuse. Paint equipment to match new equipment. 2. Pack or crate items after cleaning and repairing. Identify contents of containers. 3. Protect items from damage during transport and storage. 4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 3.5 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS A. Concrete: Demolish in sections. Cut concrete full depth at junctures with construction to remain and at regular intervals, using power - driven saw, then remove concrete between saw cuts. B. Masonry: Demolish in small sections. Cut masonry at junctures with construction to remain, using power - driven saw, then remove masonry between saw cuts. SELECTIVE DEMOLITION O1,32 -4 Collier County Jail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 81 QD T, C. Concrete Slabs -on- Grade: Saw -cut perimeter of area to be demolished, then break up and remove. 3.6 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA - approved landfill. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.7 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 01732 SELECTIVE DEMOLITION Collier County Jail Renovations Bid Set— January 19. 2007 A/E Project No. 60002644.0007 I 01732 -5 10® SECTION 01770 -CLOSEOUT PROCEDURES PARTI- GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. See Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. C. See Division 1 Section "Maintenance Data" for maintenance manual requirements. D. See Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, maintenance manuals, Final Completion construction photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Complete startup testing of systems. 8. Terminate and remove temporary facilities from Project site, construction tools, and similar elements. 9. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 10. Complete final cleaning requirements, including touchup painting. 11. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items CLOSEOUT PROCEDURES 017^, 0 -1 Collier County Jail Renovations Bid Set— .lanuary 19, 2007 ME Project No. 60002644.0007 11 M identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: I. Submit two copies of Closeout Documents at least five days prior to application for final payment. Closeout Documents include all warranties, operation and maintenance manuals, and Record Documents. 2. Submit a final Application for Payment. 3. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 4. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. I. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, proceeding from lowest floor to highest fl our. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. CLOSEOUT PROCEDURES 01770 -2 Collier County.lail Renovations Bid Sct— .lanuar} 19, 2007 A /F: Project No. 60002644.0007 I 1OD 1 I. Bind warranties and bonds in heavy -duty, 3 -ring, vinyl - covered, loose -leaf binders, thickness as necessary to accommodate contents, and sized to receive 8- 1 /2 -by -I (- inch paper. 2. Provide heavy paper dividers with plastic - covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2- PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste - removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Remove tools, construction equipment, machinery, and surplus material from Project site. C. Clean exposed exterior and interior hard - surfaced finishes to a dirt -free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. d. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. e. Sweep concrete floors broom clean in unoccupied spaces. f. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision - obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. CLOSEOUT PROCEDURES 01770 -3 Collier County Jail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 No g. Remove labels that are not permanent. h. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. I) Do not paint over "UU and similar labels, including mechanical and electrical nameplates. i. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. j. Replace parts subject to unusual operating conditions. k. Clean plumbing fixtures to original pre - construction condition. I. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned -out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. m. Leave Project clean and ready for occupancy. C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 01 770 C1 QSEML'T. PROCEDUTIES Collier Counly Jail Renovations Bid So — January 19. 2007 A/ F. Project No. 60002644.0007 01770 -4 SECTION 01781 - PROJECT RECORD DOCUMENTS PARTI - GENERAL 1H�31IJ3ISF.1g.V/ A. This Section includes administrative and procedural requirements for Project Record Documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. See Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. C. See Divisions 2 through 16 Sections for specific requirements for Project Record Documents of the Work in those Sections. 1.2 SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one set of marked -up Record Prints and two copies printed from marked -up prints for review and transmittal to Architect. B. Record Specifications: Submit one copy of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one copy of each Product Data submittal. PART2- PRODUCTS 2.1 RECORD DOCUMENTS, GENERAL A. Clearly identify, date, and initial all changes with an erasable, red - colored pencil on the drawings, specifications and submittals. Use other colors to distinguish between changes for different categories of the Work at same location 2.2 RECORD DRAWINGS A. Record Prints: Maintain one set of blue- or black -line white prints of the Contract Drawings and Shop Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked -up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. PROJECT RECORD DOCUMENTS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 01 ^,81 -1 i FQ ON 2. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked. show cross - reference on the Contract Drawings. 3. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize Record Prints and newly prepared Record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 1 Identification: As follows: a. Project name. b. Date. C. Designation "PROJECT RECORD DRAWINGS." d. Name of Architect. e. Name of Contractor. 2.3 RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 1 Record the name of manufacturer, supplier. Installer, and other information necessary to provide a record of selections made. 4. Note related Change Orders, Record Product Data, and Record Drawings where applicable. 2.4 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, Record Specifications, and Record Drawings where applicable. 2.5 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PROJECT R—ECORD DOCUMENTS V1,81 -2 Collier Countvhml Renovations Bid Set — January 19. 2007 A/F Project No. 60002644.0007 11 fl PART 3- EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the field office apart from the Contract Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Architect's reference during normal working hours. END OF SECTION 01781 PROJECT RECORD DOCUNIER'T3 Collier County .Tail Renovations Bid Set — January 19, 2007 AJE Project No. 60002644.0007 01781 -3 SECTION 01782 -MAINTENANCE DATA PART 1- GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Maintenance manuals for the care and maintenance of products, materials, and finishes. B. See Divisions 2 through 16 Sections for specific maintenance manual requirements for the Work in those Sections. 1.2 SUBMITTALS A. Initial Submittal: Submit 2 draft copies of each manual at least 15 calendar days before requesting inspection for Substantial Completion. Include a complete maintenance directory. Architect will return one copy of draft and mark whether general scope and content of manual are acceptable. B. Final Submittal: Submit two copies of manual in final form at least 15 calendar days before final inspection. Architect will return copy with comments within 15 calendar days after final inspection. Correct or modify each manual to comply with Architect's comments. Submit 3 copies of each corrected manual within 15 calendar days of receipt of Architect's comments. 1.3 COORDINATION A. Where maintenance documentation includes information on installations by more than one factor- authorized service representative, assemble and coordinate information furnished by representatives and prepare manuals. PART 2- PRODUCTS 2.1 MANUALS, GENERAL A. Organization: Mamial shall contain a title page, table of contents, and manual contents. B. Title Page: Enclose title page in transparent plastic sleeve. Include the following i n formation: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. �. Name, address, and telephone number of Contractor. 6. Name and address of Architect. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross- reterenced to Specification Section number in Project Manual. MAINTENANCE DATA Collier County Jail Renovations [aid Sct — January 19, 2007 A/F Project No. 60003644.0007 01 JI1S I 100 D. Manual Contents: I. Binders: Heavy -duty, 3 -ring, vinyl- covered, loose -leaf binders, in thickness necessary to accommodate contents, sized to hold 8- 1 /2 -by -1l -inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. Identify binder on front and spine, with printed title "MAINTENANCE MANUAL — JAIL RENOVATION," Project title or name, and subject matter of contents. 2. Dividers: Heavy -paper dividers with plastic-covered tabs for each section. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross - referenced to Specification Section number and title of Project Manual. 3. Supplementary Text: Prepared on 8- 1 /2 -by -1 ]-inch white bond paper 4. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software diskettes for computerized electronic equipment. S. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.2 PRODUCT MAINTENANCE MANUAL A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross - reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: I. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and inspection procedures, types of cleaning agents, methods of cleaning, schedule for cleaning and maintenance, and repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. Include procedures to follow and required notifications for warranty claims. (MAINTENANCE DATA 01782 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 11 W PART 3- EXECUTION 3.1 MANUAL PREPARATION A. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. B. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. C. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in Record Drawings to ensure correct illustration of completed installation. 1. Do not use original Project Record Documents as part of operation and maintenance manuals. D. Comply with Division I Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 01782 MAINTEN—ANCE "A. A Collier County Jail Renovations Bid Set — January 19, 2007 A /L' Project No. 60002644.0007 01', 82 -3 10� SECTION 03301 - CAST -IN -PLACE CONCRETE PART1- GENERAL 1.1 SUMMARY A. This Section specifies cast -in -place concrete, including reinforcement, concrete materials, mixture design, placement procedures, and finishes. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Design Mixtures: For each concrete mixture. 1.3 QUALITY ASSURANCE A. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment. B. Comply with ACI 301, "Specification for Structural Concrete." C. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." PART 2- PRODUCTS 2.1 FORMWORK A. Furnish formwork and formwork accessories according to ACI 301. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. B. Plain -Steel Wire: ASTM A 82, as drawn. C. Plain -Steel Welded Wire Reinforcement: ASTM A 185, fabricated from as -drawn steel wire into flat Sheets. 2.3 CONCRETE MATERIALS A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source throughout Project: 1. Portland Cement: ASTM C 150, Type 1 Supplement with either of the following: a. Ground Granulated Blast- Furnace Slag: ASTM C 989, Grade 100 or 120. Use a maximum of 25 percent slag in the cementitious material composition. B. Normal- Weight Aggregate: ASTM C 33, graded, 3/4 inch nominal maximum aggregate size. CAST -LN-PLACE CONCRETE 03301 -1 Collier County Jail Renovations Bid Set — January 19, 2007 A/6 Project No. 60002644.0007 100 C. Water: ASTM C 94/C 94: potable. D. Synthetic Fiber: Fibrillated polypropylene fibers engineered and designed for use in concrete pavement, complying with ASTM C 1116, Type III, 1/2 to 1 -1/2 inches (13 to 38 mm) long. 2.4 ADMIXTURES A. Air - Entraining Admixture: ASTM C 260. B. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water - soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water- Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: AS] M C 494/C 494M, Type B. 3. Water - Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High - Range, Water - Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High - Range, Water - Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017 /C 1017M, Type II. 2.5 RELATED MATERIALS A. Vapor Retarder: Multi -ply reinforced polyethylene sheet, ASTM E 1745, Class C, or polyethylene sheet, ASTM D 4397, not less than 10 mils (0.25 mm) thick. B. Joint - Filler Strips: ASTM D 1751, asphalt- saturated cellulosic fiber, or ASTM D 1752, cork or self - expanding cork. 2.6 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming: manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz. /sq. yd. (305 g/sq. m) when dry. C. Moisture - Retaining Cover: ASTM C 171. polyethylene film or white burlap - polyethylene sheet. D. Water: Potable. 2.7 CONCRETE MIXTURES A. Comply with ACI 301 requirements for concrete mixtures. B. Normal- Weight Concrete: Prepare design mixes, proportioned according to ACI 301, as follows: 1. Minimum Compressive Strength: Per sheet S L00 at 28 days. 2. Maximum Water- Cementitious Materials Ratio: Per sheet 51.00. CAST- IUN- 1P1.ACE C^NIIR TE Collier Count ,Jail Renovations Bid Set — January 19, 2007 NE Project No. 60002644.0007 H 03301 -2 10 3. Slump Limit: 4 inches (100 mm) plus or minus 1 inch for concrete placed by buggies or direct discharge. 8 inches (200 mm) plus or minus 1 inch (25 mm) for concrete with verified slump of 2 to 4 inches (50 to 100 mm) before adding high - range water - reducing admixture or plasticizing admixture, for concrete that is placed by pump.. 4. Air Content: Maintain within range permitted by ACI 301. Do not allow air content of floor slabs to receive troweled finishes to exceed 3 percent. C. Synthetic Fiber: Uniformly disperse in concrete mix at manufacturer's recommended rate but not less than a rate of 1.0 lb/cu. yd (0.60 kg/cu. m). 2.8 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M, and furnish batch ticket information. 1. When air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 FORMWORK A. Design, construct, erect, brace, and maintain formwork according to ACI 301. Sides of footings shall be formed unless the soil encountered will maintain a stable vertical cut during excavation, preparation, placing of reinforcing and during concrete placement. 3.2 VAPOR RETARDERS A. Install, protect, and repair vapor retarders according to ASTM E 1643; place sheets in position with longest dimension parallel with direction of pour. 1. Lap joints 6 inches (150 mm) and seal with manufacturer's recommended adhesive or joint tape. 3.3 STEEL REINFORCEMENT A. Comply with CRSfs "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. 3.4 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Contraction Joints in Slabs -on- Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one -fourth of concrete thickness. C. Isolation Joints: Install joint -filler strips at junctions with slabs -on -grade and vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. CAST -IN -PLACE CO'N'CRETE 03301 -3 Collier County .Tail Renovations [aid Set — January 19, 2007 A/E Project No. 60002644.0007 C01 1. Extend joint fillers full width and depth of joint, terminating flush with finished concrete surface, unless otherwise indicated. 3.5 CONCRETE PLACEMENT A. Comply with ACT 301 for measuring, batching, mixing, transporting, and placing concrete. B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. C. Do not add water to concrete during delivery, at Project site, or during placement. D. Consolidate concrete with mechanical vibrating equipment. 3.6 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1 R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or darbies to form a uniform and open - textured surface plane before excess moisture or bleedwater appears on surface. I . Do not further disturb surfaces before starting finishing operations. C. Trowel Finish: Apply a hard trowel finish to surfaces indicated and to floor and slab surfaces exposed to view or to be covered �Nith paint, or another thin film -finish coating system. 3.7 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold - weather protection and with ACI 301 for hot- weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb /sq. ft. x h (1 kg/sq. in x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure formed and unformed concrete for at least seven days by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days With the following materials: a. Water. b. Continuous water -fog spray. C. Absorptive cover, water saturated and kept continuously wet. Cover concrete surfaces and edges with 12 -inch (300 -mm) lap over adjacent absorptive covers. eaST- PEI �C v✓ CONC;°Wii Collier County Jail Renovations Bid Set — January 19, 2007 ,Vh Protect No. 60002644.0007 `J 03302 -4 I� U 2. Moisture - Retaining -Cover Curing: Cover concrete surfaces with moisture- retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3.8 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. B. Tests: Perform according to ACI 301. Provide tests daily for each batch mix and as required by Florida Building Code and authorities having jurisdiction. 3.9 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION 03301 CAST -IN-PLACE CONCRETE 03301 -5 Collier County Jail Renovations Bid Set - January 19, 2007 A/E Project No. 60002644.0007 SECTION 04810- UNIT MASONRY ASSEMBLIES PART]- GENERAL 1.1 SUMMARY A. This Section includes patching existing concrete masonry units (CMUS). 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Material Certificates: For each type of product indicated. Include statements of material properties indicating compliance with requirements including compliance with standards and type designations within standards. 1. For masonry units include material test reports substantiating compliance with requirements. C. Mix Designs: For each type of mortar and grout. Include description of type and proportions of ingredients. 1.3 QUALITY ASSURANCE A. Preconstruction Testing Service: Owner will engage a qualified independent testing agency to perform preconstruction testing indicated below. Payment for these services will be made by Owner. 1. Concrete Masonry Unit Test: For each type of unit required, per ASTM C 140. 2. Mortar Test (Property Specification): For each mix required, per ASTM C 780. 3. Grout Test (Compressive Strength): For each mix required, per ASTM C 1019. B. Fire - Resistance Ratings: Where indicated, provide materials and construction identical to those of assemblies with fire- resistance ratings determined per ASTM E 119 by a testing and inspecting agency. by equivalent concrete masonry thickness, or by other means, as acceptable to authorities havingjurisdiction. 1.4 PROJECT CONDITIONS A. Hot- Weather Requirements: Comply with hot- weather construction requirements contained in ACI 530.1 /ASCE 6/TMS 602. PART2- PRODUCTS 2.1 COLORS, TEXTURES, AND PATTERNS A. Exposed Masonry Units: Match existing. 22 CONCRETE MASONRY UNITS (CMUs) A. Shapes: Provide special shapes for lintels, corners, jambs, sashes, movement joints, headers, bonding, and other special conditions. AT *i ;C', R; A�SEA1131:ES C4S:C -: Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 B. Concrete Masonry Units: ASTM C 90. 1. Unit Compressive Strength: Provide units with minimum average net -area compressive strength of 1500 psi. 2. Weight Classification: Medium or normal weight. 2.3 MORTAR AND GROUT MATERIALS A. Portland Cement: ASTM C 150, Type I or II, except Type III may be used for cold - weather construction. B. Hydrated Lime: ASTM C 207, Type S. C. Aggregate for Mortar: ASTM C 144. D. Aggregate for Grout: ASTM C 404. E. Water: Potable. ►��:��iu�1��1�K�I, Lowy A. Uncoated Steel Reinforcing Bars: ASTM A 615/A 615M or ASTM A 996/A 996M, Grade 60. B. Masonry Joint Reinforcement: ASTMA 951; mill galvanized, carbon -steel wire for interior walls and hot -dip galvanized, carbon -steel wire for exterior walls. - 1. Wire Size for Side Rods: W2.8 or 0.188 -inch diameter. 2. Wire Size for Cross Rods: W2.8 or 0.188 -inch diameter. 3. Wire Size for Veneer Ties: W2.8 or 0.188 -inch diameter. 4. Spacing of Cross Rods, Tabs, and Cross Ties: Not more than 16 inches o.c. 5. Single -Wyche Masonry: Either ladder or truss type with single pair of side rods. 2.5 TIES AND ANCHORS A. Materials: I. Steel Sheet, Galvanized after Fabrication: ASTM A 1008 /A 1008M, Commercial Steel, hot -dip galvanized after fabrication to comply with ASTM A 153/A 153M. 2. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M. B. Rigid Anchors: Fabricate from steel bars 1 -1/2 inches wide by 1/4 inch thick by 24 inches long, with ends turned up 2 inches or with cross pins. 1. Corrosion Protection: Hot -dip galvanized to comply with ASTM A 153/A 153M. 2.6 MORTAR AND GROUT MIXES A. General: Do not use admixtures, unless otherwise indicated. 1. Do not use calcium chloride in mortar or grout. 2. Limit cementitious materials in mortar and reinforced masonry to portland cement and lime. B. Mortar for Unit Masonry: Comply with ASTM C 270, Proportion Specification. UNIT MASONRY ASSEMBLIES 04810 -2 Collier County Jail Renovations Bid Set — January 19, 2007 Ai E Project No. 60002644.0007 NMI (, 100 ' I C. Mortar for Unit Masonry: Comply with ASTM C 270, Property Specification. 1. For reinforced masonry, use Type S, with a minimum compressive cube strength of 1800 psi. D. Grout for Unit Masonry: Comply with ASTM C 476, with a minimum 28 -day compressive strength of 3000 psi. 1. Use grout of type indicated or, if not otherwise indicated, of type (fine or coarse) that will comply with Table 1.15.1 in ACI 530.1 /ASCE 6 /TMS 602 for dimensions of grout spaces and pour height. 2. Provide grout with a slump of 8 to 11 inches as measured according to ASTM C 143/C 143M. PART 3- EXECUTION 3.1 INSTALLATION, GENERAL A. Use full -size units without cutting if possible. If cutting is required, cut units with motor - driven saws; provide clean, sharp, unchipped edges. Allow units to dry before laying. Install cut units with cut surfaces and, where possible, cut edges concealed. B. Select and arrange units for exposed unit masonry to produce a uniform blend of textures. C. Comply with tolerances in ACI 530.1 /ASCE 6 /TMS 602 and with the following: 1. For conspicuous vertical lines, such as external corners, door jambs, reveals, and expansion and control joints, do not vary from plumb by more than 1/4 inch in 8 I eet. 2. For conspicuous horizontal lines, such as lintels, sills, parapets, and reveals, do not vary from level by more than 1/8 inch in 10 feet, 1/4 inch in 20 feet, or 1/2 inch maximum. 3.2 LAYING MASONRY WALLS A. Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint thicknesses and for accurate location of openings, returns, and offsets. Avoid using less - than- half -size units. particularly at corners, jambs, and, where possible, at other locations. B. Bond Pattern for Exposed Masonry: Match existing. C. Built -in Work: As construction progresses, build in items specified in this and other Sections. Fill in solidly with masonry around built -in items. D. Fill cores in hollow concrete masonry units with grout. 3.3 MORTAR BEDDING AND JOINTING A. Lay hollow concrete masonry units as follows: 1. With webs fully bedded in mortar in grouted masonry, including starting course. B. Tool exposed joints slightly concave when thumbprint hard, using a jointer larger than joint thickness, unless otherwise indicated. U ITTk,IAS^1`I.° ASSEMBUtES 04810 -3 Collier County Jail Renovations Bid Set— January 19, 2007 A/F. Project No. 60002634.0007 LI 100 3.4 MASONRY JOINT REINFORCEMENT A. General: Install in mortar with a minimum cover of 5/8 inch on exterior side of walls, 1/2 inch elsewhere. Lap reinforcement a minimum of 6 inches. B. Provide continuity at corners by using prefabricated L- shaped units. 3.5 ANCHORING MASONRY TO EXISTING MASONRY WALLS A. Anchor masonry to structural members where masonry abuts or faces structural members to comply with the following: 1. Anchor masonry to existing masonry walls with anchors embedded in masonry joints and attached to existing masonry walls. 2. Space anchors as indicated, but not more than 24 inches o.c. vertically. 3.6 REINFORCED UNIT MASONRY INSTALLATION A. Temporary Formwork and Shores: Construct formwork and shores as needed to support reinforced masonry elements during construction. 1. Construct formwork to provide shape, line, and dimensions of completed masonry as indicated. Make forms sufficiently tight to prevent leakage of mortar and grout. Brace, tie, and support forms to maintain position and shape during construction and curing of reinforced masonry. 2. Do not remove forms and shores until reinforced masonry members have hardened sufficiently to carry their own weight and other temporary loads that may be placed on them during construction. B. Placing Reinforcement: Comply with requirements in ACI 530.1 /ASCE 6/TMS 602. C. Grouting: Do not place grout until entire height of masonry to be grouted has attained enough strength to resist grout pressure. 1. Comply with requirements in ACI 530.1 /ASCE 6 /'I'MS 602 for cleanouts and for grout placement, including minimum grout space and maximum pour height. D. Provide inspection holes at bottom of all vertically - reinforced block cells. 3.7 FIELD QUALITY CONTROL A. Inspectors: Owner will engage qualified independent inspectors to perform inspections and prepare reports. Allow inspectors access to scaffolding and work areas, as needed to perform inspections. 1. Place grout only after inspectors have verified compliance of grout spaces and grades, sizes, and locations of reinforcement. B. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections indicated below and prepare test reports: 1. Payment for these services will be made by Owner. C. Testing Frequency: One set of tests for each 3000 sq. ft. of wall area or portion thereof. D. Concrete Masonry Unit Test: For each type of unit provided, per ASTM C 140. UNIT MASONRY ASSEMBLIES Collier County Jail Renovations Bid Set — January 19, 2007 A/F. Project No. 60002644.0007 V401V-4 nal ,.VO�v E. Mortar Test (Property Specification): For each mix provided, per ASTM C 780. Test mortar for mortar air content and compressive strength. F. Grout Test (Compressive Strength): For each mix provided, per ASTM C 1019. 3.8 CLEANING A. In- Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears before toolingjoints. B. Final Cleaning: After mortar is thoroughly set and cured, clean exposed masonry as follows: 1. Clean concrete masonry by cleaning method indicated in NCMA TEK 8 -2A applicable to type of stain on exposed surfaces. END OF SECTION 04810 UNIT MASONRY ASSEI1^IRUE'S Col l icr County Jail Renovations Bid Sct— January 19. 2007 A/ T, Project No. 60002644.0007 9 04810 -5 10D SECTION 07841 - THROUGH - PENETRATION FIRESTOP SYSTEMS PARTI - GENERAL 1.1 SUMMARY A. This Section includes through - penetration firestop systems for penetrations through fire - resistance -rated constructions, including both empty openings and openings containing penetrating items. 1.2 PERFORMANCE REQUIREMENTS A. General: For penetrations through fire - resistance -rated constructions, including both empty openings and openings containing penetrating items, provide through- penetration firestop systems that are produced and installed to resist spread of fire according to requirements indicated, resist passage of smoke and other gases, and maintain original fire - resistance rating of construction penetrated. B. Rated Systems: Provide through - penetration firestop systems with the following ratings determined per ASTM E 814 or UL 1479: 1. F -Rated Systems: Provide through - penetration firestop systems with F- ratings indicated, but not less than that equaling or exceeding fire- resistance rating of constructions penetrated. 2. T -Rated Systems: For the following conditions, provide through - penetration firestop systems with T- ratings indicated, as well as F- ratings, where systems protect penetrating items exposed to potential contact with adjacent materials in occupiable floor areas: a. Penetrations located outside wall cavities. b. Penetrations located outside fire- resistance -rated shaft enclosures. For through - penetration firestop systems exposed to view, traffic, moisture, and physical damage, provide products that, after curing, do not deteriorate when exposed to these conditions both during and after construction. I. For piping penetrations for plumbing and wet -pipe sprinkler systems, provide moisture- resistant through - penetration firestop systems. 2. For penetrations involving insulated piping, provide through - penetration firestop systems not requiring removal of insulation. D. For through - penetration firestop systems exposed to view, provide products with flame - spread and smoke - developed indexes of less than 25 and 450, respectively, as determined per ASTM E 84. nr 10..35VIVNK A. Product Data: For each type of product indicated. B. Shop Drawings: For each through - penetration firestop system, submit documentation, including illustrations, from a qualified testing and inspecting agency, showing each type of construction condition penetrated, relationships to adjoining construction, and type of penetrating item. THROUGH - PENETRATION FIRESTOP SYSTEMS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 tl7841 -1 11 Where Project conditions require modification to a qualified testing and inspecting agency's illustration for a particular through - penetration firestop condition, submit illustration, with modifications marked, approved by through - penetration firestop system manufacturer's fire- protection engineer as an engineering judgment or equivalent fire- resistance -rated assembly. C. Qualification Data: For Installer. 1.4 QUALITY ASSURANCE A. Installation Responsibility: Assign installation of through - penetration firestop systemsin Project to a single qualified installer. B. Fire - Test - Response Characteristics: Provide through - penetration firestop systems that comply with the following requirements and those specified in Part 1 "Performance Requirements" Article: 1. Firestopping tests are performed by a qualified testing and inspecting agency. A qualified testing and inspecting agency is UL, or another agency performing testing and follow -up inspection services for firestop systems acceptable to authorities having jurisdiction. 2. Through - penetration firestop systems are identical to those tested per testing standard referenced in "Part I Performance Requirements" Article. Provide rated systems bearing classification marking ofqualified testing and inspecting agency. C. Coordinate construction of openings and penetrating items to ensure that through - penetration trestop systems are installed according to specified requirements. D. Do not cover up through - penetration firestop system installations that will become concealed behind other construction until each installation has been examined by building inspector, if required by authorities having jurisdiction. PART 2- PRODUCTS 2.1 MANUFACTURERS 2.2 FIRESTOPPING A. Compatibility: Provide through - penetration firestop systems that are compatible with one another; with the substrates forming openings; and with the items, if any, penetrating through - penetration firestop systems. under conditions of service and application, as demonstrated by through - penetration firestop system manufacturer based on testing and field experience. B. Accessories: Provide components for each through - penetration firestop system that are needed to install fill materials and to comply with Part I "Performance Requirements" Article. Use only components specified by through - penetration firestop system manufacturer and approved by qualified testing and inspecting agency for firestop systems indicated. THROUGH- PENETP A T— I IRESTOP 3: STE S Collier Countv.lail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 [421:1104 109 ti PART 3 - EXECUTION 3.1 THROUGH - PENETRATION FIRESTOP SYSTEM INSTALLATION A. General: Install through - penetration firestop systems to comply with Part 1 "Performance Requirements" Article and with firestop system manufacturer's written installation instructions and published drawings for products and applications indicated. B. Install forming/damming /backing materials and other accessories of types required to support fill materials during their application and in the position needed to produce cross - sectional shapes and depths required to achieve fire ratings indicated. 1. After installing fill materials and allowing them to fully cure, remove combustible forming materials and other accessories not indicated as permanent components of firestop systems. C. Install fill materials for firestop systems by proven techniques to produce the following results: I. Fill voids and cavities formed by openings, forming materials, accessories, and penetrating items as required to achieve fire- resistance ratings indicated. 2. Apply materials so they contact and adhere to substrates formed by openings and penetrating items. 3. For till materials that will remain exposed after completing Work, finish to produce smooth, uniform surfaces that are flush with adjoining finishes. END OF SECTION 07841 THROUGH- PENETRATION PIRESTOP SYSTEMS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 07841 -3 9 10D ' SECTION 08311 - ACCESS DOORS AND FRAMES PARTI- GENERAL 1.1 SUMMARY A. This Section includes security access doors and frames for walls. B. See Division 4 Section "Unit Masonry Assemblies" for anchoring and grouting access door frames set in masonry construction. 1.2 SUBMITTALS A. Product Data: For each type of access door and frame indicated. Include construction details, fire ratings, materials, individual components and profiles, and finishes. B. Shop Drawings: Show fabrication and installation details of access doors and frames for each type of substrate. Include plans, elevations, sections, details, and attachments to other work. C. Access Door and Frame Schedule: Provide complete access door and frame schedule, including types, locations, sizes, latching or locking provisions, and other data pertinent to installation. 1.3 QUALITY ASSURANCE A. Source Limitations: Obtain each type of access door and frame through one source from a single manufacturer. B. Fire -Rated Access Doors and Frames: Units complying with NFPA 80 that are identical to access door and frame assemblies tested for fire- test - response characteristics per NFPA 252 or UL I OB for vertical access doors and frames and that are listed and labeled by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. C. Size Variations: Obtain Architect's acceptance of manufacturer's standard -size units, which may vary slightly from sizes indicated. 1.4 COORDINATION A. Verification: Determine specific locations and sizes for access doors needed to gain access to concealed plumbing, mechanical, or other concealed work, and indicate in the schedule specified in "Submittals" Article. PART2- PRODUCTS 2.1 STEEL MATERIALS A. Steel Plates, Shapes, and Bars: AS I'M A 36/A 36M. 1. ASTM A 123/A 123M, for galvanizing steel and iron products. 2. ASTM A 153 /A 153M, for galvanizing steel and iron hardware. ACCESS DOORS AND FRAMES Collier County Jail Renovations [aid Set — January 19, 2007 AVE Project No. 60002644.0007 L 083:: -1 100 B. Metallic- Coated Steel Sheet: ASTM A 653/A 653M, Commercial Steel (CS) with A60 zinc - iron -alloy (galvannealed) coating or G60 mill - phosphatized zinc coating. C. Steel Finishes: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. 1. Factory- Primed Finish: Apply shop primer immediately after cleaning and pretreating. 2.2 ACCESS DOORS AND FRAMES FOR WALLS A. Security, Flush Access Doors and Frames with Exposed Trim: Fabricated from metallic - coated steel sheet to match existing in appearance and security level. 1. Locations: Wall surfaces. 2. Lock: Match existing. B. Fire - Rated, Insulated, Security, Flush Access Doors and Frames with Exposed Trim: Fabricated from metallic- coated steel sheet to match existing in appearance and security level. 1. Locations: Wall surfaces. 2. Fire - Resistance Rating: Not less than that of adjacent construction. 3. Temperature Rise Rating: 250 deg F at the end of 30 minutes. 4. Lock: Match existing. 2.3 FABRICATION A. General: Provide access door and frame assemblies manufactured as integral units ready for installation. B. Metal Surfaces: For metal surfaces exposed to view in the completed Work, provide materials with smooth, flat surfaces without blemishes. Do not use materials with exposed pitting, seam marks, roller marks, rolled trade names, or roughness. C. Doors and Frames: Grind exposed welds smooth and flush with adjacent surfaces. Furnish attachment devices and fasteners of type required to secure access panels to types of supports indicated. 1. Exposed Flanges: As indicated. 2. Provide mounting holes in frame for attachment of masonry anchors. Furnish adjustable metal masonry anchors. D. Latching Mechanisms: Furnish number required to hold doors in flush, smooth plane when closed. 1. Furnish two keys per lock. Coordinate keying with Owner's representative prior to fabrication. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with manufacturer's written instructions for installing access doors and frames. B. Set frames accurately in position and attach securely to supports with plane of face panels aligned with adjacent finish surfaces. ACCESS DOORS ARID FRAMES 08311 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 10D C. Install doors flush with adjacent finish surfaces or recessed to receive finish material. 3.2 ADJUSTING AND CLEANING A. Adjust doors and hardware after installation for proper operation. B. Remove and replace doors and frames that are warped, bowed, or otherwise damaged. END OF SECTION 08311 ACCESS DOORS AND FRAMES Collier County ]ail Renovations Bid Sct - January 19, 2007 AT Project No. 60002644.0007 ME 08311 -3 10D i I SECTION 09671 - RESINOUS FLOORING PARTI - GENERAL I VJUVliU:a5 A. This Section includes resinous flooring systems. B. Related Sections include the following: 1. Division 7 Section "Joint Sealants" for sealants installed at joints in resinous flooring systems. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. Include manufacturer's technical data, application instructions, and recommendations for each resinous flooring component required. B. Samples for Initial Selection: For each type of exposed finish required. C. Installer Certificates: Signed by manufacturer certifying that installers comply with specified requirements. D. Material Certificates: For each resinous flooring component, signed by manufacturer. E. Maintenance Data: For resinous flooring to include in maintenance manuals. 1.3 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer (applicator) who is experienced in applying resinous flooring systems similar in material, design, and extent to those indicated for this Project, whose work has resulted in applications with a record of successful in- service performance, and who is acceptable to resinous flooring manufacturer. 1. Engage an installer who employs only persons trained and approved by resinous flooring manufacturer for applying resinous flooring systems indicated. B. Source Limitations: Obtain primary resinous flooring materials, including primers, resins, hardening agents, grouting coats, and topcoats, through one source from a single manufacturer. Provide secondary materials, including patching and fill material, joint sealant, and repair materials, of type and from source recommended by manufacturer of primary materials. C. Mockups: Apply mockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Apply full- thickness mockups on 48 -inch- square floor area selected by Architect. 2. Approved mockups may become part of the completed Work if undisturbed at time Of Substantial Completion. RESINOUS FLOORING 09671 -1 Collier County Jail Renovations Bid Set— January 19, 2007 A /F, Project No. 60002644.0007 11 1.4 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in original packages and containers, with seals unbroken, bearing manufacturer's labels indicating brand name and directions for storage and mixing with other components. B. Store materials to prevent deterioration from moisture, heat, cold, direct sunlight, or other detrimental effects. 1.5 PROJECT CONDITIONS A. Environmental Limitations: Comply with resinous flooring manufacturer's written instructions for substrate temperature, ambient temperature, moisture, ventilation, and other conditions affecting resinous flooring application. B. Close spaces to traffic during resinous flooring application and for not less than 24 hours after application, unless manufacturer recommends a longer period. PART 2- PRODUCTS 2.1 RESINOUS FLOORING Sihkal Resin Systems provides only decorati%c methcl mcihaaylate (MMA) systems. Torginol provides only decorath e sNsrems. A. System Characteristics: Match existin; resinous flooring wearing surface and thickness. 1. Color and Pattern: As selected by Architect from manufacturer's full range. B. System Components: Manufacturer's standard components that are compatible with each other and as follows: 1. Body Coat(s): a. Resin: Epoxy. b. Application Method: Self - leveling slurry. 1) Thickness of Coats: As required to match existing. 2) Number of Coats: One. Retain subparagraph below if primer is required. Some systems are self- priming. Some manufacturers offer optional primers. 2. Primer: Type recommended by manufacturer for substrate and body coat(s) indicated. Retain subparagraph below if a reinforcing membrane is required for crack control. Before retaining, verify availability for systems selected. Primer may be optional if reinforcing membrane is applied to entire substrate surface. 3. Reinforcing Membrane: Flexible resin formulation that is recommended by manufacturer for substrate and primer and body coat(s) indicated and that prevents substrate cracks from reflecting through resinous flooring. RESINOUS FLOORING 09671 - -2 Collier ComnyJail Renovations Bid Set— .lanuary 19, 2007 NE Project ho. 60002644.0007 O 10 0 , ` Delete subparagraph below if unnecessary. Delete subparagraph below if not required or revise to suit products selected. Fiberglass -scrim reinforcement may not be required in areas subject to moderate impact; consult manufacturers for recommendations. 4. Topcoat: Chemical- resistant sealing or finish coat(s). a. Resin: Epoxy. Delete first subparagraph below if unnecessary. b. Type: Clear. C. Finish: Gloss. d. Number of Coats: Two. Delete paragraph and subparagraphs below for proprietary or semiproprietary specification where product designations establish criteria for physical properties. If retaining and specific criteria are required for each component coat of the system, revise to suit Project. C. System Physical Properties: Provide resinous flooring system with the following minimum physical property requirements when tested according to test methods indicated: Subparagraphs below are examples only and are based on test methods required in ASTM C 722 and manufacturers' literature. Manufacturers' testing procedures differ: revise test methods indicated and insert additional requirements to suit Project. I. Compressive Strength: 10,000 psi per ASTM C 579. 2. Tensile Strength: 1,640 psi per ASTM C 307. 3. Flexural Modulus of Elasticity: 4,300 psi per ASTM C 580. 4. Water Absorption: 0.3 percent per ASTM C 413. 5. Indentation: No chipping, cracking, loss of adhesion, Indentation 0.024 in. Gardner Impact Tester, 160 in/lbs. No cracking or detachment. Identation 0.014 in. 6. Impact Resistance: No chipping, cracking, or delamination and not more than 1/16 - inch permanent indentation per MILD -3134. 7. Resistance to Elevated Temperature: No slip or flow of more than 1/16 inch per MIL -D -3134. 8. Abrasion Resistance: 0.04 gr maximum weight loss per ASTM D 4060. tf needed, insert, in first subparagraph below, requirements for extent of burning. 9. Flammability: Self- extinguishing per ASTM D 635. 10. Hardness: 80 -85, Shore D per ASTM D 2240. 11. Bond Strength: Greater than 400 psi, 100 percent concrete failure per ASTM D 4541. Delete paragraph and subparagraph below for proprietary or semiproprictaty specification where product designations establish criteria for chemical resistance. If retaining and criteria only apply to system's topcoat, revise to suit Project. D. System Chemical Resistance: Test specimens of cured resinous flooring system are unaffected when tested according to ASTM C 267 for immersion in the following reagents for not less than 7 days: RESINOUS ,.VL,OORING Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 09671 -3 11 I . Acetic Acid (10 percent). 2. Ammonium Chloride. 3. Carbon Monoxide. 4. Catsup. 5. Citric Acid (10 percent). 6. Copper Acetate. 7. Copper Chloride. 8. Cottonseed Oil. 9. Cresols. 10. Fatty Acids. 11. Formaldehyde (less than 37 percent). 12. Glycerine. 13. Hydrochloric Acid (less than 10 percent). 14. Hydrogen Peroxide (10 percent). 15. Hydrogen Sulfide. 16. Isopropyl Alcohol. 17. Ketchup. 18. Lard. 19. Linseed Oil. 20. Milk 21. Mineral Oil. 21 Mineral Spirits. 23. Pine Oil. 24. Potassium Carbonate. 25. Silicone. 26. Sodium Hydroxide (60 percent). 27. Sodium Bichromate. 28. Sodium Chloride (10 percent). 29. Sulphurous Acid (less than 10 percent). 30. Trisodium Phosphate. 31. Urea. 32. Vegetable Oil. 33. Vinegar. 2.2 ACCESSORY MATERIALS A. Patching and Fill Material: Resinous product of or approved by resinous flooring manufacturer and recommended by manufacturer for application indicated. B. Joint Sealant: '1 }ape recommended or produced by resinous flooring manufacturer for type of service andjoint condition indicated. 1. Use sealants that have a VOC content of 250 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). PART 3 - EXECUTION 3.1 PREPARATION A. General: Prepare and clean substrates according to resinous flooring manufacturer's written instructions for substrate indicated. Provide clean, dry, and neutral Ph substrate for resinous flooring application. P.ESLNOUS FLOORING Collier County Jail Renovations Bid Set - January 19, 2007 A/E Project No. 60002644.0007 9 09671 -4 B. Concrete Substrates: Provide sound concrete surfaces free of laitance, glaze, efflorescence, curing compounds, form - release agents, dust, dirt, grease, oil, and other contaminants incompatible with resinous flooring. 1. Roughen concrete substrates as follows: a. Shot -blast surfaces with an apparatus that abrades the concrete surface, contains the dispensed shot within the apparatus, and recirculates the shot by vacuum pickup. b. Comply with ASTM C 811 requirements, unless manufacturer's written instructions are more stringent. 2. Repair damaged and deteriorated concrete according to resinous flooring manufacturer's written recommendations. 3. Verify that concrete substrates are dry. a. Perform anhydrous calcium chloride test, ASTM F 1869. Proceed with application only after substrates have maximum moisture- vapor- emission rate of 3 lb of water/ 1000 sq. ft. of slab in 24 hours. b. Perform plastic sheet test, ASTM D 4263. Proceed with application only after testing indicates absence of moisture in substrates. C. Perform additional moisture tests recommended by manufacturer. Proceed with application only after substrates pass testing. 4. Verify that concrete substrates have neutral Ph and that resinous flooring will adhere to them. Perform tests recommended by manufacturer. Proceed with application only after substrates pass testing. C. Resinous Materials: Mix components and prepare materials according to resinous flooring manufacturer's written instructions. D. Use patching and fill material to fill holes and depressions in substrates according to manufacturer's written instructions. E. Treat control joints and other nonmoving substrate cracks to prevent cracks from reflecting through resinous flooring according to manufacturer's written recommendations. 3.2 APPLICATION A. General: Apply components of resinous flooring system according to manufacturer's written instructions to produce a uniform, monolithic wearing surface of thickness indicated. I. Coordinate application of components to provide optimum adhesion of resinous flooring system to substrate, and optimum intercoat adhesion. 2. Cure resinous flooring components according to manufacturer's written instructions. Prevent contamination during application and curing processes. 3. At substrate expansion and isolation joints, provide joint in resinous flooring to comply with resinous flooring manufacturer's written recommendations. a. Apply joint sealant to comply with manufacturer's written recommendations. B. Apply primer over prepared substrate at manufacturers recommended spreading rate. Applying reinforcing membrane only to substrate cracks may be adequate for areas subject to moderate impact: consult manufacturers for recommendations. Primer may not be required if reinforcing membrane covers entire substrate surface: verify requirements for resinous Hooting systems selected. RESINOUS FLOORING 09671 -5 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 103 C. Apply reinforcing membrane to substrate cracks. Delete paragraph below if no integral cove base. If retaining, insert requirements for installing metal or plastic cove caps if required. D. Apply self - leveling slurry body coat(s) in thickness indicated for flooring system. Delete first paragraph below if no troweled or screeded systems. if retaining, indicate thickness in Part 2 or insert below. E. Apply troweled or screeded body coat(s) in thickness indicated for flooring system. Hand or power trowel and grout to fill voids. When cured, sand to remove trowel marks and roughness. F. Apply grout coat, of type recommended by resinous flooring manufacturer to fill voids in surface of final body coat and to produce wearing surface indicated. G. Apply topcoat(s) in number of coats indicated for flooring system and at spreading rates recommended in writing by manufacturer. 3.3 CLEANING AND PRO'TECTIN'G A. Protect resinous flooring from damage and wear during the remainder of construction period. Use protective methods and materials, including temporary covering, recommended in writing by resinous flooring manufacturer. END OF SECTION 09671 RFSMOUS FLOORJNe Collier County Jail Renovations Bid set-- .lunuar}' 19, 2007 A/H Project No. 60002644.0007 09672 -6 NO SECTION 15050 - BASIC MECHANICAL MATERIALS AND METHODS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, Standard Plumbing and Mechanical Codes, NEC, NFPA, AMSE, State Board of Health Sanitary Code, OSHA, ASHRAE, AMCA, SMACNA, UL, Florida Energy Code and Collier County Government Vertical Construction Standards apply to this section. 1.2 SUMMARY A. Th 1. 2. 3. 4. 5. 6. 7. x. 9. 10, 11. 12. s Section includes the following: Shop drawings and coordination drawings. Piping materials and installation instructions common to most piping systems Transition fittings. Dielectric fittings. Mechanical sleeve seals. Sleeves. Escutcheons. Grout. Equipment installation requirements common to equipment sections. Painting and finishing. Concrete bases. Supports and anchorages. 1.3 DEFINITIONS A. Finished Spaces: Spaces other than mechanical and electrical equipment rooms, furred spaces, pipe and duct shafts, unheated spaces immediately below roof, spaces above ceilings, unexcavated spaces, crawlspaces, and tunnels. B. Exposed, Interior Installations: Exposed to view indoors. Examples include finished occupied spaces and mechanical equipment rooms. C. Exposed, Exterior Installations: Exposed to view outdoors or subject to outdoor ambient temperatures and weather conditions. Examples include rooftop locations. D. Concealed, Interior Installations: Concealed from view and protected from physical contact by building occupants. Examples include above ceilings and in duct shafts. E. Concealed, Exterior Installations: Concealed from view and protected from weather conditions and physical contact by building occupants but subject to outdoor ambient temperatures. Examples include installations within unheated shelters. F. The following are industry abbreviations for plastic materials: I. ABS: Acrylonitrile- butadiene - styrene plastic. 2. PE: Polyethylene plastic. BASIC WCHANTICAL ;MATERIALS AND METHODS 15050 -1 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 9 10 D I 3. PVC: Polyvinyl chloride plastic. G. The following are industry abbreviations for rubber materials: 1. EPDM: Ethylene - propylene -diene tetpolymer rubber. 2. NBR: Acrylonitrile- butadiene rubber. 1.4 SUBMITTALS A. Product Data: For the following: 1. Transition fittings. 2. Dielectric fittings. 3. Mechanical sleeve seals. 4. Escutcheons. B. Welding certificates. C. Resubmittals (applies to all sections of Division 15): It is accepted and agreed that there may be occasional minor errors or omissions in any initial submittal. The Contractor shall correct these if so instructed and submit the revised submittal for re- review. Any required third or subsequent reviews of the same re- revised submittal or substitutions shall be at the cost of the Contractor. The Owner's reasonable costs for any third or subsequent additional reviews, including consultant's fees and direct expenses may be deducted by the Owner directly from the monies due to the Contractor under this Contract by the way of a contract change. D. Shop Drawings: Detail fabrication and installation for metal and wood supports and anchorage for mechanical materials and equipment. Do not fabricate or ship any equipment until submittals have been reviewed and approved by the Architect- Engineer. E. MechanicaUStructural Coordination Drawings: Within thirty days of contract award the mechanical contractor shall submit 1/4" = 1' -0" coordination drawings for the express purpose of coordinating all mechanical penetrations, and locations of major mechanical equipment with the Structural Contractor. These coordination drawings shall be issued before the more comprehensive shop drawings are completed. These drawings shall include floor plans, elevations, and details to indicate: F. The location and sizes of sleeves for piping, and openings for ductwork and fire dampers passing through concrete slabs and structure and through steel structure including: 1. Exterior Walls and slab penetrations 2. Fire -rated wall and floor penetrations 3. Interior partition walls 4. Roof penetrations 5. Sizes and locations of required concrete pads and bases. G. Coordination Drawings: For access panel and door locations. H. Coordination Drawings: The mechanical drawings are diagrammatic and shall be followed as closely as possible. Not all offsets, rise/drops are shown on mechanical drawings as required by the coordination and final shop drawings. The contractor shall develop detailed coordination drawings showing clearances with building structure, ceilings height and overall coordination with all other trades. Drawing shall detail major elements, components, and systems of mechanical equipment and materials in relationship with other systems, installations, and BASIC I IECIIANICAL MATERIALS AND 1WETI ODS Collier County .tail Renovations Rid Set— January 19. 2007 A/E Project No. 60002644.0007 15050 -2 building components. Show space requirements for installation and access. Indicate if sequence and coordination of installations are important to efficient flow of the Work. Whenever there is a conflict, the contractor shall show the proposed solution on the coordination drawings. Ductwork piping offsets, rise /drops, re- routing and re- dimensioning shall be shown on the coordination drawings for review and approval by the Engineer. Any changes in the field resulting from not preparing fully coordinated drawings shall be corrected at no extra cost to the Owner. Contractor shall perform and include the following as required: Contractor shall make sure that no electrical conduits are installed prior to the ducts being hung, where the conduits may interfere with the required duct clearances in the ceiling spaces. Gravity type plumbing piping takes precedence over other trades. Plumbing pressure piping may be offset to clear ductwork as required. Ductwork may be run in joist spaces where needed, provided that smooth transition are made at all turns. J. Planned piping layout, including valve and specialty locations and valve -stem movement. K. Clearances for installing and maintaining insulation. Clearances for servicing and maintaining equipment, accessories, and specialties, including space for disassembly required for periodic maintenance. M. Equipment and accessory service connections and support details. N. Exterior wall and foundation penetrations. O. Fire -rated wall and floor penetrations. Sizes and location of required concrete pads and bases. Q. Scheduling, sequencing, movement, and positioning of large equipment into building during construction. R. Floor plans, elevations, and details to indicate penetrations in floors, walls, and ceilings and their relationship to other penetrations and installations. S. Reflected ceiling plans to coordinate and integrate installation of air outlets and inlets, light fixtures, communication system components, sprinklers, and other ceiling- mounted items. 1.5 QUALITY ASSURANCE A. Steel Support Welding: Qualify processes and operators according to AWS DIA, "Structural Welding Code -- Steel." B. Steel Pipe Welding: Qualify processes and operators according to ASME Boiler and Pressure Vessel Code: Section IX, "Welding and Brazing Qualifications." 1. Comply with provisions in ASME B31 Series, "Code for Pressure Piping." 2. Certify that each welder has passed AWS qualification tests for welding processes involved and that certification is current. C. Electrical Characteristics for Mechanical Equipment: Equipment of higher electrical characteristics may be furnished provided such proposed equipment is approved in writing and BASIC MECHANICAL A ATERIALS .",ND :1IETHODS 15050 -3 Collier County Jail Renovations Bid Set — January 19, 2007 ME Project No. 60002644.0007 (y� M connecting electrical services, circuit breakers, and conduit sizes are appropriately modified at no extra cost to the Owner. If minimum energy ratings or efficiencies are specified, equipment shall comply with requirements. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver pipes and tubes with factory- applied end caps. Maintain end caps through shipping, storage, and handling to prevent pipe end damage and to prevent entrance of dirt, debris, and moisture. B. Store plastic pipes protected from direct sunlight. Support to prevent sagging and bending. 1.7 COORDINATION A. Coordinate mechanical equipment installation with other building components. B. Arrange for pipe spaces, chases, slots, and openings in building structure during progress of construction to allow for mechanical installations. C. Coordinate installation of required supporting devices and set sleeves in poured -in -place concrete and other structural components, as they are constructed. D. Sequence, coordinate, and integrate installations of mechanical materials and equipment for efficient flow of the Work. Coordinate installation of large equipment requiring positioning before closing in building. E. Coordinate connection of mechanical systems with exterior underground and overhead utilities and services. Comply with requirements of governing regulations, franchised service companies, and controlling agencies. F. Coordinate requirements for access panels and doors if mechanical items requiring access are concealed behind finished surfaces. Access panels and doors are specified in Division 8 Section "Access Doors." G. The Mechanical Drawings are diagrammatic and shall be followed as closely as actual construction of the building and the work of other trade contractors will permit. All changes from drawings necessary to make the work of each Contractor conform to the building construction and the work of other trade contractors shall be done at the appropriate Trade Contractors expense. H. Mechanical or electrical work installed before coordinating with other trades or installed so as to cause interference with work of other trades, or cause unacceptable headroom clearance problems shall be corrected without extra change. Coordinate installation of identifying devices after completing covering and painting, if devices are applied to surfaces. Install identifying devices before installing acoustical ceilings and similar concealment. BASIC IMECHANICAL N tATEEPJ 41 S AND METHODS Collier County.lail Renovations Bid Set — lanuary 19.2007 NE Project No. 00002644.0007 lI irJiiG✓r� -a 10D f PART2- PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 PIPE, TUBE, AND FITTINGS A. Refer to individual Division 15 piping Sections for pipe, tube, and fitting materials and joining methods. B. Pipe Threads: ASME B1.20.1 for factory- threaded pipe and pipe fittings. 2.3 JOINING MATERIALS A. Refer to individual Division 15 piping Sections for special joining materials not listed below. B. Pipe - Flange Gasket Materials: Suitable for chemical and thermal conditions of piping system contents. I. ASMEB1621, nonmetallic, flat, asbestos -free, 1/8 -inch maximum thickness unless thickness or specific material is indicated. a. Full -Face Type: For flat -face, Class 125, cast -iron and cast - bronze flanges. b. Narrow -Face Type: For raised -face, Class 250, cast -iron and steel flanges. 2. AWWA C110, rubber, flat face, 1/8 inch thick, unless otherwise indicated; and full -face or ring type, unless otherwise indicated. C. Flange Bolts and Nuts: ASME B18.2.1, carbon steel, unless otherwise indicated. D. Plastic, Pipe - Flange Gasket, Bolts, and Nuts: Type and material recommended by piping system manufacturer, unless otherwise indicated. E. Solder Filler Metals: ASTM B 32, lead -free alloys. Include water- flushable flux according to ASTM B 813. F. Brazing Filler Metals: AWS A5.8, BCuP Series, copper - phosphorus alloys for general -duty brazing, unless otherwise indicated; and AWS A5.8, BAgl, silver alloy for refrigerant piping, unless otherwise indicated. G. Welding Filler Metals: Comply with AWS D10.12 for welding materials appropriate for wall thickness and chemical analysis of steel pipe being welded. H. Solvent Cements for Joining Plastic Piping: 1. ABS Piping: ASTM D 2235. 2. PVC Piping: ASTM D 2564. Include primer according to ASTM F 656. 3. PVC to ABS Piping Transition: ASTM D 3138. I. Fiberglass Pipe Adhesive: As furnished or recommended by pipe manufacturer. BASIC MECHANICAL MATERIALS AND ]METHODS 15050 -5 Collier County Jail Renovations Bid Set — January 19, 2007 A/F Project No. 60002644.0007 MEN WE /` 2.4 TRANSITION FITTINGS A. AWWA Transition Couplings: Same size as, and with pressure rating at least equal to and with ends compatible with, piping to be joined. 1. Manufacturers: a. Cascade Waterworks Mfg. Co. b. Dresser Industries, Inc.; DMD Div. C. Ford Meter Box Company, Incorporated (The); Pipe Products Div. d. JCM Industries. e. Smith - Blair, Inc. f Viking Johnson. 2. Underground Piping NPS 1 -1/2 and Smaller: Manufactured fitting or coupling. 3. Underground Piping NPS 2 and Larger: A W WA C219, metal sleeve -type coupling. 4. Aboveground Pressure Piping: Pipe fitting. B. Plastic -to -Metal Transition Fittings: PVC one -piece fitting with manufacturer's Schedule 80 equivalent dimensions; one end with threaded brass insert, and one solvent-cement-joint end. 1. Manufacturers: a. Eslon Thermoplastics. C. Plastic -to -Metal Transition Adaptors: One -piece fitting with manufacturer's SDR 1 1 equivalent dimensions: one end with threaded brass insert, and one solvent- cement -joint end. 1. Manufacturers: a. Thompson Plastics, Inc. D. Plastic- to- Meta I Transition Unions: MSS SP -107, CPVC and PVC four -part union. Include brass end, solvent- cement -joint end, rubber O -ring, and union nut. 1. Manufacturers: a. NIBCO INC. b. NIBCO, Inc.: Chemtrol Div. E. Flexible Transition Couplings for Underground Nonpressure Drainage Piping: ASTM C 1173 with elastotueric sleeve, ends same size as piping to be joined, and corrosion - resistant metal band on each end. 1. Manufacturers: a. Cascade Waterworks Mfg. Co. b. Fernco.Inc. C. Mission Rubber Company. d. Plastic Oddities, Inc. 2.5 DIELECTRIC FITTINGS A. Description: Combination fitting of copper alloy and ferrous materials with threaded, solder - joint, plain, or weld -neck end connections that match piping system materials. B. Insulating Material: Suitable for system fluid, pressure, and temperature. C. Dielectric Unions: Factory - fabricated, union assembly, for 250 -prig minimum working pressure at 180 deg F. I. Manufacturers: a. Capitol Manufacturing Co. BASIC MECHANICAL MATERIALS AND METHODS Collier County Jail Renovations Bid Set— .lanuan 19, 2007 A/E Project No. 60002544.0007 I 1.5050 -£ b. Central Plastics Company. C. Eclipse, Inc. d. Epco Sales, Inc. e. Hart Industries, International, Inc. f. Watts Industries, Inc.; Water Products Div. g. Zurn Industries, Inc.; Wilkins Div. D. Dielectric Flanges: Factory- fabricated, companion -flange working pressure as required to suit system pressures. I. Manufacturers: a. Capitol Manufacturing Co. b. Central Plastics Company. C. Epco Sales, Inc. d. Watts Industries, Inc.; Water Products Div. 100 assembly, for 150 -psig minimum E. Dielectric-Flange Kits: Companion -flange assembly for field assembly. Include flanges, full - face- or ring -type neoprene or phenolic gasket, phenolic or polyethylene bolt sleeves, phenolic washers, and steel backing washers. I. Manufacturers: a. Advance Products & Systems, Inc. b. Calpico, Inc. C. Central Plastics Company. d. Pipeline Seal and Insulator, Inc. 2. Separate companion flanges and steel bolts and nuts shall have 150 -prig minimum working pressure where required to suit system pressures. F. Dielectric Couplings: Galvanized -steel coupling with inert and noncorrosive, thermoplastic lining; threaded ends; and 300 -psig minimum working pressure at 225 deg F. I. Manufacturers: a. Calpico, Inc. b. Lochinvar Coq. G. Dielectric Nipples: Electroplated steel nipple with inert and noncorrosive, thermoplastic lining; plain, threaded, or grooved ends; and 300 -psig minimum working pressure at 225 deg F. 1. Manufacturers: a. Perfection Corp. b. Precision Plumbing Products, Inc. C. Sioux Chief Manufacturing Co., Inc. d. Victaulic Co. of America. 2.6 MECHANICAL SLEEVE SEALS A. Description: Modular sealing element unit, between pipe and sleeve. I. Manufacturers: designed for field assembly, to fill annular space a. Advance Products & Systems, Inc. b. Calpico, Inc. C. Metraflex Co. d. Pipeline Seal and Insulator, Inc. BASIC MECHANICAL IlfATERIALS AND METHODS Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 15050 -7 04,.4 2. Sealing Elements: EPDM interlocking links shaped to fit surface of pipe. Include type and number required for pipe material and size of pipe. 3. Pressure Plates: Carbon steel. Include two for each sealing element. 4. Connecting Bolts and Nuts: Stainless steel of length required to secure pressure plates to sealing elements. Include one for each sealing element. 2.7 SLEEVES A. Galvanized -Steel Sheet: 0.0239 -inch minimum thickness; round tube closed with welded longitudinal joint. B. Steel Pipe: ASTM A 53, Type E, Grade B, Schedule 40, galvanized, plain ends. C. Cast Iron: Cast or fabricated "wall pipe" equivalent to ductile -iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated. D. Stack Sleeve Fittings: Manufactured, cast -iron sleeve with integral clamping flange. Include clamping ring and bolts and nuts for membrane flashing. 1. Underdeck Clamp: Clamping ring with set screws. E. Molded PE: Reusable, PE. tapered -cup shaped, and smooth -outer surface with nailing flange for attaching to wooden forms. 2.8 ESCUTCHEONS A. Description: Manufactured wall and ceiling escutcheons and floor plates, with an ID to closely fit around pipe, tube, and insulation of insulated piping and an OD that completely covers opening. B. One - Piece, Deep- Pattern T}'pe: Deep - drawn, box- shaped brass with polished chrome- plated finish. C. One- Piece, Cast -Brass Type: With set screw. 1. Finish: Polished chrome - plated D. Split- Castin,, Cast -Brass Type: With concealed hinge and set screw. I. Finish: Polished chrome- plated. E. One- Piece, Stamped -Steel Type: With set screw or spring clips and chrome- plated finish. F. Split- Plate, Stamped -Steel "Type: With concealed hinge, spring clips, and chrome - plated finish. G. One - Piece, Floor -Plate Type: Cast -iron floor plate. H. Split- Casting, Floor -Plate Type: Cast brass with concealed hinge and set screw. 2.9 GROUT A. Description: ASTM C 1107, Grade B. nonshrink and nonmetallic, dry hydraulic- cement grout. 1. Characteristics: Post - hardening. volume - adjusting, nonstaining, noncorrosive, nongaseous, and recommended for interior and exterior applications. BASIC AT CHANICAL A' TERIALS AND IVLETHODS Collier County Jail Renovations Bid Set — January 19. 2007 A/E Project No. 60002644.0007 l 15050 -8 100 2. Design Mix: 5000 -psi, 28 -day compressive strength. 3. Packaging: Premixed and factory packaged. PART 3 - EXECUTION 3.1 PIPING SYSTEMS - COMMON REQUIREMENTS A. Install piping according to the following requirements and Division 15 Sections specifying piping systems. B. Drawing plans, schematics, and diagrams indicate general location and arrangement of piping systems. Indicated locations and arrangements were used to size pipe and calculate friction loss, expansion, pump sizing, and other design considerations. Install piping as indicated unless deviations to layout are approved on Coordination Drawings. C. Install piping in concealed locations, unless otherwise indicated and except in equipment rooms and service areas. D. Install piping indicated to be exposed and piping in equipment rooms and service areas at right angles or parallel to building walls. Diagonal runs are prohibited unless specifically indicated otherwise. E. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal. Install piping to permit valve servicing. G. Install piping at indicated slopes. H. Install piping free of sags and bends. I. Install fittings for changes in direction and branch connections. J. Install piping to allow application of insulation. K. Select system components with pressure rating equal to or greater than system operating pressure. L. Install escutcheons for penetrations of walls, ceilings, and floors according to the following: I. New Piping: a. Piping with Fitting or Sleeve Protruding from Wall: One- piece, deep - pattern type. b. Chrome - Plated Piping: One - piece, cast -brass type with polished chrome- plated finish. C. Insulated Piping: One - piece, stamped -steel type with spring clips. d. Bare Piping at Wall and Floor Penetrations in Finished Spaces: One- piece, cast - brass type with polished chrome - plated finish. e. Bare Piping at Ceiling Penetrations in Finished Spaces: One - piece, cast -brass type with polished chrome - plated finish. f. Bare Piping in Unfinished Service Spaces: One - piece, cast -brass type with rough - brass finish. g. Bare Piping in Equipment Rooms: One - piece, cast -brass type. BASIC MECHANICAL MATERIALS AND METHODS Collier County Jail Renovations Bid Set— January 19, 2007 A/E Project No. 60002644.0007 15050 -9 101 10 h. Bare Piping at Floor Penetrations in Equipment Rooms: One - piece, floor -plate type. M. Install sleeves for pipes passing through concrete and masonry walls and concrete floor and roof slabs. 1. Cut sleeves to length for mounting flush with both surfaces. a. Exception: Extend sleeves installed in floors of mechanical equipment areas or other wet areas 2 inches above finished floor level. Extend cast -iron sleeve fittings below floor slab as required to secure clamping ring if ring is specified. 2. Install sleeves in new walls and slabs as new walls and slabs are constructed. 3. Install sleeves that are large enough to provide 1/4 -inch annular clear space between sleeve and pipe or pipe insulation. Use the following sleeve materials: a. Steel Pipe Sleeves: For all pipes smaller than NPS 6. b. Stack Sleeve Fittings: For pipes penetrating floors with membrane waterproofing. Secure flashing between clamping flanges. Install section of cast -iron soil pipe to extend sleeve to 2 inches above Finished floor level. I) Seal space outside of sleeve fittings with grout. 4. Except for underground wall penetrations. seal annular space between sleeve and pipe or pipe insulation, usingjoint sealants appropriate for size, depth, and location ofjoint. Aboveground, Exterior -Wall Pipe Penetrations: Seal penetrations using sleeves and mechanical sleeve seals. Select sleeve size to allow for 1 -inch annular clear space between pipe and sleeve for installing mechanical sleeve seals. 1. Install steel pipe for sleeves smaller than 6 inches in diameter. 2. Install cast - iron "wall pipes" for sleeves 6 inches and larger in diameter. 3. Mechanical Sleeve Seal Installation: Select type and number of sealing elements required for pipe material and size. Position pipe in center of sleeve. Assemble mechanical sleeve seals and install in annular space between pipe and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal. O. Underground, Exterior -Wall Pipe Penetrations: Install cast -iron "wall pipes" for sleeves. Seat pipe penetrations using mechanical sleeve seals. Select sleeve size to allow for I -inch annular clear space between pipe and sleeve for installing mechanical sleeve seals. I. Mechanical Sleeve Seal Installation: Select type and number of sealing elements required for pipe material and size. Position pipe in center of sleeve. Assemble mechanical sleeve seals and install in annular space between pipe and sleeve. Tighten bolts against pressure plates that cause scaling elements to expand and make watertight seal. Fire- Barrier Penetrations: Maintain indicated fire rating of walls. partitions, ceilings, and floors at pipe penetrations. Seal pipe penetrations with firestop materials. Refer to Division 7 Section "Through- Penetration Firestop Systems" for materials. Q. Verify final equipment locations for roughing -in. R. Refer to equipment specifications in other Sections of these Specifications for roughing -in requirements. BASIC MECHANICAL MATERIALS AND AMT HODS 1.5030 -:0 Collier County Jail Renovations [aid Set -Jimmy 19, 2007 ,VF Project No. 60002644.0007 3.2 PIPING JOINT CONSTRUCTION A. Join pipe and fittings according to the following requirements and Division 15 Sections specifying piping systems. B. Reath ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe. C. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before assembly. D. Soldered Joints: Apply ASTM B 813, water - flushable flux, unless otherwise indicated, to tube end. Construct joints according to ASTM B 828 or CDA's "Copper Tube Handbook," using lead -free solder alloy complying with ASTM B 32. E. Brazed Joints: Construct joints according to AWS's "Brazing Handbook," "Pipe and Tube" Chapter, using copper - phosphorus brazing filler metal complying with A WS A5.8. F. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows: 1. Apply appropriate tape or thread compound to external pipe threads unless dry seal threading is specified. 2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds. r G. Welded Joints: Construct joints according to AWSD10.12, using qualified processes and welding operators according to Part I "Quality Assurance" Article. H. Flanged Joints: Select appropriate gasket material, size, type, and thickness for service application. Install gasket concentrically positioned. Use suitable lubricants on bolt threads. 1. Plastic Piping Solvent- Cement Joints: Clean and dry joining surfaces. Join pipe and fittings according to the following: I. Comply with ASTM F 402 for safe - handling practice of cleaners, primers, and solvent cements. 2. ABS Piping: Join according to ASTM D 2235 and ASTM D 2661 Appendixes. 3. PVC Pressure Piping: Join schedule number ASTM D 1785, PVC pipe and PVC socket fittings according to ASTM D 2672. Join other - than - schedule - number PVC pipe and socket fittings according to ASTM D 2855. 4. PVC Nonpressure Piping: Join according to ASTM D 2855. 5. PVC to ABS Nonpressure "Transition Fittings: Join according to ASTM D 3138 Appendix. J. Plastic Pressure Piping Gasketed Joints: Join according to ASTM D 3139. K. Plastic Nonpressure Piping Gasketed Joints: Join according to ASTM D 3212. L. PE Piping Heat - Fusion Joints: Clean and dry joining surfaces by wiping with clean cloth or paper towels. Join according to ASTM D 2657. 1. Plain -End Pipe and Fittings: Use butt fusion. 2. Plain -End Pipe and Socket Fittings: Use socket fusion. BASIC MECHANICAL MATERIALS AND METHODS 15050 -11 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 11 100 M. Fiberglass Bonded Joints: Prepare pipe ends and fittings, apply adhesive, and join according to pipe manufacturer's written instructions. 3.3 PIPING CONNECTIONS A. Make connections according to the following, unless otherwise indicated: 1. Install unions, in piping NPS 2 and smaller, adjacent to each valve and at final connection to each piece of equipment. 2. Install flanges, in piping NPS 2 -1/2 and larger, adjacent to flanged valves and at final connection to each piece of equipment. 3. Dry Piping Systems: Install dielectric unions and flanges to connect piping materials of dissimilar metals. 4. Wet Piping Systems: Install dielectric coupling and supple fittings to connect piping materials of dissimilar metals. 3.4 EQUIPMENT INSTALLATION - COMMON REQUIREMENTS A. Install equipment to allow maximum possible headroom unless specific mounting heights are not indicated. B. Install equipment level and plumb, parallel and perpendicular to other building systems and components in exposed interior spaces, unless otherwise indicated. C. Install mechanical equipment to facilitate service, maintenance, and repair or replacement of components. Connect equipment for ease of disconnecting, with minimum interference to other installations. Extend grease fittings to accessible locations. D. Install equipment to allow right of way for piping installed at required slope. 3.5 PAINTING A. Painting of mechanical systems, equipment, and components is specified in Division 9 Section Painting (Professional Line Products)." B. Damage and Touchup: Repair marred and damaged factory - painted finishes with materials and procedures to match original factory finish. 3.6 CONCRETE BASES A. Concrete Bases: Anchor equipment to concrete base according to equipment manufacturer's written instructions. I. Construct concrete bases of dimensions indicated, but not less than 4 inches larger in both directions than supported unit. 2. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated, install dowel rods on 18 -inch centers around the full perimeter of the base. 3. Install epoxy - coated anchor bolts for supported equipment that extend through concrete base, and anchor into structural concrete floor. 4. Place and secure anchorage devices. Use supported equipment manufacturer's setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 5. Install anchor bolts to elevations required for proper attachment to supported equipment. BASIC 1VIECHANICAE X4ATEP.TT "AI S AND METHODS 25050 -I2 Collier County Jail Renovations Bid Set— January 19. 2007 ,VE Project No. 60002644.0007 140 10D 6. Install anchor bolts according to anchor -bolt manufacturer's written instructions. 7. Use 3000 -psi, 28 -day compressive - strength concrete and reinforcement as specified in Division 3 Section "Cast -in -Place Concrete." 3.7 ERECTION OF METAL SUPPORTS AND ANCHORAGES A. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to support and anchor mechanical materials and equipment. B. Field Welding: Comply with AWS DI.1. 3.8 ERECTION OF WOOD SUPPORTS AND ANCHORAGES A. Cut, fit, and place wood grounds, Bailers, blocking, and anchorages to support, and anchor mechanical materials and equipment. B. Select fastener sizes that will not penetrate members if opposite side will be exposed to view or will receive finish materials. Tighten connections between members. Install fasteners without splitting wood members. C. Attach to substrates as required to support applied loads. 3.9 GROUTING A. Mix and install grout for mechanical equipment base bearing surfaces, pump and other - equipment base plates, and anchors. B. Clean surfaces that will come into contact with grout. C. Provide forms as required for placement of grout. D. Avoid air entrapment during placement of grout. E. Place grout, completely filling equipment bases. F. Place grout on concrete bases and provide smooth bearing surface for equipment. G. Place grout around anchors. H. Cure placed grout. END OF SECTION 15050 BASIC MECPA LAICAL MATERIALS AND 1lIETHODS 15050 -13 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 n` 100 r j SECTION 15060 - HANGERS AND SUPPORTS PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 PERFORMANCE REQUIREMENTS A. Design channel support systems for piping to support multiple pipes capable of supporting combined weight of supported systems, system contents, and test water. B. Design heavy -duty steel trapezes for piping to support multiple pipes capable of supporting combined weight of supported systems, system contents, and test water. 1.3 SUBMITTALS A. Product Data: For each type of pipe hanger, channel support system component, and thermal - hanger shield insert indicated. B. Shop Drawings: Multiple piping supports and trapeze hangers. Include design calculations and indicate size and characteristics of components and fabrication details. C. Welding Certificates: Copies of certificates for welding procedures and operators. 1.4 QUALITY ASSURANCE A. Welding: Qualify processes and operators according to ASME Boiler and Pressure Vessel Code: Section IX. "Welding and Brazing Qualifications." PART 2- PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: I. Pipe Hangers: a. B -Line Systems, Inc. b. Carpenter & Patterson, Inc. C. Grinnell Corp. d. Michigan Hanger Co., Inc. e. National Pipe Hanger Corp. 2. Channel Support Systems: a. Grinnell Corp.; Power -Strut Unit. b. Michigan Hanger Co., Inc.; O -Strut Div. C. National Pipe Banger Corp. d. Unistrut Corp. 3. Thermal- I- langer Shield Inserts: a. Carpenter & Patterson, Inc. HANGERS AND SUPPORT Collier County Jail Renovations Bid Set - January 19, 2007 A/E hoject No. 60002644.0007 15060 -1 IQD b. Michigan Hanger Co., Inc. C. Pipe Shields, Inc. 4. Powder - Actuated Fastener Systems: a. Gunnebo Fastening Corp. b. Hilti, Inc. C. ITW Ramset/Red Head. d. Masterset Fastening Systems, Inc. kammomm •I:\�►Oomej 1u t7 a oxmia i Y & A. Pipe Hangers, Supports, and Components: MSS SP -58, factory- fabricated components. Refer to "Hanger and Support Applications" Article in Part 3 for where to use specific hanger and support types. 1. Galvanized, Metallic Coatings: For piping and equipment that will not have field- applied finish. 2. Nonmetallic Coatings: On attachments for electrolytic protection where attachments are in direct contact with copper tubing. B. Channel Support Systems: MFMA -2, factory- fabricated components for field assembly. 1. Coatings: Manufacturer's standard finish, unless bare metal surfaces are indicated. 2. Nonmetallic Coatings: On attachments for electrolytic protection where attachments are in direct contact with copper tubing. C. Thermal- Hanger Shield Inserts: 100 -psi minimum compressive - strength insulation, encased in sheet metal shield. I. Material for Cold Piping: ASTM C 552, Type I cellular glass or water - repellent- treated, ASTM C 533, Type I calcium silicate with vapor barrier. 2. For Trapeze or Clamped System: Insert and shield cover entire circumference of pipe. 3. For Clevis or Band Hanger: Insert and shield cover lower 180 degrees of pipe. 4. Insert Length: Extend 2 inches beyond sheet metal shield for piping operating below ambient air temperature. 2.3 MISCELLANEOUS MATERIALS A. Powder - Actuated Drive -Pin Fasteners: Powder- actuated -type, drive -pin attachments with pull- out and shear capacities appropriate for supported loads and building materials where used. B. Mechanical - Anchor Fasteners: Insert-type attachments with putt -out and shear capacities appropriate for supported loads and building materials where used. C. Structural Steel: ASTM A 36/A 36M, steel plates, shapes, and bars, black and galvanized. D. Grout: ASTM C 1107, Grade B, factory -mixed and - packaged, nonshrink and nonmetallic, dry, hydraulic - cement grout. 1. Characteristics: Post hardening and volume adjusting; recommended for both interior and exterior applications. 2. Properties: Nonstaining, noncorrosive, and nongaseous. 3. Design Mix: 5000 -psi, 28 -day compressive strength. HANGERS AND SUPPORT 15060 -2 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 N !! PART 3 - EXECUTION 3.1 HANGER AND SUPPORT APPLICATIONS A. Specific hanger requirements are specified in Sections specifying equipment and systems. B. Comply with MSS SP -69 for pipe hanger selections and applications that are not specified in piping system Specification Sections. C. Horizontal- Piping Hangers and Supports: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Adjustable Steel Clevis Hangers (MSS Type 1): For suspension of noninsulated or insulated stationary pipes- NPS 1/2 to NPS 30. 2. Carbon- or Alloy - Steel, Double -Bolt Pipe Clamps (MSS Type 3): For suspension of pipes, NPS 3/4 to NPS 24, requiring clamp flexibility and up to 4 inches of insulation. 3. Steel Pipe Clamps (MSS Type 4): For suspension of cold and hot pipes, NPS 1/2 to NPS 24, if little or no insulation is required. 4. Pipe Hangers (MSS Type 5): For suspension of pipes, NPS 1/2 to NPS 4, to allow off - center closure for hanger installation before pipe erection. 5. Adjustable Swivel Split- or Solid -Ring Hangers (MSS Type 6): For suspension of noninsulated stationary pipes, NPS 3/4 to NPS 8. 6. Adjustable Steel Band Hangers (MSS Type 7): For suspension of noninsulated stationary pipes, NPS 1/2 to NPS 8. 7. Adjustable Band Hangers (MSS Type 9): For suspension of noninsulated stationary pipes, NPS 1/2 to NPS 8. 8. Adjustable Swivel -Ring Band Hangers (MSS Type 10): For suspension of noninsulated stationary pipes, NPS 1/2 to NPS 2. 9. Split Pipe -Ring with or without "furnbuckle- Adjustment Hangers (MSS Type 11): For suspension of noninsulated stationary pipes, NPS 3/8 to NPS 8. 10. Extension Hinged or Two-Bolt Split Pipe Clamps (MSS Type 12): For suspension of noninsulated stationary pipes. NPS 3/8 to NPS 3. 11. U -Bolts (MSS Type 24): For support of heavy pipe, NPS 1/2 to NPS 30. 12. Clips (MSS Type 26): For support of insulated pipes not subject to expansion or contraction. 13. Pipe Saddle Supports (MSS Type 36): For support of pipes, NPS 4 to NPS 36, with steel pipe base stanchion support and cast -iron floor flange. 14. Pipe Stanchion Saddles (MSS Type 37): For support of pipes, NPS 4 to NPS 36, with steel pipe base stanchion support and cast -iron floor flange and with U -bolt to retain pipe. 15. Adjustable Pipe Saddle Supports (MSS Type 38): For stanchion -type support for pipes, NPS 2-1/2 to NPS 36, if vertical adjustment is required, with steel pipe base stanchion support and cast -iron floor flange. 16. Single Pipe Rolls (MSS Type 41): For suspension of pipes, NPS 1 to NPS 30, from two rods if longitudinal movement caused by expansion and contraction might occur. 17. Adjustable Roller Hangers (MSS Type43): For suspension of pipes, NPS 2 -1/2 to NPS 20, from single rod if horizontal movement caused by expansion and contraction might occur. 18. Complete Pipe Rolls (MSS Type 44): For support of pipes, NPS 2 to NPS 42, if longitudinal movement caused by expansion and contraction might occur but vertical adjustment is not necessary. HANGERS AND SUPPORT Collier County Jail Renovations Laid Set — January 19. 2007 A/E Project No. 60002644.0007 I 15060 -3 10D 19. Pipe Roll and Plate Units (MSS Type 45): For support of pipes, NPS 2 to NPS 24, if small horizontal movement caused by expansion and contraction might occur and vertical adjustment is not necessary. 20. Adjustable Pipe Roll and Base Units (MSS Type 46): For support of pipes, NPS 2 to NPS 30, if vertical and lateral adjustment during installation might be required in addition to expansion and contraction. D. Vertical- Piping Clamps: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Extension Pipe or Riser Clamps (MSS Type 8): For support of pipe risers, NPS 3/4 to NPS 20. 2. Carbon- or Alloy -Steel Riser Clamps (MSS Type 42): For support of pipe risers, NPS 3/4 to NPS 20, if longer ends are required for riser clamps. E. Hanger -Rod Attachments: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Steel Turnbuckles (MSS Type 13): For adjustment up to 6 inches for heavy loads. 2. Swivel Turnbuckles (MSS Type 15): For use with MSS Type 11, split pipe rings. 3. Malleable -Iron Sockets (MSS Type 16): For attaching hanger rods to various types of building attachments. Building Attachments: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Steel or Malleable Concrete Inserts (MSS Type 18): For upper attachment to suspend pipe hangers from concrete ceiling. 2. Top -Beam C- Clamps (MSS Type 19): For use under roof installations with bar -joist construction to attach to top flange of structural shape. 3. Side -Beam or Channel Clamps (MSS Type 20): For attaching to bottom flange of beams, channels, or angles. 4. Center -Beam Clamps (MSS Type 21): For attaching to center of bottom flange of beams. 5. Welded Beam Attachments (MSS Type 22): For attaching to bottom of beams if loads are considerable and rod sizes are large. 6. C- Clamps (MSS Type 23): For structural shapes. 7. Top -Beam Clamps (MSS Type 25): For top of beams if hanger rod is required tangent to flange edge. 8. Side -Beam Clamps (MSS Type 27): For bottom of steel 1- beams. 9. Steel -Beam Clamps with Eye Nuts (MSS Type 28): For attaching to bottom of steel (- beams for heavy loads. 10. Linked -Steel Clamps with Eye Nuts (MSS Type 29): For attaching to bottom of steel (- beams for heavy loads, with link extensions. 11. Malleable Beam Clamps with Extension Pieces (MSS Type 30): For attaching to structural steel. 12. Welded -Steel Brackets: For support of pipes from below or for suspending from above by using clip and rod. Use one of the following for indicated loads: a. Light (MSS Type 31): 750 lb. b. Medium (MSS Type 32): 15001b. C. Heavy (MSS Type 33): 3000 lb. 13. Side -Beam Brackets (MSS Type 34): For sides of steel or wooden beams. 14. Plate Lugs (MSS Type 57): For attaching to steel beams if flexibility at beam is required. 15. Horizontal Travelers (MSS Type 58): For supporting piping systems subject to linear horizontal movement where head room is limited. HANGERS AND SUPPORT 15060 -4 Collier County Jail Renovations Bid Set — January 19, 2007 NE Project No. 60002644.0007 11 log ;1..01 G. Saddles and Shields: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Steel Pipe- Covering Protection Saddles (MSS Type 39): To fill interior voids with insulation that matches adjoining insulation. 2. Protection Shields (MSS Type 40): Of length recommended by manufacturer to prevent crushing insulation. 3. Thermal- Hanger Shield Inserts: For supporting insulated pipe, 360 - degree insert of high - density, 100 -psi minimum compressive - strength, water - repellent - treated calcium silicate or cellular -glass pipe insulation, same thickness as adjoining insulation with vapor barrier and encased in 360 - degree sheet metal shield. H. Spring Hangers and Supports: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: I. Restraint - Control Devices (MSS Type 47): Where indicated to control piping movement. 2. Spring Cushions (MSS Type 48): For light loads if vertical movement does not exceed 1 -1/4 inches. 3. Spring- Cushion Roll Hangers (MSS Type 49): For equipping Type 41 roll hanger with springs. 4. Spring Sway Braces (MSS Type 50): To retard sway, shock, vibration, or thermal expansion in piping systems. 5. Variable - Spring Hangers (MSS Type 51): Preset to indicated load and limit variability factor to 25 percent to absorb expansion and contraction of piping system from hanger. 6. Variable- Spring Base Supports (MSS Type 52): Preset to indicated load and limit variability factor to 25 percent to absorb expansion and contraction of piping system from base support. 7. Variable - Spring I rapeze Hangers (MSS Type 53): Preset to indicated load and limit variability factor to 25 percent to absorb expansion and contraction of piping system from trapeze support. S. Constant Supports: For critical piping stress and if necessary to avoid transfer of stress from one support to another support, critical terminal, or connected equipment. Include auxiliary stops for erection, hydrostatic test, and load- adjustment capability. These supports include the following n pes: a. I lorizontal (MSS Type 54): Mounted horizontally. b. Vertical (MSS Type 55): Mounted vertically. C. Trapeze (MSS Type 56): Two vertical -type supports and one trapeze member. 3.2 HANGER AND SUPPORT INSTALLATION A. Pipe Hanger and Support Installation: Comply with MSS SP -69 and MSS SP -89. Install hangers, supports, clamps, and attachments as required to properly support piping from building structure. B. Channel Support System Installation: Arrange for grouping of parallel runs of piping and support together on fleld- assembled channel systems. 1. Field assemble and install according to manufacturer's written instructions. C. Heavy -Duty Steel Trapeze Installation: Arrange for grouping of parallel runs of horizontal piping and support together on field-fabricated, heavy -duty trapezes. 1. Pipes of Various Sizes: Support together and space trapezes for smallest pipe size or install intermediate supports for smaller diameter pipes as specified above for individual pipe hangers. MANGERS AND SUPPORT C011icr County,lail Renovations Bid Set — January 19.2007 A /L Project No. 60002644.0007 15060 -5 J 2. Field fabricate from ASTM A 36 /A 36M, steel shapes selected for loads being supported. Weld steel according to AWS D -1.1. D. Install building attachments within concrete slabs or attach to structural steel. Space attachments within maximum piping span length indicated in MSS SP -69. Install additional attachments at concentrated loads, including valves, flanges, guides, strainers, and expansion joints, and at changes in direction of piping. Install concrete inserts before concrete is placed; fasten inserts to forms and install reinforcing bars through openings at top of inserts. E. Install powder - actuated drive -pin fasteners in concrete after concrete is placed and completely cured. Use operators that are licensed by powder- actuated tool manufacturer. Install fasteners according to powder- actuated tool manufacturer's operating manual. F. Install mechanical- anchor fasteners in concrete after concrete is placed and completely cured. Install fasteners according to manufacturer's written instructions. G. Install hangers and supports complete with necessary inserts, bolts, rods, nuts, washers, and other accessories. H. Install hangers and supports to allow controlled thermal movement of piping systems, to permit freedom of movement between pipe anchors, and to facilitate action of expansion joints, expansion loops, expansion bends, and similar units. Load Distribution: Install hangers and supports so that piping live and dead loads and stresses from movement will not be transmitted to connected equipment. J. Pipe Slopes: Install hangers and supports to provide indicated pipe slopes and so maximum pipe deflections allowed by ASME B31.9, "Building Services Piping," is not exceeded. K. Insulated Piping: Comply with the following: 1. Attach clamps and spacers to piping. a. Piping Operating above Ambient Air Temperature: Clamp may project through insulation. b. Piping Operating below Ambient Air Temperature: Use thermal - hanger shield insert with clamp sized to match OD of insert. C. Do not exceed pipe stress limits according to ASME B31.9. 2. Install MSS SP -58, Type 39 protection saddles, if insulation without vapor barrier is indicated. Fill interior voids with insulation that matches adjoining insulation. a. Option: Thermal- hanger shield inserts may be used. Include steel weight - distribution plate for pipe NPS 4 and larger if pipe is installed on rollers. 3. Install MSS SP -58, Type 40 protective shields on cold piping with vapor barrier. Shields shall span arc of 180 degrees. a. Option: Thermal - hanger shield inserts may be used. Include steel weight - distribution plate for pipe NPS 4 and larger if pipe is installed on rollers. 4. Shield Dimensions for Pipe: Not less than the following: a. NPS 1/4 to NPS 3 -1/2: 12 inches long and 0.048 inch thick. b. NPS 4: 12 inches long and 0.06 inch thick. C. NPS 5 and NPS 6: 18 inches long and 0.06 inch thick. d. NPS 8 to NPS 14: 24 inches long and 0.075 inch thick. e. NPS 16 to NPS 24: 24 inches long and 0.105 inch thick. 5. Pipes NPS 8 and Larger: Include wood inserts. HANGERS AND SUPPORT Collier County Jail Renovations Did Set— January 19, 2007 A/E Project No. 60002644.0007 15060 -6 1 10D 6. Insert Material: Length at least as long as protective shield. 7. Thermal- Hanger Shields: Install with insulation same thickness as piping insulation. 3.3 EQUIPMENT SUPPORTS A. Fabricate structural -steel stands to suspend equipment from structure above or to support equipment above floor. B. Grouting: Place grout under supports for equipment and make smooth bearing surface. 3.4 METAL FABRICATION A. Cut, drill, and tit miscellaneous metal fabrications for heavy -duty steel trapezes and equipment supports. B. Fit exposed connections together to form hairline joints. Field -weld connections that cannot be shop- welded because of shipping size limitations. C. Field Welding: Comply with AWS D1.1 procedures for shielded metal arc welding, appearance and quality of welds, and methods used in correcting welding work, and with the following: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. Finish welds at exposed connections so no roughness shows after finishing and contours of welded surfaces match adjacent contours. 3.5 ADJUSTING A. Hanger Adjustment: Adjust hangers to distribute loads equally on attachments and to achieve indicated slope of pipe. 3.6 PAINTING A. Touching Up: Clean field welds and abraded areas of shop paint. Paint exposed areas immediately after erecting hangers and supports. Use same materials as used for shop painting. Comply with SSPC -PA 1 requirements for touching up field - painted surfaces. 1. Apply paint by brush or spray to provide a minimum dry film thickness of 2.0 mils. B. Touching Up: Cleaning and touchup painting of field welds. bolted connections, and abraded areas of shop paint on miscellaneous metal are specified in Division 9 Section "Painting." C. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing repair paint to comply with ASTM A 780. END OF SECTION 15060 HANGERS AND SUPPORT Collier CountN Jail Renovations Bid Set — January 19. 2007 NE Project No. 60002644.0007 9 15060 -7 SECTION 15083 - PIPE INSULATION PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1 ;7O1I:rIg]DI hTLS)31 A. Division 7 Section "Through- Penetration Firestop Systems" for firestopping materials and requirements for penetrations through fire and smoke barriers. B. Division 15 Section "Hangers and Supports" for pipe insulation shields and protection saddles. 1.3 SUBMITTALS A. Product Data: Identify thermal conductivity, density, thickness, and jackets (both factory and field applied, if any), for each type of product indicated. B. Shop Drawings: Show fabrication and installation details for the following: I. Application of protective shields, saddles, and inserts at pipe hangers for each type of insulation and hanger. 2. Insulation application at pipe expansion joints for each type of insulation. 3. Insulation application at elbows, fittings, flanges, valves, and specialties for each type of insulation. 4. Removable insulation at piping specialties and equipment connections. 5. Application of field - applied jackets. C. Material Test Reports: From a qualified testing agency acceptable to authorities having jurisdiction indicating, interpreting, and certifying test results for compliance of insulation materials, sealers, attachments, cements, and jackets with requirements indicated. Include dates of tests. D. Installer Certificates: Signed by the Contractor certifying that installers comply with requirements. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Skilled mechanics who have successfully completed an apprenticeship program or another craft training program certified by the U.S. Department of Labor, Bureau of Apprenticeship and Training. B. Fire- Test - Response Characteristics: As determined by testing materials identical to those specified in this Section according to ASTM E 84, by a testing and inspecting agency acceptable to authorities having jurisdiction. Factory label insulation and jacket materials and sealer and cement material containers with appropriate markings of applicable testing and inspecting agency. PIPE INSULATION Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 15083 -1 t 11 10 D " 1 Insulation Installed Indoors and outdoors: Flame- spread rating of 25 or less, and smoke - developed rating of 50 or less. 1.5 DELIVERY, STORAGE, AND HANDLING A. Packaging: Ship insulation materials in containers marked by manufacturer with appropriate ASTM specification designation, type and grade, and maximum use temperature. 1.6 COORDINATION A. Coordinate size and location of supports, hangers, and insulation shields specified in Division 15 Section "Hangers and Supports." B. Coordinate clearance requirements with piping Installer for insulation application. C. Coordinate installation and testing of steam or electric heat tracing. 1.7 SCHEDULING A. Schedule insulation application after testing piping systems and, where required, after installing and testing heat -trace tape. Insulation application may begin on segments of piping that have satisfactory test results. PART 2- PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Mineral -Fiber Insulation: a. Certain Teed Manson. b. Owens - Corning Fiberglas Corp. C. Schuller International, Inc. d. Knauf Fiberglass GribH. 2. Cellular -Glass Insulation: a. Pittsburgh- Corning Corp. 3. Flexible Elastomeric Thermal Insulation: a. Armstrong World Industries. Inc. b. Rubatex Corp. 4. Calcium Silicate Insulation: a. Owens- Corning Fiberglas Corp. b. Pabco. C. Schuller International, Inc. 2.2 INSULATION MATERIALS A. Mineral -Fiber Insulation: Glass fibers bonded with a thermosetting resin complying with the following: I. Preformed Pipe Insulation: Comply with ASTM C 547,1 ype 1, with factory- applied, all - purpose, vapor - retarder jacket. 2. Blanket Insulation: Comply with AS'I M C 553, Type 11, without facing. PIPE INSULATION Collier Countv .Tail Renovations Bid Set — January 19, 2007 A /1f Project No. 60002644.0007 4 15033 -2 10D 3. Fire - Resistant Adhesive: Comply with MIL- A -3316C in the following classes and grades: a. Class 1, Grade A for bonding glass cloth and tape to unfaced glass -fiber insulation, for sealing edges of glass -fiber insulation, and for bonding lagging cloth to unfaced glass -fiber insulation. b. Class 2, Grade A for bonding glass -fiber insulation to metal surfaces. 4. Vapor- Retarder Mastics: Fire- and water - resistant, vapor- retarder mastic for indoor applications. Comply with MIL -C- 195650, Type II. 5. Mineral -Fiber Insulating Cements: Comply with ASTM C 195. 6. Expanded or Exfoliated Vermiculite Insulating Cements: Comply with ASTM C 196. 7. Mineral- Fiber, Hydraulic - Setting Insulating and Finishing Cement: Comply with ASTM C 449/C 449M. B. Cellular -Glass Insulation: Inorganic, foamed or cellulated glass, annealed, rigid, hermetically sealed cells, incombustible. 1. Preformed Pipe Insulation, without Jacket: Comply with ASTM C 552, Type II, Class 1. 2. Preformed Pipe Insulation, with Jacket: Comply with ASTM C 552, Type 11, Class 2. C. Flexible Elastomeric Thermal Insulation: Closed -cell, sponge- or expanded - rubber materials. Comply with ASTM C 534, Type 1 for tubular materials and Type 11 for sheet materials. 1. Adhesive: As recommended by insulation material manufacturer. 2. Ultraviolet- Protective Coating: As recommended by insulation manufacturer. D. Calcium Silicate Insulation: Preformed pipe sections of noncombustible, inorganic, hydrous calcium silicate with a nonasbestos fibrous reinforcement. Comply with ASTM C 533, Type I. E. Prefabricated Thermal Insulating Fitting Covers: Comply with ASTM C 450 for dimensions used in preforming insulation to cover valves, elbows, tees, and flanges. 2.3 FIELD - APPLIED JACKETS A. General: ASTM C 921, Type 1, unless otherwise indicated. B. Foil and Paper Jacket: Laminated, glass - fiber- reinforced, flame - retardant kraft paper and aluminum foil. C. Standard PVC Fitting Covers: Factory- fabricated fitting covers manufactured from 20 -mil- thick, high- impact, ultraviolet - resistant PVC. 1. Shapes: 45- and 90- degree, short- and long- radius elbows, tees, valves, flanges, reducers, end caps, soil -pipe hubs, traps, mechanical joints, and P -trap and supply covers for lavatories for the disabled. 2. Adhesive: As recommended by insulation material manufacturer. D. Aluminum Jacket: Factory cut and rolled to indicated sizes. Comply with ASTM B 209, 3003 alloy, H -14 temper. I . Finish and Thickness: Stucco - embossed finish, 0.016 inch thick. 2. Moisture Barrier: 1 -mil- thick, heat - bonded polyethylene and kraft paper. 3. Elbows: Preformed, 45- and 90- degree, short- and long - radius elbows; same material, finish, and thickness as jacket. PIPE INSULATION Collier County Jail Renovations Bid Set— .Ianuary 19, 2007 A/E Project No. 60002644.0007 15083 -3 2.4 ACCESSORIES AND ATTACHMENTS A. Glass Cloth and Tape: Comply with MIL- C- 20079H, Type I for cloth and Type 11 for tape. Woven glass -fiber fabrics, plain weave, presized a minimum of 8 oz. /sq. yd.. 1. Tape Width: 4 inches. B. Bands: 3/4 inch wide, in one of the following materials compatible withjacket: 1. Aluminum: 0.007 inch thick. C. Wire: 0.080 -inch, nickel- copper alloy; 0.062 -inch, soft - annealed, stainless steel; or 0.062 -inch, soft- annealed, galvanized steel. 2.5 VAPOR RETARDERS A. Mastics: Materials recommended by insulation material manufacturer that are compatible with insulation materials, jackets, and substrates. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions for compliance with requirements for installation and other conditions affecting performance of insulation application. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Preparation: Clean and dry pipe and fitting surfaces. Remove materials that will adversely affect insulation application. 3.3 GENERAL APPLICATION REQUIREMENTS A. Apply insulation materials, accessories, and finishes according to the manufacturer's written instructions; with smooth, straight, and even surfaces; free of voids throughout the length of piping, including fittings, valves, and specialties. B. Refer to schedules at the end of this Section for materials, forms, jackets, and thicknesses required for each piping system. C. Use accessories compatible with insulation materials and suitable for the service. Use accessories that do not corrode, soften, or otherwise attack insulation or jacket in either wet or dry state. D. Apply insulation with longitudinal seams at top and bottom of horizontal pipe runs. E. Apply multiple layers of insulation with longitudinal and end seams staggered. F. Do not weld brackets, clips, or other attachment devices to piping, fittings, and specialties PIPE LNSULATION :5083 -4 Collier County .Jail Renovations Bid Set — ,January 19. 2007 AT Project No. 00002644.0007 IOp G. Seal joints and seams with vapor- retarder mastic on insulation indicated to receive a vapor retarder. H. Keep insulation materials dry during application and finishing. 1. Apply insulation with tight longitudinal seams and end joints. Bond seams and joints with adhesive recommended by the insulation material manufacturer. J. Apply insulation with the least number of joints practical. K. Apply insulation over fittings, valves, and specialties, with continuous thermal and vapor - retarder integrity, unless otherwise indicated. Refer to special instructions for applying insulation over fittings, valves, and specialties. L. Hangers and Anchors: Where vapor retarder is indicated, seal penetrations in insulation at hangers, supports, anchors, and other projections with vapor- retarder mastic. 1. Apply insulation continuously through hangers and around anchor attachments. 2. For insulation application where vapor retarders are indicated, extend insulation on anchor legs at least 12 inches from point of attachment to pipe and taper insulation ends. Seal tapered ends with a compound recommended by the insulation material manufacturer to maintain vapor retarder. 3. Install insert materials and apply insulation to tightly join the insert. Seal insulation to insulation inserts with adhesive or sealing compound recommended by the insulation material manufacturer. 4. Cover inserts with jacket material matching adjacent pipe insulation. Install shields over jacket, arranged to protect the jacket from tear or puncture by the hanger, support, and shield. M. Insulation Terminations: For insulation application where vapor retarders are indicated, taper insulation ends. Seal tapered ends with a compound recommended by the insulation material manufacturer to maintain vapor retarder. N. Apply adhesives and mastics at the manufacturer's recommended coverage rate. O. Apply insulation with integral jackets as follows: 1. Pull jacket tight and smooth. 2. Circumferential Joints: Cover with 3 -inch- wide strips, of same material as insulation jacket. Secure strips with adhesive and outward clinching staples along both edges of strip and spaced 4 inches o.c. 3. Longitudinal Seams: Overlap jacket seams at least l -1/2 inches. Apply insulation with longitudinal seams at bottom of pipe. Clean and dry surface to receive self - sealing lap. Staple laps with outward clinching staples along edge at 4 inches o.c. a. Exception: Do not staple longitudinal laps on insulation having a vapor retarder. 4. Vapor- Retarder Mastics: Where vapor retarders are indicated, apply mastic on seams and joints and at ends adjacent to flanges, unions, valves, and fittings. 5. At penetrations in jackets for thermometers and pressure gages, fill and seal voids with vapor - retarder mastic. P. Roof Penetrations: Apply insulation for interior applications to a point even with top of roof flashing. 1. Seal penetrations with vapor - retarder mastic. PIPE INSULATION 15083 -5 Collier County Jail Renovations Bid Set — January 19, 2007 AJE Project No. 60002644.0007 11 10 0 1 2. Apply insulation for exterior applications tightly joined to interior insulation ends. 3. Extend metal jacket of exterior insulation outside roof flashing at least 2 inches below top of roof flashing. 4. Seal metal jacket to roof flashing with vapor - retarder mastic. Q. Exterior Wall Penetrations: For penetrations of below -grade exterior walls, terminate insulation flush with mechanical sleeve seal. Seal terminations with vapor - retarder mastic. R. Interior Wall and Partition Penetrations: Apply insulation continuously through walls and floors. S. Fire -Rated Wall and Partition Penetrations: Apply insulation continuously through penetrations of fire -rated walls and partitions. I. Firestopping and fire - resistive joint sealers are specified in Division 7 Section "Firestopping." T. Floor Penetrations: Apply insulation continuously through floor assembly. 1. For insulation with vapor retarders, seal insulation with vapor - retarder mastic where floor supports penetrate vapor retarder. 3.4 MINERAL -FIBER INSULATION APPLICATION A. Apply insulation to straight pipes and tubes as follows: 1. Secure each layer of preformed pipe insulation to pipe with wire, tape, or bands without deforming insulation materials. 2. Where vapor retarders are indicated, seal longitudinal seams and end joints with vapor - retarder mastic. Apply vapor retarder to ends of insulation at intervals of 15 to 20 feet to form a vapor retarder between pipe insulation segments. 3. For insulation with factory - applied jackets, secure laps with outward clinched staples at inches o.c. 4. For insulation with factory - applied jackets with vapor retarders, do not staple longitudinal tabs but secure tabs with additional adhesive as recommended by the insulation material manufacturer and seal with vapor - retarder mastic. B. Apply insulation to flanges as follows 1. Apply preformed pipe insulation to outer diameter of pipe flange. 2. Make width of insulation segment the same as overall width of the flange and bolts, plus twice the thickness of the pipe insulation. 3. Fill voids between inner circumference of flange insulation and outer circumference of adjacent straight pipe segments with mineral -fiber blanket insulation. 4. Apply canvas jacket material with manufacturer's recommended adhesive, overlapping seams at least I inch, and seal joints with vapor- retarder mastic. C. Apply insulation to fittings and elbows as follows: I. Apply premolded insulation sections of the same material as straight segments of pipe insulation when available. Secure according to manufacturer's written instructions. 2. When premolded insulation elbows and fittings are not available, apply mitered sections of pipe insulation, or glass -fiber blanket insulation, to a thickness equal to adjoining pipe insulation. Secure insulation materials with wire, tape, or bands. 3. Cover fittings with standard PVC fitting covers. PIPE INSULATION Collier Countv Jail Renovations Bid Set — January 19. 2007 A/F Project No. 60002644.0007 Md:i<£"I 109 4. Cover fittings with heavy PVC fitting covers. Overlap PVC covers on pipe insulation jackets at least 1 inch at each end. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor- retarder mastic. D. Apply insulation to valves and specialties as follows: 1. Apply premolded insulation sections of the same material as straight segments of pipe insulation when available. Secure according to manufacturer's written instructions. 2. When premolded insulation sections are not available, apply glass -fiber blanket insulation to valve body. Arrange insulation to permit access to packing and to allow valve operation without disturbing insulation. For check valves, arrange insulation for access to stainer basket without disturbing insulation. 3. Apply insulation to flanges as specified for flange insulation application. 4. Use preformed standard PVC fitting covers for valve sizes where available. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor- retarder mastic. 5. Use preformed heavy PVC fitting covers for valve sizes where available. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor - retarder mastic. 6. For larger sizes where PVC fitting covers are not available, seal insulation with canvas jacket and sealing compound recommended by the insulation material manufacturer. R�.�iJ�l� �1rI\: �fl y[. Y. Y1 ►6YIL�G�YL�]�]t�ti�JfflyY[�]►I A. Apply insulation to straight pipes and tubes as follows: 1. Secure each layer of insulation to pipe with wire, tape, or bands without deforming insulation materials. 2. Where vapor retarders are indicated, seal longitudinal seams and end joints with vapor - retarder mastic. 3. For insulation with factory - applied jackets, secure laps with outward clinched staples at 6 inches o.c. 4. For insulation with factory- applied jackets with vapor retarders, do not staple longitudinal tabs but secure tabs with additional adhesive as recommended by the insulation material manufacturer and seal with vapor- retarder mastic. B. Apply insulation to flanges as follows 1. Apply preformed pipe insulation to outer diameter of pipe flange. 2. Make width of insulation segment the same as overall width of the flange and bolts, plus twice the thickness of the pipe insulation. 3. Fill voids between inner circumference of flange insulation and outer circumference of adjacent straight pipe segments with cut sections of cellular -glass block insulation of the same thickness as pipe insulation. 4. Apply canvas jacket material with manufacturer's recommended adhesive, overlapping seams at least 1 inch, and seal joints with vapor - retarder mastic. C. Apply insulation to fittings and elbows as follows: 1. Apply premolded insulation sections of the same material as straight segments of pipe insulation when available. Secure according to manufacturer's written instructions. 2. When premolded sections of insulation are not available, apply mitered sections of cellular -glass insulation. Secure insulation materials with wire, tape, or bands. 3. Cover fittings with standard PVC fitting covers. PIPE INSULATION Collier County Jail Renovations Bid Set — January 19. 2007 A/E Project No. 60002644.0007 15083 -^, ti.) 1W 4. Cover fittings with heavy PVC fitting covers. Overlap PVC covers on pipe insulation jackets at least 1 inch at each end. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor - retarder mastic. D. Apply insulation to valves and specialties as follows: 1. Apply premolded segments of cellular -glass insulation or glass -fiber blanket insulation to valve body. Arrange insulation to permit access to packing and to allow valve operation without disturbing insulation. For check valves, arrange insulation for access to stainer basket without disturbing insulation. 2. Apply insulation to flanges as specified for flange insulation application. 3. Use preformed standard PVC fitting covers for valve sizes where available. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor- retarder mastic. 4. Use preformed heavy PVC fitting covers for valve sizes where available. Secure fitting covers with manufacturer's attachments and accessories. Seal seams with tape and vapor - retarder mastic. 5. For larger sizes where PVC fitting covers are not available, seal insulation with canvas jacket and sealing compound recommended by the insulation material manufacturer. 3.6 FLEXIBLE ELASTOMERIC THERMAL INSULATION APPLICATION A. Apply insulation to straight pipes and tubes as follows: 1. Follow manufacturer's written instructions for applying insulation. 2. Seal longitudinal seams and end joints with manufacturer's recommended adhesive. Cement to avoid openings in insulation that will allow passage of air to the pipe surface. B. Apply insulation to flanges as follows: I . Apply pipe insulation to outer diameter of pipe flange. 2. Make width of insulation segment the same as overall width of the flange and bolts, plus twice the thickness of the pipe insulation. 3. Fill voids between inner circumference of flange insulation and outer circumference of adjacent straight pipe segments with cut sections of sheet insulation of the same thickness as pipe insulation. 4. Secure insulation to flanges and seal seams with manufacturer's recommended adhesive. Cement to avoid openings in insulation that will allow passage of air to the pipe surface. C. Apply insulation to fittings and elbows as follows: I. Apply mitered sections of pipe insulation. 2. Secure insulation materials and seal seams with manufacturer's recommended adhesive. Cement to avoid openings in insulation that will allow passage of air to the pipe surface. D. Apply insulation to valves and specialties as follows: I. Apply preformed valve covers manufactured of the same material as pipe insulation and attached according to the manuf'acturer's written instructions. 2. Apply cut segments of pipe and sheet insulation to valve body. Arrange insulation to permit access to packing and to allow valve operation without disturbing insulation. For check valves, fabricate removable sections of insulation arranged to allow access to stainer basket. 3. Apply insulation to flanges as specified for flange insulation application. PIPE LNSULATION Collier County .lail Renovations Itid Set — .Ianuary 19. 2007 A /[. Project No. 60002644.0007 9 15083 -8 100 4. Secure insulation to valves and specialties and seal seams with manufacturer's recommended adhesive. Cement to avoid openings in insulation that will allow passage of air to the pipe surface. 3.7 CALCIUM SILICATE INSULATION APPLICATION A. Apply insulation to straight pipes and tubes as follows: 1. Secure each layer of insulation to pipe with stainless -steel bands at 12 -inch intervals and tighten without deforming insulation materials. 2. Apply two-layer insulation with joints tightly butted and staggered at least 3 inches. Secure inner layer with 0.062 -inch, soft - annealed, stainless -steel wire spaced at 12 -inch intervals. Secure outer layer with stainless -steel bands at 12 -inch intervals. 3. Apply a skim coat of mineral -fiber, hydraulic- setting cement to surface of installed insulation. When dry, apply flood coat of lagging adhesive and press on one layer of glass cloth or tape. Overlap edges at least 1 inch. Apply finish coat of lagging adhesive over glass cloth or tape. Thin the finish coat to achieve smooth finish. B. Apply insulation to flanges as follows: 1. Apply preformed pipe insulation to outer diameter of pipe flange. 2. Make width of insulation segment the same as overall width of the flange and bolts, plus twice the thickness of the pipe insulation. 3. Fill voids between inner circumference of flange insulation and outer circumference of adjacent straight pipe segments with cut sections of block insulation of the same material and thickness as pipe insulation. 4. Finish flange insulation the same as pipe insulation. C. Apply insulation to fittings and elbows as follows: I. Apply premolded insulation sections of the same material as straight segments of pipe insulation when available. Secure according to manufacturer's written instructions. 2. When premolded sections of insulation are not available, apply mitered sections of calcium silicate insulation. Secure insulation materials with stainless -steel wire. 3. Finish insulation of fittings the same as pipe insulation. D. Apply insulation to valves and specialties as follows: 1. Apply mitered segments of calcium silicate insulation to valve body. Arrange insulation to permit access to packing and to allow valve operation without disturbing insulation. For check valves, arrange insulation for access to stainer basket without disturbing insulation. 2. Apply insulation to flanges as specified for flange insulation application. 3. Finish valve and specialty insulation the same as pipe insulation. 3.8 FIELD - APPLIED JACKET APPLICATION A. Apply glass -cloth jacket, where indicated, directly over bare insulation or insulation with factory- applied jackets. 1. Apply jacket smooth and tight to surface with 2 -inch overlap at seams and joints. 2. Embed glass cloth between two 0.062 - inch - thick coats of jacket manufacturer's recommended adhesive. 3. Completely encapsulate insulation with jacket, leaving no exposed raw insulation. PIPE INSULATION Collier County Jail Renovations Bid Set - January 19, 2007 AX Project No. 60002644.0007 15083 -4 11 100 ',i B. Foil and Paper Jackets: Apply foil and paper jackets where indicated. 1. Draw jacket material smooth and tight. 2. Apply lap or joint strips with the same material as jacket. 3. Secure jacket to insulation with manufacturer's recommended adhesive. 4. Apply jackets with 1 -1/2 -inch laps at longitudinal seams and 3 -inch- wide joint strips at end joints. 5. Seal openings, punctures, and breaks in vapor - retarder jackets and exposed insulation with vapor - retarder mastic. C. Apply PVC jacket where indicated, with 1 -inch overlap at longitudinal seams and end joints. Seal with manufacturer's recommended adhesive. D. Apply metal jacket where indicated, with 2 -inch overlap at longitudinal seams and end joints. Overlap longitudinal seams arranged to shed water. Seal end joints with weatherproof sealant recommended by insulation manufacturer. Secure jacket with stainless -steel bands 12 inches o.c. and at endjoints. 3.9 FINISHES A. Glass -Cloth Jacketed Insulation: Paint insulation finished with glass -cloth jacket as specified in Division 9 Section "Painting." B. Flexible Elastomeric Thermal Insulation: After adhesive has fully cured, apply two coats of the insulation manufacturer's recommended protective coating. C. Color: Final color as selected by Architect. Vary first and second coats to allow visual inspection of the completed Work. 3.10 PIPING SYSTEM APPLICATIONS A. Insulation materials and thicknesses are specified in schedules at the end of this Section. B. Items Not Insulated: Unless otherwise indicated, do not apply insulation to the following systems, materials, and equipment: L Flexible connectors. 2. Vibration - control devices. 3. Fire - suppression piping. 4. Drainage piping located in crawl spaces, unless otherwise indicated. 5. Chrome- plated pipes and fittings, unless potential for personnel injury. 6. Air chambers, unions, strainers, check valves, plug valves, and flow regulators. 111 FIELD QUALITY CONTROL A. Inspection: Perform the following field quality - control inspections, after installing insulation materials, jackets. and finishes, to determine compliance with requirements: I . Inspect fittings and valves randomly selected by Architect. 2. Remove fitting covers from 20 elbows or I percent of elbows, whichever is less, for various pipe sizes. 3. Remove fitting covers from 20 valves or I percent of valves, whichever is less, for various pipe sizes. PIPE INSULATION Collier County Jail Renovations Bid Set — January 19. 2007 NE Project No. 60002644.0007 j H.Y11315til 10D 1 B. Insulation applications will be considered defective if sample inspection reveals noncompliance with requirements. Remove defective Work and replace with new materials according if Specifications. i C. Reinstall insulation and covers on fittings and valves uncovered for inspection according to these Specifications. 3.12 INSULATION APPLICATION SCHEDULE, GENERAL A. Refer to insulation application schedules for required insulation materials, vapor retarders, and field- applied jackets. B. Application schedules identify piping system and indicate pipe size ranges and material, thickness, and jacket requirements. 113 INTERIOR INSULATION APPLICATION SCHEDULE (AIR CONDITIONED SPACES, INCLUDING CEILING PLENUM) A. Service: Domestic hot and recirculated hot water. 1. Operating Temperature: 60 to 140 deg F. 2. Insulation Material: Mineral fiber. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Copper Pipe, Up to 2 inches: 1 inch insulation. b. Copper Pipe, 2 -1/2 inches and over: 1 -1/2 inch insulation. 4. Field- Applied Jacket: None. 5. Vapor Retarder Required: No. 6. Finish: None. B. Service: Domestic chilled water 1. Operating Temperature: 35 to 60 deg F. 2. Insulation Material: Flexible elastomeric. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Copper Pipe, all pipe sizes: 3/4 insulation 4. Field - Applied Jacket: None. 5. Vapor Retarder Required: Yes. 6. Finish: Painted. C. Service: Rainwater conductors. Horizontal runs only. I. Operating Temperature: 32 to 100 deg F. 2. Insulation Material: Mineral fiber. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Cast Iron and PVC Pipe, All: 1/2 inch. 4. Field- Applied Jacket: None. 5. Vapor Retarder Required: No. 6. Finish: None. D. Service: Roof drain bodies. 1. Operating Temperature: 32 to 100 deg F. 2. Insulation Material: Mineral fiber 3. Insulation Thickness: 1/2 inch. 4. Field - Applied Jacket: None. PIPE INSULATION Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 .5083 -11 11 100 1 5. Vapor Retarder Required: No. 6. Finish: None. E. Service: Condensate drain piping. 1. Operating Temperature: 35 to 75 deg F. 2. Insulation Material: Flexible elastomeric. 3. Insulation Thickness: 3/4 inch. 4. Field- Applied Jacket: None. 5. Vapor Retarder Required: Yes. 6. Finish: Painted. Service: Exposed sanitary drains and domestic water supplies and stops for fixtures for the disabled. 1. Operating Temperature: 35 to 120 deg F. 2. Insulation Material: Mineral fiber. 3. insulation Thickness: As per manufacturer. 4. Field - Applied Jacket: PVC P -trap and supply covers. 5. Vapor Retarder Required: No. 6. Finish: Painted. G. Service: Chilled -water supply and return. 1. Operating Temperature: 35 to 75 deg F. 2. Insulation Material: Cellular glass, with jacket. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Steel and Copper Pipe, 3/4 inch - 1 -1/2 inch pipe: I -I/2 inch insulation b. Steel Pipe, 2 " -8 ": 2 inch. 4. Field - Applied Jacket: Foil and paper. 5. Vapor Retarder Required: Yes. 6. Finish: None. H. Service: Refrigerant suction and hot -gas piping. 1. Operating Temperature: 35 to 50 deg F. 2. Insulation Material: Flexible elastomeric 3. Insulation Thickness: Apply the following insulation thicknesses: a. Steel and Copper Pipe - AIL 3/4 inch. 4. Field- Applied Jacket: None. 5. Vapor Retarder Required: Yes. 6. Finish: Painted]. Service: Diesel- engine exhaust. I. Operating Temperature: 850 deg F and longer. 2. Insulation Material: Calcium silicate. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Steel Pipe, All : 3 inch. 4. Field - Applied Jacket: None. 5. Vapor Retarder Required: No. 6. Finish: None. PIPE INSULATION Collier County Jail Renovations Bid Set - January 19, 2007 A/B Project No. 60002644.0007 9 :5083 -12 3.14 EXTERIOR INSULATION APPLICATION SCHEDULE (INCLUDING INTERIOR UNAIRCONDITONED SPACES A. This application schedule is for aboveground insulation outside the building and inside the building in unairconditioned spaces. B. Service: Refrigerant suction. 1. Operating Temperature: 35 to 50 deg F. 2. Insulation Material: Flexible elastomeric. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Copper Pipe: All - 3/4 inch insulation. 4. Field- Applied Jacket: None S. Vapor Retarder Required: Yes. 6. Finish: Painted. C. Service: Chilled -water supply and return. I . Operating Temperature: 35 to 75 deg F. 2. Insulation Material: Cellular glass, with jacket. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Steel and Copper Pipe, 3/4 "— 1 -1/2 inch: 2 -1/2 inch insulation. b. Steel Pipe, 2 " -4" pipes - 3 inch insulation. C. Steel Pipe, 6— 8 ": 3 -1/2 inch insulation. 4. Field- Applied Jacket: Aluminum. 5. Vapor Retarder Required: Yes. 6. Finish: None. D. Service: Diesel- engine exhaust 1. Operating Temperature: 850 deg F and lower. 2. Insulation Material: Calcium silicate. 3. Insulation Thickness: Apply the following insulation thicknesses: a. Steel Pipe, All: 3 inch. 4. Field- Applied Jacket: Stainless steel jacket. Jacket shall be installed as per manufacturer's recommendations. 5. Vapor Retarder Required: No. 6. Finish: None. END OF SECTION 15083 PIPE INSULATION Collier County Jail keuovalions Did Set — January 19, 2007 AT Project No. 60002644.0007 15083 -13 10D a SECTION 15110 -VALVES PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division I Specification Sections. B. Product Data for each valve type. Include body material, valve design, pressure and temperature classification, end connection details, seating materials, trim material and arrangement, dimensions and required clearances, and installation instructions. Include list indicating valve and its application. 1.3 QUALITY ASSURANCE A. MSS Compliance: Comply with the various MSS Standard Practice documents referenced. 1.4 DELIVERY, STORAGE, AND HANDLING A. Prepare valves for shipping as follows: I . Protect internal parts against rust and corrosion. 2. Protect threads, flange faces, grooves, and weld ends. 3. Set ball valves open to minimize exposure of functional surfaces. B. Use the following precautions during storage: 1. Maintain valve end protection. 2. Store indoors and maintain valve temperature higher than ambient dew -point temperature. If outdoor storage is necessary. store valves off the ground in watertight enclosures. PART 2- PRODUCTS 2.1 MANUFACTURERS A. Subject to compliance with requirements, provide products by one of the following: I. Ball Valves: a. Delta. b. Milwaukee Valve Company, Inc. C. Apollo. d. Hammond Valve. e. Flow Design, Inc. 2.2 BASIC, COMMON FEATURES A. Design: Rising stem or rising outside screw and yoke sterns, except as specified below VALVES 15110 -1 Collier County Jail Renovations Bid Set — .lanuzry 19. 2007 .NE Project No. 60002644.0007 10D I Nonrising stem valves may be used only where headroom prevents full extension of rising stems. B. Pressure and Temperature Ratings: As indicated in the "Application Schedule" of Part 3 of this Section and as required to suit system pressures and temperatures. C. Sizes: Same size as upstream pipe, unless otherwise indicated. D. Extended Stems: Where insulation is indicated or specified, provide extended stems arranged to receive insulation. E. Solder Joint: ASME B 16.18. 1. Caution: Where soldered end connections are used, use solder having a melting point below 421 deg F for ball valves. 2.3 BALL VALVES A. Ball Valves, 4 Inches and Smaller: MSS SP -110, Class 150, 600 -psi CWP, ASTM B 584 bronze body and bonnet, 2 -piece construction; chrome- plated brass ball, standard port for 1/2 -inch valves and smaller and conventional port for 3/4 -inch valves and larger; blowout proof bronze or brass stem; teflon seats and seals; threaded or soldered end connections: 1. Stem Extension: For valves installed in insulated piping. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine piping system for compliance with requirements for installation tolerances and other conditions affecting performance of valves. Do not proceed with installation until unsatisfactory conditions have been corrected. B. Examine valve interior for cleanliness, freedom from foreign matter, and corrosion. Remove special packing materials, such as blocks, used to prevent disc movement during shipping and handling. C. Operate valves from fully open to fully closed positions. Examine guides and seats made accessible by such operation. D. Examine threads on valve and mating pipe for form and cleanliness. E. Do not attempt to repair defective valves; replace with new valves. 3.2 INSTALLATION A. Install valves as indicated, according to manufacturer's written instructions. B. Drawings indicate the general arrangement of piping, fittings, and specialties. C. Locate valves for easy access. D. Install valves in horizontal piping with stem at or above the center of the pipe. VALVES 15110 -2 Collier County Jail Renovations Bid Set — January 19, 2007 NE Project No. 60002644.0007 H 100 �I E. Install valves in a position to allow full stem movement. 13 SOLDERED CONNECTIONS A. Cut tube square and to exact lengths. B. Clean end of tube to depth of valve socket with steel wool, sand cloth, or a steel wire brush to a bright finish. Clean valve socket. C. Apply proper soldering flux in an even coat to inside of valve socket and outside of tube. D. Insert tube into valve socket, making sure the end rests against the shoulder inside valve. Rotate tube or valve slightly to ensure even distribution of the flux. E. Apply heat evenly to outside of valve around joint until solder melts on contact. Feed solder until it completely fills the joint around tube. Avoid hot spots or overheating valve. Once the solder starts cooling, remove excess amounts around the joint with a cloth or brush. 14 THREADED CONNECTIONS A. Note the internal length of threads in valve ends and proximity of valve internal seat or wall to determine how far pipe should be threaded into valve. B. Align threads at point of assembly. C. Apply appropriate tape or thread compound to the external pipe threads, except where dry seal threading is specified. D. Assemble joint. wrench tight. Wrench on valve shall be on the valve end into which the pipe is being threaded. 35 VALVE END SELECTION A. Select valves with the following ends or types of pipe /tube connections: 1. Copper Tube Size, 3 -1 /2 Inches and Smaller: Solder ends. 3.6 APPLICATION SCHEDULE A. Domestic Water Systems: Use the following valve types: 1. Ball Valves: Class 150, 600 -psi CWP, with stem extension. 3.7 ADJUSTING A. Adjust or replace packing after piping systems have been tested and put into service, but before final adjusting and balancing. Replace valves if leak persists. END OF SECTION 15110 VALVES Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 600026440007 15110 -3 100 1 4 SECTION 15140 - DOMESTIC WATER PIPING PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 RELATED WORK A. Division 15 Section "Plumbing Specialties" for water distribution piping specialties. 1.3 PERFORMANCE REQUIREMENTS A. Provide components and installation capable of producing domestic water piping systems with the following minimum working—pressure ratings, unless otherwise indicated: 1. Domestic Water Distribution Piping: 150 psig. 1.4 SUBMITTALS A. Product Data: For pipe, tube, fittings, and couplings. B. Water Samples: Specified in "Cleaning" Article in Part 3. C. Field Test Reports: Indicate and interpret test results for compliance with performance requirements. 1.5 QUALITY ASSURANCE A. Piping materials shall bear label, stamp, or other markings of specified testing agency. B. Comply with ASME B319 `Building Services Piping" for materials, products and installation. C. Comply with NSF 61, "Drinking Water System Components - Health Effects; Sections 1 through 9," for potable domestic water piping and components. PART 2- PRODUCTS 2.1 PIPING MATERIALS A. Refer to Part 3 'Piping Applications" Article for applications of pipe, tube, fitting, and joining materials. B. Transition Couplings for Aboveground Pressure Piping: Coupling or other manufactured fitting the same size as, with pressure rating at least equal to and ends compatible with, piping to be joined. C. Transition Couplings for Underground Pressure Piping: A W WA C219, metal, sleeve -type coupling or other manufactured fitting the same size as, with pressure rating at least equal to and ends compatible with, piping to be joined. DOMESTIC WATER PIPING 15140 -1 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 11 i' 2 2 COPPER TUBING A. Hard Copper Tube: ASTM B 88, Types K, water tube, drawn temper. 1. Copper Pressure Fittings: ASME B16.18, cast- copper -alloy or ASME B 16.22, wrought- copper, solder -joint fittings. Furnish wrought- copper fittings if indicated. 1 Bronze Flanges: ASME 616.24, Class 150, with solder -joint end. Furnish Class 300 flanges if required to match piping. 3. Copper Unions: ASME B 16.18, cast- copper - alloy, hexagonal -stock body, with ball - and- socket, metal - to-metal seating surfaces and solder -joint or threaded ends. Include threads conforming to ASME 131.20.1 on threaded ends. 2.3 VALVES A. Refer to Division 15 Section "Valves" for bronze and cast -irom general -duty valves. B. Refer to Division 15 Section 'Plumbing Specialties" for balancing and drain valves. PART 3 - EXECUTION 3.1 EXCAVATION A. Refer to Division 2 Section "Earthwork" for excavating, trenching, and backfilling. 3.2 PIPING APPLICATIONS A. Transition and special fittings with pressure ratings at least equal to piping rating may be used in applications below. unless otherwise indicated. B. Flanges may be used on aboveground piping. unless otherwise indicated. C. Grooved joints may be used on aboveground grooved-end piping. D. Fitting Option: Mechanically formed tee - branch outlets and brazed joints may be used on aboveground copper tubing. E. Underground Domestic Water Service Piping: Use the following piping materials for each size range: L NPS 2 and Smaller: Hard copper tube, Type K; copper pressure fittings: and soldered joints. 2. NPS 2 -I /2 to NPS 3 -1/2: Hard copper tube, Type K: copper pressure fittings; and soldered joints. F. Aboveground Domestic Water Piping: Use the following piping materials for each size ranee: 1. NPS 1 -1/2 and Smaller: Hard copper tube, Type K; copper pressure fittings; and soldered joints. 2. NPS 2: Hard copper tube, Type K; copper pressure fittings; and soldered joints. 3. NPS 2: Hard copper tube, Type K; with grooved ends: copper grooved -end fittings; copper - tubing, keyed couplings; and groovedjoints. DOMESTIC B'E'ATER PIPING Collier County Jail Renovations Bid Sct — January 19, 2007 A/P Project No. 60002644.0007 1 ]5140 -2 100 t A. Drawings indicate valve types to be used. Where specific valve types are not indicated, the following requirements apply: I . Shutoff Duty: Use bronze ball or gate valves for piping NPS 2 and smaller. 2. Throttling Duty: Use bronze ball or globe valves for piping NPS 2 and smaller. 3.4 PIPING INSTALLATION A. Refer to Division 15 Section "Basic Mechanical Materials and Methods" for basic piping installation. B. Install underground copper tubing according to CDA's "Copper Tube Handbook." C. Install aboveground domestic water piping level with 0.25 percent slope downward toward drain and plumb. D. Fill water piping. Check components to determine that they are not air bound and that piping is full of water. E. Perform the following steps before operation: 1. Open shutoff valves to fully open position. 2. Open throttling valves to proper setting. 3. Remove plugs used during testing of piping and plugs used for temporary sealing of piping during installation. 3.5 JOINT CONSTRUCTION A. Refer to Division 15 Section "Basic Mechanical Materials and Methods" for basic piping joint construction. B. Soldered Joints: ASTM B 32, lead- free -alloy solder; SN95, SN94 or E. C. Grooved Joints: Assemble joints with keyed - coupling housing, gasket, lubricant and bolts according to coupling and fitting manufacturer's written instructions. 3.6 HANGER AND SUPPORT INSTALLATION A. Refer to Division 15 Section "Hangers and Supports" for pipe hanger and support devices. Install the following: 1. Vertical Piping: MSS Type 8 or Type 42, clamps. 2. Individual, Straight, Horizontal Piping Runs: According to the following: a. 100 Feet and Less: MSS Type 1, adjustable, steel clevis hangers. B. Rod diameter may be reduced 1 size for double -rod hangers, to a minimum of 3/8 inch. C. Install hangers for copper tubing with the following maximum horizontal spacing and minimum rod diameters: I. NPS 3/4 and Smaller: 60 inches with 3/8 -inch rod. 2. NPS I and NPS 1 -1/4: 72 inches with 3/8 -inch rod. 3. NPS 7 -1/2 and NPS 2: 96 inches with 3/8 -inch rod. DOMESTIC NVATER PIPING ISIAn 3 Collicr County .Tail Renovations Rid Set— January 19, 2007 AIE Project No. 60002644.0007 1, D. Install supports for vertical copper tubing every 10 feet. 3.7 CONNECTIONS A. Drawings indicate general arrangement of piping, fittings, and specialties. 3.8 FIELD QUALITY CONTROL A. Inspect domestic water piping as follows: 1. Do not enclose, cover, or put piping into operation until it is inspected and approved by authorities having jurisdiction. 2. During installation, notify authorities having jurisdiction at least 24 hours before inspection must be made. Perform tests specified below in presence of authorities having j urisdicti on: a. Roughing -in Inspection: Arrange for inspection of piping before concealing or closing -in after roughing -in and before setting fixtures. b. Final Inspection: Arrange for final inspection by authorities having jurisdiction to observe tests specified below and to ensure compliance with requirements. 3. Reinspection: If authorities havingjurisdiction find that piping will not pass test or inspection, make required corrections and arrange for reinspection. 4. Reports: Prepare inspection reports and have them signed by authorities having jurisdiction. B. Test domestic water piping as follows: 1. Test for leaks and defects in new piping and parts of existing piping that have been altered. extended, or repaired. If testing is performed in segments, submit separate report for each test, complete with diagram of portion of piping tested. 2. Leave uncovered and unconcealed new, altered, extended, or replaced domestic water piping until it has been tested and approved. Expose work that was covered or concealed before it was tested. 3. Cap and subject piping to static water pressure of 50 psi- above operating pressure, without exceeding pressure rating of piping system materials. Isolate test source and allow to stand for four hours. Leaks and loss in test pressure constitute defects that must be repaired. 4. Repair leaks and defects with new materials and retest piping or portion thereof until satisfactory results are obtained. 5. Prepare reports for tests and required corrective action. 3.9 ADJUSTING A. Adjust balancing valves in hot - water - circulation return piping to provide adequate flow. 1. Manually adjust ball -type balancing valves in hot- water - circulation return piping to provide flow of hot water in each branch. 2. Adjust calibrated balancing valves to flows indicated. 3.10 CLEANING A. Clean and disinfect potable domestic water piping as follows: I. Purge new piping and parts of existing domestic water piping that have been altered, extended, or repaired before using. DOMESTIC WATER PIPING Collier County .fail Renovations Bid Set — January 19. 2007 A/B Project No. 60002644.0007 15140 -4 2. Use purging and disinfecting procedures prescribed by authorities having jurisdiction or, if methods are not prescribed, procedures described in either AWWA C651 or AWWA C652 or as described below: a. Flush piping system with clean, potable water until dirty water does not appear at outlets. b. Fill and isolate system according to either of the following: 1) Fill system or part thereof with water /chlorine solution with at least 50 ppm of chlorine. Isolate with valves and allow to stand for 24 hours. 2) Fill system or part thereof with water /chlorine solution with at least 200 ppm of chlorine. Isolate and allow to stand for three hours. C. Flush system with clean, potable water until no chlorine is in water coming from system after the standing time. d. Submit water samples in sterile bottles to authorities having jurisdiction. Repeat procedures if biological examination shows contamination. B. Prepare and submit reports of purging and disinfecting activities. C. Clean interior of domestic water piping system. Remove dirt and debris as work progresses. END OF SECTION 15140 DOMESTIC WATER PIPING Collier County .tail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 25140 -5 0 10D SECTION 15150 - SANITARY WASTE AND VENT PIPING PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 RELATED WORK A. Division 15 Section "Plumbing Specialties" for soil, waste, and vent piping systems specialties. 1.3 PERFORMANCE REQUIREMENTS A. Provide components and installation capable of producing piping systems with the following minimum working- pressure ratings, unless otherwise indicated: 1. Soil, Waste, and Vent Piping: 10 -foot head of water 1.4 SUBMITTALS A. Product Data: For pipe, tube, fittings, and couplings. B. Shop Drawings: For sovent drainage system, include plans, elevations, sections, and details. C. Field Test Reports: Evaluate and interpret test results for compliance with performance requirements. 1.5 QUALITY ASSURANCE A. Piping materials shall bear label, stamp, or other markings of specified testing agency. PART 2- PRODUCTS 2.1 PIPING MATERIALS A. Refer to Part 3 "Piping Applications" Article for applications of pipe, tube, fitting, and joining materials. B. Flexible Transition Couplings for Underground Nonpressure Piping: ASTM C 1173 with elastomeric sleeve. Include ends of same sizes as piping to be joined and include corrosion - resistant metal band on each end. 2.2 UNDERGROUND PVC SCI IEDULE 40 SOIL AND WASTE PIPING —Use the following: A. NPS2 and NPS 15: PVC pipe, PVC socket fittings and solvent cementjoints. 1. PVC Socket Fittings: ASTM D2665, socket type, comply with ASTM D3311 drain and waste. 2. Handling of Solvent Cements, Primers and Cleaners: Comply with ASTM F402 for safe handling during joint of plastic pipe fittings. SANITARY WASTE AND WENT PIPING Collier County .fail Renovations Rid Set - Ianuury 19, 2007 A /1: Project No. 60002644MV /, 15150 -1 M PART 3 - EXECUTION 3.1 PIPING INSTALLATION A. Refer to Division 15 Section "Basic Mechanical Materials and Methods" for basic piping installation. B. Install cleanouts at grade and extend to where building sanitary drains connect to building sanitary sewers. C. Make changes in direction for soil and waste drainage piping using appropriate branches, bends, and long -sweep bends. Sanitary tees and short-sweep 1/4 bends may be used on vertical stacks if change in direction of flow is from horizontal to vertical. Use long -turn, double Y- branch and 1/8-bend fittings if 2 fixtures are installed back to back or side by side with common drain pipe. Straight tees, elbows, and crosses may be used on vent lines. Do not change direction of flow more than 90 degrees. Use proper size of standard increasers and reducers if pipes of different sizes are connected. Reducing size of drainage piping in direction of flow is prohibited. D. Lay buried building drainage piping beginning at low point of each system. Install true to grades and alignment indicated, with unbroken continuity of invert. Place hub ends of piping upstream. Install required gaskets according to manufacturer's written instructions for use of lubricants, cements, and other installation requirements. Maintain swab in piping and pull past eachjoint as completed. E. Install soil and waste drainage piping at the following minimum slopes, unless otherwise indicated: 1. Building Sanitary Drain: 2 percent downward in direction of flow for piping NPS 3 and smaller; I percent downward in direction of flow for piping NPS 4 and larger. 2. Horizontal Sanitary Drainage Piping: 2 percent downward in direction of flow. 3. Vent Piping: 1 percent down toward vertical fixture vent or toward vent stack. F. Do not enclose, cover, or put piping into operation until it is inspected and approved by authorities havingjurisdiction. 3.2 JOINT CONSTRUCTION A. Refer to Division 15 Section 'Basic Mechanical Materials and Methods" for basic piping joint construction. 3.3 VALVE INSTALLATION A. Refer to Division 15 Section "Valves" for general -duty valves. I . Use gate or full -port ball valve for piping NPS 2 and smaller. 2. Use gate valve for piping NPS 2-1/2 and larger. 3.4 CONNECTIONS A. Drawings indicate general arrangement of piping, fittings, and specialties. B. Connect drainage and vent piping to the following: SANITARY WASTE AND VENT PIPING 15150 -2 Collier County Jail Renovations Did Set— January 19, 2007 NE Project No. 60002644.0007 111 MML Plumbing Specialties: Connect drainage piping in sizes indicated, but not smaller than required by plumbing code. Refer to Division 15 Section "Plumbing Specialties." 3.5 FIELD QUALITY CONTROL A. During installation, notify authorities having jurisdiction at least 24 hours before inspection must be made. Perform tests specified below in presence of authorities having jurisdiction. 1. Final Inspection: Arrange for final inspection by authorities having jurisdiction to observe tests specified below and to ensure compliance with requirements. B. Reinspection: If authorities having jurisdiction find that piping will not pass test or inspection, make required corrections and arrange for reinspection. C. Reports: Prepare inspection reports and have them signed by authorities having jurisdiction. D. Test sanitary drainage piping according to procedures of authorities having jurisdiction or, in absence of published procedures, as follows: 1. Test for leaks and defects in new piping and parts of existing piping that have been altered, extended, or repaired. If testing is performed in segments, submit separate report for each test, complete with diagram of portion of piping tested. 2. Leave uncovered and unconcealed new, altered, extended, or replaced drainage and vent piping until it has been tested and approved. Expose work that was covered or concealed before it was tested. 3. Roughing -in Plumbing 'I est Procedure: Test drainage piping, except outside leaders, on completion of roughing -in. Close openings in piping system and fill with water to point of overflow, but not less than 10 -foot head of water. From 15 minutes before inspection starts to completion of inspection, water level must not drop. Inspect joints for leaks. 4. Repair leaks and defects with new materials and retest piping, or portion thereof, until satisfactory results are obtained. 5. Prepare reports for tests and required corrective action. 3.6 CLEANING A. Clean interior of piping. Remove dirt and debris as work progresses. B. Protect drains during remainder of construction period to avoid clogging with dirt and debris and to prevent damage from traffic and construction work. C. Place plugs in ends of uncompleted piping at end of day and when work stops. END OF SECTION 15150 SANITARY WASTE AND VENT PIPING Collier County Jail Renovations Bid Set— January 19, 2007 AT Project No. 00002644.0007 15150 -3 10D SECTION 15430 - PLUMBING SPECIALTIES PARTI - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 RELATED WORK A. Basic Mechanical Material and Methods. 1.3 PERFORMANCE REQUIREMENTS A. Provide components and installation capable of producing piping systems with following minimum working- pressure ratings, unless otherwise indicated: 1. Domestic Water Piping: 100 psig. 2. Sanitary Waste Piping: 10 -foot head of water. 1.4 SUBMITTALS A. Product Data: Include rated capacities and shipping, installed, and operating weights. Indicate materials, finishes, dimensions, required clearances, and methods of assembly of components; and piping and wiring connections for the following: 1. Cleanouts. 2. Sleeve penetration systems. 1.5 QUALITY ASSURANCE A. Product Options: Drawings indicate size of plumbing specialties and are based on the specific system indicated. B. Plumbing specialties shall bear label, stamp, or other markings of specified testing agency. C. ASME Compliance: Comply with ASME B31.9, for piping materials and installation. PART2- PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Products: Subject to compliance with requirements, provide one of the products specified. 2. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. PLUMBING SPECIALTIES 15430 -1 Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 10D 2.2 CLEANOUTS A. General: Size cleanouts as indicated on drawings, or where not indicated, same size as connected drainage piping except where indicated otherwise. B. Cleanouts: ASME Al 12.36.2M, cast -iron body with straight threads and gasket seal or taper threads and bronze closure plug. Cleanouts installed in floors above grade shall have flashing flange and clamping ring. Cleanouts for installation in floors not having membrane waterproofing may be furnished without clamping ring. C. Cleanout (Exterior): 1. Description: cast iron floor ceanout with adjustable housing, bronze closure plug and round heavy -duty scoriated cast iron cover secured with vandalproof screws. 2. Prototype: Zuni Z -1474 with Zorn 21400. 2.3 FLOOR DRAINS A. General: Size outlets as indicated on drawings. B. Floor Drains: ASME Al 12.21.1M, cast -iron body, with seepage flange and clamping device. Floor drains for installation in floors not having membrane waterproofing may have seepage flange without clamping device. Floor drains for use as area drains in exterior slab on grade may be furnished with anchor flange instead of seepage flange and clamping device. C. Floor Drain, (Interior, Unfinished and Finished Floor Areas): 1. Description: Two piece body with double drainage flange, invertible non- puncturing flashing collar with weep holes, bottom outlet, and adjustable 8' (2001nm) diameter light duty nickel bronze strainer. 2. Prototype: Zunt ZN- 415 -8B. PART 3 - EXECUTION 3.1 INSTALLATION A. Refer to Division 15 Section 'Basic Mechanical Materials and Methods" for piping joining materials, joint construction, and basic installation requirements. B. Install cleanouts in underground piping and building drain piping according to the following, unless otherwise indicated: I. Size same as drainage piping up to NPS 4. Use NPS 4 for larger drainage piping unless larger cleanout is indicated. 2. Locate at each change in direction of piping greater than 45 degrees. 3. Locate at minimum intervals of 50 feet for piping NPS 4 and smaller and 100 feet for larger piping. 3.2 CONNECTIONS A. Piping installation requirements are specified in other Division 15 Sections. Drawings indicate general arrangement of piping, fittings, and specialties. PLUMBING SPECIALTIES 15430 -2 Collier County ]ail Renovations Bid Set — January 19, 2007 NE Project No. 60002644A007 L70 10D 1-1 B. Install piping adjacent to equipment to allow service and maintenance. 3.3 PROTECTION A. Protect drains during remainder of construction period to avoid clogging with dirt and debris and to prevent damage from traffic and construction work. B. Place plugs in ends of uncompleted piping at end of each day or when work stops. END OF SECTION 15430 PLUMBING SPECIALTIES Collier County Jail Renovations Bid Set — January 19, 2007 A/E Project No. 60002644.0007 M1911M, 11 PROJECT MANUAL FOR COLLIER COUNTY JAIL RENOVATIONS NAPLES, FLORIDA VOLUME 2 BID SET — JANUARY 19, 2007 A/E Project No. 60002644.0007 Spillis Candela DMJM Architecture Engineering Planning Interiors 800 Douglas Entrance North Tower Coral Gables, Florida 33134 51 10D DIVISION 1 SECTION 01010 SUMMARY OF WORK PAGE 1 PART GENERAL 1.01 RELATED COCUMENTS A. Drawings and general provision of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of the following construction work for the Collier County Government, Naples, Florida: "Stucco and Window Replacement for the Naples Jail Center' defined by the Drawings and Specification as prepared by SchenkelShultz Architects, 2640 Golden Gate Pkwy, Suite 112, Naples, Florida 34105. Phone (239) 434 -2400, Fax (239) 434 -2133. Completely remove all of the security windows in the existing jail. Furnish and install new steel security windows in same openings. 2. Remove the stucco and metal corner beads, control joints and casing beads from the existing exterior walls as shown on the Drawings and as determined to a unsound. Thoroughly clean the CMU walls of all silt, grout and other debris that would interfere with the installation of specified new finish work. 3. Furnish and install the insulation. PVC lath and PVC accessories and apply new cement plaster stucco in accordance with Section 09220 and as shown on the drawings. 4. Install joint sealant in accordance with Section 07900. 5. Thoroughly pressure clean the wall surfaces that were not reworked and paint the entire building exterior wall surfaces in accordance with Section 09900. 1.03 SCOPE A. All construction must conform to all applicable structural, architectural, electrical, civil and mechanical requirements outlined in the Contract Documents and comply with all applicable federal, state and local codes, regulations and requirements B. It is the intent of the Contract Documents to have all Contractors provide a completely finished product. C. Each Contractor shall provide all materials; labor, equipment and supervision necessary to furnish and install all work as specified, identified or located on the Drawings and Specifications. D. Contractors shall stage all equipment and materials, as directed by the Construction Manager. E. It is mandatory that each Contractor protect all installed work wthin and adjacent to their work. NAPLES JAIL CENTER 9819.014 owl DIVISION 1 SECTION 01010 SUMMARY OF WORK PAGE 2 F. All material and equipment will be protected prior to installation, so as to prevent injury to workers and the general public. G. All areas of work that are incomplete will be barricaded and protected at the end of the work day. H. Each individual contractor will coordinate on a daily basis with all other contractors. Any contactor repeatedly being absent from site, or delinquent in performing scope of contractor and impairing the ability of other contractors to perform their work, will be removed from the project, as outlined in the General Conditions and Supplementary General Conditions. 1.04 AWARD OF CONTRACT A. The Owner reserves the right to reject any or all bids received and will consider each bid item submitted by the Bidders, and evaluate if any bid item impacts the overall Project. B. See Division 0, Instructions to Bidders, for additional information. 1.05 SCHEDULE OF BID ITEM RESPONSIBILITIES A. The Drawings and Specifications as furnished for this Contract are for the sole purpose of the Construction Manager in preparing a proposal for this Project. The Construction Manager is responsible to review the complete set of Drawings and Specifications to assure that Work required to be installed is complete and all Work is included in his proposal. Where a specific item of Work is not defined, but is normally inherent to a trade, or is included in the scope of the applicable technical section, it will be the responsibility of that Contractor to include the Work in his proposal. B. Where specific Work is to be completed under a particular phase of the Project and the Work is not wholly or partially completed by other trades because of the type of Work involved or jurisdictional trade agreements, the Construction Manager will be responsible to subcontract the Work as necessary to complete the Work included in his Contract. No delay in the Work will be allowed due to the failure of the Contractor to subcontract related work required by jurisdictional trade agreements. 1.06 WARRANTIES A. Collier County Department of Facilities Management requires a minimum warranty of TWO YEARS for all Work on the project. B. Final payments shall be withheld until full and complete warranties have been received by the Construction Manager. END OF SECTION 01010 NAPLES JAIL CENTER 9819.014 I 10D DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with the work of this section. B. All work to be done under this section must be coordinated with the Collier County Sheriffs Office, 1.02 SCOPE A. This Section includes the following. 1. Removal and demolition of exterior stucco, including all metal comer and expansion beads, control joints and casing beads as shown on the drawings and described herein. 2. Removal and demolition of existing security windows in the existing Jail, metal trim and joint sealant 1 Removal and disposal of designated hollow metal doors and frames. 4. Removal and demolition of the existing aluminum cap flashing as shown on the drawings. 5. Disconnecting, temporary storing and reinstalling security cameras, motion sensors and other security devices including associated conduit and cabling as shown on the drawings. 6. Disconnecting capping and restoring designated utility lines. 7. Disconnecting and removal of designated abandoned utility lines. 8. Protection of existing trees plants and shrubbery in, around and adjacent to the demolition work. If necessary, the contractor shall remove and relocate the plantings to a designated location, protect them and re -plant them in their present location at the conclusion of the completion of the Proiect. B. Related Sections - The following Sections contain requirements that relate to this Section. 1. Division 1 Section "Schedules and Reports" for demolition schedule requirements. 2. Division 1 Section 01500 "Construction Facilities and Temporary Controls" for temporary utilities, temporary construction and support facilities, temporary security and protection facilities, and environmental protection measures for demolition operations. 3. Division 1 Section 01700 "Contract Closeout" for record document requirements. 1.03 DEFINITIONS NAPLES JAIL CENTER 9819.014 NJ DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 2 A. Remove - Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage - Items indicated to be removed and salvaged remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Identify contents of containers and deliver to Owner's designated storage area. C. Remove and Reinstall - Remove items indicated; clean, service, and otherwise prepare them for reuse; store and protect against damage. Reinstall items in original positions or locations as indicated on the drawings and /or as directed by the Owner. 1.04 MATERIALS OWENRSHIP A. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractors property and shall be removed from the site with further disposition at the Contractor's option. B. Historical items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other of interest or value to the Owner, which may be encountered during demolition, remain the Owner's property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to the Owner. 1.05 SUBMITTALS A. General - Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections, for information only, unless otherwise indicated. B. Proposed dust - control measures. C. Proposed noise - control measures. D. Schedule of demolition activities indicating the following. 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. 2. Dates for shutoff, capping, and continuation of utility services. E. Inventory of items to be removed and salvaged. F. Inventory of items to be removed by Owner. G. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by demolition operations. H. Record drawings at Project closeout according to Division 1 Section "Contract Closeout ". 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions and place concrete surveyors monuments with identification labels at NAPLES JAIL CENTER 9819.014 4 10D DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 3 locations of each. Show location and legend of identification marks on dimensioned record drawing. This document is to be in electronic as well as hard copy format. 2. Retain record submittal below if applicable. Landfill records may be required by Owner when discarded demolished materials contain hazardous wastes. 1. Landfill records for record purposes indicating receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes, if any encountered. 1.04 QUALITY ASSURANCE A. Demolition Firm Qualifications - Engage an experience firm that has successfully completed demolition Work similar to that indicated for this Project B. Regulatory Requirements - Comply with governing EPA notification regulations before starting demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Predemolition Conference - Conduct conference at Project site to comply with preinstallation conference with the Owner, Construction Manager and Architect. 1.05 PROJECT CONDITIONS A Occupancy — Owner will occupy portions of the building immediately adjacent to areas of selective demolition. Conduct selective demolition work in manner that will minimize need for disruption of Owners normal operations. Provide minimum of 72 hours advance notice to Owner of demolition activities that will affect Owners normal operations. Contractor is to coordinate all work with Architect. B. Buildings to be demolished will be vacated and their use discontinued before start of Work. C. Owner assumes no responsibility for actual condition of buildings to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. D. Asbestos - It is not expected that asbestos will be encountered in the course of this Contract If any materials suspected of containing asbestos are encountered, do not disturb the materials. Immediately notify the Architect and the Owner. Asbestos is not expected to be found on the premises. E_ Permanent storage or sale of removed items or materials on -site will not be permitted. 1.08 SCHEDULING A. Arrange demolition schedule so as not to interfere with Owner's on -site operations. The hours of operation for demolition activities will be limited to days only from the hours of 7:00 am to dusk. No night operations may take place. NAPLES JAIL CENTER 9819.014 DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 4 PART PRODUCTS 2.01 SOIL MATERIALS A. Obtain approved borrow soil materials off -site when sufficient satisfactory soil materials are not available on -site. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that utilities have been disconnected and capped. 9 B. Survey existing condition and correlate with requirements indicated to determine extent of demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. D. Survey the condition of the building to determine whether removing any element might result in a structural deficiency or unplanned collapse, of any portion of the structure of adjacent structures during demolition. E. Perform surveys as the Work progresses to detect hazards resulting from demolition activities. K100AEW dIIlim&*I3:�t9x.9 A. Maintain existing utilities indicated to remain in service and protect them against damage during demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities and security devices, as acceptable to Owner and to governing authorities. B. The contractor in coordination with the Owner will arrange for disconnecting and sealing indicated utilities serving structures to be demolished before start of demolition work. C. Utility Requirements - Locate, identify, disconnect, and seal or cap off indicated utility services serving structures to be demolished. 1. The contractor in coordination with the Owner will arrange to shut off indicated utilities with utility companies. NAPLES JAIL CENTER 9819.014 �,:�y l o I DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 5 D. Utility Requirements -Refer to the drawings for shutting off, disconnecting, removing, and sealing or capping utility services. Do not start demolition work until utility disconnecting and sealing have been completed. 3.03 PREPARATION A. Drain, purge, or otherwise remove, collect, and dispose of chemicals, gases, explosives, acids, flammables, or other dangerous materials before proceeding with demolition operations. B. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. C. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around demolition area. 1. Erect temporary protection, such as walks, fences railings, canopies and covered passageways, where required. ° 2. Protect existing site improvements, appurtenances, and landscaping to remain. E. Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent movement, settlement, or collapse of adjacent buildings to remain. 1. Strengthen or add new supports when required during progress of demolition. 3.04 EXPLOSIVES A. Explosives - Use of explosives will not be permitted. 3.05 POLUTION CONTROL A. Use water mist, temporary enclosures, and other suitable methods to limit the spread of dust and dirt. Comply with governing environmental protection regulations. , 1. Do not create hazardous or objectionable conditions, such as flooding, and pollution, when using water. B. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. C. Clean adjacent buildings and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing before start of demolition. 3.06 SELECTIVE DEMOLITION NAPLES JAIL CENTER 9819.014 ,t 10 DIVISION 2 SECTION 02060 SELECTIVE DEMOLITION PAGE 6 A. Selective Building Demolition - Demolish designated work completely and remove from the site. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Locate demolition equipment throughout the building and remove debris and materials as so not to impose excessive loads of supporting walls, or framing. 2. Dispose of demolished items and material promptly. On site storage or sale of removed items is prohibited. 3. Demolish stucco in small sections and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. B. If unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict Submit report to Owner's Representative in written, accurate detail. Pending receipt of directive from Owner's Representative, rearrange selective demolition without undue delay. 3.07 DISPOSAL OF DEMOLSIHED MATERIALS A. General - Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on -site. B. Burning - Do not bum demolished materials. C. Disposal -Transport demolished materials off Owner's property and legally dispose of them. 3.08 CLEANUP AND REPAIR A. General — Upon completion of demolition work, remove tools equipment, and demolished materials from site. Remove protections and leave interior areas broom clean. 1. Repair demolition performed in excess of that required. Return elements of construction and surfaces that remain to condition existing prior to start operations_ Repair adjacent construction or surfaces soiled or damaged by selective demolition work. END OF SECTION 02060 NAPLES JAIL CENTER 9819.014 16 r- 10 DIVISION 6 SECTION 06114 ROUGH CARPENTRY PAGE 1 PART1 GENERAL 1.01 SCOPE A. Include all rough carpentry, temporary enclosures, preservative treatment of wood and exterior wall sheathing. B. Wood furring, grounds, nailers, and blocking. 1.02 RELATED SECTIONS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Division. B. Section 07212 — Building Insulation. C. Section 07620 — Sheet Metal Flashing and Trim. C. Section 09220 — Portland Cement Plaster Stucco. 1.03 REFERENCES A. ALCS — American Lumber Standards Committee— Softwood Lumber Standards. B. APA— American Plywood Association. C. AWPA — (American Wood Preservers Association) C20 — Structural Lumber Fire Retardant Treatment by Pressure Process. D. WCLIB —West Coast Lumber Inspection Bureau. E_ WWPA— Western Wood Products Association. F. SPIB — Southern Pine Inspection Bureau. G. ASTM E84 - Test Method for Surface Burning Characteristics of Building Materials. H. UL — Underwriters Laboratories. L Conflicting Requirements — In the event of conflict between pertinent codes and regulations and the requirements of the referenced standards or the specifications, the more stringent provisions shall govern. 1.04 SUBMITTALS A. Submit under provisions of Division 1. B. Product Data — Provide technical data on wood preservative materials and application instructions for each type specified include certification by treating plant stating chemicals and process used, net NAPLES JAIL CENTER 9819.014 10D f DIVISION 6 SECTION 06114 ROUGH CARPENTRY PAGE 2 amount of preservative retained and conformance with applicable standards. C. Water -Bome Preservatives - Include statement that moisture content of treatment materials was reduced to a maximum of 15 percent prior to shipment to project site. D. Fire - Retardant Treatment — Include certification by treating plant that treatment material complies with governing ordinances and that treatment will not bleed through finished surfaces. 1.05 QUALITY ASSURANCE A Perform Work in accordance with the following agencies. 1. Lumber Grading Agency— Certified by ALSC. 2. Plywood Grading Agency —Certified by APA B. Rejection — In the acceptance or rejection of rough carpentry, no allowance will be made for lack of skill on the part of the workmen. C. Coordination — Fit carpentry work to other work; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds and similar supports to allow proper attachment of other work. PART2 PRODUCTS i ;iS�lI1�1S� A General — Furnish seasoned dimension lumber dressed to nominal sizes indicated with 19 percent maximum moisture content at time of dressing, marked "S -DRY". Comply with dry size requirements of PS20. 1. Dress — Surfaced 4 sides (S4S) unless otherwise indicated. B. Framing Lumber — Species — Douglas Fir or Hem -Fir (W WPA or WCLIB), or Southern Pine (SPIB), unless otherwise indicated. 1. Light Framing — 2 inches through 4 inches thick, less than 6 inches wide — Standard and Better grade, except Stud grade for stud framing. 2. Structural Framing — 2 inches through 4 inches thick, 6 inches wide and wider — Number 2 grade. C. Board Lumber— Less than 2 inches thick. 1_ Exposed Board Lumber, for Paint Finish — Southern Pine Number 1 (SPIC), Douglas Fir 2 Common (WWPA) or Select Merchantable (WCLIB). 2. Concealed Board Lumber — Southern Pine Number 3 (SPIB), any species Number 4 (WWPA) or any species Standard (WCLIB). NAPLES JAIL CENTER 9819.014 100 DIVISION 6 SECTION 06114 ROUGH CARPENTRY PAGE 3 D. Miscellaneous Lumber — Standard grade, Number 3 grade, or better grade of the following species unless otherwise indicated. 1. Nailers and Blocking — Douglas Fir, Hem -Fr, Idaho White Pine or Southern Pine. 2. Furring — Spruce or Hem -Fir, except Douglas Fir or Southern Pine for furring required to receive preservative treatment. 2.02 PLYWOOD A. Sheathing, Subflooring, Security Wall Application — APA RATED SHEATHING, EXPOSURE 1. Furnish APA PS 1 veneered panels, with span ratings for the required thicknesses as listed below unless otherwise indicated. Thickness Span Rating 3/8 inch 2410 / inch 32/16 518 inch 40/20 % inch 48/24 2.03 MISCELLANEOUS MATERIALS A. Asphalt Felt— 30if Asphalt - saturated felt, without perforations, complying with ASTM D226. B. All concealed lumber within the facility to be fire - retardant treated. C. Other— Identify all other materials of this section by the appropriate stamp of the agency listed in the referenced standards, or by such other means as are approved in advance by the Architect. 2.04 ACCESSORIES A. Fasteners and Anchors. 1. Fasteners — Hot - dipped galvanized steel for high humidity and treated wood locations, unfinished steel elsewhere. 2. Anchors — Expansion shield and lag bolt type for anchorage to solid masonry or concrete. 2.05 FACTORY WOOD TREATMENT A. Fire Retardant — AWPA Treatment C20, Exterior and Interior Type, chemically treated and pressure impregnated; capable of providing a maximum flame spread /smoke development rating of not more that 25 when tested in accordance with UL Test 723 or ASTM E84, and show no increase in flame NAPLES JAIL CENTER 9819.014 10D DIVISION 6 SECTION 06114 ROUGH CARPENTRY PAGE 4 spread and significant progressive combustion upon continuation of test for additional twenty minutes. B. Wood Preservative Pressure Treatment — AWPA Treatment C1 using water borne preservative with 0.15 percent retainage. Treat indicated items and the following. 1. Wood cants, nailers, curbs, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2. Wood sills, sleepers, blocking furring, stripping, and similar concealed members in contact with masonry or concrete. 3. Wood framing members less than 18 inches above grade. C. Wood Preservative Treatment -Where lumber or plywood is indicated as'Tet -ND" or "Treated", or is specked herein to be treated, comply with the applicable requirements of the AWPA Standards CI (lumber) and C9 (plywood) and of AWPB Standards. Mark each treated item with the AWPB Quality Mark requirements. D. Inspect each piece of treated lumber or plywood after drying and discard damaged or defective pieces. PART 3 EXECUTION Me Msi7_ r1S1P[c7 A Set members level and plumb, in correct position. B. Place hor'¢ontal members flat, crown side up. i�ry�y;ly��I�[e7 A Secure sheathing to framing members with ends over firm bearing and staggered. B. Place 30ff felt over plywood sheathing at the furred -in piping, conduit and in back of the PVC lath and accessories to prevent moisture penetration. 3.03 SITE APPLIED WOOD TREATMENT A. Apply preservative treatment in accordance with manufacturer's instructions. B. Brush apply one coat of preservative treatment on wood in contact with cementitious materials and roofing and related metal flashings. Treat all site -sawn cuts. NAPLES JAIL CENTER 9819.014 10D DIVISION 6 SECTION 06114 ROUGH CARPENTRY PAGE 5 3.04 SCHEDULES A. Wood Blocking — Douglas Fir Hemlock, Construction Grade. B. Machine Bolts — ASTMA307. G. Lag Bolts —Federal Specification FF -13-561. H. Common (except as noted or specified herein) - Federal Specifications FF -N -1 -1 (use galvanized at all exterior locations). I. Other Materials — All other materials, not specifically described but required for a complete and proper installation of the work of this Section, shall be new, suitable for the intended use, first quality of their respective kinds and subject to the approval of the Architect. 3.05 SURFACE CONDITIONS A. Inspection. 1. Prior to all work of this Section, carefully inspect the installed work of all other trades and certify i that all such work is complete to the point where this installation may properly commence. 2. Verify that all rough carpentry work may be performed and/or installed in accordance with the original design, all pertinent codes and regulations, and the reference standards. 3.06 WORKMANSHIP A. Selection of lumber pieces. 1. Carefully select all members. Select individual pieces so that knots and obvious defects will not interface with placing bolts or proper nailing or making proper connections. 2. Cut out and discard all defects which will render a piece unable to serve its intended function. Lumber may be rejected by the Architect, whether or not it has been installed, for excessive warp, twist, bow, crook, mildew, fungus, or mold, as well as for improper cutting and fitting. B. Shimming —Do not shim any framing component. 3.07 CLEANING A. In addition to conforming to the requirements of Section 01700 — Contract Closeout of these specifications, during the progress of this portion of the work all work areas shall be kept neat, clean and orderly. END OF SECTION 06114 NAPLES JAIL CENTER 9819.014 10D DIVISION 7 SECTION 07210 EXTRUDED POLYSTYRENE INSULATION PAGE 1 PART 1 GENERAL 1.01 SCOPE A. Provide Extruded Polystyrene insulation on the exterior walls as detailed and shown on drawings. 1.02 RELATED SECTIONS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Division. B. Section 09206 — PVC Lath and Accessories. C. Section 09220 — Portland Cement Plaster and Stucco. 1.03 REFERENCES A. ASTM C272 -Test for Water Absorption. B. ASTM C421 -83 -Test for Weight Loss. C. ASTM C518 -Test for Thermal Conductivity. D. ASTM C578 — Specifications for rigid, Cellular Polystyrene Thermal Insulation. E. ASTM D1621 -Test for Compressive Strength. F. ASTM E84 -Test for Burning Characteristics. G. ASTM E96 - Test Method for Water Vapor Transmission of Materials. H. ASTM E119 -Test methods for fire tests of building construction and materials. L Conflicting Requirements - In the event of conflict between pertinent reference standards or the specifications, the more stringent provisions shall govern. 1.04 PRODUCT HANDLING A. Protection. 1. Deliver materials to be job site and store in a safe dry place with all labels intact and legible at the time of installation. 2. Use all means necessary to protect the materials of this Section before, during, and after installation and to protect the work and materials of all other trades. NAPLES JAIL CENTER 9819.004 H DIVISION 7 SECTION 07210 EXTRUDED POLYSTYRENE INSULATION PAGE 2 B_ Replacements - In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no additional cost to the Owner. 1.05 SUBMITTALS A. Submit under provisions of Division 1. B. Product Data - Provide data on product characteristics, performance criteria, and limitations. C. Manufacturer's Installation Instructions - Submit method for mechanically fastening insulation to the existing CMU substrate. D. Manufacturer's Certificate - Certify that products meet or exceed specified requirements. 1.06 COORDINATION A. Coordinate work under provisions of Division 1. _ 1.07 QUALITY ASSURANCE A. Replacements - In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no additional cost to the Owner. B. Rejection - In the acceptance or rejection of board insulation, no allowance will be made for lack of skill on the part of the workmen. PART2 PRODUCTS 2.01 MANUFACTURERS — EXTRUDED POLYSTYRENE INSULATION A. Dow Chemical. B. Owens Corning C. Substitutions - Under provision of Division 1. 2.02 INSULATION MATERIALS— EXTRUDED POLSTYRENE INSULATION A. Polystyrene Insulation — ASTM C578 Type VI extruded cellular type, with the following minimum properties. 1. Thermal Conductivity — Five -year aged average "R" value of 5.4 (1 inch thickness)(at 40° F mean temperature) when tested in accordance with ASTM C518. 2. Compressive Strength — 40 psi average when tested in accordance with ASTM D1621. 3. Water Absorption — 0.3 percent average when tested in accordance with ASTM C272_ NAPLES JAIL CENTER 9819.004 J 100 DIVISION 7 SECTION 07210 EXTRUDED POLYSTYRENE INSULATION PAGE 3 4. Water Vapor Permeability — 1.1 pens (maximum) when tested in accordance with test method ASTM E96. 5. Maximum Weight Loss — 0.5 percent when tested in accordance with ASTM C421 -83. 6. Surface Burning Characteristics — Flame spread of 5 and smoke developed of 45 — 175 when tested in accordance with ASTM EB4. 7. Edge Shape —All edges square. B. Adhesive —NOT ACCEPTABLE C_ Mechanical Anchors - Type and size shown or, if not shown, as recommended by the insulation manufacturer for the type of application shown and condition of substrate. D. Vapor Barrier -Polyethylene sheeting; ASTM D4397; 6 mil minimum thickness, 3.7 g1mz per 24 hour maximum water vapor. 2.03 OTHER MATERIALS A. Sheet Vapor Retarder Type 1 -Black polyethylene film for above grade application, 10 mil thick. B. Tape - Bright aluminum self- adhering type, mesh reinforced, 2 inches wide. C. Insulation Fasteners - Impaling clip of galvanized steel with washer retainer and clips, to be mechanically fastened to surface to receive board insulation, length to suit insulation thickness and substrate, capable of securely and rigidly fastening insulation in place. D. Protective Boards - Cementitious'% inch thick, containing no asbestos. E. All other materials not specifically described but required for a complete and proper installation of the work of this Section, shall be new, first quality of their respective kinds, as selected by the Contractor subject to the approval of the Architect PART 3 EXECUTION 3.01 EXAMINATION A Verify site conditions under provisions of Division 1. B. Verify that substrate, adjacent materials, and insulation boards are dry and ready to receive insulation. C. Discrepancies. 1. In the event of a discrepancy, immediately notify the Architect. NAPLES JAIL CENTER 9819.004 100 DIVISION 7 SECTION 07210 EXTRUDED POLYSTYRENE INSULATION PAGE 4 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.02 INSTALLATION —EXTRUDED POLYSTYRENE INSULATION A. Comply with manufacturer's printed instructions for the particular conditions of installation in each case. If printed instructions are not available or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. B. Extend insulation full thickness over entire surface to be insulated. Apply a single layer of insulation of the required thickness, unless otherwise indicated or required to make up the total thickness. Cut and fit tightly around obstructions, and fill voids with insulation. 1. Do not place insulation over, or within 3 inches of surfaces or equipment which will exceed 165 degree F temperatures. C. Cut and fit the insulation tight to protrusions or interruptions to the insulation plane. E. Prevent insulation from being displaced or damaged while placing vapor retarder. 3.03 PROTECTION OF FINISHED WORK A Protect finished Work under provisions of Division 1. B. Do not permit Work to be damaged prior to placing specified finish surface. END OF SECTION 07212 NAPLES JAIL CENTER 9819.004 100 "'.; DIVISION 7 SECTION 07620 ROOFING, SHEET METAL FLASHING AND TRIM PAGE 1 PART 1 GENERAL 1.01 SCOPE A The existing sheet metal wall cap flashings are to be removed in conjunction with the stucco demolition work. The Contractor shall make sure the building is watertight during the removal of the stucco, the placement of polystyrene insulation, lath installation and placing new stucco over the exterior of the building all as shown on the drawings and specified herein. B. Upon completion of the stucco repairs, provide new wall, roof and lintel flashings and counter flash over base flashing to provide a complete watertight secure building. Provide a two year written warranty for the entire installation. 1.02 RELATED DOCUMENTS A. Drawings and general provision of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 04300 — Unit Masonry. C. Section 06114 — Rough Carpentry. D. Section 07900 — Joint Sealers. E. Section 09220 — Portland Cement Stucco. 1.03 REFERENCES A. ASTM B209 - Aluminum and aluminum -alloy sheet and plate. B. ASTM B32 - Solder Metal. C. ASTM 8486 - Paste Solder. D. SMACNA - Architectural Sheet Metal Manual. E. ASTM C177 — Asphalt Primer Used in Roofing, Dampproofing and Waterproofing. F. ASTM D312 — Asphalt Used in Roofing. G. ASTM D2178 — Asphalt Impregnated Glass (Felt) Mat Used in Roofing and Waterproofing. H. NRCA (National Roofing Contractors Association) — Roofing and Waterproofing Manual. I. FM — Roof Assembly Classifications. NAPLES JAIL CENTER 9819.014 10D i DIVISION 7 SECTION 07620 ROOFING, SHEET METAL FLASHING AND TRIM PAGE 2 1.04 DESIGN REQUIREMENTS A. Sheet Metal Flashings - Conform to SMACNA "Architectural Sheet Metal Manual ". Maintain one copy of document on site. B. Conform with ANSUSPRI ES -1 1998 Testing Procedure. C. Conform with NRCA — National Roofing Contractors Association. 1.05 SUBMITTALS A. Submit under provisions of Division 1. B. Shop Drawings - Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details, with dimensions. C. Samples - Submit two samples illustrating typical external corner, internal comer, junction to vertical dissimilar surface, material and finish. D. Submit two samples, 12 x 12 inches in size, illustrating metal finish color. E. Submit data on finish composition, color charts for color selection. F. Product Data — Provide membrane materials, base flashing materials, vapor retarders and protective coating- G. Manufacturer's Installation Instructions. H. Manufacturers Certificate — Certify that products meet the requirements of the proposed roofing and sheet metal installation shown on the drawings and specified herein. L Manufacturers Field Reports — Submit under provisions of Divisionl (Indicate procedures followed, ambient temperatures and wind velocity during application. 1.06 QUALITY ASSURANCE A. Perform work in accordance with all Referenced Standards and as shown and detailed on the Drawing Details, requirements and specified herein. 1.07 QUALIFICATIONS A. Fabricator and Installer - Company specializing in sheet metal and flashing work with a minimum of ten (10) years documented experience. B. Roof Installer — Company specializing in installing asphalt sheet roofing and flashing work with a minimum of ten (10) years documented experience. NAPLES JAIL CENTER 9819.014 100 DIVISION 7 SECTION 07620 ROOFING, SHEET METAL FLASHING AND TRIM PAGE 3 1.08 PRE - INSTALLATION MEETING A. Section 01039 — Project Meetings - Preconstruction Conference. B. Convene minimum one week prior to commencing Work of this section. 1.09 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site under provisions of Division 1. B. Stack preformed and pre - finished material to prevent twisting, bending, or abrasion, and to provide ventilation. Store materials under cover on site. C. Prevent contact with the elements and any materials which may cause discoloration or staining. 1.10 COORDINATION A. Coordinate work under provisions of Division 1. B Coordinate with the work the previously listed sections of the specifications and as required to — maintain the existing roofs integrity during the stucco repair work activities. PART PRODUCTS 2.01 GENERAL SHEET METAL MATERIALS — WALL CAP FLASHING A. Equal to MM Systems SNAP -LOK COPING SYSTEM in widths to match wall thicknesses. The metal gauges shall be determined by wind uplift requirements. B. Provide manufacturers standard trim sections. C. Color shall be selected from the manufacturer's standard colors and /or matching existing that is to remain on the existing building. D. Roofing and base flashing materials shall match, or be compatible existing roofing materials. 2.03 SHEET METAL COUNTERFLASHINGS A. Provide formed counterflashing, and fastening devices or receivers for equipment curbs or rails furnished without cap flashings. B. Fabricate to suit installation and to extend required distance over base flashing. C. Miter corners and solder or weld as applicable. NAPLES JAIL CENTER 9819.014 l` 100 DIVISION 7 SECTION 07620 ROOFING, SHEET METAL FLASHING AND TRIM PAGE 4 2.04 ACCESSORIES A. Fasteners -Same material and finish as flashing metal with soft neoprene washers. B. Underlayment -ASTM D4397, 10 mil polyethylene. C. Slip Sheet- Rosin sized building paper. D. Primer - Zinc molybdate type. E. Protective Backing Paint - Zinc molybdate alkyd. F. Sealant - Type sealant specified in Section 07900. G. Plastic Cement - ASTM D4586, Type I. H. Solder - ASTM B32 - Type suitable for application and material being soldered. I. Roofing Accessories — Provide all required roof accessories to provide a complete and watertight roof and flashing installation. 2.05 FABRICATION —PARAPET FLASHING AND WALL COUNTER FLASHING A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form pieces in longest possible lengths. C. Hem exposed edges on underside'' /: inch. D. Weather seal joints with 3 inches overlap and sealant. E. Fabricate corners from one piece with minimum 18 inch long legs, solder for rigidity, seal with sealant. F. Fabricate vertical faces with bottom edge formed outward % inch and hemmed to form drip. G. Fabricate flashings to allow toe to extend a minimum of 3 Y. inches over roofing or flashing or beyond blocking. Return and brake edges, 2.06 FINISH A. The wall cap flashing and all exposed sheet metal shall match and shall be as selected from the above specified manufacturer's standard colors. B. Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mil. NAPLES JAIL CENTER 9819.014 IN DIVISION 7 SECTION 07620 ROOFING, SHEET METAL FLASHING AND TRIM PAGE 6 PART 3 EXECUTION 3.01 EXAMINATION A. Section 01040 —Coordination - Coordination and project conditions. B. Verify the condition of the roof flashing members and the extent of additional flashing work required. C Verify that scupper openings have been provided and in their proper locations. B. Verify stucco and stucco accessories are in place as shown and detailed on the drawings. D. Verify the tops of all walls are acceptable to proceed with the work. 3.02 INSTALLATION A. Conform to all aforementioned referenced standards for roofing and sheet metal flashing and trim installations. B. Secure flashings in place using concealed fasteners. C. Apply plastic cement compound between metal flashings and felt flashings. D. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. E. Seal metal joints weather tight. 3.04 FIELD QUALITY CONTROL A. Inspection will include surveillance of work during installation to ascertain compliance with specified requirements. B. Section 01400 —Quality Control Services -Conduct Testing and Inspections. C. Section 01700— Contract Closeout— Substantial Completion. END OF SECTION 07620 NAPLES JAIL CENTER 9819.014 �J 100 14 1 DIVISION 7 SECTION 07900 JOINT SEALERS PAGE 1 PART1 GENERAL 1.01 SCOPE A Preparing substrate surfaces. B. Sealant and joint backing. 1.02 RELATED SECTIONS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. B. Section 02060 — Selective Demolition. C. Section 04100 — Mortar and Masonry Grout D Section 04340 — Reinforced Unit Masonry. E. Section 07620 — Sheet Metal Flashing and Trim. .1 F. Section 08112 — Standard /Security Steel Frames. G. Section 08651 — Steel Fixed Detention Windows. H. Conflicting Requirements - In the event of conflict between pertinent codes and regulations and the requirements of the referenced standards or the Specifications, the more stringent provisions shall govern. 1.03 REFERENCES A. ANSI - American National Standards Institute. B. ASTM C509 - Specification for Cellular Elastomeric preformed gasket and sealant material. C. ASTM C834 - Latex Sealing Compounds. D. ASTM C920 - Elastomeric Joint Sealants. E. ASTM C1193 - Standard Guide for Use of Joint Sealants. F. ASTM D1056 - Flexible Cellular Materials - Sponge or Expanded Rubber. G. ASTM D1565 - Flexible Cellular Materials - Vinyl Chloride Polymers and Copolymers (Open -Cell Foam). H. ASTM E119 - Fire Tests for Building Construction and Materials. NAPLES JAIL CENTER 9819.014 DIVISION 7 SECTION 07900 JOINT SEALERS PAGE 2 L NFPA - National Fire Protection Association. J. UL94 - Underwriters Laboratories. r t. 1.04 SUBMITTALS A. Submit under provisions of Division 1. B. Product Data - Provide data indicating sealant chemical characteristics, performance criteria, substrate preparation, limitations, color availability. f' C. Manufacturer's Installation Instructions - Indicate special procedures, surface preparation, perimeter conditions requiring special attention. D. On each data sheet provide schedule designation for identification "Type 1, 2, 3, 4 or 5 ". 1.05 QUALITY ASSURANCE A Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. 1.06 QUALIFICATIONS A. Manufacturer - Company specializing in manufacturing the Products specified in this section with minimum ten (10) years experience. B. Applicator - Company specializing in performing the work of this section with minimum ten (10) years experience approved by manufacturer. 1.07 ENVIRONMENTAL REQUIREMENTS A. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. 1.08 COORDINATION A. Coordinate work under provisions of Division 1. B. Coordinate the work with all sections referencing this section and all other trades. NAPLES JAIL CENTER 9819.014 DIVISION 7 SECTION 07900 JOINT SEALERS PAGE 3 PART 2 PRODUCTS 2.01 SEALANTS A. Type 1 Sealant - One -part acrylic latex sealant; Pecora's AC- 20- Slicone; Tremoo's Trem Flex 834; or Sika Flex la. B. Type 2 Sealant - Two part, non -sag polyurethane sealant; Pecora's Dynatrol 11; Sonneborn's Sonoplastic NP 11; Tremco's Dymeric; or Sika 2 -CNS. C. Type 3 Sealant - One part mildew resistant silicone sealant; Dow Coming's 786; General Electric's Sanitary 1700; or Bostik's Silicone Rubber Bathroom Sealant. D. Type 4 Sealant — Security Sealant; Two part, High Solids, High Modulus, Epoxy Resin Compound; Pecora Dyna -Poxy EP -1200 or equal. E. Type 5 Sealant — Security Sealant; Two part, non -sag, Elastomeric Polyurethane; Pecora Dyna Flex, or equal. F. Type 6 Sealant - Two part, Self- Leveling polyurethane sealant for traffic bearing construction; Pecora's Urexpan NR -300; Sonneborn's Sonolastic 562; Bostik's Chem -Cauk 550; or Sika Flex 2c -SL. 2.02 ACCESSORIES A. Primer - Non - staining type, recommended by sealant manufacturer to suit application. B. Joint Cleaner - Noncorrosive and non - staining type, recommended by sealant manufacturer, compatible with joint forming materials. C. Joint Backing - ASTM, D1056, D1565; round, closed cell polyethylene foam rod; oversized 30 to 50 percent larger than joint width. D. Bond Breaker- Pressure sensitive tape recommended by sealant manufacturer to suit application. 2.03 OTHER MATERIALS A. All other materials, not specifically described but required for a complete and proper installation of the work of this Section, shall be new, first quality of their respective kinds, and subject to the approval of the Architect. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces and joint openings are ready to receive work. B. Verify that joint backing and release tapes are compatible with sealant. NAPLES JAIL CENTER 9819.014 100 DIVISION 7 SECTION 07900 JOINT SEALERS PAGE 4 C. Discrepancies. 1. In the event of a discrepancy, immediately notify the Architect. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.02 PREPARATION A. Remove loose materials and foreign matter which might impair adhesion of sealant B_ Clean and prime joints in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions. D. Protect elements surrounding the work of this section from damage or disfiguration_ 3.03 INSTALLATION A. Install sealant in accordance with manufacturer's instructions; where manufacturer's recommendations conflict with ASTM C1193, manufacturer's recommendations shall govern. B. Measure joint dimensions and install joint material to achieve depths as per ASTM C1193. C. Install joint backing to achieve a neck dimension no greater than 1/3 of the joint width. D. Install bond breaker where joint backing, is not used. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. G. Joint Tooling - At exterior walls tool joints recessed at approximately the depth of the CMU face scores. All otherjoints tooled concave. 3.04 CLEANING A. Clean work under provisions of Division 1. B. Clean adjacent soiled surfaces. NAPLES JAIL CENTER 9819.014 DIVISION 7 SECTION 07900 JOINT SEALERS PAGE 5 3.05 PROTECTION OF FINISHED WORK A. Protect finished installation under. provisions of Division 1. B. Protect sealants until cured. 3.06 SCHEDULE A. General — In additions to the specific locations scheduled herein and shown on the drawings, provide and install sealants: 1. At all visible joints between dissimilar materials. 2. at all locations where required for the integrity of fire or smoke walls. Location Type Color B. Exterior joints Type 2 Color to be selected by Architect from (except paving) Manufacturer's full range of colors. C. DoorlWindow frames in *a Type 2 Color to be selected by Architect from Exterior walls Exterior Face `b Type 5 Manufacturers full range of colors. D. Under thresholds Type 3 Color to be selected by Architect from Manufacturers full range of colors. E. Interior joints in concrete or 'a. Type 1 Color to be selected by Architect from Masonry Walls 'b. Type 4 Manufacturers full range of colors. F. DoorNVindow frames in 'a. Type 1 Color to be selected by Architect from Exterior Walls Interior Face 'b. Type 4 Manufacturers full range of colors. G. Detention Equipment mounted 'b Type 5 Color to be selected by Architect from to Walls and Joints between Manufacturers full range of colors. dissimilar materials. `a. = Not exposed to inmate population •b. = Exposed to inmate population END OF SECTION 07900 NAPLES JAIL CENTER 9819.014 100 DIVISION 8 SECTION 08111 STANDARD SECURITY STEEL DOORS PAGE PART GENERAL 1.01 SCOPE A. Non -rated and fire rated steel doors, panels, and stops. B. All security hollow metal doors and stops. C. Refer to the Door Schedule for existing Standard /Security Doors and Standard Security Steel Frames that are to be removed and replaced under this contract. The Contractor shall include an allowance for the Doors, Frames and Hardware for the new doors as follows: 1. $ 3,500.00 each for Double Doors (installation is included, but no demolition). 2. $ 2,500.00 each for Single Doors (installation is included, but no demolition). 1.02 RELATED SECTIONS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 04100 — Mortar and Masonry Cement. C. Section 04340 — Reinforced Unit Masonry System. D. Section 07900 —Joint Sealers. E. Section 08112 — Standard /Security Steel Frames. F. Section 08825 — Glazing. G. Section 09900 — Painting. 1.03 REFERENCES A. ANSI Al 17.1 — Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People. B. ANSI /SDI -100 — Standard Steel Doors and Frames. NAPLES JAIL CENTER 9819.014 11 10 D DIVISION a SECTION081�11 STANDARDISECUMTY STESL DOORS PAGE 2 C. ANSIINAMM 863- 98:guide,specification for detention security hollow metal doors and frames. 0. Door Hardware institute (DHI) - The Installation of Commercial Steel Doors and Steel Frames, Insulated'Steel Doors In Wood Frames and Builder's Hardware. E. NFPA 80- Fire Doors and Windows. F. NFPA.252 - Fire Tests for Door Assemblies, G. UL 10B - Fire Tests of poor Assemblies.. H. American National. Standardslnstftute/American Welding Society (ANSI /AWS).. I. ASTM A366 Steel, Carbon;1Cold Rolled Sheet, Commercial Quality.. J. ASTM A525. - General Requirements fof. Steel Sheet,. Zinc - coated (gelvanIZed) by the Hot -dip Process, K. ASTM A569 -Sleet. Carbon, Hof Rolled, Sheet and Strip, Commercial Quality_ L. ASTM A 666 -968 — Standard Specification for Annealed or Cold- Worked AUSTENITIC Stainless. Steel Sheet Strip Plate and Flat Bar. M, ASTM F1450 - Test methods for hollow metal swinging door assemblies for detention facilities.. N. American National Standards Institute /American Welding Society (ANSVAWS): D1.1 Structural Welding Code, Steel. G; ASTM .•Steel Door Institute Standards. P, ANSI NAMM Standard HMMA:866 -01 Guide Specification for Hollow Metal Doors and Frames.. Q. ANSI — NAMM Standard HMMA 863 -98 Guide Specification for Detention Security Hollow Metal Doors and ;Frames. R. Conflicting Requirements - In the event of conflict between pertinent rcodes end regulations and the requirements of the referenced standards or the Specifications, the more stringent provisions shall govern. - 1.04 SUBMITTALS A. Submit under provisions of Division 1. B. Shop Drawings. - Indicate .door elevations and sections, gauges, internal reinforcement, closure method, and cut -outs for glazing, and finish. C. Product Data - Indicate door configurations, location of cut -outs for hardware reinforcement.. NAPLES JAIL CENTER 9619.004 i DIVISION 8 SECTION X013111 STAN DARDISECURITY STEEL DOORS PAGE 3 D. samples - Submit samples of both hollow metal door and security hollow metal door indicating typical example of look edges and reinforcement, door construction at top, bottom, core and welds', and reinforcement at hinge. Door panels are to be -1 foot by 2 feet. E, Submit an Independent testing laboratory report, certifying minimum performance data as specified for a typical flush security door panel tested In, accordance with ASTM F1460 and/or ANSVNAMM 863 -98, Section 1.06. Indicate all gauges of component pans and describe construction methods. F. Before any glazing is delivered to the Job site, submit sections and details of security glazing Installation at framing members to ft hollow metal manufacturer; 1,0S QUALITY ASSURANCE A. Conform to requirements of ANSIISDI -100 ANS1/NAMM'863.98 and ANSI All 7 1. B. All materials and labor shalt be furnished by a single steel door and - frame manofacturer wno -shall assume complete and sole!. responsibility for furnishing, detalling, ,coordinating, performance and warranty of b6lh standard and security doors and frames. C, Provide doors certified to pass testing called for by ANSVNAMM HMMA 863.98, andASTMrF1450. D. Fire labeled doors shall be provided for openings as scheduled and /or shown. These sttall be constructed In accordance with UL -10B (ASTM E152) and approved by Underwriters Laboratory . or other recognized factory Inspection service. 9.06 QUALIFICATIONS. A. Manufacturer - Company specializing in manufacturing the Products specified in this section with minimum ten (10) years experience. 1.07 REGULATORY REQUIREMENTS I. A, Fire Rated Door and Panel Construction -Conform to NFPA 252 UL 10B. B. Fire Rated Door Construction — For i Yrhour and 1. hour doors used in stairway enclosures the average temperature rise developed on the udekposed side shall not exceed 450 degrees F (232 degrees C) at the end of 30 minutes of standard fire testtexposura: C. installed Door and Panel: Assembly - Conform to NFPA�80 for fire rated class as scheduled.. D. In accordance with Florida Building Code 2001 Edition, Chapter 7, . Section 705.1.3.6,2 (3) Security Glazing is allowed in smoke barrier doors and windows. If such a: door, required to be rated cannot be rated because it has not been tested with the specified security glazing, the manufacturer snail .certify In writing that the door is constructed to the requirements of NFPA 252/1-11, 10B and the reason for its not being rated. NAPLES JAIL CENTER 9819.004 luj 4 DIVISION '8 SECTION -081.f 1 STANDARDISECURITY STEEL DOORS PAGE 4 1.08 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect, and handle products to site under-provisions of Division 1. B. Accept doors on site in manufacturer's packaging.: Inspect for damage, C. freak seal on-slte to permit ventilation. 1.09 FIELD MEASURI MENTS A. Verify that field measurements are as Indicated on shop drawings. 1.10 - COORDINATION A. Coordinate work under provisions of Divisional.. B. Coordinate'the work with door opening construction, door frame and door hardware installation. 'PART 2 PRODUCTS 2.01 STANDARD DOOR MANUFACTURERS A. Trussbilt. St Paul, MN. B. Pioneer; Carlstadt, N.J. G. Habersham Metal Products Company, Atlanta, GA:. D. Forderer Cornice 'Works, San Francisco, CA. 2.02 - SECURITY DOOR. MANUFACTURERS' A.. Tmssl ilt,,.St. Paul, MN. B. Pioneer, Carlstadt, NY. C. Habersham Metal Products Company, Atlanta, GA. D. FordererCornice. Works, San Francisco, CA. 2.03 STANDARD HOLLOW METAL DOOR CONSTRUCTION A. Face -16 gauge Steei sheel In accordance with ANSI /SDI -100. B. Core- Cardooard honeycomb. NAPLES JAIL CENTER 0819.004 J DIVISION 6 SECTION 08114 STAN DARDIsECURITYSTEEL DOORS PAGE 5 C. Thermal insulated Door -Total Insulation R:value of 4.1, measured in accordance: with ASTM C236. 2.04 FABRICATION FOR STANDARD HOLLOW METAL DOORS A, Astragals for Double Doors - Steel Tshaped, specifically for double doors:. B. Fabricate doors with hardware reinforcement welded in place. C. Attach fire rated label to each door unit. D. Close top: and bottom edge of exterior doors with flush end closure. Seal joints waterlighI, E. on rated and exterior doors, coordinate undercut size With ADA threshold height specified in Section. 08710 to assure seal 2.05 SECURITY HOLLOW METAL DOOR CONSTRUCT16N AND FABRICATION A. Provide doors of type. size and design indicated, and shown on approved shop drawings, .2 inches thick unless otherwise indicated - Rigid neat in appearance, free from warpage or buckle; edge bends true and straight of minimum radius; for gauge Tnetal used; insulated at exterior locations to comply with S.D I: (Steel Door Institute) requirements: -- B: Form face sheets from one sheet of 12 gauge steel oonfordling to ASTM A6$6.96B, ASTM. A3366 or ASTM A569. No seams shall be allowed on the door face. Continuously weld door edge seams and finish smooth. C. Fabricate face sheets and Internal stiffeners using manufacturer's standard construction techniques to meet guide specifications fiordetention security hollow metal doors and frames - NAMM Standard HMMA:863 -98. D. Bevel vertical single acting; door edges 118 inch in 2- Inches, and intematly reinforce full length of edges with 10 gauge minimum thickness: steel channels continuously welded inside both door faces. Close top and bottom door: edges with continuous :recessed 19 gauge channels .. extending the ifull width of the door; continuously welded to both faces and continuously welded to the vertical door edge channels, to form a single perimeter frame inside the door. E. Finish top and bottom of all doors flush . to eliminate the use of such recesses as possible hiding places for contraband. F. Door: edges 10 be mortised and accurately cut, reinforced drilled and tapped to receive templated specked hardware in accordance with the approved hardware schedule and the hardware . manufacturer's recommendations for Ihe- proper installation of all hardware and prison equipment. G. Do not cut out the hinge edge reinforcing channel necessary to pass mortise butts where required.. Securely weld an additional all Inch x 1 'A Inches by 10 inches, offset reinforcing plate, drilled and tapped to receive' mortise: template hinges; inside the edge channel at each butt location. Supplement top, hinge preparation with an additional channel welded to the back of the hinge reinforcing plate and Inside the edge reinforcing channel at each door face. NAPLES JAIL CENTER 9819.004 N DIVISION 6 SECTION 0811't STANDARD /SECURITY STEEL DOORS I. PAGE 6 H. At each location for surface applied hinges, extend the hinge edge channel leg inside the wide face of the door and backup with an additional 3116 inch thick flat sheet reinforcing plate securely welded In place. Drfll`utgiand tapping for surface, hinges shall be done in the field. t. Weld reinforcing plates, not less: than W16 inch x 1 Y2 inches x 10 Inches, inside the door face for pull reinforcing. Provide minimum 12 gauge ;reinforcing, welded Inside the door faces for all other surrooe.mounted hardware items, such as door closers. J. Vision and other door openings In security doors shall be framed Inside the door with not less than { V gauge steel channels welded to bath faces. Framing material shall be reinforced to endage .at least flues threads.of any attachment screws. 'salon openings shall be as detailed or scheduled-in the drawings. Provide removable stops: on the guard side (safe side) with minimum 518 inch depth. I Removable glazing beads shall be as detailed and shag be either we lded,Inte frames with mitered [ filled corners made of pressed steel channel shapes of not less than the same gauge as the door tacos or Individual solid steel -bars at least 518 inch thick, with butted cornorjbints: Glazing beads shall be factory drilled and countersunk for temporary flathead machine screws spaces 6 inches >o.e: for glass and glazing scheduled. Furnish security pin flat head machine screws (tor4)-type with Internal socket, 318 inch diamater shank, breakoff fasteners to replace temporary machine screws for field: or final installation of glazing beads. t K Exterior Doors to be galvanized and insulated in accordance with ASTM A525, G60. i 2.06 SHOP FINISH FOR HOLLOW METAL A. Clean surfaces.. thoroughly of loose .scale, showings,. filings, :dirt, dust or other objectionable [ materials -, Remove any grease or oil. S. Pre6estment - SSPC -SP6 (SP -7 for Galvanized Steel) Commercial Blast Methods or Chemical Phosphate Pretreatment. C- Shop Primer. 1. Interior- Polyamide:Epoxy, Tnemec Series 160 -1255 Tnemec- .Fasprims @2.4 mil OFT. 2. Exterior Urethane, Zinc Rich, Tnemea Series 90.97 Tneme -Zinc C2.5 -3.5 DFT. 2.07 ACCESSORIES FOR STANDARD HOLLOW METAL DOORS A. Removable Stops- - Rolled steel channel: shape, butted corners; prepared for countersink style screws. B. Primer - Same as shop finish: for hollow metal. 2:08 OTHER MATERIALS A. All other materials such as fasteners and retainers, not specifically described but required for a complete and proper installation of the work of this Section, shall be new; first quality of :their respective kinds, as selected bylhe Contractor subject to the approval ofthe.Architect. NAPLES JAIL CENTER I -- 9819.004 I �i 10D DIVISION 8 SECTION 00111 STANDARDISECURITY'STEEL DOORS` PAGE 7 PART 3 EXECUTION 7 3.01 EXAMINATION A. Vodry substrate conditions under provisions of Division 1. B. Discrepancies, 1. In the event of a discrepancy, Immediately notify theAtchitect. 2. Do not proceed with Installation In areas of discrepancy until all such discrepancies have been y fully resolved. C. Verily that opening sizes and tolerances areacceptable, 3.02 INSTALLATION FOR STANDARD HOLLOW METAL DOOR j A. Install doors In accordance with ANSI /SDI -100 and DHL. j B:. Coordinate installation of glass and glazing. ( C. Coordinate installation of doors with installation of frames' specified In Section 08112 and hardware ' specified in Section 08710. I R 3.03 INSTALLATION OF SECURITY HOLLOW METAL DOORS A. General, 1 1 Install security doors in accordance with the final approved shop drawings, manufacturer's data and as herein specified. B. Installation of Security Doors. 1. Install security hollow metal: doors and accessories In accordance with the final shop drawings, . final security hardware schedule manufacturer's data, and as herein specified.. 2. Place security doors with clearances and adjustments, as recommended by manufacturer's shop drawings, prior to final Inspection. Leave work incomplete and proper operating condition. i Remove and replace defective work, Including doors which are warped, bowed or otherwise unacceptable. i 3. For security hardware that is shop installed In securlty doors, and frames, the Contractor shall remove these Items and reinstall: same in the field to accommodate wiring required by hardware that Is to be field installed by the Electrical Contractor. 3.04 ERECTION TOLERANCES A. Maximum: Diagonal Distortion - 1/18 Inch measured with straightedge, corner to corner. NAPLES JAIL CENTER 8819.004 1 3.05 ADJUSTING A, Adjust work under provisions of Division 4: B, Adjust door for smooth and balanced door movement. END OF SECTION 081.11 10 D "" DIVISION B. I SECTION 08111 STANDARDISECURITY STEEL DOORS PAGE 8 {I I I' �l t NAPLES JAIL .CENTER �- 9819.004 j fDIVISION'ii SECTION 08112 STANDARDISECURITY STEEL FRAMES 17 PAGE 1 PART1 GENERAL 1.01 SCOPE A. Non -rated and fire rated steelframes, with:anchors. B. Interior glazed light frames, moldings, stops and anchors. I C. Security Hollow Metal Door frames, with anchors. D. Security Hollow Metal Window frames, moldings, stops and anchors. 1.02 RELATED SECTIONS A. Drawings and general provisions of Contract, including General and Supplementary Conditions . and other Division 1 specification sections; apply to this Section. Each Contractor is responsihle to completely coordinate Work of other trades with work of this Section. B. Section 03431 - Structural. Precast Concrete.. C. Section 03450 - Architectural Precast Concrete. D. Section 04100- Mortar and Masonry ! Cement. t { E. Section 04300. —Unit Masonry System. V F. Section 04340 > Reinforced Unit Masonry System.. G. Section 07900- Joint Sealers. I. H. Section 08111 - Standard/Security Steel Doors. 1. Section 08210'- Wood Doors, J. Section 08710 - Door Hardware, . K. Section 08800 - Glazing. fL. Section 09200 - Gypsum Board Systems, M. i Section 09900 - Painting. N. Division 16: O. { Division 17. I - NAPLES JAIL CENTER i 9819.004 10D DIVISION ::8.. SECTION 00112 STANDARD'ISECURITY STEEL FRAMES PAPE 2 1.03 .REFERENCES A. ANSI A117,1 Specifications for Making Buildings and Facilities ACoesslble tb and Usable by Physically Handicapped People., B. ANSUSDI -100 - Standard Steel Doors and Frames. C..ANSIMAAMM -HMMA. 863.98 - Guide specifications for detention security hollow metal doors and frames. D. .DHI - Door Hardware Institute - The Installation of Commercial Steel Doors and Steel Frames, Insulated Steel Doors in Wood Frames and _Builder's rHardware. E. 'NFPA.80- Fire Doors ;and Windows. F. NFPA252 Fire Tests for Door Assemblies, G. UL 10B -. Fire Tests of' Door Assemblies. . H. American National Standards Institute /American Welding 'Society (ANS'UAWS). L ASTM A366 - Steel, Sheet, Carbon, and Cold Rolled, commercial Quality.. J. .ASTM: A526 - Stool Sheet, Zinc-Coated Galvanized by the Hot -Dip :Process. K. ASTM A569 - Steel, carbon, Hot Rolled Sheet and Strip,; Commercial Quality: L, ASTM: A666-96B- Standard Specification for Annealed or Cold- Worked AUSTENITIC Stainless Stool Sheet Strip Plate and Flat Bar, i M. ASTM F1450 - Standard Test Methods for Hollow Metal Swinging. Door Assemblies for Detention Facilities. N. American National Standards Institute /American Welding Society (ANSI /AWS) D1.1 Structural Welding Code, Steel. O. ASTM - Steel Door Institute Standards. P. ANSI -NAMM Standard HMMA 666 -01 Guide Specification for Hollow Metal Doors and Frames. Q. ANSI - NAMM Standard HMMA 863 -96 Guide Specification for Detention Security Hollow Metal Doors and Frames, R. Conflicting Requirements - In the event of conflict between pertinent codes and regulations . and the requirements of the referenced standards or the Specifications, the more stringent provisions shall govern. NAPLES. JAIL CENTER 9819.004 1 DIVISION :8 SECTION 08112 STANDAROISECURITY -STEEL FRAMES PAGE 3 1.04 SUBMITTALS A. Submit under piovislons of Division 1. B. Submit Shop Drawings - Indicate frame elevations, reinforcement, and associated components of work for door and window frames. Include typical unit elevations at A Inch = I foot 0 inch scale minimum, and full size section details of every typical composite member, Show anchors, . and j accessories which are not fully - :detailed. in manufacturer's standard data, f C. Product Data, Indicate frame configuration, location of cut -outs for hardware reinforcement. D. Samples - Submit samples of both hollow metal door frames and security hollow . metal door frames Indicating typical example of lock edges and reinforcement, frame construction at top, bottom; core and welds, and reinforcement at hinge.. Frame panels are to be 1 foot by .2 feet. 7 E. Submit an Independent testing laboratory report, certifying minimum performance data as specified for a typical flush security door' frames tested in accordance with ASTM F1450 and/or ANSUNAMM 863.98; Section 1.06, Indicate all gauges of component: parts and describe construction methods.. F. Before any glazing is delivered to the job: site, submit sections. and details of security glazing installation at framing members to the hollow metal manufacturer... 1.05 QUALITY ASSURANCE - i A. Conform to requirements of ANSVSDI -1:00, ANSVNAMM HMMA 863 -96, and ANSI At t7,1. B. All materials and labor shall' be furnished by a single steel door and frame manufacturer who shall . assume sole responsibility for furnishing, detailing, coordinating, performance and warranty of both standard and security doors and frames. C. Provide frames certified to pass testing called for by ANSVNAMM HMMA 863 -98, and ASTM F1450. I j. D. Firm labeled frames shall be provided: for openings as scheduled and /or shown. These shall be constructed In accordance with UL -10B (ASTM -E152) and approved by Underwriters Laboratory or other recognized factory inspection service. 1.06. QUALIFICATIONS i A. Manufacturer — Company: specializing in manufacturing the Products specified in thlssection with minimum tan(10) years experience. 1.07 REGULATORY REQUIREMENTS 1 A, Fire Rated Frame Construction -Conform to NFPA.252 UL 10B, B. Installed Frame Assembly -Conform to NFPA 80 . for fire rated class same as fire door. _ NAPLES JAIL CENTER i 9819.004 10D DIVISION ' -8 SECTION 08112 STANDARD /SECURITY STEEL FRAMES PAGE 4 1.08 DELIVERY, STORAGE', AND HANDLING A. Deliver, store, protect, and handle products to site under provisions of Division 1. B Accapt frames on site In manufacturer's packaging, Inspect for damage, C. in.:accordance with the Florida Building: Code 2001 Edition, Chapter 7, . Section 705.1.3.6.2. (3) Security Glazing is allowed in smoke doors and windows. If such a frame, required to be rated, cannot be rated because ithas not been tested with the speed security glazing, Ills manufacturer shall certify in=writtrig that the frame Is constructed to the requirements of NFPA 2521UL 10B and the reason for Its not being rated. The written certification shall Identify -the frame by drawing number; Contractor to supply copy of letters to Building Inspector. 1.09 FIELD MEASUREMENTS' A. Verify that field measurements areas shop drawings, I. I.10. COORDINATION A. Coordinate work under provisions of Division 1, B. Coordinate the work with frame opening construction, door and hardware Installation. PART PRODUCTS ' 2,01 STANDARD FRAME MANUFACTURERS. i A. Trussbilt, St. Paul, MN. B. Pioneer, Carlstadt, N.J. C. Habersham Metal Products Company, Atlanta -, GA, D. Forderer Cornice Work, San Francisco, CA. 2.02 SECURITY FRAME MANUFACTURERS A. Trussbilt, St. Paul, MN, B. Pioneer, Carlstadt, NJ. C. Habersham Metal Products sCompany, Atlanta, GA. D. Forderer Cornice Work, San Francisco, CA. NAPLES JAIL CENTER 9819.004 10D 44 DIVISION 8 SECTION 08112 STANDARD /SECURITY STEEL FRAMES PAGE 5. 2.03 STANDARD HOLLOW METAL FRAME A. Exterior Frames —Stainless Steel 12 gauge thick material. B, Interior Frames. -15 gauge thick: material, base mWailhickness, 2.04 SECURITY HOLLOW METAL FRAME FABRICATION A. Fabricate finished work free from defects, - warps, buckles, neat in appearance, strong: and rigid with dimensions and straight and uniform profiles as indicated. B. Frames shall be fabricated of 12 gauge. steal conforming to ABTM A666 -96B, ASTM A366 or ASTM A569, Exterior frames shall'be:galvanized in accordance with ASTM A525, 060: All frames shall have integral stops and be welded units of sizes arid types shown on The drawings, Jamb and headerproflas shall be :Inaecorrlaricawiththet9raw1h9s Gornor` Jointsshall have all contact edges . closied tight with faces mitered and stops either butted or mitered. Corner Joints shall be continuously welded and the use of gussets or splice plates is unacceptable. C.. Provide frames for multiple or special openings with mullion and /or rail members, Which are enclosed tubular,shapes, having no visible seems or joints on the faces. At Joints between faces of abutting members shall be securely welded and finished with nc visible joints. D. Provide frames mortised, drilled and tapped at the factory for lemplated hardware In accordance With the approved hardware schedules and templates. Where surface; mounted hardware is called for, provide frames with reinforcing, plates only and all drilling and tapping shall be done in the field. Where electrical looks are used, provide a special housing with a 3/10 too back -up for attachment of the lock and a look cover plate, Provide a Junction box or enclosure With provision, for attaching conduit behind the preparation for each Item of electrical hardware on the frame. Where door position indicators are mounted on or recessed in the head, provide:,a Y. inch conduit from the door position Indicator (mortar box) to the electro- mechanlosl lock (mortar box). Supply silencers (resilient rubber) for all security door frames; (Three par strike jamb). i E. Where Intercom stations are used, provide a special housing with a -3/16 inch backup for attachment of the Intercom box and cover plate. Provide a junction box orenclosure with provision for attaching �. conduit behind the preparation for the intercom station an the, frame. Reference electrical drawings forirames affected. i F. For mortise butts, provide a X inch x 1 '1: Inches by full height of Jamb reinforcing plate, offset at each hinge location and factory drilled and tapped. Top hinge reinforcement shall be additionally braced by a 3/16 Inch back-up angle welded behind the offset reinforcement and to the inside of the frame trim. For surface hinges, provide a. continuous 1/4 Inch flat steel reinforcing plate 1 A Inches wide by full height of the door opening. Surface hinges shall be drilled and tapped in the field when the door Is installed or securely welded to frame. G. Prepare locks or keepers in accordance with the recommendations of the hardware, manufacturer with reinforcements not less than 3116 inch thick. Protect all cutouts and reinforcements with pressed steel mortar guards on the inside of the frame. NAPLES JAIL CENTER 9819.004 t` DIVISION :8 SECTION 08112 STAN DARDISECGRITYSTEEL FRAMES PAGE 6 H. Provide Boor anchors formed of not less than 12 gauge steel securely welded at thebottorn of each jamb - with -no less than 4 spec welds per anchor. Provide floor anchors with no less than '2 inches . height adjustment With two holds for fasteners. 1. Frames to 7 feet -0 Inches height - 4 anchors. 2:. Frames to 7 feet - 0 Inches to 8 feet - 0- inches height - 1 anchor for each 16 inches: or fraction thereof. I. Frames for installation in: masonry walls shall be provided with non - removable adjustable 1/4 Inch diameter pencil rod jamb yoke anchors.. Two anchors shall be provided In each jamb for openings up to and including 4 feet -S Inches height and one additional anchor In each jamb for each additionai 16 Inches in height or part thereof, spaced at'no more than 16 inches on center. J, Provide all frames with steel spreader angles, or channels, temporarly attachedto the bottom of both jambs, on each side of the opening to serve as a brace during shipping and handling. K. Security glazing shall be Installed in accordance with manufacturer's recommendations, and Section 08800 - Glazing, Including depth of'glezingrabbets. See drawings for detafis, L. Glazed openings in frames with removable stops, minimum depth 1 % Inches, on the guard side (safer side) with glazing beads integral With the frame opposite. _ 1. Fabricate corner Joints of solid steel bars or mitered fitted comers made of pressed steel shapes of same gauge as frame, thickness to suit bite: required for type: of glass used, as approved by glass manufacturer for size of panel. 2. Fabricate glazing beads from formed steel angles 1 Y. Inch x 1 % inch x 10 gauge.. Glazing beads shall be factory punched for temporary oval head machine screws, spaced to rot glass and glazing; specified. 3. Furnish security pin type with internal socket 318 inch diameter shank, torx screws to replace temporary : machine screws for field or final installation of glazing beads. 4. Space screws not more than 2 Inches from each end of glazing stop and 6.Inches o.c. 5. Frame rabbets do be additionally reinforced as necessary to :engage at least three threads -of the stop or bead fastening screws. 6. Paint stops to provide corrosion- resistance on all surfaces including those concealed when stops or beads are in place. 7. Refer to Construction Documents drawing sheets A2.10 and A2.11 for location of loose stop side. 2.05 STANDARD HOLLOW METAL FRAME FABRICATION A. Fabricate frames as welded unit. B. Transom Bars for Glazed Lights - Fixed type, of same profiles as jamb and head. NAPLES JAIL CENTER 9819,004 11 10D 11 DIVISION fi SECTION "A8112 STANDARDISECURITY'STEEL FRAMES PAGE 7 j C. Fabricate frames with hardware relnfotoemeni plates welded In place. Provide mortar guard boxes. D. Reinforce frames wider than 48 Inches with roll formed steel channels fitted: tightly Into frame head, 1 ' flush with top, E, Prepare frame for silencers. Provide three single silencers for single doors - .Provide two single l silencers on frame head at double doors without mullions; I 2.06 ACCESSORIES FOR HOLLOW METAL FRAMES A, Silencers - Resilient rubber, fitted into drilled hole; (Three per strike jamb), B. Removable Stops - Rolled steel angle shape, butted` comer;. prepared for countersink style tamper { proof screws. 1 C. Bituminous Coating- Flbered asphalt emulsion. D. Shop Primer. 1. Interior - Polyamide Epoxy, Tnemec Series 160.1255 Tneme- Fasprime @ 2.4 mill DFf, or equal. 2. Exterior' - Zinc Rich, Aromatic Urethane, Tnemec Series 90 -97 Tneme -Zinc @2.5 -3:6 DFT, or i equal; { 2.07 SHOP FINISH FOR ALL HOLLOW METAL FRAMES I A. Clean surfaces thoroughly of loose scale, showings, filings; dirt, dust or other objectionable materials. Remove any grease or oil. jB. Pretreatment - SSPC -SP6 (SP -7 for Galvanized Steel) Commercial 13last Methods or Chemical Phosphate Pretreatment. IC. Shop Primer. 1. Interior - Polyamide Epoxy, Tnemec Series 160 -1255 Tneme- Fasprime. @' 2 -4 mil DFT, or equal. 2. Exterior - Zinc Rich, Aromatic Urethane, Tnemec Series 90 -97 Tnerne -Zinc @2.5.3,6 DFT, or equal. 2.08 OTHER. MATERIALS. i �. A. All other materials such as fasteners and retainers, not specifically described but required for a complete and proper installation of the work of this Section, shall be new, first quality of their respective kinds, as selected by the Contractor subject to the approval of the Architect. NAPLES JAIL CENTER 9819.004 V.l DIVISION j. SECTION 08112 STANDARDISECURITY STEEL FRAMES PAGE '.8 PART 3 EXECUTION 3.01 EXAMINATION A. Verify substrate conditions under provisions of Division 1. B. Verify that opening sizes' -and tolerances are acceptable. C. Discrepancies. 1. In the event ofa discrepancy Immediately notify the Architect. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3:02 INSTALLATION FOR STANDARD HOLLOW METAL FRAMES A. Install frames In accordance with ANSI/SDI-100, ANSVNAMM 863.98, and -DHi. �. B. Coordinate with masonry and wallboard wall:construction for anchor placement. C. Coordinate installation of glass and glazing. D. Coordinates installation of frames with installation of hardware. specified In Section. 08710 and doors in Section 08111. j E, Install roll formed steel reinforcement channels between two abutting fames. - Anchor to structure i and floor. F. Attach UL Label for all rated frames. 3.03 INSTALLATION. FOR SECURITY: HOLLOW METAL FRAMES A. Install security work and accessories in accordance with the final approved shop drawings, manufacturer's data and as herein specified. B, Complywith NFPA 80 for installation of fire rated assemblies. C. Placing Frames. 1. Make field splices In frames as detailed on final approved shop drawings, welded and finished to match factory work.. 2. Remove spread bars only after frames or bucks have been properly set and secured. 3. Frames that are butted together or door devices shall be continuously field welded to form a monolithic unit. All welds shall be ground smooth, filled and field primed. END OF SECTION 08112 NAPLES. JAIL: CENTER 9819,004 ll 10D I DmSION 8 SECTION 08651 STAINLESS STEEL FIXED DETENTION WINDOWS PAGE 1 PART 1 GENERAL 1.01 SCOPE A. Work included — Furnish all labor and materials to complete the fabrication of detention windows as shown on the drawings and as specified herein. All detention windows covered by this specification shall be equal to Hope's Windows Inc., Jamestown, New York. 1. Formed stainless steel fixed thermally- improved window frames. 2. All detention window securing plates and attacfhment devices. 3. All interior stainless steel frames and accessories to have a #2B Finish. 4. All Exterior Stainless Steel applied glazing stops with medium bronze color finish. 5. Installation. 1.02 RELATED DOCUMENTS A. Drawings and general provision of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 02060 — Selective Demolition C. Section 04100 —Mortar and Masonry Grout. D. Section 04340— Reinforced Unit Masonry. E. Section 07212 —Building lnsulation. F. Section 07900 —Joint Sealants. G. Section 07620— Sheet Metal Flashing and Trim. H. Section 08825 —Security Glazing. 1.03 QUALITY ASSURANCE A. Manufacturer shall have not less than (5) years experience in the fabrication of stainless steel detention windows and be a member of The Steel Window Institute (SWI). B. Installation of windows shall be done by experienced window installers. C. Allowable tolerances -Size dimensions +/- 1116 inch. D. Source quality control. 1. Impact Test. NAPLES JAIL CENTER 9819.014 11 f , DIVISION 8 SECTION 08651 STAINLESS STEEL FIXED DETENTION WINDOWS PAGE 2 a. Meets or exceeds ASTM F1592 -01 "Standard Test Methods for Detention Hollow Metal Vision Systems" - Grade 1. b. Impact Blows - Must withstand a minimum of 600 blows at each impact location (1200 total blows per frame without rail bar, 1800 total blows per frame with rail bar). c. Frame Test — Weld joints or the entire frame must not separate. d. Glazing Test - The glazing and panels shall remain in place. No damage to the extent that forcible entry can be achieved. e. The wall anchoring shall retain the frame in place throughout the test procedure to the extent that forcible entry cannot be achieved. 2. Tool- resisting steel. a. Tool- resisting steel conforming to or exceeding ASTM standard specifications A627 and A629. b. Submit test reports from a qualified independent testing laboratory verifying that the window manufacturer's tool- resisting steel are in conformance with ASTM A627 and A629. 3. Air infiltration test. a. Meets or exceeds ASTM E283 b. Maximum air infiltration .37 CFM per foot of crack length with pressure differential across the window unit of 1.57 PSF. 4. Water penetration test a. Meets or exceeds ASTM E331 b. No water penetration for 15 minutes when the window is subjected to a rate of fknv of 5 gallons per hour per square foot with differential pressure across the window unit of 2.86 PSF. 5. Upon request, the window manufacturer shall provide a test report from a qualified independent testing laboratory regularly engaged in testing windows to verify that his products conform to these test requirements, and listing actual performance results. 1.04 SUBMITTALS A. Samples. 1. Typical corner sample. 2. Color samples of finish. 3. Copies of certified test reports showing windows meettexceed Florida Building Code 2001 Edition. B. Shop drawings and manufacturer's literature. 1. Submit for approval shop drawings showing full size window and installation details including anchorage, fastening and recommended sealing methods. 2. Dimensioned elevations showing window opening and window sizes. 3. The manufacturer shall not commence any work until shop drawings have been approved. NAPLES JAIL CENTER 9819.014 1` M DIVISION 8 SECTION 08651 STAINLESS STEEL FIXED DETENTION WINDOWS PAGE 3 4. Color charts for standard finishes and sealants. 1.04 PRODUCT, STORAGE AND HANDLING A. The general contractor shall be responsible for the protection and storage of the windows after delivery to the site. B. Store in designated areas as close as possible to point of installation. 1.05 GUARANTEE A Guarantee all materials and workmanship furnished and installed to be free from defects for a period of twenty -four (24) months from the date of final acceptance or from date of substantial occupancy, whichever may be earlier. Repair or replace, at manufacturers option and expense, any materials or workmanship found to be defective under conditions of normal use during this period. PART 2 PRODUCTS 2.01 MATERIALS A. The framing shall be formed from 14 gauge stainless steel. B. The exterior 2 -118" x 3" jamb attachment angles shall be fabricated from 14 gauge stainless steel and field attached to the masonry using approved anchors at 18" on centers maximum (furnished by the window installer) as approved by the Architect. The screws attaching the angle to the window framing shall be stainless steel torx head tamper resistant screws at 9" on centers maximum (furnished by the window manufacturer). C. Glazing rebate shall provide unobstructed glazing surface and shall have a 1 -1/4" bite. D. Applied glazing stops shall be 14 gauge stainless steel as shown on the drawings. Attaching screws shall be 10/24 x Yz torx/pin BH tamper resistant stainless steel screws at 9" on centers maximum. Color of the stops shall be Medium Bronze. E. Frames shall be designed with grout access holes at the head of the frames located in the glagzing rebate. After installation and perimeter caulking the window installer will solid grout the entire frame. 2.02 FABRICATION A. Fabricate windows in accordance with approved shop drawings. B. The comers of the frames shall be coped and welded the full depth of the frame for maximum strength and weathertightness, with all exposed welds dressed smooth. NAPLES JAIL CENTER 9819.014 N 10D DIVISION 8 SECTION 08651 STAINLESS STEEL FIXED DETENTION WINDOWS PAGE 4 D. The stainless steel frame shall be equipped withfactory attached AVK nut mortar guards to allow attachment of the glazing bead screws and exterior mounting angles as detailed - E. Glazing. 1. All frames shall be designed for outside glazing with glass stops providing at least a 1" overall glass bite. 2. Provide continuous glazing beads. Glazing beads are available to suit any glass, security glass, security glazing, acrylics or polycarbonate thicknesses. 3- Glazing beads shall be attached with tamper- resistant screws spaced a maximum of 9 inches on center. i PART 3 EXECUTION 3.01 INSPECTION A. Window openings shall conform with details, dimensions and tolerances shown on the window manufacturer's approved shop drawings. B. Conditions which may adversely affect the window installation must be corrected by the general contractor before installation commences. 3.02 INSTALLATION A. Windows specified under this section shall be installed by experienced personnel. B. Install windows in openings in strict accordance with approved shop drawings. 1. Set windows plumb, level and true to line without warp or rack of frames. 2. Windows shall be anchored securely to surrounding construction with approved anchor bolts,at a maximum of 18 inches on center with screws at frame not to exceed 9" on centers. 3. The exterior joints between the windows, trim and mullions shall be properly sealed weathertight with an approved sealant and neatly pointed. C. Repair any abraded areas of the factory finish. 3.03 CLEANING A. Window installer shall leave the window surfaces clean after installation and ready to receive glass and glazing. The window installer shall not be responsible for final cleaning. B. Any protection necessary due to cleaning adjacent materials shall be the responsibility of the general contractor. NAPLES JAIL CENTER 9819.014 - DNISION 8 SECTION 08651 STAINLESS STEEL FIXED DETENTION WINDOWS PAGE 5 END OF SECTION 08651 NAPLES JAIL CENTER 9819.014 /% 100 DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 1 4 PART 1 GENERAL 1.01 SCOPE A Glass and glazing for Detention Hollow Metal Frames and Detention Hollow Metal Doors. B. Glass and glazing for Stainless Steel Fixed Detention Windows. 1.02 RELATED DOCUMENTS A. Drawings and general provision of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 08651 — Stainless Steel Fixed Detention Windows - Security windows requiring glazing under this section. C. Division 8 Section – Detention Doors and Frames - for frames for security glazing. 1.03 REFERENCES A. American National Standards Institute (ANSI). 1. ANSI Z97.1 - Performance Specifications and Methods of Test for Safety glazing Material used in Building. B. American Society for Testing and Materials (ASTM). 1. ASTM C1036 – Flat Glass. 2. ASTM C1048 – Heat - Treated Flat Glass – Kind HS, Kind FT, coated and uncoated glass. 3. ASTM E773 – Test Method for Seal Durability of Sealed Insulating Glass Units. 4. ASTM E838 – Cracking, Blistering, Crazing, and Color Changes. 5. ASTM F1233 – Test Method for Security Glazing Materials and Systems. 6. ASTM C1422 -99 – Standard Specifications for Chemically Strengthened Flat Glass. C. Consumer Product Safety Commission (CPSC). 1. CPSC 16CFR 1201 – Safety Standards for Glazing Materials. D. National Institute of Justice (NIJ). 1. NIJ – 0108.01 – Bullet Resistant Protective Materials. E. H.P. White Test Procedures. 1. H.P. White TP.0500 Forced entry/Ballistic standard. NAPLES JAIL CENTER 9819.014 1` 10D DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 2 F. Walker, McGough, Foltz, and Lyeria (WMFL). 1. WMFL (Levels 1 -3) forced entry procedures plus ballistics. G. Underwriter's Laboratories. 1. UL — 752 Bullet Resisting Equipment. H. Federal Specifications (FS) 1. FS TT -S230A — Sealing Compound, synthetic rubber base, single component, chemically curing for caulking, sealing and glazing in building construction. 2. FS TTS -0023003 — Sealing compound, Elastomeric type, single component (for caulking, sealing, and glazing in buildings and other structures. 3. FS MIL - 1346144 — Polycarbonate and plastic sheet standards. 1. Flat Glass Marketing Association (FGMA)_ 1. FGMA— Glazing Manual. 2. FGMA — Sealant Manual. 1.04 SUBMITTALS A. General - Submit the following according to Conditions of Contract and Division 1 Specifications Sections. B. Product Data - Submit Manufacturer's descriptive literature and technical data including. 1. Instructions for handling, storing, installation, and recommended procedures for cleaning of each type of glass and glazing material. 2. Provide structural, physical and environmental characteristics and size limitations of each type of glass and glazing material. 3. Provide chemical, functional, environmental characteristics, limitations, and special application requirements. 4. Available colors. C. Samples - Submit in accordance to Division 1, prior to delivery of materials, samples of each of the following. 1. Minimum, One 12 inch x 12 inch piece of each type of glass, in required thickness. Mock up recommended, portraying actual usage conditions. 2. One bead, approximately ''% inch wide by 3 inches long, of each sealant to be used, indicating color of cured materials. NAPLES JAIL CENTER 9819.014 R t 0 1 Q D DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 3 D. Certification by manufacturer that products supplied comply with performance requirements specified. E. Maintenance data covering cleaning and protection requirements. 1.05 QUALITY ASSURANCE A_ Manufacturer qualifications - Company specializing in the manufacture of Security glass, types as specified, with minimum documented five (5) years experience. B. Security glazing shall be supplied by a company using a certified ISO 9001 quality system. C. Installer qualifications - Company specializing in the installation of security Glass products, similar types as specified, with minimum documented five (5) years experience. D. Certified Safety Glazing - Category 11 products complying with test requirements of 16 GFR1201 and ANSI Z(and .1, certified by Safety Glazing Certification Council, and permanently labeled. E. WMFL Test - Three level test method originally promulgated by Walker, McGough, Foltz, Lyerla, consisting of Level 1 (60 minutes physical attack and 25 shots of a .44 Magnum ballistics), Level II (60 minutes of physical attack), and Level III (30 minutes of physical attack). F. H. P. White Test (HPW TP- 0500.01) - Test Procedure for Transparent Materials and Assemblies for use in forced entry of containment barriers; August 22, 1988. Previous editions of this test method are not acceptable. G. UL Test - Underwriters Laboratories, Inc., UL 752 Standard for Bullet Resisting Equipment. Provide UL labeled products. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery. 1. Deliver all glass with manufacturer's permanent trademark, and removable product labels intact. 2. Provide product labels for each type of glass indicating. a. Manufacturer's name and product number. b. Mark number in accordance with the drawings. c. Size and thickness of the glass. 3. Deliver glazing components and sealants in manufacturer's unopened, labeled container. B. Storage and Handling. 1. Store glass in designated area, away from traffic and construction, in original packaging. 2. Support glass vertically on setting material capable of holding the glass and distributing the weight evenly over the glass unit. NAPLES JAIL CENTER 9819.014 11 1 U DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 4 3. Do not remove labels until glass has been installed. 4. Storage conditions shall protect glazing materials from. a. U -V exposure, humidity, rain, and adverse temperatures. b. Scratching, marring, chipping, and warpage. 1.07 ENVIRONMENTAL REQUIREMENTS A. Perform glazing only when ambient temperature is above 40 degrees F. B. When circumstances require glazing below 45 degrees F, steps shall be taken to assure dry and frost -free surface, as approved by the architect- 1.08 WARRANTY i a A, Provide manufacturers written warranty for a period of not less than five (5) years from date of shipment B. Provide a written warranty executed by manufacturer, agreeing to furnish F.O.B. project site, r within 45 working days after receipt of notice from owner for replacement of units which develop manufacturing defects. The warranty shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contract under requirements of the Contract Documents. C. Definitions - Manufacturing defects are defined as edge separation, seal failure, delamination, and core cracking. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Security Type Glass Manufacturers. 1. Saint - Gobain Sully N.A. Inc_ Trumbauersville, PA. Phone: (888)785 -5962. B. Glazing Materials. 1. Tremco, Cleveland, OH. or other products that are compatible with polycarbonate. 2.02 FLAT GLASS — LAMINATED COMPOSITION SECURITY TYPES A. General - All laminated composition security glass units, whether specifically shown or specified, shall conform to manufacturers standards as to maximum size for each type of glass. B. Ballistics- Resistant and Forced -Entry Resistant Performance: Provide products identical to those tested for compliance with requirements indicated per test specified for specific glazing types. NAPLES JAIL CENTER 9819.014 �� :,; DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 5 1. TYPE A - DFL 750 Translucent 3 ply laminated polycarbonate, with abrasion resistant coating. Nominal thickness .78 inch ASTM F1233 -95 Class IV Step 20 (body). Product as supplied by Saint Gobain Sully NA, Inc. 2.03 DESCRIPTION/ FABRICATION A. Chemically strengthened glass shall be manufactured in accordance to ASTM C1422 -99 surface compression level 3 and case depth level A. B. Laminated compositional security sheet products. 1. Glass - Refer to primary and chemically strengthened glass requirements as related to properties of coated and uncoated glass making up laminated compositional security glass. 2. Interlayer - Provide glass manufacturers standard interlayer for laminating paned of glass with an ionomer core or a polycarbonate core, with a proven record of showing no tendency to bubble, discolor or loose physical or mechanical properties after laminating and installation. 3. Plastic core - Refer to appropriate product requirements relating to properties of ionomer or polycarbonate making up the laminated compositional security product. 4. Laminating Process - Fabricate laminated sheets using laminator's standard process to produce units free from foreign substances and air bubbles. 2.05 GLAZING MATERIALS A. Compatibility - Select material with proven record of compatibility with surfaces contacted in each application. B. Sealant - Single component acrylic terpolymer, FS TT -S- 00230; Tremco Mono, color as later selected by Architect. C. Glazing Tape - Performed butyl, NAAMM #55 -1 B-613, with integral resilient tube spacing device; 10 -15 Shore A hardness; coolled on release paper; color as later selected by Architect. D. Setting Blocks - Neoprene, EPDM or silicone blocks as required for Compatibility with glazing sealants, 70 -90 Shore A durometer hardness, 4 inches long x 3/8 inch wide x''% inch thick. E. Spacers - Neoprene, EPDM or silicone blocks, or continuous extrusions, as required for compatibility with glazing sealants; 40 -50 Shore A durometer hardness; of size and shape recommended by glass and sealant Manufacturer. F. Edge Blocks - Neoprene blocks as required for compatibility with glazing sealant, of size and hardness required to limit lateral movement of glass. G. Cleaners, Primers, and Sealants - Type recommended by sealant or gasket Manufacturer for each application. NAPLES JAIL CENTER 9819.014 9 i DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 6 PART 3 EXECUTION 3.01 INSPECTION A Check that glazing channels are free of buns, irregularities, and debris. B. Check that glass is free of edge damage or face imperfections. C. Do not proceed with installation until any unsatisfactory conditions are corrected. 3.02 PREPARATION A. Field Measurements. r 1. Cut glass accurately to sizes obtained from verified field measurements of frames. 2. Allow for proper edge clearances. B. Preparation of surfaces. 1. Remove any protective coatings or covering from surfaces to be glazed. 2. Clean glass and glazing surfaces to remove dust, oil, and contaminants. Then wipe dry. 3.03 INSTALLATION A. General Requirements -All materials shall be used in accordance with the Manufacturer's printed instructions and recommended procedures. B. Positioning of glass. 1. Orient pattern, and draw of glass in same direction. 2. Places glass waves parallel to floor. C. Clearance requirements - Allow the following minimum nominal clearances, in accordance with glass manufacturers recommendations; glass face to channel face, glass edge to frame member, and glass bite. Glass thickness Face clearance Edge clearance Bite Specified thickness 1/8 inch % inch 1 inch 3.04 EXTERIOR COMBINATION METHOD (tape and sealant) A. Cut glazing tape to proper lengths prior to application, install against permanent stop, 3/16 inch to G inch below sight line. NAPLES JAIL CENTER 9819.014 100 DIVISION 8 SECTION 08825 SECURITY GLAZING PAGE 7 B. Do not lap the adjoining lengths of tape or rubber shim, as this will prevent full contact around perimeter of glass. 1. Strips must be installed in 4 separate sections, not run continuously around comers. i C. Place setting blocks at 'X points. D. Rest glass on setting blocks and press against tape with sufficient pressure to ensure full contact and adhesion at perimeter. E. Sealant cavity pocket, formed by setting of the applied stop, shall then be filled to the sight line. F. Cap bead shall not exceed 1/16 inch above sight line onto glass surface. G. Tool or wipe cap bead with solvent for smooth appearance. 3.05 INTERIOR DRY METHOD (tape and tape) A Cut glazing tape to length and install against permanent stop, projecting 1/16 inch above sight line. B. Place setting blocks at '% points_ C. Rest glass on setting blocks and press against tape with sufficient pressure to ensure full contact and adhesion at perimeter. D. Place glazing tape on free perimeter of glass in same manner described above. E. Install removable stop, avoid displacement of tape, exert pressure on tape for full continuous contact F. Knife trim excess or protruding tape. 3.06 CLEANING AND PROTECTION A. Cleaning. 1. Remove excess glazing material from installed glass. 2. Remove labels from surfaces as soon as installed. 3. Remove debris from work site. B. Protection. 1. Do not apply markers to glass surface. 2. Replace damaged glass. END OF SECTION 08825 NAPLES JAIL CENTER 9819.014 0 10p DIVISION 9 SECTION 09206 PVC LATH AND ACCESSORIES PAGE 1 PART 1 GENERAL 1.01 SCOPE A Furnish and install all PVC Lath, Accessories and trim shown on the drawings and specified herein. 1.02 RELATED DOCUMENTS A Drawings and general provision of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completety coordinate work of other trades with work of this Section. B. Section - 02060 — Selective Demolition. C. Section 04300 — Unit Masonry. D. Section 06114 — Rough Carpentry. E. Section 07212 —Building Insulation. F. Section 07900 — Joint Sealers. G. Section 08111 — Standard Security Steel Doors. H. Section 08112 — Standard Security Steel Frames. I. Section 09220 — Portland Cement Stucco. J. Section 09902 — Painting. 1.03 REFERENCES A. ASTM- 010603 -99 (see SBCCI Report # 94182). B. ASTM- D1784 -97, cell classification 13244C C. ASTM -D 4216 -99 (third party tested) D. ASTM 330 —Traverse. Load Capacity Test 1.04 SUBMITTALS A. Submit under provisions of Division 1. B. Shop Drawings - Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details, with dimensions. NAPLES JAIL CENTER 9819.014 4% i; DIVISION 9 SECTION 09206 PVC LATH AND ACCESSORIES PAGE 2 C. Samples- Submit two samples illustrating typical external comer, internal corner, junction to vertical dissimilar surface, material and finish. D. Submit two samples, 12 x 12 inches in size, illustrating Stucco finish and PVC details and color. 1.05 QUALITY ASSURANCE A. Perform work in accordance with the manufacturer's recommendations, standard details and Industry Standards for good quality workmanship and requirements. 1.07 QUALIFICATIONS A. Fabricator and Installer - Company specializing in sheet metal flashing work with ten (10) years documented experience. 1.08 PRE - INSTALLATION MEETING A. Section 01039 — Project Meetings - Preconstruction Conference. B. Convene minimum one week prior to commencing Work of this section. 1.09 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site under provisions of Division 1. B. Stack preformed and pre - finished material to prevent twisting, bending, or abrasion, and to provide ventilation. Store materials under cover on site. C. Prevent contact with materials which may damage, cause discoloration or staining. 1.10 COORDINATION A. Coordinate work under provisions of Division 1. B Coordinate with the work of all Related Sections listed above. PART PRODUCTS 2.01 GENERAL PVC LATH AND ACCESSORY TRIM SHAPES A. PVC LATH — PVC lath shall be equal to Plastic Components heavy duty "Ultra -Lath" self - furring sheets 27"x96 ", Product Number PDM2796 applied in conformance with the manufacturer's written instructions. NAPLES JAIL CENTER 9819.014 t� a Y' 9 r I` DIVISION 9 SECTION 09206 PVC LATH AND ACCESSORIES PAGE 3 B. PVC ACCESSORIES— Plastic Accessories shall conform to the following: 1. Comer Beads shall be equal to Plastic Components, Inc Number 1A4. 2. Wide Flange Casing Beads shall be equal to Plastic Components Number 3575. 3. `M" Control Joints shall be equal to Plastic Components Number 2175X. 4. Inside Comer Slip joints shall be equal to Plastic Components Number 511 -75. 5. "Ultra -Trac System 90 degree and System Cross Intersection members matching the above sections shall be used as recommended by the manufacturer. 6. All other Trim and Accessories required shall be equal to those manufactured by Plastic Components, Inc. C. FASTENERS — Provide Fasteners as recommended by the manufacturers written instructions and as required to secure the PVC Lath and PVC Accessories tightly through the insulation to the existing concrete masonry substrate. 2.04 ACCESSORIES A Fasteners — Equal to Demand Products, Inc. Fasteners for Masonry/Block — PB Washers Pre - assembled with Tapcon Screws Item # M3 with a minimum embedment of. %" into the masonry substrate. B. Underlayment — 30# felt between the plywood sheathing and the PVC lath. 2.05 FABRICATION —PARAPET FLASHING AND CURB COUNTER FLASHING A Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form pieces in longest possible lengths. C. Hem exposed edges on underside'' /: inch. D. Weather seal joints with 3 inches overlap and sealant. E. Fabricate comers from one piece with minimum 18 inch long legs; solder for rigidity, seal with sealant. F. Fabricate vertical faces with bottom edge formed outward '/, inch and hemmed to form drip. G. Fabricate flashings to allow toe to extend a minimum of 3 '/z inches over roofing or flashing or beyond blocking. Return and brake edges. NAPLES JAIL CENTER 9819.014 1` 10D DIVISION 9 SECTION 09206 PVC LATH AND ACCESSORIES PAGE 4 PART 3 EXECUTION 3.01 EXAMINATION A. Section 01040— Coordination -Coordination and project conditions. B. Verify substrate conditions are free of obstructions and defects that will affect the installation of the PVC lath and Accessories. C. Verify wall head and sill conditions are acceptable to provide true level alignment of the trim accessories. i._ 3.02 INSTALLATION A Conform to the manufacturers printed instructions and as required for a complete and accurate installation of all PVC lath and accessories as shown on the drawings and described herein. B. Secure all PVC trim members true to line, plumb and level and in the longest pieces available to keep joints to a minimum. Joints shall be tightly fitted together without gaps or irregular alignment C. Miter cut casing beads at 90 degree angles to provide for proper installation of the stucco. Make corners square. 3.03 FIELD QUALITY CONTROL A. Inspection will include surveillance of work during installation to ascertain compliance with specified requirements. B. Section 01700 —Contract Closeout— Substantial Completion. END OF SECTION 09206 NAPLES JAIL CENTER 9819.014 0 NAPLES JAIL CENTER 9819.014 E` 7t- 1 Q D low- DIVISION 9 SECTION 09220 PORTLAND CEMENT PLASTER PAGE 1 PART 1 GENERAL 1.01 SCOPE A. Portland Cement Plaster Stucco. B. All related accessories including PVC Lath and Accessories specified in Section 09206. 1.02 RELATED DOCUMENTS A Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 02060 — Selective Demolition C. Section 04340 — Reinforced Unit Masonry System. D. Section 0614 — Rough Carpentry. _ E. Section 07212 — Building Insulation. F. Section 07900 —Joint Sealers. G. Section 08112 — Standard Security Steel Frames. H. Section 08651 — Steel Fixed Detention Windows. I. Section 09220 — PVC Lath and Accessories. J. Section 09902 — Painting. K Division 15 L Division 16 M. Division 17 1.03 REFERENCES A. ASTM C150— Portland Cement. B. ASTM C206 - Finishing Hydrated Lime. C. ASTM C631 - Bonding Compounds for Plastering. D. ASTM C897 - Aggregate for Job -Mixed Portland Cement Based Plasters. NAPLES JAIL CENTER 9819.014 E` 111 DIVISION 9 SECTION 09220 PORTLAND CEMENT PLASTER PAGE 2 E. ASTM C926 - Application of Portland Cement Based Plaster. F. ASTM C932 — Bonding Compounds for Portland Cement Based Plaster. G. ASTM El 19 - Methods for Fire Tests of Building Construction and Materials. H. PCA— Portland Cement Association —Plaster (Stucco) Manual. L ASTM D1784 -69 (PVC accessories). 1.04 SYSTEM DESCRIPTION A. Replacement of all Cement Plaster Stucco removed under Section 02060. The Stucco shall be applied over PVC lath on Polystyrene Insulation furnished and installed under other Divisions. B. The Stucco finish shall match the existing Stucco surface that was not removed. 1.05 SUBMITTALS A. Submit under provisions of Division 1. B. Product Data - Provide data on plaster materials, characteristics and limitations of products specked. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with ASTM C926 and PCA Plaster (Stucco) Manual. B. Maintain one copy of each document on site. 1.07 QUALIFICATIONS A. Applicator- Company specializing in performing the work of this section with minimum five (5) years documented experience. 1.08 ENVIRONMENTAL AND REGULATORY REQUIREMENTS A. Do not apply plaster when substrate or ambient air temperature is less than 50 degrees F (10 degrees C) nor more than 80 degrees F (27 degrees C). B. Maintain minimum ambient temperature of 50 degrees F (10 degrees C) during installation of plaster and until cured. C. Conform to ASTM Ell and applicable code for fire rated assemblies in conjunction with Section 09111, 09206 and 09260 and as indicated on the drawings. NAPLES JAIL CENTER 9819.014 M4 DIVISION 9 SECTION 09220 PORTLAND CEMENT PLASTER PAGE 3 1.09 MOCKUP A. Provide mockup of plaster system with all accessories under provisions of Section 01340. B. Construct mockup, 40 inches long x 40 inches wide, illustrating surface finish and texture. C. Locate where directed. D. Mockup may not remain as part of the Work. I17:13f8411 •21 E9 2.01 MANUFACTURERS A. U.S.G. Corporation, Chicago, IL. B. National Gypsum Company, Charlotte, NC, C. DomTar Inc, Ann Arbor, MI. 2.02 PLASTER BASE MATERIALS A Cement - ASTM C150, Type 11 or III Portland. ASTM C91. B. Lime — Special hydrated lime for finishing purposes, ASTM C206. C. Aggregate - In accordance with ASTM C897. D. Water -Clean, fresh, potable and free of mineral or organic matter which can affect plaster. E. Bonding Agent — ASTM C932, type recommended for bonding plaster to concrete and concrete masonry surfaces. F. Plaster Mix Reinforcement— Alkaline- resistant (AR) glass or polypropylene fibers, chopped to'% inch nominal length, free of contaminants, manufactured for use in Portland cement plaster. 2.03 PLASTER FINISH MATERIALS A Cement - As specified for plaster base coat, gray color. B. Lime -As specified for plaster base coat. C. Water -Clean, fresh, potable and free of mineral or organic matter which can affect plaster. NAPLES JAIL CENTER 9819.014 �l DIVISION 9 SECTION 09220 PORTLAND CEMENT PLASTER PAGE 4 D. Aggregate — In accordance with ASTM C897, manufactured or natural sand, white in color. 2.04 FURRING AND LATHING A. PVC Lath — As specked in Section 09206 fi B. Comer Beads, Casing Beads, Expansion Joints and Various Screens — PVC as specified in Section 09206. 2.05 CEMENT PLASTER MIXES A. Mix and apportion cement plaster in accordance with ASTM C926, Type C and in accordance with PCA Plaster (Stucco) Manual. B. Base Coat and Brown Coat— One part cement, minimum 3 Y2 and maximum 4 parts aggregate, and minimum 15 percent and maximum 25 percent hydrated lime, and glass fibers at a rate of 1 pounds (0.7 kg) per sack of cement. C. Finish Coat— One part cement, minimum two parts aggregate, and 3/, to 1 '/ parts lime. D. Mix only as much plaster as can be used prior to initial set. E. Mix materials dry, to uniform color and consistency, before adding water. F. Add air entrainment admixtures to all coats to provide 5-7 percent entrainment in all coats. G. Protect mixtures from contamination and evaporation. H. Do not retemper mixes after initial set has occurred. PART 3 EXECUTION 3.01 EXAMINATION A. Verify surfaces and site conditions. B_ Verify PVC lath and Accessories are properly secured through the polystyrene insulation and that the complete assembly is securely anchored to the masonry/concrete substrate. Failure to notify the Architect of improper conditions to achieve the required finish product will be the responsibility of this Contractor and will be reworked without charge to the Owner. NAPLES JAIL CENTER 9819.014 L iterl, DIVISION 9 SECTION 09220 PORTLAND CEMENT PLASTER PAGE 5 3.02 PREPARATION A. Clean surfaces of foreign matter and any foreign substances that will impair the adhesion of the base coat B. Make sure temperature and humidity conditions are proper prior to starting the work and finish work can be adequately protected. 3.03 PLASTERING A. Apply plaster in accordance with ASTM C926 and PCA Plaster (Stucco) Manual. B. Apply brown coat to a nominal thickness of 3/8 inch and a finish coat to a nominal thickness of 1/8 inch over masonry or concrete surfaces. C. Apply scratch coat to a nominal thickness of 3/8 inch, brown coat to a nominal thickness of 3/8 inch, and a finish coat to a nominal thickness of 1/8 inch over metal lathed surfaces. D. Moist cure scratch and brown coats. Apply brown coat immediately following initial set of scratch coat. E. After curing, dampen base coat prior to applying finish coat. F. Apply finish coat that is consistent finish with the finish of existing remaining building stucco. G. Avoid excessive working of surface. Delay troweling as long as possible to avoid drawing excess fines to surface. H. Moist cure finish coat for minimum period of 48 hours. 3.07 TOLERANCES A. Maximum Variation from True Flatness -1/8 inch in 10 feet. 3.08 FINISH TEXTURE A. Textured finish per existing remaining building stucco and approved sample. END OF SECTION 09220 NAPLES JAIL CENTER 9819.014 1 0 DIVISION 9 SECTION 09900 PAINTING PAGE 1 PART1 GENERAL 1.01 SCOPE A. Surface preparation and field application of all paints, coatings and finishes of new exterior unfinished surfaces and existing surfaces shown and scheduled to be refinished. 1.02 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections; apply to this Section. Each Contractor is responsible to completely coordinate work of other trades with work of this Section. B. Section 04100 — Mortar and Masonry Grout C. Section 04340 — Reinforced Unit Masonry System. D. Section 07620 — Sheet Metal Flashing And Trim (unfinished). D. Section 08111 - Standard /Security Steel Doors. E. Section 08112 - Standard/Security Steel Frames. F. Section 08270 — Louvered Steel Doors and Frames. G. Section 09220 — Portland Cement Plaster Stucco G. Division 15 — Mechanical (new, reworked and reinstalled). H. Division 16 — Electrical (new, reworked and reinstalled). I Division 17 — Security Devices (new, reworked and reinstalled). 1.03 REFERENCES A. ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. C. ASTM D3359 — Adhesion Testing of Previously Painted Surfaces. D. PDCA (Painting and Decorating Contractors of America) - Painting - Architectural Specifications Manual. E. SSPC (Steel Structures Painting Council) — Steel Structures Painting Manual. F. Conflicting Requirements — In the event of conflict between pertinent codes and regulations and the requirements of the referenced standards or the Specifications, the more stringent provision shall govern. JAIL CENTER 9819.014 11 !' DIVISION 9 SECTION 09900 PAINTING PAGE 2 1.04 DEFINITIONS A. Conform to ASTM D16 for interpretation of terms used in this Section. 1.05 SUBMITTALS A. Submit under provisions of Division 1 Specification Sections. B. Product Data - Provide data on all finishing products. C. Samples - Submit two Manufacturers color wheelsfboxes showing full range of Manufacturers colors for color selection. D. Manufacturer's Instructions - Indicate special surface preparation procedures, substrate conditions requiring special attention. i 1.06 QUALIFICATIONS w A. Manufacturer - Company specializing in manufacturing the products specified in this section with minimum five (5) years documented experience. B. Applicator - Company specializing in performing the work of this section with minimum five (5) years documented experience approved by the manufacturer. 1.07 REGULATORY REQUIREMENTS A. Manufacturer shall certify that products used do not exceed flame spread rating of 75 or smoke contributed rating of not more than 450 when applied to a non - combustible surface and tested in accordance with ASTM E84 -94. 1.08 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site under provisions of Division 1. B. Deliver products to site in sealed and labeled containers; inspect to verify acceptability. C. Container label to include manufacturer's name, type of paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing. D. Store paint materials at minimum ambient temperature of 45 degrees F (7 degrees C) and a maximum of 90 degrees F (32 degrees C), in ventilated area, and as required by manufacturer's instructions. JAIL CENTER 9819.014 `.J u DIVISION 9 SECTION 09900 PAINTING PAGE 3 1.09 ENVIRONMENTAL REQUIREMENTS A The Contractor shall provide continuous ventilation and maintain surface and ambient temperatures above 50 degrees F for 24 hours before, during, and 48 hours after application of finishes. B. Do not apply coatings during inclement weather, or when relative humidity is above 85 percent or when air or substrate surface temperature is above or below that required by the manufacturer. C. Minimum exterior application temperatures for latex paints and varnish finishes is 50 degrees F. D. Provide lighting level of 80 foot candles (860 Ix) measured mid- height at substrate surface. 1.10 EXTRA MATERIALS A. Provide 1 gallon of each color, type, and surface texture to Owner. B. Label each container with color, type, texture, locations, in addition to the manufacturer's label. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Use Sherwin Williams "ProMar 200" and A -100 series, S_W Industrial Enamel, and related premium S -W products throughout. All color selections shall be standard S -W colors B. Paint Systems and Materials Scheduled - Herein listed are specific paint products which are considered suitable for the conditions of use. Contractor will be permitted to use only the products specified. C. Review - Contractor shall be responsible for using compatible paint systems which are appropriate for intended service and method of application. Before starting work, he shall submit a written statement that he has reviewed the drawings and specifications with an agent of the paint manufacturer, and that he either (1) agrees with and will use specified products, or (2) suggests altemate products with reasons for recommended change. Show by copy of transmittal form that a copy of the statement has been transmitted to paint manufacturer. D. Alternatives - Alternative products shall be listed by product number and name, the product it is an alternative for, and proof of comparability. If no alternative list is submitted, the scheduled products must be used. 2.02 MATERIALS A. Coatings - Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating; good flow and brushing properties; capable of drying or curing free of streaks or sags. JAIL CENTER 9819.014 11 10D _ DIVISION 9 SECTION 09900 PAINTING PAGE 4 B. Accessory Materials - Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality. C. Patching Materials - Latex filler. D. Fastener Head Cover Materials - Latex filler or caulking. < 2.03 OTHER MATERIALS A. All other materials not specifically described but required for a complete and proper installation of the work of this Section, shall be new, first quality of their respective kinds, as selected by the Contractor subject to the approval of the Architect PART 3 EXECUTION 3.01 EXAMINATION A. Verify site conditions under provisions of Division 1. B. Verify that surfaces, substrate conditions are ready to receive work as instructed by the product manufacturer. C. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. D. Test shop applied primer for compatibility with subsequent cover materials. E. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces is below the following maximums. 1. Exterior Portland Cement Stucco — Dry thoroughly for at least 30 days before painting. The pH of the surface should be between 6 and 9. 2_ Concrete, and Concrete Unit Masonry -12 percent. 3. Exterior Wood - 15 percent, measured in accordance with. ASTM D2016. 5. Concrete Floors - 8 percent. 3.02 PREPARATION A. Correct defects and clean surfaces which affect work of this section. Remove existing coatings that exhibit loose surface defects. B. Impervious Surfaces - Remove surface contamination by steam of high pressure water and allow to thoroughly dry. JAIL CENTER 9819.014 IN 1 -- DIVISION 9 SECTION 09900 PAINTING PAGE 5 C. Aluminum Surfaces Scheduled for Paint Finish - Remove surface contamination by stream of high pressure water. Remove oxidation with acid etch and solvent washing. Apply etching primer immediately following cleaning. D. New Portland Cement Stucco — Fill hairline cracks, small holes and surface imperfections with latex patching plaster. Wash and neutralize high alkali surfaces and allow 30 days drying time. E. Galvanized Surfaces - Remove surface contamination and oils, and wash with solvent. Apply coat of etching primer. F. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish - Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a commercial degreaser, rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water, Allow to dry. G. Existing Plaster Surfaces — Remove surface contamination by stream of high pressure water Fill hairline cracks, small holes, and imperfections with latex patching plaster. Make smooth and flush with adjacent surfaces. Allow to dry. H. Uncoated Steel and Iron Surfaces -Remove grease, mill scale, weld splatter, dirt, and rust. Where heavy coatings of scale are evident, remove by hand or power tool, wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs. I. Shop Primed Steel Surfaces - Sand and scrape to remove loose primer and rust. Feather edges to make touch -up patches inconspicuous; clean surfaces with solvent; prime bare steel surfaces; and prime metal items including shop primed items. J. Exterior Wood Scheduled to Receive Paint Finish - Remove dust, grit, and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied. K. Stainless Steel Doors, Frames and Security Windows Scheduled for Painting — Remove dust, grit and foreign matter. Feather edges to make touch -up patches inconspicuous; clean surfaces with solvent; prime bare steel surfaces and prime metal surfaces including shop primed work. Seal top and bottom edges with primer. 3.03 PROTECTION A. Protect elements surrounding work of this Section from damage or disfiguration. B. Repair damage to other surfaces caused by work of this Section. C. Furnish drop cloths, shields and protective methods to prevent spray or droppings from disfiguring other surfaces. JAIL CENTER 9819.014 I 10D DIVISION 9 SECTION 09900 PAINTING PAGE 6 A Apply products in accordance with manufacturer's instructions. B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. D. Apply each coat of paint slightly darker than preceding coat unless otherwise approved. E. Sand wood and metal lightly between coats to achieve required finish. F. Vacuum clean surfaces free of loose particles. Use tack cloth just prior to applying next coat. G. Allow applied coat to dry before next coat is applied. H. Prime concealed surfaces and backside of new exterior wood that is shown and scheduled to be painted 3.05 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT A. Refer to the drawings for removed, reworked and reinstalled items that require painting and finishing. B. Paint all exposed new and existing exposed pipes, conduit, boxes, ducts hangers, brackets, collars and supports. C. Paint interior surfaces of air ducts that are visible through grilles and louvers with one coat of flat black paint, to visible surfaces. Paint dampers exposed behind louvers and grilles to match face panels. D. Reinstall cover plates, hardware, light fixture trim, escutcheons, and fittings removed prior to finishing. Finish paint as required to match adjacent surfaces. 3.06 FIELD QUALITY CONTROL A. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary during the period when paint is being applied. 1. The Owner will engage the services of an independent testing agency to sample the paint material being used. Samples of material delivered to the Project will be taken, identified, sealed, and certified in the presence of the Contractor. 2. The testing agency will perform appropriate tests for the following characteristics as required by the Owner: a. Quantitative materials analysis. b. Abrasion resistance. —, c. Apparent reflectivity. JAIL CENTER 9819.014 r'- G" u ft 10D DIVISION 9 SECTION 09900 PAINTING PAGE 7 d. Flexibility. e. Wash ability. f. Absorption. g. Accelerated weathering. h. Dry opacity. L Accelerated yellowness. j. Recoating. k. Skinning. L Color retention. m. Alkali and mildew resistance. 3. If test results show material being used does not comply with specified requirements, the Contractor may be directed to stop painting, remove noncomplying paint, pay for testing, repaint surfaces coated with rejected paint, and remove rejected paint from previously painted surfaces if, upon repainting with specified paint, the two coatings are incompatible. 3.07 CLEANING A. Clean work under provisions of Division 1 B. Collect waste material which may constitute a fire hazard, place in closed metal containers and remove daily from site. C. Promptly clean -up and remove spilled, splashed or spattered paint. D. Maintain premises free of unnecessary accumulation of tools, equipment, surplus materials and debris. 3.08 SCHEDULE - EXTERIOR SURFACES A. Wood - Painted (Opaque). 1. One coat of alkyd primer sealer. 2. Two coats of alkyd enamel, semi gloss. B. Portland Cement Stucco 1. One coat of alkyd primer sealer. 2. Two coats alkyd enamel, semi -gloss C. Steel — Unprimed 1. Two coats of rust inhibitive primer 2. Two coats of S -W industrial enamel, semi -gloss JAIL CENTER 9819.014 0 RIJ DIVISION 9 SECTION 09900 PAINTING PAGE 8 E. Steel - Shop Primed 1. Touch -up prime coat. �- 2. One coat of rust inhibitive primer s 2. Two coats of S -W industrial enamel, semi - gloss F. Steel - Galvanized. 1. One coat galvanize primer. 2. Two coats of alkyd enamel, semi - gloss. G. Exterior Concrete Slabs (previously painted) 1. Clean and remove loose paint and touch -up with one coat of compatible primer. 2. One compatible finish coat. 3.09 SCHEDULE - INTERIOR SURFACES A. The only interior surfaces that are required to be painted are newly installed windows, doors and frames and existing finishes damaged or marred by work under this contract. B. Concrete, Concrete Block. 1. One coat of primer sealer. 2. Two coats of epoxy enamel, semi- gloss. C. Steel - Unprimed. 1. One coat of alkyd primer. 2. Two coats of alkyd enamel, semi - gloss. D. Steel - Primed. 1. Touch -up with alkyd primer. 2. Two coats of alkyd enamel, semi-gloss- E. Steel - Galvanized. 1. One coat galvanize primer. 2. Two coats of epoxy enamel, semi - gloss. JAIL CENTER 9819.014 10D DIVISION 9 SECTION 09900 PAINTING PAGE 9 F. Concrete Floors (previously painted). 1. Clean and remove loose paint and touch -up with one coat of compatible primer 2. One compatible finish coat. G. Concrete Slabs and Plaster Ceilings (previously finished). 1. Clean and remove loose paint and touch -up with one coat of compatible primer 2. One compatible finish coat. END OF SECTION 09900 JAIL CENTER 9819.014 1, lot MEMORANDUM Date: May 8, 2007 To: Christine Chase Emergency Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement #07- EC- 33- 09 -21 -01 between the State of Florida, Division of Emergency Management and Collier County Enclosed please find two (2) original document, as referenced above, (Agenda Item #I OE), approved by the Board of County Commissioners on Tuesday, May 8, 2007. Please forward an original signed document to the Boards Minutes and Records Department. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosure (2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI U t ! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper_ Aitach to original document Original donimons should he hand delivered n, the Beam UlTlca. llie completed routing slip and original documents are to he Ibrwarded to the Board Office on]} aaner the Ifnard has Taken action ou the dcm. 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 execration of the Chairman's surnature. draw a line through rnntinn lines is I thrnnnh kd nmmnlmr the ehrc4Gc, and F ..un.A,.. e..o ca..,.., . ;-- uc• Route to Addressee(s) List in routine order Office Initials Date 1. Contact Y I'���r A Applic able) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was r..l Agenda Item Number 3. Approve by the BCC) 4. Type of Document t X atr'lr 1�0 r Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners j L'L-4. ., . 7 : t /41 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 cremed/prepated 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 1 , () ` 3— Phone Number Contact Y I'���r A Applic able) I. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was r..l Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed Approve by the BCC) by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document t X atr'lr 1�0 r Number of Original ! j Attached j L'L-4. ., . 7 : t Documents Attached 7 INSTRUCTIONS & CHECKLIST C Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. L 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ` 1" Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be away of your deadlines! 6. The document was approved by the BCC on ..> • 'r (enter date) and all changes made during the meeting have been incorporat i the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EXECUTIVE SUMMARY Recommendation to approve an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,510,094 as revenue OBJECTIVE: Board of County Commissioners approval of Agreement #07- EC- 33 -09- 21-01 between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 for the construction of a new County EOC within the Collier County ESC. CONSIDERATIONS: The State of Florida, Division of Emergency Management has approved a total of $3,149,319 towards the construction of the County's new EOC. This agreement represents the award of $1,510,094 of General Revenue Funds, an additional $1,639,225 has been awarded under the Hazard Mitigation Grant Program and will be contracted under a separate agreement. These General Revenue Funds must be utilized solely for the construction (can not be used for fixtures, furniture or equipment) of the EOC portion of the overall ESC project. This Agreement has a number of qualifications and requirements included in the Scope of Work (Attachment A, pg 20 & 21) and Product Items (pg 21 & 22). These items have all been reviewed by county staff and the design team and are considered appropriate, achievable and consistent with what has been required during the grant application process. FISCAL IMPACT: A budget amendment is needed to recognize the grant revenue of $1,510,094 and to increase the Emergency Services Center project (52160) budget by $1,510,094. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve an Agreement between the State of Florida Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County EOC and approve the necessary budget amendment. Prepared by: Jim von Rinteln, EM Coordinator Department of Emergency Management 10E �1 A Contract Number: 07- EC- 33- 09- 21 -01- STATE - FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County, (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority to disburse the funds under this Agreement pursuant to State Fiscal Year 2006 — 2007, Chapter 2006 -71, Laws of Florida, Section b. The purpose of this act implements provisions relating to county emergency operations centers and designated alternate state emergency operations centers. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, the Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. 2 (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the 3 IOE provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single http: / /www.state fl_us /fsaa /statutes.html. (e) Report Submission Audit Act may be found at the following website: 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Division of Community Affairs at each of the following addresses: Division of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [an electronic copy shall also be submitted to aurilla.parrish @dca.state.fl.us] and Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental 11 1 entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non - compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Sta. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31 (c) The close -out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. 5 (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said 0 10E 11 acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ( "Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -retum receipt requested, to the address set forth in Paragraph (13) herein; 7 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; law; (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of any one of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds, fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. H 10E (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Telephone: 850413 -9920 Fax: 850 -488 -7842 Email: ienene.helms@em.mvflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan Summers, EM Director Collier County 3301 East Tamiami Trail Naples, Florida 34112 Telephone: 239- 774 -8000 Fax: 239-774-3602 Email: jjjwyanncole�P_colliq ergov net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. E f.3 ppa �C (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations (17) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,510,094 subject to the availability of funds. [it] JOE I (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Stat., and is contingent upon the Recipients acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. $tat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division 11 paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413 -5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. an original. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 at se g. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 12 10E or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Q) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 13 (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Sta . ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre - existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 10L (23) PROPERTY MANAGEMENT. (a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specked in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the property. (b) The Recipient shall not use equipment acquired with State funds to provide services to non -State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute, for as long as the State retains an interest in the equipment. (c) The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division. When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State - sponsored activities, in the following order of priority: (i) Activities sponsored by the Division, then (ii) activities sponsored by other State agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division, second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program income. (e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade -in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 (f) The Recipient's property management standards for equipment acquired with State and State -owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the Recipient or the State of Florida. (v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and cost. (vi) Information from which one can calculate the percentage of State participation in the cost of the equipment (not applicable to equipment furnished by the State of Florida). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for its share. (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3) A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the 16 10 E- 1r1 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Recipient shall be permitted to deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally -owned equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for State -owned equipment. (24) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or 17 �i otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient Collier Co7Z1 nd of �un mr tssioners By: Name and title: Jim Colette, Chairman Date: May 8'". 2007 SAMAS # 07- EC- 33- 09- 21 -01- FID# 590000558 ATTEST: Dwight E. ,Brock, Clerk (Deputy CCfet )'•.: Approved ae to Form and egal Sufficiency: Assistant County Attorney STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: 18 Ib 11-4 . ID E' 5�q�a7 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: SUBJECT TO SECTION 215.97 FLORIDA STATUTES: State Project State of Florida — Division of Emergency Management CSFA # 52.010 $1,510,094 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of speck laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the speck law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 19 Attachment A Budget and Scope of Work SCOPE OF WORK 10E A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch. 2006 -71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and wastewater systems, etc.). S. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G -6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day -to -day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of 130 persons per shift and a workspace floor area of 11.050 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 175 miles per hour (3 second gust) Wind Importance Factor, I = 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCpi _ +/ 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. 20 G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE - STD - 1020 -2002. That is, the building enclosure must resist penetration by a nominal 2 "x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, l; 4. design wind exposure category; 5. wind directionality factor, Kd, 6. design internal pressure coefficient, GCpi; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation; the base flood elevation plus three (3) feet; the 500 -year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100 -year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code — Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self- contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best - practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW -1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW -2, "Cost Data for County Emergency Operations Center." 21 10E 01 II. PRODUCT ITEMS A. Per item M, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW -1 may be used to meet this product item. B. Per item LC, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less thanl5 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan /preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windbome debris impact, Flood and security design requirements set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item LB, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW -2 shall be used to meet this product item. I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. 22 10L d, SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of- work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW -2, certificate of occupancy, close -out documentation and final payment invoice. 23 -.0 E Table SW -1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW -1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Collie PROJECT PHASE Start Date End Date DEM Funds Other Funds Board Contract 1/15/07 4/24/07 0 0 Approval Initial Payment of N/A N/A 0 0 20% in first quarter A &E Firm Selection 6115/03 Complete 0 $ 488,983 Site Survey and Soil 9/15/06 Complete 0 $ 112,703 Testing Spatial Needs 8/15/99 9/13/01 0 $ 44,870 Assessment Preliminary Design, 5/15/05 Complete 0 $ 1,370,017 70% complete Preliminary Design, 5/15/06 Complete 0 $ 730,033 100% complete Regulatory Review 6115/06 Complete 0 $ 15,196 Bid Document(s) 10/15/06 4124/07 0 0 Development & Award Notice to 4/24/07 On -going 0 0 Proceed /Mobilization Construction Project 4124/07 On -going 0 $ 1,501,580 Management & Special Inspections Construction 25% 12/07 TBD $ 358,647 $15,089,110 Complete Construction 50% 4108 TBD $ 358,647 $15,089,110 Complete Construction 100% 12/08 TBD $ 717,295 $30,178,218 Complete Contingency 4124 12/08 N/A $ 3,000,000 Administrative Fees; $ 75,505 $ maximum of 5% Sub - Totals $1,510,094 TOTAL Estimated $67,618,820 Project Cost A &E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year 24 10E Table SW -2. Cost Data for County Emergency Operations Center Table SW -2. Cost Data for County Emergency Operations Center County Name: Collier NO. System /C omponent Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation Site Lay-out $ 48,444 1020 Slab -on -Grade 2010 Excavation Piles, Excavation, Testing $ 696,477 2020 Basement Walls 2030 Elevated Foundation B. SHELL ENVELOPE B10 Superstructure 1010 Floor Construction $ 2,062,854 1020 Roof Construction $ 3,197,918 1030 Structural Frame Columns Beams, Joists, Frame $ 402,082 1040 Load- Bearing Wall Cast -in- lace concrete $ 6,457,855 B20 Exterior Enclosure 2010 Exterior Walls I Sealer $ 200,000 2011 Veneer/Cladding Stucco, concrete $ 831,082 2012 Louvers 2020 1 Exterior Windows Aluminum, impact resistance, hardware $ 195,476 2030 Exterior Doors Metal, hardware, overhead $ 290,795 B30 Roofing 3010 Roof Coverings Membranes, Fireproofing $ 435,082 3020 Roof Openings 3021 Soffits C. INTERIORS 1010 Partitions Carpentry $ 352,819 1020 Interior Doors Hollow wood, other, hardware $ 162,500 1030 1 Fittings Insulation, moisture $ 584,403 2010 Stair Construction 3010 Wall Finishes Cabinets, drywall, tile, acoustical $ 868,965 3020 Floor Finishes Vinyl, rubber, carpet, raised floors $ 858,787 3030 Ceiling Finishes D. SERVICES D10 Conveying 1010 Elevators & Lifts Elevators $ 396,155 1020 Escalators & Walks D20 Plumbin 2010 Plumbing Fixtures Miscellaneous, Equipment $ 691,967 2020 Domestic Water Distribution 2021 Back -up Potable Water System 2040 Rainwater Drainage D30 HVAC 3010 Energy Supply 25 10E 3020 Heating System 3030 Cooling System Incl. 3020, All $ 4,447,375 3050 Terminal & Package Units 3090 Other HVAC Sys. D40 Fire Protection 4010 Sprinkler Sys. Pumps, FM 200, testing $ 740,361 4020 Standpipe Sys. 4030 Other Sys, 650 Electrical 5010 Elec. Service & Distribution All $ 6,295,589 5020 Lighting & Branch Wiring 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator Sys. 2x 2,500 KW w /switch $ 2,500,000 5092 UPS Sys. 1092 E. EQUIPMENT & FURNISHINGS 1010 Commercial Equip._ 1020 Institutional Equip. A liances $ 83,436 1030 Vehicular E ui . 1090 Other Equip. Miscellaneous $ 11,309 1091 AudioNideo E ui . 1092 Special Telecom 1093, 1091 all $ 3,531,055 1093 Information Tech. 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 185 foot mono pole tower $ 262,885 1043 Heli ad 1090 Other Specialties $ 226,358 G. BUILDING SITEWORK 1010 Earthwork Lay out $ 48,444 1020 Roadway & Parking Curbs, paving $ 40,339 1030 Drainage & Flood Control 1040 Security Measures Fencing, other $ 468,245 1090 Other Sitework All $ 4,195,820 26 Attachment B Program Statutes and Regulations 10E-`% 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A -1, Florida Administrative Code 6. Chapter 9G -19, Florida Administrative Code OXA 10 E Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a) and (b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet ' First three months expenditures need only ne provided for the years in which yuu requesaeu an information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: Cell D3 X $ _ DEM Award (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM MAXIMUM [ Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. O (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Divide line 2 by line 1. ' First three months expenditures need only ne provided for the years in which yuu requesaeu an information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: Cell D3 X $ _ DEM Award (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM MAXIMUM [ Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. O 10E CCTIRAATrn FXPFNRFR Frylanation of Circumstances: 29 20042005 Anticipated Expenditures for First Three Months of BUDGET CATEGORY Contract ADMINISTRATIVE COSTS Include Secondary Administration. PROGRAM EXPENSES TOTAL EXPENSES Frylanation of Circumstances: 29 IM Attachment D Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00am - 5:00om. Monday through Friday. 30 1OE Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 (� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents an to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applic able Agenda Date Item was 2. Agenda Item Number 10 F Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Developer Contribution Agreement Number of Original 4. Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 417 -6064 Contact appropriate. (Initial) Applic able Agenda Date Item was 05 -08 -07 Agenda Item Number 10 F Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Contribution Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's C.. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. L.�? 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain `C time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05 -08 -07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The L� County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1OF 1 14 DEVELOPER AGREEMENT MIRASOL THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this `:i of May, 2007, by and between IM Collier Joint Venture, a Florida Venture, with an address at 6704 Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as "Developer "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 1,558 acres of land located on the north side of Immokalee Road immediately west of Collier Blvd. in Collier County, Florida, known as the Mirasol PUD, more particularly described in Ordinance No. 2001 -20; (hereinafter Sreferred to as the "Development "); and WHEREAS, as set forth in the PUD, it is expected that the Development will at build -out .�. contain 799 residential units; and O a �~ o WHEREAS, County wishes certain improvements be made to its transportation system as set forth in Exhibit A, and as an option, certain improvements set forth in Exhibit B, with engineer's costs estimates for each set forth in Exhibit C; and 0 WHEREAS, Developer, because of existing construction agreements and relationships, believes that it can design, permit, and construct these two projects at a lower costs than that set m� o o forth in Exhibit C; and 4 V .0 o o WHEREAS, as detailed below, in exchange for vesting of its project for transportation A concurrency purposes, and in exchange for impact fee credits in the lesser of the sum of the o engineer's cost estimates or actual project costs, as set forth below, Developer is willing to design, permit, construct and provide a CEI acceptable to Collier County for the improvement project described in Exhibit A, and, if County exercises its option, for the project set forth in B as a ° well; and WHEREAS, County is willing to grant Developer concurrency rights for this a, Development in order to accelerate the needed improvements to this intersection; and x o t. WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners for approval of this Agreement, which will help finance needed improvements o ° and additions to the County's transportation network; and E W a O [� WHEREAS, after reasoned consideration by the Board of Commissioners, the Board C V ✓- finds and reaffirms that this Agreement will help finance needed improvements and additions to the County's transportation system; that this Agreement, when viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the 1 O F 4 "-1 cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and that this Agreement is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five - year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 0 1. All of the above RECITALS are true and correct and are hereby expressly N incorporated herein by reference as if set forth fully below. c.; n.. 2. Within 30 days from the date this Agreement is approved by the Board of County N Commissioners, Developer will commence to design, permit, construct and provide a CEI vN+ acceptable to County for certain improvements identified in Exhibit A. Developer shall be responsible for all costs associated with this project. All necessary right -of -way will be provided p by County. The project must commence no later than February 1, 2008, and must be completed no later than March 31, 2009, except that both dates may be reasonably extended by Developer if such delay is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the Developer. 3. By written notice dated no later than August 17, 2007, County may exercise its option for Developer to design, permit, construct and provide a CEI acceptable to County for certain improvements identified in Exhibit B. If exercised, Developer shall be responsible for all costs associated with this project. All necessary right -of -way will be provided by County. This project must also commence no later than February 1, 2008, and must be completed no later than March 31, 2009, except that both dates may be reasonably extended by Developer if such delay is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the Developer. 4. For a period of nine months, commencing with the date first above written, Developer may permanently reserve roadway capacity for up to 799 residential units, at any mix of single family units and multi - family units chosen by Developer. To exercise this right, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development less the estimated costs for the improvements. If the estimated costs of the project(s) exceed the actual costs of the project(s), Developer shall pay County the difference between the two within 30 days of providing County with a reconciled statement as set forth below. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities (`Certificate ") vesting the Developer's Project to construct up to 799 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and Page 2 of 6 10F unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate. 5. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50 %), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the o estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the r entitlements for which the estimated transportation impact fees are paid. Once the balance of w the estimated transportation impact fees are paid, those estimated fees are non - refundable. N The Certificate runs continuously with the land in perpetuity after all estimated N cr transportation impact fees have been paid. As building permits are drawn down on the i entitlements, the estimated transportation impact fees already paid shall be debited at the rate 0 of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build - out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 6. It is understood and agreed that one of the foundations of this Agreement is Developer's belief that it can complete these projects at a cost less than the estimates set forth in Exhibit C. Developer is therefore willing to bear all risks that its costs will exceed that set forth in the estimates, and will receive no adjustment whatsoever from the County should the costs be higher. At the completion of the project(s), Developer shall provide County with a reconciled statement of the actual costs Developer incurred in designing, permitting, constructing and providing a CEI for the project(s), and shall be entitled to impact fee credits for these actual costs, not to exceed the engineer's estimates set forth in Exhibit C. 7. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Page 3 of 6 1OF Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. r` 0 11. Except as otherwise provided herein, this Agreement shall only be amended by `" mutual written consent of the parties hereto or by their successors in interest. All notices and 6 other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized `D overnight delivery service, and addressed as follows: N N To County: To Developer: r>4 0 Harmon Turner Building IM Collier Joint Venture Naples, Florida 34112 6704 Lone Oak Boulevard Attn: Norman E. Feder, A.I.C.P. Naples, Florida 34109 Transportation Division Administrator Phone: (239) 774 -8872 Phone: (239) 596 -9067 Facsimile: (239) 774 -9370 Facsimile: (239) 598 -2245 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 12. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 13. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 14. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of Page 4 of 6 1 ' I rs. N c!' C> 14F road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 5 of 6 10F IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk B Attie - eV. . V'� uty Clerk signatw�a onl`�1�" ' AS TO DEVELOPER: rn Signed, sealed and ° delivered in the presence of r p ' Signature /�TC.AtQ,LTt�- N N Prlrite e c-M � o a�Gt, >N z S7a>iCG/ ✓G Printed Name STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ES COLETTA, Chairman IM Collier Joint Venture a Florida Venture By: Mirasol Development, L.L.C.; a Florida limited liability company Its Managing Venturer By: CCMS Development L.L.C.; a Florida limited liability company I a agin M m er By: XL44,4�� Robert Clausen, Managing Member The foregoing instrument was acknowledged before me this FO day of �*12; L, 2007, by Robert Claussen, as s na own o m r has produced Jeff#y A. Kl kow Managing AsIttant County Attorney Managing Member of IM Collier Joint Venture, as identification. ary P lic � Print Name: �/ :5/ 2 / yy� L" My Commission Expires: 20./ u Page 6 of 6 o.. Nota y Publlo State of Flonda John J Staling My Commission DD518651 �.'.a Fer° Expires 04!05/2010 ll�; N N c1� a 0 COLLIER BLVD. (951) f Imo 0 m �0 Cv� m A D co RD 0 3u5m C: o � D �;u m °N a�n m Hi w A °mK Kip m m Z Xm O y m �2 �D my c -< m - m n O v � n x �I l m_ m v LIMITS O r m m C7 00 .P 0 = m mA v >i D o i 14F DA 4 02 cV m 0 X co z O RC 3Z Dmm p D z = 3 mZ —' O u(n n z 0� —I D D O �� G 5 GZ ) $o J Z D Z °D O r m m C7 00 .P 0 = m mA v >i D o i 14F DA 4 02 cV m 0 X co z O N m p D n z D �� G 5 GZ ) Z � co O D r C O ;00 co D Z m cnp HERITAGE BAY ENTRANCE \ LIMITS m o — 1 DO o cn, � � IOF I §2) )7 / °2E )§ 7 ' i22 ma mrm mm m o a-n m \m " 3 $2� m ^ ' /)q....� 2 °?»HERtTAr7E s . ENTRANCE %w .. r \ ) ^ [ � (� I E _ G&24 • cc 7 ; §( } / \ \\ §@ Ac m -0 /(»\ I q $S g ° ®w /� _3 °m j /( \/ nm ]\ / };o . §I 90 ge E\] )2 §k «• %' \\ _ ® :1 Q. n )/ .� z o K§ �m� �e —; f 9< o-n ✓�/ q k ]#� j 22d 9 G) -n S \ L 0 r k % . ( �.7 . «q r ¥ . � r 2 O N r� rI N 6 Q4 LD N N Q ENGINEERS ESTIMATE - IiMOKALEE RD & COLLIER BLVD INTERSECTION (PHASE 1- EAST LEG) EXHIBIT C - TASK A MIRASOL - COLLIER COUNTY 4/25/2007 QTY Unit Item D Rfiptian CATEGORYI.MVXYMY tXRINIRCE OHM HILL Mr. 1 IS MOBILIZATION $ 225,X0.09 $ 225,000w 1 ITS PROVIDE /MAINTAIN "ASBUILT'PLANS $ 15)"w $ 15,01M 00 1 LS PROVIDE CONSTRUCTION SURVEYING A N D LAYOUT $ 35p00 .W $ R4( .W I IS PRESERVATION OF SURVEY MON 1, MENTS $ 20140 $ 2,01.00 1 LS PROVIDE / MAINTAIN PRO] ECT KIT EDULE $ ;500.00 $ 4500w I IS M A I N TENANCE OF TEA FFIC $ lZDXRw $ 125,00040 90 CY COMMERCIAL MATERIAL FOR DRIVEWAY MAI NTENANCE $ 3).50 $ TWOM 40 MIT TRAFFIC: CONTROL OFFICER $ wUP $ 2AWw 480 ED VARIABLE MESSAGE SIGN (2) Or 200 B9ys each $ 20.00 $ 900040 24 ED BALED HAY OR STRAW $ low $ 240.00 240 LF FLOATING TURBIDITY FARRIER $ 6.50 $ IBBow 4.010 LF STA RED SILT FENCE (TYPE III) $ 0.80 $ 3,20040 40 EA RDCK BAGS $ 4.00 $ 160w I IS CLEARING AND GRUBBING $ 45,10140 $ 45,000w 16AW CY CH ANNUL EXCAVATION (I NCLUDE5 ROCK &DEWATERI NG) $ 2000 $ 3204(w I CY EXCAVATION (ROADWAY / DETENTION AREA) g low $ 10.00040 500 CY EXCAVATION SU ESOIL $ 1200 $ 6,000.00 4475 Sy TYPE B ST A BILIZATION(EBB 40) III'] $ 4.00 $ 16,01 .00 IP33 BY LIMBROCX(LBRIW)(6 ") PATHWAYU5001-F) $ 15M $ 27,495.W CUM BY BASE OPTIONAL (BASE CROUP 9) $ 21w $ 72,870X0 10$00 BY MILLING EXISTING ASPHALT PAVEMENT (1- 1 /2 "AVGDEPTH) $ 3.50 $ 35,700 1 1,667 BY 11/2 THICK TYPE 5-111 ASPHALTIC CONCRETE PATHWAY(HWLD $ 10.00 $ 16A70 .W 669 TN SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC D)(335) $ IN,W $ PoA)0m Ib41 TN FRICTION COURSE (T{- 12.5)(DUL RUBBER) (IS ) $ 00.00 $ QU80XO 561 TN SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC D) (OVERBUILD) $ 120.00 $ 67,320.00 24 TN MU<. A5PR CONC. PAVEMENT $ 138.00 $ 3.31200 W CY CLASS I CONCRE TE.RETAINING WALL $ 450.00 $ 9,Gww 42 CY CLASS IV CONCRETE (BOX CULVERT) $ 80.00 $ 33,600 10 1,210 LB REINFORCING STEEL (BOX CULVERT) $ 1.15 $ 3,680.W 2 EA INLETS DP )(110) $ 5500.00 $ 11000.00 3 EA DITCH BOTTOM INLETS (TYPE D),10) $ 5,Bww $ 165(.00 X LF PIPE RCP CLASS III H8 ") INCLUDES CONCRETE COLLARS (2) $ 130.( $ 6500.00 120 LF PIPE OPTIONAL (24 ") $ 145.W $ 17,400 00 I EA M ITERED END SECTION, ROUN D(24') $ 295040 $ 2,75040 2333 LF CONCRETE CURB AN D G UTTER (TYPE F) $ 14W $ 32662.W 855 LF TEAL SEPARATOR (CONCRETE) (TYPE IV) N, WIDE) $ 35.W $ N,925( 4( BY PAVERS, ARCH ITECTURAL $ flow $ a,soom 3329 TN RIPRAP DITCH LINING (INCLUDES CEOTEXTILE FABRIC) $ 90.00 $ 299,Gtow 720 LF CUARDRAI L(ROADWAY) $ 2000 $ 14,4Ww 4 EA EN D ANCHORAGE ASSEM FLY $ 1,51w $ 6,0W 00 14,010 BY SODDING (BAH IA) Mtledes WaRC FertIieep MO-,) $ 250 $ 35,01.W CATEGORY I- ROADWAY TOTAL $ L798,234,00 _ CAIEGORYO-INGS 10 MYE1KNTMMNNGE 0.25 MI SIGNING AND PAVEMENT MARKINGS $ 40,0100 $ 1pL1w CATEGORY II- SIGNING It PAVEMENT MARKINGS TOTAL $ 10400.00 __ _ CATEGORY M.U(iBiE1G 1 IS LIGHTING $ 20,000( 1 1 $ 20,000.( CATEGORY III - LIGHTING TOTAL $ 24000.( cAtEGOiirw�4nEaMlee_. -_- __ -__ 11 TN FITTING5D1(F& 1) (RESTRAINED JOINT) ( INCLUDES SOLID SLEEVES W /GLANDS) $ 9X0w $ 99/0].00 200 LF PIPE DI(F& 1) (RESTRAINED JOINT) Ot, CI-250) $ 4X,00 $ 80mm 200 LF PIPE PVC (F& 1) (RESTRAINED JOINT) (12 "PR2W) $ 130.00 $ 26,000w 200 LF PIPE PAC IF& 1) (RESTRAINED JOINT)(16 "PRNO) g HOW $ 2801( 4 EA VALVE ASSEMBLY /AIR RELEASE (WATER) $ 5,0OU00 $ 20400,00 4 EA VALVE ASSEMBLY /AIR RELEASE(RCW) $ 5,0140 $ 24o( .X 4 EA VALVE ASSEMBLY /AIR RELEASE (SEWER) $ 500040 $ 201(.00 CATEGORY IV- UTILITIES TOTAL 8 293w0.00 TOTAL CONSTRUCTION EXHIBIT A $ 2,121,234.00 TOTAL DESIGN EXHIBIT A $ 190,000.00 TOTAL CEI EXHIBIT A $ 260,000.00 TOTAL PROJECT COST EXHIBIT A $ 2,571,234.00 l0F 4C Ilse M C..15 kn� <O N N �c y 0 4JC ENGINEERS ESTIMATE - IMMOKALEE RD & COLLIER BLVD INTERSECTION (PHASE 1- EAST LEG) EXHIBIT C - TASK B MIRASOL - COLLIER COUNTY 4/25/2007 QTY Unit I Item Description CATISM I . ROADMY UNB p"= I I Cwallm . EBT. 1 IS IMOBILIZATION $ 40001100 1 1$ 40,00000 1 IS PROVIDE /MAINTAIN AS BUILT"PLANS $ 5)0000 $ 40000 $ 51000.00 1 IS PROVIDE CONSTRUCTION SURVEYING ANDLAY OUT MAINTENANCE OF TRAFFIC $ 15_,000.00 $ 130.0 $ 15,000.00 1 IS $__ 40,000.00 PIPE PVC (F & 1) (RESTRAINED JOIN) (16" PR200) $ 40,000.00 1 ,000 LF STAKED SILT FENCE (TYPE Ill) $ 0.80 VALVE ASSEMBLY /AIR RELEASE (WATER) $ 800.00 40 EA ROCK BAGS $ 4.00 VALVE ASSEMBLY /AIRRELEASE(RCW) $ 160.00 1--C- ARING AND GRUBBING $ ]0000.00 VALVE ASSEMBLY /AIR RELEASE (SEWER) $ 10,000.00 616 SY PAVEMENT REMOVAL OF EXISTING CONCRETE $ 20.00 $ 12,320.00 W Cy EXCAVATION (ROADWAY) $ 10.00 $ 800.00 730 Cy EMBANKMENT $ 20.00 $ 14,600.00 1,243 SY TYPE B STABILIZATION(LBR 40)(12') $ 4.00 $ 4,97200 880 SY BAS E,OPTIONAL(BASE GROUP 9) $ 21'00 $ IBA80.00 MILLING EXI STING ASPHALT PAVEMENT (1- 1 /2 "AVGDEPM) $ 3.% $ 13,650.0 IN SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC D) (3S ") $ 100.00 $ 17,000.00 TN FRICTION COURSE (FC -12.5) (IJCL RUBBER) (1.5 ") $ 8000 $ 45,920.00 TN SUFERPAVE ASPHALTIC CONCRETE (TRAFFIC D) (OVERBUILD) $ 120.00 $ 25,800.00 k2,4NSY TN MISC. ASPH. CONC. PAVEMENT $ 138.00 $ 3A60.00 CY CLASSI CONCRETE - RETAINING WALL (GRAVTN WALL) g 450.00 $ 13500.00 LS INLET ADJUSTMENT (RELOCATE Sl, S3) $ 3,500.00 $ 7,000.00 LF PI'E OPTIONAL (18 ") INCLUDES CONCRETE COLLARS (2) $ 13000 $ 1560.00 LP CONCRETE CURB AND GUTTER (TYPE F) $ l4. W $ 33,600.00 270 SY PAVERS, ARCHITECTURAL $ 80.00 $ 21,600.00 730 LF GUARDRAIL (ROADWAY) $ 20.00 $ 14,600.00 1 EA END ANCHORAGE ASSEMBLY $ 1 500.00 $ 11500.00 3300 SY SODDING (BAHIA) (Includes Water, Fertilizer, Mowine) S 2.,% $ 8.250.00 1 CATERPRY IV • UTRzrm5 . 5.5 TN FITTINGS DI (F & 1) (RESTRAINED JOINT ) (INCLUDES SOLID SLEEVES W /GLANDS) $ 9000.00 50,000.00 $ 49,500.00 IN LF PIPE DI (F & 1) (RESTRAINED JOINT) (36" CUM) $ 40000 $ 40,000.00 IN LP PIPE PVC T & 1) (RESTRAINED JOINT) (12" PR200) $ 130.0 $ 13,000.00 IN LF PIPE PVC (F & 1) (RESTRAINED JOIN) (16" PR200) $ 140.0 $ 14,000.00 2 EA VALVE ASSEMBLY /AIR RELEASE (WATER) $ 5'00000 $ 10000.00 2 EA VALVE ASSEMBLY /AIRRELEASE(RCW) $ 5000.00 $ 10,000.00 2 EA VALVE ASSEMBLY /AIR RELEASE (SEWER) $ 5,000.00 $ 10,000.00 CATEGORY IV- UTILITIES TOTAL $ 146,500.00 TOTAL CONSTRUCTION EXHIBIT B $ 528,862.00 TOTAL DESIGN EXHIBIT B $ 50,000.00 TOTAL CEI EXHIBIT B $ 60.000.00 TOTAL PROJECT COST EXHIBIT A & B $ 3,210,096.00 QF 10G DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 20080 10H DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 2008. 1644, MEMORANDUM Date: May 10, 2007 To: John Houldsworth, Senior Engineer Engineering Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -106 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A2), approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please feel free to contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J611— THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. I he 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 fines #1 through 04 as appropriate for additional signatures, dales, and/or information needed. 11 the document is already complete with the exception of the Chairman's signature. draw a line thrnunh maim- Imps # I thr rich d4 r nnh-rro the and rte.. ,t 1,. Q­ ru--, ir...., 1<1 Route to Addressee(s) (List in routing order) Office Initials Date 1. J L)l-W) 094%1 (Initial) k C. $ } 7 Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. r $ p Z 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information_ All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact J L)l-W) 094%1 (Initial) k C. $ } Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC r $ p Z Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached $ j,1 6 t-1 &07 - tO(p Documents Attached INSTRUCTIONS & CHECKLIST l: Forms/ Comity Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 .04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) A plicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attomey's / Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document orthe final negotiated contract date whichever is applicable. J1� 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. J 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on S p (enter date) and all changes N/A is not made during the meeting have been incorporate in the attached document. The 4 1 an option for County Attorney's Office has reviewed the changes, if applicable. line 6. l: Forms/ Comity Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 .04, Revised 1.26.05, Revised 2.24.05 16 RESOLUTION NO. 07-10 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN QUAIL WEST PHASE III, UNIT FOUR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 73 THROUGH 76; 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 QUAIL WEST FOUNDATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 27, 2001 approved the plat of Quail West Phase III, Unit Four 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 Quail West Phase III, Unit Four, pursuant to the plat thereof recorded in Plat Book 37, pages 73 through 76, 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 Quail West Foundation, Inc. This Resolution adopted after motion, second and majority vote favoring same, this 1 — day of 12007. DATUt ATTEST; D)AdGHT E. BROCK; -CLERK AtteSt 6s tam" Signature oniti t,�i; Approved as to form and legal sufficie cy: Jeff rig t Assi stCollier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JA S COLET A, c H, k'rR M AN Item# 16P.z` Agenda Date Date 6 Recd � 16A5 MEMORANDUM Date: May 10, 2007 To: John Houldsworth, Senior Engineer Engineering Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -107 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A3), approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please feel free to contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP tir A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and onginal 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 execution of the Chairman's signature. draw a line through naming lines 41 through #4_ comnlete the chnckli,1 and forward rn Sue Fill— fli— as) Route to Addressee(s) (List in rroouu�tin2 order) Office Initials Date Contact 64 Ap (Initial) A plicable 7 Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 3. Sh I.b-+ (JL. . S 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the onginal document pending BCC approval. Normally the primary contact is the person who creatediprepared 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 he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable eolutrul, whichever is Phone Number N/A (Not Contact 64 Ap (Initial) A plicable Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC Sh I.b-+ (JL. . S Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached �„F. (_,z b p t� 2467-10-1 Documents Attached INSTRUCTIONS & CHECKLIST 1, Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1_26.05, Revised 224.05 Initial the Yes column or mark "N /A" in the Not Applicable eolutrul, whichever is Yes N/A (Not appropriate. (Initial) A plicable 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. `Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on O (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. 1, Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1_26.05, Revised 224.05 RESOLUTION NO. 07--107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN QUAIL WEST PHASE III, UNIT SIX, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 6 THROUGH 11; 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 QUAIL WEST FOUNDATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 24, 2003 approved the plat of Quail West Phase III, Unit Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Quail West Phase III, Unit Six , pursuant to the plat thereof recorded in Plat Book 40, pages 6 through 11, 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 Quail West Foundation, Inc. This Resolution adopted after motion, second and majority vote favoring same, this $ day of �%Yl a _ 2007. DATE: ATTEST. DWIGHT E. BROCK, '-n -�dW Approved as to form and legal suffic' cy: Jeff ri t Assis t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA viol N��aRVI� /� \f_�b'Y \ \� Item 4 16 A-3 Agenda Date Dete Recddd S 07 /� YY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routine lines # 1 through 44_ emmnlete the checklist and forward in snP pdcnn ni, u;N Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Arnold Code Enforcement (Initial) 9i- Z*• 0 2. Judy Puig CDES Agenda Item Number 5/4 Q� 3. Joseph Schmitt CDES t0Ai 4. Marlene Stewart CDES Number of Original b79 a 7 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Shirley M. Garcia Phone Number 213 -2994 Contact appropriate. (Initial) Applic able) Agenda Date Item was was rn 0. gt 007 y Agenda Item Number 1l 'I 1 A roved b the signed by the Chairman, with the exception of most letters, must be reviewed and signed t0Ai Type of Document Executive Summary Number of Original 0 t Jr Attached Release & Satisfaction of Lien Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip SMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. document was approved by the BCC on WiP (enter date) and all changes SMG 1The made during the meeting have been incorporated In the attached document. The EL County Attorney's Office has reviewed the changes, if applicable. I I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A4 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $160.00. Funds are budgeted and available in the current fiscal year in the Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfaction of Code Enforcement Liens. PREPARED BY: Shirley M. Garcia, Administrative Secretary — Code Enforcement EXECUTIVE SUMMARY 16 A 4 Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. OBJECTIVE: To approve execution and recording of the Release and Satisfaction of the listed Liens, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: Reference Owner of Record Lien Amount 2913 Neurology Physicians Bldg. & Land, LLC $470.00 OSM 2005090021 William & Irene Scherer $155.00 OSM 2005070817 William & Irene Scherer $55.00 OSM 2005020109 William & Irene Scherer $1,250.00 OSM 2005110021 William & Irene Scherer $55.00 OSM 2005110026 William & Irene Scherer $55.00 OSM 2005110025 William & Irene Scherer $55.00 OSM 2005060335 Peggy H. Taylor $255.00 S33,678,35 94 -336 Lorraine Patton $2,323.71 2004 -269 Joseph Faccone $327.57 OSM 2005120270 JALP, LLC $360.00 OSM 2005080194 Ralph Abercia $255.00 OSM 2005080/95 Ralph Abercia $255.00 2002 -201 Harold & Thelma Thomas $298.30 OSM 2005090411 Baton Rouge, LLC $305.00 TOTAL $40,152.93 4016196 OR: 4221 PG: 0115 RECORDED Jr. OFPICIAL RECORDS of COLLIER COUNTY, FL 050102007 at 08:24AN DWIGHT E, BROCE, CLERK REC FEE i0.00 This instrument prepared by: CnJ IF6 '_,Q0 Jeff E. Wright Re'°' Assistant County Attorney CLERK TO THE BOARD 2800 N. Horseshoe Drive, Ste 301 INTEROFFICE 4TH FLOOR Naples, Florida 34104 EKT 1240 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN 16 A4 This is to certify that the claim of lien arising out of the Office of the Special Master Order dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Page(s) 0019, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Neurology Physicians Building & Land, LLC, has been discharged in full. Lots 7 and 8, Block B, EASTGATE SUBDIVISION, Collier County Florida Folio No. 30480280009 Cost: $470.00 Reference: #2913 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned Neurology Physicians Building & Land, LLC, and consents to this lien being discharged of record. Dated this '6l` day of , 2007. ATTEST: `- " DWIGHT E. BROCK, Clerk By: i+,.. e uty Clerk Approved as to form and legal sufficiency: t Jef E. rig t Asst t t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,. s By: JA ES COLETTA, CHAIRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016197 OR: 4227 PG; 0176 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 08:240, DWIGHT E. BROCK, CLERK Retn: CL8RK TO THE BOARD INTEROFFICE 4TH FLOOR. E %T 7240 REC FEE 10.00 COPIES i.00 RELEASE AND SATISFACTION OF LIEN 16 A4 This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3818 -19, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 118 Fairways Circle (Palm River Estates Unit 2, Lot 784) Naples, Florida Folio No. 65271880007 Cost: $155 Reference: Case No: OSM 2005090021 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of Mam , 2007. ATTEST: DWIGHT E. MOCK, B Y N. - Approved as to form and legal sufficiency: Jeff right Assi t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA �_ G Clerk W�S This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016193 OR, 4227 PG: 0177 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 0511012007 at 0E:24AN DWIGHT E. BROCK, CLERK, RBC FEE i0.00 CORIE 1.00 R.etn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 7240 RELEASE AND SATISFACTION OF LIEN 1 6 `f I This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3808 -09, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 523 97th Avenue North (Naples Park Unit 6, Block 35, Lots 19 & 20) Naples, Florida Folio No. 62831720005 Cost: $55 Reference: Case No: OSM 2005070817 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this '&' day of ) )19 12007. ATTEST: DWIGHT' E. BROCK, Clerk By:� T ,` t4n _- uty Clerk Approved as to form and legal sufficiency: Jef E. i'ght As nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i. This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016199 OR: 4227 PG: 0178 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, F1 08110/2007 at 08 :24AR DWIGHT E. BROCK, CLERK; REC FEE 10.00 COFIE.B 1.00 Retn; CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 RELEASE AND SATISFACTION OF LIEN 16 A j, 1 This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3810 -11, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 8 and 9) Naples, Florida Folio No. 74410241003 Cost: $1,250 Reference: Case No: OSM 2005020109 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this V'h day of M iN 12007. ATTEST; ' . DWIGHT E. BROCK', Clerk By ^t.tgst to C' Omj s eputy Clerk s t gitatuse .br 1 Bt! d ",." Approved as to form and legal sufficiency: Jef E. 'Vri rt Ass ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: �t G JAMES C0LETTA, CHA This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016200 OR. 4221 PG; 0119 RECORDED in OFFICIAL RECORDS of COLLIER. COUNTY, FL 05(10(2007 at 08:24AN DWIGHT E. BROCK, CLERK Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR EFT 7240 RBC FEE 10,00 COPIES I.00 RELEASE AND SATISFACTION OF LIEN 16 A 4 14 This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3816 -17, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lot 12) Naples, Florida Folio No. 74410360007 Cost: $55 Reference: Case No: OSM 2005110021 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this V0 day of _M Q,u 2007. ATTEST' DWIG14T E. BROCK, Clerk By: Ili •= d -ig? !►Af . eputy Clerk Signature oa'i , ­V Approved as to form and legal sufficiency: Jeff right Assi ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J ES COLETTA, C AIRMAN * ** 4016201 OR: 4227 PG: 0180 * ** RECORDED to OFFICIAL RECORDS of COLLIER COUNTY, FL 0+11012007 at OE:24AM DWIGHT E. BROCK, CLERK This instrument prepared by: REC PEE 10.00 Jeff E. Wright COPIES I,00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 EYT 7240 RELEASE AND SATISFACTION OF LIEN 1 6 A 4 l This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3812 -13, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 16, 17 and 18) Naples, Florida Folio No. 74410400006 Cost: $55 Reference: Case No: OSM 2005110026 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of aM 2007. ATTEST`'` DWIGHT E. BROCK, Clerk By: -.: P2 .n Casa ii ®en Y eputy Clerk itl;;sr� on'Ya . Approved as to form and legal sufficiency: r Jeff A. WrigHt AssistVt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016202 OR; 4227 PG: 0131 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 05(1012007 at 08:24AN DWIGHT E. BROCK, CLERK AEC PER 10,00 COPIES 1.00 Retn,: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR FET 7'240 RELEASE AND SATISFACTION OF LIEN 16A4 1 This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3814 -15, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 13, 14 and 15) Naples, Florida Folio No. 74410400006 Cost: $55 Reference: Case No: OSM 2005110025 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this 84h day of M &1 , 2007. ATTEST: DWIGHT E.,BROG,K, Clerk By: ?n ,D uty Clerk Approved as to form and legal sufficiency: Jeff ri t AssikAt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J4<1ES COLETTA, C AIRMAN This instrument prepared by: Jett E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016203 OR: 4227 PG: 0132 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FI 0511012007 at 08:24AN DWIGHT B. BROCK, CLERK RBC FEB 10,00 COFIBS i,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 RELEASE AND SATISFACTION OF LIEN l 6 A 4 "q q This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007 in O.R. Book 4171 Page(s) 0005 -0006 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Peggy H. Taylor, has been discharged in full. Folio No. 51690320000 Cost: $255.00 Reference: 2005060335 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Peggy H. Taylor, and consents to this lien being discharged of record. Dated this q4h day of tr 2007. ATTEST" DWIGHT E. BROCK, Clerk AtteStya / ^D uty Clerk signature o0j" Approved as to form and legal sufficiency: k of . WUght tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: AdMES COLETTA, C AIRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016204 OR: 4227 PG: 0183 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 0E:24AN DWIGHT E, BROCK, CLERK REC FEB 10.06 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 RELEASE AND SATISFACTION OF LIEN 16 A 4 A This is to certify that the claim of lien arising out of Resolution No. 94 -336 of the Collier County Board of County Commissioners dated May 10, 1994, a certified copy of which was recorded on June 9, 1994 in O.R. Book 001955, Pages 002227 -228 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Lorraine Patton, has been discharged in full. Lorraine Patton 228 Singletary Street Copeland, FL 34137 Folio No. 01134801802 Cost: $2,323.71 Reference: Resolution No. 94 -336 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Lorraine Patton, and consents to this lien being discharged of record. Dated this gih day of Mam 12007. ATTEST: DWIGHT.E.,BROCK, Clerk By: btteSt E5 T4 Veputy Clerk signature onl M Approved as to form and legal sufficiency: (t'�l X.,1 k Je E Wight As V ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016205 OR; 4227 PG, 0184 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 08 :24AN DWIGHT L BROCK, CLERK RBC FEB 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 7240 RELEASE AND SATISFACTION OF LIEN 1 6 A 4 `q This is to certify that the claim of lien arising out of Resolution No. 2004 -269 of the Collier County Board of County Commissioners dated September 21, 2004, a certified copy of which was recorded on October 15, 2004 in O.R. Book 3661, Page 1190 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Joseph Faccone, has been discharged in full: Joseph Faccone 5265 28f' Place SW Golden Gate City Unit 7, Block 243, Lot 15 Folio No. 36441680008 Cost: $327.57 Reference: 2534 / Resolution No. 2004 -269 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Joseph Faccone, and consents to this lien being discharged of record. Dated this ?4,h day of May , 2007. ti ATTEST: DWIGH3r,E.,BROCK, Clerk By: Att,.'.:, �S NalNalt"zw eputyClerk signature on19. Approved as to form and lega ufficiency: Je f E. W k ht As st nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 44�2 - ES COLETTA, CHAIRMAN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Pages 3689 -90 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by JALP, LLC, has been discharged in full. 5234 Martin Street Naples Manor Addition, Block 4, Lot 9 Folio No. 62092120004 Cost: $360.00 Reference: OSM Case No. 2005120270 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by JALP, LLC, and consents to this lien being discharged of record. Dated this ?4h day of 12007. ATTEST: DWIGHT E. BROCK, Clerk putt' Clerk ayit�iut� lH%19,t �, Approved as to form and legal sufficiency: 1 T County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA * ** 4016206 OR: 4227 PG: 0185 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 08:24AN DWIGHT B, BROCK. CLERK This instrument prepared by: REC FEE 10.00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 EET 7240 RELEASE AND SATISFACTION OF LIEN 16 A 4 11 This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Pages 3689 -90 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by JALP, LLC, has been discharged in full. 5234 Martin Street Naples Manor Addition, Block 4, Lot 9 Folio No. 62092120004 Cost: $360.00 Reference: OSM Case No. 2005120270 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by JALP, LLC, and consents to this lien being discharged of record. Dated this ?4h day of 12007. ATTEST: DWIGHT E. BROCK, Clerk putt' Clerk ayit�iut� lH%19,t �, Approved as to form and legal sufficiency: 1 T County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA * ** 4016207 OR: 4227 PG: 0186 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 08:24AN DWIGHT B. BROCK, CLERK This instrument prepared by: REC FEE 10.00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 FKT 7240 RELEASE AND SATISFACTION OF LIEN 16114 This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Page 3673 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ralph Abercia, has been discharged in full: Folio No. 00298120501 (no address available; 16.19 acres north of Magnolia Pond Drive and west of Collier Blvd.) Cost: $255.00 Reference: OSM Case No. 2005080194 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Ralph Abercia, and consents to this lien being discharged of record. Dated this 14h day of M aq 12007. ATTEST. DWI(?HT E. BROCK Clerk By: Ian Rtt83t`8S to Chaim�utyClerk Approved as to form and legal sufficiency: JekE.JV6right As Vs ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Page 3671 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ralph Abercia, has been discharged in full: Folio No. 00296520006 (no address available; 44.34 acres north of 1 -75 and west of Collier Blvd.) Cost: $255.00 Reference: OSM Case No. 2005080195 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Ralph Abercia, and consents to this lien being discharged of record. Dated this $ day of M 0e1 , 2007. ATTEST „_�'' DWIGRt E. BROCK, Clerk 4 i:a.:a z” 4D p ty Clerk Approved as to form and legal sufficiency: O_V� Jef E. fight Ass s nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 46 ANIES COLE TA, CH IRMAN * ** 4016208 OR: 4227 PG: 0187 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 08 :24AN DWIGHT E. BROCK, CLERK This instrument prepared by: REC FEE 10.00 Jeff E. Wright COFIF: 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 HET 7240 RELEASE AND SATISFACTION OF LIEN 1 6 A 4 This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Page 3671 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ralph Abercia, has been discharged in full: Folio No. 00296520006 (no address available; 44.34 acres north of 1 -75 and west of Collier Blvd.) Cost: $255.00 Reference: OSM Case No. 2005080195 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Ralph Abercia, and consents to this lien being discharged of record. Dated this $ day of M 0e1 , 2007. ATTEST „_�'' DWIGRt E. BROCK, Clerk 4 i:a.:a z” 4D p ty Clerk Approved as to form and legal sufficiency: O_V� Jef E. fight Ass s nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 46 ANIES COLE TA, CH IRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4016210 OR; 4227 PG, 0189 RECORDED in OFFICIAL RECORDS of COLLIER. COUNTY, PI 05/10/2007 at 08:24AN DWIGHT B. BROCI, CLERK REC PRE 10.00 COPIES i.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR FIT. 7240 RELEASE AND SATISFACTION OF LIEN 16A4 This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192 Page(s) 3685 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Baton Rouge, LLC, has been discharged in full: Folio No. 36319840006 Cost: $305.00 Reference: 2847 / OSM Case No. 2005090411 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Baton Rouge, LLC, and consents to this lien being discharged of record. Dated this Q'Ih day of M aq , 2007. ATTEST,> BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: l/ By. /r`' Attest '11= to Mf puty Clerk JAXIES COLE TA, C IRMAN signature ooiy Approved as to form and legal sufficiency: Jeff ri t Assis t County Attorney * ** 4016209 OR: 4227 PG: 0188 **" This instrument prepared by: RECORDED 1.n OFFICIAL RECORDS of COLLIER COUNTY, F1 Jeff E. Wright, Assistant Count Attorney O5I1012007 at 08:24AN DNIGHT B. OC CLERK g y y RH F C FEE 10.00 2800 North Horseshoe Drive, #301 COPIES 1.00 Naples, FL 34104 Retn: (239) 213 -2939 CLERK TO THE BOARD INTHROFFICE 4TH FLOOR SATISFACTION OF LIE KT 7240 16 A KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002 -201 against: Harold J. and Thelma M. Thomas Golden Gate Unit 5 Block 156 lot 6 Naples, FI The lien was recorded on May 14, 2002, Official Record Book 3036 Page(s) 1514, of the Public Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Fifty -five Dollars, plus accrued interest, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: Lot 6 Block 156 Unit 5 Part - Golden Gate / Folio: 36233640007 Cost: 298.30 Reference: #2088 /Resolution 2002 -201 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from Alien Paz, the current property owner, as full satisfaction of the lien and hereby cancels said 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 on this 94h day of _ M qq , 2007. ATTEST DWIGHT E. BROCK, Clerk . 7s putt' Clerk .n,1 as to form and legal sufficiency County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN r� // /' 16'10 MEMORANDUM Date: May 10, 2007 To: John Houldsworth, Senior Engineer Engineering Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -108 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A10), approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please feel free to contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be for to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines pl through N4 as appropriate for additional signatures, dates, and/or information needed- If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through k4, complete the checklist. and forward to Sue Filson rlinP ac) Route to Addressee(s) (List in routing order) Office Initials Date Contact Vt-Wfi (Initial) S 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. KM si, Ile, A- 10 4. (� Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 ereateci/prepared the executive summary. Primary contact information is needed in the event one of 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact Vt-Wfi (Initial) S Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC KM si, Ile, A- 10 Type of Document (� Number of Original Attached 607 Documents Attached INSTRUCTIONS & CHECKLIST u I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 124A5 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a2pticable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! J 6. The document was approved by the BCC on g D (enter date) and all changes N/A is not made during the meeting have been ineorpora a in the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. I line 6. u I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 124A5 RESOLUTION NO. 07-. IQ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN INDEPENDENCE PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 44 THROUGH 46; 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 INDEPENDENCE HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 15, 2004 approved the plat of Independence Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Independence Phase One , pursuant to the plat thereof recorded in Plat Book 41, pages 44 through 46, 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 Independence Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this _$ day of , 2007. DATE: S�9�o Z BOARD OF COUNTY COMMISSIONERS ATTEST:' COLLIER COUNTY, FLORIDA DWIG14T E. BROCK, CLERK By: p p�irty . Jerk AMES COLETTA, CHAIRMAN Approved as to form and legal suffi ' cy: 1lo Fb IU _g p7 Jeff fight Assi ant Collier County Attorney , cd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 2 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 m he forwarded to the Board Office only fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in muting order) Office Initials Date 1. appropriate. Initial) Applic able) Agenda Date Item was 2. Agenda Item Number 16 B 2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Developer Contribution Agreement Number of Original 4. Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 417 -6064 Contact appropriate. Initial) Applic able) Agenda Date Item was 05 -08 -07 Agenda Item Number 16 B 2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Contribution Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forrns/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from J 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 NL Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. L" 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain _ ti ) time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05 -08 -07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The L County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forrns/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ,` 16 B 2 FIRST AMENDMENT TO DEVELOPER CONTRIBUTION AGREEMENT CALUSA PINES THIS FIRST AMENDMENT TO DEVELOPER CONTRIBUTION AGREEMENT Calusa Pines ( "First Amendment "), is made and entered into this :i day of 2007, by and between Calusa Pines Golf Club, LLC, a Florida limited liability company h6reinafter referred to as "Developer," whose address is 33 North Dearborn Street, Suite 1610, Chicago, Illinois 60602, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." the public interest and with the County's comprehensive plan, and other regulations pertaining to o t. development. a� 6 m WITNESSETH: t. o- NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and . . y . . Fvaluable consideration exchanged amongst the parties, and in consideration of the covenants °Contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 1 of 3 RECITALS: WHEREAS, Developer and County entered into the Developer Contribution Agreement dated November 29, 2005, recorded in Official Records Book 3960, Pages 1146 -1160 in the a Official Records of Collier County, Florida ( "DCA "); and V P9 d O " WHEREAS, the County has determined that it needs additional right -of -way from the Developer for the Construction of a by -pass road, which right -of -way County estimates has a fair market value of $50,000; and rn rn s 0 �+ 0 S WHEREAS, Developer is willing to donate at no cost to County the additional road right- of -way in exchange for (1) the ability to extend required Transportation Impact Fee payments to cx. January 1, 2008, (2) the option to lessen the number of residential units Developer can vest, and o m (3) a written acknowledgment by the County that Developer has fully satisfied its on -site and N off -site transportation requirements to pay for sidewalks and bike lanes adjacent to County roads, which has always been the understanding between the parties; and a s ° �o = = WHEREAS, the Developer's additional donation will assist the County in constructing a U R' o o by -pass roadway system allowing approximately 5,000 — 7,000 vehicle trips to avoid the intersection of Immokalee Road and Collier Boulevard; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and o� ao o WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to o t. development. a� 6 m WITNESSETH: t. o- NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and . . y . . Fvaluable consideration exchanged amongst the parties, and in consideration of the covenants °Contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 1 of 3 2. Developer shall convey or cause to be conveyed in fee simple to County, free of charge and with no impact fee credit, the property described in Exhibit "A" to the First Amendment no later than September 30, 2007. This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit `B ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein, shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of o $1,000 per day for each day past the above 60 -day deadline the warranty deed is not delivered to N County. Such liquidated damages will be paid in place of County's claims for actual damages. a 3. Paragraph 8 of the DCA is amended as follows: N "At the earlier of plat approval or January 1, 2008, n months after plat submittal to may; Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of p Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct up to 530 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for the up to 530 units. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate." 4. The County acknowledges that the Developer has fully satisfied its on -site and off -site transportation requirements to pay for sidewalks and bike lanes adjacent to County roads. 5. Except as modified by this First Amendment, the DCA remains in full force and effect. If there is a conflict between the terms of the First Amendment and the DCA, the terms of the First Amendment shall prevail. 6. Developer shall execute this First Amendment prior to it being submitted for approval by the Board of County Commissioners. This First Amendment shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this First Amendment. Developer shall pay all costs of recording this First Amendment. A copy of the recorded document will be provided to the Developer upon request. 7. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either Page 2 of 3 patty may then file an action in the Circuit Courlrt of Collier County, which shall be the exclusive venue with respect to any disputes arising out of f this Agreement. IN WITNESS WHEREOF, the patties hetereto have caused this Agreement to be executed by their appropriate officials, as of the date first a above written. Attest: DWIGHT,E.;.BROCK, Clerk "St dY.: E0 C a 4 eputy Clerk ° signature ontr' N W NESSES: n. Print Name: C / . L' N c7' J e2' 6 C� o Print Name: -e r t/;IK» STATE OF FLORIDA COUNTY OF Co U to R BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ,FLORIDA, By: 44- 4- 1� AMES COLETTA, Chairman CALUSA PINES, LCC, a Florida limited liability company Gary V. hensoff Managing Member The foregoing instrument was ackn:nowledged before me this M Ay 2007, by Gary V. Cherensoff, as Nina r M b LLC, a Florida limited liability company, whoo is [X produced driver's license no. (SEAL) A. e 1 � M." an g in em er personally known _ as identification. to 2 day of of Calusa Pines, me, or [ ] has (Type or Print) I My y Commission Expires: 2'} p'} as to fqrm NANCY M. CAPLE �ffi c :° MY COMMISSION 410045594[ EXPIRES. MAY 27, 2007 ox 41'� Bonded through 1st State Insurance County Attorney Page 3 c of 3 1692 . 1 party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Deputy Clerk JAMES COLETTA, Chairman The foregoing instrument was , 2007, by Gary V LLC, a Florida limited liability company. produced driver's license no. (SEAL) as to A. County Attorney CALUSA PINES, LCC, a Florida limited liability company Gary V. Chensoff Managing Member acknowledged before me this day of Chensoff, as Managing Member of Calusa Pines, who is [ ] personally known to me, or [ ] has as identification. NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 3 of 3 N C7 N C7 a �.o N N c3 O EXHIBIT "A" THE SOUTHMEST CORNER OF SECTION 25 -48 -26 16 62 j { 'm . 4` SCALE IN FEET IF 25 -48 -26 LINE TABLE LINE BEARING LENGTH L1 '4 ' 8 "E L2 '4 ' 8 "E .00' L3 1' .30' L4 71'39'03E 48.09' LS 8 '4 ' 8 "E 45.04' L6 SO '1 40.04' DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA AND RUN SOUTH 89'49'28" EAST ALONG THE SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH 0218'36" WEST, A DISTANCE OF 130.12 FEET; THENCE SOUTH 89'49'28" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH g 28'21'55" EAST, A DISTANCE OF 68.30 FEET; THENCE SOUTH 71'39'03" EAST, A DISTANCE OF 48.09 FEET; THENCE SOUTH 82'26'28" EAST, A DISTANCE OF 116.73 FEET; THENCE SOUTH 89'49'28" EAST, A DISTANCE OF 45.04 FEET; THENCE SOUTH 02'18'36" EAST, A R DISTANCE OF 40.04 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 25; THENCE THENCE NORTH 89'49'28" WEST, ALONG THE SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 240.23 FEET TO THE SAID POINT OF BEGINNING. C PARCEL CONTAINS 13,737.93 SQUARE FEET OR 0.32 ACRES, MORE OR LESS. s SURVEYOR'S CERTIFICATION: NOTES: 1. THIS IS NOT A SURVEY. 8 —arty EN33ftn (Fort Irm L6/842) ' 2. BEARINGS ARE BASED ON THE SOUTH LINE OF THE Professional Lane Surveyor n SECTION 25 AS BEING SOUTH 89'49'28" EAST. Florida CarliScol No. 5385 uuT 3. SUBJECT TO EASEMENTS. RESERVATIONS AND Dota SIigd It lt raNM a5ww� / rf RESTRICTIONS OF RECORD. dal olio Florida ilcrued and M-00 SKETCH 2350 STANFORD COURT NAPLES, FLORIDA 34112 WE RI CALUSA PINES GOLF CLUB, LLC PFAXE((g) ) 434-93203 �F PR2O N0. R12 M0. scAS BiQT NG T N E E R NG E.B. /542 8: L8. 0642 FEB 2007 20055748 25 -b -ie AS 5X03434 I 1 OF 1 M O N W N N cF' C� O -x -x rAQ.tttsrwt4w fatt�afrnt�lnawin EXHIBIT "B" . ❑ - . 1682 i THIS WARRANTY OM made M _ day d 20_. by. ptewtrtdlw IWM b w 'Yiwr . whose post ofte bo* b (ADDRESS) to CDLLER COUIRY. a poWloM sttbdnblat d tyre S1aN d Fbdda b attxeesow and awipw, where post dke addtees b 5901 Tatttbmi Tsai East, Napier, Fbdclk 34112 (hw*W dw ttsbned to w'Grwftoo). (Whenwr uwd iterak tlw Wm Vmnbr and'Grantes' etdtrde d IAs pad w to ttb bsbumwt wd Vwk wepeosva help. 4M wprawntdvss, suamo wt and anWAL) WRNESSETFt That to Grardw, for and in - 11, tlan of ttre sum of Tan Dolm ($Mo and ct w v*Mtabb aondderaa rsoW atlwttd b hereby = mO bdpd. hereby ranAk bag" uft. dwia. I a, IObe . Cwwwo wW tw *m unto 1M Gra - d #W aarbb bW sswb In Coisr Couty, RodcK to wit Sw AtaeltW E*M 6A' whbh k' , , , - , herab by tNsrerwa. subw b sagmen", I' l, ww rwwvsftw d woad. Thb b NOT the Hmu wsW properly of Mte Gmnlor. TOGETHER whh d to wwntlti, hwedibmwta and appuwwww twoM ba m*V or In artywiw apps Writ TO HAVE AND TO HOLD tits wtme In fee sblpb *mm. AND dw Gwnw hereby aoverrertb w*h said Gwnbs that the Gwntor is bwltray wood of mM bnd M fw sbpW, td tre Grantor hw good rW aW MwM m*wdty to so and oawey said W4 td tte Gtwtbr hereby hiry wartanb Vw isb to said brd and vela dstwd ft sans spi d to bwld d&m of d por uhmmewr; and Bret sent Ww b hw of as encumbr wm esoept as, above. IN WITNESS WHEREOF. tre wd Grantor hw epnW wd awed taws prwonb to dry wd yaw 60 *boos w tftn. ttia (Spaw(4) (Pont Ful Hem) (Sp dh") (Print Fus Name) JOPAKMNAMM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL4 6 " 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fom arded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) st in routhur order Office Initials Date 1 -- Chairman Coletta--------- - - - - -- May 8, 2007 Agenda Item Number 16C I 2. -------------------------- Original document has been signed /initialed for legal sufficiency. (All documents to be HF 3. --------------------- signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 2 original, Need 1 4. — --------- — ---- — --------- Contract Documents Attached original or recorded 5. Sue Filson, Executive Manager Board of County Commissioners returned to Pollution 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/prepaned 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 infomlation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Crystal Wray Phone Number 732 -2502 Agenda Date Item was May 8, 2007 Agenda Item Number 16C I Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be HF Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 2 original, Need 1 Attached Contract Documents Attached original or recorded resolutions, etc. signed by the County Attorney's Office and signature pages from returned to Pollution contracts, agreements, etc. that have been fully executed by all parties except the BCC Control INSTRUCTIONS Ar CNF.CKI dCT ornw County Form, BCC corm& Original Documents Routing S11p W WS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be HF signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's HF Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign herd" tabs are placed on the appropriate pages indicating where the Chairman's HF signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip 1-IF should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwardin to Tallahassee within a certain ornw County Form, BCC corm& Original Documents Routing S11p W WS Original 9.03.04 16 C1 PROVIDING CONTAMINANT DATA FOR COASTAL MANAGEMENT: ASSESSING THE EFFECTS OF LAND BASED SOURCES OF POLLUTION ON COLLIER COUNTY'S ESTUARIES AND THEIR ASSOCIATED WATERSHEDS A proposal submitted to Collier County, Florida March 23, 2007 Piero R. Gardinali, Valentina Caccia, Mark Cejas and Adolfo Fernandez Southeast Environmental Research Center (SERC) Florida International University University Park Campus Miami, Florida 33199 Introduction and Justification Management of near coastal environments and their associated watersheds requires a careful balance between land usage and sustainability. Urban development is considered a good indicator of economic success while agriculture is likely to be a major economic driver in Southwest Florida where fertile soils allow for yearlong crop production. However, in the last decade, these two activities have become incompatible and almost exclusive of each other because the urban sprawl created by the housing market has placed large portions of agricultural lands in the hands of developers. These two effects create a complex relationship between the land usage, the freshwater components of the associated watersheds, and the coastal receiving waters. Releases of pesticides from urban and commercial horticulture, storm water runoff, and human derived wastewater are among the myriad of process that contribute to the contaminant loading to Collier County's coastal management zones. Data generated by our previous assessment of Collier County major 1 16 C1 watersheds revealed the existence of environmental conditions requiring opposite courses of action for management purposes. Results from the survey were organized in three areas: ranking, potential effects, and distribution patterns. Stations were ranked based on the presence of contaminants and the spatial patterns and distributions were examined and evaluated. For those contaminants where a Sediment Quality Criteria has been established, comparison of the occurrence to the guideline was provided. The study also determined that most of the county watersheds evaluated were in pristine to semi - pristine condition. In consequence, the effects of accelerated urbanization were difficult to determine over the natural background with the exception of several sites that were heavily influenced by localized urban activity and were identified as areas of relative concern. Among them, North Naples Bay at the confluence of the Gordon River. Although some families of compounds were more prevalent than others in the sediments (PAHs and metals over chlorinated pesticides and PCBs) several contaminants in the study, exceeded the "Threshold Effect Levels" (TELs). Metals (arsenic, mercury, chromium, zinc, and copper), and PAHs (mainly high molecular weight ones) were among the pollutants exceeding the TEL criterion for at least one station in each sampling episode and were thus identified as priority for future assessments. As part of the study conclusions, a set of recommendations were formulated to guide future efforts in order to prevent further degradation of the County's coastal environments. These recommendations pointed out to a site specific study for North Naples Bay and an extension of the contaminant monitoring to the Gordon River watershed. In addition, the team suggested looking for other more contemporary contaminants that could be introduced by future changes of the county's land usage pattern and /or further development of former agricultural areas. As expected, since then, the county has experienced an incredible rate of sustained urban development that has created the need to formulate elaborate plans to assure that future expansions are commensurate with ecosystem sustainability and to prevent further environmental degradation of a relatively pristine area of Florida. 2 16C1 Plans for the urban expansion to areas East of CR 951 are already being drafted and numerous alternatives have been proposed. As an example, the County's Growth Management Plan (GMP) already includes watershed management as one of the key objectives. In this initiative, the environmental value of wetlands and other sensitive estuarine zones have been carefully articulated and identified as a valuable tool for coastal management. Watersheds such as the Golden Gate - Gordon River Basin, the Faka Union Canal Basin and the Barron River Canal Basin among others have been described as potential areas for evaluation due to their general geomorphologic characteristics in combination with past, present and future land usages, their projected changes, and water quality issues. Agriculture practices within Immokalee have also been identified as known sources of pollution loading, past and present, likely to add a complex chemical mixture to the adjacent receiving waters. Because of all these compounding factors, we are proposing for a more comprehensive contaminant survey that will incorporate most of the recommendations from the 2002 report but that will also expand to produce a "baseline" for a large number of contaminants that could be used to assess the present status of watersheds likely to be affected by expansion plans. Such baseline study will create a starting point for future coastal management decisions. In deciding what contaminants should be included in the scope of work it is important to consider both past and present practices, usage, mode of transport and environmental stability. It is well known that many of the pollutants (urban, industrial or agriculture - related) introduced along the freshwater distribution systems are likely to associate with sediment particles and will travel and get deposited in areas of low energy or at the heads of the estuarine system. In addition, some of the more contemporary pollutants, designed to have a shorter half -life compared with their 1980's homologues, have the tendency to get transported preferentially in water. However, since a good portion of them still have considerable partition to particulate phases, and because monitoring water K 16 C1 will require a continuous and intensive effort, we have decide to use sediments as a temporal integrator in a similar fashion that for the 2001 -2002 study. The Collier County Pollution Control Department has conducted an extensive review of the chemicals that could be potential targets for this extended survey (see supporting data in Appendix 1). Their goal was to target "biocides" (herbicides, pesticides, fungicides, etc.) that by a combination of toxicity, persistence, and usage will likely be released in the county's watersheds and will be transported to the estuarine system in the water or associated with suspended particles. Several candidates stand out because they meet one or more of these conditions. For example, Atrazine is one of the most widely used herbicides in the US; Copper is a common herbicide used in many crops (agricultural and ornamental) but also a potent algaecide used in boat paint. Chlorphyrifos and Endosulfan are highly toxic chlorinated pesticides that may still be in use for household and commercial applications. A number of organophosphates are also in the list (Fenthion, Malathion, Ethyl - Anziphos, Chlorphyrifos, etc.). These compounds degrade quickly in the environment but they are also extremely toxic. The table not only provide a comprehensive list of all the potential pesticides and herbicides that could be present in the watershed but also point out to the complex nature of the chemical signature to be analyzed. Such complexity heavily complicates the scope of work since in many cases every one of the compounds identified requires a different analytical protocol. In addition, the East of CR951 development master plan has identified a series of problems and watersheds that will need to be addressed in terms of coastal management. For example, the GMP's Conservation and Coastal Management Element (CCME) Objective 2.1 states that watershed management plans should focus on "appropriate mechanisms to protect the County's estuarine and wetland systems." Policies under this Objective require the plans to focus on the 4 16C1 "cumulative impacts of the watersheds on the estuaries as well as the impacts within the watersheds themselves." Particularly interesting are the goals to achieve with the plans: (a) restoring historic hydroperiods in impacted watersheds where possible: (b) reducing impacts of canal and stormwater discharges to estuaries; and (c) meeting water quality standards in the watersheds and the estuaries into which they flow. This creates the need to assess pollution loading produced by modifications of water delivery from impacted watersheds, to assess the quality of stormwater runoff, and to monitor the water quality of the receiving estuarine end members. Although important, the spatial extent of the potential "assessment' areas required to achieve these goals is quite large. Another limiting factor is the number of watersheds that have been identified as important, those that have been declared impaired, and those that will likely to become affected by development and changes in land use. Based on criteria put forward by several local and state agencies the Conservancy of Southwest Florida has recommended the following priorities for development of watershed management plans: (a) Wiggins Pass /Cocohatchee River; (b) Naples Bay /Golden Gate Canal System; (c) Rookery Bay; and (d) Ten Thousand Islands (which includes the Faka Union Canal discharging from Southern Golden Gate Estates). These recommendations include every major water delivery route in the populated areas of Collier County and a rather large geographical setting. Because of all these factors we are proposing a work plan in stages to provide a comprehensive chemical monitoring plan to accommodate three major objectives as follow. a) Establish a baseline for multiple contaminants (past and present use) with emphasis along the main watersheds described as; i) Main Golden Gate Canal Basin + Gordon River Extension Basin, ii) Cocohatchee River Basin, iii) Faka Union Canal Basin and iv) Barron River Canal Basin (Figure 1). 16 C1 b) Conduct the site specific site survey recommended in the 2002 report to assess changes at the confluence of the Gordon River and North Naples Bay but extending the list of target analytes to cover some additional contemporary use pesticides /herbicides. c) Assess stations where potential land based sources of pollution are likely to occur (Le stormwater runoff, drainage from major agricultural areas, areas influenced by golf court runoff, fresh - saltwater boundaries of estuaries,etc.) and reduce the spatial extent of recurrent sampling to specific problem areas in order to assess sources and potential downstream transport. Collier County Drainaae Basins Legend ODminage Basins Corabatmee Rivan Cana Basin PCR� Barron RNa, L 1 Canal Basin 0 5 10 20 Miles T Lee Coun w CR 888 J, .. , ` Fakaba hn S aM Hen Mdlll GOEan Ga@ Barn 6��n Canal Barr 1 � 1rj o Fakes -Unon I -78 o_ tHaMerwn Cr i, Canal Bash m 4Onaw'h�r Basin L28 Tieback Baan �rl. '1 Leif n S Olarnl Tumer Rwer Canal Bann Basi i Coa6al Basin M<yu \l Luc �x'41x /B Gator Hook SranC Basin a na U9 H U b n—aa B GLS CCES I.4... Samm owr. v�gwawk.nerv:c oanipq Cockier County Figure 1.- Major watersheds and draining basins in Collier County, Florida N. 16 CI Scope of Work and Implementation Plan Upon consultation with Collier County Pollution Control & Prevention, we have formulated a tentative sample strategy for the project given the expected funding level available and the list of potential target analytes. As per the County's request, all sample analyses will be conducted at NELAC certified laboratories. In the event that FIU will not have such capabilities, we will make arrangements with laboratories within the state that have provided such services in previous projects. Task 0 Selection of the target analytes is as important for this project as the selection of the sampling stations. Based on the summary provided by the Department of Pollution Control & Prevention the team has selected the following analytical protocols: Sediments i) Trace metals by ICP (EPA 6010 or equivalent). This method will target most of the toxic heavy metals including Copper and Arsenic but it will exclude Mercury. ii) Chlorinated Pesticides by GC or GC /MS (EPA 8081 or equivalent). This method gives the best selection of past and present use pesticides containing chlorine such as DDT and its metabolites, Chlordane, Endosulfan, etc. Since PCBs were not catalogued as contaminants of potential concern in past studies they will not be included in the survey. Organophosphorous and Organonitrogen Pesticides by GC or GC /MS (EPA 8141 or equivalent). This gives a comprehensive determination of most organophosphates (including Chlorpyrifos) but also target some important nitrogen containing herbicides such as Atrazine and Simazine. iv) Polynuclear Aromatic Hydrocarbons by GC /MS (any method with part per billion detection will be adequate for example EPA 8270C). This is 7 16 CI particularly important for North Naples Bay and the Gordon River or any area affected by heavy boat or automotive traffic and its associated runoff. V) Chlorphenoxy herbicides by GC or GUMS (EPA8151 or equivalent). The analytes in this group include potent herbicides such as 2,4 -D that are still heavily used in many crop, ornamental, and household applications. Based on the performance data provided by the county, the team decided to select USBiosystems in Boca Raton, Florida as the main analytical facility for this project. Ancillary parameters such as dry weight and TOC will be conducted at the Nutrient Analysis Facility at FIU. Task 1 Sediment samples (15) will be collected along the confluence of the Gordon River and North Naples Bay as indicated in Figure 2. Because the purpose of this section of the site - specific survey is to identify potential sources of the existing contamination and to assess the extent of the impact only samples labeled as Tier 1 (open bay areas) stations will be developed at 100 -200 meter intervals north and south from the US-41 bridge. The two main connections between the river and the bay will be samples to evaluate differences between navigational and non - navigational channels. Two locations from the previous study (CC03 and CC04) will also be sampled to evaluate any temporal changes. When deemed appropriate, sediment samples will be collected inside major marinas. To provide consistency, all sediment samples will be analyzed using the same sample methodology employed in the 2001 -2002 county -wide survey. However a new set of parameters will be added to include commonly used herbicides and inorganic biocides used in antifouling paints. Task II Since the contribution of the tributaries could be an important factor in assessing pollution loading, analysis of sediments (canals and tributaries) along the four proposed watersheds should be conducted. For this purpose a total of 65 E sediment samples will be collected on a yearly basis and analyzed as described in Task 0. All locations will be distributed along the watershed to include both the undeveloped areas at the far end of the watershed as well as the connection with a major estuary. A list of tentative locations is presented in Table 1. All samples will be distributed along the four major watersheds and their associated drainage basins (Cocohatchee River Canal Basin, Main Golden Gate Basin, Gordon River Extension Basin, Rock Creek Basin, Lely Canal Basin, Lely Manor Canal Basin, Henderson Creek Basin, Southern Coastal Basin, Faka Union Canal Basin, Fakahatchee Strand Basin, and Barron River Canal Basin). Altough the main goal is to establish a baseline, stations are also selected to evaluate the influence of major land usage activities (agricultural, urban, golf course - related, marinas, storm water runoff, etc). If required, the 65 samples could be divided in consecutive sample campaigns when temporal trends are to be assessed. Project Logistics The FIU team is committed to provide all aspects of this proposal. However, Collier County has expressed their preference of conducting all chemical analyses using laboratories that are NELAC certified. Since our laboratory is only seeking certification for a handful of these analyses we will, with Collier County's approval, forward the samples to a certified laboratory previously agreed upon. Our team is then responsible to collect all samples, ship the containers with the appropriate documentation to USBiosystems (subcontractor) and coordinate all the aspects of data review, interpretation and reporting. Site Selection Based on our discussion with Collier County Pollution Control and Prevention, Table 1 shows a list of tentative sites. The geographical distribution of the sites is included in Figure 2. The selection of the 80 collection sites will be decided within 30 days of the project start date. 16Q 2 1601 Implementation Plan Since this scope of work/cost proposal needs to be approved by both Collier County and Florida International University, sample collection and analyses will begin within a month of the receipt of a properly executed contract. Because sample collection will be an on -going activity depending on the final site selections or the sampling frequency, the estimated completion of all tasks will be one year from the contract date. A project timeline will be provided within 15 days of the award date. Cost Proposal A cost proposal is included in the appendix. The budget includes all personnel, field, analysis and reporting activities. The requested funds ($95,453.60) provides for the analysis of 80 sites with a 10% QA/QC (MS, MD or Field Duplicates). Alternatively, this 10% QA/QC could be used for repetitive sampling and or expansion of the survey for problem areas. The proposal includes a sub- contract to USBiosystems for all the analytical work ($47,960.00). Rates are indicated in the attached quotes and are as follow: Analysis of Chlorinated Pesticides in Sediments (EPA8081) $90.00 /sample Analysis of OP /ON Pesticides /Herbicides (EPA8141) $125.00 /sample Analysis of Chlorinated Herbicides (EPA8151) $150.00 /sample Analysis of PAH's (8270C) $75.00 /sample Analysis of Trace Metals (EPA6010 @ $7 /element) $105 /sample SERC's Nutrient Analysis Facility will be responsible for the analysis of TOC at a rate of $15.00 per sample. The cost proposal includes all aspects of sample collection, analysis, data interpretation and generation of the appropriate deliverables requested by Collier County. In addition, a small in -state travel allowance is included to attend meetings or presentations related to the project. The budget assumes that the negotiated indirect cost will be 25.5% since more than 50% of the work will be conducted outside the FIU campus. 10 16C1 Deliverables Results from the study will be provided to the agency as two -part reports. An Analytical Data Report will be produced within six months of the initial collection and a final interpretation report will be generated at the conclusion of the project. Both paper and electronic versions of the final reports will be provided to Collier County Pollution Control Department upon completion of the study. 11 s b hit i ~ 030 ° Ml -a ,y s$t 3j057 ��,'�'° ^e y°,E„05 WON NC E , z±7 �Ccc 086 C8 9 "qx �'A7 LB CCNif 71 `. 00076 CCO }�C088� i o- 072 .�ti . q 50 73 �ocom �' a, .. '*I R, LCCG4+ f � 84Q � c.CA 62 s CC08� cc cco- .: 083' Cc6 r ICC086 I ll rIl 00032 - -, 1 -� 00030 � - ° fa 029 jCCO28 CC064 },y - CC082CCO63 a ak u1 P r r 1601 SITE NAME LATITUDE LONGITUDE SITE NAME LATITUDE LONGITUDE 1 CC4 26.14220 - 81.78850 51 CC049 26.27254 - 81.82380 2 CC3 26.13150 - 81.79040 52 CC050 26.20194 - 81.76795 3 CC001 26.13532 - 81.79078 53 CC051 26.27323 - 81.72989 4 CC002 26.14220 - 81.78850 54 CC052 26.27330 - 81.71045 5 CC003 26.13777 - 81.78810 55 CC053 26.30833 - 81.59212 6 CC004 26.14071 - 81.78641 56 CC054 26.29575 - 81.39032 7 CC005 26.13859 - 81.79009 57 CC055 26.35306 - 81.41647 8 CC006 26.14066 - 81.78880 58 CC056 26.31824 - 81.49525 9 CC007 26.14562 - 81.78914 59 CC057 26.29414 - 81.48230 10 CC008 26.14729 - 81.78534 60 CC058 26.05190 - 81.69503 11 CC009 26.15216 - 81.78552 61 CC059 26.04579 - 8130829 12 CC010 26.13508 - 81.78374 62 CC060 26.05165 - 81.70764 13 CC011 26.12902 - 81.79456 63 CC061 26.06678 - 81.70539 14 CC012 26.13306 - 81.79349 64 CC062 26.13902 - 81.73854 15 CC013 26.14237 - 81.78275 65 CC063 26.12393 - 81.74473 16 CC014 26.14923 - 81.76368 66 CC064 26.10511 - 81.74562 17 CC015 26.15824 - 81.78468 67 CC065 26.09456 - 81.74034 18 CC016 26.16588 - 81.78252 68 CC066 26.23021 - 81.81342 19 CC017 26.16791 - 81.77542 69 CC067 26.26829 - 81.68909 20 CC018 26.16801 - 81.76677 70 CC068 26.27339 - 81.62567 21 CC019 26.12123 - 81.78453 71 CC069 26.25506 - 81.62478 22 CCO20 26.12524 - 81.77338 72 CC070 26.24392 - 81.65736 23 CCO21 26.12399 - 81.76078 73 CC071 26.22681 - 81.73572 24 CCO22 26.12354 - 81.75488 74 CC072 26.21333 - 81.73465 25 CCO23 26.12812 - 81.74974 75 CC073 26.20631 - 81.73536 26 CCO24 26.12239 - 81.75140 76 CC074 26.17789 - 81.73476 27 CCO25 26.43267 - 81.48303 77 CC075 26.21465 - 81.65301 28 CCO26 26.44496 - 81.40666 78 CC076 26.24539 - 81.52852 29 CCO27 26.42189 - 81.30499 79 CC077 26.33811 - 81.52983 30 CCO28 25.96871 - 81.50995 80 CC078 26.28737 - 81.48357 31 CCO29 25.97849 - 81.50663 81 CC079 26.27315 - 81.48040 32 CC030 25.99265 - 81.50665 82 CC080 26.26026 - 81.47999 33 CC031 26.14936 - 81.52315 83 CC081 26.19712 - 81.49058 34 CC032 26.02779 - 81.60583 84 CC082 25.91569 - 81.37736 35 CC033 26.32332 - 81.56240 85 CC083 25.92210 - 81.36836 36 CC034 26.31046 - 81.56205 86 CC084 25.94753 - 81.35795 37 CC035 26.29298 - 81.56184 87 CC085 26.25211 - 81.34154 38 CC036 26.27762 - 81.56165 88 CC086 26.09492 - 81.34451 39 CC037 26.27379 - 81.58103 89 CC087 26.13773 - 81.55536 40 CC038 26.24648 - 81.58662 90 CC088 26.21141 - 81.56065 41 CC039 26.21351 - 81.61703 91 CC089 26.28598 - 81.41615 42 CC040 26.19975 - 81.67088 92 CC090 26.26311 - 81.46434 43 CC041 26.17618 - 81.67105 44 CC042 26.18316 - 81.71646 45 CC043 26.16947 - 81.70534 46 CC044 26.17111 - 81.73176 47 CC045 26.18815 - 81.75135 48 CC046 26.18138 - 81.76705 49 CC047 26.27256 - 81.77896 50 CC048 26.28233 - 81.80217 Table 1.- List of proposed stations for the sediment collection. 13 APPENDIX I 16G1 14 BUDGET SHEET 1601 15 16C1 BUDGET SHEET Principal Investigatorlisroject Director. PIERO R. GARDINALI Agency: COLLIER COUNTY FLORIDA Duration From 6/1/2007 TO 5/30/2008 A. Senior Personnel: PIIPD, Co -PI's, Faculty and other Senior Assoc. (List each separately with title; For A.6 show number in brackets) 12 month 9 month Summer Total 1. Piero R. Gardinali, Project Director 1.5 months @ $7674.88 $ $ $ 11,512.32 $ 11,512.32 FRINGE BENEFITS FOR PERSONNEL ABOVE E $ $ 2,072.22 $ 2,072.22 2. $ $ $ FRINGE BENEFITS FOR PERSONNEL ABOVE $ $ E $ 3. $ $ $ $ FRINGE BENEFITS FOR PERSONNEL ABOVE $ $ $ $ 4. $ $ $ $ FRINGE BENEFITS FOR PERSONNEL ABOVE $ $ $ $ 5. $ $ $ $ FRINGE BENEFITS FOR PERSONNEL ABOVE $ is 1 $ $ 6. 8 1 $ 1 $ $ FRINGE BENEFITS FOR PERSONNEL ABOVE $ is I $ $ TOTAL SENIOR PERSONNEL (1 8 FRINGE BENEFITS FOR SECTION A. 2. Overioad 1. FRINGE BENEFITS FOR PERSONNEL ABOVE $ 2. FRINGE BENEFITS FOR PERSONNEL ABOVE $ TOTAL OVERLOAD w. TOTAL FRINGE BENEFITS FOR SECTION A.2. B. Omer Personnel Show Numbers in Brackets) OPS) 1. ( ) Other Professionals Man, Ce' s, Field Coordinator (2 months) $ 6,394.90 2 ( ) Graduate Students 3. ( ) Undergraduate Students 4. ( ) Secretanal- Clerical (SECRETARIAL- CLERICAL WILL REQUIRE A DIRECT CHARGE EXEMPTION FORM AT PROPOSAL TIME) $ 5. ( ) Other TOTAL OTHER PERSONNEL (1-6) TOTAL FRINGE BENEFITS FOR SECTION B. TOTAL SALARIES 8 WAGES A -B) S 17,907.22 TOTAL FRINGE BENEFITS $ 2,561.43 TOTAL SALARIES, WAGES, AND FRINGE BENEFITS $ 20,466.65 C. Expanses In alphabetic I order try category) 1. Communication 8 Freight $ 2. Computer Serrice $ 3. Consultant Services (these do not have fringe benefits ) $ 4. Data Processing Supplies E S. Educational Supplies $ 6. Food $ 7. Postage Sample shippm (NAPLES -BOCA RATON- MIAMI) $ 1,200.00 Matenals and Supplies (OFFICE SUPPLIES WILL REQUIRE A DIRECT CHARGE EXEMPTION FORM AT PROPOSAL S. TIME) $ 9. Publication Costs /D camentatldn /Disseminabon/Pnnbn Re induction $ 1,100.00 10. Rentals Boat 8 Tmd, Rental 10 tips at 365thip $ 3,650.00 11. Stipends Nontaxable $ 12. Subcontracts/Independent Contractors (list each subcontractor individual below) $ a. b. $ 13. Telecommunications Charges $ 14. Travel 1. Instate $ 360.00 2. Domestic 3. Foreign $ 15. Tudon 16. ID TRANSFER TO NUTRIENT LAB FOR ANCILLARY PARAMETERS (TOC) $ 1,320.00 IT Conbad for services as per quote 33007 -KK85 to USBiosyslems $ 47,960.00 D. Permanent Equipment a Books or other library resources (list item and dollar amount for earn item exceeding $1,000) TOTAL PERMANENT EQUIPMENT E. Total Direct Costs (A through D) $ 76,056.65 F. Indirect Costa THE ONLY PORTION OF THE PROJECT DONE ON CAMPUS IS THE DATA INTERPRETATION INDIRECT COST RATE AND REPORT WRITING INDIRECT COST BASE TOTAL INDIRECT COSTS 25.50% S 76,056.65 $ 19,394.96 G. TOTAL DIRECT AND INDIRECT COSTS S 95,453.60 SUBCONTRACTOR QUOTE 16 C I 17 1601 x(' I Quotation I��'►J 1S1Vls Katharine A, Kutl US Eio &ys'em5 nko� Contact Piero Gardinali Date 3/30/07 Company,. Florida International University I Department of Chemisrty 8 Biochemistry and SERC Quote Number'�,33007 -KK85 Address 11200 SW 9th Street, CP -328 Project Name Number Collier County Pollution Control & Prevention - Sediment Project Ci , State, Zip', University Park, Miami, FL 33199 Project Description Sediment E -mail aardinal(o)fiu.edu Project Schedule Unknown Phone 305-348-6354 Turnaround Time In Business Days'''.5 -7 Business Days Fax 305-348-3772 Data Deliverable Level Standard Submitted by !Katharine A. Kutil 'I kkutil @usbiosystems.com 'Mobile (772) 201 1909 Electronic Data Deliverable Format. Standard Quote Due Date ;ASAP USB Project I TBD Manager (561) 447 7373 Paiarnetet & Test Method Matrix Quantity Unit Price Extended Price LABORATORY SERVICES: Metals (Aluminum, Antimony, Arsenic, Cadmium, Chromium, Cobalt, Copper, Iron, Lead, Manganese, Molybdenum, Nickel, Silver, Strontium, Zinc) Sediment 88 $105.00 $9,240.00 Organochlorine Pesticides (8081) Sediment 88 $90.00 $7,920.00 Organophosphorus Pesticides (8141) Sediment 88 $125.00 $11,000.00 Chlorinated Herbicides (8151) Sediment 88 $150.00 $13,200.00 PAH's (Low - Level) by 8270 Sediment 88 $75.00 $6,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $47,960.00 FIELD SAMPLING SERVICES: ku 1601 a Quotation MS Ketnanrre t- KOO UK Bio�ysicais Contact Piero Gardinali Date 3/30/07 CompanylI Florida International University / Department of Chemisrty & Biochemistry and SERC Quote Number 33007 -KK85 SAMPLING LABOR, ESTIMATED, PER MANHOUR, PORTAL TO PORTAL 0 $55.00 $0.00 EQUIPMENT 0 $55.00 $0.00 MILEAGE, ESTIMATED 0 $0.00 $0.00 Subtotal 000 Quote is subject to USBiosystems Terms & Conditions. Special compound lists and /or reporting limits: Field QC: 1 trip blank per cooler of samples that contain VOC's is provided at no charge. All other field QC including field & equipment blanks, client - requested MS /MSD's, & field duplicates will be Notes invoiced at the above rates. Prices include appropriate containers, chemical preservatives, use of coolers, container labels, chain-of-custody forms, and shipping to client specified location. Other: AT= c�noela�ia�aa�i Attest 4to 41roan s Signature on]* AMi&Lg�'i Ur,OZa�? .�i43L ��, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Item# ��_ Agenda Date Date � Rc d ,� — r,RWy 19 LIST OF CONTAMINANTS AND HAZARD RANKING 16C1 20 E e d_- o =m > > >-o--=---:o_°e._: e-__ ----_ -ee== -_ aoo= e =:-_o_:_-_�:��_�e.o_o�: 16 01 N s °a ^° a -eo a � � a Hi ea ".$a sa a as a a ° RXaaa PaieR3aoa38e a s -- =e,9_ ° °� aR R XFRg F x_q'gasx �3 324' z 6444q EXHaa &�a a X} rs a a_e�t _5 'a ��a�¢ �ysasR� y _ 3 .jug R ad xe� a -- Etc :.c R3• v«° w••-•.X mvA: o°• R" 9C.° C63•.° 3R• 6.`,° v] C' n••- ° °• +- F ^- X9.••. +'- :C "- 38 =a °9 ];.' ^.B °ARa- rA' °'°•,y = ^pNCv ^ °_B` °.°.a =9 °a ^: a_ °„a.__6.. ° P.° 9^___ L•° v° Ag ` °R °= ° °v_ix: °:@ °a °'naPFAea: °•3• yR' = =° « Wax_ R_ c.__.__ ya..' 3.^_ 3__CFS= :Rn: °9aiv'FS'_GaF'.,o yA= _ya5 °�c_3C0 °•_F9_vmA e:_... °y= P']3__ °__ -_a aaapaxa ^: ° °F_:aP_eaa =:36aFV A�¢ 6R33F_X iR._=".-'= aPA85:. =xa<3:: °F_YAA3 &YS_i_: &a6Rx °:;__ 5 - - __P >_ °apXA_________ yyy _ 9 A6 13gB YA gg A �6r 3� R -a iYR P A]i$ �R' 3Ax i� -xe A 38 Fa &$ eR3 i. 3�8�i i�lf�a �i S3eh �aha�S 8e:''a :fi vB Yi _t: 36 i Ra_ a d A�CX'�R�3 3ii8 ®3S a Zi `3` Q.�ada$F i.PAaeB UR ;38 R.Ptl a R ¢ @. 3•• °aRRRa ?vt" 2Ea �i k2 "d .F F '��6F R� 3; ]�� EEx 1 s¢ R s g Ba 1�1 & 1 � 47 3 +r_....___..__....__... 4 - v.._...°n_v -..n -- +moon +o .- n = - - - o.. �_.._..._.._ __n_.. .. °°__v_..o =cv __-. ..__n_ _ _ _ a++...~���n 4 „R...$n.; ,. ^A =6 $� -�^ Amg® F� &° o ;8 ='; .. r az jig °y�P€x°cgY6LEBpC&€.B�,R "zY.B I�YY2€ S ,f.R4:.L€.� >.R�S.Ry.C�.S,€asPRB � €. €Ra9B2BPE868:X= gE's.Fac aj t[S.E 3, i >, �.R �¢. =ia= aas2�2�sa,aasy gga a3sa =�tss$�s == ��.azg=_sa3a� as =s�1s .saaE Xss .2s + ° ..., ..n ^ @-3 t {j y4o+ g�^ + .d € � �� � � �!JY 9d� �%e5nA.6 ' ^ _ 9 d 3 � A �, '++ 3 !i ^qv.d i �d3Q A�F¢ 'c =._ i ynd`_'�v . A -_ r P .' = , 8.¢.•1 R .~$ i «3n. S .d:.�.S.� y� .� J_A _ aR- .5 C@a.� .F.� f A a d F°^�:�'.dd am�5 d°3.5 2 a� -+�F yea s a .ym.v 5 Y= .� .^3 . ¢.R b_�' ii'�"Yy 8 gg �. ♦K�� .'� , A«..� d_F � .a%, %i °= pp C .R3..s .. n °-Fsj _. _ ��•' -.^F m � .'.. . _ -1 �r E ¢ - _3 ,^3. GG A S £°1:� 16 01 N s 16C2 MEMORANDUM Date: May 31, 2007 To: Marlene Foord, AICP Grants Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Four South Florida Water Management District Alternative Water Supply Grants for the partial funding for the construction of improvements to the County's public water supply system. Please find four original grant documents, referenced above (Agenda Item # 16C2) which were approved by the Board of County Commissioners on Tuesday, May 8, 2007. After processing please forward a fully executed copy to the Minutes and Records Department. If you should have any questions regarding this document, please feel free to call me at 774 -8406. Thank you. Enclosure 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 roofing 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 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's s000ito, dir .- a n� a..,.,,..rc . ,, r,.,e.. u, . ...__ Route to Addressee(s) (List in routing order) . ....... Office rorwarn to Sue Filson Initials (line #5). Date I. May 8, 2007 Agenda Item Number 16C2 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Original Grant Applications Number of Original 4 (note that the ES 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached approved indicated that 6 5. Sue Filson, Executive Manager Board of County Commissioners would be submitted, 6. Minutes and Records Clerk of Court's Office however, the department PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created'prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC: office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Bill Mullin /Marlene Foord Phone Number 732 - 2554/774 -8971 Agenda Date Item was May 8, 2007 Agenda Item Number 16C2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Original Grant Applications Number of Original 4 (note that the ES Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached approved indicated that 6 contracts, agreements, etc. that have been fully executed by all parties except the BCC would be submitted, Chairman and Clerk to the Board and possibly State Officials.) however, the department 2. All handwritten strike - through and revisions have been initialed by the County Attorney's has decided to only submit Office and all other parties except the BCC Chairman and the Clerk to the Board 4 of the 6. INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9 03.04, Revised 1 26-05. Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. app ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 41A& 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. r 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. a�`S Some documents are time sensitive and require forwarding to Tallahassee within a certain ,rw- ,I time frame or the BCC's actions are nullified. Be aware of your deadlines! s` k 6. 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 County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9 03.04, Revised 1 26-05. Revised 2.24.05 16c2 PART 1— PROJECT SUMMARY North East Regional Water Treatment Plant (NERWTP) Wellfield Phase 3 — Test Program Project Name (if this is a multiyear project, please use the multi -year project name followed by the phase name or number for which funding is being sought — see example above) Collier County Public Utilities Division Grant Applicant (Entity that would enter into an agreement with District — not consultant. If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the land owner authorizing the construction of the project.) Alicia Abbott Project Owner Representative 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Address County where project is located* (239) 530 -5334 Telephone (239) 530 -5378 Fax AliciaAbbott(&colliergov. net E -mail 596000558 Grant Applicant Federal ID Number 26 009'09.70" N /81 032'37.94 "W Lower West Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Lisa Prieto, P.E. Consultant/Contractor Representative CDM Company Name (407) 902 -9012 Telephone (407) 875 -1161 Fax prietolm@cdm.com E -mail Page 1 of 19 16C2 4 Short Description (two to three sentence description of the project phase for which is The North East Regional Water Treatment Plant (NERWTP) will be constructed to provide additional reliable potable water supply in Collier County. Funding is being requested for the construction of test /production wells to aid in the planning and design of the Phase 3 wellfield. This is a resubmission of a project that received funding in FY07. Alternative Water Source: (check the applicable boxes) ❑ Seawater X Brackish water from Lower Hawthorn and Hawthorn Zone 1 aquifers ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment ❑ Reclaimed water ❑ Other source designated as non - traditional in a water supply Ulan (List source, page # and water supply plan title where source is i Proiect Summary: Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. Table 1— Proiect Summar Q4��a1IYA114 ` 4!•X. �. L. , i' {�• fi Nei This Phase (by August 1, 2008 Total Project 0 2 This Phase (August 1, 2008 or earlier) Total Project July 31, 2008 July 31, 2008 Previous SB444 9F WMIY Funding Amount Awarded Amount to be expended by August 1, 2008 $326,000 $0 Page 2 of 19 16C2 PART 2 - PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project, describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWS be concise and to the point: one page is preferable; no more than two pages are recommended. A. Introduction/Background Additional potable water supplies will need to be developed to meet demand due to rapid population growth in Collier County. To help meet this demand Collier County has authorized the construction of the new Northeast Regional Water Treatment Plant ( NERWTP). The NERWTP facility will provide reverse osmosis (RO) treatment of brackish groundwater from both the Hawthorn Zone 1 and Lower Hawthorn aquifers. The initial finished water capacity of the NERWTP will be 10 MGD with three subsequent expansions planned to bring the capacity of the facility to 30 MGD. Wellfields for Phases 1 and 2 will be constructed on the NERWTP site and at the adjacent fairgrounds property. The 10.0 MGD Phase 3 wellfield expansion will occur at an off -site location. The Phase 3 test program will include the construction of four test production wells on the site of the SR 846 Land Trust. Initially these wells will be used to collect hydrogeologic data from the Hawthorn Zone 1 and Lower Hawthorn aquifers, before being converted into full production wells. It is assumed that this test well site containing four wells would produce approximately 0.5 mgd per well for a total of 2.0 mgd for this site. B. Objectives The objective of the NERWTP Wellfield test program is to obtain hydrogeologic data that will be used in the design of the NERWTP Phase 3 wellfield. C. Scope of Work The NERWTP Wellfield Test Well Program Phase 3 project completed during FY08 will include the drilling and construction of four wells that will initially be used to collect hydrogeological data before being converted into full production wells in the future. Pull scope of work from the introduction. Project Mans (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1- Project Location - City or town map clearly showing the project location in relation to the nearest major street or road intersection. Figure 2 - Project Details - Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed Page 3 of 19 1602 I pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, e.g., storage /chlorination tank). Figure 3 - Process Flow Diagram - For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. A project map of the initial layout of the test well sites is provided in Appendix F. Page 4 of 19 M L 3 C R a c a F R I I cu ti N y p O O Cl y O ° v3 e» c» sg Gro � a ° o a Q1 O q I 00 \ 0 0 ° 0 cc ITZ o a E o a 3 eg °O ° Fry G W ' cq 0 ti _ CO COS d� EA O y c U ~ U z � c t Fy° W ^^F� 0 v W z 0a C O z GG ^^ d m F p U b y J tto bp �^ C N > Oo U oA U o on ti i .� cd * cc L4,�4,: oo 0 0.1 IL 1602 d 0 N U a a c� 0 y W O bn m C1, F � > 0 O .y y cC oo° b ca O y0.'1p F � � � a jOy n � a n � � � F � r O r, � > a U � F � � G 3 a d a r O U m 0 N 0I IL i6C2 Table 3 - Deliverables Schedule for FY08 Phase �1 * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 ..D�SIIVel�Qt r '. Expected, CO3i1,$flt2Q;p COCC :.. Date Construction of one Hawthorn Zone 1 /Lower 1 Hawthorn test production well (12 -inch August 1, 2008 $150,000 borehole and casing) Construction of one Hawthorn Zone 1 /Lower 2 Hawthorn test production well (12 -inch August 1, 2008 $150,000 borehole and casing) Construction of one Hawthorn Zone 1 /Lower 3 Hawthorn test production well (12 -inch August 1, 2008 $150,000 borehole and casing) Construction of one Hawthorn Zone 1 /Lower 4 Hawthorn test production well (12 -inch August 1, 2008 $150,000 borehole and casing) Total * $600,000 * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 16C2 PART 3 - PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY08 funding is for construction that will take place between October 2007 and August 2008. It is very important that this project /phase be completed by August 1, 2008, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. Y N N/A • Have the project design and bid drawings been completed? X • Has a contractor been selected? X • Have all agreements, right -of -ways, etc. been executed? X List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Table 4 — Permits Agency Permit No. Permit Type (Water /WW, ERP, CUP, Building) Permit Obtained? Y N Collier County October 1, 2007 Test well drilling permit December 1, 2007 X 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes _X_ No (if no, complete table below). Other items required before construction can begin (e.g., bidding, contractor selection) Completion Date Property Acquisition September 1, 2007 Bidding documents prepared September 15, 2007 Bidding October 1, 2007 Contractor Selection December 1, 2007 NTP January 2, 2008 Page 7 of 19 1602 3. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.eov, by clicking on the desired region located on the lower right hand corner of the website (scroll to the list), clicking on the "Documents" tab, and then scrolling to the appropriate appendix.) If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. North East Regional Water Treatment Plant (NERWTP) Wellfield Phase LA 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. Collier County will provide the District all hydrogeologic data collected during the funded portions of this project. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The NERWTP Wellfield project will primarily withdraw raw water from the Hawthorn Zone 1 and Lower Hawthorn aquifers to supply the new NERWTP facility at peak capacity. The wellfield will enhance the existing brackish water supply without tapping additional water from the surficial fresh aquifer system, thereby reducing negative impacts on wetlands while lowering future demand on fresh water sources. Show how the project reduces competition for water supplies. The NERWTP Wellfield will utilize raw water primarily from the Hawthorn Zone 1 and Lower Hawthorn aquifers, alternative water supplies, rather than the Lower Tamiami aquifer. This is consistent with the objectives of the Lower West Coast Water Supply Plan. Page 8 of 19 16CZ 14 C. Identify the traditional source being replaced and /or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. This project utilizes raw water from the Hawthorn Zone 1 and Lower Hawthorn aquifers, reducing the amount of fresh ground water that would otherwise need to be withdrawn from the Lower Tamiami aquifer to adequately meet demand. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. At this time no goal based water conservation programs have been established for utilities in the SFWMD. However, Collier County has an extensive water conservation program. The water conservation initiatives currently being implemented by Collier County include: aspects of the land development code, an inverted block rate structure for potable water, an irrigation ordinance that is more restrictive than the current SFWMD LWC restrictions, and a comprehensive public information program. Strict land development codes have been adopted by the County, including a requirement for construction of a dual distribution system (potable and reclaimed), the use of low -flow plumbing fixtures, and Xeriscape landscaping. The 6 -step block structure for potable water encourages customers to use water efficiently. The irrigation ordinance invokes the following year -round restrictions: varying watering days between even and odd address, usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive education program utilizes radio, television, newspaper, utility bill inserts, and public outreach such as school programs, government days, and a senior expo to inform customers to use water more efficiently. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. Capital Costs Capital Cost of Project $600,000 Interest Rate for Financing 6% Time Period for Financing ears 25 Annualized Capital Cost $46,936 Operating and Maintenance Costs O &M Costs NA Total Annual Costs $46,936 Capacity of Project, AADF 2.0 m d Thousand GallonsNear 730,000 Total Cost per TG $0.06 Page 9 of 19 16C2 i . Indicate the percentage of the total water - producing capacity of the system that this project will provide. The current capacity Collier County Water system is 40 MGD. This project will provide an additional 10 MGD of additional potable water supply, approximately 25% of the current system capacity. g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? No. This is not a reclaimed water project. h. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. Within the Water -Sewer District boundary, the existing water service area does not include those areas within the County currently served by the City of Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area within the Goodland Water Sub - District. An interconnection between the Collier County Water -Sewer District and the City of Naples was completed in 2005. A project to interconnect the Collier County Water -Sewer District distribution system with the City of Marco Island is on -going and projected to be completed near the end of 2007. There is also an interconnection between the Collier County Water -Sewer District and Bonita Springs Utilities. In the future, the water service area will include the Orange Tree Area. Service may also be provided to other areas through bulk sales agreements with other water -sewer districts in the future. The Water -Sewer District Boundary area comprises approximately 240 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural Fringe areas recently added to the Water -Sewer District Boundary. i. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi - jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. Yes. Collier County is implementing a number of alternative water supply projects including the use of brackish water, reverse osmosis, and aquifer storage and recovery. Collier County supplies water at a uniform rate. Page 10 of 19 1602 ; Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? List any other grants being sought, and the expected date of approval. Collier County will fund 60% of the project costs. No other grants are being sought on this project. Collier County is not a REDI community. k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. Collier County Public Utilities is an enterprise fund and transfers no revenues to the local government general fund in excess of reimbursements for services received. The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. Page 11 of 19 1602 i Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: 41,993 Total Number of Accounts Served: 56,748 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/80/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi- Monthly Quarterly Other: Specify AX 1 Gallons Hundred Cubic Feet (HCF) Other: Specify Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Water Revenues Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month $33.63 When were these water rates last revised: October 2006 Page 12 of 19 1602 i Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Sewer Revenues Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month: $48.57 (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: When were these sewer rates last revised: October 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36HCF) Per Month: $82.20 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water 1 $676 Sewer $0 Capacity or Impact Fee $3,415 $3,515 Total $4,091 $3,515 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 13 of 19 1602 i Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. This information is provided in Appendix D. Page 14 of 19 i� Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Reclaimed Water Revenues N/A Monthly Reclaimed Water Bill for 0.25 Acre Single Family Residence: 1 $25.25 *Assuming 1 inch per acre per week or approximately 27,000 gallons reclaimed water per month. (Note: if reclaimed water bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: When were these rates last revised: October 2006 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the reclaimed water system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Reclaimed $676 $0 Water $676 Note: Hookup fee is charge for connecting user to reclaimed water system including installation of meter etc. Capacity or impact fee is charge for providing capacity in reclaimed water system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Page 15 of 19 16C2 If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? Collier County has been and continues to be a pioneer of alternative water resources. Saddled with high growth rates, Collier County has invested in a course of action to use alternative water supply, aquifer storage and recovery (ASR), reclaimed water, and conservation initiatives to meet their water supply needs. The County has put such emphasis on their use of non - traditional sources that they update their water and wastewater master plans every three years to keep up with the changing technologies and growing needs of their County. Relevant excerpts from the most recent master plan update are included in Appendix E. Collier County identifies cost as the greatest impediment to increasing its use of alternative water supplies. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. C. Existing and proposed reclaimed water end users. These files are provided on CD in Appendix G. FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. This is not a reuse project. 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. This is not a reuse project. Page 16 of 19 1602 Table 5 — R.nclaimnrl W.+-- TT---, - � vacia User Has an Estimated Name Demand agreement been Connection (MGD executed? /N) Date N/A Total user demand Proposed project capacity Page 17 of 19 1602 South Florida Water Management District FY 2008 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Mr. James Coletta, ( "Authorized Representative of the project owner) this .3/ � day of 20ay 2007, who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2)The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2008. 3)The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 2nd day of January, in the year 2008. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2008 and further understands that if construction is not completed by August 1, 2008, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2008. STATE OF FLORIDA Mr. James Coletta Print Name SWORN TO and subscribed before me,34fit day of�, 2007. Such person(s) (Notary Public must check applicable box): is /are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) , CAR* SU :FUJON H: Notary PubNc - Sta ddo n6pMrCommUflon M DJ knd&d Na1wW m Page 12 of2T E. Brock, Clerk Deputy erk ; AtGst to Cbafr�aR tf_1_gnature'ont. _ proved as to,form and legal Attorney Item# 1•(P C2- Is 4� -6-1 Datea 1602 APPENDICES Appendix A - Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction /Background Section of the application) Bid Documents Contractor Selection Right -of -way or other agreements Appendix B - Permit Supporting Documentation (Attach copies of first five pages and the signature page of the permits referenced in Table 4, Introduction /Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) Appendix C - Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F -1 in the case of the Upper East Coast Region) of the 2006 WSP) Appendix D - Copy of the Rate, Hookup and Capacity or Impact Fee Schedules Appendix E - Master Plan Excerpts Appendix F - Project Maps Appendix G - CD of Electronic Information Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. 2� Page 19 of,14l7 1602 PART 1- PROJECT SUMMARY Reclaimed Transmission Main Alone Immokalee Road - Phase 1 Project Name (if this is a multiyear project, please use the multi -year project name followed by the phase name or number for which funding is being sought - see example above) Collier County Public Utilities Division Grant Applicant (Entity that would enter into an agreement with District - not consultant. If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the land owner authorizing the construction of the _project.) Davne Atkinson Project Owner Representative 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Address (239) 530 -5337 Telephone (239) 530 -5378 Fax DayneAtkinsonPeolh.ergOV net E -mail Collier 596000558 County where project is located* Grant Applicant Federal ID Number 26 020'08.56 "N /81 035'43.09 "W Lower West Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Lisa Prieto. P.E. (407) 902 -9012 Consultant/Contractor Representative Telephone (407) 875 -1161 CDM Fax Company Name prietolmgcdm.com E -mail Page 1 of 19 Short Description (two to three sentence description of the project phase for which Working in conjunction with the Collier County Department of Transportation Engineering and Construction Management, a two -mile section of reclaimed water transmission main will be installed along Immokalee Road. Completion of the pipeline project will connect the future North East Water Reclamation Facility to the existing reclaimed water distribution system. Alternative Water Source: (check the applicable boxes) ❑ Seawater ❑ Brackish water from aquifer ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment X Reclaimed water ❑ Other source designated as non - traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Proiect Summary Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. �Ipti»w Previous SE444 SFWMD Pending Amount Awarded Amount to be expended N/A Page 2 of 19 "N I 1602 ' 11 PART 2 - PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project, describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWS be concise and to the point: one page is preferable; no more than two pages are recommended. A. Introduction/Background Collier County has identified the need to construct the new North East Water Reclamation Facility (NEWRF) to serve the County's North East service area. The facility is expected to be online in 2011 with a rated capacity of 4.0 MGD. The ultimate capacity of the NEWRF is expected to be 20 MGD by 2026. The Reclaimed Transmission Main project will involve the construction of a 36 -inch HDPE transmission main to connect the NEWRF to the County's existing reclaimed water distribution network. Phase 1 is being conducted in conjunction with a County Department of Transportation project along a two mile section of Immokalee Road. The reclaimed water main will be installed while construction on the roadway is occurring, as to minimize construction costs and future disturbances in the area. Future phases of the project will include the construction of additional sections of transmission main, with completion of the project anticipated in 2011 to coincide with the start -up of the NEWRF. B. Objectives The objective off the Reclaimed Transmission Main project is to construct a reclaimed water pipeline to connect the future North East Water Reclamation Facility to Collier County's existing reclaimed water distribution network. C. Scope of Work During FY08 a two miles section of 36 -inch HDPE reclaimed water transmission main will be installed along Immokalee Road in the vicinity of the Heritage Bay development. Project Maps (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1- Project Location - City or town map clearly showing the project location in relation to the nearest major street or road intersection. Figure 2 - Project Details - Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, e.g., storage /chlorination tank). Page 3 of 19 16C2 Figure 3 - Process Flow Diagram - For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. Project Maps are included in Appendix F. Page 4 of 19 M 0 e� d c. 0. U d QM s. CC ti F 1602 C O a w 0 bD a 0 o � at 0 0 O � O � V 0] V f+ [may N g i �¢ a U q x z y � Ln N y O U 'ti o c q r A z m C) cq � U � U V A c0 m w G � � y y y o 7 J � p O LO N f6 CL ° ° 06 SQ. Ga p ,p. cz c F p p d Cd O Cj GG O cq a) ^d m O O N O °O CV ° p cr•� U U GG w 'y .y O bfi 00 00 0 0 c O cc ~ o 0 p.+ c�y7 6 m GOD m F � � o O +> 0 w � o o U cc U b w z � ° w in a Ci O � it 01 w *_ 0 ' o v b0 Ga p O ' aka C3 y W a0 U 44 d �.•'. �'�'�! m co N � G ^.. O V r O J] U W U O bD rb d [ O 'O F bD ❑ /•� Iii �/y V O O w O ca U Q) rn C O a w 0 bD a 0 o � at 0 0 O � O � V 0] V f+ [may N g i �¢ a U q x z y � Ln N y O U 'ti o c q r A z m C) cq � U � U V A c0 m w G � � y y y o 7 J � p O LO N f6 CL 16 C 2 'I lame o - Leuverarjies ouneume for r ieo rn^^ase p. Ty y� JJ$W Construct 2 miles of 36 -inch HDPE reclaimed 1 water transmission main along Immokalee July 31, 2008 $1,350,000 Road Total * 1 $1,350,000 * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 1602 PART 3 - PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY08 funding is for construction that will take place between October 2007 and August 2008. It is very important that this project /phase be completed by August 1, 2008, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. Y N N/A • Have the project design and bid drawings been completed? X • Has a contractor been selected? X • Have all agreements, right -of -ways, etc. been executed? X List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Table 4 — Permits 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (if no, complete table below). Other items required before construction can begin (e.g., bidding, contractor selection) Completion Date Design/Bid Documents Complete Permit Agency Permit No. Permit Type (Water /WW, Obtained? ERP, CUP, Building) Y N SFWMD ROW Occupancy Permit X CCDOT ROW Occupancy Permit X 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (if no, complete table below). Other items required before construction can begin (e.g., bidding, contractor selection) Completion Date Design/Bid Documents Complete August 2007 Contractor Selection October 2007 3. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.gov, by clicking on the desired region located on Page 7 of 19 16CZ the lower right hand corner of the website (scroll to the list), clicking on the "Documents" tab, and then scrolling to the appropriate appendix.) If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. Reclaimed Water Transmission Pipeline from North E (Appendix A, Page 4) 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. No hydrogeologic data will be collected during the completion of this project. 5. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The utilization of reclaimed water for irrigation minimizes the demand on potable water. This project will allow for the reclaimed water distribution system providing reclaimed water to a larger number of customers. Reduced demand on potable water sources reduces drawdown and mitigates wetlands impacts due to heavy pumping of the aquifers. b. Show how the project reduces competition for water supplies. The supply of reclaimed water reduces the need for additional potable water sources, in turn reducing the competition on those highly - desirable sources. C. Identify the traditional source being replaced and/or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. The use of reclaimed water off sets the use of potable water from the Lower Tamiami aquifer. Also, through the use of reclaimed water for irrigation there is a natural replenishment of the groundwater supply. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. Page 8 of 19 l 6 C2 At this time no goal based water conservation programs have been established for utilities in the SFWMD. However, Collier County has an extensive water conservation program. The water conservation initiatives currently being implemented by Collier County include: aspects of the land development code, an inverted block rate structure for potable water, an irrigation ordinance that is more restrictive than the current SFWMD LWC restrictions, and a comprehensive public information program. Strict land development codes have been adopted by the County, including a requirement for construction of a dual distribution system (potable and reclaimed), the use of low -flow plumbing fixtures, and Xeriscape landscaping. The 6 -step block structure for potable water encourages customers to use water efficiently. The irrigation ordinance invokes the following year -round restrictions: varying watering days between even and odd address, usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive education program utilizes radio, television, newspaper, utility bill inserts, and public outreach such as school programs, government days, and a senior expo to inform customers to use water more efficiently. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. Capital Costs Capital Cost of Project $8,350,000 Interest Rate for Financing 6% Time Period for Financing ears 25 Annualized Capital Cost $653,194 Operating and Maintenance Costs O &M Costs NA Total Annual Costs $652,970 Capacity of Pro act, AADF 4.0 Thousand Gallons/Year 1,460,000 Total Cost per TG $0.45 f Indicate the percentage of the total water - producing capacity of the system that this project will provide. The current capacity of the Collier County Water system is 40 MGD. This project will provide 4 MGD of additional water supply or approximately 10% of the current capacity. Page 9 of 19 16C2 g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? Yes. Completion of this project will allow for delivery of reclaimed water to end users. This project will provide additional system redundancy and reliability. One hundred percent of the reclaimed water produced will off -set direct potable use. h. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. Within the Water -Sewer District boundary, the existing water service area does not include those areas within the County currently served by the City of Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area within the Goodland Water Sub - District. An interconnection between the Collier County Water -Sewer District and the City of Naples was completed in 2005. A project to interconnect the Collier County Water -Sewer District distribution system with the City of Marco Island is on -going and projected to be completed near the end of 2007. There is also an interconnection between the Collier County Water -Sewer District and Bonita Springs Utilities. In the future, the water service area will include the Orange Tree Area. Service may also be provided to other areas through bulk sales agreements with other water -sewer districts in the future. The Water -Sewer District Boundary area comprises approximately 240 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural Fringe areas recently added to the Water -Sewer District Boundary. i. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi - jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. Yes. Collier County is implementing a number of alternative water supply projects including the use of brackish water, reverse osmosis, and aquifer storage and recovery. Collier County supplies water at a uniform rate. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? List any other grants being sought, and the expected date of approval. Collier County will fund 60% of the project costs. No other grants are being sought on this project. Collier County is not a REDI community. Page 10 of 19 1602 k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. Collier County Public Utilities is an enterprise fund and transfers no revenues to the local government general fund in excess of reimbursements for services received. The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. Page 11 of 19 1602 Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: 41,993 Total Number of Accounts Served: 56,748 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/8x3/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi- Monthly Quarterly Other: Specify X 1,000's Gallons Hundred Cubic Feet (HCF) Other: Specify Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Water Revenues N/A Water Bill for Single Family Residential User Consuming 7,000 gallons $33.63 (9.36 HCF) per Month When were these water rates last revised: October 2006 Page 12 of 19 16C2 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Sewer Revenues N/A Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $48.57 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: ) When were these sewer rates last revised: October 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $g2.20 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/80/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water 1 $676 Sewer $0 Capacity or Impact Fee $3,415 $3,515 Total $4,091 $3,515 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 13 of 19 16C2 Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. This information is provided in Appendix D. Page 14 of 19 1602 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Reclaimed Water Revenues N/A Monthly Reclaimed Water Bill for 0.25 Acre Single Family Residence: 1 $25.25 *Assuming 1 inch per acre per week or approximately 27,000 gallons reclaimed water per month. (Note: if reclaimed water bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: ) When were these rates last revised: October 2006 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the reclaimed water system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Reclaimed $676 $0 $676 Water Note: Hookup fee is charge for connecting user to reclaimed water system including installation of meter etc. Capacity or impact fee is charge for providing capacity in reclaimed water system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Page 15 of 19 1602 I If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? Collier County has been and continues to be a pioneer of alternative water resources. Saddled with high growth rates, Collier County has invested in a course of action to use alternative water supply, aquifer storage and recovery (_ASR), reclaimed water, and conservation initiatives to meet their water supply needs. The County has put such emphasis on their use of non - traditional sources that they update their water and wastewater master plans every three years to keep up with the changing technologies and growing needs of their County. Relevant excerpts from the most recent master plan update are included in Appendix E. Collier County identifies cost as the greatest impediment to increasing its use of alternative water supplies. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. These files are provided on a CD in Appendix G. FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. Reclaimed water in Collier County is metered for all uses. Appendix D contains documentation of the rate structure for reclaimed water and relevant material from the public outreach education programs. 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Page 16 of 19 1602 1 Table 5 — Reclaimed Water Users Page 17 of 19 User Has an Estimated Name Demand agreement been Connection (MGD ) executed? / Date No additional reclaimed water users have been identified at this time. Total user demand Proposed project capacity Page 17 of 19 16C2 South Florida Water Management District FY 2008 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Mr. James Coletta, ( "Authorized Representative of the project owner) this 31& day ofJ , 2007, who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2)The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2008. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 2nd day of Januarv, in the year 2008. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2008 and further understands that if construction is not completed by August 1, 2008, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2008. STATE OF f /' r;de✓ Mr. James Coletta Print Name SWORN TO and subscribed before me3/-52'"' day of � 2007. Such person(s) (Notary Public must check applicable box): �is /are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) . o �, ��; /n' CAROLYN SUE fIL90N ::. Nobry PubYC -Stole of Fbtldo = w�. �'MCarcNsYonEt�YesAPra), � Commh�bn N 00277940 + ,� ?�'`'�`�,Bofltletl6VF101bltal AYR Page 18 of 19 Attest: Wight E. Brock, Clerk C fR mtv U Coo Inun S tignatw�e w►1 � ; Date Approved as to form and legal sufficiency Assistant Cou ty Attorney Notary Public 1602 APPENDICES Appendix A - Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction /Background Section of the application) Bid Documents Contractor Selection Right -of -way or other agreements Appendix B - Permit Supporting Documentation (Attach copies of first five pages and the signature page of the permits referenced in Table 4, Introduction/Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) Appendix C - Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F -1 in the case of the Upper East Coast Region) of the 2006 WSP) Appendix D - Copy of the Rate, Hookup and Capacity or Impact Fee Schedules Appendix E - Master Plan Excerpts Appendix F - Project Maps Appendix G - CD of Electronic Information Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 19 of 19 PART 1— PROJECT SUMMARY Reclaimed Booster Pump Station Project Name (if this is a multiyear project, please use the multi -year project name followed by the phase name or number for which funding is being sought — see example above) Collier County Public Utilities Division Grant Applicant (Entity that would enter into an agreement with District — not consultant. If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the land owner authorizing the construction of the project.) Ron Dillard Project Owner Representative 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Address (239) 530 -5338 Telephone (239) 530 -5378 Fax ROnaldDlllard(&colhergOV. net E -mail Collier 596000558 County where project is located* Grant Applicant Federal ID Number 26 014'04.09 "N /81 045'09.81 "W Lower West Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Lisa Prieto, P.E. Consultant/Contractor Representative (407) 902 -9012 Telephone (407) 875 -1161 Fax Company Name prietolmCo)cdm.com E -mail Page 1 of 19 1602 Short Description (two to three sentence description of the project phase for which funding is being requested) Collier County currently has two reclaimed water service areas; the North service area served by the North County Water Reclamation Facility, and the South service area served by the South County Water Reclamation Facility. Funding is being requested for the construction of a reclaimed booster pump station on the interconnect between the two service areas to add increased flexibility and efficiency to the reclaimed water system. Alternative Water Source: (check the applicable boxes) ❑ Seawater ❑ Brackish water from aquifer ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment X Reclaimed water ❑ Other source designated as non - traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Proiect Sunnnarv: Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. Fable 1 - rroiect .!'unlnlar Si: xs '... L e.' + ,. '3 ixz .. •� s Quantitg of,Wates 11tad� Ayai%tiyrl uag This Phase (by August 1, 2008 ) Total Project 5.0 5.0 4 Page 2 of 19 $0 1602 PART 2 — PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project, describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWS be concise and to the point: one page is preferable; no more than two pages are recommended. A. Introduction/Background Collier County reuses over 15 mgd of treated wastewater. The majority of the water is used by commercial and residential users for irrigation. Collier County also uses reclaimed water for irrigation at various parks and roadway medians. A small portion of the reclaimed water is used for environmental mitigation. The reclaimed water system is made up of over 50 miles of distribution piping, 130 million gallons of wet weather storage, two deep injection wells, and six large pumping stations. The County serves two reclaimed water service areas referred to as the South and North service areas. The South service area is primarily served by treated effluent from the South County Water Reclamation Facility (WRF) and the North service area is served by the North County WRF. The main issue Collier County's reclaimed water program faces is wet weather storage. The County has identified a need to construct the Reclaimed Water Booster Pump Station to add flexibility and increased efficiency to their reclaimed water system. The reclaimed water booster pump station will enhance the interconnections of the North and South reclaimed water service areas, allowing the County to serve as many customers as possible and also maximize the use of their reclaimed water storage facilities, including the reclaimed water ASR system, located in the North service area. B. Objectives The Reclaimed Water Booster Pump Station project will interconnect the two reclaimed water service areas in the County, the North service area and the South service area — adding flexibility and additional usage of the reclaimed water ASR system, located in the North service area. The County will be able to pump reclaimed water to storage facilities during the wet season, providing additional reclaimed water during peak demand. C. Scope of Work The Booster Pump Station will be constructed and connected to the interconnected service areas. Deliverables for this project will include the installation of two 3.5 MGD horizontal split case pumps with variable frequency drives and associated piping and valves, instrumentation and controls, and site work and restoration. Page 3 of 19 16C2 Project Maus (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1 - Project Location - City or town map clearly showing the project location in relation to the nearest major street or road intersection. Figure 2 - Project Details - Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, e.g., storage /chlorination tank). Figure 3 - Process Flow Diagram - For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. Project maps are included in Appendix F. Page 4 of 19 c a .0 F 0. F R m F 1602 0 .y U a a m ,c Y 0 O b0 a > q 0 Q y O U O O 0 0 ro (31 CZ U tom/] U � � d n U P4 � � y a) d 0 � U ' O r i/1 0 ro U U � � ClS c �+ y G E a V O 7 � U rn 0 LO CD f0 CL 0 xt o\° ° o W ° ti G.14 Ge c d m ❑ [yam' W 00 `V O b 3 ; Q) o Q C 'r7 0 c.0 O 0 O m Ln CD 7 Pi GIn o a m e O ~ co O + � ,1J m cy O is i � ti d F cC yr w O P. ci o s, L o cu ° O Ci z a �� 41 0 0� ro y Q N y C C7 (3) c .y bb C) tpi q C'. a1 Ef3 O o � o �° cc cn a 30 � F o^ Lg U .I O A C x 1602 0 .y U a a m ,c Y 0 O b0 a > q 0 Q y O U O O 0 0 ro (31 CZ U tom/] U � � d n U P4 � � y a) d 0 � U ' O r i/1 0 ro U U � � ClS c �+ y G E a V O 7 � U rn 0 LO CD f0 CL I6C2 Table 3 - Deliverables Schedule for FY08 Phase ' '1'#a�r' ;•x r "'k �� ®+�1$l'; �yfttweted CQmptetaa:i� C f> ai$txetjpa,. Date 4 - 1 Install two 3.5 -MGD horizontal split case 13111111M. July 31, 2008 $220,000 Install associated piping and valves including; four 12" check valves, four 20" motorized 2 butterfly valves, two 16" butter fly valves, two July 31, 2008 $270,000 12" butterfly valves, and 240' of ductile iron piping. Install associated instrumentation and controls 3 including; two 12" electromagnetic flow meters, July 31, 2008 $105,000 and two pressure indicators. Install associated electrical equipment 4 including switchgear, variable frequency July 31, 2008 $270,000 drives, control panels, and RTU. 5 Complete site work and restoration including fencing, landscaping, and access roads. July 31, 2008 $50,000 Total * $915,000 * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 1602 PART 3 - PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY08 funding is for construction that will take place between October 2007 and August 2008. It is very important that this project /phase be completed by August 1, 2008, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. Y N N/A • Have the project design and bid drawings been completed? X • Has a contractor been selected? X • Have all agreements, right -of -ways, etc. been executed? X List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Table 4 - Permits Agency Permit No. Permit Type (Water /WW, ERP, CUP, Building) PIx it SFWMD Noticed General ERP FDEP Stormwater Discharge FDEP Discharge of Produced Ground water X CCDOT Right of Way Occupancy X CDES Site Development X 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (if no, complete table below). Other items required before construction can begin (e.g., bidding, Completion Date contractor selection) Complete project design June 2007 Page 7 of 19 1602 4 Complete required permits August 2007 Contractor Selection September 2007 Obtain ROW Occupancy and SPDI permits September 2007 3. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.gov, by clicking on the desired region located on the lower right hand corner of the website (scroll to the list), clicking on the "Documents" tab, and then scrolling to the appropriate appendix.) If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. Reclaimed Water Booster Pump Station 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. No hydrogeologic data will be collected during the construction of this project. 5. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The utilization of reclaimed water for irrigation minimizes the demand on potable water. This project will allow storage of reclaimed water during the wet season; providing additional reclaimed water during the peak demand. Reduced demand on potable water sources reduces drawdown and mitigates wetlands impacts due to heavy pumping of the aquifers. b. Show how the project reduces competition for water supplies. The supply of reclaimed water reduces the need for additional potable water sources, in turn reducing the competition on those highly - desirable sources. Page 8 of 19 1602 C. Identify the traditional source being replaced and/or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. The use of reclaimed water off sets the use of potable water from the Lower Tamiami aquifer. Also, through the use of reclaimed water for irrigation there is a natural replenishment of the groundwater supply. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. At this time no goal based water conservation programs have been established for utilities in the SFWMD. However, Collier County has an extensive water conservation program. The water conservation initiatives currently being implemented by Collier County include: aspects of the land development code, an inverted block rate structure for potable water, an irrigation ordinance that is more restrictive than the current SFWMD LWC restrictions, and a comprehensive public information program. Strict land development codes have been adopted by the County, including a requirement for construction of a dual distribution system (potable and reclaimed), the use of low -flow plumbing fixtures, and Xeriscape landscaping. The 6 -step block structure for potable water encourages customers to use water efficiently. The irrigation ordinance invokes the following year -round restrictions: varying watering days between even and odd address, usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive education program utilizes radio, television, newspaper, utility bill inserts, and public outreach such as school programs, government days, and a senior expo to inform customers to use water more efficiently. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. Page 9 of 19 1602 Capital Costs Capital Cost of Project $915,000 Interest Rate for Financing 6% Time Period for Financing ears 25 Annualized Capital Cost $71,577 Operating and Maintenance Costs O &M Costs $100,000 Total Annual Costs $171,577 Ca acit of Pro ect, AADF 5.0 Thousand Gallons/Year 1,825,000 Total Cost per TG $0.09 Indicate the percentage of the total water - producing capacity of the system that this project will provide. The current capacity of the Collier County Water system is 40 MGD. This project will provide 5 MGD of additional water supply or approximately 25% of the current capacity. This capacity is calculated as the reclaimed water that would have been lost due to a lack of wet season reclaimed water storage. g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? This project will enhance the overall reliability of the system by providing an interconnect between the North and South Collier reuse distribution systems. The increased reliability will allow the County to better utilize wet weather storage, which should allow reclaimed water to replace some amount of direct potable water. h. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. Within the Water -Sewer District boundary, the existing water service area does not include those areas within the County currently served by the City of Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area within the Goodland Water Sub - District. An interconnection between the Collier County Water -Sewer District and the City of Naples was completed in 2005. A project to interconnect the Collier County Water -Sewer District distribution system with the City of Marco Island is on -going and projected to be completed near the end of 2007. There is also an interconnection between the Collier County Water -Sewer District and Bonita Springs Utilities. In the future, the water service area will include the Orange Tree Area. Service may also be provided to other areas through bulk sales agreements with other water -sewer districts in the future. Page 10 of 19 16C2 ' 4 The Water -Sewer District Boundary area comprises approximately 240 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural Fringe areas recently added to the Water -Sewer District Boundary. i. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi - jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. Yes. Collier County is implementing a number of alternative water supply projects including the use of brackish water, reverse osmosis, and aquifer storage and recovery. Collier County supplies water at a uniform rate. j. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? List any other grants being sought, and the expected date of approval. Collier County will fund 60% of the project costs. No other grants are being sought on this project. Collier County is not a REDI community. k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. Collier County Public Utilities is an enterprise fund and transfers no revenues to the local government general fund in excess of reimbursements for services received. The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. Page 11 of 19 16C2 I Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: 41,993 Total Number of Accounts Served: 56,748 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/80/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi- Monthly Quarterly Other: Specify �X s e Hundred Cubic Feet (HCF) Other: Specify Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Water Revenues Water Bill for Single Family Residential User Consuming 7,000 gallons $33.63 (9.36 HCF) per Month When were these water rates last revised: October 2006 Page 12 of 19 16C2 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Sewer Revenues Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $48.57 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: ) When were these sewer rates last revised: October 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $82.20 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following atypical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water 1 $676 Sewer $0 Capacity or Impact Fee $3,415 I Total $4,091 $3,515 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 13 of 19 16C2 , Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Additional rate documents are included in Appendix D. Page 14 of 19 1602 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Reclaimed Water Revenues N/A Monthly Reclaimed Water Bill for 0.25 Acre Single Family Residence: 1 $25.25 *Assuming 1 inch per acre per week or approximately 27,000 gallons reclaimed water per month. (Note: if reclaimed water bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed:._ When were these rates last revised: October 2006 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the reclaimed water system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Reclaimed $676 $0 $676 Water Note: Hookup fee is charge for connecting user to reclaimed water system including installation of meter etc. Capacity or impact fee is charge for providing capacity in reclaimed water system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Page 15 of 19 16C2 ; If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? Collier County has been and continues to be a pioneer of alternative water resources. Saddled with high growth rates, Collier County has invested in a course of action to use alternative water supply, aquifer storage and recovery (ASR), reclaimed water, and conservation initiatives to meet their water supply needs. The County has put such emphasis on their use of non - traditional sources that they update their water and wastewater master plans every three years to keep up with the changing technologies and growing needs of their County. Relevant excerpts from the most recent master plan update are included in Appendix E. Collier County identifies cost as the greatest impediment to increasing its use of alternative water supplies. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. Electronic files are provided on CD in Appendix G. FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. Reclaimed water in Collier County is metered for all uses. Appendix D contains documentation of the rate structure for reclaimed water and relevant material from the public outreach education programs. 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Page 16 of 19 1602 Table 5 — Reclaimed Water Users Name User Demand (MGD) Has an Estimated agreement been Connection executed? /N Date No additional reclaimed users will be added to the system as a result of this project. Total user demand Proposed project capacity Page 17 of 19 16C2 South Florida Water Management District FY 2008 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Mr. James Coletta, ( "Authorized Representative of the project owner) this -3Y-4; day of 12&V 2007, who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2008. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 17th day of December, in the year 2007. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2008 and further understands that if construction is not completed by August 1, 2008, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2008. STATE OF 14 o! fc-?e - [r. James Coletta rint Name i �¢� f SWORN TO and subscribed before me d /-4 .-C day of ?v_, 2007. Such person(s) (Notary Public must check applicable box): ,Ks/are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) Ck9(XVN SUE FL" '•` =NotarVhlbk Sl . • ats of Flgldp *b ' ,�, y„ O1^m # DD277943 BOM W *40WN01m1Aun Page 18 of 19 Attest: Wight E. Brock, Clerk'!., YSJAW 40 IQC Deputy Cl k Q =. AttW 4S to Chairwan s atSignature on1 V. - -- - Approved as to form and legal sufficiency s istant County Attorney No ry Pub 'c 16C2 APPENDICES Appendix A - Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction /Background Section of the application) Bid Documents Contractor Selection Right -of -way or other agreements Appendix B - Permit Supporting Documentation (Attach copies of first five pages and the signature page of the permits referenced in Table 4, Introduction/Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) Appendix C -Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F -1 in the case of the Upper East Coast Region) of the 2006 WSP) Appendix D - Copy of the Rate, Hookup and Capacity or Impact Fee Schedules Appendix E - Master Plan Excerpts Appendix F - Project Maps Appendix G - CD of Electronic Information Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 19 of 19 16C2 ' PART 1— PROJECT SUMMARY South County Reverse Osmosis (RO) Wellfield Expansion — Phase 2 Project Name (if this is a multiyear project, please use the multi -year project name followed by the phase name or number for which funding is being sought — see example above) Collier County Public Utilities Division Grant Applicant (Entity that would enter into an agreement with District — not consultant. If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the land owner authorizing the construction of the project.) Phil Gramatges Project Owner Representative 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Address (239) 774 -8836 Telephone (239) 530 -5378 Fax PhilGramatges@,colliergov.net E -mail Collier 596000558 County where project is located* Grant Applicant Federal ID Number 26 008'20.35 "N /81 047'35.22 "W Lower West Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Lisa Prieto. P.E. (407) 902 -9012 Consultant/Contractor Representative Telephone (407) 875 -1161 CDM Fax Company Name prietolmgcdm.com E -mail Page 1 of 19 16C2 1, ` Short Description (two to three sentence description of the project phase for which is Completion of the South County Reverse Osmosis (RO) Expansion will increase the reliable potable water capacity of the South County Regional Water Treatment Plant by 12 MGD. Phase 2 of the expansion will include the construction of brackish wells to supply raw water to the SCRWTP. Funding is being requested for the drilling of one (1) Hawthorn Zone 1 wells and the construction of eleven (11) Hawthorn Zone 1 wellheads. Alternative Water Source: (check the applicable boxes) ❑ Seawater X Brackish water from Hawthorn Zone 1 aquifer ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment ❑ Reclaimed water ❑ Other source designated as non - traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Proiect Summary Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. Table 1 - Proiect Summary @ua??�tY, otl�ateae Made Av�elaitle (iuog4i) s. This Phase (by August 1, 2008) Total Project 8 12 Project Completion Dates This Phase (August 1, 2008 or earlier ) Total Project July 31, 2008 September 10, 2008 Previous 9$444 SFWMD Funding Amount Awarded Amount to be expended by August 1, 2008 $3,100,000 $3,100,000 Page 2 of 19 16C2 PART 2 - PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project, describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWS be concise and to the point: one page is preferable; no more than two pages are recommended. A. IntroductionBackground Existing needs for additional water supply, fueled by an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its alternative water supply wellfield system. As part of the comprehensive plan additional wells are to be provided to meet demand needs. The South County Regional Water Treatment Plant ( SCRWTP) currently consists of a 12 -MGD lime softening facility, and an 8 -MGD reverse osmosis (RO) facility. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). Twenty -three wells sites have been identified south of the SCRWTP site for the 12 MGD expansion. The 23 new wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. B. Objectives The objective of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply (brackish water from the Hawthorn Zone 1 Aquifer) for the RO expansion of the SCRWTP. The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of finished water. C. Scope of Work Work completed in FY08 will include the drilling of one Hawthorn Zone 1 well, and construction of eleven Hawthorn Zone 1 wellheads. Page 3 of 19 16Cz Project Mans (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1 - Project Location - City or town map clearly showing the project location in relation to the nearest major street or road intersection. Figure 2 - Project Details - Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, e.g., storage /chlorination tank). Figure 3 - Process Flow Diagram - For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. Project Maps are included in Appendix F. Page 4 of 19 1602 G 0 y a a c� d y W O bA a U z O � 'y ro d OO cc O ro cu 0 3Pa" y y Y O U y a� z [ o m d ro tl ti NO U U ro a N cc m 0 ❑ O tj sr y � Y o IH is f jt -fit 0) Lo a> c R d O O V d O O O O N 06 O O t 0 00 N O co v cc cro ctl q PLO Qi W O q d cyi m O p C OL n axN � 0 3 N � H r m A q C p LO m O O ro ° O O H z E z oc ii Ci i4 O O O 0 0 �I y oc o 0 COD 0 Phi C 0 'cz m r o� V q O o pp o U o y U o 3 u a� Ge 0 C as Q1 cc cc o ^o o K" z cdo ono 0 cfl a� Fr o 0 w QI 4uflil gyp d O GS O O L CI3 CC y y rl 40 w q a m b ro G 0 y a a c� d y W O bA a U z O � 'y ro d OO cc O ro cu 0 3Pa" y y Y O U y a� z [ o m d ro tl ti NO U U ro a N cc m 0 ❑ O tj sr y � Y o IH is f jt -fit 0) Lo a> c R d 1602 Table 3 - Deliverables Schedule for FY08 Phase * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 ileverbTa) Expected Completion Coneractfeq K Date Coat Construction of Hawthorn Zone 1 Well Head 1 (Pumps, well discharge head, electrical equipment, January 2, 2008 $715,000 control panel, & well house ) for well RO -20S. Construction of Hawthorn Zone 1 Well Head 2 (Pumps, well discharge head, electrical equipment, January 23, $715,000 control panel, & well house ) for well RO -21S. 2008 Construction of Hawthorn Zone 1 Well Head 3 (Pumps, well discharge head, electrical equipment, February 18, $715,000 control panel, & well house ) for well RO -25S. 2008 Construction of Hawthorn Zone 1 Well Head 4 (Pumps, well discharge head, electrical equipment, March 5, 2008 $715,000 control panel, & well house ) for well RO -26S. Construction of Hawthorn Zone 1 Well Head 5 (Pumps, well discharge head, electrical equipment, March 26, 2008 $715,000 control panel, & well house ) for well RO -27S. Construction of Hawthorn Zone 1 Well Head 6 (Pumps, well discharge head, electrical equipment, April 16, 2008 $715,000 control panel, & well house ) for well RO -33S. Construction of Hawthorn Zone 1 Well Head 7 (Pumps, well discharge head, electrical equipment, May 7, 2008 $715,000 control panel, & well house ) for well RO -34S. Construction of Hawthorn Zone 1 Well Head 8 (Pumps, well discharge head, electrical equipment, May 29, 2008 $715,000 control panel, & well house ) for well RO -35S. Construction of Hawthorn Zone 1 Well Head 9 (Pumps, well discharge head, electrical equipment, June 19, 2008 $715,000 control panel, & well house ) for well RO -36S. Construction of Hawthorn Zone 1 Well Head 10 (Pumps, well discharge head, electrical equipment, July 11, 2008 $715,000 control panel, & well house ) for well RO -37S. Construction of Hawthorn Zone 1 Well Head 11 (Pumps, well discharge head, electrical equipment, August 1, 2008 $715,000 control panel, & well house ) for well RO -38S. 12 Drilling of one Hawthorn Zone 1 Well. August 1, 2008 $1,265,000 Total * $9,130,000 * Deliverable /task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Page 6 of 19 1602 PART 3 - PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY08 funding is for construction that will take place between October 2007 and August 2008. It is very important that this project /phase be completed by August 1, 2008, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. • Have the project design and bid drawings been completed? • Has a contractor been selected? • Have all agreements, right -of -ways, etc. been executed? ©® ©MM ©MM ©__ List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Tahla d - Panmi +e Agency Permit No. Permit Type (Water /WW, ERP, CUP, Building) Permit Obtained? Y N FDEP 11- 021257 ERP X ACOE SAJ- 2005 -6149 ERP X SFWMD 00- 0828 -1 ROW Occupancy X FDOT 06 -N- 197 -0035 Utility Permit X FDEP NPDES Stormwater X CDES SDPI - 2005 -AR -9157 SDPI X ODES Building Permits X SFWMD Well Construction X FDEP 167182 - 003 -DS 167182- 004 -WC through 026 -WC Permit to Construct PWS X Page 7 of 19 1602 CCDOT 25448 -E Right of Way Occupancy X SFWMD 11- 00249 -W Water Use Permit X 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? X Yes No (if no, complete table below). Other items required before construction can begin (e.g., bidding, Completion Date contractor selection) N/A Construction is currently on- going. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.gov, by clicking on the desired region located on the lower right hand corner of the website (scroll to the list), clicking on the "Documents" tab, and then scrolling to the appropriate appendix.) If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. South County Regional Water Treatment Plant (SCRWTP) 20 -MGD Wellfield 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. No hydrogeologic data will be collected during the construction of this project. 5. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The SCRWTP Wellfield Expansion project will withdraw raw water from the Hawthorn Zone 1 aquifer to supply the expansion of the SCRWTP at peak capacity. The wellfield expansion will enhance the existing brackish water supply without tapping additional water from the surficial fresh aquifer system, thereby reducing negative impacts on wetlands while lowering future demand on fresh water sources. Page 8 of 19 16C2 b. Show how the project reduces competition for water supplies. The SCRWTP Wellfield Expansion will utilize raw water from the Hawthorn Zone 1 aquifer, an alternative water supply, rather than the Lower Tamiami aquifer. This is consistent with the objectives of the Lower West Coast Water Supply Plan. C. Identify the traditional source being replaced and/or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. This project utilizes raw water from the Hawthorn Zone 1 aquifer, reducing the amount of fresh ground water that would otherwise need to be withdrawn from the Lower Tamiami aquifer to adequately meet demand. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. At this time no goal based water conservation programs have been established for utilities in the SFWMD. However, Collier County has an extensive water conservation program. The water conservation initiatives currently being implemented by Collier County include: aspects of the land development code, an inverted block rate structure for potable water, an irrigation ordinance that is more restrictive than the current SFWMD LWC restrictions, and a comprehensive public information program. Strict land development codes have been adopted by the County, including a requirement for construction of a dual distribution system (potable and reclaimed), the use of low -flow plumbing fixtures, and Xeriscape landscaping. The 6 -step block structure for potable water encourages customers to use water efficiently. The irrigation ordinance invokes the following year -round restrictions: varying watering days between even and odd address, usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive education program utilizes radio, television, newspaper, utility bill inserts, and public outreach such as school programs, government days, and a senior expo to inform customers to use water more efficiently. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. Page 9 of 19 1602 Capital Costs Capital Cost of Project $47,958,450 Interest Rate for Financing 6% Time Period for Financing ears 25 Annualized Capital Cost $3,751,633 Operating and Maintenance Costs O &M Costs $460,000 Total Annual Costs $3,431,600 Capacity of Project, AADF 12.0 Thousand GallonsNear 4,380,000 Total Cost per TG $0.86 f. Indicate the percentage of the total water - producing capacity of the system that this project will provide. The current capacity Collier County Water system is 40 MGD. This project will provide an additional 12 MGD of additional potable water supply, approximately 30% of the current system capacity. g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? No. This is not a reclaimed water project. h. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. Within the Water -Sewer District boundary, the existing water service area does not include those areas within the County currently served by the City of Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area within the Goodland Water Sub - District. An interconnection between the Collier County Water -Sewer District and the City of Naples was completed in 2005. A project to interconnect the Collier County Water -Sewer District distribution system with the City of Marco Island is on -going and projected to be completed near the end of 2007. There is also an interconnection between the Collier County Water -Sewer District and Bonita Springs Utilities. In the future, the water service area will include the Orange Tree Area. Service may also be provided to other areas through bulk sales agreements with other water -sewer districts in the future. The Water -Sewer District Boundary area comprises approximately 240 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural Fringe areas recently added to the Water -Sewer District Boundary. Page 10 of 19 1602 If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi - jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. Yes. Collier County is implementing a number of alternative water supply projects including the use of brackish water, reverse osmosis, and aquifer storage and recovery. Collier County supplies water at a uniform rate. j. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? Last any other grants being sought, and the expected date of approval. Collier County will fund 60% of the project costs. Collier County is not a REDI community. Other grants being sought: Agency Grant Type Anticipated Approval Date Big Cypress Basin Alternative Water Supply Fall 2007 k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. Collier County Public Utilities is an enterprise fund and transfers no revenues to the local government general fund in excess of reimbursements for services received. The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. Page 11 of 19 1602 Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: 41,993 Total Number of Accounts Served: 56,748 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/8x3/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi- Monthly Quarterly Other: Specify 1,000's Gallons Hundred Cubic Feet (HCF) Other: Specify X 'xiwp $16.03 units V014*1 gIAC Ii Od in xwmua} charge: N/A �T } h�tae Psr Consarr►ption Vwt Unit Breaks $2.20 Per Unit Range 1 0 tit ? 5,000 Untie. to , $3.30 Per Upit Range 2 5,001 to 10,000 Units Rate $ $4.40 Per Unit Range 3 `' 10,001 to 20,000 Units $5.50 Per Unit Range 4 20,001 to 30,000 Unite - S. $6.59 1'eai7pit Rang 5 30,001 to 50,000 Units Rate & $8.79 Per Unit Range 6 50,001 to N/A Unite Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Water Revenues N/A Water Bill for Single Family Residential User Consuming 7,000 gallons $33.63 (9.36 HCF) per Month When were these water rates last revised: October 2006 Page 12 of 19 16e2 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Sewer Revenues Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $48.57 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: When were these sewer rates last revised: October 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $g2.20 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water $676 Sewer $0 Capacity or Impact Fee $3, 415 $3,515 Total [$4,091 $3,515 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 13 of 19 `Pd $iTiingPeriod $24.49 YQltmteed iri MinimeiaP charge: N/A Unite �o}tm a Per Coal mpt ol� Unit Unit Breaks $ 3.44 Per Uzut, Range 1 N/A to N/A Lttnte 2 Per Unit Range 2 Unrde; r 3 Per Unit Range , Per Unit Range 4 -Rama U a to nt Per lfnft Rate b; Per Unit. Range R LSatte Cneaunlntioe Units TTAAA to, spit Shaw. Rin r.,.li, .ta,;.,... Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Sewer Revenues Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $48.57 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: When were these sewer rates last revised: October 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $g2.20 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water $676 Sewer $0 Capacity or Impact Fee $3, 415 $3,515 Total [$4,091 $3,515 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 13 of 19 1602 Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. This information is provided in Appendix D. Page 14 of 19 16C2 Water and Wastewater Rate Information Utility Tax Rate or Franchise Fee Rate: I N/A Percent of Reclaimed Water Revenues N/A Monthly Reclaimed Water Bill for 0.25 Acre Single Family Residence: 1 $25.25 *Assuming 1 inch per acre per week or approximately 27,000 gallons reclaimed water per month. (Note: if reclaimed water bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: i When were these rates last revised: October 2006 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the reclaimed water system) Note: Assume for the following atypical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4 "). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Reclaimed $676 Water $0 $676 Note: Hookup fee is charge for connecting user to reclaimed water system including installation of meter etc. Capacity or impact fee is charge for providing capacity in reclaimed water system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Page 15 of 19 1602 If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? Collier County has been and continues to be a pioneer of alternative water resources. Saddled with high growth rates, Collier County has invested in a course of action to use alternative water supply, aquifer storage and recovery (ASR), reclaimed water, and conservation initiatives to meet their water supply needs. The County has put such emphasis on their use of non - traditional sources that they update their water and wastewater master plans every three years to keep up with the changing technologies and growing needs of their County. Relevant excerpts from the most recent master plan update are included in Appendix E. Collier County identifies cost as the greatest impediment to increasing its use of alternative water supplies. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. C. Existing and proposed reclaimed water end users. These files are provided on CD in Appendix G. FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. This is not a reuse project. 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Page 16 of 19 1602 Table 5 — Reclaimed Water Users Name User Demand GD) Has an Estimated agreement been Connection executed? /N Date N/A Total user demand Proposed project capacity Page 17 of 19 1602 South Florida Water Management District FY 2008 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Mr. James Coletta, ( "Authorized Representative of the project owner) this 3/ day of e � 2007, who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2008. 3) The undersigned represents that the project owner has already begun construction on this alternative water supply project. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2008 and further understands that if construction is not completed by August 1, 2008, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2008. STATE OF ` - -' SWORN TO and subscribed before me 3/–' [day of , 2007 Such person(s) (Notary Public must check applicable box): j Kis /are personally known to me. K[ ] produced a current driver license(s). ] produced as identification: (NOTARY PUBLIC SEAL) _c sby or Fbu r C-;; w a, AW28,ai ndbds,... _ .- ai Attest: Wight E. Brock, Clerk Y A D 4 kt0,� airs' y onli Date — Approved as 'to Egan, and legal sufficiency Assistant County Attorney W� �. Page 19 of 20 16C2 APPENDICES Appendix A — Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction/Background Section of the application) Bid Documents Contractor Selection Right -of -way or other agreements Appendix B — Permit Supporting Documentation (Attach copies of first five pages and the signature page of the permits referenced in Table 4, Introduction/Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) Appendix C — Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F -1 in the case of the Upper East Coast Region) of the 2006 WSP) Appendix D - Copy of the Rate, Hookup and Capacity or Impact Fee Schedules Appendix E - Master Plan Excerpts Appendix F - Project Maps Appendix G - CD of Electronic Information Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 19 of 19 16D2 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 2008. 16D3 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 2008. 16D4 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 20080 16D5 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MAY 129 2008. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 � 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 011ice. The completed routing slip and original documents are to be forwarded to the Board Office only gfter the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 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 sitmmure_ draw a line thrnnnh rruof..o m..— a I .h— 16 xn .,...._.e.,...._ _...._...:_. _ .. ,. ,.. .. _. _ __- _ Route to Addressee(s) List in routing order) ... ...._ ............. ...,, .........,, .�.......;,.r,,.�y dm Office iomwaru to oue rnson Initials me x1 . Date 1. appropriate. (Initial) Applicable) 2. 05/08/07 Agenda Item Number 16.D. 6 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. A reement &Resolution— Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Susan Golden Phone Number 213 -2901 Contact appropriate. (Initial) Applicable) Agenda Date Item was 05/08/07 Agenda Item Number 16.D. 6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document A reement &Resolution— Number of Original 2 Attached Marco Island e20o 7 — 109 Documents Attached INSTRUCTIONS & CHECKLIST 1: Fortes/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 tom.. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 l _ _- contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �1 n 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. (10 Some documents are time sensitive and require forwarding to Tallahassee within a certain 1 ,1 time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 05/08/07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The A p • / ) yam[ Coun Attorney's Office has reviewed the changes, if applicable. / — _ 1: Fortes/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 tom.. • MEMORANDUM Date: May 11, 2007 To: Susan Golden, State Grants Admin. Mgr. Financial Administration and Housing From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -109: Urban County Cooperation Agreement Between Collier County and City of Marco Island Enclosed, please find one (1) copy of document and one (1) copy of the Resolution as referenced above (Agenda Item #16D6) adopted by the Collier County Board of County Commissioners on Tuesday, May 8, 2007. The documents were sent to Recording Department and they will forward copies to you. If you should have any questions please call me at 732 -2646 x 2740. Thank you. Enclosures Retn. 4017287 OR: 4227 PG: 4152 BBC FEE 78,00 CLERK TO THE BOARD RBCORDRD in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 9100 INTEROFFICE 4TH FLOOR 05/1112007 at 02:24PH DWIGHT B. BROCK. CLERK BIT 7240 RESOLUTION NO. 2007- 1pg_ 16 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE CITY OF MARCO ISLAND AND COLLIER COUNTY'S URBAN COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007 -2009; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development Act of 1974, as amended, provides that counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26, 2000, June 24, 2003, and October 24, 2006, the City of Marco Island entered into three -year "Urban County" Agreements with Collier County; and WHEREAS, the City of Marco Island desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Marco Island and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has requested that the existing Urban County Cooperation Agreement be amended to add new language;and WHEREAS, this Agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007 -2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the amended Urban Cooperation Agreement with the City of Marco Island for continued participation in the Community Development Block Grant program for Federal Fiscal Years 2007 -2009. Section 2. The Chairman is hereby authorized to sign the amended Urban i OR; 4227 PG; 4153 1606 Cooperation Agreement and this Resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this $ day of '2007. ATTEST: DWIGHT E. BROCK, CLERK By: Attest as t0 Chajrim y�j�puty Clerk slonaturo 0411, t/ Approved as to form andieeal sufficiencv County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: — 4 — JA&VS COLETTA, CC HA OR; 4227 PG; 4154 URBAN COUNTY OEO AGREEMENT N COLLIER COUNTY 1 6 D S AND CITY OF MARCO ISLAND THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County "); and the City of Marco Island, Florida (hereinafter referred to as the "City "). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and, WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007 -2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF MARCO ISLAND, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. 1 OR; 4227 PG; 4155 16D6 2. This Agreement will be automatically renewed for participation in successive three -year qualification periods, unless the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Marco Island of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG funds and income received with respect to this three -year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. 2 OR: 4227 PG: 4156 6. The County and the City are obligated to take all actions necessary to6 assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 7. This Agreement prohibits the City's use of Urban County funding for activities, in or in support of the City, that do not affirmatively further fair housing within the City's jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The City has adopted and is enforcing: a. 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 b. 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 nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for selecting CDBG activities and annually filing the Action Plans with HUD. 11. The County agrees to provide technical assistance to the City in the planning and implementation of CDBG Entitlement activities. 12. By executing this program agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in 3 OR; 4227 PG; 4157 16D6 which it is participating in the Urban County's CDBG program, and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Marco Island will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects on Marco Island. If HUD determines that the proposed use of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Marco Island will immediately reimburse the County the amounts determined not to have been properly expended. 14. Disputes between the county and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. 4 OR; 4227 PG; 4158 IN WITNESS WHEREOF, the County and the City have executed this Agreemej 6 106 effective as of the latter date written below. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL Dwight E. Brock Clerk SUBDIVISION OF THE STATE OF FLORIDA la Dater i;�awk y,. lega Jim Coletta, Chairman as to form and Attorney ATTEST: THE CITY OF MARCO ISLAND COUNTY OF COLLIER, FLORIDA. A POLITICAL Laura Litzan, City Clerk SUBDIVISION OF THE STATE OF FLORIDA By. Date: Z�3 'O7 By: Terri DiSLiullo , Chairwoman Approved as to form and legal sufficiency Richard YovanovrcI6, City Attorney 5 OR; 4227 PG; 4159 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. A. KI zkow, Assistant County Attorney Count A,O,2+L LS aoD7 Dat 6 * ** OR: 4227 PG: 4160 * ** LEGAL CERTIFICATION 1606 BY CITY OF MARCO ISLAND'S COUNSEL As the legal counsel for the City of Marco Island, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Richard Yovanovic , City Attorney City of Marco Island Date 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � 6 D? 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 are to be forwarded to the Board Office only Iare_r 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 cx=tion of the Chairman's simu ure draw a linr t6rn,wh —f;.. li— d r 0........1, wn ' - - Route to Addressee(s) "' - " -� •, �..••• ate... ..... ..ur..N.a4 you Office —.y W JUG 1'IIJVV Initials one flJ . Date List in routing order) appropriate. (Initial) Applicable) 1. �. 05/08/07 Agenda Item Number 16.D. 7 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed e„ / 2. Co Agreement & Resolution— Number of Original 2 3. °.. Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. 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 Alp( 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents [lading the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the them.) Name of Primary Staff Susan Golden Phone Number 213 -2901 Contact appropriate. (Initial) Applicable) Agenda Date Item was 05/08/07 Agenda Item Number 16.D. 7 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed e„ / Type of Document Co Agreement & Resolution— Number of Original 2 Attached Na les Documents Attached INSTRUCTIONS & CHF.CKIdCT I: Forms/ County Fon ts/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed e„ / 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 Alp( Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. A� p Some documents are time sensitive and require forwarding to Tallahassee within a certain �� S time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 05/08/07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the changes. if aDDlicahle. I: Forms/ County Fon ts/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16137 MEMORANDUM Date: May 11, 2007 To: Susan Golden, State Grants Admin. Mgr. Financial Administration and Housing From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -110: Urban County Cooperation Agreement Between Collier County and City of Naples Enclosed, please find one (1) copy of document and one (1) copy of the Resolution as referenced above (Agenda Item #16137) adopted by the Collier County Board of County Commissioners on Tuesday, May 8, 2007. The documents were sent to Recording Department and they will forward copies to you. If you should have any questions please call me at 732 -2646 x 2740. Thank you. Enclosures Retn: 4017286 OR; 4227 PG; 4143 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROFFICE 4TH FLOOR 05/11)2001 at 02:24PN DWIGHT I. RIC FBI 18.00 BROCK, CLERK BIT 1240 COPIES 9.00 RESOLUTION NO. 2007- 1 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 16,97 COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE CITY OF NAPLES AND COLLIER COUNTY'S URBAN COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007 -2009; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development Act of 1974, as amended, provides that counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26, 2000, June 24, 2003, and October 24, 2006, the City of Naples entered into three -year "Urban County" Agreements with Collier County; and WHEREAS, the City of Naples desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Naples and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has requested that the existing Urban County Cooperation Agreement be amended to add new language; and WHEREAS, this Agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007 -2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section I. The Board of County Commissioners does hereby agree to adopt the amended Urban Cooperation Agreement with the City of Naples for continued participation in the Community Development Block Grant program for Federal Fiscal Years 2007 -2009. Section 2. The Chairman is hereby authorized to sign the amended Urban Cooperation Agreement and this Resolution and the Clerk of the Circuit Court to attest to same. OR: 4227 PG: 4144 16n� BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this 9 day of M 2007. ATTEST`'. DWIGHT E. BROCK, CLERK By: 1 Attest dS' tQ Chair Deputy Clerk Signature on)M JeffiVv A. as to form County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J S COLETTA, CHAIRMAN OR; 4227 PG; 4145 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY 16D7 AND CITY OF NAPLES THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County "); and the City of Naples, Florida (hereinafter referred to as the "City "). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant (CDBG) program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007 -2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF NAPLES, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. OR: 4227 PG: 4146 2. This Agreement will be automatically renewed for participation in 'f v L 99;7 successive three -year qualification periods, unless either the County or j the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Naples of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG funds and income received with respect to this three -year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. OR: 4227 PG: 4147 6. The County and the City are obligated to take all actions necessary t1 6 07 assure compliance with the County's certification required by Section u 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 7. This Agreement prohibits the City's use and the County's use of Urban County funding for activities, in or in support of the City or County that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The County and City have adopted and are enforcing: a. 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 b. 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 nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for administration of CDBG activities and annually filing the Action Plans with HUD. The City has responsibility for day to day implementation of its programs. 11. The County and City agree to work cooperatively on providing technical assistance in the planning, administration and implementation of CDBG Entitlement activities. OR: 4227 PG: 4148 12. By executing this cooperation agreement the City expressly understands (� and agrees that: L a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Naples will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects in Naples. If HUD determines that the proposed uses of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Naples will immediately reimburse the County the amounts determined not to have been properly expended. 14. Disputes between the county and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. OR: 4221 PG: 4149 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. BFobk; bkk Y - Date: %14,q, Attest as Vchatram s st4natury oatu 16D BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. APOLITICAL SUBDIVISION OF THE STATE OF FLORIDA /` i Jim Coletta, Chairman Approved as to form and legal sufficiency Jeffrey Assistant County ATTEST: THE CITY OF NAPLES COUNTY OF COLLIER, FLORIDA. A POLITICAL Tara Norman, City Clerk SUBDIVISION OF THE STATE OF FLORIDA By:,��Gl�u: ✓ /`�ylGrr Date: 2` '7�0 7 By: / ?I �01' Bill Barnett, Mayor Approved as to form and legal sufficiency Robert D. Prift, City Attorney OR: 4227 PG: 4150 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. , Assistant County Attorney Collier Itounty Y h )(;" 007 Date * ** OR: 4227 PG: 4151 * ** LEGAL CERTIFICATION 16D;7 BY CITY OF NAPLES'S COUNSEL As the legal counsel for the City of Naples, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Robert D. Pritt, City Attorney City of Naples I�I�(C' Date 16E6�1 MEMORANDUM Date: May 23, 2007 To: Mary Beck, Executive Secretary Administrative Services Division From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2007-111: Supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 Attached, please find a copy of the document, as referenced above, Agenda Item # 16E6, adopted by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please contact me 774 -8406. Thank you. Attachments (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 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 M] through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routine Imes 9l thi nngh 44 cnmmlete thr rh,,Irno and s n A n. o... ray,.., Route to Addressee(s) List in touting order Office Initials Date 1. May 8, 2007 Agenda Item Number 16E6t 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes 3. Resolution to support H.R.1023 and S.777 Number of Original 1 4. to Repeal 3% Withholding Tax Legislation Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners R e 5 . 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 createdprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Mary Beck Phone Number 732 -2700 Agenda Date Item was May 8, 2007 Agenda Item Number 16E6t Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Yes Type of Document Resolution to support H.R.1023 and S.777 Number of Original 1 Attached to Repeal 3% Withholding Tax Legislation Documents Attached (payments made to vendors R e 5 . INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Mav 8, 2007 and all changes made Yes during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, it a licable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1 6 E6 EXECUTIVE SUMMARY Recommendation to adopt a Resolution supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. OBJECTIVE That the Board of County Commissioners (Board) adopts a Resolution supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. Consideration This far - reaching new requirement was inserted as a last- minute revenue raiser into the Tax Reconciliation Act of 2005 (Section 511) that was signed by the President in May 2006. Though different versions of this provision have been discussed the last few years, no committee hearings were ever held. While its supporters argue that imposing withholdings of three percent on non -wage payments by Federal, State and local governments would improve taxpayer compliance, reduce the "tax gap ", and promote fairness in the tax system, this provision focuses only on payments made by governments unrelated to any tax liabilities. The provision is aimed at collecting underreported tax revenues and increased tax compliance. The bill is stated to increase revenue in the estimated amount of seven billion from 2011 to 2005. However, six billion of the "increased revenue" comes from accounting rhetoric. The bulk of the seven million revenue score is due to the acceleration of tax receipts during the transition year and not an actual revenue increase from improved tax compliance. Governments have been moving toward obtaining commercial products and services at commercial prices (products /prices that are the same in the private sector marketplace). This provision severely alters this system that has shown great progress in reducing prices to the government. This will put government at a severe, competitive disadvantage relative to private sector firms buying the same products and services. Government contracts are often multi -year and cover periods of five years or longer in length. This means that companies entering into these long -term contracts now should be considering in their pricing the additional administrative and financing costs to implement this requirement. The additional expenses incurred by contractors will increase the costs of goods and services provided to the government. It is in the best interest of government and taxpayers to repeal Section 511 now. FISCAL IMPACT The county will incur increased internal accounting and administration costs and increased costs for the purchase of products and services. The extent of these costs is not known at this time. However, adding three percent to all current contracts, including capital projects, will increase expenditures by a very substantial amount. RECOMMENDATION Staff recommends that the Board adopts the attached Resolution in support of H.R. 1023 and S. 777, repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. PREPARED BY: Len Golden Price, Administrator, Administrative Services Division 16 E6 RESOLUTION NO. 2007 - 111 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED TO SUPPORT H.R. 1023 AND S. 777 TO REPEALTHE IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES IMPOSED BY SECTION 511 OF THE TAX INCREASE PREVENTION AND RECONDILIACTION ACT OF 2005, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO SENATORS BILL NELSON AND MEL MARTINEZ AND REPRESENTATIVES CONNIE MACK AND MARIO DIAZ- BALART. WHEREAS, this far - reaching new requirement was inserted as a last- minute revenue raiser into the Tax Reconciliation Act of 2005 (Section 511) that was signed by the President in May 2006; and WHEREAS, with no committee hearings having been held supporters argue that imposing withholdings of three percent on non -wage payments by Federal, State and local governments would improve taxpayer compliance, reduce the "tax gap ", and promote fairness in the tax system, but this provision focuses only on payments made by governments unrelated to any tax liabilities; and WHEREAS, Section 511 is estimated to "increase" revenue by $7 billion from 2011 to 2015, but raises $6 billion of that amount in 2011 solely due to accelerated tax receipts and not an actual revenue increase from improved tax compliance; and WHEREAS, Collier County will be burdened with ongoing costs to administer this unfunded mandate which will be substantial and complicated to implement; and WHEREAS, Collier County will incur increased costs with all vendors affected by this mandate as a result of their loss of vital funds needed to operate day -to -day operations, which they will be forced to pass along to customers; and WHEREAS, construction projects will be significantly impacted as profits are not realized until the end of a multiyear contract, but withholding will occur throughout the project; and WHEREAS, the three percent withholding and administrative costs burden on the contractors /vendors will ultimately be funded by the taxpayers; and WHEREAS, Collier County indirectly bears the burden of administrative costs of contractors, Section 511 will increase the cost of goods and services purchased; and WHEREAS, with the contractors /vendors revenue streams tied up in withholding, these firms could be deterred from working with Collier County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. 16 E6 2. For each of the above reasons, and many others too numerous to include in this Resolution, the Board for County Commissioners of Collier County, Florida, hereby expresses its strong support for the proposed H.R. 1023 and S.777. 3. Collier County's Board of County Commissioners urges members of the Senate and House of Representatives of the United States of America to support H.R. 1023 and S.777, and if passed by both Houses of the Congress to forward this bill to President Bush for signature, and 4. County Manager, James V Mudd, is hereby directed to immediately distribute a copy of this Resolution to Senators Bill Nelson and Mel Martinez and Representatives Connie Mack and Mario Diaz - Balart. 5. This Resolution shall be effective upon adoption. Passed and duly �A:DOPTED the Board of County Commissioners of Collier County, Florida, the � � day of 2007. ATTEST: '' ',,; BOARD OF COUNTY COMMISSIONERS DWIGHT E. BWCK, Clerk By: a( A%Syyif I Cha f PM4 n s ii9nature oni. Approved 'as to form and legal sufficiency: By: Robert Zachafy Assistant County Attorney Item # J l� C I 5 -a3 1 �6r l (► I'J 1 'JiNT11"d Date: May 8, 2007 To: Michael Dowling, Property Management Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: License Agreement: Wal -Mart Stores Attached please find 4 original documents, as referenced above (Agenda Item #16F1) approved by the Board of County Commissioners on Tuesday, May 8, 2007. Please forward the agreement to the appropriate parties for the required signatures. After processing, please return the original document to the Minutes & Records Department to be kept for public record. If you should have any questions, please contact me at 732 -2646 x 7240. Thank you. Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pmk paper. Attach to original document original ddcxme us should be hand delivered m the Board Office. Thecomplemd routing slip and original documents are to be-forwarded. to the Board 0&ox only 3 tag the Board has talrmacaoaon the item.) ROUTING SLIP complete rwtmg lief #1 dumagh #4 as appropriate for addia®al sigoamrev, date. and/or information accord_ if the dommentis already complete with the CCWtlnn the Chai>men's $onamre draw aline thmnah moans Imec #1 thrnuah #4, mmnteee the the w,,.,n Route to Addressee(s) (Elst is routing order) - Office ^hiWalsw _ . Date Contact _L (Initial) 2. - Agenda Item Number ` c 3. G e'� S °— Its umber of Original 4. / Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRD&A.RY 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 etecuave summary. Primary contact information is aeeded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. AB 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 j/C ���� ��Cl�����fl Phone Number �� Contact _L (Initial) Agenda Date Item was Approved by the BCC /!1 _% Agenda Item Number ` c Type of Document G e'� S °— Its umber of Original Attached / Documents Attached INSTRUCTIONS & CHECKLIST 1• Forms/ County Fwmf/ BCC Forms/ Original Doc arena Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten .strike - through and revisions have been initialed by the County Attorney's / h Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chailn r 's signature line date has been entered as the date of BCC approval of the , document or the final negotiated contract date whichever is applicable. low 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si taro and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. /�1 Some documents are time sensitive and require' forwarding to Tallahassee within a certain a, 7� tithe flame or the BCC's actions are nullified Be aware of our deadlines! 6. document was approved by the BCC on •a (enter date) and all changes 1The made during the meeting have been incorporated in the attached document The I/ipjl County Attorney's Office has reviewed the es, if applicable. 1• Forms/ County Fwmf/ BCC Forms/ Original Doc arena Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F1 LICENSE AGREEMENT —Ts.. THIS LICENSE AGREEMENT ( "Agreement'), made and entered into this day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 8° Street with offices at 2001 S.E. 10" Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee "). WITNESSETH WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal -Mart Store #1957, located at 11225 Tamiami Trail North, Naples, FL ( "Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #1957 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: 1. The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use') on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10 %) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days 6 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #1957, located at 11225 Tamiami Trail North, Naples FL, for a walk - through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. F? 16F1 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: tS � ATTEU:. , t DWIGHT E. BROCK, Clerk Attese at epu Clerk Signature onIm AS TO LICENSOR: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: / JA COLETTA, Chairma WAL -MART STORES, INC. Approved as to form an gal sufficiency: By: YV1 U� Thomas k. Palmer, Assistant County Attorney I;em# ? Dete bte .j HJW 13 3AV IILLL s..- Exhibit A Pill, IS I I I OP <i> 91 Vol, J .j HJW 13 3AV IILLL s..- Exhibit A Pill, IS I I I LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement "), made and entered into this a 7�day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 8s Street with offices at 2001 S.E. 10° Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee "). WITNESSETH WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal -Mart Store #5391, located at 5420 Cormorant Avenue, Naples, FL ('Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #5391 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use') on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10 %) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days I(11s`-1 I 1 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #5391, located at 5420 Cormorant Avenue, Naples FL, for a walk- through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 2 16 I,.; 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: S ' F ' d 7 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCY,,Clerk - BY: 4-C66 J OL atrman BY: = i�� Depu erk � S�i jrlt{v:aC�tlr:'i :r AS TO LICENSOR: DATED: WAL -MART STORES, INC. Approved as to form and Regal sufficiency: By: Il %41 ThC. Palmer, Assistant County Attorney 16, 1 Exhibit A ii 'ui m irmrrf .[[T 11 Jl:nirTll,,, P, Iff all N lei, ;,,c a Ill al 11H, DID .11H011 111J-1LC11'j1 J-ULLUiJ.Lj-01JL UIJ 21 7 7T--- ------ - -17 0 LICENSE AGREEMENT T� THIS LICENSE AGREEMENT ( "Agreement'), made and entered into this day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 8t° Street with offices at 2001 S.E. ]0`h Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee "). WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal -Mart Store #1119, located at 3451 TAMIAMI TRAIL E, Naples FL ('Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #1119 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use ") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor, In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10 %) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days l6­1 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #1119, located at 3451 TAMIAMI TRAIL E, Naples FL, for a walk- through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 2 16 tti,1 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: S' V. 67 ATTEST:, , DWIGHT E. BROCK Clerk BY: Depu lerk Atte t as is CMIratan s signature onlo AS TO LICENSOR: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR A BY: JA OLETTA, Chairman WAL -MART STORES, INC. Approved as to form and legal sufficiency: By:— ( dvv_�- ThTC. Palmer, Assistant County Attorney 3 Item # � (O(0 FL agenda $ �� Uate Date 5 Recd D _ Y _H. i Y 3' �r�• C 16 F 1 . Oft A N q , " " 1 Pom pras -------------- lit , } I I I I I I I � I} I I I� �T� � � r.r � iv'• n 1 --- ��; � Y i P ( I J YYi u �w cra..v, nCFMdd3 3M1n3 _ _ ��!, 16FI LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement "), made and entered into thiss � of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 81° Street with offices at 2001 S.E. 10" Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee "). WITNESSETH WHEREAS, Licensor is the owner of /holds a leasehold interest in that property known as Wal -Mart Store #5055, located at 9885 Collier Boulevard, Naples, FL ( "Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #5055 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: 1. The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use ") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10 %) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days 16 17 1 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #5055, located at 9885 Collier Boulevard, Naples FL, for a walk - through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 2 16r1 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: dJ - 7. 4 ATTEST: DWIGHT E. BRQ.C,K, Clerk BY: �1! Dep y lerk s AS TO LICENSOR: DATED: :•• • OF • UNTY COMMISSIO COLLIER COUNTY, FLORIDA BY: 4��l l.r.e• — m - WAL -MART STORES, INC. Approved as to form and le al sufficiency: By:�� L1�1L1 �p(,,��' Thomas C. Palmer, Assistant County Attorney 519 API L 1bF Exhibit A w _I i!r_— c � LIYW qVM � •s I �R� /li' bInYYY� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ''' 3 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE print on pink paper. Amach to original document Original documents should be hand delivered n* the Board Office. The completed routing slip and original documents etc to be forwarded to the Boats Office only jiter the hoard has taken action nn the item ) ROUTING SLIP Complete muting lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines # 1 through #4, complete the checklist. and forward to Sue Filson (line #s) . Route to Addressee(s) List in muting order) Office Initials Date 1. ioe (Initial) Applic able Agenda Date Item was 2. C' i Agenda Item Number / 1L F 3. by the Office of the County Attomey. This includes signature pages from ordinances, 4. Fy, 51.; rot^ Number of Original ' 5. Sue Filson, Executive Manager Board of County Commissioners t.. contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chaimran's signature are to he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number tll -I ' Contact ioe (Initial) Applic able Agenda Date Item was �51 C' i Agenda Item Number / 1L F Approved b the BCC by the Office of the County Attomey. This includes signature pages from ordinances, Type of Document Fy, 51.; rot^ Number of Original ' Attached f n i S Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Fortes/ County Fortes/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 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 Attomey. 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 and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the L J'? C document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's „ C signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on `-, `a I c' ? (enter date) and all changes made during the meeting have been incorporated in the attached document. The `A County Attorney's Office has reviewed the changes, if applicable. 1: Fortes/ County Fortes/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and Catholic Charities of Collier County of Collier County 6 3 OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and Catholic Charities of Collier County of Collier County. CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its Emergency Management Department, provides coordination of emergency services within Collier County. Collier County also coordinates the administration of relief activities of both public and private relief /disaster organizations that agree to volunteer their services under direction or guidance of Collier County authorities. Collier County may also utilize personnel and facilities of relief/disaster assistance of organizations, Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other items for temporary relief activities. The purpose of the Memorandum of Understanding is to set forth, define, and establish mutual agreements, understandings, guidelines, and obligations between Collier County and Catholic Charities of Collier County of Collier County to coordinate relief efforts at the time of a disaster. GROWTH MANAGEMENT: There is no Growth Impact with this Executive Summary. FISCAL IMPACT: There is no Fiscal Impact. RECOMMENDATIONS: That the Board approves the MOU's between the Collier County Board of County Commissioners, through its Emergency Management Department and Catholic Charities of Collier County which has volunteered to partner with Emergency Management during both a Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager, Emergency Management Department 16F3 Memorandum of Understanding Between Collier County Board of Commissioners And Catholic Charities of Collier County I: purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define and establish mutual agreements, understandings, and obligations by and between the Collier _ County Board of County Commissioners, through its Emergency Management Department, and Catholic Charities of Collier County. II: Statement of Basic Responsibilities: A. Collier County Board of County Commissioners, through its Emergency Management Department, provides coordination of emergency services with Collier County, including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering assistance. Under Chapter 252. Florida Statutes, the Board of County Commissioners, through its Emergency Management Department, also coordinates the administration of relief activitiQ gf bQth. public, A96L private relief or disaster assistance organizations which agree to volunteer their services under the direction or guidance of Collier County authorities. In addition, Collier County may utilize personnel and facilities of relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines or other items and temporary sheltering as part of the restoration, rehabilitation or reconstruction of community services and essential facilities whenever Collier County authorities deem it necessary. B Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Catholic Charities of Collier County wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. III: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Catholic Charities of Collier County at a time of major disaster and during the post- disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Catholic Charities of Collier County works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing etTort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Responsibilities: 1 A. Collier County Emergency Management Department agrees to the following: I Notify Catholic Charities of Collier County of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Catholic Charities of Collier County and 3. Assist in the development plans for Catholic Charities of Collier County. and 4. Schedule periodic meetings and /or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Catholic Charities of Collier County for disaster relief and recovery projects; and 6. Whenever members of Catholic Charities of Collier County are rendering aid to Collier County Government under this Agreement, they shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties for Collier County, and Collier County shall be liable for their acts and actions as if they were performing their duties for Collier County; and 7. Collier County shall be liable for any loss or damages to any facility or equipment utilized pursuant to this Agreement and shall pay any expenses in the repair thereof; and 8. Collier County agrees to be responsible, to the extent provided under Florida Statues 768 28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign immunity limits. B. Catholic Charities of Collier County agrees to: l . Provide facilities and /or staff to Collier County at no charge during the disaster recovery period; and 2. Provide a 24 hour contact person and alternates, and 3. Provide a representative to attend periodic meetings of the Collier Emergency Response Volunteer (CERV) Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update of facility and manpower capabilities at least annually prior to June of each year. C. Both of the above named parties agreed to the following: L No modifications or changes will be made to the facility /property by the Collier County Representative without the express written approval of the owner /operator. 2. Prior to occupancy, representatives of both parties will inspect the facility /property and will note any discrepancies on the inspection form, and/or this agreement. 3. Prior to occupancy, representatives of both parties will again inspect the facility /property to note any discrepancies on the release form. Normal wear and tear is considered to the responsibility of the organization/owner /operator. 16F3 4. The facility /property will be returned to the organization /owner /operator in the same condition as it was when occupied /acquired. 5, Other provisions as follow: _._none __ __ —_ V. Effective Date,,- Automatic Renewal and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and Catholic Charities of Collier County will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. The provisions of the Agreement will be effective from the date approved by the Board of County Commissioners for a period of three (3) years. At the end of the three year (3) period, this Agreement will automatically renew for an additional term of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year renewal period, this Agreement will renew for an additional term of one (1) year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be automatically renewed two times. Both parties have the authority to amend provisions of this Memorandum of Understanding upon mutual consent and by written instrument executed by the Parties. vi. Termination: Either party may terminate this Agreement by providing the other party with notice of its intent to terminate with 30 days written notice. The Agreement may be immediately and automatically terminated by the County without providing such notice, should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. A� £?1rf AS TO CO[Y- Attest: DWIGHT`$. 14 b6rk, Gler By: / Deputy Itfier t est o •s4 gtVa � on 1 WITNES Print Narh'e: U Print Name: STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLQRJDA, By. 5140'1 ! Tin man bGAVJ Catholic Charities of Collier County By: o The foregoing instrument was acknowledged before me this S�day of 2007, by asac. %rof _ a •,r a _ m She is[ j pe onally know tome, or licen [ j has produced driver's se no. __ as identification. 3 (SEAL) Approved as to form and legal sufficiency: Jennifer A. Belpedi Assistant County Att ey NOTARY PUBLIC Name: (Type or Print) My C mission Expires: y',� „' ' MYCICNM88�2218 �a,.11; EXPIRES: SePwi*252010 'flrh Thm Narywwun*" 16F4 MEMORANDUM Date: July 17, 2007 To: Lynn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Agreement: Distance Learning Software for EMS Contractor: HealthStream, Inc. Enclosed are three(3) original contracts, as referenced above (Agenda Item #16F4) approved by the Board of County Commissioners on Tuesday, May 8, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774 -8406. Thank you, Enclosures (3) ITEM NO.: FILE NO ROUTED TO: 0 7� DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 9, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 xr Re: Agreement: "Distance Learning Software for EMS" Contractor: HealthStream, Inc. BACKGROUND OF REQUEST: Ii F PATI�!'f RECEIVED: This Contract was approved by the BCC on May 8, 2007; Agenda Item 16.F.4. 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. G� �t (o -0i C: Artie Bay, EMS MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: July 9, 2007 D4T£ RECEIVED RIB UG zaol RE: Review of Insurance for Contract: "Distance Learning Software for EMS" Contractor: HealthStream, Inc. This Contract was approved by the BCC on May 8, 2007; Agenda Item 16.F.4. Please review the Insurance Certificates for the above - referenced contract. (Please see attached e- mail.) If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. Lm7 dod /LW C: Artie Bay, EMS Page 1 of I 16F � DeLeonDiana From: Hobbs, Karen [karen.hobbs @healthstream.com] Sent: Tuesday, July 03, 2007 2:19 PM To: DeLeonDiana Subject: HealthStream Certificate of Insurance Attachments: Insurance Certificate 2007.pdf Diana, My apologies for taking so long to get this to you after we spoke this morning. I am still trying to get in touch with Sabrina Henley to find out if she has gotten the signature pages back from Art Newman. She could be out this week because of the holiday, but I have left her a voicemail. I have attached the certificate that was given to us by the insurance company. As I stated in our conversation this morning, our company does not list additional insureds on our policies. We were able to work this out with Collier County last year and hope to resolve it this year as well. I will let you know something regarding the signature pages as soon as I hear from Sabrina. Please let me know if you need anything additional. Thank you, A/R and Collections Administrator HealthStream, Inc. (615) 301 -3278 karen. hobo sP_healthstream, com 7/3/2007 16F 4 Services and License Agreement THIS SERVICES AND LICENSE AGREEMENT (the "Agreement ") made this K! day of 2007, between HEALTHSTREAM, INC., a Tennessee corporation having its principal offil ce t 209 10 Ave. South, Suite 450, Nashville, Tennessee, 37203 ( "HealthStream ") and _ Collier County EMS 2705 S Horseshoe Naples Florida 34104 -6146 CIO Capt Noemi Diaz ( "Client ") HealthStream, by its acceptance agrees to provide to Client HealthStream s Healthcare Learning Center TM based on the Terms and Conditions attached hereto. Please return to fax # 615 - 256 -6075. Agreement Amount: Student Administrator and Support Fees Number of Students 700 Fee $ 52 00 per Student /year )unlimited use plan) Administration Training Fee - $ 0 Term of Agreement - 2 Year(s) from the Launch Date. Renewal Period - 4/26/2007-4/2612009 Balance Due Upon Execution - $ 36,400 IPO Acceptable) Total Amount of Agreement - $_ 72 800.00 Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments, understands its terms and contents and that it constitutes the entire agreement, understanding and representation, express or implied, between Client and HealthStream with respect to the HealthStream Courseware and Services (as defined herein) to be furnished herein and that this Agreement supersedes all prior communications between the parties including all oral or written proposals. This Agreement may be modified or amended only by a written instrument signed by duly authorized representatives of Client and HealthStream. IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and represents that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been duly executed by and constitutes a valid and binding Agreement of that party. All signed copies of this Agreement shall be deemed originals. ^ Client Board of County Commissioners Co . .. BY Ap m & legal Buff BY: A sistan rtty Attorney ATTEST: Dwight E Brock, Clerk of Courts By l Dated:Y AtWt 4% to Clta an s sign tre 061 04 VKLc. LL� , EVP � TTyp e/ rint witness nameT �trenv��trnv co Wignature Se tness TType /pr witness name r _ 11 9 Item # Aganda Dale J Late ep Clerk TERMS AND CONDITIONS 1. Definitions. As used in this Agreement, the following terms shall have the meanings assigned below: 1.1. "Confidential Information' shall mean the Personal Information as defined herein, financial and tax information, the object and source codes and documentation for proprietary software, and such other information that is confidential or proprietary business information and delivered or disclosed pursuant to this Agreement. 1.2. "Emergency Medical Services ( "EMS ") Courses' shall mean the courses in HealthStream's proprietary library of online continuing education for EMS professionals, listed on Exhibit B attached hereto, that are a subset of the HealthStream Courseware and as well as any future module developed and selected by HealthStream to be included during the term of this Agreement. The EMS Courses have been approved for EMS continuing education by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS). 1.3. "Gateways" shall mean the online Web sites enabled by HealthStream Web -based applications that allow Students to access the Services offered pursuant to the terms of this Agreement. Gateways are designed to be Client specific in branding and identification pursuant to Section 2 herein. 1.4. "HealthStream Courseware' shall mean those courses subscribed to by Client that are the proprietary property of HealthStream or licensed to HealthStream by a third party and provided to Students through the Gateways pursuant to the terms of this Agreement or any amendments hereto. 1.5. "Launch Date" shall mean the date on which the Gateway is operational, Client's system administrator has logon capabilities to access the Healthcare Learning CenterTm and Client's database of Students have been loaded into the Healthcare Learning Center's database. In no event, however shall the Launch Date be later than the date set forth on the first page of this Agreement. 1.6. "Personal Information' shall mean information submitted by Students for personal identification. Such Personal Information may include the name, social security number and contact information for Students. 1.7. 'Services" shall mean the Healthcare Learning Center7m which includes Student Services, Administrator Services, Support Services, Training and Implementation Services, Gateway Initialization Services, and all updates and upgrades to those Services developed by HealthStream in its sole discretion in the normal course of its business, together with all and other services as provided by HealthStream to Client pursuant to the terms of this Agreement. 1.8. "Students' shall mean authorized users of the Services that may require user registration and authentication in compliance with terms of the Services. 1.9. "User Data' shall mean the Personal Information and other data submitted and generated by Students under this Agreement. User Data shall also include the educational transcript of Students relating to the Services. 2. Services. For the fees specified in Article 3 herein, HealthStream shall perform the Services for Client and its Students based upon the terms of this Agreement, and as defined in Exhibits A, B and C attached hereto and made a part hereof by reference. 2.1. Student Services. HealthStream hereby agrees to maintain, at its cost, Gateways on the World Wide Web so that Services and License Agreement (Rev. 8/02) 16 Students may through the use of a password on the Gateway (1) register on the Gateway; (2) search, select, enroll in and take Healthstream Courseware; (3) take HealthStream Courseware exams and have exams graded and scored; and (4) access own User Data. 2.2. Administrator Services. HealthStream will provide access to management services that allow specified Client personnel to identify Students and assign HealthStream Courseware and Client Courseware to Students. HealthStream will provide access to services that allow specified Client personnel to access reports that document the completion of HealthStream Courseware and Client Courseware by Students. 2.3. Support Services. HealthStream shall provide to Client access to HealthStream's support personnel via e-mail and telephone to obtain answers to questions regarding the routine provision of Student Services and Administrator Services. Support Services shall be available to the Client through one (1) local system administrator for each location utilizing the Services from 8:00 AM to 6.00 PM Central Time, Monday through Friday, except for normal holidays. 2.4. Gateway Initialization Services. HealthStream shall set up each Gateway for operation for Client according to the specifications described in Exhibit A attached hereto (the "Gateway Initialization Services"). 2.5. Implementation and Training Services. HealthStream will conduct initial administrator training and perform implementation as set forth on Exhibit C attached hereto. 3. Service Placement and Fees. 3.1. Service and License Fees. The fee for Student, Administrator and Support Services shall be the fee shown on the first page of this Agreement. This fee is subject to change if the number of Students exceeds the number on the first page of this Agreement or HealthStream Courseware is subscribed to in addition to the EMS Courses. The fee shall be due upon execution of this Agreement. Client shall pay HealthStream the fees set forth on Exhibit C attached hereto for Administration Training. 3.2. Payment. The fees for Student, Administrator and Support Services are due and payable within thirty (30) days after execution of this Agreement in accordance with the "Florida Prompt Payment Act." Fees remaining unpaid after thirty (30) days from execution of this Agreement will be subject to a late fee of 1.5% per month. 4. Intellectual Property. 4.1. Prohibited Use of HealthStream Courseware. The portion of the HealthStream Courseware subscribed to by Client may be accessed by Client and any Student, but only for the purposes described herein. The HealthStream Courseware is protected in the U.S. and internationally by a variety of laws, including without limitation, copyright laws, trademark laws and other proprietary rights laws. Client and Students are granted permission to access HealthStream Courseware from HealthStream, but only for purposes of viewing, browsing or ordering products and services from HealthStream. HealthStream is not granting Client or any Student permission to use the HealthStream Courseware other than as expressly stated in this Agreement. Except as stated herein and in Section 5 hereof, none of the HealthStream Courseware may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted, in any form or by any means, including without limitation, electronic, mechanical, photocopying, or recording, without the prior written permission of HealthStream. HealthStream or its licensors retain all right, title and interest to the HealthStream Courseware. IM 4.2. Trademarks. The trademarks, service marks, and logos (collectively, the "Trademarks ") used and displayed on the HealthStream Courseware are registered and unregistered trademarks of HealthStream, its licensors, Client, and others. Nothing in this Agreement, the Gateway or on any HealthStream Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Gateway or on any HealthStream Web site, without the express written permission of the Trademark owner. Client and HealthStream will refrain from issuing each others name or logo as a link to any network site unless establishment of such a link is approved in advance and in writing by the owner of the name or logo. 5. Client and Student Conduct. Client and Students may access the portion of the HealthStream Courseware located on the Gateways for non - commercial use, provided that Client retains all copyright, trademark and other proprietary notices contained in such HealthStream Courseware in all printed and other copies. Client and Students may not de- compile, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Gateways or the Authoring Studio. In no event may Client or any Student, directly or indirectly, sell or offer for sale any portion of the HealthStream Courseware located on the Gateways or upload, distribute, or otherwise publish any portion of the HealthStream Courseware in any other form or medium. Neither Client nor any Student shall knowingly upload to, or distribute or otherwise publish through the Gateways any content that violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets, and other proprietary rights. 6. Warranties and Representations. Client warrants and represents that Client shall not allow any other entity or third party to purchase, license or sublicense the Services; Client shall be responsible for any and all taxes, if any, other than HealthStream income tax, applicable to or in connection with the services rendered by HealthStream pursuant to the terms of this Agreement; and the content submitted to HealthStream for the Gateway Initialization Services shall not knowingly infringe any patents, copyrights, trade secrets, or other proprietary rights of any third parties, and Client will have no reason to believe that any such infringement or claims thereof could be made by third parties. 7. Disclaimer of Warranties and Limitation of Liability THE WARRANTIES CONTAINED HEREIN REPRESENT THE ENTIRE WARRANTY OF HEALTHSTREAM WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE GATEWAYS AND THE SERVICES AND ALL OTHER OBLIGATIONS PROVIDED BY HEALTHSTREAM PURSUANT TO THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS -IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY, OR THEIR PARENT COMPANIES AND AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, Services and License Agreement (Rev. 8/02) 16F 4 PUNITIVE, OR OTHER DAMAGES RESULTING FROM USE OF THE GATEWAYS, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO CLIENT FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ITS WARRANTY PROVISIONS) EXCEED THE AMOUNTS PAID BY CLIENT TO HEALTHSTREAM UNDER THIS AGREEMENT. The amount of damages for which the Client maybe liable shall be limited as provided by sovereign immunity under Florida law. 8. Indemnity Subject to the limitations of Florida law, both parties shall defend, indemnify and hold the other party, its officers, directors, employees, consultants and agents harmless from any loss, liability, damage, cost, or expense (including reasonable counsel fees and litigation costs), arising out of any claims or suits that may be made or brought by reason of the breach or alleged breach of the warranties or representations contained herein, or by reason of any infringement or alleged infringement of any patent, trademark, copyright or trade secret right resulting from the Services or Gateways. 9. Tenn and Termination. 9.1 Term, This Agreement shall be in effect for the duration shown on the first page of this Agreement. 9.2 Termination or Cancellation. This Agreement may be terminated or canceled upon the occurrence of one or more of the following events: by either party if the other party seeks protection under the bankruptcy laws (other than as a creditor) or any assignment is made for the benefit of creditors or a trustee is appointed for all or any portion of such party's assets; by either party in the event that the other party hereto has materially breached this Agreement; provided, however, that no such termination shall be effective unless (i) the terminating party provides the written notice ( "Termination Notice ") via overnight courier to the other party setting forth the facts and circumstances constituting the breach, and (ii) the party alleged to be in default does not cure such default within ten (10) business days following receipt of the Termination Notice. In the event that the nature of the default specified in the Termination Notice cannot be reasonably cured within ten (10) business days following receipt of the Termination Notice, a party shall not be deemed to be in default if such party shall, within such ten (10) day period, present a schedule to cure the default, commences curing such default and thereafter diligently executes the same to completion within ninety (90) days. If the breach specified in the Termination Notice is timely cured or cure is commenced and diligently pursued, as provided above, the Termination Notice shall be deemed rescinded and this Agreement shall continue in full force and effect. Notwithstanding the foregoing, all Termination Notices for non - payment must be cured within thirty (30) days of receipt. In the event the default specified in the Termination Notice cannot be reasonably cured at all, a party shall be deemed to be in default. 9.3 Post Termination Obligations. In the event of termination of this Agreement by HealthStream due to a default by Client, all fees previously due or owing by Client and Students as of the date of termination will be immediately due and payable in full. In the event of termination of this Agreement by Client due to a default by HealthStream, HealthStream shall reimburse Client for any amounts paid by Client or Students for Services not provided prior to termination. This is in addition to any other remedies available to the parties at law. HealthStream shall provide all User Data to 16F Client electronically in a text file format within thirty (30) days of by an authorized representative of each party hereto. No failure or termination of this Agreement for any reason. delay by any party in exercising any right, power, or remedy will operate as a waiver of any such right, power, or remedy. In the event that the County terminates this Agreement, Healthstream's recovery against the Client shall be limited to that portion of the Agreement Amount earned through the date of termination. Healthstream shall not be entitled to any other or further recovery against the Client, including, but not limited to, any damages or any anticipated profit on portions of the services not performed 10. Non - disclosure 10.1 Except as otherwise provided in this Agreement, both parties expressly undertake to retain in confidence all Confidential Information, and will make no use of such information except under the terms and during the existence of this Agreement. HealthStream may disclose Confidential Information as required by governmental or judicial order, provided HealthStream gives Client prompt notice of such order and complies with any confidentiality or protective order (or equivalent) imposed on such disclosure. 101 In the regular course of performing the Services, HealthStream may distribute certain User Data to licensing organizations for the benefit of Students. The release of such information is consistent with the current practice used by Students themselves when reporting educational activity for credit toward professional licensure. HealthStream will release only the minimum information required by these organizations to adequately credit Students for educational activities completed. 10.3 Client grants HealthStream an unrestricted, royalty -free, irrevocable license to maintain and distribute aggregated compilations of User Data ( "Aggregated Data') such that Personal Information and the identity of Client is not included. Aggregated Data will be used for measurement of performance norms for all HealthStream clients and will likewise include performance information generated by other HealthStream clients. The process of collecting and generating Aggregated Data assists HealthStream clients to maximize the effectiveness of the Services for their employees. HealthStream will adhere to all Department of Health and Human Services or United States governmental regulations regarding privacy of User Data. The right to maintain and distribute Aggregated Data shall survive this Agreement. HealthStream will provide Client with Aggregated Data upon request. 11. Miscellaneous 11.1. Attorneys' Fees. In the event of breach by either party of any provision contained in this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in enforcement of the provisions of this Agreement against the defaulting or breaching party. 11.1 Headings. Captions and headings to sections are included solely for convenience and are not intended to affect the interpretation of any provision of this Agreement. 11.2. Amendments in Writing. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to this Agreement and is executed Services and License Agreement (Rev. 8/02) 11.3. Third Party Rights. Except for Students, this Agreement is not intended and shall not be construed to create any rights for any third party. 11.4. Force Maieure. Neither party shall be liable nor deemed to be in default of its obligations hereunder for any delay or failure in performance under this Agreement or other interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, any acts of war or civil unrest including, but not limited to, terrorist attacks, accidents, natural disasters or catastrophes, or strikes. 11.5. Independent Contractors. Each party to this Agreement is an independent contractor and this Agreement shall not be construed as creating a joint venture, partnership, agency or employment relationship between the parties hereto nor shall either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. 11.6. Entire Agreement Severability. This Agreement, together with the schedules and other attachments referenced herein, contains a full and complete expression of the rights and obligations of the parties hereto. If any provision of this Agreement conflicts with any schedule or attachment to this Agreement, this Agreement shall control with respect to the subject matter of such attachment. This Agreement supersedes any and all other previous Agreements, written or oral, made by the parties concerning the subject matter hereof. If any provision of this Agreement is finally held by a court or arbitration panel of competent jurisdiction to be unlawful, the remaining provisions of this Agreement shall remain in full force and effect to the extent that the parties' intent can be lawfully enforced. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any Client purchase order will be subject to the terms of this Agreement and that any acceptance of a purchase order by HealthStream will be for acknowledgment purposes only and none of the terms set forth in the purchase order will be binding upon HealthStream. 11.7. Publicity. HealthStream may identify Client as its customer and use Client's name in suitable advertising, press releases, and sales presentations as long as contract in force. Otherwise, HealthStream and Client will not use the name, service marks, trademarks, or trade secrets of the other party or any of its affiliates for any purpose without the other party's written consent. 11.8. Assignment Subsidiaries and Successors. It is understood and agreed that the parties are entering into this Agreement not only for their own benefit but also and equally for the direct benefit of their subsidiaries and affiliates, present and future, and that each and every right, benefit, remedy, and warranty accruing to the parties hereunder likewise accrue to the subsidiaries and affiliates of the parties, including but not limited to the right to enforce this Agreement in their respective names. This Agreement shall inure to the benefit of and be binding on any respective successors and permitted assigns of the parties. 11.9. Survival. In the event of termination of this Agreement, Articles 4, 5, 6, 7, 8, 10 and 11 shall continue in effect in accordance with their terms. 16F 4 Exhibit A Gateway Initialization Services HealthStream's Gateway Initialization Services will consist of the following processes required to make each Gateway operational. The processes below are not chronologically organized; selected processes below may be managed concurrently. Additional processes may be required to ensure each Gateway is made operational rapidly and efficiently. 1. User Import— HealthStream will import Client Personal Information into the e- Learning Service database so that each Student is recognized by the Gateway. Requirements from Client to complete User Import. — Provide Personal Information for each Student (per separate specification). — Approve integrity of Personal Information imported into the database. 2. Administrative Orientation — HealthStream will provide an overview of Healthcare Learning Center TM operation and administrative procedures to select Client personnel. Requirements from Client to complete Administrative Orientation: — Ensure key Client personnel attend HealthStream's training and implementation sessions as described in Section 2.5 herein. EXHIBIT B EMERGENCY MEDICAL SERVICES CONTENT Course Titles[To is CE Hours EMS - 12 -Lead ECG and Fibrinol is Screening for AMI 1.50 EMS - Abdominal and Genital Trauma 1.00 EMS - Advanced Airway Management 1.00 EMS - Advanced Assessment and Management of the Shock Patient 1.00 EMS - Advanced Cardiac Assessment 1.00 EMS - Advanced Cardiac Pharmacology 1.25 EMS - Advanced Management of Environmental Emergencies 1.50 EMS - Assessment and Care During the First Four Weeks of Life 1.50 EMS - Assessment and Management of the Geriatric Patient 1.50 EMS - Assessment and Management of the Pediatric Patient 1.50 EMS - Basic Airway Management 1.00 EMS - Basic Assessment & Management of the Patient with Pulmonary Issues 1.00 EMS - Basic Cardiac Assessment 1.00 EMS - Basic Patient Assessment 1.00 EMS - Brain Attack: New and Emerging Therapies 1.50 EMS - Burn Trauma: From the Field to the Hospital 1.50 EMS - Children with Special Health Care Needs 1.25 EMS - Infections of the Respiratory System 2.00 EMS - Lightning Strikes 1.00 EMS - Managing Multiple Patients in a Mass Casualty Event 1.00 EMS - Managing Stress in a Stressful Occupation 1.00 EMS - Managing Thoracic Trauma 1.00 EMS - Medical Causes of Altered Mental Status 1.00 EMS - Medical Conditions Involving the Endocrine System 1.00 EMS - Medication Toxicity 1.25 EMS - Pharmacology for the EMT -Basic 1.00 EMS - Pharmacology Update for the Paramedic 1.00 EMS - Prehos ital Management of Non - Traumatic Shock 2.00 EMS - Safe Management of the Behavioral Emergencies Patient 1.00 EMS - The EMS Response to Toxic Exposures 1.00 EMS - The Traumatic Effects of Mechanism of Injury 1.25 EMS - Therapeutic Communications 1.00 EMS - Traumatic Brain lNury 1.00 EMS Response to Domestic Violence 1.00 EMS Response to Terrorism HazMat 5.50 Medical Legal Aspects of EMS 1.00 Airway Management for Children with Special Healthcare Needs 1.00 Prehos ital Implications for HIV /AIDS Management 2.50 Airway Management for Children with Tracheostomies 1.00 IV Therapy 1.00 Current Trends in Management of Spinal Cord Injury 1.00 Prehos ital Care of Pregnancy and Common Complications 1.00 Prehos ital As ects of G nocolo ical Conditions 1.00 Airway Management for Adults with Special Healthcare Needs 1.00 Airway Compromise in Trauma Patients: Pediatric and Adult Considerations 1 .00 16F 4 Exhibit C Implementation Services and Administration Training Clients will be provided assistance with an account manager during the implementation process. Implementation consists of four (4) basic steps: 1. General coordination and overview of Client organization and education requirements; 2. Technical consultation regarding reporting structure and Student database preparation for import; 3. Basic planning for Client roll -out and organizational usage of the Healthcare Learning Center: and 4. Review and acceptance of the Gateway and User Data structure. Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning CenterTM Basic Administration Training. This training covers the basics of using the Healthcare Learning CenterM from the administrator and Student perspective. It does not include training on the Authoring Studio or additional products purchased through the Healthcare Learning Center. Client must pay for their own travel, hotel, and incidental expenses. Client may send additional personnel for $750.00 per person. Additional or refresher training is priced as follows: Nashville $750.00 per person. Client pays own travel, hotel, and incidental expenses. Client Site $2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel, and incidental expenses. Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X_ 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. V F Statutory Limits of Florida Statutes, Chapter 440 & all Federal Government Statutory Limits and Requirements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence X 3. Indemnification: 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 rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 4. Automobile Liability Owned /Non- owned /Hired Automobile Included 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $1,000,000 Each Occurrence _ 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. 16F Collier County Florida Insurance Requirements (Continued) X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. 16F 4 ACORDTN CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 06/25/2007 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# P. O. Box 305191 Nashville, TH 372305191 INSURED NealthStream, Inc. INSURERA:St. Paul Fire & marine Insurance Company 24767 -001 INSURER B: Travelers Indemnity Co. of Amer. 25666 -002 Suite 450 209 10th Avenue South 6/1/2008 EACH OCCURRENCE Nashville, TN 37203 INSURERC: $ 1, 000,000 INSURERD' X COMMERCIAL GENERAL LIABILITY INSURERE: I 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 LTR V. NSR TYPE OFINSU RANGE I POLICY NUMBER POLICYEFFECTIVE DATE MMIDDM' POLICYEXPIRATION DATE MMIODIYY LIMITS A GENERALLIABILITY TE06804223 6/1/2007 6/1/2008 EACH OCCURRENCE $ 2 ODD 000 O RENTED OAMAGETPREMISES Ea occurence $ 1, 000,000 X COMMERCIAL GENERAL LIABILITY MEDEXP(Anyonepersan) $ 10,000 CLAIMS MADE OOCCUR PERSONAL &ADV INJURY 4 11 000,000 GENERALAGGREGATE $ 2 000,000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2 000.000 X POLICY PRO- LOC A AUTOMOBILE LIABILITY TE06804223 16/1/2007 6/1/2008 COMBINED SINGLE LIMIT $ 11000,000 _ ANYAUTO (Eaa dent_ BODILYINJURV $ ALLOWNEDAUTOS SCHEDULEDAUTOS (Per person) BODILY INJ URY $ HIREOAUTOS NON- OWNEDAUTOS (Peracudenl) PROPERTY DAMAGE $ _ (Peraccident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTOONLY: ASS A EXCESSIUMBRELLALIABIUTY TE06804223 6/1/2007 6/1/2008 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5.000,000 1 OCCUR CLAIMS MADE $ $ DEDUCTIBLE __ $ RETENTION $ B WORKERS COMPENSATION AND HHUB278IL617 6/1/2007 6/1/2008 X I TORYLIMITS OER E.L. EACH ACCIDENT $ 11000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. DISEASE - EA EMPLOYEE $ 1 000 000 OFFICEWMEMBER EXCLUDED? EL. DISEASE - POLICY LIMIT $ 11000,000 If yes, tlesvibeuntler SPECIALPROVISIONSbelow A OTHER TE06804223 6/l/2007 6 1 2008 $12,360,000 Blkt EPP, EDP Commercial Property Improvements and Betterments Loc. 1, 2, 3 & 4 $ 1,000,000 Blanket Business Income Extra Ez enee DESCRIPTION OF OPERATIONSILOCATIONSN HICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) Coll:2024112 Tpl:64491G Cert:9 86966 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Evidence of Coverage REPRESENTATIVES. AUTHORIZE REPRESENTATIVE ACORD 25 (2001/08) Coll:2024112 Tpl:64491G Cert:9 86966 ©ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT 1(F 4 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. 25-(2001/081 Co11:2024112 Tp1 :644916 Cert:9086966 16H 6 PROCLAMATION WHEREAS, lupus is an autoimmune disease that can cause severe damage to the tissue and organs in the body and in some cases, death, and WHEREAS, more than five million people worldwide suffer the devastating effects of this disease and each year over a hundred thousand young women, men and children are newly diagnosed with lupus, the great majority of whom are women of childbearing age; and WHEREAS, medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are under - funded in comparison with diseases of comparable magnitude and severity; and WHEREAS, many physicians worldwide are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment; and WHEREAS, there is a deep, unmet need worldwide to educate and support individuals and families affected by lupus; and WHEREAS, there is an urgent need to increase awareness in communities worldwide of the debilitating impact of lupus. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 10th, 2007, be designated as WORLD LUPUS DAY on which lupus organizations around the globe call for increases in public and private sector funding for medical research on lupus, targeted education programs for health professionals, patients, and the public, and worldwide recognition of lupus as a significant health issue. DONE AND ORDERED THIS 8th Day of May, 2017. 61 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 8, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: vi-,' Heritage Greens Community Development District: Resolution 2006- 5 Designating Registered Agent and Office; Minutes of November 6, 2006; Agenda of November 6, 2006. Verona Walk Community Development District: Proposed Budget for FY 2007/2008. t�kl Port of the Islands Community Improvement District: Minutes of March 9, 2007; Agenda of March 9, 2007; Consent to Use Easement Area. V� Naples Heritage Community Development District: Minutes of January 8, 2007; Agenda of January 8, 2007. B. Minutes: Collier County Planning Commission: Agenda of May 3, 2007; Minutes of March 15, 2007; Minutes of March 22, 2007; Minutes of March 29, 2007; Agenda of April 5, 2007; Minutes of January 18, 2007; Minutes of February 1, 2007 Regular Session; Minutes of February 1, 2007 Special Session; Minutes of February 15, 2007. Bayshore /Gateway Triangle Community Redevelopment Advisory Board: Agenda of February 6, 2007; Minutes of February 6, 2007; Agenda of February 6, 2007 Workshop; Minutes of February 6, 2007 Workshop. �. Environmental Advisory Council: Agenda of April 4, 2007; Minutes of March 7, 2007. HA\DATATRONT DESK - 2007\2007 Miscellaneous Correspondence \050807_misc_corr.doc Collier County Library Advisory Board: Agenda of March 21, 2007; Minutes of February 28, 2007. ve Immokalee Beautification M.S.T.U. Advisory Committee: Agenda of March 28, 2007. y6� Collier County Hispanic Affairs Advisory Board: Agenda of February 22, 2007 (Meeting Cancelled Due to Lack of Quorum; Minutes of January 25, 2007; Agenda of January 25, 2007. Q� Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of April 5, 2007; Minutes of March 1, 2007; Minutes of March 22, 2007 Special Meeting. Golden Gate Community Center Advisory Committee: Agenda of March 5, 2007; Minutes of March 5, 2007. Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda of April 19, 2007; Minutes of March 15, 2007. Immokalee Master Plan and Visioning Committee & Community Redevelopment Agency Advisory Board /Enterprise Zone Development Agency: 9. Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee: Agenda of February 21, 2007; Minutes of February 21, 2007. „b. Enterprise Zone Development Agency: Agenda of February 21, 2007; Minutes of February 21, 2007. 10. Immokalee Local Redevelopment Advisory Board: Agenda of February 21, 2007; Minutes of February 21, 2007. ,Y% Conservation Collier Land Acquisition Advisory Committee: Agenda of April 9, 2007. Collier County Citizen's Corps Advisory Committee: Minutes of March 21, 2007; Agenda of March 21, 2007. HADATATRONT DESK - 2007 \2007 Miscellaneous Correspondence \050807_misc_corr.doc Pelican Bay Services Division Board: Agenda of April 4, 2007; Minutes of February 26, 2007; Minutes of March 7, 2007. /a. Budget Committee: Minutes of February 21, 2007. 1 Emergency Medical Services Advisory Council: Minutes of March 28, VVVV 2007. V, ' Isles of Capri Fire /Rescue Advisory Board: Minutes of March 28, 2007. Y Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee: y Minutes of March 22, 2007 Special Meeting; Agenda of April 11, 2007; Minutes of March 14, 2007. 1 ' Golden Gate M.S.T.U. Advisory Committee: Agenda of April 10, 2007; Minutes of March 13, 2007. 4. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of April 17, 2007; Minutes of March 20, 2007. V9. Collier County Public Vehicle Advisory Committee: Agenda of April 2, 2007. HA\DATATRONT DESK - 2007\2007 Miscellaneous Correspondence \050807_misc_corr.doc ;e Greens C Drive, Suite 800, Coral Via Federal Express April 17, 2007 Clerk of Circuit Court Mr. Dwight E. Brock 20"' Judicial Circuit 3301 E. Tamiami Trail Building L, 51h Floor Naples, FL. 34112 Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL. 32399 -2100 RE: Resolution 2006 -5 Designating Registered Agent To Whom It May Concern: 161. M opment District (954) 753 -5841 • Fax: (954) 796 -0623 In accordance with Section 189.416 of the Florida Statutes, the District is required to designate a Registered Office and a Registered Agent. Enclosed is a certified copy of Resolution 2006 -5, Rescinding Resolution 93 -7 and Designating Kenza van Assenderp, Esquire as the District's Registered Agent and his office as the District's Registered Office. If you have any questions or comments, please feel free to contact me directly at 954- 753 -5841, extension 3061. Sincerely, S"— Sandra H. Demarco District Recording Secretary encl:sd cc: District Files (agency) Calvin Teague Misc. Cones, I Do: 5 6� aK:1�T /A 4G¢i+ Yo: 161 1 A i RESOLUTION 2006 -5 A RESOLUTION RESCINDING RESOLUTION 93 -7 AND DESIGNATING KENZA VAN ASSENDERP ESQUIRE AS THE DISTRICT'S REGISTERED AGENT, AND FURTHER DESIGNATING THE DISTRICT'S REGISTERED OFFICE FOR SERVICE OF PROCESS AS YOUNG, VAN ASSENDERP, P.A. WHEREAS, the Board of Supervisors of the Heritage Greens Community Development District has previously adopted Resolution 93 -7 designating Bruce Anderson as Registered Agent, and further designating the District's Registered Office for Service of Process as 801 Laurel Oak Drive, Suite 300, Naples, Florida WHEREAS, Section 189.416 of the Florida Statutes requires each District to designate a Registered Office and a Registered Agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon the District; and WHEREAS, the Board desires to designate Kenza van Assenderp, Esquire as its Registered Agent and designate his business address which is 225 South Adams Street, Suite 200, Tallahassee, Florida as its Registered Office; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT: Kenza van Assenderp, Esquire whose business address is 225 South Adams Street, Suite 200, Tallahassee, Florida and whose telephone number is 850- 222 -7206 hereby designated as the Registered Agent of the District for the purpose of Section 189.416(1), Florida Statutes and his office as the Registered Office of the District. 2. This Resolution shall take effect immediately. 3. The District Manager shall transmit certified copies of this Resolution to the Clerk of the Collier County Board of County Comrnissioners, and to the State of Florida Department of Community Affairs. Adopted this 10" day of July, 2006. JVVv / Paul Pacchiana Chairman Michrdle Shelt on Secretary 161 1 A CERTIFICATION OF RESOLUTION 2006 -5 I, (2-s.yr K- %r-cXX , Assistant of the Board of Supervisors of the Heritage Greens Community Development District do hereby certify that the attached copy of Resolution 2006 -5, designating Kenza van Assenderp, Esq. as the District's Registered Agent and Designating his office as the Registered Office, adopted by the Board of Supervisors of the Heritage Greens Community Development District at the meeting held on July 10, 2006 is a true and exact copy of said Resolution 2006 -5. Assistant Secretary r -/0- Date J-6 l.d A ► MEMORANDUM buui -.t Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 19, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritaae Greens Community Development District Heritage Greens Community Development District has submitted the following items: a. Minutes of the November 6, 2006 meeting. Thank you \special\special 161 1 -Ai Heritage Greens Community Development District 210 N. University Drive, Suite 800 • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 - Fax: (954) 796 -0623 DATE: April 2, 2007 MEMO TO: Clerk of the Circuit Court Finance Department c/o Derrick Johnssen P.O. Box 413016 Naples, FL 34112 -3016 RE: Minutes of the November 6, 2006 Meeting. From: Sandra H. Demarco District Recording Secretary Enclosed please find for your records a copy of the minutes of the above - referenced meeting of the Board of Supervisors of the Heritage Greens Community Development District, which are to be kept on file for public access during normal business hours. Cc: For information purposes only: James Mudd Collier County Manager Gov. Ctr. Admin. Bldg., 2 "d floor 3301 East Tamiami Trail Naples, FL 34112 Tim Qualls Young, vanAssenderp et al. P.O. Box 1833 Tallahassee, FL 32302 Gran & Company, P.A. 2700 North Military Trail, #350 Boca Raton, FL 33431 DECEIVED IJAR 12 20M FINANCE DEPT. 161 1 A i MINUTES OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held on Monday, November 6, 2006 at 6:00 p.m. at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida. Present and constituting a quorum were: Paul Pacchiana Chairman Curt D. Miller Vice Chairman Michele Shelton Assistant Secretary James Keller Assistant Secretary Teri Costabile Assistant Secretary Also present were: John Petty Manager Tim Qualls Attorney James Carr Engineer Bill Benson Keefe, McCullough & Co. (Via Phone) Janice Larned Severn Trent Services Several Residents FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the September 11, 2006 Meeting Mr. Petty stated each Board member received a copy of the minutes of the September 11, 2006 meeting and requested any corrections, additions or deletions. We have one comment. Ms. Shelton was in attendance, but not via telephone. The record will reflect Ms. Costabile joined the meeting. On MOTION by Mr. Pacchiana seconded by Mr. Miller with all in favor the minutes of the September 11, 2006 meeting were approved as amended. Mr. Petty stated with your permission we will move on to other sections. We are waiting for the auditor to call in. 161 1 Ai November 6, 2006 Heritage Greens C.D.D. Mr. Pacchiana stated sure. FIFTH ORDER OF BUSINESS Manager's Report There being no report, the next item followed. SIXTH ORDER OF BUSINESS Attorney's Report Mr. Qualls stated I have an update on the sidewalk matter. I was instructed by the Board to contact Meritage Homes because it was believed Colonial Homes, the previous builder, went bankrupt and sold their interests to Meritage Homes. I contacted a gentleman at Meritage Homes. He said it was not the case. Colonial Homes was responsible and had not gone completely bankrupt. It sold a portion of their business to Meritage Homes. He gave me the name of an individual who works for Colonial Homes. His name is Mr. Pete Farrier. Mr. Farrier is located in Montgomery, Alabama. I called him and tried to bring him up to speed on the matter. Ile called back and we had several discussions. I told him most of the builders in this development built sidewalks next to their units and it had not been done in the units Colonial Homes built. I told him I needed to tell the Board whether he was amicable to try to work something out. He said if he has any obligations, which have not been taken care of, he wants to make them right. He needs to see documentations showing he is responsible for the sidewalks. Mr. Carr helped me send some items to Mr. Ferrier. We sent him the site improvement plan. He asked for the plan originally submitted to the county. Fie is reviewing those documents. I spoke to him today and he indicated he will make this right if it is Colonial Homes' responsibility. If the Board gives me direction, I will work with the manager and the engineer to gather the proper documentation to show Mr. Ferrier Colonial Homes was the entity responsible for putting the sidewalks in. Mr. Pacchiana asked where is he located? Mr. Qualls responded he is in Montgomery, Alabama. I have a phone number if you would like it. Mr. Pacchiana stated yes. Mr. Qualls stated it is (334) 270 -6824. He is currently working for an insurance company. I have not gathered all the information about what happened to Colonial Homes. "fhe company is Colonial Insurance now. He is looking some things over and we can hopefully get documentation to him showing Colonial Homes is responsible. If not, we will find the builder who is responsible. November 6, 2006 Heri g�Gr1ens C .1.D. Ms. Shelton asked what other documentation do you need to send him if you already sent him site plans? Mr. Qualls responded I looked at one site plan, but it was a map of the development showing sidewalks were not in there. There is nothing such as a contract or other documents saying what builder is responsible for what portion of the sidewalk. I told him the Board wants to get this worked out because the development cannot get approval from the county until these items are done. He is a very nice gentleman and is willing to work this out. Mr. Pacchiana asked what proof do we have that Colonial Homes put in the existing sidewalks? Mr. Petty responded if we end up in a fight over this issue, public records will be pulled by opposing counsel. Discussions of things such as proof and documentation in this open forum may put you at risk. There is a form of this meeting we can take, which puts us in executive session where discussions are not part of the public minutes. I suggest these types of discussions be considered at an executive session. We will have to advertise it as such. We still take minutes, but they are held from public view until the matter is clear. Mr. Qualls stated if this comes to litigation, I have not done my job right. I approached this in a friendly manner and he is being friendly with me. I would like to keep it at this level. Mr. Miller asked did you mention any numbers? Mr. Qualls responded no. He said if it is their responsibility, and he sees it is, he is happy to take care of it. I am going to work with the engineer and the manager to find the link. Mr. Pacchiana stated it sounds good. Do you need a motion? Mr. Petty responded no. Your attorney can take direction. Mr. Pacchiana stated okay. What about the issue with the golf course? Mr. Petty responded let me give you background on these littoral plants. The county requires them and not South Florida. The county requires them to be in these lake structures. There typically is not an ongoing requirement. What has been happening in many developments is the plants go in and are subject to the water table, which can go up or down dramatically. If you take the water down too low, these plants will not survive. If you submerge them too high, they will not survive. Like any landscape material you should have a landscape replacement program for such events. Because it is a requirement of the county with no ongoing criteria, it is typical to have a loss of plant material. It is probably what you have seen here. This is why the 3 November 6, 2006 161 1 A Heritage Greens C.D.D. golf course has responded the way it has where people say the plants were in at one time and now they are gone. Mr. Pacchiana stated I understand that is the case. Mr. Petty stated it may be part of the ongoing issue. If we get the plants in, we need to try to get approval before the next water table fluctuation where you may have a loss again. Mr. Shelton stated I have been telling you this for three months. Here is the property owned by the golf course. Everything in green is owned by the golf course. I have another document where everything in green is owned by the CDD. The plants they are talking about is out where the lakes are. It is golf course property. I do not know why the CDD, the Master Association or anyone has to get involved in this. Our attorney should take this to the county and tell them they want plants around properties, which is not ours. Heritage Greens Golf is not the CDD and it is not the Master Association. The CDD should not have to call the golf course. We should go to the county and tell them they are holding us up because of plants around lakes, which are not ours. Mr. Carr stated there are drainage easements around those lakes, which are 20 feet beyond the waterline. Mr. Shelton stated from doing this I found out something else. The CDD owns a drainage on the east side of this community, which is a ditch. The county wants the ditch cleaned out. When I looked it up I found out it is the CDD, which owns it. It will be another issue for another time. Mr. Keller asked who is to say the original plan looks like what they are calling for now? Mr. Petty responded it is part of the issue. Littoral zone plantings have changed from five to ten years ago. They use to allow you to do it in small strips. They found out it was not practical. They have to do it in pods. This issue of who is responsible for the maintenance of it has come up before. We talked about it with the sidewalks. We talked about it with everything the county is asking us to take care of. We talked about it with the sewer caps, which were too high. The county had already taken on the utilities. Why were they coming to us to have these things adjusted? These are part of the considerations we have been considering as a body. Do we get involved after the fact to try and clear the development so the District can operate with the county on a clear slate? The county is holding the District because we are the only agency answering the phone. The issue before this body is considering doing the county's checklist to 4 November 6, 2006 Heritl6relns CIA I try to do due diligence and to try to get a clean slate in order to move forward. We are having a devil of a time going backwards. Mr. Pacchiana asked did you have correspondence or conversations with people from the county? Mr. Carr responded yes. Mr. Pacchiana asked was the checklist developed a result of your efforts with the county? Mr. Carr responded that is correct. It was bigger than we thought it might be and the checklist has come down, especially the cleanouts. Mr. Pacchiana asked did they specifically say they expected the littoral plantings to be done before they will approve our subdivision? Mr. Carr responded yes. They are part of the excavation permit, which is part of the subdivision. Even though you may not own the property in there, they are covered by drainage easements for the entire community. Mr. Pacchiana stated we have to send the golf course a letter. I know without it, nothing is happening. The golf course does not care. We have a vested interest in having something move forward. The CDD can designate the community to do this task because it is the same people. Mr. Petty stated as long as the CDD has an easement or property ownership we can go in. We have limited areas, but this is an area within the drainage easement of the District. If this has passed through the District's hands, which it has according to the engineer, the ongoing operation and maintenance is not material to this particular item of plant material. It comes back to the approval from the county and a sign off, which evidently was never obtained in the past. Even though we have taken care of the business as best we could, someone did not get a form filled out. We are trying to get the form filled out. We can do this work in there even though the golf course is responsible for maintenance. If they do not respond, we can. Sending them a letter first is reasonable. Mr. Pacchiana asked who should send the letter, the CDD or the Community? Mr. Petty responded the CDD. Mr. Pacchiana stated we should authorize our attorney to contact the golf course and send them a letter. Mr. Petty stated staff can work with counsel to form the letter. Mr. Keller asked do we have a letter from the county so we can attach it? 5 November 6, 2006 161 1A� Heritage Greens C.D.D. Mr. Pacchiana asked was the checklist I saw generated by the county? Mr. Carr responded I generated it based on my discussions with the county. Mr. Keller asked are there minutes from the meeting you had with the county? Mr. Carr responded there is a memorandum from April of 2003. Mr. Pacchiana stated you have to give them some background. Mr. Carr stated I have a memorandum from the meeting. Mr. Keller asked who wrote the specifications? Mr. Carr responded what has to go in is what was approved on the original subdivision plan from 1997 or 1998. Mr. Petty stated as interpreted under today's rules. Mr. Carr stated we can still abide by the original plan. The information from that plan is what I put on the plan sheet the contractors are using. Mr. Petty stated I suggest this is what we send to the golf course. This is detailed. The inspectors do an inspection and tell you what is deficient. "frying to get paperwork out of this department is difficult. Mr. Pacchiana asked are we going to send the drawing to the golf course? Mr. Carr responded it is better to send them the approved plan from 1998. It has the same information, but it shows the original design and what was approved. Mr. Petty stated I suggest the letter we send to the golf course have an open end to it. If they have any questions, we can meet with them. We can set up a conference call to discuss the matter. They may look at this and say they are not sure of what they are supposed to do. We will be glad to talk with them and work on the issue. Mr. Miller asked if we are waiting to get the sign off done, and this is part of everything else needing to be done, how much time are we going to give them to do it? This has been dragging on for so long. We have to wrap this up. Mr. Pacchiana responded the problem is we have not communicated this to them. The record will reflect Mr. Benson joined the meeting. Mr. Qualls stated you want me to draft a letter to be sent by the CDD Board requesting the golf course put in littoral plantings. Mr. Petty stated the request is for them to bring it back in compliance of what the detailed plan shows was installed. 6 161 1 A I November 6, 2006 Heritage Greens C.D.D. Mr. Carr stated we have two different contractors, which have been under contract for two months. We have unit prices for the sidewalks and other improvements including littoral plantings. We are taking a chance the prices will not be held if there are increases. The longer we wait, the more it will cost. Mr. Keller asked have the numbers changed from what you had before? Mr. Carr responded not as of yet. Mr. Miller stated I thought this was supposed to be done a month ago. Mr. Carr stated it seems like at the end of every meeting we are told not to do it yet. Mr. Pacchiana stated at the end of the meeting we said not to do it because we did not want to go after these people to get reimbursed. Mr. Miller stated I thought we were going to do everything, which did not have anything to do with the sidewalks such as the cutoffs and drainage issues. Mr. Pacchiana stated those things I believe we can do. Mr. Miller stated we have to do those things. Mr. Carr stated they can do those portions, but there may be mobilization to do something, go back and come back later. There is no point in doing something and not being able to get your final inspection until everything is done. Mr. Miller stated we have an issue with the drainage on Morning Sun Lane, which has gotten worse. A child almost fell into it. Mr. Carr stated if cost is not an issue, and we want to get someone out here immediately, we can do it. Mr. Pacchiana stated Mr. Miller is saying it is an emergency situation. If someone almost fell into it, we have to fix it even if it cost us more money. Mr. Petty stated the engineer is rightfully informing you that when he brings the contractor in here, he will charge you a hefty fee for coming in for a small job. It is a necessary job, but a small one. If you bring him in to do this, have him go home and then come back in another month to do the mitigation, you will be hit twice. It is a sizeable fee. It is worth considering whether or not you wish to do the mitigation work and talk to the golf course in a remediation manner. Mr. Carr stated the littoral plantings are a different contractor. We can keep those separate with no problem. If it is your wish, I can have this drainage structure and the other piece of sidewalk looked at. 7 November 6, 2006 Heritage Ol s J.D.D. 1 Mr. Miller asked if you are going after this gentleman in Alabama, is it worth our while to put the sidewalks in and comeback or do we hold off everything? Mr. Qualls responded it depends on how difficult it will be because this is 10 years old. We have to track the documents. He is a nice guy, but he is not going to do it out of the kindness of his heart. 1 have to show him something stating he is responsible for the sidewalk. Mr. Miller asked if we put them in and he agrees he is responsible, can we get reimbursed? Mr. Qualls responded I can talk to him about it. Mr. Miller stated if we find out he is not responsible, we still have to do it. Mr. Keller stated this is why I mentioned the dollar amount. Have we mentioned it to him yet? Mr. Qualls responded no sir. Mr. Keller asked will the same people do the sanitary cleanouts and the other sidewalks? Mr. Carr responded yes. Mr. Keller stated whatever we can get done, we should get off the board. Mr. Pacchiana stated if it is an emergency situation, it has to get done. We might have to bite the bullet and pay double for mobilization. Do we know what mobilization will cost us? Mr. Petty stated last year I would have told you it was going to cost you plenty to remobilize, but the market is slow. Mr. Pacchiana stated this can take a while. It was eight or nine years ago. We can be sitting here at the next meeting going over the same things. If he is saying it is a danger and a child almost fell in, it is our obligation to do it. Whatever it is, we have to do it. Ms. Costabile stated we should do the whole thing and then work on getting reimbursed. If we can prove them wrong, we should have recourse to get reimbursed. We can go on for another six months, not get an answer and end up having to do the sidewalks, incurring additional costs. Mr. Petty stated I do not feel you are harming your position by doing the sidewalks first. It is the same as before. If this contractor is obligated to put it in, we are in the same boat as we were before with him. I do no feel we have harmed our side by doing it first since the District has authority to do it. 8 November 6, 2006 -161 1Ai Heritage Greens C.D.D. Mr. Miller MOVED to complete all the punch list items including the sidewalks with the exception of the littoral zone plantings and Ms. Costabile seconded it. Mr. Qualls stated I agree with everything everyone is saying, but I want it to be clear it might make it more difficult to get the money. You lose some bargaining chips, but at the same time you help to mitigate damages. Mr. Miller asked can you give a rough estimate of how much this might hurt us? Mr. Qualls responded no. Mr. Miller stated $15,000 is not a big item in my opinion. Mr. Pacchiana stated I do not think so either. On VOICE vote with all in favor the motion as previously outlined was approved. FOURTH ORDER OF BUSINESS Questions and Comments Regarding Financial Audit for Fiscal Year 2005 Mr. Petty stated at the last meeting you asked about issues you saw in the audit. I believe they had to do with the deficits, which had to do with depreciation. Mr. Benson can explain it. Mr. Benson stated two years ago in the 2004 audit GASB -34 was implemented as in all governmental agencies. The goal of this statement was to take governmental statements, which were difficult to understand, and attempt to put your infrastructure on the books of the company, on the books of the government and then depreciate the infrastructure on a year by year basis. They thought by doing this, they would give readers a more meaningful presentation of the financial statements. I can point out a few areas in the financials where I can show you what the effects were of implementing this pronouncement and then what looks different in 2004 and 2005 versus the first 11 years of the District. I will draw your attention to the first table, which appears on page four of the financial statements. Last year the statement of net assets only included one year because it was the first year this pronouncement was implemented. If you look in the current year, which is 2005, you have a side by side comparison. It shows cash in the bank and it then shows capital assets. In 2004 it was $3,714,710. This year it is $3,597,366. This is the infrastructure you have of the District, which has been put on the books and is being depreciated. If you look at the bottom of the page where it has invested capital assets, net of related debt, you have surplus. You have 9 November 6, 2006 l6, 1V Heritage Greens C.D.D. $3.5 Million worth of infrastructure on the books of the District in this government wide presentation, which did not exist before. If you turn to page five and look at the table, it shows two side by side income statements. It shows the cash revenue coming in. In 2004 you had $68,948 worth of total revenues. In 2005 you have $110,326 in cash revenue. 'rhe next line item, which says physical environment, is the depreciation we are talking about. In 2004 it creates a $163,243 deficit and in 2005 it creates a $112,210 deficit. One might argue it did not cost cash and it was a bookkeeping increase, writing down the infrastructure assets. The flip side of it is the people who wrote the pronouncement said if you add the $142,628 back, the District made $30,000 on a cash in/cash out basis. As a result, the District should try to budget and replenish. Not many governmental agencies are doing this because they do not believe their infrastructure is going to ware out in the 30 year timeline that we are depreciating those physical assets. It is a different presentation than you have seen. Last year was the first time we implemented this statement. It was required. It is not something, which is optional for you to adopt or not adopt. It caused a great deal of concern amongst a great deal of city commissions, town councils and district supervisors because they wanted to make sure they were not going out of business. Mr. Petty stated I will try to give the manager's position on this. Jump in if you hear anything you disagree with. When they put a life span on the infrastructure, it is a reasonable life span to the infrastructure if no further work is done to it. We have a budget where we have renewal and replacement as most governments do. If we have any fixed assets on the books, we try to keep it in as good or better condition as the day we got it. We built these with bonds. We have a good credit rating. Instead of taxing the existing residents for our future benefit on a 30 year scale it is our recommendation the District look at this infrastructure item from the merits of what it was intended, which is due to proper planning for the replacement of the infrastructure you are responsible for. It does not mean you raise assessments. It means you adopt a financial policy addressing the situation. The current residents are paying for all the infrastructure the District has. When the life of these bonds goes out, there will be room to start assessing again for replacement of the same infrastructure. Instead of charging twice now, I suggest we have a financial policy. You have a financial policy in your budget where you will spend money when you need it, but you will not assess the residents beforehand and keep it in a reserve fund you might not get benefit of November 6, 2006 161 1 A, Heritage Greens C.D.D. Mr. Benson stated I believe what Mr. Petty said is accurate. If there was something not foreseen, the Board will be able to do what they did in 1993. You can go for a bond, do whatever capital outlaying and then retire the bond through assessments over the expected life of those new assets. You prepay for it while you are paying off the first infrastructure asset. We do an assessment to determine whether this District is in a state of financial emergency. We do not believe it is. Heritage Greens CDD is a good model for many CDDs around the state. It is doing very well in its 13`h year of existence. We do not believe there is any reason for concern with where you are currently. The depreciation entry, although it is required, is not reason to substantially increase your assessments. Your District management company has you well paced to stay up with your current expenses. Mr. Petty stated we want to thank you for attending and answering our questions. Mr. Benson stated if you need me to come to a future meeting, I am ready to do so. THIRD ORDER OF BUSINESS Audit Selection Committee A. Ranking of Audit Firm Proposals Mr. Petty stated all Board members received a copy of RFPs, which were responded to. We are asking this body to rank these firms based on your review. We are asking you to do this as the Audit Selection Committee since this Board kept this authority on to itself. Staff has summarized these proposals. We are familiar with the top three firms. They are all competent in doing this work. If you would like, you can stop at the top three. I do not have a problem with entering into an agreement with any of the top three. We would like to see if this body wishes to rank differently than what staff has ranked. Mr. Pacchiana stated there is quite a difference in price between the first and the third. It is almost 50% less. Why do you think this is? Mr. Petty responded these are independent accountants, which we try to stay away from. They have to monitor our work. We do not have a close working relationship other than through the audit. Most of our auditors are having a great deal of difficulty keeping personnel in Broward County, Palm Beach County and St. Lucie County because the cost of living is driving a great deal of middle America up north. I know Keefe, McCullough & Company is trying to fill spots. They may be one of the first companies to find out they have to pay accountants more to get them back. Gran & Associates may be one of the companies, which has not lost as many as the rest. Keep in mind Keefe, McCullough & Company is most familiar with the District. Gran & Associates is giving you this based on their interpretation of review. November 6, 2006 16 i i rq i Heritage Greens C.D.D. Mr. Pacchiana asked does this mean the figure can change? Mr. Petty responded it can. We normally do this at a not to exceed figure, but if the work gets thick they can ask for more money. We need the audit at the end of the year so we are typically held up by this type of deal. These are professional auditing firms so they know the risk. Mr. Pacchiana stated as Mr. Miller pointed out we were dissatisfied with receiving the audit so late this time. Mr. Petty stated the reason was due to personnel problems. It is a sound company and Mr. Benson is a great accountant. We worked with him before, but the issue of people moving has hurt them. Mr. Keller asked what did we pay Keefe, McCullough & Company last year? Mr. Petty responded I will look in our budget. Mr. Miller stated it seems like the top three are the best. It comes down to staff. We have a staff of 14, a staff of 25 and a staff of 50. Gran & Associates seems to have the most professional staff, but fewer numbers of people on staff. They have four times the amount of districts than anyone else. Mr. Petty stated they specialize in special districts. Their staff appears to be stable at this time. We have $8,000 in our budget for the audit. Last year's budget was $6,500. The top three companies we work with consistently. We find them all to be professional. I cannot recommend one above the other. Mr. Pacchiana asked have you had experience with Gran & Associates? Mr. Petty responded yes sir. They are a reliable firm. Mr. Pacchiana stated we had an agreement with them, but the fee exceeded the agreement. It can happen this time also. Mr. Petty stated yes sir. If they incur additional work, they will charge additional funds. It depends on how good a shape the transactions of the year were in, what difficulties did the District get into, what extended contracts they may have and what extended issues they may have. We are not just audited on financials. We are audited on the rules of the state. The manager is also part of the audit. We are being audited. Our checks and balances as well as our system is being audited. Mr. Pacchiana asked do you feel comfortable they quoted on the same thing? Mr. Petty responded yes sir. 12 November 6, 2006 161 1 A Heritage Greens C.D.D. Mr. Pacchiana stated one has not quoted on five things and one three things so that the cost of the other two things is going to bring it up to the same price. Mr. Petty stated Keefe, McCullough & Company has given you a price of $8,000 feeling comfortable they can do the job for $8,000 or less. You probably have a quote of $4,500 from Grau & Associates under the assumption if everything is perfect, they can get everything done for $4,500. You balance it by having one more experience with this particular District and one who is looking at it from the outside who has not done the audit yet. You get somewhere in between. Either company will do this District fine. Berger, Toombs, Elam, Gaines & Frank is a firm we have known for a long time. On MOTION by Mr. Miller seconded by Ms. Costabile with all in favor Gran & Associates was ranked first, Berger, Toombs, Elam, Gaines & Frank were ranked second and Keefe, McCullough & Company was ranked third. B. Audit Ranking Recommendations C. Authorization to Enter Into a Three Year Contract with Selected Audit Firm Mr. Petty stated we will ask the Audit Selection Committee as this Board to authorize staff to enter into negotiations with the number one rated firm. If successful, we will stop and if not, we will continue on. On MOTION by Mr. Pacchiana seconded by Mr. Keller with all in favor staff was authorized to enter into a contract with Grau & Associates and if negotiations are not successful, staff is authorized to enter into negotiation with the firms ranked second and third. SEVENTH ORDER OF BUSINESS Engineer's Report There not being any, the next item followed. EIGHTH ORDER OF BUSINESS Supervisor's Requests There not being any, the next item followed. NINTH ORDER OF BUSINESS Audience Comments A resident stated it was nice to see the new signs. It is a big improvement. Mr. Petty stated Mr. Miller took this on single handed. A resident stated we need a letter saying the streets are okay at Heritage Greens so we can bri:ig the police in. I; November 6, 2006 1 (DI JAI Heritage Greens C.D.D. Mr. Petty stated the Board asked management to look into this. We contacted the Collier County Sheriff's Office. We finally got them to understand they were dealing with a governmental entity and they can do this. We forwarded the appropriate material we received from counsel. They have not responded favorably at this time. Our next position is to have counsel contact them directly. Mr. Van Assenderp's firm has a great deal of experience in talking to local governments to get them to understand what CDDs are and how they can and should be in here policing. This is not an additional form of security. We are a governmental entity falling under the local government. I suggest we allow counsel to talk directly with the county. I know the traffic signs were put in according to the county specifications. It is a simple matter of them entering into the proper inspection or agreement with them on the signage. A resident asked in regard to CDD management, are they on contract with you and if so for how long? Mr. Petty responded we are on an annual contract. The Board can dismiss the manager at their will. We serve at the pleasure of this Board. The contract has a 60 day provision, which is for the District's benefit and not for our firm. It gives you 60 days to get paperwork and the accounting system moved over to a new management group you may select. We hope we serve the District well and we look forward to working with you in the future. A resident stated I received my tax bill and it is $272 for the CDD. I would like to know what the budget is and what I am paying for. Mr. Pacchiana stated we had a budget hearing at the last meeting and we went over all those items. Mr. Petty stated I can summarize it. Administration was $72,421. Community appearance, which is our operating expenses used to do the projects we are discussing s , wa $37,000. Capital outlay was for the sidewalk additions and the road signs and was $37,950. We have anew budget this year, which is lower than last year. We carried over some $3 the capital projects and we also carried over any money not spent. This is roughly what we are spending the money on. A resident asked is this going to happen every year? Mr. Petty responded with variations. Your administrative costs are fairly stable. The accounting fees fluctuate. There are cost of living increases. Some of your professional fees may go up. If we get into litigation, counsel's fee may go up. Community appearance and capital outlay are the areas we take the greatest input from the public and from the needs of the 14 November 6, 2006 161 1 A Heritage Greens C.D.D. infrastructure. Those can change according to what is needed. Capital outlay and community appearance items are stable at the moment. The anticipation in our budget is whatever items are completed, a like sum will be put aside for renewal and replacement. Mr. Pacchiana asked do we need a motion to have our attorney contact the county with regard to policing the roads? Mr. Qualls responded I can take direction. I am being directed to contact them and prepare a report to present at the next meeting. Mr. Pacchiana stated yes. We would like to have this. A resident asked have we ever looked into other proposals from management firms? Mr. Pacchiana responded no. A resident responded I think we should. Mr. Petty stated I would ask you to look at qualifications first and pricing secondary. Going out for RFPs is something this Board can do whenever it wishes. Mr. Pacchiana stated I do not know that we have to make this decision tonight. TENTH ORDER OF BUSINESS Approval of Financial Statements Mr. Petty stated we received a simple financial statement. It represents the end of the year. Let me caution you where it says excess revenues of almost $51,000, bills may still be coming in. We would like to wait until after the audit to see what it brings us. There were projects budgeted this year we have not done yet. We authorized the work to be done tonight. It will go on this year's budget. On MOTION by Mr. Miller seconded by Ms. Shelton with all in favor the financial statements were approved. 15 November 6, 2006 ELEVENTH ORDER OF BUSINESS There being no further business, Adjournment 161 1 A I Heritage Greens C.D.D. On MOTION by Mr. Paiana seconded by Ms. Shelton with all in favor the meeting was Michele Shelton Assistant Secretary Chairman 16 AGENDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Monday November 6, 2006 6:00 P.M. Audit Committee Meeting 1. Roll Call 2. Ranking of Audit Firm Proposals 3. Adjournment Regular Board Meeting I. Roll Call 161 Heritage Greens Community Center 2215 Heritage Greens Drive Naples, Florida 2. Approval of the Minutes of the September 11, 2006 Meeting 3. Audit Selection Committee A. Audit Ranking Recommendations B. Authorization to Enter Into a Three Year Contract with the Selected Audit Firm 4. Questions and Comments Regarding Financial Audit for Fiscal Year 2005 5. Manager's Report 6. Attorney's Report 7. Engineer's Report 8. Supervisor Requests 9. Audience Comments 10. Approval of Financial Statements 11. Adjournment I Naples Daily News L Naples, FL 4102 V Affidavit of Publication Naples Daily News ----------------------------------------- HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 027769 59310320 NOTICE OF REGULARMEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/30 10/30 AD SPACE: 93.000 INCH FILED ON: 10/30/06 ------ -((---- ----- ------ +---- ------ - -' Signature of Affiant Sworn to and Subscribed before me this J S t- day of ()L1 200-n. Personally known by me C i A-0 4-k S G- AYA< -fl - Kok 04- ��.n +'w "•; ChanelA McDonald MY COMMISSION# DD210703 EXPIRES =a' '� June 29, 2007 BONDED TNRU TROY FAIN INSURANCE, INC 161 lAi HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT BASIC FINANCIAL STATEMENTS September 30, 2005 HERITAGE GREENS COMMUNITY DEVELOPMENI`DIST'RIcj A BASIC FINANCIAL STATEMENTS September 30, 2005 TABLE OF CONTENTS PAGES BASIC FINANCIAL STATEMENTS Independent Auditors' Report 1 -2 Management's Discussion and Analysis (Not Covered by Independent Auditors' Report) 3 -6 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets 7 Statement of Activities g Fund Financial Statements: Balance Sheet - Governmental Fund 9 Reconciliation of the Balance Sheet of Governmental Fund to the Statement of Net Assets 10 Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of Governmental Fund to the Statement of Activities 12 Statement of Revenues, Expenditures and Change in Fund Balance - Budget and Actual - General Fund 13 Notes to Basic Financial Statements 14 -19 OTHER REPORTS OF INDEPENDENT AUDITORS Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 20 -21 Independent Auditors' Report to District Management 22 -23 161 1 KEEFE, MCCULLOUGH & CO., LLP INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying statement of net assets and balance sheet of the governmental activities and major fund of Heritage Greens Community Development District (the District) as of September 30, 2005, and the statement of activities, statements of revenues, expenditures and changes in fund balance and revenues, expenditures and changes in fund balance - budget and actual - General Fund for the year then ended, as listed in the table of contents. These financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities and major fund of the Heritage Greens Community Development District as of September 30, 2005, and the changes in its financial position and budgetary comparison for the General Fund for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards , we have also issued our report dated June 15, 2006, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. CERTIFIED PUBLIC ACCOUNTANTS 6550 NORTH FEDERAL HIGHWAY OM R, KEePe, c.PA. JOSEPH D. LEG, c.PA. JOHN E. McCULLOUGH, CT A.(RETIRED) WILLIAM G. BENSON, CP A. SUITE 410 THOMAS T. CARPENTER. C.P.A. BRIAN D. PINNELL. C.P.A. (RETIRED) FORT LAUDERDALE, FLORIDA 33308 PAUL B. SNEWER, C PA (RETIRED) KENNETH G. SMITH, CTA. STEVEN H. WOODS, C.P.A. LOUIS R. PROIEITO, C.P.A. (954) 771 -0896 DAVID T WILLIAMS, C P A. CYNTHIAL. CALVERTC.PA. FAX: (954) 938-9353 CHARLES K. RUMPF, C P A. JAMES R. I.ARAWAY, C.PA. E -MAIL: kmc @kmccpa.Com ISRAEL J. GOMEZ. C.RA. ROSS S. GOTTHUPFER, CPA. INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying statement of net assets and balance sheet of the governmental activities and major fund of Heritage Greens Community Development District (the District) as of September 30, 2005, and the statement of activities, statements of revenues, expenditures and changes in fund balance and revenues, expenditures and changes in fund balance - budget and actual - General Fund for the year then ended, as listed in the table of contents. These financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities and major fund of the Heritage Greens Community Development District as of September 30, 2005, and the changes in its financial position and budgetary comparison for the General Fund for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards , we have also issued our report dated June 15, 2006, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Heritage Greens Community Development District 1 6 1 1 A i Management's Discussion and Analysis is not a required part of the basic financial statements, but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consist principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Fort Lauderdale, Florida June 15, 2006 2 KEEFE, McCULLOUGH & CO.. LLP HERITAGE GREENS COMMUNITY DEVELOPMENT DIS'i 4 1 A MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 Our discussion and analysis of Heritage Greens Community Development District's (the District) financial performance provides an overview of the District's financial activities for the year ended September 30, 2005. Please read it in conjunction with the District's basic financial statements, which immediately follow this discussion. FINANCIAL HIGHLIGHTS The following are the highlights of financial activity for the year ended September 30, 2005: The District's total assets exceeded its liabilities at September 30, 2005 by $ 3,603,317. The District's total revenues were $ 110,326, $ 105,120 from non -ad valorem assessments, $ 3,973 from miscellaneous income and $ 1,233 from investment income. The District's expenses for this year were $ 222,536. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the District's basic financial statements. The basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to financial statements. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the District's finances, in a manner similar to a private sector business. The statement of net assets presents information on all the District's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The statement of activities presents information showing how the District's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements can be found on pages 7 and 8 of this report. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District has only one fund type: governmental funds. HERITAGE GREENS COMMUNITY DEVELOPMENA§T�ICT` A l MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at + the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the District's near -term financing decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures, and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The governmental fund financial statements can be found on pages 9 through 13 of this report. Notes to Basic Financial Statements The notes provide additional information that is essential for a full understanding of the data provided in the government -wide and fund financial statements. The notes to basic financial statements can be found on pages 14 through 19 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government -wide statements of net assets as of September 30, 2005 and 2004. Heritage Greens Community Development District Statements of Net Assets 2004 $ 4,880 3.714.710 3,719.590 4.063 4.063 3,714,710 817 $ 3.715.527 2005 Current and other assets $ 35,527 Capital assets 3,597,366 Total assets 3,632,893 Current liabilities 29,576 Total liabilities 29,576 Net Assets: Invested in capital assets, net of related debt 3,597,366 Unrestricted 5,951 Total net assets $ 3,603.317 2004 $ 4,880 3.714.710 3,719.590 4.063 4.063 3,714,710 817 $ 3.715.527 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 Governmental Activities Governmental activities for the year ended September 30, 2005 decreased the District's net assets by $ 112,210, as reflected in the table below: Heritage Greens Community Development District Statements of Activities 2005 REVENUES: Program revenue: Non -ad valorem assessments $ 105,120 General revenue: Miscellaneous income 3,973 Interest income 1.233 Total revenues 110.326 EXPENSES: Physical environment 142,628 General government 79,908 Total expenses 222,536 Change in net assets (112,210) NET ASSETS, BEGINNING OF YEAR 3,715,527 NET ASSETS, END OF YEAR $ 3,603,317 ANALYSIS OF THE GOVERNMENTAL FUNDS /111, $ 67,405 1.543 68,948 140,823 91,368 232.191 (163,243) 3,878,770 $ 3,715.527 As noted earlier, the District uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. The focus of the District's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the District's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a District's net resources available for spending at the end of the fiscal year. The General Fund comprises the total governmental funds. As of the end of the most current fiscal year, the District's governmental fund reported combined ending fund balance of approximately $ 5,950, an increase of approximately $ 5,100 as compared to the total balance on October 1, 2004. CAPITAL ASSETS AND DEBT ADMINISTRATION The District's investment in capital assets for its governmental activities as of September 30, 2005 amounts to $ 3,597,366, and consists of land and improvements, improvements other than buildings and infrastructure. The District currently has no debt outstanding as of September 30, 2005. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT A MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 GENERAL FUND BUDGETARY HIGHLIGHTS The General Fund revenues and expenditures were under budget for the year ended September 30, 2005. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET Revenues and expenditures for the fiscal year 2006 adopted budget for the General Fund total approximately $ 147,371. The major increase is for sidewalk additions and signs as well as community upkeep and repairs. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of Heritage Greens Community Development District's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Heritage Greens Community Development District, 210 North University Drive, Suite 702, Coral Springs, Florida 33071. 161 1 A BASIC FINANCIAL STATEMENTS ,. LL _LL HERITAGE GREENS COMMUNITY DEVELOPME241TRIITA � STATEMENT OF NET ASSETS September 30, 2005 Governmental Activities ASSETS Cash and cash equivalents $ 30,527 Prepaid expenses 5,000 Capital assets: Non- depreciable 943,718 Depreciable, net 2,653.648 Total assets 3.632.893 Accounts payable 4,292 Contracts payable 25.284 Total liabilities 29.576 NET ASSETS Invested in capital assets, net of related debt 3,597,366 Unrestricted 5.951 Total net assets $ 3.603.317 The accompanying notes to basic financial statements are an integral part of these statements. 7 HERITAGE GREENS COMMUNITY DEVELOPMENT DUUT A I STATEMENT OF ACTIVITIES For the Year Ended September 30, 2005 General revenues: Miscellaneous income Investment income Change in net assets Net assets, October 1, 2004 Net assets, September 30, 2005 3,973 1.233 (112,210) 3.715.527 $ 3.603.317 The accompanying notes to basic financial statements are an integral part of these statements. K Governmental Activities Net Program Revenues Revenues Charges Operating Capital (Expenses) and for Grants and Grants and Change in Expenses Services Contributions Contributions Net Assets TIONS /PROGRAMS: nntental Activities: cal environment $ 142,628 $ -- $ $ $ (142,628) 7al government 79,908 105,120 25,212 Total governmental activities $ 222.536 $ 105,120 $ $ (117,416) General revenues: Miscellaneous income Investment income Change in net assets Net assets, October 1, 2004 Net assets, September 30, 2005 3,973 1.233 (112,210) 3.715.527 $ 3.603.317 The accompanying notes to basic financial statements are an integral part of these statements. K HERITAGE GREENS COMMUNITY DEVELOPMENT ASTRICj n BALANCE SHEET - GOVERNMENTAL FUND September 30, 2005 ASSETS LIABILITIES AND FUND BALANCES its payable Major cts payable Governmental Total liabilities Fund General Fund PS: and cash equivalents $ 30,527 id expenditures 5.000 Total assets $ 35.527 LIABILITIES AND FUND BALANCES its payable $ 4,292 cts payable 25.284 Total liabilities 29.576 BALANCES: ,ed for prepaid expenditures 5,000 caved 951 Total fund balances 5.951 Total liabilities and fund balances $ 35.527 The accompanying notes to basic financial statements are an integral part of these statements. 7 HERITAGE GREENS COMMUNITY DEVELOPMENT DIS RICT ' RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUND TO THE STATEMENT OF NET ASSETS September 30, 2005 [OUNTS REPORTED FOR GOVERNMENTAL ACTIVITIES IN THE ATEMENT OF NET ASSETS ARE DIFFERENT BECAUSE: fund balance of governmental fund in the balance sheet, page 9 $ 5,951 - apital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds: Governmental capital assets 4,620,038 Less accumulated depreciation (1.022.672) ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 7 $ 3.603,317 accompanying notes to basic financial statements are an integral part of these statements. 10 HERITAGE GREENS COMMUNITY DEVELOPMENT JIST14 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUND For the Year Ended September 30, 2005 Major Governmental Fund General Fund I valorem assessments $ 105,120 laneous income 3,973 t income 1,233 Total revenues 110,326 al government 79,908 1 outlay 25.284 Total expenditures 105.192 Excess of revenues over expenditures 5,134 BALANCE, October 1, 2004 817 BALANCE, September 30, 2005 $ 5,951 The accompanying notes to basic financial statements are an integral part of these statements. 11 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUND TO THE STATEMENT OF ACTIVITIES For the Year Ended September 30, 2005 NET CHANGES IN FUND BALANCE - TOTAL GOVERNMENTAL FUND, PAGE 11 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives. Expenditures for capital assets Less current provision for depreciation CHANGES IN NET ASSETS (DEFICIT) OF GOVERNMENTAL ACTIVITIES, PAGE 8 IA► 5,134 25,284 (142.628) $ (112.210) The accompanying notes to basic financial statements are an integral part of these statements. 12 HERITAGE GREENS COMMUNITY DEVELOPM4 JISTJCA 1 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND For the Year Ended September 30, 2005 Original and Final h Budget Actual Variance REVENUES: Non -ad valorem assessments $ 111,359 $ 105,120 $ (6,239) Miscellaneous income 3,973 3,973 Interest income 1.200 1.233 33 Total revenues 112.559 110.326 (2,233) EXPENDITURES: Current: General government 82,559 79,908 2,651 Physical environment: Capital outlay 30.000 25.284 4.716 Total expenditures 112.559 105.192 7.367 Excess of revenues over expenditures 5.134 5.134 FUND BALANCE, October 1, 2004 817 817 FUND BALANCE, September 30, 2005 $ 817 $ 5.951 $ 5.134 The accompanying notes to basic financial statements are an integral part of these statements. 13 16l 1 A HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2005 NOTE 1 - ORGANIZATION AND OPERATIONS Heritage Greens Community Development District ( "District ") was created on July 20, 1993 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes, by Collier County Ordinance 93 -39. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non -ad valorem assessments for the financing and delivery of capital infrastructure. The District consists of 251 acres of land and is located entirely within Collier County, Florida. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ( "Board ") which is composed of five elected members. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The basic financial statements of the District have been prepared in conformity with generally accepted .accounting principles as applied to governmental units. The District's more significant accounting policies are described below: The financial reporting entity: The criteria used for including component units consists of identification of legally separate iizations for which the Board of Supervisors of the District are financially accountable. This criteria includes identification of organizations for which the nature and significance of their relationship the.primary government are such that exclusion would cause the reporting entity's basic financial ileft to be misleading or incomplete. Based upon this review, there were no potential component af.'Ae District. FINANCIAL STATEMENTS - GOVERNMENT -WIDE STATEMENTS The District's basic financial statements include both government -wide (reporting the District as a whole)"td fund financial statements (reporting the District's major funds). Both the government -wide and` ftol.Anancial statements categorize primary activities as either governmental or business type. All of the 141itrict's activities are classified as governmental activities. Iirthe government -wide statement of net assets, the governmental activities column is presented on a consolidated basis, if applicable, and is reported on a full- accrual, economic resource basis, which recognizes all noncurrent assets and receivables as well as all noncurrent debt and obligations, when and if applicable. The government -wide statement of activities reports both the gross and net cost of each of the District's functions. The net costs, by function, are also supported by general revenues, other revenue, etc. The statement of activities reduces gross expenses by related program revenues, operating and capital grants. Program revenues must be directly associated with the function. Operating grants include operating- specific and discretionary (either operating or capital) grants while the capital grants column reflect capital- specific grants. For the year ended September 30, 2005, the District had program revenues of $ 105,120. 14 HERITAGE GREENS COMMUNITY DEVELOPMAUTRIkA NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2005 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (continued) This government -wide focus is more on the ability to sustain the District as an entity and the change in the District's net assets resulting from the current year's activities. FINANCIAL STATEMENTS - FUND FINANCIAL STATEMENTS The accounts of the District are organized on the basis of funds. The operations of the funds are accounted for with separate self- balancing accounts that comprise their assets, liabilities, fund equity, revenues and expenditures. The District reports the following major governmental fund: General Fund - This fund is used to account for all operating activities of the District. At this time, revenues are derived principally from non -ad valorem taxes and investment income. Measurement focus, basis of accounting and presentation: Basis of accounting refers to the point at which revenues or expenditures /expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government -wide statements use the economic resources measurement focus. Governmental activity in the government -wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the District considers revenues to be available if they are collected within sixty days of the end of the current year. Budeet: A budget is adopted for the General Fund on an annual basis. Appropriations lapse at fiscal year end. Changes or amendments to the total budgeted expenditures of the District must be approved by the district Board of Supervisors. The District prepared the annual budget on the modified accrual basis of accounting which is consistent with generally accepted accounting principles. Cash and cash equivalents: Cash and cash equivalents are defined as demand deposits, money market accounts, and short- term investments with original maturities of three months or less from the date of acquisition. Paid expenses / expenditures: Certain payments reflect costs applicable to future accounting periods and are recorded as prepaid items in both the government -wide and fund financial statements. 15 HERITAGE GREENS COMMUNITY DEVELOPMENT Dom' JT A NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2005 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (continued) Capital assets: Capital assets, which include land and improvements, improvements other than buildings, infrastructure and construction in progress, are reported in the governmental activities column in the government -wide financial statements. The government defines capital assets as assets with an initial, individual cost of more than $ 750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. Depreciation on all capital assets is charged to operations using the straight -line method over the assets' estimated service lives, ranging from 5 -30 years. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. GASB 34 encourages but does not require certain governments to retroactively report infrastructure assets. The District has elected not to retroacatively report any unrecorded infrastructure that may exist. Maintenance assessments: The District levied a non -ad valorem maintenance assessment on all platted lots within the District. Maintenance assessments are levied each November 1. The fiscal year for which taxes are levied begins on October 1 with a maximum discount available for payments through November 30 and becomes delinquent on April 1. The Collier County, Florida, Tax Collector's Office bills and collects maintenance taxes on behalf of the District. The maintenance assessment represents the amount collected from each lot owner for operating and maintenance expenditures of the District. Equity classifications: Government -wide statements Equity is classified as net assets and displayed in three components: a. Invested in capital assets, net of related debt - consists of capital assets including restricted capital assets, net of accumulated depreciation and reduced by the outstanding balances of any bonds, or other borrowings that are attributable to the acquisition, construction or improvement of those assets. b. Restricted net assets - consists of net assets with constraints placed on the use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. C. Unrestricted net assets - all other net assets that do not meet the definition of "restricted" or "invested in capital assets, net of related debt." Fund statements In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. 16 HERITAGE GREENS COMMUNITY DEVELOPMENT DI5"I'RICT NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2005 NOTE 3 - DEPOSITS AND INVESTMENTS Deposits: The District's deposits must be placed with banks and savings and loans which are qualified as public depositories prior to receipt of public monies under Chapter 280, Florida Statutes. These deposits are insured by the FDIC up to $ 200,000, $ 100,000 for demand deposits and $ 100,000 for savings deposits. Monies deposited in amounts greater than the insurance coverage are secured by the banks pledging securities with the State Treasurer in the collateral pool. At year end, the District did not have any deposits. Ines tments: The investment of funds is authorized by Florida Statutes, which allows the District to invest in the Local Government Surplus Funds Trust or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest- bearing time deposits or savings accounts in qualified public depositories and direct obligations of the United States Treasury. Investments as of September 30, 2005 were as follows: Reported Amount - Fair Value or Amortized C— o— st Bank repurchase agreement $ _ 30.527 5 527 These investments are reflected in the accompanying statement of net assets and balance sheet - governmental funds as cash and cash equivalents. Credit risk: Under the bank repurchase agreement, Fund. his fund is atedAAm Service, Interest excess funds are sent daily to the Federated Government by Standard and Poor's and Aaa by Moody's Investors Florida Statutes state that the investment portfolio be structured in such manner as to provide sufficient liquidity to pay obligations as they come due. The investments under the bank repurchase agreement have a weighted average maturity of 29 days. Concentration of credit risk: GASB 40 requires disclosure when investments are more than 5% in any one issuer. All investments held by the District are exempt from this requirement. 17 HERITAGE GREENS COMMUNITY DEVELOPMENT DIST A " A NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2005 NOTE 3 - DEPOSITS AND INVESTMENTS (continued) Custodial credit risk: For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the District will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. None of the District's investments are exposed to custodial credit risk. NOTE 4 - CAPITAL ASSETS Capital asset activity for the year ended September 30, 2005 was as follows: Governmental Activities: Capital assets, not being depreciated: Land and improvements Construction in progress Total capital assets, not being depreciated Capital assets, being depreciated: Improvements other than buildings Infrastructure Total capital assets being depreciated Total capital assets Less accumulated depreciation for: Improvements other than buildings Infrastructure Total accumulated depreciation Total capital assets, being depreciated, net Governmental activities capital assets, net Balance Balance October 1, September 30, 2004 Increases Deletions 2005 $ 918,434 $ -- $ $ 918,434 25,284 25,284 918,434 25,284 943,718 342,432 342,432 3,333,888 3,333,888 3,676,320 3,676,320 4.594,754 25.284 4,620,038 164,758 25,916 190,674 715,286 116,712 831,998 880,044 142,628 1,022,672 2,796,276 (142,628) 2,653,648 $ 3,714.710 $ (117,344) $ $ 3,597,366 Provision for depreciation was charged to functions as follows: Governmental activities: Physical Environment $ 142.628 M 161 1A► OTHER REPORTS OF INDEPENDENT AUDITORS 161 KEEFE, MCCULLOUGH & CO., LLP CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida 1 A We have audited the statement of net assets (deficit) and balance sheet of Heritage Greens Community Development District (the District) as of September 30, 2005, and the statement of activities, statements of revenues, expenditures and changes in fund balances and revenues, expenditures and change in fund balance - budget and actual - General Fund for the year then ended and have issued our report thereon dated June 15, 2006, We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered Heritage Greens Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by management in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether Heritage Greens Community Development District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. «I; 6550 NORTH FEDERAL HIGHWAY JOHN R. KEEFE. C.P.A. JOSEPH D. LEO, C.P.A. SUITE 410 IGEN E. MCCUllAUGH. C.PA.(RETIRED) WILLIAM G. BENSON. CPA. THOMAS T CARPENTER. C.P A. BRIAND. PINNELI..CPA.(REFIRED) FORT LAUDERDALE, FLORIDA 33308 PAULB. SNEIDER,CPA.(REFURED) KENNETHG.SMITH.CP.A, 954 t ) 71 -0896 STEVEN H. WOODS, C.P.A. LOUIS R. PROIETTO. CPA. DAVID T. WILLIAMS, C P A. CYNTHIA L. CALVERT. C P A. FAX: (954) 938.9353 CHARLES K. RUMPS CPA. JAMES R. FARAWAY, C A. E-MAIL: kDIc@kDICCPa.Co1H ISRAEL /. GOMEZ, C. PA. ROSS S. GOTTHOFFER. CP A. INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida 1 A We have audited the statement of net assets (deficit) and balance sheet of Heritage Greens Community Development District (the District) as of September 30, 2005, and the statement of activities, statements of revenues, expenditures and changes in fund balances and revenues, expenditures and change in fund balance - budget and actual - General Fund for the year then ended and have issued our report thereon dated June 15, 2006, We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered Heritage Greens Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by management in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether Heritage Greens Community Development District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. «I; Heritage Greens Community Development District 161 1 A I This report is intended solely for the information and use of District management, members of the Board of Supervisors, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. Fort Lauderdale, Florida June 15, 2005 21 KEEFE, McCULLOUGH & CO.. LLP 16! KEEFE, MCCULLOUGH & CO., LLP CCRTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT TO DISTRICT MANAGEMENT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida 1 A, We have audited the basic financial statements of Heritage Greens Community Development District (the "District "), as of and for the year ended September 30, 2005, and have issued our report thereon dated June 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report, which are dated June 15, 2006, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1)(h)l.) require that we address in the management letter , if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings, whether or not recommendations made in the preceding annual financial audit report have been followed. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10.554(1)(h)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the District complied with Section 218.415, Florida Statutes. The rules of the Auditor General (Section 10.554(1)(h)3.) require that we address in the management letter any findings and recommendations to improve financial management, accounting procedures, and internal controls. In connection with our audit, we did not have any such findings or recommendations. 22 6550 NORTH FEDERAL HIGHWAY 'MR KEEFE. C.P.A. JOSEPH D. LEO, CP.A. SUITE 410 IOHNE. MCCULLOUGH.CP.A.(RETRED) WILLIAMG. RENSON,C.PA. THOMAS T. CARPENTER, C.P.A. ERIAND, PINNELI..C.PA.(RETIREDr FORT LAUDERDALE, FLORIDA 33308 PAUL R. SNE,IDEK C.P A. (RETIRED) KENNETH G. SMITH, CPA. (954)77[ -0896 STEVEN H. WOODS, C.PA. LOUIS R. PROWTTO, CPA. DAVID T WILLIAMS. C P.A. CYNTHIA L. CALVERT CP A. FAX: (954) 938_9353 CHARLES K. RUMPH CPA, JAMES R. LARAWAY. C.PA. E -MAIL: kmc@kmccpa.Co1H ISRAEL J. GOMEZ, C.P.A. ROSS S. GOTTHOFPER, CPA INDEPENDENT AUDITORS' REPORT TO DISTRICT MANAGEMENT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida 1 A, We have audited the basic financial statements of Heritage Greens Community Development District (the "District "), as of and for the year ended September 30, 2005, and have issued our report thereon dated June 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report, which are dated June 15, 2006, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1)(h)l.) require that we address in the management letter , if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings, whether or not recommendations made in the preceding annual financial audit report have been followed. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10.554(1)(h)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the District complied with Section 218.415, Florida Statutes. The rules of the Auditor General (Section 10.554(1)(h)3.) require that we address in the management letter any findings and recommendations to improve financial management, accounting procedures, and internal controls. In connection with our audit, we did not have any such findings or recommendations. 22 Heritage Greens Community Development District 16 1 1 A I The Rules of the Auditor General (Section 10.554(1)(h)4.) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on internal controls and compliance or schedule of findings and questioned costs and are not clearly inconsequential: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the basic financial statements); (4) failure to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. Our audit disclosed no matters requiring disclosure in the management letter or the basic financial statements. The Rules of the Auditor General (Section 10.554(1)(h)5.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the basic financial statements. Heritage Greens Community Development District was established on July 20, 1993 by Ordinance No. 93 -39 of the Collier County Commission, pursuant to the provisions of Chapter 190, Florida Statutes. The District does not have any component units. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), a statement must be included as to whether or not the local government entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes. In connection with our audit, we determined that the District did not meet any of the conditions described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.b.), we determined that the annual financial report for the District for the fiscal year ended September 30, 2005, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes. in agreement with the annual financial audit report for the fiscal year ended September 30, 2005. As required by the Rules of the Auditor General (Section 10.554(h)6.c. and 10.556(7)), we applied financial assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations [fade by management and the review of financial information provided by same. This management letter is intended solely for the information and use of management, members of the Board of Supervisors and the Auditor General of the State of Florida Office, and is not intended to be and should not be used by anyone other than these specified parties. Fort Lauderdale, Florida June 15, 2005 23 I{EEFE, McCULLOUGH & CO., LLP V O W a �a LL ff e o, n Q o LL Y J O J C Q d E v m � Wmmv N a ° �a Q Q O O N N yy LL LL °o 4 U m N v ¢ 0 N 0 0 a d rn Y 0 4 LL C o m [ ❑ Z C f 'o a v ¢ C N a cm m F u v [ F m 3 ❑ v c %Y w C A C o Q c o 2 a v a m `o n N E 2 E LL 161 0 `o E U d � N E N � o � N ° N N N O t ry m 0 � N r N > r m E ,v N m m ° r y 4 Q p 0 7 o E n a o o y 4 o _ N €� OU ❑U `o t oN Y C ° a A - E F B$ b a m � IAA F C 9 M Y H NV1 o W u � U b � m m - m C m a c c E a a A m c i m m y o ie °a m a Tmn °n Q E E F i F N •- N °r a co o` U o m mr.m -a U n mm G +p (7 t r.b4 rnE wY mQ F U a N f0 ❑ m L o m y. E m b - u id C m C m a N C m iE5 2! � m E m N m N i O Ly 'J N m N R N� Tt 6 W ¢ Ih Q ❑ IO W S '- W - n m d E °rn E m m p.L 2 v o ' U E m m m - 02 am "c ui °5mma m" c F n U 8 ° : m E a c E E E b L m m C c E �' L ° E °u m �i E a m a ti o N y $ p C E m C R c° m =% ^� a E Fmi > m W� a W W m a N m J� 0 O w N N" N U W J u¢ 0 o c U d U m E v A b b x g b U b o a'n 12 E x !o m ('1 rtl Y ❑ Y D) 161 0 `o E U d � N E N � o � N ° N N N O t ry m 0 � N r N > r m E ,v N m m ° r y 4 Q p 0 7 o E n a o o y 4 o _ N €� OU ❑U `o t oN Y C ° a A - E F B$ b a m � IAA 161 1A Heritage Greens Community Development District Financial Statements Unaudited September 30, 2006 Heritage Greens Community Development District Combined Balance Sheet September 30, 2008 Assets: Cash Accounts Receivable Investment Suntrust Sweep Interest Receivables Due from Collier Cty Prepaid Expenses Total Assets Liabilities: Accounts Payable Accrued Expenses Fund Balances: Investment in General Fixed Assets Reserved for Debt Service Designated for Access Control Designated for Roadway Services Unreserved General Fund Total Liabilities and Fund Equity & Other Credits M. General Fund $ 161 1► ., W. S 59,161 2,142 74 56,945 $ 59,161 Heritage Greens 161 1 N Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending September 30, 2006 Adopted Budget Actual Budget Tlru 9£30106 Thru 9MM6 Janancm Rsx- sytal; - Interest Income 5 1,200 $ 1,230 $ 3,735 $ 2,535 Special Assessments 146,17^ 14:,171 141,958 (4,213) Wcelia*Dt.s Revenues - - 1,409 1,409 Total Revenues 147 371 147,371 147,102 -� 9} Expenditures: 2.500 2,501'' - 2,5(0 'Lake Eldora ?Plantwgs Arotessional & Administradva 20,0W 20,C00 Drainage Catch Basins Clearing 2,000 Suporiw Fees 5,383 5,383 5,167 215 Engineering Fees ID00 3,000 7,887 (4,687) AttaneyFees 1.500 1,500 883 617 Management Fees 25.000 25,000 25,000 0 ProperWAppraiw - - 1,670 (1,670) Assessment Roll Preparaton 5,000 5,009 5,000 Accounting Fees 500 5,000 5,000 (6) Audit Fee 66,50.^. 6,506 8,000 (1,500) Insrance 6,0w Me 5.000 1,000 Telephone 400 400 5 395 Postage 750 750 654 96 PrinSng & Binding 750 750 588 162 Legal Advertising 1,000 1,000 2,014 (1,014) O.race Expense 500 5w 540 (40) [hies, Licenses. & Subscriptions 175 17; 175 - Contngerr;*s 5ihi 54J 998 (498) Colte4cst Fees & Early Payment Cscount 10.1.-3 10,963 2,819 8,144 Total Administrative 1.2,421 72,421- -� 71,199 1,222 Community Appearance:. Operating Expenses Wetlands Maintenance 5.000 5,000 • 5,000 Sanitary Sower Cleanouta 3.000 3,cdr0 3,000 Sidewalk Curb Ramp Repair 4,500 4,500 4,500 Broken Valley GIMer CurnilG" 2.500 2,501'' - 2,5(0 'Lake Eldora ?Plantwgs 20,000 20,0W 20,C00 Drainage Catch Basins Clearing 2,000 2.x0 2,000 Total Operating 37,000 37.000 Capital Outlay Sidewalk Aadoons 15AW 15,450 - 15,450 Road Signs (Speed Bump Program) 22,600 22,500 24,910 (2,410) Total Capital Outlay - 37,950 37,950 24,910 13,041 i Total Expenditures 147,371 147,371 96,108 $ 51,262 Excess Revenues (Expenditures) S 5 50,994 Fund Balance - Beginning 5,952 Fund Balance • Ending S 56,945 Page 2 16� 1 � _ Bank Account Check Details October 19 2006 Period: 08 /01/06..09130/06 Page 1 HERITAGE GREENS COD SINGUANZO This report also includes bank accounts that only have balances. Bank Account Date Filter: 08101 106..09130106 Check Printed Voided Entry Origlna Sal. B.I. Account Entry Date Check No. Description Amount Amount Amount Status Entry S Accou No. No. 9920 HERITAGE GREENS CDD CLEARING Phone No. 08130106 1789 AGNOLI BARBER & BRUNDA 1,668.50 0.00 0.00 Posted Venda 28 84 08/30106 1790 KEEFE,MCCULLOUGH & CO L 4,625.00 0.00 0.00 Posted Venda 73 85 O8 /30/06 1791 LYKINS SIGNTEK INC. 11,822.50 0.00 0.00 Posted Venda V00002 86 08/30/06 1792 SEVERN TRENT 5,223.63 0.00 0.00 Posted Venda 2 87 08/30106 1793 YOUNG, van ASSENDERP, P. 773.25 0.00 0.00 Posted Venda 5 68 09/15/06 1794 AGNOLI BARBER & BRUNDA 488.75 0.00 0.00 Posted Venda 28 89 09/15106 1795 KEEFE,MCCULLOUGH & CO L 3,375.00 0.00 0.00 Posted Venda 73 90 09/15106 1796 NAPLES DAILY NEWS 615.00 0.00 0.00 Posted Venda 7 91 09/15/06 1797 SEVERN TRENT 2,658.87 0.00 0.00 Posted Venda 2 92 HERITAGE GREENS CDD CLEARING 31,250.70 0.00 0.00 161 1 A2 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 24, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Verona Walk Community Development District Verona Walk Community Development District has submitted the following items: a. Minutes of the meeting held April 17, 2007. Thank you \speciallspecial Misc Crrresl Gate � O1 item # __ -1(9 � - - -._ -- 16 l 1 t VERONA WALK COMMUNITY DEVELOPMENT DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 561- 630 -4922 Fax: 561 - 630 -4923 April 17, 2007 Clerk of the Circuit Court Dwight E. Brock Collier County Courthouse 3301 E. Tamiami Trail, Building L, 6`h Floor Naples, Florida 34112 RE: Verona Walk Community Development District To Whom It May Concern: Pursuant to Florida Law, enclosed please find a copy of the following pertaining to the above referenced Community Development District: 1.) Proposed 2007/2008 Fiscal year Budget (Oct. 1, 2007 — Sept. 30, 2008) If you have any questions or comments, please contact us. Sincerely, SPECIAL DISTRICT SERVICES, INC. mod/ G�¢czc nda osier Support Specialist Enclosure Misc. Corms. Date: Item #: Copies to: o - � v Pursuant to Florida Law, enclosed please find a copy of the following pertaining to the above referenced Community Development District: 1.) Proposed 2007/2008 Fiscal year Budget (Oct. 1, 2007 — Sept. 30, 2008) If you have any questions or comments, please contact us. Sincerely, SPECIAL DISTRICT SERVICES, INC. mod/ G�¢czc nda osier Support Specialist Enclosure Misc. Corms. Date: Item #: Copies to: 161 1A-�- Community Development Diktridi Proposed Budget For Fiscal Year 2007/2008 October l, 2007 - September 30, 2008 CONTENTS 161 1 A z I PROPOSED OPERATING FUND BUDGET II PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2004) III PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2006) IV ASSESSMENT COMPARISON V DETAILED PROPOSED OPERATING FUND BUDGET VI DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2004) VII DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2006) VW Proposed Budget Contents 2007 -2008 4/1612007 4 .58 PM PROPOSED BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND FISCAL YEAR 200712008 October 1, 2007 - September 10, 2008 161 1A,�- Code REVENUES FISCAL YEAR 2007/2008 ANNUAL BUDGET 363.100 ADMINISTRATIVE ASSESSMENTS 86,278 363.810 DEBT ASSESSMENTS - SERIES 2004 590,011 363.811 DEBT ASSESSMENTS - SERIES 2006 681,8441 369.399 CARRYOVER FROM PRIOR YEAR _ _ 10,0_00 369.400 OTHER REVENUES _ 0 369.401 INTEREST INCOME 1,320 TOTAL REVENUES $ 1,369,453 EXPENDITURES 511.310 ENGINEERING /MAINTENANCE 5,000 511.311 MANAGEMENT 32,652 511.312 SECRETARIAL 4,200 511.315 LEGAL 7,500 511.318 ASSESSMENT ROLL 10,000 511.320 AUDIT FEES 7,300 511.330 ARBITRAGE REBATE FEE - SERIES 2004 2,000 512.330 ARBITRAGE REBATE FEE - SERIES 2006 2,000 511.331 FINANCIAL ADVISORY FEES 2,000 511.450 INSURANCE 4,000 511.480 LEGAL ADVERTISING 2,500 511.512 MISCELLANEOUS 1,000 511.513 POSTAGE 700 511.514 OFFICE SUPPLIES 1,100 511.540 DUES & SUBSCRIPTIONS 175 511.733 TRUSTEE FEES - SERIES 2004 3,500 512.733 TRUSTEE FEES - SERIES 2006 3,500 511.734 - CONTINUING DISCLOSURE FEE - SERIES 2004 1,000 512734 CONTINUING DISCLOSURE FEE - SERIES 2006 1,000 TOTAL EXPENDITURES $ 91,127 EXCESS OR SHORTFALL $ 1,278,326 363.820 PAYMENT TO TRUSTEE SERIES 2004 (545,760) 363.821 PAYMENT TO TRUSTEE SERIES 2006 (630,706) BALANCE $ 101,860 363.830 COUNTY APPRAISER & TAX COLLECTOR FEE (33,953) 363.831 DISCOUNTS FOR EARLY PAYMENTS 67,907 NET EXCESS /SHORTFALL $ -a PROPOSED BUDGET 161 1A 2 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2004) FISCAL YEAR 2007/2008 October 1, 2007 - September 30, 2008 CODE # REVENUES FISCAL YEAR 2007/2008 ANNUAL BUDGET 310.000 Interest Income 6,500 325.000 NAV Tax Collection 545,760 Total Revenues $ 552,260 EXPENDITURES 510.000 Principal Payments 110,000 515.000 Interest Payments 442,260 660.000 Trustee Sweep Fees 0 Total Ex enditures $ 552,260 Excess/Shortfall $ _ Ve n. W.M N Budge e M Budget: 3007 -3409 MW Proppced Budge 3007-200e M Gropasea Debt seMae rzoOQ Fund Budget 2007-2009 411612007 4 :59 PM PROPOSED BUDGET 161 1 A :q- VERONA WALK COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2006) FISCAL YEAR 2007/2008 October 1, 2007 - September 30, 2008 CODE # REVENUES FISCAL YEAR 2007/2008 ANNUAL BUDGET 310.000 Interest Income 7,500 325.000 NAV Tax Collection 630,706 Total Revenues $ 638,206 EXPENDITURES 510.000 Principal Payments 130,000 515.000 Interest Payments 508,206 660.000 Trustee Sweep Fees 0 Total Expenditures $ 638,206 Excess/Shortfall $ Verona Walk . Mg.e M B.We 2007-2006 M Proposed BWgN 2007-2008 M Proposed Debt Service (2006) fwd Budget 2007 -2008 411612007 4 '.58 PM Verona Walk Community Development District 161 1 A Assessment Comparison Lot Size Original Projected Assessment Fiscal Year 2005/2006 Assessment Fiscal Year 2006/2007 Assessment Fiscal Year 200712008 Projected Assessment Phase One Townhome 26' Administrative $ $ 119.05 $ 103.59 $ 43.93 (Cayman) Debt $ 600.00 $ 587.83 $ 585.71 E 589.49 Phase One Total $ 600.00 $ 706.88 $ 689.30 $ 633.42 Duplex 36' 1 Administrative $ $ 119.05 $ 103.59 1 $ 43.93 (Capri) Debt $ 600.00 $ 587.83 $ 585.71 689.49 Phase One Total $ 600.00 $ 706.88 $ 689.30 E 633.42 Single Family 50' Administrative $ $ 119.05 $ 103.59 E 43.93 (Oakmont) Debt $ 706.00 $ 691.56 $ 689.07 $ 693.62 Phase One Total $ 706.00 $ 810.61 $ 792,66 $ 737.45 Single Family 60' Administrative $ $ 119.05 $ 103.59 $ 43.93 (Carlyle) Debt $ 812.00 $ 795.30 $ 792.43 $ 797.55 Phase One Total $ 812.00 $ 914.35 $ 896.02 $ 841.48 Phase Two Duplex 36' Administrative $ $ $ $ 43.93 (Capri) Debt $ 600.00 $ $ E 589.63 Phase Two Total $ 600.00 $ $ $ 633.56 Single Family 50' Administrative $ $ $ $ 43.93 (Oakmont) Debt $ 706.00 $ $ $ 693.67 Phase Two Total $ 706.00 $ $ $ 737.60 Single Family 60' Administrative $ $ $ $ 43.93 (Carlyle) Debt $ 812.00 $ $ $ 797.89 Phase Two Total $ 812.00 $ $ E 841.82 Includes 2% County Tax Collector Fee, a 1.5% County Property Appraiser Fee and a 4% discount for early payment of taxes. Notes: There are 1,964 units in the Verona Walk Community Development District. There are 925 Units In Phase One Of The Community. There are 246 twenty six foot lownhomes in Phase One. There are 344 thirty six foot duplex homes in Phase One. There are 240 fifty foot single family homes in Phase One. There are 95 sixty foot single family homes in Phase One. There are 1,039 Units In Phase Two Of The Community. There are 546 thirty six foot duplex homes in Phase Two. There are 321 fifty foot single family homes in Phase Two. There are 172 sixty foot single family homes in Phase Two. Verona Walk VWeudgets VW Budgets 2008 -2007 M Proposed aware 2007 -2008 Vw ASaeawnenrc0mparison 4/104007 4 '.58 PM PROPOSED BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND FISCAL YEAR 2007/2008 October 1, 2007 - September 30, 2008 161 1A�- Code# REVENUES FISCAL YEAR 2006 /2006 ACTUAL FISCAL YEAR 2006/2007 ANNUALBUDGET FISCAL YEAR 2007/2008 ANNUAL BUDGET COMMENTS 363.100 ADMINISTRATIVE ASSESSMENTS 111,515 95,825 86,278 Expenditures Less Interest & Car over /.925 363.810 DEBTASSESSMENTS -SERIES 2004 588,346 586,222 590,011 Payment To Trustee /.925 363.811 DEBTASSESSMENTS -SERIES 2006 0 0 681,844 Payment To Trustee/.925 369.399 CARRYOVER FROM PRIOR YEAR 0 0 10,000 Carryover From Prior Year 369.400 OTHER REVENUES 14,476 0 0 369.401 INTEREST INCOME 2,121 960 1,320 Interest Projected At $110 Per Month TOTAL REVENUES $ 716,468 $ 683,007 $ 1,369,463 EXPENDITURES 511.310 ENGINEERING /MAINTENANCE 2,885 7,000 5,000 COD Owns Water Management B Drainage Structures 511.311 MANAGEMENT 30,816 31,860 326521ndudes Inflation increase Beset on Consumer Ptce index) 511.312 SECRETARIAL 4,200 4,200 4,200 No Change From 2006/2007 Budget 511.315 LEGAL 5,092 10,000 7,500 $2,500 Decrease From 2006/2007 Bud et 511.318 ASSESSMENT ROLL 10,000 10 000 10,000 As Per Contract 511.320 AUDIT FEES 5,000 6,000 7,300 Accepted Amount for 2006 -2007 Audit 511.330 ARBITRAGE REBATE FEE - SERIES 2004 1,575 2,000 2,000 No Change From 2006/2007 Budget 512.330 ARBITRAGE REBATE FEE - SERIES 2006 0 0 2,000 First Year Of Expenditure 511.331 FINANCIAL ADVISORY FEES 2,637 2,000 2,000 Q,,Itdy Fee is $500.00 511.450 INSURANCE 4,000 4,000 4,000 No Change From 2006/2007 Budget 511.480 LEGAL ADVERTISING 3,803 2,500 2,500 No Change From 2006/2007 Budget 511.512 MISCELLANEOUS 943 500 1,000 $500 Increase From 2006/2007 Budget 511.513 POSTAGE 240 900 700 $200 Decrease From 2006/2007 Bud et 511.514 OFFICE SUPPLIES 1,065 900 1,100 $200 Increase From 2006/2007 Budget 511.540 DUES 8 SUBSCRIPTIONS 1751 175 175 No Change From 2006/2007 Budget 511.733 TRUSTEE FEES - SERIES 2004 3,233 4,000 3,500 $500 Decrease From 2006/2007 Budget 512.733 TRUSTEE FEES - SERIES 2006 0 0 3,500 First Year Of Expenditure 511.734 CONTINUING DISCLOSURE FEE - SERIES 2004 5,000 5,000 1,000 Proected Prager Fee 15$1,000 512.734 CONTINUING DISCLOSURE FEE - SERIES 20M 0 0 1,000 Projected Prager Fee is $1,000 TOTAL EXPENDITURES $ 80,663 $ 911036 $ 91,127 EXCESS OR SHORTFALL $ 636,796 $ 591.972 $ 1,278,326 363.820 PAYMENT TO TRUSTEE SERIES 2004 553,045 (551,049) (545.760) 2008 Pnr ci al b Interest Pa ants Less Interest 363.821 PAYMENT TO TRUSTEE SERIES 2006 0 0 (630J06) 2008 Pn,ci al b Interest Pa ants Less Interest BALANCE $ 82.760 $ 40,923 $ 101 860 363.830 COUNTY APPINN.. TA%c.UU.l.R SEE 17224 13,641 33,953 TWO Percent Of Total Tax Roll 363.831 DISCOUNTS FOR EARLY PAYMENTS (26J90) (27,282) 67 907 FDUr Percent Of Total Tax Roll NET EXCESS /SHORTFALL $ 39,336 $ $ ab�. PROPOSED BUDGET 1 6 1 1 A,,2- VERONA WALK COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2004) FISCAL YEAR 2007/2008 October 1, 2007 - September 30, 2008 CODE # REVENUES FISCAL YEAR 2006/2007 ANNUAL BUDGET FISCAL YEAR 2007/2008 ANNUAL BUDGET COMMENTS 310.000 Interest Income 4,000 6,500 Projected Interest For FY 2007/2008 325.000 NAV Tax Collection 551,049 545,760 2008 Principal & Interest Payments Less Interest Total Revenues $ 555,049 $ 552,260 EXPENDITURES 510.000 Principal Payments 105,000 110,000 Principal Pay ment Due In 2008 515.000 Interest Payments 448,549 442,260 Interest Payments Due In 2008 660.000 1 Trustee Sweep Fees 1,500 0 U.S. Bank Does Not Charge Sweep Fees Total Expenditures $ 555,049 $ 552,260 Excess /Shortfall $ - $ .lon.w.¢ Mauepa. . BuCpala 200}3008 . P.opaaa<BUdg. 300 }3008 M Prop oa.E 0.41 S.Mca 1}OMj Funo BWpa1300t -}008 .1l. 0} OSSP. � PROPOSED BUDGET 161 1A VERONA WALK COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2006) FISCAL YEAR 200712008 October 1, 2007 - September 30, 2008 CODE # REVENUES FISCAL YEAR 200612007 ANNUAL BUDGET FISCAL YEAR 200712008 ANNUAL BUDGET COMMENTS 310.000 Interest Income 10 000 7,500 Projected Interest For FY 2007/2008 325.000 NAV Tax Collection 0 630,706 2008 Principal & Interest Payments Less Interest Total Revenues $ 10,000 $ 638,206 EXPENDITURES 510.000 Principal Payments 0 130,000 Principal Payment Due In 2008 515.000 Interest Payments 511,700 508,206 Interest Payments Due In 2008 660.000 Trustee Sweep Fees 0 0 U.S. Bank Does Not Charge Sweep Fees ITotal Expenditures $ 511,700 $ 638,206 Excess /Shortfall $ (501,700) $ 325.001 Net Capitalized Interest Carryover 501,700 0 Capitalized Interest Set-Up Through November 2007 Net Excess /Shortfall $ - $ NroM WA W B.4 : NN PM;:::t0u" 2 M Propo��d Du l 304]1008 NN Pmp6��d DMI S1N[. (2006( Fund DudpN 30473006 116/300] I96 PM 161 1A3 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 23, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District Port of the Islands Community Improvement District has submitted the following items: a. Minutes of the meeting held March 9, 2007. Thank you lspecial \special Misc. Crrr S. Date.- J — _ tem #_ (U J- I� 161 lA3 Port of the Islands Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 796 -0623 fax April 17, 2007 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held March 9, 2007 and Approved April 13, 2007 From: Calvin Teague District Manager Enclosed for your records is the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753 -5841. Cc: For information purposes only: Clerk of the Circuit Court c/o Mr. Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 1ms 161 1A3 PORT OF THE ISLANDS LANDSCAPE INSPECTION September u, 2006 � NEXT INSPECTION ArrENDINC: OCIOBER 9, aooG AI' BOB SOTO — SOTO'S LAWN SERVICE a 3'3O P M MICHAEL LACKEY — OLM, INC. CATEGORY I: MAINTENANCE CARRYOVER ITEMS N/A CATEGORY II: MAINTENANCE ITEMS 1. Front entrance: Recommend maintaining small buffer behind hedgeline on right side of entrance, controlling weeds and maintaining leaf buildup. 2• Front entrance: Recommend removing dead wood from Seagrapes, re- fertilizing Seagrapes in this area trying to get them to flush for a buffer from boat storage area. 3• Along parkway: Maintain all tree wells around base of palms, adding tree rings around palms that do not currently have them. 4• Schedule tree /shrub fertilization of all plants throughout site. 5• Schedule turf fertilization of all turf areas throughout site. 6. Begin scheduling applications of weed control throughout turf areas. 7• Recommend changing out 2x4 that is broken on large Oak, removing if no longer needed or replacing. 8. Throughout center islands along Newport Drive: Make sure crews are properly rolling outside edges; do not box shear plants. 9• Center island at entrance: Recommend rejuvenation ally pruning Oleanders, controlling scale on plants. 10. Front monument sign: Control heavy weeds in base of Junipers. 11. Remove dead Pittosporums and dead wood from other plants in bed areas at front entrance. 12. Front entrance: Recommend installing mulch rings around base of uplighting to make sure mechanical equipment is not damaging these. 161 1 A 3 CONSTITUTE A COMMITMENT TO LEND AND IS SUBJECT'ro CREDIT APPROVAL. IF THIS OFFER IS NOT ACCEPTED BY PORT OF THE ISLANDS COMMUNITY DEVELOPMENT DISTRICT ON OR BEFORE APRIL O6, 2007, THE OFFER WILL EXPIRE UNLESS EXTENDED BY THE BANK. We sincerely appreciate the opportunity to serve Port of the Islands Community Development District and look forward to hearing from you. If you have any questions please call Shawn Sackman at (954) 765 -7391 Sincerely, Shawn Sackman Assistant Vice President SIGNED AND ACCEPTED THIS DAY OF , 2007 Port of the Islands Community Development District M AS ITS: 161 1 U MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, March 9, 2007 at 10:00 a.m. in the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Ted Bissell Chairman Dale Lambert Vice Chairman Norine Dillon Secretary Richard Gatti Assistant Secretary Richard Ziko Assistant Secretary Also present were: Cal Teague District Manager Dan Cox Attorney Ron Benson Engineer Robert Edge Field Operator Tom Mack Staff James Shucart POI Hotel & Marina Ron Barrows Resident Sue Beck Resident Tom Bradshaw Resident George Cramer Resident Larry Kane Resident Mary Ann Kane Resident Jean Kungel Resident Mary Lloyd Resident David Melberg Resident George Ricci Resident Tom Weis Resident FIRST ORDER OF BUSINESS Roll Call Mr. Bissell called the meeting to order and Mr. Teague called the roll. March 9, 2007 161 1 A3 Port of the Islands C..,. EIGHTH ORDER OF BUSINESS Supervisors' Requests Mr. Lambert stated the county is going to present a proclamation to Mr. McKay in honor of Ms. Patricia McKay for all the landscaping work she did on the median near Route 41 at their Commissioners' Meeting on March 27, 2007 at 9:00 a.m. The meeting will be held at 3301 East Tamiami Trail, Building L on the third floor for anyone who is interested in attending, and they usually handle proclamations early in the agenda. This information is included on our new website. Ms. Dillon asked are we going to hold a small ceremony? Mr. Lambert responded there has been talk of a small memorial and an anonymous donor is going to design a plaque, but we are still trying to determine where we are going to-locate the plaque. Mr. Bissell stated the county said they were going to put it near the bridge area. Mr. Lambert stated the county does not want it in the median and I do not believe the DOT is going to allow us to put it on the bridge. Ms. Dillon asked can we put it within our plantings? Mr. Lambert responded this is what 1 am looking at for lack of a better place. SECOND ORDER OF BUSINESS Approval of the Minutes of the February 9, 2007 Meeting Mr. Bissell stated each Board member received a copy of the minutes of the February 9, 2007 meeting and requested any additions, corrections or deletions. Mr. Lambert stated on Page 32 under the fourth order of business in the first line, Orchid Cove should replace work code. On Page 39 in the fourth paragraph, permitted should replace per minute. Ms. Dillon stated on Page 8 in the fourth line from the bottom, $422,000 should replace S22,000. On Page 16 in the ninth paragraph, 60 should replace six. On Page 17 in the last paragraph, water should replace border. On Page 19 in the sixth paragraph, and paving should replace u pavement. On Page 27 under the third order of business, (continued) should be deleted. On Page 29, SIXTH ORDER OF BUSINESS should be deleted and replaced with Discussion of Open Items. On Page 30, THIRD ORDER OF BUSINESS should be deleted. March 9, 2007 16! 1V Port of the Islands C.I.D. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor the minutes of the February 9, 2007 meeting were approved as amended. THIRD ORDER OF BUSINESS Manager's Report A. Discussion of Use of Summary Minutes Mr. Teague stated I am not certain whether or not the Board has considered this in the past, but this is something we have gone through with almost all of our other districts. They decided to do away with verbatim minutes, and instead of looking at 40 to 50 pages of minutes, they are reduced to 10 to 12 pages. Do you wish to consider this or do you prefer to continue with verbatim minutes? Ms. Dillon responded I recall we discussed this before you came on board and was told the groups who go to summary minutes usually go back to verbatim within a short time. Mr. Gatti asked what is the issue? Mr. Cox responded it becomes an issue when people see the summary minutes and do not believe there is enough information. They cannot find a happy medium between a true summary and verbatim. Mr. Gatti asked who are you referring to? Mr. Cox responded I am referring to most Boards of Supervisors I worked with who have done this. Mr. Ziko asked will this amount to a large cost savings? Mr. Teague responded there is not going to be much of a cost savings, but I believe it will save you time. Although I do not want to disagree with Mr. Cox, this is the only Board I have who still does verbatim minutes. The developer Boards do them because the meetings are short, but most resident Boards have gone to summary minutes. We have super summary, which I do not like, and then we have summary, which reflects all actions and motions, as well as giving a general tone of what took place. The minutes are still recorded and the Recording Secretary must go through them. It is actually easier to transcribe them verbatim as opposed listening, interpreting and recording everything, and I also supply good notes. Mr. Lambert asked how is the recording treated if you ever had to go back with a question? Is approval of summary minutes legal? 3 March 9, 2007 161 JA 3 fort of the Isrands C.I.D. Mr. Teague responded the recording itself as well as the verbatim or summary minutes are considered legal. We retain those recordings in the Coral Springs office for the length of time as required by law. I retrieved recordings from one year ago for Board members wanting to see them or for Freedom of Information requests. Mr. Bissell stated I believe we should stay with verbatim minutes. Mr. Lambert stated we can always go back to the recording. Ms. Dillon stated I believe it will be difficult to find or determine which meeting it was. Mr. Bissell stated we are not able to retrieve them. It will probably take one or more months to retrieve them. However, this is the Board's decision. Ms. Dillon asked is it possible to get both verbatim and summary minutes this month in order for us to get an idea of what will not be included? Mr. Teague stated I will speak to your Recording Secretary, Mrs. Janice Swade and see if she can do both. B. Review of Funding Options for Fire Station Property Acquisition Mr. Teague stated we still have not heard from the State Revolving Loan Fund, which typically handles infrastructure, water and sewer projects, and Mr. Benson can probably comment on this better than I can. When 1 worked in Michigan, they had a ranking system with regards to priority of need. The process is slow and usually they are looking at new treatment plants or separation of stormwater as priorities. Therefore, a small project such as this may not be eligible. Mr. Gatti stated Mr. Mack may have something to report on this. Mr. Mack stated Mr. Gatti and I met with Mr. Cotletta this morning. I also spoke to Mr. Rivers earlier this week with regards to building costs. Did you quote him any figures? Mr. Benson responded there are options for economics between erecting a fire station building with an extension to house some CID needs or erecting a separate building on the property. There are potential savings if you built a structure together, and I believe an architect should advise you on key issues with regards to space needs. A new building requires a certain amount of square feet depending on the occupancy you want the building rated at. You must also build public restrooms with a certain number of stalls, depending on public usage as well as occupancy. There is obviously quite a bit of structure which must be built separately. If you build it as an additional space onto another building you have a couple of opportunities. First of 4 March 9, 2007 161 1 A3 Port of the Islands C.I.D. all, there may be joint use of some space. For example, if you build a room this size or larger which may hold CID meetings. perhaps the fire district will also have potential use for training rooms, and we can ask them to share the cost. With regards to restrooms and other accessory uses such as kitchen areas, those costs may also be shared. However, when you are erecting a structure for housing fire engines and large trucks, a much higher ceiling height may be required, and as you are architecturally adding on, a stand -alone building may not be as economical. There are other issues relating to safety codes and different types of fire ratings. For example, the fire station's height and structure will have to meet a potentially higher standard with regards to life safety issues, whereas the other building may not have to meet the same codes. Mr. Lambert asked do you have an estimate? Mr. Benson responded I am not certain of the exact size. For example, if you are looking at a room and occupancy for these types of meetings in which the chairs are set in rows, you probably need at least 10 square feet per person. If you are looking at a room in which you are also going to set up tables and chairs, you probably need at least 15 square feet per person. Therefore, if you are looking at a room which may house 100 to 150 people, you will have to use some of those factors to determine the room size, as well as adding accessory uses such as the restrooms. A stand -alone building will probably require approximately 2,000 square feet. The cost of construction for those types of buildings in this area is approximately $200 to $250 per square foot. You need to determine the potential savings based on the size of the building as well as the different uses. For example, if you spend $500,000 to build an addition to another structure for the fire station, you may potentially save 20% to 25% because of some common features. There is also the potential of cost sharing for the joint use of some buildings. The community may eventually want this building for other uses. There is enough room on the land to erect a larger building at some point in time. Again, I am not certain what the community is looking for. Mr. Mack asked are you talking about $500,000 for the building itself? Ms. Dillon responded we also need to add maintenance. Mr. Mack stated I discussed with Mr. Gatti and Mr. Colletta where we stood on cost structure. He told us you can own half the property and raise one -third of the money, which will be a red flag to the manager. He believes the county may erect and own the structure, and give us priority use. We will still raise one -third of the cost, but be given priority use which will be 5 March 9, 2007 1611 1A3 Port of the Islands C.I.D. determined by Mr. Cox. A children's playground will also be included. We believe this is the most feasible way to proceed. Ms. Dillon asked who will be responsible for liability? Mr. Mack responded the county will be responsible. Mr. Ziko stated I understand the county leases parks in Naples to non - residents. How are we going to handle this? Mr. Mack responded all of this must be included in the contract. The fact that we are putting the money up front is attractive to the county. Ms. Dillon asked what money are you referring to? Mr. Mack responded I am referring to one -third of the deposit. Ms. Dillon stated if they are going to own the property, why would we want to give them one -third of the price? Mr. Mack responded you would do this to make them more interested in building the structure which they would own. Mr. Ziko asked are they incorporating this into the fire station? Mr. Mack responded the county will handle this. The one -third deposit which we will raise for this project ensures us priority use for the building, even though the county will maintain it. Mr. Lambert stated the additional cost for the extra room will cover the property which we already agreed upon with no additional costs. Ms. Dillon asked are we going to purchase the property and pay one- third, and is the county going to pay to erect the building? Mr. Mack responded that is correct. Mr. Ziko asked are they separating this out between the county, fire district and EMS? Mr. Mack responded they are trying to combine these entities. Once this happens, the county will own the building. We will own one -third of the property. Since we are investing in this project, we will have priority use of the building. Ms. Dillon stated we purchase the property for approximately $200,000 with the county and they build and maintain the structure, and in return we get use of the room. Are we authorized to furnish this room? Mr. Mack responded absolutely. 0 March 9, 2007 16! 1 A3 Port of the Islands C.I.D. Ms. Dillon asked what if someone wanted to rent the room for a major social function such as a wedding? Mr. Mack responded this is up to the county. Mr. Lambert stated I believe there will be some restrictions. I do not believe alcoholic beverages can be served. Mr. Ziko asked will we have a tax liability? Mr. Mack responded no. This is the only way I can see us getting involved. Ms. Dillon stated I am looking for negative aspects. Mr. Lambert stated one negative aspect is the problems occurring at the weir on the weekends. This will not be attractive for those who use the playground and picnic area. Mr. Mack stated the playground is for community members only. Ms. Dillon asked can we disallow the playground? Mr. Mack responded yes. Ms. Dillon stated I personally do not want a playground. Mr. Ziko asked is the county going to be responsible for maintenance liability? Mr. Mack responded this is correct since the county is going to own all of the fire stations. Mr. Mack stated we read in the paper this morning the county may experience a $180 million shortfall. If this happens, there will be no fire stations. Mr. Colletta asked Mr. Gatti and me to put together a letter stating this in order for him to follow up on it. Ms. Dillon asked should Mr. Cox get involved? Mr. Mack responded it is not a legal matter, but a statement of intent. I believe this is the best way to proceed. Although there are small issues we have to work out along the way, I am certain Mr. Cox will become involved when there is a contract. Mr. Bissell asked is a motion required? Mr. Cox responded you may want to do this by motion in order to substantiate your intent in the minutes. Mr. Bissell asked how should the motion be expressed? Mr. Gatti responded we owe Commissioner Colletta a letter which outlines Mr. Mack's discussion with the Board in order for him to proceed through the manager. The letter should state what is being proposed. In other words, the letter must be framed for his use. 7 March 9. 2007 Port Jt§e C LDA 3 Ms. Dillon stated the letter should indicate the Board approves going forward. Mr. Gatti stated the letter will be signed by Mr. Bissell at the consensus of the Board. Mr. Cox stated the letter should state the project is good for the community and if the county reaches a certain level of commitment, we will obligate ourselves to the remainder. Mr. Gatti stated Mr. Colletta was looking to present attractive aspects to the county Board. The recommendation of a park opens this up as a positive aspect for the Board. He is not necessarily suggesting we have a park, but raised it as a possibility. Mr. Cox stated I believe Mr. Benson can speak to this, but 1 believe there is not going to be room for a park by the time we install the associated drainage for the fire station and community center. Mr. Mack stated the park will not be large. Mr. Benson stated I believe the county is trying to allocate resources in order to meet different goals, one of which is for parks. Mr. Gatti stated this is the whole purpose. I believe this may be attractive across the street because of the fishing. Mr. Ziko asked can we indicate what the county wants to hear in the letter? Mr. Cox responded the best way to proceed is for Mr. Mack to write what he just discussed with the Board and give it to us to review and make any necessary changes. Mr. Mack stated Mr. Gatti and I will handle this. Mr. Ziko asked is there a timeframe? Mr. Mack responded the last E -mail I received through Mr. Bigelow was from Mr. Somers who was looking for a 30 -day extension to put his proposal together three weeks ago. Therefore, he is due to come out with a proposal from EMS. 1 spoke to Paul last week and he already added the fire station to the 2007 budget. There is a major power struggle going on between EMS and fire personnel, which Mr. Colletta addressed. We are trying to prevent this situation from escalating since he wants to have everything in line. Mr. Ziko asked how is EMS funded? Mr. Cox responded EMS is funded through general revenue funds and is one of the few entities courts have found which do not meet the special benefits to be funded by special assessments. Since fire departments are eligible, the funding mechanisms are different. If you allocate more to EMS, you must pay it through general fund revenues from property taxes. I k March 9, 2007 16[ iA3 Port of the Is ands C.I.D. believe police, fire and EMS functions are going to be combined under a single public safety entity which will challenge the special benefits in order for them to fund it for special assessments if the state turns to property tax revenues. Counties and cities are going to be looking at special assessment funding mechanisms for special districts as lost revenues. On MOTION by Mr. Lambert seconded by Ms. Dillon with all in favor Mr. Mack was authorized to draft a letter to Collier County committing the District to fund one -third of the property cost with Collier County and the fire district for the fire station property subject to review by the Board, the attorney and the District Mr. Teague stated I have two items for consideration. The first is a short-term, tax exempt bond through the Florida Local Government Finance Program for approximately nine months. The cost of issuance is included and you can borrow $500,000 which is what we were discussing at the last meeting. The six -month interest rate is 3.59 %. The other option is a three - year loan for $500,000 from SunTrust at 5.46% as of March 6, 2007. The cost of issuance is similar and this is also tax exempt. The only advantage is SunTrust offers a longer term on the loan. Mr. Bissell asked can we prioritize our projects and delay something we have been working on in order to proceed? Mr. Benson responded there are many projects we have been putting out to bid and trying to fit everything in with the funding. Ms. Dillon asked do we also have to come up with $500,000? Mr. Mack responded you may have to come up with the full amount in the interim until this goes through. We hope to have an answer by then, so we do not have to be concerned about it. Ms. Dillon stated we may have to come up with $500,000 and seek reimbursement by the government at some point. Mr. Mack stated we also have the option for a long -term lease with the fire and EMS departments. 9 March 9, 2007 161 1 A3 Port of the Islands C.I.D. Mr. Teague stated you have $500.000 in your reserves, which is going to take away from other projects. According to the cash flow anal vsis we did last month, your reserves are going to run out. Ms. Dillon asked when is this going to occur? Mr. Teague responded 1 believe you have enough to get through this fiscal year if you delay other projects. it. Mr. Ziko asked how soon will we be reimbursed? Mr. Mack responded you should be reimbursed as soon as the County Manager approves Mr. Ziko stated this is going to be for a short term. Mr. Mack stated I believe we are looking at six months. Mr. Teague stated you can cover it for six months, but you do not have the $200,000 if you keep all of the projects on the books. You really do not have enough funding for everything you are currently committed to. Mr. Bissell stated perhaps we should prioritize again. I do not like to borrow money. Mr. Lambert stated sometimes we do not have a choice and I think we are in a situation in which we have to proceed. Mr. Ziko stated 1 wonder if SunTrust is going to be able to do this quicker than the other one. If we rely on a government loan proposal, we may not be able to do the fire station. Mr. Teague stated SunTrust can turn this over fairly quickly. The other advantage to SunTrust is that it is a three -year loan as opposed to a maximum of nine months. notice. Mr. Ziko asked is there a prepayment penalty? Mr. Teague responded I believe there is. Ms. Dillon stated we have to give them 30 days' written notice. Mr. Teague stated there is no prepayment penalty as long as you give them 30 days' Mr. Ziko stated once the county reimburses us, we can pay it back. Mr. Lambert stated the problem with the Florida Local Government Program is the length of time it may take and the fact we may not even get it. We have these projects planned, but we are slow in getting them executed and completed. As a result of this lag, I believe we can spend $200,000, or at least enough to continue paying the loan. 10 161 1 A3 March 9, 2007 Port of the Islands C.I.D. Ms. Dillon stated we really have to borrow $500,000. Mr. Lambert stated at least two - thirds of this amount will be reimbursed to us in a reasonably short period. Is this an option for the water treatment plant in the future? Mr. Teague responded yes. Mr. Lambert stated I believe this is a better option than going out for another bond. Mr. Teague stated it is used primarily for short-term financing until a bond gets in place, with a maximum of nine months. Mr. Ziko asked although we are considered somewhat of a municipality and the interest rate of 5.96% is fair, is it possible to contact another financial institution for competitive rates? Mr. Teague responded we can do this. Mr. Cox stated I had a few other districts refinance over the past year and the rate was consistent. I believe one district reduced their rate last June to 5.75 %. However, interest rates have increased since this time. Mr. Ziko stated if these people are willing to deal with us, we may save a lot of frustration. Mr. Teague stated the rate as of March 6, 2007 was 5.46 %. The formula is comprised of 67% of the three year Federal Reserve H -15 swap rate plus 250 base points. "Typically, they take a blended rate of the Federal Reserve funds. Mr. Cox stated you may be better off looking at the three -year financial arrangement since you are considering approximately $375,000 to build the addition or $500,000 to build a stand -alone building, in addition to your third of the $545,000 for which you are going to have a long -term obligation. Ms. Dillon stated for clarification, if we put up the building we are not liable for it. Mr. Mack stated that is correct. Mr. Cox asked what about the additional classroom space? Mr. Mack responded this will be incorporated into the fire station as one building. Mr. Cox stated you are looking at $185,000. Mr. Ziko asked have we established a firm price for the property'? Mr. Cox responded he indicated in the letter they are not willing to negotiate the price. Mr. Ziko asked what is the price? March 9. 2007 1101okelslandIC.1 . Mr. Cox responded it is approximately $545,000 which includes more than 91,000 square feet. We were referring to approximately 2,500 square feet which was the conservation easement. Mr. Bissell asked are they giving us the ERCs? Mr. Cox responded no. The asking price with ERCs was approximately $1 million. Mr. Lambert asked does anyone know how much they are asking for the other property across the street? Mr. Cox responded he indicated property on either side of the road with ERCs is worth more than $1 million. Mr. Lambert stated he thinks the smaller property is worth as much as the larger one. Mr. Cox stated either one will accommodate the uses he has in mind. Mr. Lambert asked are negotiations closed? Mr. Cox responded his letter indicates he is not prepared to discuss it. As 1 understand, he has not thought about it. Mr. Lambert stated perhaps you can speak to him again. Mr. Cox stated we can definitely try. Ms. Dillon stated the easement land cannot be built upon. Mr. Cox stated you have requirements in your land development code in which 25% of a site must be open space. Therefore, this conservation easement as well as your landscape easements along Route 41 will be applied to your open space calculations. As a result, you are not losing anything. Mr. Bissell stated perhaps Mr. Teague can look into any other options such as a local privately -owned facility since they are usually cheaper for businesses than the larger financial institutions. Ms. Dillon asked do we want to pursue this loan? Mr. Bissell responded there is no hurry if we are going to pursue it privately. Mr. Cox stated you basically have a commitment letter from SunTrust. Mr. Ziko stated although the commitment letter is for $500,000, we will have to increase it by approximately $50,000. Ms. Dillon asked why? Mr. Z,iko responded the land costs $545,000. 12 March 9, 2007 Port of the Isla nds C.� A 16 3 Ms. Dillon stated we can take some funds from reserves. Mr. Cox stated there will be some closing costs associated with the deal which will increase the price to approximately $560,000. Ms. Dillon stated it depends on how quickly we get a response from the county. Mr. Ziko stated we still have to proceed. Mr. Cox stated if you decide to delay signature of this commitment letter, SunTrust will restate your commitment after 30 days with a different interest rate if it changed. The only issue I was dissatisfied with was security for water and sewer revenues since I prefer a special assessment. However, Mr. Teague and I can handle this. Mr. Lambert asked is this the only negative issue you detected? Mr. Cox responded that is correct. Ms. Dillon stated we can use it for capital improvements even though it states it is for the water and wastewater treatment plant, and the existing funds for capital improvements will be used to purchase the property. Will this pose a problem for the bank? Mr. Cox responded if the SRP funds the water and wastewater projects in this part of the state, their interest rate will be better then either of these two which is a competitive issue. They are also going to look at all of your other income sources. Mr. Benson stated our largest future project is a new water treatment plant, for which we will likely try to do an inside loan. If it is a large enough dollar amount requiring substantial time and expense to go through the process, I believe we will have a better chance to get it. If we do in two years, we are not certain what the funding availability and competition is going to be. letter? rate? Mr. Lambert asked is a motion required to determine whether or not we want to sign the Mr. Cox responded a motion is required if you choose to sign it now. Mr. Lambert asked is the risk of not signing it now the possibility of a higher interest Mr. Cox responded this is a possibility, and you are looking at approximately 150 days before you are going to have to raise cash. Mr. Ziko stated I thought it was 90 days. 13 March 9, 2007 Port of4slaids C. I Mr. Cox stated I will need an additional $15,000 in escrow at the close of the inspection period which is May 21, 2007, and the final closing date is August 20, 2007. Mr. Ziko asked can he sell the land to someone else in the meantime? Mr. Cox responded he cannot do this since we have a contract. Mr. Mack stated 1 believe it is important to proceed quickly since Chief Wilson is prepared to build a temporary station as soon as we take ownership of the property. Mr. Cox stated it is possible to close sooner. Ms. Dillon stated we need to move forward on this as quickly as possible. Mr. Bissell stated we do not need to move forward on the loan. Ms. Dillon stated I agree with you, but we should proceed on the property purchase. Mr. Cox stated we have the contracts in place. I reviewed the title and there are a couple of issues which I want to get a better understanding of. However, I do not see anything objectionable to the title. There is one issue which should have been handled, but it is so outdated, I believe it can easily go away. The developer granted a blanket easement to the telephone company over this entire District installed anywhere on your property. Under this easement, a telephone line can be Mr. Teague stated the easement does not define anything specific. Mr. Bissell stated I thought it was going to cost a little more than $400,000. Mr. Cox stated the amount did not include the conservation area. The other benefit of closing on the property faster is being able to work on your signage issue. Mr. Lambert stated there is not much to be gained by waiting. Mr. Ziko stated I believe we should proceed. Mr. Bissell stated it does not make sense to borrow the money or commit to it if we are not going to spend it. Mr. Cox stated the only reason we wanted to wait 90 days was to ensure the county concurred. If we get the letter out fairly quickly, we should have an answer within 60 days. Mr. Lambert stated we can wait until we get an answer from the county and still have time to process the loan and make our closing when we want to. Mr. Bissell stated this should close in one day. Ms. Dillon stated this should not be a problem if we use SunTrust. Mr. Lambert stated we must ensure the loan gets processed. 14 March 9, 2007 ahead. 161 1A3 Port of the Islands C.I.D. Mr. Mack stated if you are definitely purchasing the property, I recommend you move Ms. Dillon stated I agree with you, but I believe we can proceed without committing to the loan. Mr. Ziko stated this is a $500.000 loan which is probably going to run at 5.50 %. Therefore, you are looking at approximately $2,000 per month to carry this loan. However, we must ensure we are getting it. Mr. Cox stated there is a draw period. and you do not start paying interest until you start withdrawing funds. Ms. Dillon stated we must process the loan in order to receive the up -front money. Mr. Cox stated that is correct. Mr. Teague indicated he can potentially get letters from more banks in order to give you additional options. Mr. Lambert asked can you do this for the next meeting? Mr. Teague responded I will do this. Mr. Bissell stated perhaps the county will give us some feedback. Does Mr. Colletta talk from the top of his head or does he get in with the County Manager? Mr. Cox responded 1 am impressed with Commissioner Colletta. Since he was elected, I have come to respect him. Ms. Dillon asked what else needs to be done other than sending the letter? Mr. Teague responded additional funding options will ready for the next meeting. C. Field Manager's Report Mr. Teague stated I have OLM's review. According to Mr. Dick, their contract expires in March, which will be the last inspection. Perhaps you want to consider renewing their contract. Would you like someone from OLM to attend the next meeting to discuss the advantages of renewing with them? Mr. Dick will also attend. Mr. Bissell responded with regards to some of the irrigation issues which I have worked on with Mr. Dick and Mr. Edge, I do not believe we are getting our money's worth from this company. The problems they were supposed to resolve still exist. It appears nothing was done. done. Mr. Lambert stated I agree we are not getting our money's worth. Mr. Teague stated I believe they were contracted to do six inspections, but only five were 15 March 9. 2007 16 I A3 Port of the Islands C..D. Mr. Lambert stated we had six inspections during the year, but I expected at least two to be scattered through the remainder of the year. Mr. Teague stated it appears they were doing inspections every other month. Ms. Dillon stated they did inspections in September, October, November and January. When will the next one occur? Mr. Teague responded it will occur in March. Ms. Dillon asked when is the next one? Mr. Teague responded I need to discuss this with Mr. Dick because he told me this is the last one. However, it appears there were only five inspections. Mr. Lambert stated perhaps we should schedule the last inspection in three or four months at the onset of the rainy season. Mr. Bissell asked can you ask Mr. Dick to go over this report with Mr. Soto in order for him to determine whether or not these issues were handled? Mr. Teague responded the March report will reflect what was done from the January check list. If something is not done it is reported as an open item. For clarification. we are not going to renew the contract, and if there is a sixth inspection we will push it back several months. Ms. Dillon stated we want to go through the rainy season in order to see how the plants do. Mr. Teague stated I also distributed two invoices. One is for median maintenance from Soto in the amount of $l, 750 per month, in addition to your existing bill. The other invoice is for repair of the sod around Newport Drive. Both are estimates. Ms. Dillon asked is the sod repair on Newport Drive due to the paving? Mr. Benson responded I have not heard of this because on one item the contractor who is paving requested an extension to do the sod installation since cold weather damage on the sod made it more difficult to obtain. He said it may take time to obtain good sod at a reasonable price. Ms. Dillon stated since it is an estimate, I believe we should wait on this one until we see what the contractor does. Mr. Benson stated I am not certain what sections he is planning to do under his contract, but some of this may be the same sod. 16 March 9, 2007 161 1 A3 Port of the Islands CI-D. Mr. Ziko stated most of the west side of Newport Drive needs approximately 2' of sod all the way down to where they pave. Mr. Benson stated I believe most of this is the same sod which may be covered already. Mr. Teague stated the other invoice is for a contract increase with Soto in the amount of $1,750 per month, for a total of $21,000 per year. He has broken it down to mulch at $3.000_ fertilizer at $3,200; pest control at 2,800; and monthly maintenance at $12,000. They are all considered annual fees in anticipation of using these services. Mr. Bissell asked is the first year already paid for other than mowing? Ms. Dillon responded that is correct. Mr. Lambert stated issues may arise with pest control. Ms. Dillon stated you also need some growing time. Mr. Lambert stated it probably involves some mulch replacement, along with maintenance to ensure it looks good. Ms. Dillon stated I personally believe we have to remove some of those plants when they grow. There are so many plants in the median and when they start to grow, it is going to look like a jungle. Mr. Edge asked who is currently maintaining the median? Mr. Lambert responded Soto is supposed to be maintaining it. Mr. Edge stated I do not believe it is being watered properly. I rode out there yesterday and today, and it appears some of the grass is dying around there as well as on Union Road. I also cannot get to the box which controls the sprinklers. Mr. Lambert stated you should have a key. Mr. Soto has the keys and he was supposed to bring one back. Mr. Edge stated he may have brought one back, but did not give it to me. 1 am concerned a lot of money was spent on the median, and I am certain it is not getting watered, since it does not take much to grow grass. Mr. Lambert asked who works with Soto? Mr. Teague responded Mr. Dick works with them. Mr. Edge stated I need to discuss a couple of issues with Mr. Dick. Mr. Lambert stated perhaps you can speak to him today. Mr. Ziko stated there should not be a problem since the system was set up with a timer. 17 March 9. 2007 161 1A3 Port of the Islands C.I.D. Mr. Lambert stated it is supposed to be watering more often than normal to get the new plants settled in. Mr. Edge stated according to our SFWMD permit, we are not supposed to be watering at all right now because there is not enough water going over the weir and it is currently at least F below the weir. Ms. Dillon stated I believe these restrictions do not apply to new plantings. Mr. Cox stated that is correct. Mr. Edge stated the water level is below the weir and if I remember reading the permit correctly, it talks about no watering or no actual use of it. Mr. Cox stated there may also be some saline problems. Mr. Bissell asked has everything been checked out in order to ensure all of these cycles are working properly? keys. Mr. Lambert responded the county sent someone out to repair the damage. Mr. Bissell asked do we know whether or not it is working? Mr. Edge responded 1 will call Soto today. Mr. Lambert stated you should have a copy of the drawings back there as well as the Mr. Edge stated although I do not recall seeing the keys, 'I have the drawings and 1 will determine what is wrong. Mr. Lambert stated you should be able to open the box and determine whether or not everything is working properly. Mr. Teague asked do you want to amend this contract to include the median work? Mr. Bissell responded I believe we have to, but I question the mulch and fertilizer for this first year. They fertilized once per year in October through the HOA. Mr. Lambert asked are his rates the same? Ms. Dillon responded that is correct. Mr. Teague stated some of this work is not going to be done right away over 12 months. Mr. Bissell stated we do not need mulch for the first 12 months. Mr. Lambert stated the area needs to be mulched two times per year. 18 March 9, 2007 161 A3 Port of' the Islands C.. . On MOTION by Mr. Lambert seconded by Ms. Dillon with all in favor the amended contract from Soto's Lawn Service. Inc. to include the additional work at the median on Route 41 in the amount of $21,000 was approved. Ms. Dillon asked did you get the warranty issued for Campbell Roofing? Mr. Edge responded they gave us a three -year warranty and they are done with the job. Ms. Dillon stated it looks good. Mr. Lambert asked are we finished with the lime sludge hauling? Mr. Edge responded there are approximately 10 to 12 loads remaining. They were delivering this material to Orchid Cove and charging $500 per load. I spoke to him about it, after which he gave us a small discount. I stopped him at 12 loads since I can do this cheaper. I wanted to discuss it with you today since Orchid Cove wants to use the material for construction. Ms. Dillon asked can we sell it to them? Mr. Edge responded I prefer getting rid of it for free, if you have no objections. Mr. Lambert asked do you load the truck? Mr. Edge responded we have a dumpster to get rid of it, as long as you do not object to us taking it there. Mr.Liko asked can they take it from us? Mr. Edge responded I have no objection since this will be easier for me. Ms. Dillon stated he is probably charging them a delivery fee. Mr. Bissell stated we will give it to them if they pick it up. Mr. Lambert asked are they using it as fill? Mr. Edge responded I believe they need some fill dirt which is already on the site somewhere, and they will have to dig it out of the ground. They want to use this material to fill the hole back in and cover it up. Mr. Lambert asked can we use some material at the southeast corner of the property in order to clean the area if appropriate? Mr. Benson responded although it is not true building material, it can be mixed. Mr. Edge stated I can try to use it, but there is better material around. Mr. Bissell stated perhaps we should tell Mr. Edge to get rid of this as economically as possible. 19 March 9, 2007 Port oPtlLe 11ands . D. Ms. Dillon stated perhaps he can ask Orchid Cove to pick it up. Mr. Bissell asked when is your assistant going to start? Mr. Edge responded he is working for me as of today. Mr. Bissell asked when will he start on a full -time basis? Mr. Edge responded he will start on a full -time basis as of next week. Mr. Lambert asked do you have a list of things for him to take care ot? Mr. Edge responded he is pressure - washing the irrigation station today. SIXTH ORDER OF BUSINESS Discussion of Open Items Puma Repairs Mr. Edge stated Mr. Dick and I spent some time down there last week doing some investigation, and determined we can handle much of the work. We already have some parts and ordered the rest which were delivered. Therefore, we are going to put the estimate from Bob Dean Supply aside until we believe we need them. Mr. Lambert asked are we going to proceed with the work? Mr. Edge responded I actually started the work. I changed out the pressure gauges, and I am going to change some valves and pressure switches next Monday or Tuesday. I believe we can get everything to work. Our electrical department ordered an electrical device which should get all of the pumps working. We will install it after which we should know if anything needs to be rewound. However, three of the four pumps currently work. I just have to add pressure to make it work properly. Most of this will be done by the end of next week. Once everything is done, I am going to have it painted. Mr. Bissell asked how are we doing with the DEP inspection and report? Mr. Edge responded we are almost done with the deficiencies on the report. The only issue which is not complete is the rust and deterioration on the motor at the water treatment plant. Mr. Bissell asked when is this going to be complete? Mr. Edge responded we need to let DEP know when the job will be done by April 6`h Everything else is done with the exception of the rusty hose. We will handle both issues with the water treatment plant at once, but we will have to work with Mr. Benson to determine what needs to be done. Mr. Lambert asked are you referring to the top of the water plant? 20 16! 1A3 Match 9, 2007 Port of the Islands C.I.D. Mr. Edge responded it is part of the cat walk. Mr. Benson stated we have been internally aware of the items on their list, and they have been mentioned in various reports and grouped together as issues which require attention. Most cleaning, painting and patching were already taken care of by Mr. Edge. We can expect to have more of these issues as this plant continues to reach its useful life, and Mr. Edge is on top of this. They must also do their best to stay ahead of the DEP inspector. However, we will not be able to keep patching and painting as the facility reaches its useful life. We postponed replacement of the facility until necessary, and I believe the timeframe is five to 10 years, which is on the horizon. Mr. Lambert asked can we get this repaired to the satisfaction of DEP? Mr. Edge responded DEP wants a statement declaring what is going to be done along with a time[rame. I already drafted a letter to them, but did not bring it to the meeting since it is not done. Mr. Bissell stated Mr. Dick told me this would be done as of today's meeting. Mr. Edge stated the welding definitely could not have been done because we had so many other issues on the list from DEP which also had to be handled. Mr. Bissell stated I thought this work had to be done by a certain date. I also thought we did not send a letter to them until all work is complete as opposed to telling them when the work will be done. Mr. Edge stated I am not certain we can get this done by the time our response letter is issued to DEP. However, the letter will state an approximate completion date because we must determine who is going to do the work since Severn Trent does not have a welding service. We do not have high beam welding capability which is necessary to stabilize it. Therefore, we will have to find someone specializing in this type of work. Mr. Bissell stated the gentleman from DEP who called me believed this was a high priority item which should be handled immediately. Mr. Edge stated he fears the same thing is going to happen here which happened at a plant on Marco Island. However, I disagree since I am here everyday. I am concerned it needs to be repaired, and we will do everything necessary to do so, but I do not believe it is going to fall through within a short period of time. Our plant is different from the one on Marco Island. 21 March 9, 2007 Port o1he IsInds J.D� 3 Their system is more complicated. We have a more simplistic operation at this plant, and we just need a welding company who can handle this work. Mr. Bissell stated I will be following up on this item. THIRD ORDER OF BUSINESS Manager's Report (Continued) C. Field Manager's Report (Continued) Mr. Ziko stated I understand you replaced the Stop sign. I noticed over the past month the speed limit sign disappeared from Cays Drive. We need a speed limit sign since people are driving too fast on Cays Drive. Mr. Edge asked is the speed limit 25 miles per hour? Mr. Ziko responded that is correct. The sign at the entrance is gone. There is one on Stella Maris Drive, but nothing on Cays Drive. it. side. Mr. Edge asked what is the exact location? Mr. Ziko responded it was located just before Stella Maris Drive. Ms. Dillon stated we probably need one closer to Route 41 since Cays Drive is closer to Mr. Ziko stated I believe it is approximately 150' south of the monument on the right Mr. Edge stated I will take care of it. The Collier County Pollution Control also performed an inspection in February, which went well. Everything passed according to their standards. We hauled 122,000 gallons ol' sludge from the wastewater treatment plant this past Saturday since it was necessary. However, we have been having issues with sludge hauling at the wastewater treatment plant ever since I have been here for a few reasons, one of which is both of our land application sites which were permitted by the DEP have closed for unknown reasons. This means we were unable to haul to those sites. For a while, we were using Jaycee Drain Fill to haul a limited amount to a Collier County plant each month. 1 continued using this since an agreement was made to do so. However, we got cut off from doing this approximately one month ago which put us in a dilemma in which we were unable to get rid of the sludge. We contacted Centigrow Residuals Management Company since they specialize in hauling large quantities at a time. There are advantages and disadvantages to this. It costs $5.6 cents per gallon to process it because you have to get rid of 122,000 gallons at one time. The total amount is $7,000 to haul sludge, which is only going to take place once every six to 10 months. 22 161 1A3 March 9, 2007 Port of the Islands C.I.D. Mr. Ziko asked do they haul it on a fleet of trucks? Mr. Edge responded it is put through a large centrifuge which spins the sludge out. The clear water goes back to the plant and the sludge goes into a large dump semi - trailer. It is then hauled to Okeechobee Land Fill for dumping. There are less regulations and testing to be concerned about at a landfill. You have to take care of at least 100,000 gallons in one shot which takes 16 hours. Although we can no longer haul sludge to the Collier County plant, they were charging 10 cents per gallon. Therefore, we are saving a considerable amount of money by doing it all at one time, every few months. I believe it will be eight months or more before we have to do this again. Mr. Ziko asked do we have the ability to store it on site? Mr. Edge responded we are already doing this. I am taking as much as possible to the other plant which we are not using, and when I cannot do anything else with it, I get rid of it. it. Mr. Teague asked are they bringing the centrifuge to the site? Mr. Edge responded they bring the centrifuge on site along with three semi - trucks to haul Mr. Lambert asked was a certain amount of sludge figured into the plant management contract? Mr. Edge responded that is correct. I just wanted to update you on this issue since it may appear we are spending a large amount of money at one time, but saving money over the long term. Mr. Bissell asked is Severn Trent saving the money? Mr. Edge responded I am not certain who is saving the money, but my understanding of our contract is if we do not spend all of the allotted funds, they go back to the community. Mr. Teague stated this cap is typical in our operating contracts. Ms. Dillon stated there is a cap on how much you pick up, and we pay for anything over the cap. Mr. Benson stated Collier County stopped removing septic and other waste material which had to be hauled from wastewater treatment plants, but they continued removing it from POI when they were taking other waste. Centigrow Residuals Management Company is using the same process for wastewater facilities in Lee County. Collier County also hauls its sludge to 23 March 9, 2007 Port of k IlandsI.I.A. 3 Okeechobee Landfill. Apparently, sludge processing, dewatering and disposal are limited in this part of the state. Mr. Teague stated they do this throughout the country. As a matter of fact, it is the largest sludge disposal firm in the country, and possibly the world. Mr. Edge stated two residents, the Taylors on Newport Drive and the O'Quinns on Newport Cay, had major water leaks on their properties a couple of months ago. I witnessed one of the leaks in which the water was not running into the sewer, but out of the seawall into the water. I want to know if it is possible to credit their sewer rate since it is a considerable amount of water. 'I hey already paid their water bills, but I told them I was going to discuss this with the Board. Mr. Ziko asked is this potable or irrigation water? Mr. Edge responded it is potable water. However, the water which was wasted ran into a lake and did not go back into the sewer vents. Therefore, they just want to determine whether or not they can receive a credit on their sewer rate for that month. Ms. Dillon asked have we done this before? Mr. Cox responded you can estimate it by using their average consumption. Mr. Edge stated I wanted to ensure this was acceptable to the Board. Mr. Lambert stated you must determine the number and send it to Accounts Payable, and they will credit the sewer portion of the bills. Mr. Edge stated we are having a pre- construction meeting with Parkson Corporation for the MBR system on Tuesday. Ms. Dillon stated I understand water loss has decreased. Did we ever determine why December was high? Mr. Cox responded it is still high. Ms. Dillon stated it decreased considerably since December. Mr. Edge stated we are installing a number of meters in Orchid Cove, which is helping. However, 1 added another column there which is called, Unaccounted -For Water. This is water I use at the plant. I run the tap water all day to ensure the drinking water is acceptable, and this includes water I use for batching chemicals together. It appears to be a large number since we use quite a bit of water over a month's time. This is just an estimate from me, but I believe it is close to being accurate. Since this does not account for the largest Toss, 1 hope it is going to get 24 March 9, 2007 16! 1A3 Port of the Islands C.I.D. lower within the next two months, especially since I started reading the meter at Orchid Cove and different places and the monthly readings have been accurate. Mr. Benson stated with regards to the new connection for the marina and boat slips, there were potential problems in the existing system which is being taken care of. This property eventually is going to have new master meter along with other things in the works which may also reduce the unaccounted -for water. Some of this may remove the loss and some of it may transfer to the other side of the meter, which covers the customers. Flushing of the water lines which DEP requires to be done was mentioned in the inspection report. How do you estimate the water amount for flushing? Mr. Edge responded this is part of the same project, but we had to physically handle the mechanical valves with the lines. The two automatic blow offs are at 150 gallons per minute when they go off. Mr. Benson asked do you keep track of this? Mr. Edge responded I know they run for 10 minutes, three days per week on each side. Mr. Benson stated I assume you do the same kind of estimation on the manual flushing. Mr. Ziko asked do you need some sort of accounting for the flushing? Mr. Cox responded you said it was included in your other account. Mr. Edge stated I have to do a spreadsheet showing use. Mr. Ziko asked do they want a date and time to physically open the valve? Mr. Edge responded I am working on this. We actually have a program with the updated material. Mr. Benson stated we prepared a map with all of the valves and came up with a procedure. Did you find those documents when you came on board? Mr. Edge responded I found them and when he asked for information, I showed him what we had which was not enough for him. Mr. Ziko stated we have two automatic valves, and 1 believe there is at least three to five manual valves on the east side. Are all of those documented? Mr. Edge responded I am working on putting all of this together on one spreadsheet. Mr. Ziko asked does this happen once per month? Mr. Edge responded it does not have to occur once per month. DEP wants to do this as often as necessary in order for us to maintain a residual of at least .2 parts per million at the end 25 161 1A3 March 9, 2007 Port of the Islands C.I.D. of the line. I do not believe we are having a problem. The day he was across from Mr. Gatti's house, he got a .7 at end of the line and there is not much usage out there. They just want more documentation, which I am going to give. Mr. Benson stated it should be at .2. FOURTH ORDER OF BUSINESS Attorney's Report — Discussion of Purchase of Fire Station Ms. Dillon stated you were going to speak further to Mr. Agnelli with regards to Orchid Cove. Mr. Cox stated we have not been able to get everyone together yet. Ms. Dillon stated we discussed the possibility of foreclosing on the North Hotel and what is involved in removing them from the county tax roll since the money he owes us is only going to continue increasing. Mr. Lambert stated I thought we said the county will do so automatically. Mr. Cox stated this past years' tax certificate was stricken off to the county. This will occur in May of this year, and two years from this date the county triggers the tax deed process and it goes up as land available for taxes and something is going to happen within the next two years. However, I believe something will happen sooner because he has bank financing and they will not allow this to continue, in which case they will threaten to foreclose the title. Ms. Dillon asked will it be beneficial for us to do anything yet? Mr. Cox responded I do not believe so. Once you levy the assessment against the property, they must pay it by the following March. It has to be delinquent for one year before foreclosure proceedings can commence. Since the assessment was levied in this year's budget, it will be March 31, 2009 before you can commence foreclosure proceedings. Mr. Bissell asked has the county paid us the money he owes and they are without it? Mr. Cox responded we are without it. FIFTH ORDER OF BUSINESS Engineer's Report Mr. Benson stated I was in and out of the office the week this letter was sent and I apologize for not E- mailing it to you. This relates to questions regarding the paving contract with Better Roads, Inc. There is a series of requirements and state statutes for government agencies with regards to prompt payment of contractors. After going through an evaluation for a Request for Payment, we reduced their pay request by $14,000. However, $152,000 was already 26 March 9, 2007 161 1A3 Port of the Islands C.I.D. paid for work which was complete, but $89,412 of their contract amount remains and most of this is actually for work which was complete but was not part of the retainage or other issues. Therefore, we are holding enough money for them to do the work they told us at the sufficient amount. We worked with them in our office and we have an agreement they will take care of the items we identified as deficient in the letter we talked about at last month's meeting. They are also going to do some sod work. We believe this is a good contractor, they have every intention to complete the project and we are not concerned they will not do what they are supposed to do. It is just taking them more time to fit some of this into their schedule. Mr. Lambert asked is a motion required? Mr. Benson responded no. It is part of a contract you already signed a long time ago. With regards to the contract you awarded at last month's meeting to Gulf States for the electrical service upgrades at the water and wastewater plant, we sent the paperwork to them. They signed all of the required documents and they should start work shortly. With regards to the wastewater treatment plant project, there is an on -site meeting on Tuesday with Mr. Edge, Mr. Dick and our project manager with the contractor. They are in the process of shipping all of the equipment. We made sure nothing was shipped prior to this, in order to avoid forcing them to store the material in an appropriate environment instead of on site. The material should arrive this month. Mr. Ziko asked is all of the site preparation done for receipt of the material? Mr. Benson responded as soon as they bring the materials on site, they will start pouring the pads as part of the construction activity, and they will be responsible for storing it properly. They are going to bring the trailer to the site either this week or next week. Mr. Edge stated a mini storage container and machine part are being stored along side the fence. Mr. Benson stated construction activity will commence within the next few weeks. They submitted a detailed schedule showing most activity occurring during May and June. Although it has it has gotten off to a slow start, they plan to do the work quickly in order to meet the schedule. A contract with a certain completion date must be adhered to. Mr. Lambert asked will there be any conflicts with Gulf States? Mr. Benson responded the same electrical engineer provided documentation for both projects. 27 March 9, 2007 161 1 A3 Port ofthe Islands C.I.D. Ms. Dillon asked should we be concerned about the witness marks'? Mr. Benson responded when the subdivision was platted, some permanent identifying marks or monuments were included. There are some monuments in the road identifying the location of the road, those of which are at the end of a cul -de -sac under pavers in the grass which have not been disturbed. As a matter of fact, I do not believe any permanent control points were disturbed. The lots are offset from the road as opposed to going to the center of the road in this subdivision. Our surveyor is licensed for the state of Florida with their company, and they basically put a nail in the center of the road, across from the actual property corner. There is nothing illegal about this mark. It is there in order for the surveyors to easily detect the point. These nails were paved over because we put additional asphalt in the center of the road. After a road has been repaved and the various surveyors have left their points, they use a metal detector in order to detect the point again. Our survey department gave me this information. If the metal detector detects a nail underneath the asphalt, they will chisel and replace it in order to be able to work from it. They are not doing anything illegal since you do not own your lot out to the road. Therefore, I do not believe there is cause for concern. Ms. Dillon stated I was concerned because I saw him dig the road out. Mr. Benson stated if you are concerned the surveyors are periodically going to chisel some of the asphalt in the center of the road in order to detect these marks, the CID can have them all reset. However, I do not recommend doing this since there is no legal boundary to speak of. Mr. Ziko stated I do not understand why they would dig a hole in the road if it is not a legal boundary. They removed a 4" to 5" square piece. Mr. Benson stated they are starting at a point which someone left for convenience instead of starting at a point too far back. Mr. Ziko stated if it is not an illegal point for them to do the survey. I do not believe it is necessary to pick up the road. They can start from a known benchmark. Mr. Cox stated shortly after the road was paved by our house, there were six different lots on the street and 14 small square holes were chiseled down our road. They do this to Collier County residents as well. Mr. Benson stated those who have lots in this area are now seeing a number of surveys. A survey often shows a point in the middle of the road serving as a reference which they survey 28 161 1 A3 March 9, 2007 Port of the Islands C.I.D. from. The surveyor leaves the point which ties it to everything else. Therefore, the next surveyor has to find this particular point in order to identify the location of something. Mr. Bissell stated this saves the surveyor time since he does not have to go back to the monument, but he charges the same amount. Mr. Benson stated I believe Collier County actually requires surveyors to leave those points. Mr. Bissell asked should we require them to cover the hole? Mr. Benson responded he covered it. Mr. Ziko stated he did not put another witness mark on top of it. Therefore, if another surveyor comes along, he will have to dig it up again. Mr. Benson stated the survey he was working from showed this point, which he found and moved on. I am not certain about the regulations, but I was told Collier County required surveyors to leave those points in the middle of the road. Even though you do not own the middle of the road, it is a point which is easily detected. Mr. Ziko stated he can find the point below where he dug up if he came out there with a metal detector. Why would he put another one on top of it? Mr. Cox responded they are particular about the way they do things. If there is supposed to be a mark, they will look for it until they find it rather than set another mark since they do not want to be off by 2" or 3 ". Mr. Benson stated we do not have to be concerned with moving these monuments since doing so will make it difficult for people to find their property. We have plats and monuments there, but some are underneath and some are actually on the plat. Ms. Dillon asked should they have covered those? Mr. Benson responded it is not unusual for them to get covered over when you resurface the road. SIXTH ORDER OF BUSINESS Discussion of Open Items (Continued) Reuse Water for Irrieation Mr. Benson stated I hope to have an update next month. Entrance Monuments Mr. Cox stated we need to verify whether or not the sign company is going to hold the price which includes the permitting. If so, we can proceed. 29 March 9, 2007 Port of the Islands C. j. . Mr. Ziko asked can we proceed prior to purchasing the property? Mr. Cox responded since it is under contact, we have a beneficial interest on the property allowing us to proceed with permitting. Ms. Dillon asked how long will the permitting take? Mr. Cox responded 1 am not certain, but it takes a long time. Mr. Lambert stated did you speak to Mr. Dick with regards to the sign on the other side of Union Road by the hotel which Mr. Motwani asked about? Mr. Teague responded since Mr. Dick was not here, I spoke to Mr. Goscieki. He sent me a copy of the sign which consists of your logo. However, I do not believe Mr. Motwani is interested. Mr. Lambert stated we have something planned for the north side of the road. Mr. Teague stated he is not going to be happy with this since it does not say anything about a hotel. 1 believe it said_ Cans Drive. Mr. Cox stated we were going to do the four entrance monuments on this side, wait until everyone was on board and do one sign. We are limited in types of signs, how they can be located and their proximity to each other among other things. This is a strict regulation. Mr. Lambert asked are we only going to permit the area on the south side of Route 41? Mr. Cox responded that is correct. SEVENTH ORDER OF BUSINESS Discussion of Signage Issues and District Property Right -of -Ways Mr. Bissell stated there is nothing of greater importance to POI than the signage issue. I told a group of people those signs will be removed from CID property after today's meeting. Mr. Teague stated although the minutes stated we would be looking at a public hearing at the next meeting, there was not enough time. According to Page 47 of the minutes, Mr. Cox responded a couple o /weeks ago I drafied a proposed rule which will be advertising for a public hearing. Hoit ever, there is not enough time to advertise for the next meeting, which would be this one. Mr. Bissell stated you just read that he drafted a proposal which will be advertised. Mr. "Teague stated there is not enough time to advertise for the next meeting. 30 March 9, 2007 161 1V Port of the Islands C.I.D. Mr. Ziko stated I recollect Mr. Cox saying if it is on our property we can remove it. He also said if someone puts a sign on my lawn, I have every right to remove it. 'I herefore, we have every right to remove signs on CID property. Mr. Bissell stated according to Page 53, Mr. Cox stated you can remove them now Mr. Ziko stated this is what we intend to do. Mr. Lambert stated I thought we were going to put this policy in place before removing any signs. Mr. Bissell stated we have discussed this policy for many months. Mr. Lambert stated it must be advertised. Ms. Dillon stated it says, you want a public hearing during the March meeting and you may be able to adopt it at this meeting, which is what we are going to do. Mr. Cox stated the first statement was incorrect and there was not enough time to advertise in order for you to adopt it at this meeting. This is more of a rule development workshop. The actual public hearing must be held in April. Mr. Ziko asked what is a public hearing going to do for us? Mr. Cox responded the public hearing will establish as an official policy of the Board of Supervisors procedures to obtain approvals, rule content expectations, exempt signs as well as which signs are required to have permits. You must act on an ad hoc basis without this rule, in which case we would have to come back to a Board meeting in order to be directed to remove it. However, having a general rule in place automatically delegates authority to us to remove the sign if it is not permitted. Mr. Ziko stated you also told us if it was on our property we could remove it anytime we wanted to with or without this policy. Mr. Cox stated nothing I just said is inconsistent with this. The Board currently has to direct us on a case by case basis which signs should be removed. Once the rule is adopted, if someone puts up a sign, we look at the minutes in order to determine whether or not it was approved. If it was not approved, we can remove it. Ms. Dillon stated if the Board tells Mr. Edge to remove all signs on CID property with the exception of the ones we are going to grandfather in, he can do so. After this becomes a policy, Mr. Edge no longer has to be directed formally, and it can be done automatically. Is that correct? 31 March 9, 2007 161 1A� Port of the Islands C.I.D. sign up. Mr. Cox responded that is correct. They have a process to apply for permission to put a Mr. Ziko stated I would like you to add to the policy, no commercial signs on PO/ Property, generic only. I do not want to see any signs advertising commercial property on CID property. Ms. Dillon asked will this policy encompass all commercial and non - commercial signs? Mr. Cox responded that is correct. Mr. Ziko stated there should be a guideline in which they should not even come to a Board meeting for consideration of commercial signs. Ms. Dillon stated I believe 10 days is too long. Mr. Bissell stated I believe it should be 24 hours. Mr. Cox stated every time you have a rule adoption there is going to be a 21 -day appeal period from the date of adoption in which a substantially affected party can challenge your action. Mr. Bissell stated you are formalizing something already in place. Mr. Cox stated you actually give them an additional 10 days after the appeal period. Mr. Bissell stated they have no right to be on our property at this time. Mr. Cox stated adding 10 days to the 21 -day appeal period gives them a total of 31 days. The adopted rule gives the person who may have a reason to apply for permission the chance to attend the next Board meeting and ask for permission to have their sign there within this timeframe. If you turn them down, they have one day to remove it before they are out of compliance, in which case we remove it. This gives an opportunity for those with existing signs to ask for permission, and not have to remove the sign and put it up if you grant them permission. Mr. Bissell stated although I agree with you, I receive many phone calls with regards to this issue. Mr. Lambert asked are you referring to the signs? Mr. Bissell responded I get calls about the signs which say, For Sale — Condos, and I tell them to call the developer since it has nothing to do with us. There is also a large hotel sign at the front entrance. It should advertise POI as opposed to the hotel. There is also a marina sign across from the marina. 32 March 9, 2007 161 1A3 Port of the Islands C.I.D. Mr. Lambert asked are you certain this sign is actually on our property? Mr. Bissell responded it is within 2' of the pavement and we have at least a 5' easement, which we are mowing. Mr. Cox stated you must be certain the sign is on your property before removing it. Ms. Dillon stated this is the reason we should have a policy. Mr. Bissell stated Soto showed us locations of all easements after we hired them. Therefore, this was already established. Ms. Dillon stated easements are not the same as private property. You can enter onto the property at an easement, but you do not own it. Mr. Lambert stated I do not understand why you have a problem with adopting this in order to know where we stand with the process. By adopting this policy we are changing the way we have done things in the past. Mr. Bissell stated we are not changing a policy. We are creating a policy to make removal of a sign legal. Mr. Lambert stated we never did anything about this before, but now we are adopting a new way of doing business. Mr. Cox stated you will adopt this in April and if you follow what I have drafted, this gives someone one month to ask for permission to put their sign in place. Ms. Dillon asked can we adopt it today? Mr. Cox responded you must have the public hearing at the next meeting. Mr. Ziko asked can we remove a sign from our property today? Mr. Cox responded yes. Mr. Bissell stated Mr. Edge should handle this. Mr. Lambert stated perhaps you should remove them instead of forcing staff members to do so since they may be uncertain whether or not they are correct. Mr. Cox stated they can only be removed after you ensure it is on CID property. Ms. Dillon stated I believe we need to adopt this and ensure it becomes an official CID rule. We also need a plat showing exactly what property we own, of which I am certain we have one. Mr. Cox stated there are several roads in the right -of -ways for which we only have easements and do not own. 1 contacted a couple of people who owned those roads in the past, 33 March 9, 2007 161 1A3 Port ofthe Islands C.I.D. and they were surprised to find out they still owned them. The taxable value is so Iow they will never receive a tax bill, and all have told me they will be happy to give those roads back to the CID. Mr. Lambert stated some of these signs may not be on our property. Mr. Cox stated that is correct. Mr. Benson stated there are also a couple of places in which there may be a dispute as to where the boundary lies depending on what document you look at, which Mr. Cox also discussed in the past. Mr. Cox stated I have all of the information in a notebook since I knew this issue was going to arise. We can put everything together, but there will be an additional cost to have someone survey and set benchmarks on all of your property. Mr. Benson stated we have various exhibits in our annual report which show casements, rights -of -way as well as property locations which I will bring to the next meeting. I will also bring an aerial photograph which highlights these areas in order to be able to answer specific questions. There are a couple of areas in which some documentation shows boundaries in one place and other documents show them in another place. Ms. Dillon stated we do not want to remove signs which are not on our property. Mr. Bissell stated I discussed this issue with people we do business with over the last week. Although they do not mind removing the signs, they are concerned whether or not other individuals will also remove theirs. Mr. Lambert stated this is the reason a policy is necessary. Mr. Bissell stated I agree with you, but we discussed this quite a few months ago, and most of us thought this was going to get resolved today. Ms. Dillon stated perhaps we should finalize this as recommended by Mr. Cox, and the public will have one month to consider it. The large sign out front is troubling to everyone since it states Retreat Del Sol instead of Port of the Islands. I assume you can give a copy of this to the hotel today in order for them to be aware of the upcoming policy and see how they respond since they never discussed this with us before. Therefore, we will not remove the sign today. Mr. Ziko asked why can't this be done? Ms. Dillon responded we do not have a policy yet. I believe a motion to adopt this as it is written is in order. 34 X61 1 A3 March 9, 2007 Port o t e Islands C.I.D. Mr. Cox stated policy adoption cannot be done at this meeting. Mr. Lambert asked can we comment on the document today in order for it to be ready to be instituted at the next meeting during the public hearing? Mr. Cox responded yes. Mr. Ziko stated I do not see any size requirements on this document. Mr. Bissell asked what authority do we have after we adopt this policy if they put the sign back up immediately? Ms. Dillon responded we remove it. Mr. Cox stated it becomes effective 21 days after adoption. The 10 -day period allows for the opportunity for someone to ask for permission before they remove it. Mr. Lambert asked if we can adopt this policy at the next meeting, will we have to wait for the following meeting for public discussion? Mr. Cox responded they can apply for permission to have their sign at that meeting. Mr. Bissell asked can they appeal? Mr. Cox responded they can appeal at Circuit Court. Mr. Bissell asked how long is this process? Mr. Cox responded the process is approximately six to eight months. Mr. Teague stated you have 30 days after adoption, after which there is only a 10 -day appeal period. Mr. Cox stated after this period, if someone puts a sign back up you can remove it. Mr. Gatti asked who was painting signs just before the meeting near the marina? Ms. Dillon responded it may be a neighborhood person since my husband painted the Sanctuary Point sign on our side. Mr. Bissell stated some others painted and repaired signs on Newport Drive. Ms. Dillon stated someone should get with the hotel and tell them about this policy. Mr. Teague stated here are copies of the policy if someone would like to take care of this, unless you prefer for Severn Trent to handle it. Mr. Lambert stated I have some comments on wording. Under 4A, in addition to dimensions and content I believe we should add location. Under 5C, you have six square feet. Mr. Cox stated this is just a filler since it gives you 1 %' x 4' or 2' x 3', similar to the Sanctuary Point sign. 35 March 9. 2007 161 1 A3 Port of the Islands C.I.D. Mr. Lambert stated I did not measure the Sanctuary Point sign, but it is larger than six square feet. Do you think we should measure the sign'? Mr. Cox responded someone should measure the largest sign out here and E -mail the size to me in order for me to note the size accurately. Cay. Mr. Bissell asked do we have two years to do this on existing signs? Mr. Cox responded those are for existing signs such as Sanctuary Point and Eveningstar Mr. Lambert stated please ensure this is written in a way which does not make people believe the one in front of the hotel entrance has two years. Ms. Dillon stated this is not considered an existing exempt sign. Mr. Cox stated the only exempt signs are those owned by POI, traffic and neighborhood identification signs with those specifications. Mr. Ziko stated perhaps you should add a statement such as, Neighborhood identification signs are exempt. Mr. Cox stated this was already indicated. Mr. Bissell asked will we be able to determine whether or not signs are actually on our property once this policy is in place? Ms. Dillon responded that is correct. Mr. Bissell stated we are already mowing property which is not ours. Mr. Benson stated Mr. Cox has copies of surveys done by a registered surveyor showing these signs. own. Mr. Cox stated those are our signs. This policy will help us determine what property we Mr. Benson stated the survey is going to show all property lines, and the easements and right -of -ways will be identified. Mr. Bissell asked was this done when Soto took over? Mr. Benson responded we just marked lines on the map. This is going to be a current aerial map which will be cleaned up. Soto was not concerned whether it was an easement or a right -of -way since you are allowed to maintain landscaping if you have an easement to do so. In the case of a right -of -way, you own the property. If you have an easement on someone else's 36 March 9, 2007 Port'ISf iFie ilands'C.LI3. 3 property for landscaping and the other person still owns the property, they must allow you to either maintain the landscaping or install a pavement on it. Mr. Cox stated the District owns most roads on that side, with the exception of Stella Maris and Cays Drive all the way to the end. The District has easements over the side roads, such as Eveningstar and Morningstar Cay. Ms. Dillon asked what about Newport Drive? Mr. Cox responded we own Newport Drive to the first road which turns over to the side including the easement from there back. Mr. Benson stated I believe they own one of the side streets. Ms. Dillon stated the sign issues do not relate to those neighborhoods as much as they relate to the main drives. Mr. Lambert asked what about Union Road? Mr. Cox responded we own Union Road all the way back to the plant as well as the road beyond which includes an easement on the well side. Mr. Ziko asked how much property do we own on each side of Union Road since I thought we only owned to the pavement? Mr. Bissell responded I believe we own 5'. Mr. Benson stated I believe you have a 70' right -of -way, along with the median and traffic lanes. Therefore, it is approximately 7' on each side beyond the edge of the pavement. You own 70' on either side along with an 80' x 80' easement. Orchid Cove owns the property, but you have the right to put landscaping on the easement. own 5'. Mr. Ziko stated I wonder if they measured 35' from the center of the median. Mr. Bissell stated we have been mowing approximately 20' in an area which we only Mr. Lambert stated I do not believe we are doing this now. Mr. Bissell stated I am not certain who is mowing on the west side. Mr. Benson stated you own the entire median, including the grass where 70' falls from approximately 35' on each side of the center of the median, but not everywhere. Mr. Lambert asked is a motion required to advertise this? Mr. Cox responded it was already taken care of. 37 March 9, 2007 161 1 A a Port of the Islands C.I.D. Mr. Teague stated you must allow 29 days, and it will be running in the newspaper effective today. EIGHTH ORDER OF BUSINESS Supervisors' Requests Ms. Dillon stated POI has a web site, which is more of a bulletin board at www.poibulictinboard.com. However, you cannot access it through Google or Yahoo. You must set it up through EarthLink. It has categories for announcements, as well as things for sale and purchase. It will be a nice communications tool for POI. I also wanted to apprise the Board we had a Ladies Luncheon this week in which the Collier County Sheriff from the Everglades Pump Station spoke about crime prevention and other similar issues. He is willing to speak at the end of a CID meeting if we wanted to do this for the community, and we can possibly post it on the web site. Mr. Gatti asked what is he going to discuss? Ms. Dillon responded he is going to discuss crime prevention tips, and distribute a small guidebook. He will speak for approximately 10 minutes and take questions. If any of you have an HOA meeting, he will attend those individually. He will also discuss setting up a neighborhood watch if you want it. Mr. Lambert asked are we going to discuss loans and roads at the next meeting? Ms. Dillon responded that is correct. NINTH ORDER OF BUSINESS Audience Comments A resident stated I understand Sunset Cay does not have an agreement with the CID for maintenance of our water and sewer lines. Therefore, if there was a problem you will shut o/J the water line at the nearest point to the break, we will have to hire a contractor to repair it at which point you will turn the water lines back on. Is that correct? Mr. Cox responded although I am not certain if we ever had this situation, we typically have not done this in the past. We had breaks because someone who was digging broke and repaired it immediately. However, this is theoretically where it stands. The resident stated you and 1 discussed the possibility of Orchid Cove installing their own water and sewer lines, and you indicated if Sunset Coy granted an easement to the CID with a hold harmless clause, the CID may be willing to repair the water lines free of charge, fill in and compact the hole, but our HOA will have to repair the asphalt. 38 March 9. 2007 161 1A3 Port of the Islands C.I.D. Mr. Cox stated these are the parameters we are willing to consider as an agreement with Orchid Cove at this point and the Board is willing to consider doing this with all HOAs here in order to keep the process uniform. Since we have the equipment and personnel on hand, it makes sense for us to shut off and turn on the water as quickly as possible. The resident stated since we will have to invest in attorney fees in order to prepare this document satisfactorily to Mr. Cox, I just wanted to ensure there is a good chance of the Board adopting it. Mr. Cox stated we should have the Orchid Cove issues resolved along with an agreement for your consideration next month. You may just want to wait for the template in order to see how it was set up. Mr. Lambert stated we may ask you to do something to your system before it is turned over to us. The resident stated we understand this. Mr. Lambert stated we may ask you to install an automatic flushing valve if it is in an area requiring one. The resident stated we are going to need this in order to protect our water quality. We will discuss this in three weeks and I am certain it is going to pass, after which we will commence the process. Mr. Bissell asked did you repair the leak on the fire hydrant? Mr. Edge responded that is correct. Mr. Bissell stated it was still dripping the last time I looked at it. Mr. Edge stated I went out there a couple of days ago and it was dripping. I sent my people out there to determine whether or not a valve or other internal part can be replaced. Although I do not know anything about fire hydrants, our team does and they will take care of this. Mr. Mack asked did you send the final cost estimates? Mr. Cox responded I wanted to wait until we had this discussion today and ensure we were not going to back out. However, I will give those to him. Mr. Mack stated we will need this in the morning. Mr. Weis stated 1 am glad to hear the sod is going to be done. Is the road also going to be striped with a bicycle lane or will any nighttime reflectors be installed? 39 March 9, 2007 161 IV Port of the Islands C.I.D. Mr. Benson responded that is correct. We excluded all of this work fi-om the payments made to the contractor. He gave us a schedule to do this within the next couple of weeks and he will not be paid until it is complete. Ms. Kungel stated 1 wonder if the county has the jurisdiction to say where condominiums and homes can put signs and if the CID can make rules for certain signs. In other developments according to their ordinance, you can only use certain signs. Therefore, it appears we are going to have problems when signs cannot be posted on CID roads. Mr. Cox stated I believe your restrictive covenants had limitations on signage in yards and county ordinances apply to signs located on personal property as a form of property ownership. Ms. Kungel stated they are not allowed in Naples. Mr. Cox stated they have different restrictive covenants. Ms. Dillon asked do HOAs have any restrictions with regards to signs in their covenants? Mr. Cox responded they probably do. Mr. Lambert stated we have them in our covenants. Ms. Kungel stated not all of them do. There are so many signs on Cays Drive that it looks like a flea market and it is getting messy. Mr. Cox stated the District is not authorized under the law to regulate anything other than use of its property. It is a capital infrastructure management system. covering any capital infrastructure on roads or in parks, which can regulate the land use, but it cannot regulate your property. This is the county's job. Ms. Kungel stated I believe speed limit signs should be put on all streets. The county had a meeting the day before yesterday to discuss possibly combining Ochopee, Isle of Capri and Marco Island into one taxing unit. Since Marco Island has a tax of $3 million, they probably do not have enough money to give raises. Therefore, our money is going over to Marco Island, which is a major issue everyone should be concerned about, since this means our taxes will probably increase. Mr. Mack stated this is being addressed. However, you should not worry about this until they converge. Although you will not likely get a reduction, they cannot all be the same. Ms. Kungel stated this is not how I believe it is going to work. 40 March 9, 2007 Port oithe Islands C.I.D. Mr. Mack stated we will have to wait and see since there is nothing which can be done about this. Ms. Kungel stated I heard it already merged along with the stock. Mr. Ziko stated Marco Island is a city as opposed to a fire district and they are trying to turn it into a fire district. However, this may not be approved by the county since they are trying to merge the city into two fire districts. Ms. Kungel stated they are trying to do this by the end of March. Mr. Shucart asked what is the maximum assessment amount the CID Board can approve without going to the community for their approval? Mr. Cox responded there is no limit. Mr. Shucart asked can they obligate the community residents for a limited amount of money to be paid back without voting? Mr. Cox responded that is correct. Mr. Shucart stated I am surprised any Board can exert those powers. There should be documentation limiting their ability to obligate everyone without their approval. Mr. Cox stated there are special purpose limits for which the District is established such as water, sewer, roads, drainage, parks and recreation, fire protection and mosquito control. However, you must understand the way special assessments work. There is a theoretical limit, as opposed to a flat figure. You must have a capital project which provides special and peculiar benefits to the properties you are going to charge to this improvement. Value, use, enjoyment, marketability or safety of your property must be enhanced. Safety is associated with fire protection, and those are the only things which the court found to be special benefits. First of all, we have to prove this capital project is providing a special benefit to the community after which we apportion the capital improvement cost with the duty to pay amongst the community in proportion to the benefit they receive. Therefore, if one property receives more benefits than another, they will also pay more. The value must exceed the duty you pay, which is where the limitation comes in. We can assess an unlimited amount up to the point where we are no longer providing a benefit which outweighs the cost. Mr. Shucart stated in other words, when it is time to build a new sewer and water treatment plant, the Board can obligate the community without their authorization in the amount of $4 million to $5 million. 41 March 9, 2007 Port of lt§slanI ds C.J A Mr. Cox stated you have to understand the Board must act at a reasonable and fairly subjective level. Since this is a legislative decision. it is somewhat difficult for a court to intervene, but the engineer must show cost and the economist must apportion the benefit with the final approval from the attorney. It is done through an open and informed process. You have public hearings in which people have the opportunity to comment as well as the ability to present alternatives to the Board's proposal. Since all of this is contemplated in the process, it is not unfettered and it can be challenged. However, it is difficult to overturn as we have seen here, but this is what representative government is about. You are allowing the Board to make decisions for the community based on public hearings and competently substantial evidence. Mr. Shucart stated I just wondered if there was a limit to their ability to obligate those voting on it. Mr. Cox stated the amount you are obligated to pay can never exceed the amount of the special and peculiar benefits you receive. Mr. Gatti stated you must go to court and prove the benefit. Mr. Cox stated that is correct. A bond issue must be approved by a judge as well as an attorney. We must tell the judge what is being done, how it is being done and how much it is going to cost. Validation of the bond ensures everything is correct and allows everyone the opportunity to present their side in the validation hearing. Mr. Barrows stated a small group of neighbors came before this Board approximately four or five years ago and asked if it was possible to put a bike lane along the side of our road. We were told to come back with the request after some utility repairs were taken care of which required the roadway to be re- asphalted. We requested it, ),on approved it and it was done. 1 would like to know if this Board or community has any authority with regards to the speed limit out here because at the intersection of Route 92 traffic was slowed down to 45 miles per hour one way. The idea was to slow trgffrc down on the commerce side of the road. Traffic was also slowed down to 45 miles per hour at the Viccosukee Reservation. I believe this is appropriate since there are so many people on bicycles and walkers. Mr. Cox stated DOT sets the speed limit based on 90% of the average speed on the roadway. For example, people are driving approximately 70 miles per hour in a 50 mile per hour speed zone. The local government having jurisdiction over the area can request it to be lowered. If it is within the city limits, it is considered a municipality and the county will have jurisdiction 42 March 9, 2007 161 1 A3 Port of the Islands C.I.D. to request you to lower the speed limit. Therefore, I suggest the community do a petition drive and ask the county to do this. Mr. Barrows asked do you believe this is appropriate? Ms. Dillon responded I always thought so, but you will have to start a petition in the neighborhood. Mr. Cox stated you can also let the county know of the general consensus within the community with regards to this issue. Mr. Bissell stated when I brought up this issue several times in the past, it appeared I was the only one interested in doing something about it. However, within the last week the gentleman who spoke at the luncheon Ms. Dillon spoke about called me. I brought up the subject with him, and he told me the individual must go to the Collier County Transportation Department since the Sheriffs Department has no authority in this matter. Mr. Cox stated since it is a state highway system, the DOT will ultimately make the decision, but you should coordinate with the county. Ms. Dillon stated a member of the community asked about the Stop sign at the exit of POI on Newport Drive and Route 41. It is on the right and is obscured by the road curve. They want another Stop sign put there in order to make people aware you need to stop. Is this something the CID handles? Mr. Cox responded you can do this. Ms. Dillon stated I believe someone drove out at night and thought the Stop sign across Route 41 was the Stop sign and they pulled right out on Route 41. up. Mr. Cox stated perhaps it needs a stop bar put back on. Ms. Dillon stated it is actually right where the sign is. Mr. Cox stated they will probably put in a new stop bar when they re- stripe. Ms. Dillon stated this will help. Mr. Cox stated perhaps they can also have the word STOP indicated on the road. Ms. Dillon stated we should make a note for them to do this instead of having a sign put 43 March 9, 2007 161 1 A Port of the Islands C.I.D. TENTH ORDER OF BUSINESS Approval of January 31, 2007 Financial Statements and Check Register Mr. Gatti moved to approve the January 31, 2007 Financial Statements and Check Register and Mr. Lambert seconded the motion. Ms. Dillon asked why did we purchase index dividers from Marco Office Supplies? Mr. Edge responded I did not go there. Mr. Teague stated I have the invoice in which dividers and quite a few other materials were purchased. Mr. Bissell asked who signed for it? Mr. Teague responded it was shipped here and was not signed for, but it is to the attention of Michelle. Mr. Lambert stated perhaps it is a bill Severn Trent pays for running of the water and sewer plant. Mr. Teague stated it was shipped to 25000 Tamiami Trail. Mr. Bissell stated this is the address for the hotel. Ms. Dillon asked why are we spending $25 for Clark Mosquito Control? Mr. Edge responded we have not ordered anything from them. Ms. Dillon stated it says July 15, 2006 Service, but since we bought a two -year supply of those chemicals, I am not certain what $25 was for. Mr. Ziko stated I do not understand why we would be paying a July 15`h bill in January. Mr. Edge stated I do not order anything from Clark. However, they apparently came out one time and did a mosquito spray in the area. Mr. Ziko asked have they been spraying on a regular basis since there have not been any mosquitoes? Ms. Dillon responded I believe this is a coincidence. Mr. Ziko asked are we set up to do this? Mr. Edge responded we are. As a matter of fact, Mr. Dick did it the last time in August or September 2006. 44 March 9, 2007 161 1 A3 Port of the Islands C.I.D. Mr. Cox stated according to the financial statements. you collected approximately 76% of your assessments. For the first five years it was running much higher at the end of a full year. There are going to be some closings with regards to the Orchid Cove property and they are probably waiting to receive their cash back before paying their bills. However, 76% is nominal compared to where you were a few years ago. Mr. Teague stated we received the mosquito bill on January 3, 2007. It was dated July 15, 2006 and was for a landing rate count. Mr. Lambert stated they check to determine whether or not they should be spraying. They sprayed out here one time before, but they may have also checked to see if they needed to spray again. cut. hotel? What is going to happen with Marco Office Supplies? Mr. Teague responded if this is for the hotel, we will bill them since a check was already Ms. Dillon asked how did Severn Trent get the bill on something which went for the Mr. Cox responded it was probably an error by Marco Office Supplies. Mr. Teague stated I have a copy of the bill which is made out to the CID. Mr. Cox stated the person who handled the billing probably pulled up your account instead of the resort account. Mr. Bissell asked is the Board satisfied with the financial report? Ms. Dillon responded it is much better. Mr. Bissell stated perhaps can you look through our financials for the next Board meeting in order to determine where we stand and what you anticipate the year -end carry -over will be since we have had approximately $2 million in the carry -over in the past. Mr. Teague stated we will do a cash flow projection for the remainder of the year. Mr. Bissell stated perhaps we can delay some projects instead of borrowing money. Ms. Dillon stated some of them do not get done anyway. Mr. Bissell stated this is true, but perhaps we should avoid looking into borrowing. Mr. Cox stated governments live off of borrowed money. Ms. Dillon asked do you have a copy of the invoice? Mr. Teague responded it is right here and is two pages Tong. 45 March 9, 2007 Portl6 Islands ITA 3 Ms. Dillon stated I believe Mr. Cox is correct. I think Marco Office Supply billed us instead of the hotel. There being no further questions or comments, On VOICE vote with all in favor the January 31, 2007 Financial Statements and Check Register were approved as amended. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Ms. Dillon seconded by Mr. Z,iko with all in favor the meeting was adjourned at 1:00 p.m. orine Dillon Theodore Bissell Secretary Chairman Port of the Islands Community Improvement District Agenda Friday March 9, 2007 10:00 a.m. 1. Roll Call 2. Approval of the Minutes of the February 9, 2007 Meeting 3. Manager's Report A. Discussion of Use of Summary Minutes 161 1A3 Egret Room 25000 Tamiami Trail Naples, Florida B. Review of Funding Options for Fire Station Property Acquisition C. Field Manager's Report 4. Attorney's Report — Discussion of Purchase of Fire Station 5. Engineer's Report 6. Discussion of Open Items 7. Discussion of Signage Issues and District Property Right -of -Ways 8. Supervisors' Requests 9. Audience Comments 10. Approval of January 31, 2007 Financial Statements and Check Register 11. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ------- --- - --- -- — - ----- ----- ------- ---- --- ---- - -- PORT OF THE ISLANDS 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 010948 59355798 NOTICE OF MEETINGPOR State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/02 03/02 AD SPACE: 66.000 INCH FILED ON: 03/02/07 ------------------------ Signature of Affiant J Sworn to and Subscribed before me this 'I 41 day of 1 LC k,, 1, 200 1 Personally known by me k-o ZxA C Q &_A(nc,(�Q -" Lc ChanelA McDonald MYCOMMISSION§ DD210203 Fvgz ,, June 29, 2007 BONDED THRU TROY FPM w9DRANCE 161 1A3 161 1A3 FLORIDA LOCAL GOVERNMENT FINANCE PROGRAM 161 1 A3 WHAT IS COMMERCIAL PAPER? Commercial paper is a short-term, fixed rate instrument ranging from one day to 270 days in duration. The commercial paper issued in Florida Local Government Finance Commission's name is marketed in New York by Morgan Stanley. Rates for individual issues vary depending on market conditions on the day of the sale. Because of the pooled structure of the program, interest charged to participants is a blended rate of the notes outstanding in any particular month. SERIES OF COMMERCIAL PAPER The Commission currently offers two series of commercial paper. Series A paper is designed for entities whose debt service is typically tax exempt. Examples of such entities are counties, cities, school boards, and certain special districts. Series B paper is structured for entities whose interest payments are likely subject to the federal alternative minimum tax. This includes many airports, seaports, resources recovery facilities and other issuers of private activity bonds. Interest rates for the Series B paper tend to be slightly higher due to the alternative minimum tax impact (see rate charts). All other fees are the same and the approval process is the same for both programs. PROGRAM BENEFITS The Commission's commercial paper note pool program was established to provide local governments in the State of Florida a more cost - effective means of borrowing funds. The loan program is intended to offer participants lower interest rates and fees than traditional sources of borrowing, such as bank loans, public offerings of debt, or lease purchase financing. As a result of the pooled nature of the loan program, the costs of issuance of a loan will be less than the costs associated with other types of borrowings. Finally, the loan program is intended to offer participants a more flexible, efficient and timesaving means of borrowing money. Once a participant has been approved for entry into the loan program, it is relatively simple and quick to borrow money. ELIGIBLE PROJECTS The projects that are financed by a participant through the commercial paper loan program are typically capital improvement and infrastructure projects involving short-term and intermediate -term borrowing needs. Examples of these projects include construction loan financing, in which the loan will be repaid from the issuance of long -term bonds, or pay -as- you -go improvements for which sufficient monies are not available on the date of commencement of the construction. ELIGIBILITY FOR PARTICIPATION The Commission is currently authorized to loan proceeds of the commercial paper notes to cities, counties, school boards and special districts throughout the State of Florida. Entities that wish to participate in the loan program must contact the Florida Association of Counties. As part of the application process, a potential participant will be asked to send various financial information to Wachovia Bank. The types of documentation generally required include a CAFR, current budget, Capital Improvement Plan, and a schedule of non -ad valorem revenues. If an entity is approved by Wachovia and the Florida Local Government Finance Commission for participation in the loan program, it will be required to have its governing body adopt a resolution authorizing the form of a loan agreement pursuant to which the monies will be loaned from the commercial paper notes to the participant. The form of the loan agreement and resolution will be prepared by the Commission's Counsel, Nabors, Giblin, & Nickerson, P.A., Tampa, Florida_ Florida Local Government Finance Commission I lA3 PARTICIPATION CRITERIA Loans from the program are made on an as requested basis. New participants should contact the Florida Association of counties at least 60 days prior to the date of the first anticipated loan. Entities currently participating in the loan program may increase their loan amounts upon at least 30 days notice to the Association and submission of any required financial updates to Wachovia Bank. All loan requests are subject to a credit review and approval by Wachovia. BANK APPROVAL Participation in the loan program is subject to a credit review and approval by Wachovia Bank. The terms of each loan and each draw are conditioned upon the discretionary approval of the bank. Florida Association of Counties (FAC) Post ")Rice Box 549 Tailahaaasee, FL 32302 Phone (850) 922 -4231 Fax: (850) 487 -1434 Attention: Elizabeth Newberry FAC Web Address: www.floridalocal.org LOAN TERMS Wachovia Bank N.A. Post Office Box 2080 Jacksonville, FL 32231 -0010 Phone: (904) 489 -3013 Fax: (904) 489 -5441 Attention: Beth Gordon, Vice President Nabors, Giblin & Nickerson, P.A. Attorneys At Law 2502 Rocky Point Drive, Suite 1060 Tampa, FL 33607 Phone: (813) 281 -2222 Fax: (813) 281 -0129 Attention: Steven E. Miller, Trust Counsel Wachovia Bank provides a letter of credit which secures the repayment of the commercial paper obligations. At the time a loan is incurred, the final maturity of the loan cannot be later than the expiration date of the letter of credit. The current expiration date of the letter of credit is February 2011, however, the expiration date is extended each year for an additional one year period so that at any given time there remains approximately 5 years until its expiration. Many participants "roll" the maturity dates of their loans prior to maturity to take advantage of the extended expiration dates of the letter of credit. Repayment terms are very flexible and are custom - tailored to each participant's needs. The borrower is required to pay a fee of $2,000 for each full million dollars borrowed up to a maximum of $40,000. For participants borrowing less than $1 million, the cost of the initial loan document drafting of $10,000 is deducted from the initial draw. These fees are used to cover issuance costs and help absorb the costs of structuring the loan program. A consolidated invoice is sent to each participant every month from the Florida Association of Counties indicating the interest and fees that must be paid on the loan. These fees are explained in greater detail in the Fee Section of this brochure. Billed amounts are then, in turn, wired directly to the Program's Trustee, SunTrust Bank, and held in an interest - bearing account until paid out. Florida Local Government Finance Commission 161 1 A3 Loans are paid back pursuant to the terms of the loan agreement. The repayment schedule for the loan can be accelerated by the borrower upon at least 45 days notice to the Association and Wachovia Bank, with no fees or penalties for prepayment. In addition, a participant may refinance or extend a loan at no additional cost upon approval from Wachovia Bank. SECURITY FOR THE LOAN REPAYMENT In a typical scenario, participants secure their loans with a covenant to budget and appropriate legally available non -ad valorem revenues. A borrower may, however, utilize security other than or in addition to a covenant to budget and appropriate. For example, if a borrower wants to finance a water and sewer utility project, it may elect to use a subordinate pledge on its water and sewer revenues in place of, or in conjunction with, a covenant to budget and appropriate. All security pledges are subject to approval by Wachovia. The Program is structured in a way so that there are no cross defaults. In other words, if one participant defaults, there is no responsibility whatsoever on the part of any other participant in the pool to make up for any payment deficiencies caused by the defaulting participant. SECURITY FOR THE COMMERCIAL PAPER NOTES The commercial paper notes themselves which back the loans are also secured by a direct -pay letter of credit. The need for a letter of credit stems from the fact that the commercial paper market is a high volume, cash oriented, quality driven market. Anything less than a letter of credit from a highly rated bank would make the marketing of commercial paper notes virtually impossible. Wachovia Bank maintains a high credit rating in the short-term marketplace from both Moody's Investors' Service and Standard and Poor's Ratings Group. This high rating effectively "lends" a lower interest rate than could be obtained singularly by any participant. The pooled structure allows for economies of scale with respect to administrative costs and allows for greater flexibility marketing the paper because of the higher volume and frequency of transactions to accommodate quick turnaround for new loans and paydown requests. This brochure provides a general description of the loan program. Participants should consult the loan documents for details of the terms and provision upon which they may participate in the loan program, which may differ in certain respects from the descriptions herein. Florida Local Government Finance Commission 161 1A3 The Florida Local Government Finance Commission BrevardCounty ......................................... ............................... ...........................Greg Lugar Economic & Financial Programs CharlotteCounty ................................. ............................... ..........................Tommy White Chief Deputy of Board Services Collier County. .................................................................................. ........................ John Yonkosky Director of Utility Billing and Customer Service LeeCounty ......................................................... ............................... .........................Donald Stilwell County Administrator OsceolaCounty ............................................................................... ............................... Tom Klinker Financial Services Director Sarasota County ........................................ .............. ............................ .......... Peter Ramsden Finance Director The Florida Local Government Finance Commission was formed in February 1991 in accordance with an intedocal agreement between Collier, Sarasota, and Brevard Counties, In 1995, the commission was a .Vanded to include Lee County and Osceola County. The Commission is a legal entity created pursuant to Chapter 163, Florida Statutes. The governing body of the Commission consists of a representative from each of the five member counties. The Commission was established for the purpose of issuing commercial paper notes from which loans would be made to counties, cities, school boards and special districts throughout the State of Florida. The commercial paper notes are issued pursuant to an indenture of trust between the Commission and SunTrust Bank, as Trustee to the loan program. Florida Local Government Finance Commission 5 161 1A3 issuance Costs ........................... ............................... . . . ... . . . ................$2,000 per full million Issuance costs are deducted from each draw. Fee is assessed on each full new million dollars borrowed, up to $20 million in total loans or $40,000 in Issuance Costs paid. After such time, no Issuance Costs will be assessed. If the initial draw is less then $1 million, a $10,000 fee will be assessed. MONTHLY FEES Interest.................................................................................. ............................... Variable Interest is a blended market rate based on the actual rates of sale for the Florida Local Government Finance Commission Commercial Paper. Please see rate chart for current and historical rate information for each series. Letter of Credit Fee .................... ............................... .........................Varies by participant Wachovia assesses a Letter of Credit fee based on the credit worthiness of the borrowing entity. LOC fees average 33 Basis Points for current participants. The LOC is determined in advance of the loan and is fixed for the life of that particular loan. DealerFees .................................................................. ..............................6 Basis Points The Commercial Paper remarketing agent, Morgan Stanley & Co., receives this fee. Administrative Fees ..................................................... .............................18 Basis Points A portion of this fee (10 BP) is paid to the Florida Association of Counties for administering and marketing the program. The remainder (8 BP) pays for all expenses associated with the program such as audit fees, trustee fees, rating agency fees, etc. REIMBURSED ASSESSMENT Contingency Account .................. ............................... ..........................1.75% x one month A Contingency Account is established for each participant and is funded from loan proceeds. Funds are held in an interest bearing account in the participants name. Interest earned is credited to participant monthly. Rebates are made to coincide with any principal payments made. Forexample: $1 million balance would require a contingency balance of $1,438 and would be fully refunded upon loan repayment. Florida Local Government Finance Commission 1 6 I 1V 3 Florida Local Government Finance Program Historic Program Rates QTRNR Rate-- A Rate - B QTR/YR Rate - A Rate - B 2QTR91 4.10 1QTR99 3.00 2.94 30TR91 4.53 2QTR99 3.04 3.09 4QTR91 4.04 3QTR99 128 3.36 4QTR99 3.54 3.62 1QTR92 2.81 2QTR92 2.97 1QTR00 175 3.80 3QTR92 2.65 2QTR00 4.15 4.21 4QTR92 2.48 3QTR00 4.34 4.34 4QTR00 4.33 4.35 1QTR93 2.29 2QTR93 2.39 1QTR01 3.98 3.88_ 3QTR93 2.53 2QTR01 3.46 3.51 - 4QTR93 2.48 3QTR01 2.78 2.87 4QTR01 2.24 2.45 1QTR94 2.28 2QTR94 2.96 1QTR02 1.83 1.95 3QTR94 3.16 2QTR02 1.46 1.62 4QTR94 3.70 3QTR02 1.43 1.51 4QTR02 1.36 1.50_ 1QTR95 165 2QTR95 4.07 1QTR03 1.13 1.24 3QTR95 3.75 2QTR03 1.09 1.18 4QTR95 3.77 3QTR03 1.02 1.01 4QTR03 1.01 1.00 1QTR96 3.37 2QTR96 3.65 1QTR04 1.00 1.61 3QTR96 3.63 2QTR04 1.00 1.61 4QTR96 3.55 3QTR04 102 1.63 4QTR04 1.15 176 1QTR97 3.42 2QTR97 3.79 3QTR97 3.79 4QTR97 3.76 1QTR98 3.47 2QTR98 169 3QTR98 3.47 3.56 4QTR98 - 3.09 3.18 Florida Local Government Finance Commission 7 Florida Local Government Finance Program Historic Program Rates Rate Month Year Series A Series B JAN 2005 1.83 1.85 FEB 2005 1.87 1.90 MAR 2005 1.98 2.06 APR 2005 2.19 2.18 MAY 2005 2.31 2.34 JUNE 2005 2.46 2.51 JULY 2005 2.51 2.54 AUG 2005 2.59 2.58 SEP 2005 2.63 2.71 OCT 2005 2.67 176 NOV 2005 2.77 2.76 DEC 2005 3.02 2.97 JAN 2006 3.08 - 3.15 FEB 2006 3.0 9 3.12 MAR 2006 3.18 137 APR 2006 3 43 3. 45 MAY 2006 3.61 3.66 JUN 2006 3.61 3.60 JUL 2006 360 3.61 AUG 2006 157 16 SEP 2006 3.57 3.62 OCT 2006 3.58 3.67 NOV 2006 3.59 3.66 DEC 2006 3.58 3.62 JAN 2007 3.59 3.61 FEB 2007 3.62 3.62 161 1A3 Month Average, Series A - Tax Exempt Month Year Rate September 2006 3.57 October 2006 _ 3.58 _ November 2006 3.59 December 2006 3.58 January 2007 3.59 February 2007 3.62 Six Month Average Rate 3.69% Average Monthly Fees .67% Six Month Avg. All -In 4.16% 6 Month Average, Series B -AMT Month Year Rate September 2006 3.62 October 2006 3.67 November 2006 166 December 2006 162 January 2007 3.61 February 2007 3.62 Six Month Average Rate 3.63 %p Average Monthly Fees .69% Six Month Avg. All -In 4.22% Florida Local Government Finance Commission 8 16 Program Administrator: FAC FLORIDA COUNTIES SunTrust Bank, South Florida 515 E Las Olas Ft. Lauderdale. FL 33301 Tel 954.765.7393 Fax 954.765 -7240 SUN(TRUST March 6. 2007 Mr. Calvin Teague District Manager Severn Trent Management Services 5726 Corporation Circle Fort Meyers, FL 33905 Dear Mr. Teague: 161 1 A 3 Shawn Sackman Assistant Vice President RE: Port of the Islands Community Development District: Loan $500,000.00 SunTrust Bank (the "Bank ") is pleased to submit the following indicative to lend to Port of the Islands Community Development District (`Borrower' or "District") under the following terms and conditions. Please note that these terms are subject to credit approval: Borrowers: Port of the Islands Community Development District as the `Borrower" or the "District" Purpose: Funds will be used for the District's capital improvement program which includes maintenance to the water and wastewater treatment plants. Facilities: Loan not to exceed $500,000.00 The issues are anticipated to be a "Tax- Exempt Obligation" for purposes of section 265 (b)(3)(B) of the Internal Revenue Code of 1986. Maturity: Draw Period: Non - Revolving line of credit up to I -year Term Period: 3 years (36 months) from maturity of Line of Credit Term: Draw Period: Interest only due monthly based on a 360 -day year consisting of 12, 30 -day months. Term Period: Regular principal and interest payments due monthly based on a 360 -day year consisting of 12. 30 -day months. 161 1 A 3 Interest Rate: Draw Period: Variable rate based on Bank Qualified Tax - Exempt rate of 67% of the Bloomberg 1 -month LIBOR plus 201 basis points. The rate is equivalent to 5.57% or 67% of 5.32% plus 2.01 % as of March 6, 2007. Loan will re -price every thirty days. The Variable Rate is to be set two days prior to closing. LIBOR shall mean an interest rate per annum equal to the London Interbank Offered Rates for 30 -day periods as published each business day in the money rate section of The Wall Street Journal (or N.Y. Times in the event The Wall Street Journal no longer exists or ceases to publish LIBOR rates) without adjustment by the Bank. Term Period: The Fixed rate is to be set two days before conversion date or term -out period. Fixed rate based on 67% of the three -year Federal Reserve H.15 swap rate plus 214 basis points. The rate is equivalent to 5.46% as of March 6, 2007. Fee: Commitment fee of $2,000 Security: Parity Lien on Water and Sewer revenues of the District Conditions/Covenants: I) The Bank will require an opinion from a qualified Counsel regarding the bank qualified, tax- exempt status of the notes, validity of issuance, enforceability of documents, and other pertinent issues. This commitment is subject to all documentation for the notes contemplated by this commitment being reviewed and accepted in form and substance by the Bank and its Counsel. 2) Annual audited financial statements Port of the Islands Community Development District within 180 days of most recent fiscal year end. 3) Budget for Port of the Islands Community Development District within 180 days of adoption. 4) The District shall maintain accounts with SunTrust until the maturity of the term loan. 5) Loan payments to SunTrust Bank shall be setup on auto- debit, which will automatically deduct the interest and principal payments from the District's SunTrust account on the payment dates as stated in the closing documents. 6) Annual Debt Service Coverage ratio required to be a minimum of 1 to 1.20 calculated by water and sewer revenues divided by annual debt service. Prepayment: The District may prepay this note in whole or in part without prepayment penalty with 30- days written notice. Legal Fees: Borrower will be responsible for legal fees and expenses. This includes the Bank's estimated counsel fees: a) $6,500 for all documentation to be prepared and reviewed by SunTrust's bond counsel, b) Or $3,000 for all documentation to be reviewed by SunTrust's bond counsel 161 1 A3 Respondent Institution Information: SunTrust Bank. South Florida Main office: 515 East Las Olas Blvd. Ft. Lauderdale, FL 33301 Contact Officer: Shawn Sackman SunTrust Bank, South Florida 515 East Las Olas Blvd., 7th Floor Ft. Lauderdale, FL 33301 Telephone: (954) 765 -7393 Facsimile: (954) 765 -7240 Additional Conditions: "Tax - Exempt Obligation" shall have the same meaning as in Section 265(b)(3) of the Internal Revenue Code (Code). The rate shall be adjusted, as set forth below, in the event of a change in the Tax - Exempt status of the obligation Interest Rate if Loan Becomes Taxable. If the loan is deemed a 'Bank - Qualified Tax- Exempt Obligation" whereby the interest earned on the loan is excluded from the gross income of the Bank when determining Federal and State tax liability, and the loan is issued at a tax exempt rate but later the interest on the loan becomes taxable (i.e., ceases to be a 'Bank - Qualified Tax - Exempt Obligation') for whatever reason, then the loan will bear interest from the earliest effective date as of which interest payable on the loan is includable in the gross income of the Bank at a Variable Rate per annum equal to one month Libor rate plus 300 basis points in the event the rate is variable (the "Variable Taxable Rate. ") - adjusted monthly or in the event the rate is fixed, then the Fixetl Rate per annum equal to the Fixed Rate times 1.4873 for Bank - Qualified Tax - Exempt (the "Fixed Taxable Rate_ ") The Borrower shall also pay any additions to tax, penalties, and any interest on the loan and its gross income for Federal income Tax purposes, and any arrears in interest resulting from a determination of taxability. Any penalties in the form of interest or otherwise shall be paid by the Borrower on the next succeeding interest payment date. Interest Rate Limitation. If required, the Borrower shall take whatever action is necessary in order to comply with the provisions of Section 215.84, Florida Statutes, relating to maximum rate of interest including, but not limited to, the filing of a request with the State Board of Administration for authorization of the interest rate provided herein, if such interest rate is in excess of the maximum rate. The Borrower shall comply with and agree to such other covenants, terms, and conditions that may be reasonably required by the Bank and its counsel and are customary in financings of this nature. These covenants would include, but not be limited to, covenants regarding compliance with laws and regulations, the submission of audited financial data to the Bank in a timely manner, events of default including failure to make payments, failure to perform any covenant, and the filing of bankruptcy by the Borrower; and remedies in the event of default, including acceleration. THIS TERM SHEET OUTLINES THE GENERAL "GERMS AND CONDITIONS OF THE PROPOSED LENDING AGREEMENT BETWEEN POR "f OF THE ISLANDS COMMUNITY DEVELOPMENT DISTRICT AND SUNTRUST BANK. THIS LETTER DOES NOT 161 1 A5 13. Groom Liriope beds at front entrance, removing volunteer palms and Nutsedge from base of beds. 14. Lake area near Sanctuary Point: Control volunteer peppers and weeds emerging in Cordgrass bed around lake. 15. Along Cay Drive: Control weeds in cracks and curbs along parkway. 16. Union Road entrance: Continue to maintain grass controlling weeds in bed areas and tip pruning plants as needed. 17. Water treatment plant: Control weeds in gravel areas and around mechanical equipment. 18. Around lift station off Union Road: Control weeds with weedeater and using non- selective herbicides as needed. CATEGORY III: IMPROVEMENTS — PRICING Provide cost to replace missing plant material in beds throughout site. Include cost for minor enhancement upgrades at entrance to Cay Drive after beds are cleaned out. CATEGORY IV: NOTES TO OWNER None CATEGORY V: NOTES TO CONTRACTOR None MJL:gf cc: Bob Dick rdickPstes.com Bob Soto (fax) Autumn Begins September 23 PORT OF THE ISLANDS LANDSCAPEINSPECPION October 9, 2oo6 ATTENDING: BOB SOTO - SOTO's LAWN SERVICE MICHAEL LACKEY — OLM, INC. 161 1A3 NEXT INSPECTION NOVEMBER 6, 2oo6 AT 3:30P.M. CATEGORY I: MAINTENANCE CARRYOVER ITEMS FROM o9 /u /o6 6. Begin scheduling applications of weed control throughout turf areas. 12. Front entrance: Recommend installing mulch rings around base of uplighting to make sure mechanical equipment is not damaging these. CATEGORY II: MAINTENANCE ITEMS NEWPORT DRIVE 1. At front entrance: Remove any declining foliage from Roebelenii Palms. 2. At front entrance in Seagrape hedgerow: Control large weeds. 3. In center islands: Continue to monitor turf for dryness adjusting irrigation as needed. 4. Center islands: Schedule controlling broadleaf weeds throughout turf areas. CAYS DRIVE 5. In raised planters at front entrance: Control heavy weeds before doing seasonal color installation. 6. Schedule seasonal color installation for raised planters at entrance to Kay Drive. 7. Schedule mulching of all bed areas throughout site for November. 8. In center island: Remove any dead wood from Ixoras. 9. Continue to monitor and control any scale activity on Oleanders in center island at front entrance. 10. At front entrance: Monitor and control ant mound activity in turf and in beds. 11. At front entrance: Remove suckers from base of Oaks trees along trunks. 161 1A3 12. In grasses around retention pond areas: Begin creating beds controlling Torpedo grass and weeds around grasses. UNION ROAD 13. While front entrance is under construction: Continue to maintain bed areas removing declining foliage from palms and controlling weeds. 14. Center island: Remove declining foliage from Date Palms raising underneath canopy. 15. Waste water treatment plant area: Maintain Seagrapes along outer fence to approximately 3 -4 foot above fence line. 16. At waste water treatment plant: Schedule pruning of palms removing declining foliage and seedpods. 17. Around lift station 2 left of hotel area: Begin controlling weeds spraying out containing area. 18. Control weeds in gravel areas around mechanical equipment at lift station. CATEGORY III: IMPROVEMENTS — PRICING NONE CATEGORY IV: NOTES TO OWNER 1. To right of Cay Drive entrance: There is 1 light in turf that is broken off of base. CATEGORY V: NOTES TO CONTRACTOR NONE MJL:bw cc: Bob Dick rdick i)stes.com Bob Soto (fax) 161 1 A I PORT OF THE ISLANDS LANDSCAPE INSPECTION November6,2006 NEXT INSPECTION JANUARY 8, 2oo6 AT 3:30 P.M. ATTENDING: BOB SOTO — SOTO'S LAWN SERVICE - ... __..... ,. MICHAEL LACKEY — OLM, INC. CATEGORY I: MAINTENANCE CARRYOVER ITEMS FROM lo /9 /o6 NEWPORT DRIVE 4. Center islands: Schedule controlling broadleaf weeds throughout turf areas. CAYS DRIVE 6. Schedule seasonal color installation for raised planters at entrance to Kay Drive. 7. Schedule mulching of all bed areas throughout site for November. 8. In center island: Remove any dead wood from Ixoras. UNION ROAD 14. Center island: Remove declining foliage from Date Palms raising underneath canopy. 15. Waste water treatment plant area: Maintain Seagrapes along outer fence to approximately 3 -4 foot above fence line. 16. At waste water treatment plant: Schedule pruning of palms removing declining foliage and seedpods. CATEGORY II: MAINTENANCE ITEMS NEWPORT DRIVE 1. Center islands: Continue to monitor and control grassy and broadleaf weeds in St. Augustine turf. 2. Center islands around Indian Hawthorns: Control vines, suckers and weeds. 3. Throughout center islands: Remove dead wood from Coco Plums and Hibiscuses, re- fertilizing trying to get plants to re -flush. 161 1A3 CAYS DRIVE 4. Entrance: Control heavy weeds in Junipers. 5. Remove dead wood and cut back declining Oleanders at front entrance. 6. Throughout entrance: Monitor and control ants. 7. Front entrance center island: Groom all bed areas removing natural debris and trash. 8. Remove strapping and fallen burlap material around base of large Oak at back left of entrance. 9. Control heavy ants in bed areas on backside of entrance. 10. Right side of entrance: Remove suckers from trunks of Oak trees. 11. Monument sign for Sanctuary Point: Prune two Sabal palms along lake edge removing seedpods and declining foliage. UNION ROAD 12. Center islands: Continue to remove declining foliage from all palms. 13. Throughout center islands: Begin installing /maintaining tree rings around base of all trees and palms. 14. Inside fence area around water treatment plant: Finish pruning all palms removing seedpods and declining foliage. 15. Continue to control weeds in gravel areas around utility station. 16. Entrance: Schedule pruning of all palms removing seedpods and declining foliage. 17. Left of entrance: Clean and /or remove damaged /dead wood from Oleanders. 18. Control weeds in gravel areas around utilities at Weir. CATEGORY III: IMPROVEMENTS — PRICING UNION ROAD Provide cost to straighten and re -stake large Ficus on left side of entrance. 161 1A3 CATEGORY IV: NOTES TO OWNER UNION ROAD t. Left of entrance: There is a large Ficus that has fallen down and is hitting telephone lines. Also, the tree is leaning on several plants. Recommend straightening and re- staking this tree as soon as possible. CATEGORY V: NOTES TO CONTRACTOR None MJL:gf cc: Bob Dick rdickna stes.com Bob Soto (fax) HAPPY THANKSGIVING f, PORT OF THE ISLANDS LANDSCAPE INSPEMON January 8, 2007 ATTENDING: BOB SOTO — SOTO's LAWN SERVICE MICHAEL LACKEY — OLM, INC. 161 1A3 NEXT INSPEC'T'ION MARCH 12, 2007 AT 3:30 P.M. CATEGORY I: MAINTENANCE CARRYOVER ITEMS FROM a /6/o6 NEWPORT DRIVE 1. Center islands: Continue to monitor and control grassy and broadleaf weeds in St. Augustine turf. CAY'S DRIVE 9. Control heavy ants in bed areas on backside of entrance. II. Monument sign for Sanctuary Point: Prune two Saba] palms along lake edge removing seedpods and declining foliage. UNION ROAD 17. Left of entrance: Clean and /or remove damaged /dead wood from Oleanders. 18. Control weeds in gravel areas around utilities at Weir. CATEGORY II: MAIN'T'ENANCE ITEMS NEWPORT DRIVE 1. Front entrance: Remove weeds from base of Bougainvilleas. 2. Continue to monitor and control broadleaf weeds in turf areas throughout center islands. Center islands: Tamp down /repair tire ruts from construction along parkway. 4. Center islands: Monitor and control pink mealy bugs on Hibiscuses. 5. Center islands: Control weeds /volunteer trees coming up in Ixoras. 6. When pruning shrubs make sure crews are properly trained to roll outside edges and not box shear plants. 161 1 A3 CAY'S DRIVE 7. Schedule re- fertilization of seasonal colorbeds at front entrance. 8. Entrance: Continue to monitor and control broadleaf weeds in turf. 9. Control heavy broadleaf weeds coming up in Juniper beds at front entrance. 10. Schedule mulching of all bed areas throughout site. 11. Center islands: Continue to monitor and control scale /aphid activity on Oleanders and Ixoras. 12. Control ants in turf and bed areas throughout front entrance. 13. Behind wall left of entrance: Finish removal of bracing /strapping material from Oak. 14. When mulching beds: Recommend eliminating small strips of turf between curb and beds. Also, recommend trenching all bedlines along concrete surfaces before installing mulch. 15. Right of entrance: Remove suckers from Oak trees. UNION ROAD 16. Front entrance: Continue raising undercanopies of trees. 17. Throughout bed areas: Continue to control and remove weeds from base of shrubs. 18. Around pump stations in back of Union Road: Control weeds in base of beds and around base of building. 19. Entrance to Union Road: Continue to work on removing dead wood from plant material, and weeds and volunteer trees from base of beds, cleaning up front bed areas. 20. Control weeds around pump station by weir. CATEGORY III: IMPROVEMENTS — PRICING None 161 1 A CATEGORY IV: NOTES TO OWNER CAY'S DRIVE t. Left of entrance: Recommend cleaning out area at base of palms behind wall, removing exotic vegetation and peppers. UNION ROAD 2. Back of Union Road where lift stations are located: Road to access this area has been locked and Soto's has not been able to maintain the area. Recommend providing keys for access. CATEGORY V: NOTES TO CONTRACTOR None MJL:gf cc: Bob Dick rdick a stes.com Bob Soto (fax) L13/07/2007 08:23 2393541080 SOTO LAWN SERVICE PAGE 02/03 Soto's Lawn Service, Inc. 2830 35th Avenue NF Naples, FL 34120 354 -1090 Name / Address Port of the islands CID cdd 210 University Drive #702 Coral Springs, FL 33071 161 1 A3 Estimate Date Estimate # 3/5/2007 31 v Project Description Qty Rate Total Monthly Maintenance for Roadways on 41: 12 1,750.00 21,000.00 trimming, mowing, edging, blowing, spraying beds for weeds, fertilizing, pest control, and mulching Breakdown: Mulch ..................... 3000 Fertilizer ............. _.. 3200 Pest Control— .......... 2800 Monthly Maint......... 12000 71 Total $21,000.00 161 lA3 to O C C) N ~ V' a0 01 (a 0 j L ^ R, N So c E o O F � x O@ O . d Ea O - 0 N N LU LU -o CC- LL II. a> o °� C� J N CD 15 m � W Z' _ O coo C f ca c O O m O E N` O C a— E U O U@ O m N N N 'C O m Y to U O R7 (n a1 O Cn 'D 'O a7 Q II a) O a7 E = c a J> �a u c F 0 Z m E c a� l9 -- N > a�i W C_ O C ._ L .� o O N a) L 3 U .� E 14 C ° m C 0 a7 3 U O O C O a) « m C H o v° N °o m O E o C° E v E a� N a) E o o c ai co o N M a c' II a N m c E) E y o cq T a) d Q M Y O J N N `oL LT a) m O a) 0 0 —a 0 0 Q U) 0 o mo �° E—, v) a)mro .0 ac a3 °2 W J m N Fr Z W o OQ a as wm o T 0 ww � F Q W � J U F H Q � N `o m — m m M �= V) aJ K W W a H 0 � w w m w z 16! 1A3 o- .T <7 r m O O C L O O a0 c m U.N � a 3EcN �» OS ,— V O O 0 p a O 3 w Q m mo L E o o a p U O o a o . f Xa p Z W E a o c 10N U o U CO :E Q y a C O o N N O a) 2 N co U 0 S p w U �-o E 2 mN fl c:2 �� 3 �O co �� pn _ 3 ~aQ� W~O Z LLJ om m 0 M _ 0 � aa)E ac ac w~maaOZF cn a) o N m c o c E E n - n Q 0 Z rn0 0c o E 3 v 3 mU~aci m =_Dad- o W aa) - 0 '� a) L Z' L N C N N S G 3 i m oQ° ?a'>°a0EMvExa>o�rnF °cOmZQ Y o o L d m C p m LE U C0 O p N m O v L N d O N N C Q Q 0 0 C) _ m� w u r m d w ? c°a� ° m axi �mQ W a U c o J m c m � CO c z Z Q' o a Q a m o w m° 0 wW Qa OW J U F F D Q N N C m F E E m U � a U3 0 2 a u 0 E N m a C w Q r O O ui a oQ ? w W N F � Z OZ/ Zb /Zbb/ 1b: b/ Z6'j2blbd // t55 John A. Wanklin 709 Southeast 9th Street Delray Beach, FL. 33453 20� ,11.0' of February, 2007 FAX: 850- 697 -2171 Daniel M. Cox ESQ. Daniel M. Cox P.A. 206 West 6a' Street Post Office Drawer CC Carrabelle, Florida 32322 PAGE 01 /dl 161 1A3 t' RE: Cloverfteld Investments, Inc., sale to Port of the Islands C/D — TractA, at Port of the Islands (The Cays) Phase 11, Plat Book 21, Page I Public Records of Collier County, Florida. Dear Mr. Cox; Enclosed you will find four (4) Purchase Agreements for /the ove rreferre roperty which have signed and had witnessed. G"" v' �y� 20 My understanding is that that effective date is the le Of February, 2007 and that date is therefore the start of the Inspection Period, If I am incorrect please let me know. It has been brought to my attention that the Port of the Islands Community Improvement District intends to try and renegotiate the purchase price during the inspection period by asking for a reduction in the purchase price for the portion of the property in the conservation easement. I can advise you that we are not prepared to reduce the price which has been agreed. Thank you for your help in bringing this proposed transaction to this point Sincerely, ex-ef/ Jolm A. Wanklyn President Cloverfield Investments, Inc. C.C. Timothy G. Hains, ESQ. With Copy of Purchase Agreement MAR -02 -2007 14:35 SEVERN TRENT SVCS. Hf" HOLE MONIES ENGINEERS PLANNM- SURVEYORS P. 01X07 16i 1Atf2ft�" 950 Encore Way • Naples. Flonda 3411D, Phone. 239.254 2000 • Fax: 239.254,2097 February 28, 2007 Mr. Calvin Teague Severn Trent Services 4837 Swift Road Suite 100 Sarasota FL 34231 RE: BETTER ROADS, INC. PAYMENT APPLICATION NO.3 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT ROAD RESURFACING HM File No.: 2004.126 Dear Mr. Teague: Enclosed please find two (2) copies of Better Roads, Inc., Application for Payment No. 3 in the amount $176,994.00, dated February 09, 2007, for work through January 31, 2007, and received by Hole Montes on February 10, 2007. Hole Montes has reviewed this request and recommends payment in the revised amount of $162,111.60, as noted below. Application No. 3 requests 100% payment for all work items except for the new median crossing, which has not yet been formally added by change order, and pavement striping, which has not been started as of this writing, The recommended payment amount of $162,111.60 reflects payment for only 90% of Line Item #4 since this work has not yet been satisfactorily completed per our correspondence of February 01, 2007. Please refer to attached schedule of completion recently received from the contractor. Depending on the actual final cost of the new median crossing (which was estimated at approximately $20,000) payment in the revised amount of $162,111.60 would leave approximately $89,412 remaining to be paid upon final completion of all remaining Contract work punch list items as follows: Remainder Line Item #4 $16,536 Retainage $41,376 Pavement Striping $11,500 New Median Crossing $20,000 (to be reimbursed by others) Naples • fort Myers • Venice • Englewood MAR -02 -2007 14:35 SEVERN TRENT SVCS. P.02i07 Mr. Calvin Teague 161 1 A 3 Severn Trent Services HM File No_: 2004.126 February 28, 2007 Page 2 Please ensure that a copy of Better Roads letter of transmittal with the Hole Montes date stamp is forwarded to the POI CID's Accounts Payable Department along with the Application for Payment. Sincerely yours, HOLE MONTES, INC. H. Cliffo pper III, P.E. Director of Project Management HCP:dmc cc: Ted Bissell, Port of the Islands - CID Robert Dick, STS c/o POI Ron Benson, Hole Montes Joe Goetz, Hole Montes Robbie Powell, Better Roads HA200412004126\WPlpay Applicafimea0070227 ct NyApplimrim 3-dm MAR -02 -2007 14:35 SEVERN TRENT SVCS. ?'' /a 3 111ce February 26, 2007 Hole Monte s 950 Encore Way Naples, Florida 34110 Attn: Joe 3oetz Pori of the Islands Road Resurfacing Dear Joe, Plcase accept this letter as our update to the correction of the above referenced project. Pursuiant to your letter we intend on scheduling our repay crew for the deficient areas the week of April 2, 2007. We anticipate the repair work to take 3 to 4 days. All striping prior to this we anticipate starting the week of March 5h (provided we have the informatior. requested in our e-mail of February 24, 2007). Our dressing and final clean up along with the sod ittstallation will require rescheduling due to unforeseen cold weather damaging the sod supply. Once we have a confirmed date we will pass it along to you. We do not anticipate the sod placement and cleanup to take longer then March 16, 2007. If th, -re are any concerns we have not addressed in this letter please feel free to contact our office, Respectfully Submitted, B � � l awes R. P ),well III P. 03/07 Please Reply tb! ❑ P.O. BOX 997P - 1910 SEWARD AVE. - NAPLES, FLORIDA34101 - (239) 597 -2181 . FAX (239) 597 -1597 171 13391 SR 31 -PUNTA OORDA, FLORIDA 33982 - (239) 567 -2231 -FAX (289) 567 -2250 ❑ 23423 JANICE AVE, - CHARLOTTE HARBOR, FLORIDA 33980 - (941) 629.5551 - FAX (841) 743 -2816 fl an Rox ionn . 9ARn MD STATE ROAD 8 - LAKE PLACID. FLORIDA 33662 - (863) 465 -5797. FAX (239) 597 -mm 119 -1 zoo d 808 -1 -4011 44111:la 1002 -92 -za MAR-02-2007 14:35 SEVERN TRENT SVCS. P.04/07 APPLICATION FOR PAYMENT BETTER ROADS INC. P.O. BOX 9979 NAPLES, FL, 33941 BILL TO HOLE MONTES 950 ENCORE WAY NAPLES, FLORIDA 34110 C/O PORT OF THE ISLAND COMMUNITY DEVELOPMENT DISTRICT 161 APPLICATION FOR PAYMENT DRAW*: THREE INVOICE DATE: 2192007 PERIOD TO DATE: 1/31120U7 INVOICE # 33806 ATTENTION! JOE GO= PROJECT: PORT OF THE ISLAND PAVEMENT RENEWEL ACCOUNT # 433 -'.5RI.JO8# 12706 .... ....... . . . . 1. ORIGINAL CONTRACT AMOUNT 2. CHANGE ORDERS AREA CURRENT AMOUNT $479.792.50 CHANGE ORDER TOTAL 3. CURRENT CONTRACT AMOUNT (A+B) 4- VALUE FROM PREVIOUS APPLICATION 5. VALUE OF WORK THIS PERIOD S. TOTAL COMPLETED AND STORED To DATE 7- RETAINAGE: a. 10.0% OF TOTAL FROM ITEM #6 S. TOTAL EARNED LESS RETAINAGE (ITEM #6 LESS rrEM#7) 9- LESS PREVIOUS CERTIFICATES FOR PAYMENT 10, CURRENT PAYmENTDuE S479,792.5o CHANGE ORDER AMOUNT $D.00 $0.00 $479,792.50 $233.63250 498,66&Bb 190 17#,&t7 —"w"tw it 141756 , 5-0 1-43'829.29 Ati 1 3 7S, 65' -4asPlOus 11. BALANCE TO FINISH, PLUS RETAINAGE $92,529.25 CONTRACTOR'S CERTIFICATION: ...... THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PREVIOUS PROGRESS PAYMENTS RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE CONTRACT REFERRED TO ABOVE HAVE BEEN APPLIED To DISCHARGE IN FULL ALL OBLIGATIONS OF CONTRACTOR INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS APPLICATION FOR PAYMENT UNDER THIS CONTRACT AND, (2) TITLE TO ALL MATERIALS AND EQUIPMENT INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR COVERED BYTHIS APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF PAYMENT FREE AND CLEAR OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRANCES (EXCEPT SUCH AS COVERED BY BOND ACCEPTABLE TO OWNER). DATED.' BETTER ROADS I BY: wjr#vo:7'71!—m!rA I 1, 15.1, , �l I A3 T MRR -02 -2007 14:35 SEVERN TRENT SVCS. P.05i07 ffi � �0i _ WYt - ao? os- w FF 1 w p 2 z5 Uy L F v i F V s� zY 48 n ¢~ " osa u0 e r ui 2 U I�i n n k a � � u w � x °o V w� v n 00 n F� lgj FuZ u y77Lg ¢�C 0 m¢ w ¢ u 0 6 d- sa o $$888 n y ¢¢ RR QQ QQ s^ 6 � d- sa o $$888 n y ¢¢ RR QQ QQ 6 O� ^ NJ j $ °88 �5t888 8 a - N p C, sssssss aessa � o 8 ^888» 998$8 0 0 3 0 0 o e o ?8$ 88 B.,So8 R d- sa �NN « ass QQ a s QQ R5j ¢¢ RR QQ QQ 6 O� ^ NJ j $ °88 �5t888 8 a �NN .�N JNNV» ass RaRaa a_A$ng C` 88 ss ss �e LZO MR y w llm 01 1521 RE ,8$ 5888$ J 38885 F8888 i .vddd dddod X888$ 388»588 .� : o « g``�1 V' ll y Z j 8 l\ T Z 0 LI M IS Pm <I go;� �yyF r �f 161 1 A3 MAR-02-2007 14:35 SEVERN TRENT SVCS. 161 APPLICATION FOR PAYMENT APPLICATION FOR PAYMENT BETTER ROADS INC. P.O. BOX 9979 NAPLES, FL 33941 DRAW 9: THREE BILL TOE HOLE MONTES 950 ENCORE WAY INVOICE DATE: 219/2007 NAPLES, FLORIDA 34 110 C/O PORT OF THE ISLAND PERIOD TODATE; 1/3I/2007 COMMUNITY DEVELOPMENT DISTRICT INVOICE N 33806 ATTENTION; JOE GOETZ PROJECT: PORT OF THE ISLAND PAVEMENT RENEWEL ACCOUNT# 433 SRI JOB # 12706 . ...... ... 1. ORIGINAL CONTRACT AMOUNT 2 CHANGE ORDERS AREA cuRRENTAMOUNT $479,792.50 CHANGE ORDER TOTAL 3, CURRENT CONTRACT AMOUNT (A+8) 4. VALUE FROM PREVIOUS APPLICATION 5. VALUE OF WORK THIS PERIOD 8, TOTAL COMPLETED AND STOREDTO DATE 7. RETAINAGE: a- 10.046 OF TOTAL FROM ITEM #6 8. TOTAL EARNED LESS RETAINAGE (ITEM #6 LESS tTEM#7) 9- LESS PREVIOUS CERTIFICATES FOR PAYMENT 10, CURRENT PAYMENT DUE 5479,792.50 CHANCE ORDER AMOUNT $0.00 SO-00 $479,792.60 $233,632.50 -&*9"mme- mo fz.*,&o we'"ess- q- i it 756 , So -%4"20.e5-- $tl 1 376, 105' 48mlfia-24 37?l360'es* —91=6 6 �Z/ ") �14 I'- BALANCE TO FINISH, PLUS RETAINAGE $92,529.25 ...................... CONTRACTOR'S CERTIFICATION: . ...... THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PREVIOUS PROGRESS PAYMENTS RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE CONTRACT REFERRED To ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLIGATIONS OF CONTRACTOR INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS APPLICATION FOR PAYMENT UNDER THIS CONTRACT AND. (2) TITLE TO ALL MATERIALS AND EQUIPMENT INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR COVERED BY THIS APPLICATION FOR PAYMENT WILL PASS TO OWNER ATTIME Or PAYMENT FREE AND CLEAR OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRANCES (EXCEPT SUCH AS COVERED BY BOND ACCEPTABLE TO OWNER), DATED: BETTER ROADS IN,0"D6'vr BY: P.06 /07 1 A -3 MAR -02 -2007 14:36 SEVERN TRENT SVCS. waC$ Y�eA 2 m z oFO� X80-1 ly Z�Z w a u u � w �n w a � a � na '3 �6 m _ �w � u z 4 U O g o� as �D 88 �8 aoa 8$ c 3 az WW3F� qJ� NIA 2 I K K R W sma�s M M CV aseaaa8 aa.a:i a 4 �_ j2 6 O C o y eg3sys� as s�s.a.s � A Vin? a�dg�0o ��Cqe U \T oa s V Qa Qaa °Q6 $e S ly Z�Z w a u u � w �n w a � a � na '3 �6 m _ �w � u z 4 U O g o� as �D 88 �8 aoa 8$ c 3 az WW3F� qJ� NIA 2 I K K R W Q 3. ,a8 a_RaABg C` y 4 J ;e as s$gas N n 888 $a a 8 i a a 0 seoo .8.888 889,88a r Irv- a a G F z ¢Y z J 161 P.07/07 1A3 TOTAL P.07 161 143 Port of the Islands Community Improvement District Unaudited Financial Statements as of January 31, 2007 Port of the Islands 161 Community Improvement District Combined Balance Sheet January 31, 2007 1A3 Liabilities Accounts Payable $10,297 Fund Tvpes $14,486 $24,783 Accrued Expenses $2,029 $0 $2,829 Totals Assets General Debt Service Enterprise 2007 Current Assets: $118,126 $0 $0 $118,126 Cash $0 $0 $272 $272 Operating Account $455,243 $0 $817,574 $1,272,818 Investments $130,682 $0 _ $44,590 $175,272 Stale Board $896,172 $0 $892,826 $1,788,999 State Board - Reserve $77,397 $0 $0 $77,397 Revenue Account $0 $483,026 $0 $483,026 Redemption Account $0 $3,722 $0 $3,722 Accounts Receivable $0 $0 $18,288 $18,288 Due from Other Funds $0 $23,250 $94,877 $118,126 Total Current Assets $1,428,813 $509,998 $1,823,566 $3,762,376 Noncurrent Assets: Property $0 $0 $90,480 $90,480 Plant & Equipment (Net) $0 $0 $3,769,775 $3,769,775 Total Noncurrent Assets $0 $0 $3,860,255 $3,860,255 Total Assets $1,428,813 $509,998 $5,683,821 $7,622,631 Liabilities Accounts Payable $10,297 $0 $14,486 $24,783 Accrued Expenses $2,029 $0 $2,829 $4,858 Accrued Taxes Payable $230 $0 $153 $383 Due to Other Funds $118,126 $0 $0 $118,126 Other Current Liabilities $0 $0 $272 $272 Customer Deposits $0 $0 $26,850 $26,850 Total Liabilities $130,682 $0 _ $44,590 $175,272 Fund Equity Other Credits Contributed Capital $0 $0 $5,121,134 $5,121,134 Retained Earnings $0 $0 $518,097 $518,097 Fund Balances Unreserved $1,298,131 $0 $0 $1,298,131 Reserved for Debt Service $0 $509,998 $0 $509,998 Total Liabilities, Equity & Other Credits $1,428,813 $509,998 $5,683,821 $7,622,631 Page 1 of 14 cn Z Q J _D w LLI I- LL 0 I— Ir a O F Z W 2 W Q cn I O Q N Cl) I � S � i Q 7 U Z Q O � O Q ? 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V y 1� O !O {� may{ w i m N♦ V CO T °` V m _ NHNw «N:» M Iw O Ow 0 0 0 0 O O O O MOH O° V Y e wi wiw °H °H H N »H N H i HIS N N ° '.° 1 A.3 4' N a 2 HH'Ow I I O O 1 w w H I I I awl r t 1 I IHI 10 H H °H N ° N HH »q fne Y i ry I N r H19 w��l IH `y ty H I N Q 2 2 2 H H IH « N Vii° r m NOa �H mm M III Ij � O f9 Y��2 f9mw X T Hw m .H H H HH n N l iH N �I.HH yNjl p N rrIIIF It 2 tO V m I n °m N N n q m o n � to S' of °o °H.0 aY°d Nl l ww �w ,6°0311 �IOmw ry a omw �H''�°on y YO° Y EI III N HI^ N H II N I I N Qm i I I.N I I III ICI ' O Y I E I E <n" 1 A.3 4' N a 161 1A:3 Port of the Islands Community Improvement District Summary Of Check Register January 2007 General Fund Date Check No. Amount 1/01/07- 1/31107 51411 - 51440 $ 1,235,096.76 Total $ 1,235,096.76 O J G ON w l0 O N mQ �U 2 a ¢ o N O m o 0 2 0 a a7 w v C C1 O c J O o 0 o rn N Q N O Z O o N c � 7 LL 0 o. c 0 o 0 O J E N C O O m w C Q N 0 0 C O O U tA 0 O E a G 0 � 3 L Z Z z Q � N U c 0 � N O to (� E N r O 0 o 2 LU M m S a o � o Y O O O °o ° as d YU 3 0 Co N CL° o f f00 dZ ° Uiga D Q a e J y/n o YLr N D H w z E .- yF= O r oa UZ u) O w � O Q r � o Y a0i rr ) w t 0 m O O r U a m O. 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'!!.• ; ) {))i) ! )2\ !z; H« „ § |� § � _ ! ) |) ;! '!!.• ; ) {))i) ! )2\ !z; 161 1 A3 t E � e ;n n E $ $ wo 'J U {,: 4q ryFA 4e ma U0 � a a" 63 � E co m� IN 08 : U1V$ 0 o8 8 mg E � o a ° ! .22 S EE Emmo 2 2 3 F m `3 ��g88 0� 3 Ez �Wg a;•a,� R� w �r 3� =0 3a �; ;33 U t d a rn Ea LE F O N n i�� Er 'NO G m 9 0 T: 161 1 A3 t E � e ;n wo 4q 4e ma U0 � a a" `4 E co g 08 U1V$ 0 o8 8 mg E � o a EE Emmo 2 F m `3 ¢ m i 3� =0 3a �; ;33 161 1 A3 MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 19, 2007 RE: Miscellaneous Correspondence - BCC Agenda :,L ll� 1J!i,.; v., iStJllCf$ Misc. Correspondence Agenda Date Agenda Item # Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District Port of the Islands Community Improvement District has submitted the following items: a. Document from minutes of meeting held December 8, 2006. Thank you aspecial \special 1 A3 Port o f the Islands 161 1A3 Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 796 -0623 fax April 13, 2007 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Document from Minutes of Meeting Held December 8, 2006 From: Calvin Teague District Manager Enclosed for your records is a Original Recorded Consent to Use Easement Area which was approved at the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753 -5841. Cc: For information purposes only: Clerk of the Circuit Court c/o Mr. Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 jms RECEIVED gg 12 2006 FINANCE DEPT. DANIEL H. COX, P.A. Attorney At Law 206 West 6th Street Post Office Drawer CC Carrabelle, Florida 32322 Of Counsel to Young, van Assenderp, P.A. Telephone (850) 697 -5555 Facsimile (850) 697 -2171 Naples(239)370 -0842 Email dhcox @gtcom.net February 7, 2007 Calvin Teague Severn Trent 5726 Corporation Circle Fort Myers, FL 33905 RE: POI - DEPPERT Dear Mr. Teague: _ .rs Enclosed are the following documents: 1. Original recorded CONSENT TO USE EASEMENT AREA. If you have questions, please do not hesitate to call. Si cerely Lesley H. C Legal Assistant to Daniel H. Cox Enclosure cc: File 161 1A3 ° d T T Y o = V v m .= m L, o ,� u v n ° o� � y O E U S m V a � � � v .4+ s U d 0 n �Y O Y A G N m O O� ,x N O ° V S' S tfL ri 4 m m ° R N This instrument was prepared by and should be returned to: Daniel H. Cox, Esq. Daniel H. Cox, P.A. P.O. Drawer CC Carrabelle, FL 32322 CONSENT TO USE EASEMENT AREA 16! 1A3 THIS AGREEMENT is made this _1 __ day of dlc,4,r, _, 2007, between Port of the Islands Community Improvement District ( "District ") and Gilbert D. Deppert and Bonnie J. Deppert, husband and wife ( "Owners'). WHEREAS, District is the owner of improvements located within the right -of -way and easement areas adjacent to Lot 15, Port of the Islands, Phase II, as described in the Plat of Port of the Islands (the Cays) Phase II, recorded in Plat Book 21, Pages I through 4, of the Public Records of Collier County, Florida; and WHEREAS, Owners wish to insall a brick -paver driveway across the District's easement areas and over the District's facilities described above. WHEREAS, District is willing to consent to Owners' use of the easement area under the terms and conditions herein described. NOW, THEREFORE, in consideration of these premises, the District and Owner hereby agree as follows: 1. Notwithstanding any of the provisions of the grants or dedications of easements in favor of the District, which prohibit construction and installation of the brick -paver driveway, and subject to the terms, stipulations and conditions stated herein, consent is hereby given by District to Owners to install, maintain and utilize the brick -paver driveway across the District's easement areas. 2. Owners hereby accept this Consent to Use Easement Area with full knowledge of District's prior rights and existing facilities. This Consent shall not be construed to reduce or , 4 UD� OR: 4115 PG: 2695 161 1 V diminish District's prior rights in any way. 3. The Owners' improvements located within the District's Easement shall be constructed, utilized and maintained as to not, in any way, prevent the safe and uninterrupted access to and across the easement and operation of the facilities of the District within the easement area. 4. District will have the right to remove any part of the improvements as may be reasonably necessary for the purpose of constructing, maintaining, repairing, altering, replacing, or removal of its drainage facilities as determined by the District. 5. The District shall not be liable in any manner for damages to, or the cost of replacement of, all or any portion of the facilities and the Owners hereby assume all risk and expense involved in the replacement or reconstruction of same. 6. Owners hereby agree to indemnify, save, defend and hold harmless District (including, without limitation, District's officers, employees, agents, nominees and residents) from and against any and all losses, damages (including, without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, promises, variances, trespasses, executions, and liabilities (including reasonable attorneys' fees and costs at all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract, or otherwise, which may be asserted or recovered against District (including, without limitation, District's officers, employees, agents, nominees, and residents), whether asserted by suit, proceeding, defenses, counterclaims, set- offs or otherwise, resulting from Owners', their successors or assigns (including, without limitation, their invitees, licensees, franchisees, guests, lessees, employees, agents and nominees), use, enjoyment and occupancy of the easement area. 7. This Agreement shall continue in full force and effect until terminated by recording an 6 OR: 417 PPG':�2696 3 instrument in the Public Records of Collier County, Florida, signed by the District. 8. All of the terms and provisions of this agreement shall be binding upon and shall inure the benefit of the heirs, successors and assigns of the parties hereto. 9. It is mutually understood and agreed that this agreement, as written, covers all of the agreements and stipulations between the parties and that no representations or statements, oral or written, have been made modifying, adding to, or changing the terms hereof. IN WITNESS WHEREOF, the parties have caused their names to be hereunto subscribed this day of X9/1 l/ l , 2007. agces rinted Na Signature atu `.fib aA.l.,9 Printed Name � d STATEOF • •��T.7 OWNERS- By: Gilber D. • pp / . ,. Bonnie J. l5eppert The foregoing instrument was acknowledged before me this > O da ot�, 2007 b�h y, Gilbert D. Deppert. He is Lj personally known to me or [✓]'have produced L'DU-- ink 9 YBtib as identification. Priu, Name: OTARY PU LIC C mission Number: ... FRANCES FRANCES M. AGOS i 0 - �"' �•- COMMISSIONS DD 191743 EXPIRES. Mar °h9 2007 % o'��D 2ondetl R.¢ NOlary PobGWntlenmi�ers STATE OF COUNTY The foregoing instrument was acknowledged before me this Deppert. He is [_] personally known to me or D!!n have produced _ WITNESSES: Signature Printed Name - a r Gek R Printed Name STATE OF FLORIDA, COUNTY OF Q-a OR. 4175 PG. 6967 � ** 1A3 day ofi�,2007 by Bonnie I. as identification. NOTARY PkfBLIC Commission Number: JOY A. 0171 Nok" Pty. C„ o d tJll®WQM jr " �M�Yy �C�>�raaa�r��,,� 20, 7+11'11 AC#S1J.1aN.Nb �.' PORT OF THE ISLANDS COMMUNITY IMPROVEMEN DIST lEr-7 Ted Bisset; Chairman A The foregoing instrument was acknowledged before me this d day of ?_ sf 2007, by Ted Bissel as Chairman of the Port of the Yatids Communi Improvement District. He is Vpersonally known tc me or [_] has produced identifi ation. , Pfim Name: NOTARY PUBLIC Commission Number Robert GG*WV, • wN CMMA"On ow64459 N1J / Expv" NoveWx 01.400! y..1.6_ - -. q a MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 19, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritaue Community Development District Naples Heritage Community Development District has submitted the following items: a. Minutes of the meeting held January 8, 2007. Thank you AspeciaRspecial OatehrJJ�I— s]ClL/ (� Copes to 161 1A4 Naples Heritage Community Development District SEVERN TRENT MANAGEMENT SERVICES 210 N. University Drive, Suite 800, Coral Springs, Florida 33071 Tel. (954) 753 -5841 • Fax (954) 796.0623 DATE: March 28, 2007 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112 -3016 FROM: Joyce P. Kroesen, Recording Secretary I-RA Minutes of the Meeting held January 8, 2007 Enclosed for your records are copies of the minutes of the above referenced meeting of the Naples Heritage Community Development District, which are to be kept on file for public access. /jpk Encl: Cc: For information purposes only: Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Mr. Dan Cox PO Drawer CC Carrabelle, FL 32322 Ms. Cindy Rymer GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 161 1V MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Feritage Community Development District was held on Monday, January 8, 2007 at 9:00 a.m. at Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Chairman Peter V. Ramundo Vice Chairman Frederick Hayes Assistant Secretary Gerald G. James Assistant Secretary Kenneth R. Gaynor Assistant Secretary Also present were: Jolm Petty District Manager Cal Teague Severn Trent Tim Qualls District Counsel (via telephone) The following is a summary of the discussions and actions taken at the January 8, 2007 Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Lombardi called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Ratification of the Minutes of the October 23, 2006 Meeting and Approval of the Minutes of the November 13, 2006 Meeting Mr. Petty stated each Board member received copies of the minutes of the October 23 and November 13, 2006 meetings and requested any corrections, additions or deletions. The Board made several changes, which will be incorporated in the amended minutes. • Mr. Petty explained the resolution numbering system and the difference between a motion and a resolution. Motions are everyday work items and resolutions meet statutory compliance. January 8, 2007 161 14 Naples Heritage CDD On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the minutes of the October 23, 2006 were ratified as amended. It was noted, according to the numbering, Resolution 2007 -2 is missing. Mr. Petty noted it was in the package but was not applicable and was removed. On MOTION by Mr. Mayes seconded by Mr. James with all in favor the minutes of the November 13, 2006 meeting were approved as amended. THIRD ORDER OF BUSINESS Manager's Report A. Ratification of Resolution 2007 -3 Election of Officers • It was noted Mr. Gerald James and Mr. Kenneth Secretaries in addition to Mr. Frederick Hayes. Gaynor are also Assistant On MOTION by Mr. Hayes seconded by Mr. James with all in favor Resolution 2007 -3 Designating Mr. Peter Lombardi as Chairman, Mr. Peter Ramundo as Vice Chairman, Mr. John Petty as Secretary, Ms. Janice Larned as Treasurer, Mr. John Petty as Assistant Treasurer and Mr. Frederick Hayes, Mr. Gerald James and Mr. Kenneth Gaynor as Assistant Secretaries was ratified. B. Ratification of the Engagement Letter with Grau & Associates to Perform the Audit for fiscal Year 2006 On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the engagement letter with Grau & Associates to perform the audit for fiscal year 2006 was ratified. • Mr. Petty informed the Board the Gran & Associates audit process has begun. • They delivered a draft audit which is fine except for one note under the management letter. • This is unusual because we typically have clean audits. 2 January 8, 2007 161 �Aq Naples He age CDD • The note is on the seal coating job performed which was a significant change to the budget. The Board knew and discussed this change which was done through a motion at a public meeting. • The auditor has looked at a strict compliance with statute that it should have been done by resolution. We look at this as an item which may be a strict interpretation and have asked counsel to review it. • It refers to statute 189 stating budget amendments must be done by resolution. I am bringing it to the Board's attention because I do not believe it is a material item and will wait for a recommendation from counsel. • The Board questioned what effect this will have on the Board of Supervisors. • Mr. Petty indicated none, other than a recommendation on how to act in the future. FOURTH ORDER OF BUSINESS Attorney's Report • Mr. Qualls will discuss the audit issue with Mr. van Assenderp and report back to the Board at the next meeting. FIFTH ORDER OF BUSINESS Supervisor's Requests • Mr. Petty introduced Mr. Cal Teague and offered his services to the Board as District Manager and they concurred. • The Board appointed Mr. Teague as Secretary leaving Mr. Petty as Assistant Treasurer. On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor Mr. Calvin Teague was appointed Secretary. SIXTH ORDER OF BUSINESS Audience Comments There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Approval of Financial Statements • An insurance payment is made once per year. • The District is in good shape financially. • The fee for the fiscal year 2006 audit was not included in the budget and a resolution amending the budget may be required at a later date. 3 161 JAS January 8, 2007 Naples Heritage CDD • The Board did not have any other concerns regarding the November 30, 2006 financials • There was concern regarding large iguanas. • It was requested the District Manager send a letter to the Naples Heritage Club Golf Club Board of 'Trustees notifying them of the iguana problem and asking them to contact Florida Fish & Wildlife for information on how to proceed. EIGHTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the meeting was adjourned. f1;g4U0elF#R5 S. la. �Aw+eS Assistant Secretary Peter J. Lombardi Chairman 4 161 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 1A4 Monday Naples Heritage Golf & Country Club Clubhouse January 8, 2007 8150 Heritage Club Way 9:00 a.m. Naples, Florida 1. Roll Call 2. Ratification of the Minutes of the October 23, 2006 Meeting and Approval of the Minutes of the November 13, 2006 Meeting 3. Manager's Report A. Ratification of Resolution 2007 -3 Election of Officers B. Ratification of the Engagement better with Gran & Associates to Perform the Audit for Fiscal Year 2006 4. Attorney's Report 5. Supervisor's Requests 6. Audience Comments 7. Approval of Financial Statements 8. Adjournment Naples Daily News Naples, FL 34102 1 V ` Affidavit of Publication +11• I-lY Naples Daily News ------------------------------ NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 NOTICE OF EETINB CORAL SPRINGS FL 33071 I {�j.Yp0 DEV61.0 DIS7AIFT The regular meeting REFERENCE: 052512 - of the Board of $upeM- 59333585 NOTICE OF MEETINGNAP YA tars of the Naples Nerl. rage -0ommunitY DevR0( District will be State of Florida opment held 0 Mondayy, lanuar- County of Collier y & 217 at 9:00 A.M. at a Before the undersigned authority, personally appeared Phil Lewis, who on that he ,� Alto Har�,ale0pit- S7 cub oath says serves as the Editor and Vice President of the tap. sa' 1 D s, Flole. [' Its, Plarl• Naples Daily News, a daily newspaper published atg pe ro th 0 lewd wit be, Naples, in Collier County, Florida: that the attached copy of advertising was published in said conducted in aecoCE trice with the proy- newspaper on dates listed. slons of Florida taw for Affiant further says that the said Naples Daily communitylcDeVelop- News is a newspaper published at Naples, in said meeting may be contin- Collier County, Florida, and that the said uep to a date, time. and newspaper has heretofore been continuously (ace to be specified on record at the meet - published in said Collier County, Florida, each Ing, day and has been entered as second class mail mere may Lye occa- matter at the post office in Naples, in said starts when oneormpre. Collier County, Florida, for a period of 1 year supervisors wlll,particl- telephone. by telephone. at next preceding the first publication of the P 9 P ppate above attached copy of advertisement; and affiant .tqt will be: resentaspeak- further says that he has neither paid nor Irite�lesttea person-chn promised any person, firm or corporation any attend the meeting at discount, rebate, commission or refund for the trye���qbove location and purpose of securing this advertisement for discily Informed of the dls<us lions taking publication in the said newspaper. pplace either In oersan or by:telephone dommuni- PUBLISHED ON: 01 /01 01 /01 cgtlan. pyy erson requit ng eeo-WP accamm a= tioat this me0 9 -. of a Y ofphse pair Or - 'physical impaitmen[ should contact the. Dis- trkt Orce at 164): 753 - AD SPACE: 71.000 INCH sm at least t ree,gal- FILED ON: 01/01/07 mcladdays prior, to he mead- Ea who -de- - - - - - - - - - - -/ x)) person clots to appeal any ac- Signature of Affiant ) Sworn to and Subscribed before me this `� day of V 20Z�') Personally known by me appeal Is to be based. YA 161 1 A q RESOLUTION 2007 -3 A RESOLUTION DESIGNATING OFFICERS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointed to the offices shown, to wit: Peter Lombardi Chairman Peter Ramundo Vice Chairman I66t�k3 --1(1114444� "Treasurer Janice Larned John Petty Assistant Treasurer Frederick Hayes Assistant Secretary(s) Gerald James ^ S '-e Kenneth Gaynor PASSED AND ADOPTED THIS, 8TH DAY OF JANUARY, 2007. Peter o bardi Chairman I v,TryGrau & Associates Et certified public accountants November 14, 2006 Board of Supervisors Attn: Janice Lamed Naples Heritage Community Development District 210 N. University Drive, Suite 702 Coral Springs, Florida 33071 161 11� 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 • (800) 299 -4728 Fax (561) 994 -5823 www.oraucpa.com We are pleased to confirm our understanding of the services we are to provide Naples Heritage Community Development District, Florida, (the "District ") for the year ended September 30, 2006. We will audit the financial statements of the governmental activities, each major fund and the remaining nonmajor fund information, if applicable, which collectively comprises the entity's basic financial statements, of Naples Heritage Community Development District as of and for the year ended September 30, 2006. The document we submit to you will include the following supplementary information required by U.S. generally accepted accounting principles that will be subject to certain limited procedures, but will not be audited. 1. Management's discussion and analysis 2. Budgetary comparison schedule for the general fund Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of Naples Heritage Community Development District and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. This report will include a statement that the report is intended solely for the information and use of the management and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. q 16 Aq Naples Heritage Community Development District Page 2 Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud, or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. As part of the audit, we will prepare a draft of your financial statements and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. While we will assist in the preparation of the District's financial statements, responsibility for the financial statements and preparation of Management's Discussion and Analysis are the responsibility of the District. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards lj�Grau & Associates Naples Heritage Community Development District 161 1 Aq Page 3 do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. Our responsibility as auditors' is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures —Compliance Identifying and ensuring that Naples Heritage Community Development District complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Naples Heritage Community Development District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will riot be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on Naples Heritage Community Development District's financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of Gran & Associates and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested giGran & Associates a Naples Heritage Community Development District 161 1A4 Page 4 to make certain audit documentation available to a cognizant or oversight agency for audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau & Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing, the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation. Our fee for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $4,000 for the September 30, 2006 audit. This agreement may be renewed each year subject to the mutual agreement to all terms, including fees, of both parties. The fee for each annual renewal will be agreed upon separately. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out - of- pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2004 peer review report accompanies this letter. We appreciate the opportunity to be of service to Naples Heritage Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Grau & Associates Antonio Grau. Jr. RESPONSE: This letter correctly sets forth the understanding of Naples Heritage Community Development District. 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INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED,, IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES – MARCH 15, 2007, REGULAR MEETING; MARCH 22, 2007, GMP MEETING; MARCH 29, 2007, GMP MEETING 6. BCC REPORT- RECAPS – APRIL 10, 2007, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: PE- 2006 -AR- 10551, DeVoe Family Limited Partnership II, represented by Sandra Botcher of Q. Grady Minor & Associates, P.A., is requesting a parking exemption for the DeVoe Suzuki dealership. The exemption seeks approval of an off -site employee parking area on a residentially -zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially -zoned district. The subject property, consisting of 0.23 acres, is located at 1397 Trail Terrace Drive, on the northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in Section 22, Township 49 South, Range 25 East Collier County, Florida. (Coordinator: John -David Moss) B. Petition: PUDZ- 2006 -AR- 10698, A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the I- 75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier Cour%WS, Fil$b. Coordinator: Kay Deselem) �' 1 Date._- --�j 5 � L —" temtf._,�°. �= copies to I (-, f i g C. Petition: PUDA- 2006 -AR- 10916, Grand Inn of Naples, Inc., represented by Michael R. Fernandez, AICP, of Planning Development Inc., requesting a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) for the Pine Ridge Mixed Use Center PUD to add 24,000 square feet of commercial use, add General Office as a permitted use, eliminate Restaurant as a permitted use, and to change the development standards. The subject property, consisting of 4.02± acres is located at 1100 Pine Ridge Road, in Section 15, Township 49, Range 25, Collier County, Florida. (Coordinator: Mike DeRuntz) CONTINUED FROM 4/19/07 D. Petition: PUDZ- 2005 -AR -8379, Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Moores, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 238 residential dwelling units of which 30 percent of the total number of units will be for Affordable - Workforce Housing, is located at 14290 — 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Mike DeRuntz) CONTINUED FROM 4/19/07 E. Petition: PUDZ- 2005 -AR -8284, Tree Farm Land Trust, represented by Robert Mulhere, AICP of RWA, Inc., and George Vamadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP, is requesting a rezone from the Agricultural (A) zoning district to the Mixed -Use Planned Unit Development (MPUD) zoning district for project to be known as Tree Farm MPUD consisting of a maximum of 200,000 square feet of commercial uses; and a maximum of 425 residential units. The subject property, consisting of 58.84 acres, is located at 8799 Immokalee Road, in Section 22, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Mike DeRuntz) CONTINUED TO 5/17/07 Petition: PUDZ- 2005 -AR -7588, Richard Evans, represented by Tim Hancock, of Davidson Engineering Inc., requesting a rezone from Rural Agriculture "A" zoning district to Commercial Planned Unit Development "CPUD", to be known as Evans CPUD, by creating a PUD Document and Master Plan, proposing medical and professional offices and non- commercial indoor storage by occupants of the building(s), with a maximum of 52,000 square feet. The subject property, consisting of 6.0 acres, is located west of Livingston Road and south of Pine Ridge Road at 12745 Livingston Road in Section 13, Township 49, Range 25 East, Collier County, Florida. (Coordinator: Mike DeRuntz) OLD BUSINESS A. Discussion to clarify how staff determines when maximum size limits for each type of sign has been met, as required by Section 5.06.03 of the LDC. (Coordinator: Melissa Zone) 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 5 /3 /07 /CCPC Agenda/RB /sp I' Mal 15, ;A7' TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida March 15, 2007 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 ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student- Stirling, Assistant County Attorney Jeff Klatzkow, Assistant County Attorney CHAIRMAN STRAIN: Good morning, everyone. If you'll please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. And welcome to the March 15th meeting of the Collier County Planning Commission. We'll have roll call by our secretary. Item #2 ROLL CALL BY CLERK COMMISSIONER CARON: Mr. Kolflat? COMMISSIONERKOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney is here, coming in right now. Ms. Caron is here. Page 1 161 101 March 15, 2007 Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: And we had bets on Mr. Midney, whether he'd make it on time or just a minute later, so looks like I won that bet. Item #3 ADDENDA TO THE AGENDA The addenda to the agenda. Staff had sent a notice around. Petition E, the PUDZ- 2006 -AR -9150, it's the Bradford Square MPUD, has been continued. It will not be heard today. So if anybody is here for that one, it's not on today's agenda any longer. Is there any other addenda to the agenda? (No response.) CHAIRMAN STRAIN: Is there a motion to accept the continuance of agenda Item E? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Seconded by Commissioner Caron. All in favor, signify by saying aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Okay, Planning Commission absences. Next week, and the week after, every Thursday this month, virtually, the 22nd and the 29th, we have meetings on the Growth Management Page 2 1, 10A March 15, Plan amendments that are remaining. There are -- I believe, Ray, both meeting locations for those have been set for the developmental services building; is that correct? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay. So next Thursday at 8:30 we will all be meeting at developmental services building. We will start with Petition 2006 -4 and try to get through as many of them as we can in eight or nine hours. That was the one we left off with -- or the one that got continued from last meeting, left over from the Golden Gate area. So is anybody planning not being here on next Thursday? COMMISSIONER MURRAY: I have to leave before 4:00. COMMISSIONER ADELSTEIN: I do, too. COMMISSIONER MURRAY: But I'll be here otherwise. CHAIRMAN STRAIN: Well, we might -- I don't know what time we're going to -- we'll decide next week how long to take it. And if we still have a quorum after 4:00 to finish up, we may continue that. Item #5 APPROVAL OF MINUTES Okay, approval of minutes. There's none available at this time. BCC reports? Item #6 BCC REPORT — RECAP FEBRUARY 13, 2007 REGULAR MEETING MR. BELLOWS: Yes, last Tuesday the Board of County Commissioners heard the rezone for the Copeland community. That was approved on the summary agenda. And that was the second hearing for that item, so that was a formal action approving that rezone. The board also heard the PUD amendment and DRI amendment for the Pioneer Lakes, and that was approved -- both of those petitions were approved 4 -1. CHAIRMAN STRAIN: Okay, thank you. Item #7 CHAIRMAN'S REPORT Chairman's report. I am going to be good today and not say what I'm thinking. Item #8A PETITION: DOA - 2005 -AR -7136 So we will move on to the advertised public hearings. First petition today is one that was continued from our last meeting. It's the Grey Oaks -- Naples Grande Holdings LLC for the Grey Oaks Development of Regional Impact. Page 3 161 13 � March 15, 2007 There are two petitions involving this project. The first one is DOA - 2005 -AR -7136. And the second one is Petition PUDA- 2006 -AR- 10157. Since it's a DRI, we have a separate agenda item for the DRI portion of it and a separate agenda item for the PUD. We will discuss both of them simultaneously, but we'll vote on them separately as we get to the end of our discussion. And with that, we will allow the petitioner -- oh, disclosures. I'm sorry. COMMISSIONER SCHIFFER: Since the last meeting I've had discussions with Bruce over the unit count. CHAIRMAN STRAIN: Okay, any others? (No response.) CHAIRMAN STRAIN: I've had an e -mail and I think some discussion with Mr. Tyson over different aspects of the PUD document, which we will discuss today. And if there's none others, then we'll ask the court reporter -- all those wishing to testify on behalf of the petition, please rise and be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Mr. Tyson. MR. TYSON: Thank you very much. Good morning, Commissioners, one more time here. I'm a certified planner and landscape architect with Wilson - Miller. And with me this morning, I have Margaret Perry and Steve Sammons, both of Wilson - Miller; Margaret a planner and Steve a landscape architect. And Steve Leung, a transportation planner with David Plummer & Associates, mainly to answer some questions I know Mr. Strain has. And I believe it was clear when I was here last week, as I'm representing Naples Grande Holdings, owners of about 55 acres in the southeast quadrant of the PUD. That area is shown in blue. Ray, you might just want to try to focus in on that just a little bit more. What may not have been clear is that Wilson - Miller and I only represent Naples Grande Holdings and therefore can only make changes to the PUD that relates to the land owned by Naples Grande Holdings or those who consent to changes. We're not authorized to make changes to portions of the PUD north of Golden Gate Parkway. And I have created this little map that shows you. This is about a 55.5 -acre holding that is part of Naples Grande Holdings. Our hearing was continued on March 1 st because we discovered some inconsistency in that 2000 approved version of the PUD and the version that was presented to you in your packet. We've corrected this problem, and I believe everyone has received that updated strike - through/underlined version to make it easier to determine what the changes were. And because we are under this covenant not to make changes to the PUD as it relates to the property, other than what we represent, I've made a few additional changes and handed those out to you this morning. It's a full document. And those changes are made in red. And when ready, I'll be happy to discuss those changes with you. CHAIRMAN STRAIN: Okay. I know I've gone through the document and there are still a lot of questions to be asked. But you talked about not making any changes outside the area of the 55 acres. Do you own all of the 55 acres in that yellow rectangle in the bottom? MR. TYSON: Well, the 55 acres is what's outlined in blue. The total area of what's in the yellow is approximately about 260 acres. We do have consent from the owner of Orchid Run, which is the piece that's about a 22 -acre piece; the easternmost parcel as we've referred to it, to make some modifications on their behalf. They are happy otherwise with the deviations and with the other setback restrictions that we have incorporated into the document. N,:. . UCA 15, L8 ( But in terms of changes basically north of the Parkway, as it relates to any dimensional requirements, any intensities, I cannot make any changes there. CHAIRMAN STRAIN: I believe, in reading the staff report, this is considered a substantial deviation? MR. TYSON: No, it's an NOPC. CHAIRMAN STRAIN: Okay. Well, I'll get into that then. Okay, I have some questions on the PUD, but I'll defer to my commissioners first. Mr. Schiffer? COMMISSIONER SCHIFFER: Bruce, it's back to unit count again. Why do you need the additional 175 units? MR. TYSON: The unit count is required because this property, when it was transferred from Barron Collier to Panthers Grey Oaks, I believe it was in 1999, at that time they were conveyed 75 residential units and 250 hotel rooms. That's what they were authorized to use within the PUD. While there are some additional units within the PUD, they are to the PUD originator and holder and so we have no rights to those. And therefore, we need to get the additional 175 units in order to accomplish the program, along with the zoning change. COMMISSIONER SCHIFFER: But, I mean, the sheets you gave me, it shows that -- I mean, there's 1,600 units throughout the whole thing. MR. TYSON: Correct. COMMISSIONER SCHIFFER: You're changing the unit count for the whole thing, correct? Remember, you were saying you're only doing things that affect your quadrant, yet that table one change affects the whole PUD. MR. TYSON: Well, it changes it to the point of where the 1,600 units remain intact. And the 175 units that we are gaining then wind up being committed to this parcel. COMMISSIONER SCHIFFER: And this parcel will be building 250 units? MR. TYSON: It's going to build -- right now the plan is for 235. COMMISSIONER SCHIFFER: What else has to be built in the whole PUD? MR. TYSON: As what's left? COMMISSIONER SCHIFFER: Right. Because from the numbers you gave me, and you fixed it in the conversation so I'm not subtracting that other number that I was, there's like 255 units left to be built, using 75 for Naples Grande. I know you want more than that. MR. TYSON: Correct. And that's where we're looking for the 175. COMMISSIONER SCHIFFER: And are there other vacant lots in the project? Or where are the other units going to go then? MR. TYSON: Well, there are 300, if you noticed, of that number that are committed to the easternmost parcel. That went as well in the transfer. And then the balance of units are for projects that are north of Golden Gate Parkway, the northwest and northeast quadrants. COMMISSIONER SCHIFFER: So that will leave -- the 255 units will still be available north of the Parkway? MR. TYSON: That is correct. CHAIRMAN STRAIN: Are there 255 vacant lots north of the Parkway? MR. TYSON: I really don't know that answer. I couldn't tell you. But those are units that we can't, by covenant, touch or affect. COMMISSIONER SCHIFFER: What maybe would be nice is if you built housing in the commercial area and used them there. But that's not something you can do. In other words, there's 255 units that essentially if you built out this quadrant and they built out the UM i61, lB March 15, 2007 commercial, there'd be no need for it, other than maybe in the future. And the question is that you really didn't need the 175 to keep it under the 1,600. MR. TYSON: But that's -- those are agreements between owners. And that's the way in which the owners chose to deal with this. And so those units continue with the parcels to the north, the northeast and northwest quadrants. COMMISSIONER SCHIFFER: So in other words, the way you've worded this and swapping the hotel units is such that you don't diminish any units that would have been available to the northern part. MR. TYSON: That is correct. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Page 40. That would be F under utilities. There's a new statement in here. Just to have it clear for my mind, the second sentence in there, developer shall be responsible for providing on -site piping and pumping facilities from the county's point of delivery to the project and negotiate with the county to provide fall or partial on -site storage facilities. Storage facilities in that case would be what, a lake or underground or piping or what? MR. TYSON: No, I believe they're talking strictly about the public utilities as they would relate to water or sewer. COMMISSIONER MURRAY: This is not water that would be used for lawns and so forth? MR. TYSON: No. COMMISSIONER MURRAY: Not reclaimed water. MR. TYSON: No. COMMISSIONER MURRAY: Okay, I wanted to be clear on that. MR. TYSON: Well, it could be, excuse me, because that is part of the public utility system. I'm sure it could be interpreted that way. COMMISSIONER MURRAY: Okay, but it's not intended -- it's not declared to be that that would be -- MR. TYSON: That is correct. COMMISSIONER MURRAY: -- deliverable to you or to that group at large? MR. TYSON: That is correct. COMMISSIONER MURRAY: So you would be in a queue if there were -- if that water were being sold, that would be in a queue. MR. TYSON: That would be correct. COMMISSIONER MURRAY: I just wanted to see that there was no particular preference involved. This may be a small request, but in the sales centers, I find it interesting, and maybe this is common, sales centers, that's under Page 12 under 2.14. Sales centers may be constructed prior to the recording of the plat. And then it goes on to say, sales centers may be serviced by a temporary utility system, a dry well or septic. Is that fairly common? You're going to keep this land open, put in a septic system and then you'll plat it later and then put in your sewage; is that what the whole idea is? MR. TYSON: That is correct. COMMISSIONER MURRAY: Fairly common practice? That's all I needed to know, thank you. CHAIRMAN STRAIN: Okay, anybody else? Go ahead, Mr. Adelstein. COMMISSIONER ADELSTEIN: In the same situation, on Page 12 -B, it says here they cannot be permanently occupied. Can they be occupied at all at this stage? f,_- 1 16 18 March 15, 2007 MR. TYSON: Typically the way that works, if I'm not mistaken, is that in order to be occupied, they have to then be fully compliant with the county's ordinances. Then be hooked up. COMMISSIONER MURRAY: To a sewer. MR. TYSON: You would have to be into a sewer system, or be part of an approved septic system. COMMISSIONER ADELSTEIN: Okay, thank you. CHAIRMAN STRAIN: Tor? COMMISSIONER KOLFLAT: Yes, on that same page, what is a dry model? MR. TYSON: It typically refers to a model home that would be placed without having a connection for a water or a sewer system. That they could have -- if they have any kind of systems for that, they're temporary in nature. And the county has very stringent restrictions on that, quite frankly, in the way in which that's done. COMMISSIONER KOLFLAT: May I go on? CHAIRMAN STRAIN: Absolutely, sir, go right ahead. COMMISSIONER KOLFLAT: On the PUD, not the strike - through version but the other version, do you have a copy of that? On the front page there, it says Ordinance No. 07, and then it goes on to state Ordinance No. 04 -41 as development code. That's the one that's amended. CHAIRMAN STRAIN: Mr. Kolflat, could you bring your mic a little closer to you, sir. COMMISSIONER KOLFLAT: Right. On the top page there, see where it says amending Ordinance No. 04 -41? MR. TYSON: Are you referring to the -- COMMISSIONER KOLFLAT: I'm referring to the -- MR. TYSON: -- PUD that's currently in effect? CHAIRMAN STRAIN: Ms. Student, did you have something you wanted to add? MS. STUDENT - STIRLING: Somebody asked Mr. Kolflat if he was referring to the ordinance that the PUD is an exhibit to. COMMISSIONER KOLFLAT: It's the one that was in the packet that I got. And it says up there that it's amending Ordinance No. 04 -41, which I can't find. CHAIRMAN STRAIN: That is on the resolution, or actually the ordinance number, the draft ordinance that -- the legal document. MS. STUDENT - STIRLING: Yes, that's typically there. That's the Land Development Code. Because each PUD is an amendment to the Land Development Code. So that's why we -- that's standard language that we used to put 91 -102, when 91 -102 was the land code. But each PUD is an amendment to the land code. COMMISSIONER KOLFLAT: But this page is attached to the first page of the planned unit development document which references 90 -48 ordinance. MS. STUDENT - STIRLING: That may be. Because in mine -- CHAIRMAN STRAIN: Margie, I -- COMMISSIONER SCHIFFER: Mark, I think the problem is the way it was presented last time; the ordinance was stapled to the cover of the PUD, which made it hard to find the PUD. But Tor's problem I think is that he thinks it's part of the PUD. And it's not. It's just the way the staff stapled them. MS. STUDENT - STIRLING: Yeah, I think that's what it is. COMMISSIONER KOLFLAT: They should be separate then. They shouldn't be attached as one. MS. STUDENT - STIRLING: No, it should be on the cover and the PUD document attached as Exhibit A to that. COMMISSIONER KOLFLAT: Okay, thank you. I had a few other questions on the strike - through version of the PUD. On page number seven, the Page 7 March 15, 2007 Golden Gate Parkway, as described in OR Book 465 up there underlined, can you show me where that is on the plat? MR. TYSON: All right. Without having a very -- a detailed piece of this, what had happened was that there -- on the Golden Gate Parkway, and I don't have the exact acreage, but there were quantities of land that had been dedicated through the -- or been requested to be dedicated through the PUD and DRI processes that have given lands that are north of the existing yellow line that is here, and south of that existing yellow line, to the county. They total -- and by the way, they're on both sides. There's approximately 13.3 acres between what is on the section in Grey Oaks and what is in -- what's considered The Estuary. And then approximately, if I'm not mistaken, about two acres that were donated on the south. I mean, people were compensated for this, but it was a requested situation. So I guess in total, about 15 acres were part of that transfer. I don't know exactly how many were requested in that. There were two separate ones I know at a minimum. COMMISSIONER KOLFLAT: Thank you. On page number 11, there's another deletion there. I'm curious where that land is. It's up there in the top paragraph. MR. TYSON: On Page 11 with the lake siding? I'm sorry; maybe we've got different pages. COMMISSIONER KOLFLAT: Yeah, on the lake siding. You've got there that the requirements described in those units there were reduced -- may be reduced. CHAIRMAN STRAIN: One is the references to the old code and I think the other is references to the new. COMMISSIONER KOLFLAT: Oh, they're just putting them together? CHAIRMAN STRAIN: Just clarifying that we've changed codes. And you'll find through the document, there's been a lot of text clarification for our different codes. COMMISSIONER KOLFLAT: All right. Then Page 14, Bruce, if you could, please. Second paragraph under B. Could you show me the location of the wall along Golden Gate Parkway and Livingston Road that you're talking about there? MR. TYSON: Sure. That is from about -- a location, it will be -- that will be right about where my pen is over to this location. And then this is total -- that's what we're referring to in the document. How that gets constructed as far as this portion, meaning over on this easternmost parcel, is totally up to them. But we're allowing that to occur by this change. But at least I can tell you that that wall from a standpoint of location as far as we're concerned will be right in this location, which would be opposite of the one that exists over in Grey Oaks. COMMISSIONER KOLFLAT: Thank you. On that same page you say, within that quadrant the cul -de -sac will be 2,300 feet in length, providing that roadway and cul -de -sac lengths do not conflict with the county fire protection ordinance. My question is, does it conflict? MR. TYSON: It does not. COMMISSIONER KOLFLAT: It does not conflict. Thank you. MR. TYSON: By the way, that refers to the radius of the cul -de -sac. COMMISSIONER KOLFLAT: Right. Then the next one is Page 18. Under 3.04, item one, can you tell me the difference between a townhouse and a town home? MR. TYSON: I think they're one in the same. I think that was just a -- to be consistent, we left it at a point of where we called it a town home. 161 1 R8 March 15, 2007 COMMISSIONER KOLFLAT: There's no distinction then between the structure and the construction of it? MR. TYSON: No. COMMISSIONER KOLFLAT: On Page 21, under the multi - family townhouse, under height, it indicates it can be six stories, apparently, plus two stories of parking; is that correct? MR. TYSON: That's exactly how I read it, yes. COMMISSIONER KOLFLAT: Brad had some comments on that at our last meeting and concerns about that. Did that allay that, Brad, or did you have anything you wanted to mention on that? COMMISSIONER SCHIFFER: I mean, it says what it says. It could be an eight -story building. MR. TYSON: That is true. COMMISSIONER SCHIFFER: But that's really part of the old PUD. You're not changing that, so CHAIRMAN STRAIN: I don't think he could change that without the consent of the balance of the owners of the PUD, so that wouldn't have been a problem to do. COMMISSIONER KOLFLAT: So that would be -- enable to be anyplace else in the PUD, correct? CHAIRMAN STRAIN: As it always has been, yeah. COMMISSIONER KOLFLAT: Okay, thank you. That's all the questions I have, Mark. CHAIRMAN STRAIN: Any others? (No response.) CHAIRMAN STRAIN: Bruce, let's go to Page 14. The -- you refer to a 10 -foot high wall, and the last sentence suggests that it's to match existing. Are the existing walls 10 feet high? MR. TYSON: The existing walls are eight feet. But the way in which the code roads is that they -- you have to get the top of the wall height based on the elevations of the lot. In many cases, they've been raised up so that they're on a water management berm, as ours will be. So that the elevation of the top of the wall will be approximately somewhere between right about 10 feet above the average grade of the site. CHAIRMAN STRAIN: Will they appear any different than the existing? MR. TYSON: No. That's exactly what the intent is. CHAIRMAN STRAIN: Turn to Page 32, item number 12. MR. TYSON: Yes. CHAIRMAN STRAIN: I'm just wondering if that conflicts with the reference in any way to the wall requirement on Page 14 that we just discussed. MR. TYSON: Well, the difference between that one, as you'll notice, is that it is in the commercial section. And it refers to walls that exist between the commercial and residential districts within the PUD. It is not for walls that are out adjacent to the rights -of -way. CHAIRMAN STRAIN: Okay. If the PUD allowed the walls to be measured -- eight -foot walls to be in essence 10 feet, based on the language that was previously determined, why do you think it needs to be changed? MR. TYSON: I'm just trying to clarify. Because I don't think in the past --I can't tell you whether that distinction about the wall height being as measured from the average site of the -- or the average grade of the lot was ever in the code when this was con -- when this was placed here. So consequently I'm trying to get it to the point of where it's very clear for the reviewers when they look at our plans that they will recognize what the elevation of the top of the wall is as it relates then to the grade of the lot. CHAIRMAN STRAIN: Okay. On Page 15, up on top under the commercial, you have 1.2 million square feet. On the bottom under commercial you have 100,000 square feet. And below the 100,000, you Page 9 Marcy, 278 have office and retail broken down. I'm assuming that the 1,640 is a breakdown of the 100 and not addition to the 100; is that correct? MR. TYSON: I believe that is exactly the case for both of them. CHAIRMAN STRAIN: Because this is leading into another question on Page 16 and 17. MR. TYSON: Okay. CHAIRMAN STRAIN: Now, I know this is existing language, but I'm trying to understand how it fits in. If you notice on Page 16 under cumulative project year seven through 13, you have commercial gross leasable space and office at a half a million. MR. TYSON: Yes. CHAIRMAN STRAIN: If you turn to Page 17, you look at commercial, you have square feet and office at 1.3 million. 1.3 reflects the addition on Page 15 of the 1.2 and the 100,000. Now, if you take the 1.3, is that a cumulative total including the 500 from before, or is that -- that does include the 500 from before so we're not talking 1.8? Yeah, it does. I just noticed it said cumulative up on top, so we're fine. I answered my own question. Page 22, your additional language is talking about how you cluster buildings around parking garages. If you have adjacent multi - family buildings, you can reduce the distances and the last part of it says of the two multi - family buildings. What if you have more than two clustered together? What ones do you measure from for your setbacks? MR. TYSON: They would all wind up being identical. I mean, no matter how many you had. CHAIRMAN STRAIN: Your heights aren't going to vary within the cluster then? MR. TYSON: No. No. If you can appreciate what we were faced with is a driveway that would serve two buildings, basically, that would enter into, and then you would have them come off of the roadway. In other words, you're going to have one curb cut for two buildings. It would come in and it would -- then they would then feed into the buildings. What happens is as your buildings get higher they have to be spread, according to the code. And then what we have is a whole, you know, series of pavement out there that just wouldn't be attractive. So what we did is created a situation where we could get them to a reasonable distance, and it would make a far better project. CHAIRMAN STRAIN: Just out of curiosity, do you have enclosed garages? MR. TYSON: Oh, yes. CHAIRMAN STRAIN: So you'd be coming in the common driveway going left and right -- MR. TYSON: Exactly. CHAIRMAN STRAIN: -- to your closed garage, and the backing radius is all you need to come out on them. MR. TYSON: We have at least 30 feet between the structures. CHAIRMAN STRAIN: Page 29. This is under the commercial section. I mentioned this to you in my e -mail that you previously have proffered that you're taking out the hotel/motel -- the hotel uses and transient. But it looks like under H on Page 29 the hotel uses are still in. And I'm wondering if that is intentional. You didn't think it was when you e- mailed me back, but I kind of knew it would be, so -- MR. TYSON: It just leaves the flexibility for the -- and again, this is now for -- this is -- this is the commercial area. I don't think there's -- I can't tell you what the intent is on the north side for ever making a Page 10 161 1 _8t March 15, 2007 change. But the point is that I think at this stage of the game hotels are out. CHAIRMAN STRAIN: Well, I'm concerned, because the whole premise of your whole project today in front of us is that you're taking out the hotels, reducing density, saving traffic, and it looks like you can put it all back in. MR. TYSON: Well, I think for clarity, since it's very specific as to where those are to be used within the project, which is on the southeast quadrant, I have no problem taking them out. CHAIRMAN STRAIN: I know, but you don't control that property. MR. TYSON: Southeast quadrant. CHAIRMAN STRAIN: This commercial piece they're talking about isn't for just the southeast. This is under the commercial -- MR. TYSON: Well, if you read the top, what's going on here, you have office commercial and you have retail and then you have commercial hotel. As it relates to the commercial hotel, which is what is on the southeast quadrant, we can remove it. There appears to be, when I look at this, if you're looking at a distinction between office and retail, it does not include hotel. So I don't think there's any problem in removing it. CHAIRMAN STRAIN: Okay. But under the permitted principal uses and structures on 602.1, it says for the C and O/C sections of the project. So if you take hotel out of that item that I'm pointing out on Page 29, wouldn't you be taking out the right of the area for C and O/C to use hotel then? MR. TYSON: Well, if you'd -- I'm looking under the land use summary. Which page are we on again? I'm sorry. CHAIRMAN STRAIN: I'm on Page 29. MR. TYSON: Okay. But if you go back to 15. You take the northeast and southeast quadrants. We've listed that hotel as a separate use is now being eliminated. So there was never the opportunity to have any hotels in the northeast quadrant, because they were strictly in the southeast quadrant. Those 250 hotel rooms -- CHAIRMAN STRAIN: Before you go further. Ms. Student, under the commercial criteria, according to 602. 1, principal uses and structures for C and O/C and town center tracts have a listing that start from A and go through V. In my previous readings of PUDs in front of us is anything in that listing is a permitted use by right in those particular designations. Would hotel be a permitted use by right in those designations? MS. STUDENT - STIRLING: Yeah, in my mind it creates a conflict and I'm not sure I understand the total explanation yet, so -- CHAIRMAN STRAIN: This is what I e- mailed you about. It is in here. And we -- I think it needs to be resolved. Because if you're telling us the purpose of this whole thing is to take out the hotel uses but they're still allowed in other parts of the project, we really haven't done that. And now if you want to add a little more confusion to it, look on Page 32, No. 8. The density conversion for hotel and transient lodging has been struck, which seems to indicate even stronger that all the transient, lodging and hotel uses ought to be struck. You don't have control over striking those, because they're on properties you don't control. I'm wondering how we're going to accomplish that. MR. TYSON: Well, I believe I do in this case. As I was going back to the chart that I was saying I -- let me find that again, which is on Page 15. The hotel use that's shown there, if you notice, there's 250 hotel rooms on 20 acres. There's only one location where those could go on the PUD map, the existing one. It's in the southeast quadrant. CHAIRMAN STRAIN: Ms. Student, you're going to have to rule on this, because I want to make sure we don't make mistakes. MS. STUDENT - STIRLING: I guess I'm concerned about -- because on the face of it, it appears to Page 11 G 1 March 15, 2007 be a conflict. I understand what he's saying, that on the quadrants that remain that are vacant, you know, you couldn't build this because of the language. But I guess my concern might be some day down the road if this is ever all redeveloped, then do we have a conflict where, you know, there'd be some land that would -- let's just say we had the -- you know, the big one, a hurricane come through and everything's destroyed. I mean, I don't know, I'm assuming there's other properties that are in the hands of homeowners associations and such where they would probably rebuild. But I think it does create -- what's the word I want -- I guess almost a philosophical discussion about if they wanted to come in and redevelop or the thing was destroyed and it was brought up by a new developer and they wanted to redo it, then you don't have development on the ground anymore. So there could be created a conflict in the document in that eventuality, as I understand it. So that would -- to me the simplest thing to do would be to gain permission from the owners of that piece, if that's possible, to just take it out. Because we sort of have a hamstrung situation here where that applicant is not -- or that entity is not before us today. So we would be tinkering with a part of the document that he doesn't represent, yet he's taking hotels out as they apply to his pieces but it's still in here in the broader concept. Have I stated that correctly? MR. TYSON: Well, I believe you have, but at the same time I also believe that you'll notice, if you go to -- if you have a copy of the development order, we have removed 250 hotel rooms, and there's no opportunity for any additional hotel rooms anywhere on the project, because at that stage there's only, what is only left is commercial and -- meaning you have retail and you have office square footage. It is the only thing left in the development. The hotel rooms have been eliminated. And as I indicated before, the only place, if you go back in and look at what's referred to at the top of the commercial section, you'll notice that it says specifically C /H. The only designated area for C/H, which is the commercial/hotel, is in the southeast quadrant. CHAIRMAN STRAIN: Yeah, but Bruce, the other areas that could have hotels, and we've been focusing on the northeast and southeast quadrants. The northwest quadrant, which I know is in the City of Naples, I'm just wondering, does this application apply for that quadrant of the Grey Oaks PUD as well? Not this application, but does the language of this PUD apply to the northwest quadrant? Because there is some O/C in the northeast quadrant that is currently undeveloped. MR. TYSON: There's O /C, but there's no C /H. CHAIRMAN STRAIN: I know that. But the permitted uses under O/C could allow a hotel then on that parcel. MR. TYSON: Well, I have no problem with removing the ho -- because I believe in that case it is construed through the way in which this is all worded to remove those uses. CHAIRMAN STRAIN: And Bruce, I know you don't have a problem with it. I'm glad you don't. I don't -- maybe nobody else will. I just want to make sure legally that we can resolve the issue. That's all I'm trying to get to. I don't have an objection to it, I'm just trying to get there. Mr. Schiffer? COMMISSIONER SCHIFFER: Bruce, prior to you coming today, could they in the commercial area convert some of their residential density to hotel and build a hotel in that commercial area, along with commercial? MR. TYSON: No, I don't think so. I mean, there's a statement back in here, but we've struck through any kind of opportunity to get units for hotels. It's the other way around. COMMISSIONER SCHIFFER: But do you have the authority to do that? Because it might be good design to have a hotel mixed in with a mixed use. Page 12 161 10 March 15, 2007 MR. TYSON: But I think at that stage of the game, someone would have to come back with a completely new plan and a new opportunity and revise the map and revise whatever needs to be done as an amendment. COMMISSIONER SCHIFFER: But the question, prior to you striking it through, and you struck it through, could somebody convert rooms to hotel and build a hotel in that commercial area? Which one is in Naples and one is in Collier. MR. TYSON: I think it's more of a question for staff as how they would interpret it when you look at the map. CHAIRMAN STRAIN: Before we go there, though, Margie, we've got some again strike - throughs that are in sections of this that may apply to sections of this PUD that are not controlled by the applicant for the piece they're talking about today. Have you reviewed the strike - through version we're reviewing, and have you found that all the strike - throughs can be done without the consent of any other owner of the Grey Oaks PUD? MS. STUDENT - STIRLING: I asked Mr. Tyson this question yesterday or a couple days ago about the removal of the hotels and did that affect anybody else's parcel. And I thought I -- you know, I'm grappling with what I remember. But I thought that it was -- would not be a non -issue (sic), but I did raise the question. CHAIRMAN STRAIN: Okay, but that doesn't -- Margie, we need to figure out how to proceed here today. Are we proceeding with something that can stick, or can the property owners outside the 55 acres or whatever in the southeast quadrant raise a legal concern later on if they wanted to build a hotel on another part of this project? MS. STUDENT - STIRLING: Well, it's being taken out of the PUD and the development order, except where you see it. And I was assured, and Bruce, correct me if I'm wrong, but you remember we had that conversation, and I think you told me that it was okay or the other property owners didn't have an issue, or -- I remember the sum and substance was that it wasn't a problem. Because I did approach it. MR. TYSON: Well, as you can appreciate in going through one of these, and the reason for all of these -- some additional modifications that we have is because of this final coordination. I have a verbal statement that was given to me by the owners of the PUD saying let's go with it. I mean, there's a lot of changes in here that affect the entire PUD, whether they're typos, whether they're -- no matter what they are, that they will affect the entire PUD. So, you know, those things do occur, there's no question about it. CHAIRMAN STRAIN: Ms. Student, if we were to come to a recommendation on this project today, could the recommendation have a stipulation that the consent of the ownership of the balance of the unoccupied or unutilized development areas of this project be obtained prior to the Board of County Commissioners hearing? MS. STUDENT - STIRLING: Yes, I think so. As long as that consent related to portions of the document that may affect their interest. And as far as typos and changing language from the zoning director to the board of zoning appeals and removing references to old provisions of the land code and just saying the land code, I don't think that's really a problem. We're just trying to cleanup that document to make it be consistent with what we do. But as I said, I did raise the issue about the hotels, so -- and if there's anything else that need be, I think that's entirely appropriate. CHAIRMAN STRAIN: Okay. Well, then I'll go through and continue, and then you guys can figure out how to get that language, if this goes forward. Page 13 i) March 15, 20173 Mr. Bellows, you had something? MR. BELLOWS: For the record, Ray Bellows, zoning manager. I just had a discussion with Kay Deselem, a Principal Planner, and as you can see on the originally approved Grey Oaks master plan, the only occurrence of the C/H which would allow for the hotel use is on the south side, on the southeast part that's subject to this amendment. It doesn't occur anywhere else. So eliminating the language for hotel and zeroing down the units to zero would not impact development potential elsewhere outside the scope of this application. It's not shown anywhere else on the original approved master plan, where it could be allowed. CHAIRMAN STRAIN: Well, Ray, since you wanted to weigh into this, if you turn to Page 28, 602. 1, it says, permitted principal uses and structures for C, commercial, O/C and C/H in town center tracts. Now, it lists a whole pile of three pages of permitted uses, including hotels, motels and transient lodgings. I'm just trying to find out, if it says that, how would you not believe that you couldn't have hotel, motel and transient lodgings in C, O/C in town centers when it seems to be clear that it's a permitted use? And maybe I'm -- if I'm reading it wrong, please clarify that. Am I reading it wrong? MS. DESELEM: If I may, for the record, Kay Deselem, Principal Planner. My understanding of how this is supposed to work is you notice at the top of Page 28, in 601, they've struck through C/H, commercial hotel. And in conjunction with that, it probably should have had a strike - through through hotels and motels in H on Page 29. That would have been the consistent way to do it. I would suggest to you that it was an oversight not to have struck it through. And you found what should have been done. CHAIRMAN STRAIN: Which is where I was originally going. My concern, though, goes back now to the ability of this applicant to take out a principal use from somebody else's zoned property where it's zoned commercial and zoned O /C. I understand what you're saying. Those sites that were C/H most likely could only have commercial hotel. But that does not negate the ability for C and O/C to have a hotel with their other uses as allowed by the permitted uses by right shown on this PUD document. MS. DESELEM: The document -- the map that Ray put on the overhead is actually map H from the DRI, and that shows that C/H tract. And we also have map H -1, which will replace that. And if you go up to the key, the legend at the very top, it shows you in definition that C/H is the only one in the DRI that allowed that hotel use. So in combination with the approval of the DRI, I think it's appropriate, and it won't affect anybody else's rights. But I'm not an attorney, but I think it's appropriate to remove the use. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But Kay, once this change is made, then that notation of C/H goes away. So the C, the regular commercial portion, could potentially say that because it's a permitted right under here, we can put it on just the commercial property now. Because it's listed here as a -- MS. DESELEM: I understand how they might say that, but I think it would be contrary to the DRI development order approval. COMMISSIONER CARON: But we're just about to change that and wipe that part of it off the map. C/H is going to go away. MS. DESELEM: Right. That's what I'm -- I guess I'm not being clear. The C/H is going away because this petitioner was the only one that had authority under the DRI development order to build a hotel unit. Therefore, he's removing it from -- COMMISSIONER CARON: If you leave it under H, after you've taken it away, but if you leave it Page 14 16! 1B; March 15, 2007 under H, then any one of these commercial areas could potentially build a hotel, because it's a permitted right. That's not going away here. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: But Donna, isn't that a good thing? I think it's a good thing. So I think if we leave it without striking through the word hotel, somebody in the future could come in and do exactly that. COMMISSIONER CARON: But it's -- MR. TYSON: If I can -- CHAIRMAN STRAIN: One at a time, now. We've got someone trying to take our words down. Ms. Student? MS. STUDENT- STIRLING: The developer also has to follow the DRI, and it sets up a conflict. And the DRI of course is because there's a regional impact, it has to go through the DCA and the Regional Planning Council as well as the local government. And then the PUD addresses our local concerns. And I still think the safest course of action is to take it out of the commercial and just to be conservative and safe get an okay from whomever you need to get it. And that way you've think dotted all the I's and crossed the T's. MR. TYSON: Just for the record, we were in touch with the land holder of the northeast and northwest quadrants. They have given me the approval and the authority to go ahead and strike through the words hotel from my -- let's make sure we're right here. Under paragraph H on Page 29, take out the words hotels, motels and transient lodging facilities. CHAIRMAN STRAIN: And that Mr. Vamadoe sitting there, wishing -- MR. TYSON: Mr. Vamadoe and Mr. Sansbury (phonetic), yes, thank you. CHAIRMAN STRAIN: Well, cell phones are wonderful, aren't they? MR. TYSON: Yes, they sure are. CHAIRMAN STRAIN: Page 34, it's talking about the .89 acres. MR. TYSON: Yes. CHAIRMAN STRAIN: I know there's an issue involving another property owner or maybe a contract holder, whatever, of that piece of property. And I know you -- in the red changes you've recently given us, you've taken out the word minimum. Because it previously said minimum .89 acres. By taking that word out, what was your intention? Because I had circled that as a question, as a concern. MR. TYSON: From -- and I'll let them speak to it specially, if you have any questions beyond this. The intent was to get to a point of definity, let's say, of just saying how much do we really have to give and commit. And so it was to the point of saying if we need to give .89 acres, we'll give .89 acres, and they'll make it very specific. CHAIRMAN STRAIN: That's the note that I had. I was -- you know, if you have a minimum, that means if you were deficient somewhere else in the project, that project would have to make up the deficiency and it could be above .89. So right now that .89 is all they're going to have to provide? MR. TYSON: That is correct. CHAIRMAN STRAIN: Page 36, transportation, 705.1 and 2. Just what you added, might take the A and the long and put them together in both sentences. Just it will make it a little easier to read. MR. TYSON: Oh, I see what you're saying. Sure. CHAIRMAN STRAIN: A long, versus along might be construed to be different. Page 37, you had some strike - throughs there. In the center part of B you have a strike - through, and I'll read it so you can find it. It says -- starts with the word aforementioned on the left -hand side. It says Page 15 -1 (,� 1 1 B March 15, 2007 aforementioned right -of -way. Then the sentence says, said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping and bike path use. You go down to number four. And the reason for the strike- through is apparently because number four says -- the additional language says, all right -of -way dedications involving Livingston, Airport and the north side of Golden Gate Parkway have occurred. Well, an easement isn't a -- I didn't know if an easement is considered a dedication. So what I'm concerned about is if you take out all the -- you strike through all that stuff and there are easement requirements, do we know if they've been met or not? Because 4 seems to indicate and affirms only dedications have been met. Does anybody -- has anybody looked at that? MR. TYSON: I think from the standpoint of transportation and their overview of this, I would suggest that they felt that they were comfortable with it. CHAIRMAN STRAIN: Well, they're not paying attention to the meeting right now, so I don't know how I can get their attention. Nick's studying something on the Internet. Ah, here he goes. We're going to have to repeat our questions so that he or Don can answer them then, because they will need to be addressed. And Nick, we're talking about Page 37 of the PUD document. If you have it, you might want to bring it up, or use Bruce's version. Nick, the question was that this language they've added kind of acknowledges that all the dedications have been taken care of. But in the strike - throughs there were more than what are maybe considered typical dedications; there were a lot of easement requirements. And the question now is if that's all struck through, have you got everything you need regarding all those items in there for drainage, water management, landscaping and bike path use? So if you haven't, we need to put that -- leave that language in. MR. CASALANGUIDA: For the record, Nick Casalanguida. I have not been swom in. (Speaker was duly swom.) MR. CASALANGUIDA: I can tell you we wouldn't have released the design to be under construction if we didn't have everything we need for that, but I can't verify that everything's been done to this section of strike - through. So I would like to get a copy of the plans and take a look at it. Maybe we could say that between now and, say, a board hearing we just recommend that we confirm that everything's been taken care of for that design. CHAIRMAN STRAIN: Okay. And if the applicant will agree, then between now and the time of the board hearing, if there's any easements or things or language -- if you feel more comfortable the language should stay in, then through no objection of the applicant it should stay in. MR. CASALANGUIDA: That's fine. CHAIRMAN STRAIN: Okay. On Page 38, on the very top, the very first strike- through, it's talking about the water management system will accept, then it says shall accept drainage from both the quality and quantitative standpoint. And it's looking for the drainage assistance in the Golden Gate Parkway. And you struck through it. So has that been -- again, it's not a dedication, that's another use. Has that been -- MR. TYSON: Again, I would assume that transportation was satisfied with that. CHAIRMAN STRAIN: Maybe if Nick can look at that one prior to board hearing, that would be helpful. And the same with number seven, it's about the runoff of the lake system. On Page 41, you struck the word somewhat. And I'm kind of glad you did, because it didn't mean a lot, but I'm wondering what it means now. I thought it was odd you'd strike it, because it didn't make it any Page 16 161 1 Bi March 15, 2007 clearer whether it was in or not. And I just was -- I mean, it's odd it got in there in the first place, but -- MR. TYSON: I believe that was a strike - through that was requested by the county. Margie, I believe that you may have requested that, just to take out a little bit of some ambiguous language? MS. STUDENT- STIRLING: I don't know what the circumstances on the ground are about the existing vegetation so we'd know what objective standard to put in there. CHAIRMAN STRAIN: Well, I don't have a problem with you striking it. I was just curious as to why it was. It didn't make a lot of sense, because the sentence is no clearer with that in or out, so -- but it doesn't have any impact that I can see. Bruce, that's all the questions I have from the PUD document. I have just a couple of others, as I mentioned to you. One is in the neighborhood -- not the neighborhood meeting but the staff pre - conference meeting, there was a notation, it said, must notify all persons internal or external within the PUD. Have all the residents within the PUD been notified? MR. TYSON: As relating to what? This hearing? CHAIRMAN STRAIN: Yeah, this hearing, the change. MS. DESELEM: For the record, Kay Deselem again. That's the county responsibility, and yes, they have been notified. Many, many, many letters have been returned due to inaccurate addresses. But we use the property appraiser tax collector records, which is required. CHAIRMAN STRAIN: Okay, I just wanted to make sure. Also, Kay, while you're up there, in the back of this document was a letter -- on the back of the copy I have was a letter addressed from the Department of Environmental Protection concerning the Toll Brothers Rattlesnake Hammock project. I couldn't find any weight that has any bearing on this one, so I'm assuming it was in error. MS. DESELEM: I'll have to assume it was in error, because the two projects are not connected. CHAIRMAN STRAIN: Yeah, that's what I thought. MS. DESELEM: One of those the staple got hooked to that paper clip kind of things. CHAIRMAN STRAIN: No problem. I just wanted to make sure it didn't have some bearing that we were supposed to know about. And then Bruce, my other question is the transportation. The last transportation study that was done provided shopping centers in retail areas one and two. And in the new transportation study that was done, they've combined those two shopping centers into just retail one. And retail two does not seem to have any applicable traffic allocated to it. I'm wondering where those are and which ones aren't -- how this pans out. Because you -- we have two -- it's in the Exhibit 2 to the Grey Oaks DRI PUD. Your traffic engineer is right behind you. MR. TYSON: I got him right here, thank you. This is Steve Leung from David Plummer. MR. LEUNG: Good morning, Mr. Chairman. For the record I'm Steve Leung with David Plummer & Associates, traffic consultant for the petitioner. To answer your question, we provided with the parameters in where the retail would be situated within the three quadrants. Depending on the plan, we do the trip generation estimate in reference to the traffic study dated July 19th, 2006. And essentially if we know where the retail square footages are, we do the trip generation based on whether there's collectively one quadrant or separated in three separate quadrants. And that's why the trip generation changes, even though the overall square footage is the same. If you have development on three quadrants, for example, the trips will be -- cumulatively be slightly higher than if you had all your square footage in one quadrant. That explains the difference. Page 17 Go March 15, 2007 CHAIRMAN STRAIN: Well, and that's what I thought, and that's kind of what spurred my question. Can you show us on the plan -- there were two Exhibit 2's. There were two traffic studies done. There was one done which probably was done in -- well, I don't know what year, but it's based on the ITE trip generation, sixth edition. And that was is Exhibit 3. MR. LEUNG: Correct. CHAIRMAN STRAIN: Then there's Exhibit 2, ITE trip generation, seventh edition. MR. LEUNG: Correct. CHAIRMAN STRAIN: The sixth edition one breaks down three separate retail areas for a total retail of 649,000. We don't have to get into the office, but let's just focus on the retail. The new one -- or not the new one, the seventh edition one breaks down -- shows three retail areas, but only two are being used. And I'm just wondering why that was -- are you moving all the commercial now to one retail center basically? Because you've taken almost all of it, 609 out of 649 and put it all in one retail center. MR. LEUNG: That's my understanding of the plan. The Exhibit 3 represents the 1998 NOPC. And at that time we relied on the trip generation rates, based on the sixth edition of the ITE trip generation. And my understanding at that time, there were three separate retail components, while now the proposed use reflects only two separate retail components, most of it in the northeast -- I'm sorry, most -- correct, most of it in the northeast and some in the northwest. CHAIRMAN STRAIN: Okay. By doing that, it actually reduced the trips or increased the trips by MR. LEUNG: It will decrease the strips. And you also have to look at the difference between the sixth edition versus the seventh edition. CHAIRMAN STRAIN: So by showing the retail focused more on the northeast quadrant, the trip generation rates improved? MR. LEUNG: It increases at a decreasing rate. So yes, it did have a slightly less trips than the previous 1998 or 2000 NOPC. CHAIRMAN STRAIN: Part of the argument here today is that we're going to take away the hotel uses and go to residential uses and show a decrease in tips. MR. LEUNG: And it will continue to show a decrease in trips. CHAIRMAN STRAIN: Right, but the decrease also can be contributed to their reallocation of retail to only the northeast quadrant. MR. LEUNG: It can be, yes. I think that you may see a slight difference when you look at it, whether you have the retail all in one lump sum or distribute it elsewhere. Unfortunately, that's how we have to do in terms of NOPC. We have to look at the project as if it's a brand new project at the time of the application. CHAIRMAN STRAIN: It's just not as obvious as it seems sometimes. MR. LEUNG: We try to identify as much as we can, and as you correctly mentioned in Exhibit 2, 3 and 4, we tried to highlight where the trip generation source came from. And under the title, the Exhibit 2 shows seventh edition, while the other two reflects a sixth edition. CHAIRMAN STRAIN: Thank you very much, sir. Are there any other questions of the applicant before we go to staff. (No response.) CHAIRMAN STRAIN: Okay, thank you. MS. DESELEM: Good morning. Again, for the record, it's Kay Deselem, Principal Planner with Zoning and Land Development Review. UUM 161 1Bt March 15, 2007 And you have received the staff reports that are actually dated March 1 st for the original hearing. And with the detail that we've already gone into, I won't belabor the point other than to say staff is recommending approval of the PUD document, believing that it is consistent with the Growth Management Plan. And we have gone through several renditions. There is, I believe, one other change that the petitioner wanted to make to the PUD document regarding the vegetation and the wetland issue, and he has new text that he still has to decide if he likes, because we're still negotiating text. And as far as the DRI, the staff report does reflect that staff recommends that you forward a recommendation of approval to the board for this petition. The RPC has determined that it is not a substantial deviation, and staff concurs with that finding. And if you have any questions, I'd be happy to answer them. CHAIRMAN STRAIN: No, I don't have any. Anybody else have any? Mrs. Caron? COMMISSIONER CARON: Yeah, I'd like to hear more about what the vegetation issue is with environmental staff. MS. DESELEM: Okay. I'll let Bruce discuss it, because I think he's prepared to discuss it. MR. TYSON: One of the things that we may want to just talk about for a second, just so that we get a total wrap on the PUD, is that I handed out this morning just a few changes that you ve probably noticed, if you went through that document that bring it up to date, so to speak. And I'd like to make sure that those get on the record and you ve had a chance to look at those before we totally finish this. And what environmental issue -- or the environmental question that you have we'll build that right into it at the same time. Okay, if you want to go through with me, I'll do this very quickly. On Page 6 we made some changes, simply to get it to the point of where the ownership is current. And that's -- we removed a number of the -- we moved -- well, the only one about the Halstadt (phonetic) Partnership, because many of those parcels have been sold. And the -- some of these have been cleaned up, like I said. If you go to Page 11, we just got it to the point of where it simply says now applicable county ordinances instead of some of these other ordinances and what was in there. I think they're just cleanups. I wanted to make it very clear on the deviations on Page 13 that they did apply only to the southeast quadrant. And it would be clearer as that red point down there on Page 13 to note that the -- as a setback is measured from the property line to any point on the building. It was just a point of clarification. And if you flip to Page 14, you'll notice that the asterisk referred to both the deviations that -- or all the deviations apply to the southeast quadrant. Page 19 also has a simple cleanup of simply talking about the Land Development Code instead of zoning and signage. I wanted to make it clear on Page 22 that the sentence that was added dealing with those buildings and the driveway and the setback between them only applies to the southeast quadrant. So we have a sentence in there that indicates that that does apply to the southeast quadrant. On Page 24 again we took out the word zoning ordinance and put in Land Development Code. Did that as well on Page 25, and at 27 as well. We will, just for the record, make it clear, on Page 29 take out under H, hotels, motels and transient lodging facilities. On Page 33, just to clean it, we just removed those objectives. That was a request of environmental, since those are no longer in existence as part of the Growth Management Plan. And while we are here, I handed out to you as well a single sheet of paper that -- and this is right to Page 19 March 15, 2007 the point of Ms. Caron's question, dealing with the native vegetation. We wanted to get it to the point of where there was some flexibility. And I worked with the environmental team yesterday. And the -- they have worked with me here this morning, and we've just kind of modified what you have. And I'd like to read into the record a statement here. As these two sentences would be added at the end of paragraph one, right after see drawings E -1 and E -4 -- E -I through E -4 for native vegetation. Would read as follows: The required retained native vegetation shown on the preserve drawings Exhibits E -1 through E -4 can be modified administratively by the environmental review staff, providing that an equal area of existing native vegetation of equal or greater habitat value is set aside in a preserve. 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. COMMISSIONER CARON: Does that allow that preserve area to be off -site? MR. TYSON: It could. It could only if that's allowed in the LDC and the Growth Management Plan. COMMISSIONER CARON: Okay. MR. TYSON: You can't -- obviously you've got to follow the rules. That's what we're saying. But if there's some opportunities, then that could happen. We're providing some flexibility is what we're trying to do. COMMISSIONER CARON: I'll ask environmental staff to comment after. CHAIRMAN STRAIN: Margie, did you have something you wanted to contribute? MS. STUDENT - STIRLING: I just wanted to say that I'm probably going to have to tweak this a little bit, you know, to just put it in more ordinance type language, and perhaps to add, that meets the requirements of the LDC in effect at the time of, you know, the application for the amendment. CHAIRMAN STRAIN: Okay. Did you have a question of environmental? COMMISSIONER CARON: I just wanted environmental to comment on what they've been working on. MS. GIBSON: Okay, as far as going off -site, that's not allowed currently within the LDC or GMP. And I think there is an amendment going through currently through the GMP to allow some off -site mitigation. But it would not apply to this PUD right now as it's written. THE COURT REPORTER: Excuse me, may I have your name, please? MS. GIBSON: Oh, I'm sorry, Laura Roys- Gibson, Environmental Services. And as far as everything else, they're meeting their 25 percent requirement, so -- CHAIRMAN STRAIN: Okay, any other questions of staff? (No response.) CHAIRMAN STRAIN: Okay, I have -- Bruce, I've got -- MR. TYSON: Let me just -- if we just want to continue real quick. CHAIRMAN STRAIN: Oh, go right ahead, I'm sorry. MR. TYSON: On Page 36,1 will take care of the along. We'll get that taken care o£ And we'll ask the questions and we'll make sure of what happens in paragraph B and 5 and 7 of the transportation section and see if that's -- get that worked out. And I hope that's it. That is it. Just wanted to make sure that everybody was clear on those. CHAIRMAN STRAIN: I think the gist of this whole argument is that you've reduced the traffic impacts by going from hotel to residential. And I agree, you have. And I think you had without modifying the retail reconfiguration to get to even a lower trip generation number. I'm just curious as to why you went there. I mean, you already had the ability to show a reduction in trips by taking out the hotel use and converting it to residential. And you went to a -- I mean, it's a major change, because you're going from Page 20 161 1B, March 15, 2007 32,800 trips for your retail areas down to 25. So the bulk of your trip savings was not the conversion that you're here for today, but it was simply the movement of retail around. I don't disagree with it, and you have every right to do it, I was just curious as to why you used today to do that. Why would you -- was there -- what was the thought behind that? Or was it -- I'm just curious. MR. TYSON: Me, too. MR. LEUNG: For the record, Steve Leung. Maybe I can offer this: I think when we look at NOPC, especially with the current proposal, we have to compare that to the original approval back in 1988, '89 of the original Halstead DRI. Right now we're seeing a decrease of approximately 850 dwelling units, a decrease of about 144,000 square feet of retail. And with the issue of the legality of the hotel, whether it can be back in or not as a permitted use, in terms of traffic even if you add the hotel back in with the proposal we have now, we're still showing about a minimum of three to 17 percent decrease in overall traffic. So if that's -- CHAIRMAN STRAIN: Yeah, and I agree with you. I just didn't understand why you went there. But that's fine. I'm not -- it was just interesting. So thank you. I appreciate your explanation. MR. LEUNG: I can't answer you why the hotel is not there. We're told the parameters. CHAIRMAN STRAIN: Well, you used 820 for trip generation rate. Does the hotel have a higher trip generation rate standing alone than an 820? MR. LEUNG: The 820 is part of the retail, I believe. That's the shopping center trip rate. CHAIRMAN STRAIN: Right. MR. LEUNG: So I'm not understanding exactly what -- CHAIRMAN STRAIN: If you were to build a hotel, you wouldn't use the -- a standalone hotel, you would not apply the 820 to the hotel. MR. LEUNG: No, no. CHAIRMAN STRAIN: So what I'm asking is, is the trip multiplier for a hotel higher than a multiplier for a retail shopping center? MR. LEUNG: I guess in terms of square footage, definitely not. Because the hotel is generally based on number of rooms, while the 820 shopping center is based on 1,000 square feet. So it's comparable -- I guess if you're building a hotel, you would displace some other use, and a hotel is one of the lower trip generation type land use in this development. So I think it would be maybe a good thing to have the hotel in there, because you will displace other uses that will also have a comparable decrease in trips. CHAIRMAN STRAIN: Okay, thank you. MR. LEUNG: If that helps you. CHAIRMAN STRAIN: I'll have to think about it. Thank you. Okay, Mr. Tyson, did you have anything else you wanted to say? MR. TYSON: No, thank you. CHAIRMAN STRAIN: Any other questions from the Commission? (No response.) CHAIRMAN STRAIN: Okay, are there any public speakers, Ray? MR. BELLOWS: Yes, we have one public speaker. Doug Lewis. MR. LEWIS: For the record, my name is Doug Lewis. I'm an attorney with the law firm of Roetzel and Andress, and we represent Opus South Development, they're the parent of C (phonetic) Investments, LLC. They own the land, the undeveloped parcel in the southeast quadrant. We -- on behalf of the client, we're -- we do not oppose the text that was presented today. It's obviously a wait to see any revisions that come between now and the planning -- the Board of County Page 21 16 1 9� March 15, 2007 Commissioners. But for the record, we do not oppose the PUD amendment. We did have a question as it relates to new text that was added on Page 43, 7.13. It's entitled Development of Regional Impact. And it reads, the developer, its successors and interest and all future assigns or designees shall adhere to all commitments made in the development of regional impact application for development approvals, sufficiency responses and attachments for this amendment, and all previously adopted DRI Development Order actions for this project. And we're just trying to understand why this was added from staff. I know there was some discussion for the record. If we can understand why this was added and how this may impact our development, if anything. We are assuming that this would be applicable only to lands. There are some changes throughout the document related to developer versus applicant, and there's the use now of developer. And it's not totally clear in the document itself who will be responsible for which particular items under the PUD or the DRI, and we just wanted to make sure that these changes only impact lands applicable to lands owned by the applicant or developer and those obligations that were assumed. We want some certainty. When we bought the land there were certain undertakings if any related to the PUD from our seller (sic). We want to make sure that this doesn't in any way alter those assumptions under the DRI or the PUD. If we could get some clarification from staff. CHAIRMAN STRAIN: I think Margie may want to -- MS. STUDENT - STIRLING: I can answer that. And that language wasn't added at my request. I think that's something that staff now does to have a way of tracking a PUD to know there's a DRI associated with it. And it states in my mind what the law already says, and that is any of the requirements in this document or the DRI, you know, are applicable to the developer of that parcel to which they relate to. It's not, you know, any broader than that. CHAIRMAN STRAIN: Whether this language was there or not, Margie, would it still apply? MS. STUDENT - STIRLING: Yeah, you're still bound by the DRI Development Order. And the DRI development order has been amended. It hasn't been replaced with a new development order, it just has certain pieces that are amended. CHAIRMAN STRAIN: Thank you. Kay, did you have anything you wanted to add? MS. DESELEM: Yes, just for the record, to confirm what Margie said. This language was added in conjunction with discussions we've had with Dan Trescott of the Regional Planning Council and other staff members. We find that some staff, especially as we get new staff on board, is not always aware that a PUD is also a DRI, and this is a mechanism to link the two projects together so that anyone that sees this PUD will also know there's other commitments and quantifiers that may need to be addressed before they undertake anything as far as development within the site. And you will probably see this on most DRIB that are amending their PUD from now on. CHAIRMAN STRAIN: Thank you. Mr. Lewis, did you have anything else? MR. LEWIS: No. I appreciate the comments by the county attorney, thank you. CHAIRMAN STRAIN: Thank you. Ray, were there any other public speakers? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing and entertain a motion. Mr. Adelstein? Page 22 161 18 March 15, 2007 COMMISSIONER ADELSTEIN: Yes, I move that AR -7136 be forwarded to the County Commissioners with a recommendation of approval, subject to staff recommendations. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Okay, motion made by Commissioner Adelstein, seconded by Commissioner Vigliotti. And this is for the first petition, which is the DRI portion of the project, for recommendation of approval. Margie, we have brought up a series of issues that need to have some clarification before it gets to the BCC. I think they're mostly involving the PUD, so I would assume the stipulations would be best on the PUD side of this? MS. STUDENT - STIRLING: That's correct. And you'll need two motions, one for the DRI and one for the PUD. CHAIRMAN STRAIN: Right, the motion that was just made was for the DRI. Is there any comments to the motion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor of the motion, signify by saying aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9 -0. Is there a motion for the PUD? Item #8B PETITION: PUDA - 2006 -AR -10157 COMMISSIONER ADELSTEIN: I move that AR -10157 be forwarded to the Board of County Commissioners with a recommendation of approval, subject to staff recommendations. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti seconded it again. Discussion. There were three comments that I picked up during the discussion that I'll repeat to everybody, so we'll see if we like them. One is that the applicant today will get a written consent from the other development owner or owners concerning the vacant lands in regards to the issue of the striking of the hotel, motel and transient lodging. Two, that the language in the transportation section that's been struck through, especially that Page 23 16 ► 1 91 March 15, 2007 language involving non - dedications like easements and things like that, is reviewed and assured by transportation department that those strike - throughs are consistent with their understanding of their needs. And lastly, that the PUD that we were reviewing today includes the red line versions that we received, with the fact that Ms. Student is going to, as she says, legally tweak part of it. MS. STUDENT - STIRLING: Just to put it in ordinance language. CHAIRMAN STRAIN: Put it in ordinance language. Those are the three stipulations that I have from our discussions. Are there any others that anybody thinks are needed? COMMISSIONER ADELSTEIN: I will accept those. CHAIRMAN STRAIN: The motion maker accepts those. Does the second? COMMISSIONER VIGLIOTTL (Indicating.) CHAIRMAN STRAIN: The second accepts those. Okay. Any further discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries unanimously. Thank you. And before we get going on a whole other, hopefully short, but maybe lengthy discussion, it's 9:50, so why don't we take a 15- minute break and resume at 10:05. Thank you. (Recess.) CHAIRMAN STRAIN: Five after 10:00. The meeting is -- time to resume. Item 48C — Continued to later in the meeting PETITION: BD- 2006 -AR -10900 The next subject is a boat dock petition, BD- 2006 -AR- 10900. The applicant is Kent Hall, represented by Jeff Rodgers of Turrell & Associates. The address is 267 Third Street West, Little Hickory Shores. All those wishing to testify on behalf of this request, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Are there any disclosures on the part of Planning Commission? (No response.) CHAIRMAN STRAIN: Hearing none, we'll hear from the applicant. Thank you. COMMISSIONER ADELSTEIN: I have a bit of a problem. CHAIRMAN STRAIN: Go ahead, Mr. Adelstein. Page 24 161 M March 15, 2007 COMMISSIONER ADELSTEIN: You said that the applicant is Kent Hall. CHAIRMAN STRAIN: I'm just reading what the paper in front of me -- COMMISSIONER ADELSTEIN: I understand that. The owners are listed as two separate corporations. Now, is Kent Hall an owner? Because if he is, it's not specified. CHAIRMAN STRAIN: Well, we don't know if -- a staff person or the applicant can answer it. Somebody can. Do you have a -- you're the consultant, sir? MR. RODGERS: I know there's a -- CHAIRMAN STRAIN: State your name for the record, please. MR. RODGERS: For the record, my name is Jeff Rodgers, with Turrell and Associates. I know there are two names on the actual property itself, but Kent Hall is acting with permission from both parties to move forward with this. And there are two names on the property appraisers, but Kent Hall is the one acting on behalf of this application. CHAIRMAN STRAIN: Okay. Did you have written documentation to authorize that that allows that to happen? MR. RODGERS: When we submit the actual application to the county, we have to have both parties sign the affidavit, if that's part of their requirement. CHAIRMAN STRAIN: Okay, maybe the county staff person can tell us if the applicant -- show us where that is in our packet and we can -- we normally don't start out the chute with an issue, so might as well get it resolved while we're starting. MS. BLAIR: Ashley Blair, Planner for Department of Zoning, Land Development Review. Let me just look through my packet and let you know. COMMISSIONER MURRAY: Mr. Bellows, could you please turn the volume up? Because this is not working here, and I'm having difficulty with such soft - spoken persons. COMMISSIONER ADELSTEIN: That makes two of us. MR. BELLOWS: Ashley soft spoken? COMMISSIONER MURRAY: Where is Mr. Kent? CHAIRMAN STRAIN: This doesn't help any, it says somebody else, who we don't even know about it, authorizes Turrell & Associates to talk about this. MS. RODGERS: That is actually the other owner. CHAIRMAN STRAIN: Okay. But I think we're looking for something that says the owner or owners has given Mr. Hall the right to submit this. I think that's kind of what we're trying to find out. MS. BLAIR: I do have something from the CD Plus that has both names on it. I don't know if that would work. CHAIRMAN STRAIN: It needs a signature, I would assume. Mr. Klatzkow? MR. KLATZKOW: The -- there are two ways to go here. We could continue this matter to another day till we get the corporations to give the proper authorization to move forward, or we could simply move forward here, conditioned on getting that later. CHAIRMAN STRAIN: Well, unfortunately we're the last there is on this one. MR. KLATZKOW: You could condition it so that your order wouldn't be valid until they actually presented the sufficient affidavits. CHAIRMAN STRAIN: Well, in the past we've required applicants to come forward properly. I think if we set a precedent here by doing it differently, we're going to be setting a precedent for everybody. I know this is just a boat dock issue, but needless to say I don't want a -- I would not want to see a precedent set that's different than anywhere else. Page 25 16 18� March 15, 2007 COMMISSIONER MURRAY: Mr. Chairman, I would also ask, because it's noted that commercial use is prohibited, and I think we would probably find out more as we go along, but I would hope that because there's two corporations involved that we're not looking into a potential commercial use involved. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Okay, you guys have been conferring. Do you have a consensus? MS. BLAIR: What we do have on the affidavit at the bottom is James Kent Hall, but he's as the notary, so he's not -- he hasn't signed it. CHAIRMAN STRAIN: I think that to clarify this, the corporations need to authorize Kent Hall and someone -- and I would imagine that someone has to authorize Turrell & Associates to represent them here today and those -- MR. KLATZKOW: We could require that they get corporate authorizations for their representation for both corporations. CHAIRMAN STRAIN: I would assume the applicant wants to request on the record a continuation of this until our next meeting, if they can get the paperwork together? MS. RODGERS: Yes, sir. CHAIRMAN STRAIN: Okay. There's a request by the applicant to continue this -- Mr. Scofield? You need to use the microphone if you're going to speak, Rocky. MR. SCOFIELD: Rocky Scofield, for the record. Ray just talked to me a minute ago and asked if we could maybe hear this later today after the other ones are done, and maybe we can get it -- MR. BELLOWS: The faxed version. MR. SCOFIELD: Yeah, get hold of the owner, Kent Hall, and have them, you know, get an affidavit. CHAIRMAN STRAIN: Rocky, we can -- you need -- first of all you're going to need two. Apparently there are two corporations? MR. SCOFIELD: We have one. CHAIRMAN STRAIN: Okay. And this next appli -- we've only got one more case to hear and it's probably going to not take us past lunchtime. Mr. Adelstein, you had -- MR. SCOFIELD: That's — if I can't meet it by that time, then it's -- CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: My problem is that the owner is specified on the document. Now we're finding another owner in the situation here, and this would have to be redone in order to get it started. CHAIRMAN STRAIN: No, no, there's not another owner, it's an agent. That's all. COMMISSIONER ADELSTEIN: No, he says it's the owner. CHAIRMAN STRAIN: Mr. Hall is the owner or the agent? MR. SCOFIELD: No, there's two -- we're the agent. Hall is an owner. And Kent Hall -- there's two owners and two corporations. We can -- we have an affidavit for one. We can supply it. We can get the other one. CHAIRMAN STRAIN: Well, if you want to attempt to clarify it in the next hour, hour and a half, whatever it takes, before we adjourn after the next one, I have no problem with that. Does anybody else have a concern? COMMISSIONER VIGLIOTTI: I have a question. CHAIRMAN STRAIN: Mr. Vigliotti? Page 26 161 18j March 15, 2007 COMMISSIONER VIGLIOTTI: I'd like to find out who the owners are of each corporation. MR. SCOFIELD: Okay. COMMISSIONER MURRAY: And also -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- if I may, Jones Kent Hall, or James Kent Hall, whichever, he's the notary acting as agent for the corporations? Has he -- I'm wondering if that has a problem in any way. CHAIRMAN STRAIN: The only thing you can't notarize is your own signature. MR. SCOFIELD: Right. So to get his signature, we'll have to obviously have someone else notarize it. COMMISSIONER MURRAY: Yeah, something's strange there. CHAIRMAN STRAIN: If you guys want -- someone's going to have to hang around, because when we get done with the next -- MR. SCOFIELD: Yeah, that's fine. CHAIRMAN STRAIN: --hearing -- MR. SCOFIELD: I'll let Ray know. CHAIRMAN STRAIN: -- I'm going to have to ask you for a continuance. MR. SCOFIELD: I'll let Ray know if we can do it today or not. CHAIRMAN STRAIN: Okay, we'll move this one to the next -- after item C. That's an addendum to the agenda. Is there a motion to accept that? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by -- COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: --Commissioner Murray. All those in favor, signify by saying aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: I'm sorry, ma'am? COMMISSIONER SCHIFFER: Wait a minute, Mark -- MS. MAGGIO: Mr. Chairman, my name is Emily Maggio, and I live in Little Hickory Shores. CHAIRMAN STRAIN: Well, ma'am, are you -- what are you trying to address us on here today? MS. MAGGIO: Well, in addition to the corporation business, there may be a problem with notification. CHAIRMAN STRAIN: Is there a reason you can't wait for another -- MS. MAGGIO: There may be a problem with the way the thing was notified. The sign on the -- CHAIRMAN STRAIN: Ma'am, ma'am, we closed the public hearing. We're done with that one. Can you -- we're going to bring it back up here within a short period of time. Can you stay with us for a little bit longer and present when it's back in front of us? MS. MAGGIO: Well, I understand what you've done, but what I'm saying is there may be an additional problem aside from who owns the corporation. They didn't advertise it properly. And if something isn't advertised properly, should it be heard? Page 27 161' 1.91 March 15, 2007 CHAIRMAN STRAIN: Ma'am, I don't disagree with you, but the applicant's out doing something else because we gave them a continuance for probably 45 minutes or so. And you're more than welcome to speak as soon as they get back up here. COMMISSIONER SCHIFFER: And Mark, in that vote you forgot to ask if anybody was against, and I am. Because I'd rather continue it to another meeting. I'd rather staff look at the corporate ownership of it. So Cherie', mark my vote as opposed. CHAIRMAN STRAIN: Okay, is there any -- you had a no vote on the recommendation to continue? COMMISSIONER SCHIFFER: Correct. CHAIRMAN STRAIN: Actually, it was an addendum to the agenda. All we simply did was say we'd give them the hour or whatever it takes to come back and either ask for a continuance then or try to represent it to us. If it wasn't satisfactory, we could reject it at that point. But if you don't want to give them even that little bit of time, I understand. Is anybody else in agreement with Mr. Schiffer? (No response.) CHAIRMAN STRAIN: Okay, so Mr. Schiffer did have a negative vote to the addenda to changing the agenda to allow them to come back. Okay. Ray, let's move onto the next petition, BD- 2006 -AR -109 --I'm sorry, that's the one we just finished. Item #81) — Continued to later in the meeting PETITION: PUDZ- 2006 -AR -8997 Petition PUDZ- 2006 -AR -8997, Elias Brothers Communities, II, Inc. And it's for the Buttonwood Preserve PUD. Will all those wishing to speak on behalf of this petition please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Any disclosures? (No response.) CHAIRMAN STRAIN: I spoke with Mr. Arnold I think yesterday and went over my issues with him, and I'm sure some of those will be re- discussed today. Okay, Mr. Arnold, it's all yours. MR. ARNOLD: Thank you. For the record, Wayne Arnold, representing Elias Brothers Communities II, the Buttonwood -- CHAIRMAN STRAIN: One other clarification. I'm sorry, Wayne. I got a -- I spoke with Mr. Yovanovich on this one, too, because I got an e -mail from Mr. John Wilkins, who's a member of the Vanderbilt Beach Country Club, indicating to me some concerns they had that may or may not have been resolved. And we'll bring those up today. Thank you. Sorry. MR. ARNOLD: Thank you. With me today is co -agent Rich Yovanovich. We have Reed Jarvi, who did our traffic analysis from Vanasse Daylor, Michael Delate, from Q. Grady Minor & Associates who's site civil engineering. We have Elena Hoffman from Passarella & Associates here today as well, who did the environmental analysis for the site. And we have Roni and Rami Elias, the brothers of the Elias Brothers here today with Page 28 161 18� March 15, 2007 us, as well as Rick Mercer from Elias Brothers Communities. So I think we're able to answer any questions that may arise during the hearing. It's a fairly straightforward application. The staff report is fairly thorough and I think it has a lot of good graphics that will orient you to where we are in the world. We're asking for a four unit per acre residential community. I'll put the master plan up on the visualizer. The project is about 55 acres. We're asking for four units per acre, 220 units. Our access would be along the extension of Tree Farm Road, which is a roadway that's being developed in conjunction with the Collier Boulevard improvements. There's been a developer contribution agreement that we're a participant in, as well as this application. We've agreed to donate 30 feet of right -of -way and accept drainage improvements for the extension of Tree Farm Road that will ultimately connect to the Massey and Crestwood alignment. That's a north -south road that runs on the edge of our designated urban boundary for Collier County. The master plan that you see before you, we have preserve areas that exceeded the county's minimum preservation requirements. The site was a former residential agricultural operation, had some stabling and landscape nursery components on it. We have preservation area next to Bristol Pines. We have two areas of residential. We have an R -1 designated area that limits us to single - family detached and attached, single - family duplex type dwelling units. And then we have an R -2 area that's more the darker color on that exhibit that allows for also single - family but then steps it up to allow town homes and multi - family as well. But those were placed away from our adjoining property boundaries so that there was no issue of compatibility. I know that the Elias Brothers have spoken directly with members of the Vanderbilt Country Club, residents who are southern boundary, and it's my understanding that they're satisfied with the master plan. You did receive I think a corrected PUD document from Mr. DeRuntz that probably arrived a few days ago for you. I received it in the mail a couple of days ago. And there are two changes to that that we probably need to highlight and -- on the master plan. And I can show you a little more clearly on a black and white version. After meeting -- after meeting with the Vanderbilt Country Club homeowners and I believe they'll confirm that, but we were asked to make commitments for a wall and chain -link fence commitment along our property line that's in common with them. And on that master plan we have noted where there will be a wall section of about 400 feet adjacent to their residential component on our southern boundary. And we've also agreed in text to make that consistent with the wall character and architectural features of the adjoining Bristol Pines project, so that it looks like it's a cohesive wall alignment. We've also agreed for chain -link fencing for security purposes that will be adjacent to some of their other areas that they don't see because it's obscured by berm, et cetera. And those are noted on the master plan. We've added a new Section 6.9 in the PUD document that puts into text that language. And if you don't have it, I do and I can put it up on the screen so we can all read it together, if you all did not see receive the corrected copy from staff. Did you receive that, Mr. Strain? I'm not certain if you -- CHAIRMAN STRAIN: No, I did not. MR. ARNOLD: Would you all like to see that language that verbalizes the fence and wall commitment? We can do that for you. CHAIRMAN STRAIN: The copy that I received was the one in my packet. I haven't received a separate copy, so if the one in the packet happened to have it, then that's fine. Page 29 C I March +15, 20 Ms. Caron? COMMISSIONER CARON: We managed to get -- three PUDs were delivered to my house. CHAIRMAN STRAIN: Oh, you got mine. COMMISSIONER CARON: None of which -- not one is marked revision or revised or has a new date. So you'd better go over everything, because I'm not sure which one we're supposed to be looking at. MR. ARNOLD: The language that we have, it's on the screen before you, but it puts into text our commitment to construct a masonry wall and where that would be located, as identified on the master plan. And then our commitment to extend a chain -link fence along the balance of that perimeter outside of the preserves adjacent to Vanderbilt Country Club. And I hope that text is self - explanatory. I don't have additional copies to hand out, but I'm certain we could have copies made in the board office and do that, if you need to see it closer. COMMISSIONER CARON: What page is that on in the PUD document? MR. ARNOLD: Six -five. And that's a new section, 6.9. CHAIRMAN STRAIN: Yeah, it's -- the copy I have doesn't have it at all. COMMISSIONER CARON: Hang on, let me see if I have what I need. MR. ARNOLD: I know Mr. DeRuntz indicated he had mailed out a revised copy to everybody. But I think it went out after the first delivery of your documents. CHAIRMAN STRAIN: I got one of the extras. Don't worry. She seems to have a whole squadron of them over here. COMMISSIONER MURRAY: I'm good. MR. ARNOLD: But I think that puts in the text the commitment that has been extended to the Vanderbilt Country Club community by the Elias Brothers Communities. So I don't want to belabor that point, but it is a change that we want to have incorporated into the PUD document that you've -- you'll act on today. CHAIRMAN STRAIN: Could you put your plan up that showed that chain -link location versus the wall location? MR. ARNOLD: I can even do that on an aerial, if that helps orient you where it is. CHAIRMAN STRAIN: Well, I was going to point out that the aerial has an issue. See where you have the chain -link on the -- it would be the eastern side? MR. ARNOLD: Yes, sir. CHAIRMAN STRAIN: And you have masonry on the southwestern side. MR. ARNOLD: Correct. CHAIRMAN STRAIN: I know Richard's not following this, because it's directional. MR. YOVANOVICH: I was actually with you. CHAIRMAN STRAIN: Obviously, I think the chain -- the wall is more of a protection for the residential. And you have it on the southwestern side. Why wouldn't you have a wall then up on the eastern side? And I understand the chain -link against the golf course, but if the wall was supposed to be protective of the residents, you're only protecting some of them. Or how did you reason that? MR. ARNOLD: That chain -link in that particular area, that does not abut the residential directly. There's a road alignment inside Vanderbilt Country Club. CHAIRMAN STRAIN: Right. MR. ARNOLD: And there's landscape buffer that exists there. And we'll have our landscape buffer and then the chain -link fence would be obscured in our landscape buffer. I think their issue was purely in that location a security issue of continuing to make sure they had a secured community. They're here and they can speak for themselves, but that's my understanding of why a0wif � 19( arc s, 2 07 that commitment has been made. CHAIRMAN STRAIN: Okay. The comment that I had from a resident there said they understand that the developer has agreed to build a concrete wall along a substantial portion of our common property line and a fence along the remaining portions of our common property line where none of our homes are near the property line. So if they're here to speak today, maybe we can find out if they -- MR. ARNOLD: And they are. I just talked to Mr. Yovanovich, and he reminded me that the reason for that is there's a substantial berm in the areas where we have a chain -link, and it's 12 to 14 -foot high in places. So adding a wall that can't be seen seems like an expense on our part that wasn't necessary, and I believe that the community adjacent to us is happy with that. But they can speak for themselves, obviously. CHAIRMAN STRAIN: Thank you. I'm sorry, you can go on. MR. ARNOLD: I appreciate that. I think the staff report was fairly thorough. Obviously there's a recommendation not to accept one of our deviation requests, which was for a cul -de -sac that exceeded 1,000 feet in length. And staffs concern with that was that we were not interconnecting to our neighboring property to the west, which is the Bristol Pines PUD. And the Bristol Pines PUD, the reason -- one of the reasons that we can't access it is they are now under construction, they have plat approval. And what I've tried to do with this exhibit was to show you the recorded plat to our southwest comer. They've platted and they're building a wall. They have a landscape buffer and they have their own road network and lots. And they didn't contemplate interconnecting with us. And staff has asked us to interconnect to them. And I don't think that's a commitment that we could achieve, even if we wanted to. They're a gated community, they have security issues. We did meet with Mr. DeRuntz and Mr. Casalanguida in the hallway prior to the meeting. And I think we have a compromise position, which would simply be to label the end of our cul -de -sac a potential interconnect. Simply meaning that if for some reason Bristol Pines comes back in and there's an ability to make an interconnection, we then would at least have on our master plan an opportunity to do so. Because I think that Marjorie would tell them since they didn't show an interconnect on Bristol Pines, in order to ever get one they would have to come back through a PUD amendment to add a new access point. And I think as they start selling lots, that would be an increasingly difficult thing to do. The second issue for us was simply we all access Tree Farm Road. It's not as if we gain a new access point to another road corridor. We all access the same length of Tree Farm Road that we're participating in building 660, 700 feet down the road. So from that standpoint, I don't think we achieve much through the interconnection. Staff had a potential security issue and health and safety issue associated with that, but I think having shown them the plat for Bristol Pines, if we can label on our master plan a potential interconnection location, I think they're happy and it's my understanding they can now support the deviation with that notation on the plan. So Mr. DeRuntz can share with you that information later. The other point that I wanted to bring out was we had our EAC hearing this past month and we received a unanimous recommendation of approval for that. They did add one condition that I do not believe is in your document because of the time frame between the EAC and today. Staff did have a handout. And maybe I should wait to discuss some -- it has been handed out. You Page 31 March 15, 2007 have it. It was item 6.6(H) on the handout Mr. DeRuntz provided to you. And while I don't have the minutes, I did have an e -mail from Ms. Student's office forwarded to us this morning, so I could read it. Because this language didn't quite track with that. I think we're fine with the idea that we need to do soil sampling in a certain location because of the past agricultural operation on the site. Staff was concerned that there could be soil contamination in areas of the site. The LDC does make provisions for doing those on old fallow farm sites, if they believe there's evidence that it's warranted. Phase 1 analysis has been done for the site. It didn't determine that there was need to do further analysis, but we're willing to do that. But I do suggest one change: The second sentence that reads Collier County Environmental Staff will determine the appropriate parameters for soil sampling? We're okay with this if we could just add language that says, the applicant shall utilize a qualified soil testing service in conjunction with staff to determine appropriate locations. Because we think that we're going to have our own soil specialist involved, we would like them in conjunction with staff to help determine where any soil sampling would need to occur, rather than staff tell the soils scientist that they need to go sample 10 -foot grids across the entire site or something to that effect. Because we're not sure that given our Phase 1 that any of it's necessary, but we're willing to do limited sampling based on what a soil testing service tells us. CHAIRMAN STRAIN: You know, this has been cropping up lately, and it's an awfully unnecessary added expense, if you've already gone through the proper due diligence to obtain a Phase 1 environmental audit. I think we've experienced this now on a couple PUDs. The staff is not capable -- has the professionalism that a soil geologist does in this regard, and I don't see why they can impose this, nor how they can possibly be better than someone who is professional in the field of doing those kind of soil samplings and knowing whether or not it's needed. And as far as an environmental audit, there are professional firms that do that, I'm sure. As long as that's been done, I'm just surprised that this is popping inhere again. It's just an added expense that I don't see the necessity for. But I guess we'll go on with that as we go into our discussion. MR. ARNOLD: Again, we're responding to the EAC recommendation. And, you know, with the modification we've proposed we should be able to live with that. And Planning Commission can delete it if they wish. But I think that inserting some reference to the soil -- qualified soil person would be an appropriate thing to do. I really don't have -- there aren't a whole lot of issues associated with this. I know that there are probably questions from the Planning Commissioners, and I'd be happy to respond to those, or any of our team members. But those were the two issues that didn't really make it into your staff report because of the riming of this issue. And if we need to clarify anything further, I'll be happy to, and I'll respond to any questions. CHAIRMAN STRAIN: Comments? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. And Wayne, when the neighboring Bristol Pines was in here, we did discuss what they showed on their -- and if you look at the staff report on Page 9. And that was for a potential interconnect. MR. ARNOLD: Well, I think that -- COMMISSIONER SCHIFFER: And I was the one that questioned them. And the intent was that based on the design next door they could do that. The concern is really the length of the cul -de -sac. The reason the length's limited is obviously it's a fire apparatus. If it goes down the wrong turn, you're going to make it run all the way down to the end to Page 32 16i 1Bi March 15, 2007 turn around and come back. So if could break into Bristol Pines, it could hit Tree Farm faster. MR. ARNOLD: Well, I think there are also some ownership discrepancies between the two property owners. Not that the two property owners are contesting it, but I believe that in our investigation and survey work, there's a physical gap between the two. We don't physically abut them. There's almost a 30 -foot wide separation between us and them at that location. If you look at the survey that they've prepared and the plat, it references a 30 -foot dimension. And our survey work that we've done for the Elias Brothers also indicates that there's probably a 30 -foot gap between the two property lines. These two PUDs don't physically abut at that location. And I think that -- I don't know the reason for that. There are some very odd sections around Collier County where there are these gaps, and they can be inches to many feet. And I don't know the history of it, but that's what our surveys tell us. CHAIRMAN STRAIN: To solve Brad's problem, why don't you from the end of that cul -de -sac take your dead -end -- we're mostly concerned here with a water line and pressures to retain a loop system for fire protection, I would assume. Why don't you run north from that cul -de -sac along that western property line, put an easement through the two contiguous lots in R -2, go back and loop it back over to the road? Wouldn't that give you the water pressure increase that you would need to assure that there be some loop system in there? MR. ARNOLD: I'll defer to Mike Delate who's the site civil engineer to tell us if that's feasible or not. CHAIRMAN STRAIN: Okay. Brad, does that get -- COMMISSIONER SCHIFFER: Well, I'm not done yet. I'd like to continue on. But Mike, go ahead. MR. DELATE: For the record, Mike Delate, with Grady Minor Engineers. We've coordinated with Bristol Pines' site civil engineer, RWA, to loop the water mains through both projects. So there will be a loop connection. CHAIRMAN STRAIN: So you don't need the dead -end issue, the 2,300 -foot dead -end connection point then. You don't have to worry about dead -end lines then. You're going to have -- MR. DELATE: Water main. CHAIRMAN STRAIN: Okay, good. Sorry, Brad. COMMISSIONER SCHIFFER: And Mike, wouldn't -- from an engineering standpoint, this concern over the 30 feet, wouldn't it ultimately be resolved with each property getting half of that area? MR. DELATE: Potentially. But I don't believe that Bristol Pines currently owns that 30 feet. There's some underlying property owner that's independent of the two. COMMISSIONER SCHIFFER: So some third property owner owns 30 feet of land. MR. DELATE: Possibly. Deed transfers through the years. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Mr. Schiffer, did you finish? COMMISSIONER SCHIFFER: I think -- yeah, I'm done. CHAIRMAN STRAIN: Mr. Kolfiat? COMMISSIONER KOLFLAT: Yes, let me just go through a couple of minor questions here, if I could. On the PUD on Page 3 -3. Do you have that, 3 -3? MR. ARNOLD: Yes, I do, sorry. Page 33 161 19) March 15, 2007 COMMISSIONER KOLFLAT: Under maximum building height, you have tabulation there showing maximum building height. MR. ARNOLD: Yes, sir. COMMISSIONER KOLFLAT: If you'll turn to Page 4 -2, Item C, also addresses maximum height of structures. And they take exception there to clock towers that will exceed the permitted 45 feet. MR. ARNOLD: If I'm not mistaken, that reference goes into our recreation tract. To that language that talks about 35 feet except for clock towers, I think that's under Section 4, which is for the recreation tract for the clubhouse component. COMMISSIONER KOLFLAT: But doesn't that follow the maximum building height? Shouldn't that be limited to 45 feet? MR. ARNOLD: I think it's 35 and 45. So it's -- really, the clubhouse structure for instance could be 35 feet. But any clock tower or architectural feature could achieve 45 feet. Under the table on Page 3 -3, that only references the residential structures themselves. COMMISSIONER KOLFLAT: What would be limited to 45 feet, the clock tower? MR. ARNOLD: Yes, sir. COMMISSIONER KOLFLAT: But the buildings could be? MR. ARNOLD: Thirty-five. COMMISSIONER KOLFLAT: Thirty-five. CHAIRMAN STRAIN: Is that it, Mr. Kolflat? COMMISSIONER KOLFLAT: No, I've just got these little notes I've got to find here. Could you describe for me the examples of outdoors /indoors recreation activities, and incidental personal services, what that entails? MR. ARNOLD: You're looking at the recreation tract? COMMISSIONER KOLFLAT: Yes. MR. ARNOLD: I think what we're hoping to achieve here is fairly standard recreational amenity tract where we would have a pool potentially with some indoor /outdoor recreational opportunities. We'd have community meeting space, things like that. The incidental personal services are things that some of these communities develop. There have been over the years questions that arose whether or not you can have an ATM in your clubhouse. I mean, we have portable ATMs at gosh knows how many locations around Collier County. But we think it's better to go ahead and specifically reference we could have a small personal service like that. Some of the dry cleaning services, for instance, around town offer pickup service at your community. It would be an opportunity to have a centralized drop -off for dry- cleaning, things of that nature. It wouldn't be to conduct that service on -site, but it would be a drop -off location. Mail kiosks are becoming more popular in some communities where you have a mail function that's centralized, as opposed to everybody having their own mailbox. So we've made provisions for those kinds of things in the community. COMMISSIONER KOLFLAT: Thank you. Now, also in there you talk about uses for 60 percent of the project area, which is described as useable open space, you call it. MR. ARNOLD: Right. COMMISSIONER KOLFLAT: What are the uses that you're thinking about in that usable space? MR. ARNOLD: The usable open space is an actual definition in the Land Development Code. And it includes preservation areas, it includes lakes, our landscape buffers. It includes common open space areas. It includes yards, things of that nature. So they are just a component of everything that's required in the community that get counted toward Page 34 that usable open space number. The LDC requires that all projects that are residential PUDs have a 60 percent open space -- 60 percent usable open space standard. It's pretty common that we reference it. We defer to the LDC, I guess. You know, it's one of those things, but it's pretty common that we have it. I think that when we get to the newer format PUDs, I'm not sure how that's going to be treated. It is something that's standard in the LDC, and unless we ask for a deviation, I don't think you're going to be seeing that in the future. COMMISSIONER KOLFLAT: So these will be what are specified in the LDC? MR. ARNOLD: That's correct. COMMISSIONER KOLFLAT: Now, the average density of other developments surrounding Buttonwood: Vanderbilt Country Club is 2.48 dwelling units per acre, Bristol Pines is three, Warm Springs is 3.78. If you total those up and average them, you come up with 3.1 dwelling units per acre for the surrounding -- all the developments around Buttonwood. MR. ARNOLD: Right. COMMISSIONER KOLFLAT: Now, that's compared to Buttonwood at four dwelling units per area. That's a 30 percent greater density than the surrounding neighborhood. MR. ARNOLD: I think there is an error in the staff report on Page 9 where it goes through the surrounding community. It says that Bristol Pines has a density of three and 450 dwelling units -- or 298 units. But there was a bonus density approved for that, and they actually have a density of 6.85. I think it was an error in your staff report. So the Bristol Pines density is 6.85, and we're pretty consistent with Warm Springs at 3.78. And I think the distinguishing factor between us and Vanderbilt Country Club is that they are a golf course community. So when you use up so much of your area with a golf course, fairways and those improvements, your density automatically goes down. It's hard to achieve the four units per acre density on a project of that size. COMMISSIONER KOLFLAT: Well, when we receive the staff report, I'd ask that they confirm that that higher density in fact exists for Bristol Pines. MR. ARNOLD: We'll do so. We have the -- a copy of the Bristol Pines approved ordinance that lists that, and we can read that into the record, if you wish. COMMISSIONER KOLFLAT: Now, there was discussion about interconnecting roadway network. Is it correct that there is no interconnecting roadway network with the other surrounding developments at this time? MR. ARNOLD: That is correct; there is no interconnection with the other communities. COMMISSIONER KOLFLAT: And there's none that's defmitely contemplated? MR. ARNOLD: No, sir. I think the two adjoining communities that we have, for instance, Vanderbilt Country Club and Bristol Pines, they're both -- one is an existing gated golf course community, the other is going to be a gated community. I know staff made a reference earlier to Warm Springs, but we're separated from Warm Springs by the extension of Tree Farm Road, so there wouldn't be an interconnection opportunity there, of course. COMMISSIONER KOLFLAT: Well, I'm sure you're aware of this, but I do want to read it, because the -- in the Growth Management Plan, under transportation element, the county shall require, wherever possible, the interconnection of local streets between developments to facilitate convenient movement throughout the network. And also in the FLUE element it states, all new and existing developments shall be encouraged to connect through local streets and their interconnection points with adjoining neighborhoods of other Page 35 March 15, 2007 developments, regardless of land use type. You can concur with that as being a requirement of the GMP? MR. ARNOLD: I do. It says two things in there: One, it's encouraged; and two, where possible. And I think we've demonstrated that it really isn't possible. And one of the things that the county has been trying to achieve with the roadway network like Tree Farm Road is that these communities will funnel onto this local road network that they've all contributed to, rather than having access points out onto our collector and arterial network. That is the areas we're trying to move traffic more free flowing. So we are trying to share access onto Collier Boulevard, for instance, by coordinating and joining into Tree Farm Road. So that almost is our interconnection, having Tree Farm Road, as opposed to interconnecting through communities that all go to Tree Farm Road. COMMISSIONER KOLFLAT: But in reading this, it does appear that it doesn't meet the GMP. MR. ARNOLD: Well, I there -- as I said, there are two significant words in there, or phrases, and one is that it's encouraged. And it's not mandated. And secondly, it says, where feasible. And I don't think it's feasible, given the fact that we're abutting gated communities and a Comcast cell tower site. COMMISSIONER KOLFLAT: But isn't the option to deny your petition encouragement? MR. ARNOLD: I think that's always an option you have is to not approve the petition. But I think in this case hopefully we've demonstrated that by adding a note on our master plan that we'll put a potential interconnect at the end of our cul -de -sac, that at least, you know, as we move forward into the future -- I can't predict what Bristol Pines may do. But at least at that point if they came back in and if there was an ability to do that connection, then at least staff and the Planning Commission would have some teeth there. But I think where we are today is we don't really have that ability to mandate a connection to our adjoining communities. CHAIRMAN STRAIN: Mr. Murray, just wait a minute, let me make sure Mr. Kolflat's finished first. COMMISSIONER KOLFLAT: I had another question, but -- MR. YOVANOVICH: Mr. Chairman, can I give you -- Mr. Kolflat, I can give you an example of where this happened fairly recently. The Briarwood project. The owner of the Briarwood project bought some property, I think it was about 40 acres immediately adjacent to the Briarwood project. Because the Briarwood PUD did not have on the master plan an interconnection arrow, it was a requirement that they come in and amend the Briarwood PUD master plan to show that interconnection in order to actually be able to go through that project. We're in a similar situation. There's no interconnection arrow with our neighbor to the west, so we don't have the ability to interconnect today. We will put the arrow on our master plan so that in the future if there ever is an opportunity to change the master plan for the property to the west, that we will do that interconnection. By denying our project because we don't interconnect to try to encourage us to interconnect is impossible, because we cannot force an amendment on property to the west in order to be able to develop our property. COMMISSIONER SCHIFFER: There's an answer to that. CHAIRMAN STRAIN: If you guys got a rebuttal to that, yeah, go right ahead. COMMISSIONER SCHIFFER: Rich, were you the attorney for Bristol? MR. YOVANOVICH: Was I? Page 36 L , Mar h COMMISSIONER SCHIFFER: Yes. MR. YOVANOVICH: Yes, sir. COMMISSIONER SCHIFFER: Because in that hearing, we discussed that issue, because I brought it up, and that's why I remember it. And the intent was that that would be a potential available interconnect. So if our minutes reflect that, would that not be allowed then? MR. YOVANOVICH: To be honest with you, I don't remember the details back to that hearing. I don't know what the ultimate motion was and what the ultimate decision was. I can only talk about what was approved, and the PUD master plan currently doesn't have an arrow showing an interconnection. We are providing an opportunity on our property to interconnect. COMMISSIONER SCHIFFER: But if there was testimony that said you would interconnect, would that be -- MR. YOVANOVICH: We'd have to go back and look. But, I mean, that's a different hearing and we'll go look at that. But we're providing an opportunity to do that on our PUD. So if there's -- if you re correct and there's an opportunity to make that happen, we're not standing in the way of that happening. CHAIRMAN STRAIN: Is this about the interconnect, Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER VIGLIOTTI: Question, Rich. There's a 30 -foot parcel between developments here that neither one of you own? MR. YOVANOVICH: That's my understanding. COMMISSIONER VIGLIOTTL• Do we know who owns it? MR. YOVANOVICH: I haven't done the title work on that, so I don't know who owns that 30 -foot strip. COMMISSIONER VIGLIOTTI: But neither one of you two own or control that piece. MR. YOVANOVICH: We know we don't own it. And we believe that the owner of Bristol Pines does not own it. So there's a gap. I mean, we couldn't get there anyway without acquiring that 30 -foot strip. CHAIRMAN STRAIN: Mr. Kolflat, did you want to finish your questions? COMMISSIONER KOLFLAT: I had another question. You asked for a deviation of 60 feet right -of -way down to 50 feet. And the only basis that I see that have for it is, well, other people got it so I should get it. Now, that to me doesn't seem like a very valid reason to make an exception to the rule that we have. MR. ARNOLD: Well, I think part the justification for us requesting that is, you know, for sites like we are, I mean, it's a larger site to be calling infill, but it still in infill. And the county standard of 60 feet was a standard that should be utilized throughout the county for probably what would be public interconnecting streets. Our roads are not destined to be public dedicated roadways, so the deviation to allow us to have our right -of -way cross - section narrowed gives us a little bit more site flexibility and design to make the project work the best it can to fit in- between the surrounding communities. It's a standard that works. I mean, obviously you can do it. We've done these in right -of -ways down to as low as 40 feet. If you were in the City of Bonita Springs, they have a 35 -foot roadway -- road right -of -way cross - section that's acceptable. So physically we know we can engineer it to work and we can help the sidewalks, the utilities and everything fit within this right -of -way. Page 37 16.B i March 15, 2007 COMMISSIONER KOLFLAT: Well, to me it seems calling the county to have a 60 -foot right -of -way useless if we never adhere to it. And we always say, well we've done it before in 50 feet so we ought to get it now. And if they wanted to qualify and make it one for interior roads and one for so- called exterior roads, they could do that in changing the standard. But it seems to me part of our responsibility is to support and enforce the standards of the transportation department in developing the best interests of the county. MR. ARNOLD: I guess I don't disagree with you, other than your transportation staff has reviewed it and they're concurring that the 50 -foot wide right -of -way is acceptable to them, as well as to the planning department. And again, it is a standard that we successfully utilized in other sites, so it works. And I think part of -- you go back to the Land Development Code, and it's written generically to apply county -wide. But we also have the PUD process that allows us to tailor the project to fit a specific piece of property. And I think that's what we're trying to demonstrate to you, that we have a project that's trying to build within confines of having surrounding development. We don't have an unlimited amount of land to go and grab. We don't have thousands of acres; we have 55 acres to try to make all of this work. So we're comfortable with the 50 feet, and we hope you can support it, too. COMMISSIONER KOLFLAT: I have no more questions. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Good morning. MR. ARNOLD: Good morning. COMMISSIONER MURRAY: That's a could have /would have /should have thing, I'm thinking. And what am I referring to? The issue of interconnectivity. You know, it occurs to me the activity centers, which were originally intended to have retail, office and residential, if we'd ever enforce that we would have had a heck of a lot less traffic on the roads, calming things up. But that didn't happen, and this is obviously not going to happen for many, many, many years forward as well, based on this. The absence of sidewalks being mentioned means that there's no deviation requested, so along those cul -de -sac roads there, there will be sidewalks on both sides? MR. ARNOLD: Correct. COMMISSIONER MURRAY: Okay. I have a few questions, so if you could be patient with me. Okay, my comment was the neighbors need to cooperate about that issue of interconnectivity. With regard to that, I noted that there was one for pedestrian connectivity. Is there a commercial enterprise that there would be a reason for them to have pedestrian and no vehicular interconnectivity? MR. ARNOLD: Are you referring to a specific reference in the staff report, or -- COMMISSIONER MURRAY: There is a specific reference. And if I have to go digging for it, it's -- if you're not familiar with it, I'm surprised. But there is a reference in there to pedestrian interconnectivity. MR. ARNOLD: Well, I think the pedestrian interconnectivity goes to being within the community and then access to Tree Farm Road. We have a pedestrian network internal that's going to get people throughout the cul -de -sac network and into the clubhouse, for instance, and then out to Tree Farm Road. COMMISSIONER MURRAY: I don't think of that as interconnectivity in the context of PUD to PUD, PUD to whatever, but okay, if that's your statement. Let's go -- let's see. I'm looking at the PUD 2 -2. Under 2.3 (C) and it says, unless a deviation is approved as part of this RPUD or by subsequent request. You don't -- I guess that's just the use of a word, you wouldn't think (sic). But just because you requested it you could get it, right? You would be (sic) subsequent approval, right? MR. ARNOLD: Correct. That's something that's correctable. I think you will also find that these 161 191 March 15, 2007 kinds of statements will be coming out of your future PUD documents. But that only means that we wouldn't be prohibited from coming back and seeking a variance separately -- COMMISSIONER MURRAY: I understood the intent, but I thought that perhaps we would make that statement. Let's see. Okay, I think this is also a small probably maybe not a significant point, too. On 2 -5 it talks about ag. uses through December 31, 2006. I guess because of the process you're still doing the ag. there. Or have you stopped? MR. ARNOLD: I don't believe that we have ongoing agricultural operations at this moment. COMMISSIONER MURRAY: Okay, that was -- I thought that was a small point. But I do have a point on 3 -3. When I opened that page, I started to smell what I thought was fish, and I wondered why. And then I realized it must be sardines, because I'm looking at 12 feet between single detached families. And I'm thinking if my feet were to smell somebody 12 feet away, might actually get the fragrance. We're packing them in, aren't we, for 12 feet? MR. ARNOLD: Six -foot side yard setbacks? COMMISSIONER MURRAY: Yeah. I mean, we -- I know that if you live in a condominium, you certainly have to live, you know, carefully in consideration of your neighbors. But with regard to detached single - family homes, can we not give folks a little privacy? Six feet doesn't strike me as -- 12 doesn't strike me as very much. MR. ARNOLD: Well, I think that if you compared it to the standard single - family residential districts in the LDC, you end up with fairly standardized either five -foot setbacks for some of those districts to seven and a half feet is standard. And I think the six feet is something that for communities like this, it gives them flexibility. They may well choose to put in because of the ability to sell them seven and a half foot side yard setbacks for 15 feet, for that matter. But I think going toward a smaller lot format, six foot works, and it's something that has been successfully done for other Elias Brothers communities. COMMISSIONER MURRAY: Oh, I agree that it works because it's made to work. And as long as we continue to sell it to families or -- not families but people who are aging and who do not have children crying, we'll probably be all right. But if we ever put families in there, that sure is going to be a challenge. That was my view on that one. And I just think that when we take and try to utilize every square inch of the parcel -- I recognize there's money involved, but after the money is spent and people live there, there ought to be something that they can say I really enjoy my property. And I think we live far too close in these communities, and so I'm really not happy with that 12 feet business there. Thank you. COMMISSIONER SCHIFFER: I have one more. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And Wayne, it's on the same table, Page 3 -3. In the multi - family, would you have a problem putting the greater than symbol in front of 10 feet and 20 feet at the bottom, in accessory 10? There's a building code thing that will reward you for that. MR. ARNOLD: If I -- I'm sorry, just to make sure I follow, under the accessory uses under -- COMMISSIONER SCHIFFER: Where it says -- just multi - family. MR. ARNOLD: Right. COMMISSIONER SCHIFFER: Where -- all the side setbacks, if you would put a greater than 10 feet, your -- the ability to put windows and stuff will be greatly benefited. If the guy put it at 10 feet, he going to have a restriction he won't have at 10 -foot one millimeter. MR. ARNOLD: So if I just put a greater than sign in front of the 10 feet? Is 10 feet greater than 10 feet? I don't know. I mean, I don't know if we're going to have zero walls, but -- Page 39 16i 1B, March 15, 2007 COMMISSIONER SCHIFFER: Well, you're setting it to be 10 feet. So if the -- I'm just saying, make it greater than 10 feet. MR. ARNOLD: That could be a problem. COMMISSIONER SCHIFFER: It can't be a problem. I mean, that's -- make it 10 foot, one - sixteenth. If that sixteenth has got you going, then watch out for your stucco thickness. MR. ARNOLD: That's not a problem. CHAIRMAN STRAIN: That little comment of Brad's just saved you guys a lot of hassle in the field, I can tell you from experience. You don't want to be 10 feet or 9.99, you want to be 10.00001. MR. ARNOLD: And that's going to be only under the multi - family on -- COMMISSIONER SCHIFFER: Correct. MR. ARNOLD: -- the side yards? COMMISSIONER SCHIFFER: They're the only things that will be built under the building code. The other things will be the residential side. MR. ARNOLD: Okay, great. Thank you. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Wayne, we'll go to the PUD for just a few issues. While you're on the table, under your single - family detached and two - family and duplex, under your front setbacks you have 20 feet, but you don't have asterisk six as a reference. I think you'd want that, because that gives you two things: It gives you a side yard garage -- or a side entry garage to be able to be closer to the road, but it also requires the 23 feet that we have as a standard for the front setback or front entry garage. MR. ARNOLD: That's correct. That would be my omission. We should footnote that as footnote six as well across the board on all the front yards. CHAIRMAN STRAIN: And I think you ought to do that for the accessories where it's missing -- MR. ARNOLD: I would agree, yes. Thank you for pointing that out. CHAIRMAN STRAIN: Ray, and I heard Wayne say this, this is one of those with a lot of redundancy. Can you -- why are we still getting these? We've been going on with this issue for years. I mean, I believe that the applicants are discouraged from removing it. Why is that happening? I thought we -- there was some consensus from staff we were going to have a more refined PUD document. Is it ever going to happen or is that gone away now? MR. BELLOWS: The Board of County Commissioners has adopted our LDC amendment. There are three or four petitions that have been submitted that are in the pipeline that will be coming to you in the few months that are in the new format without a PUD document. In the meantime, staff has been directed to work with all the various reviewing departments to eliminate redundancies. However, some departments have been fighting that. Unfortunately they're in a different department I don't have supervisory oversight. But the planners are directed to remove it wherever possible, and we are attempting to fulfill those requirements. CHAIRMAN STRAIN: As long as I know you're still trying, Ray, I appreciate it. MR. ARNOLD: Could I maybe just pipe in there? Because Mr. DeRuntz did make a request of us several weeks ago to maybe reformat this. And because we were already scheduled for EAC, and it was so far along, I think it was our hesitation, and I think staff concurred that maybe this was one of those that had gone so far along the older format that it wasn't prudent to now start making changes, because there could have been some unintended consequences of that. But I can assure you that the newer ones that we're working on that you've yet to see are in a revised Page 40 16 1 19 March 15, 2007 format that's very streamlined. And I think everybody's going to be pleased with that. CHAIRMAN STRAIN: Well, I was just trying to make sure that there's been no change that we're going back to something. So I'm assured of that, thank you. I had a question about the property owner list. I had asked Mr. Yovanovich, since I think he was involved in some of the title work or something, to clarify it. And that involved the references in the property owners list that you all supplied saying everything was owned by Elias Brothers Communities 1I, Inc. Yet the county appraiser's site had it just plain Elias Brothers Communities. And I'm just wondering if that got clarified. MR. YOVANOVICH: We did. We went back and looked at the property appraiser's records. And as you can see, it looks like on the -- what they did is they dropped the 11, Inc. down into the address. They had owner name and they went Elias Brothers Communities, and then if you go down in address it continues to II, Inc. So it looks like they dropped it down on a couple parcels on a couple. And on the others they fit it all on the one line. So that was that issue. And the deeds are correct in your packet. CHAIRMAN STRAIN: Right. I notice, remember, I told you that, I just wanted to make sure. MR. YOVANOVICH: Yes, we went back and looked at that, and that's what we discovered was the issue. CHAIRMAN STRAIN: Thank you. Now, Mr. Arnold, the timing of this project. One of the comments that I received back from the Vanderbilt Beach people was that they believed that the project was going to be developed when the roads were completed. And you know that's been something that this board has at times asked. And what's your intentions? What do you think you're trying to do? MR. ARNOLD: I'm going to allow Mr. Yovanovich to respond to that, because he's -- MR. YOVANOVICH: You know what we would like. CHAIRMAN STRAIN: Yeah, you got it on Target. MR. YOVANOVICH: What we're willing to agree to is the substantial completion of 951, which is where our project essentially has its traffic going to, for the most part. We would agree no COs until substantial completion of the 951 project. CHAIRMAN STRAIN: Well, the 951 project, just so you know, starts at Immokalee Road and is under construction all the way down to US 41 south. MR. YOVANOVICH: We were talking about from -- thank you -- Immokalee Road to the phase that goes just south of Vanderbilt Beach Road. I believe that's the one phase, Nick; is that correct? CHAIRMAN STRAIN: It goes from Golden Gate Boulevard to Immokalee Road, that's the phase you're working on six -laning now. MR. YOVANOVICH: Yes, that's the one that the contract was recently let for. CHAIRMAN STRAIN: Okay. Do you have any problem also tying it to Vanderbilt Beach Road and hnmokalee Road? MR. YOVANOVICH: Of course we do. CHAIRMAN STRAIN: Well, those two are -- right now they're ahead of 951, so why would you have a problem? MR. YOVANOVICH: Well, if I knew that things wouldn't change, sure. CHAIRMAN STRAIN: And that's exactly why I'm bringing it up, Richard, because you had stood there and nobody thought that the Target mess was going to change, and we approved that project before the DOT told us they wouldn't put that cloverleaf in until they expanded 1 -75. That was a big mistake to this day. But I don't want to see it -- I would not like to see that happen again. So I don't know why you couldn't tie your completion of your project, your COs, to the completion of 951, Immokalee Road to 75, Page 41 161 11 March 15, 2007 and Vanderbilt Beach Road to 951. MR. YOVANOVICH: Well, I would appreciate if we're going to go to that extent, if we could possibly put in a date certain -- CHAIRMAN STRAIN: No. MR. YOVANOVICH: -- so we would better know what is going on. CHAIRMAN STRAIN: I mean, this board may decide to, but you know this is the same issue I've had on every project that's going on, on 951, and I still have it. Date certains have been proven not to work. We have that on Davis Boulevard, 951 and Immokalee Road and 1 -75. And from my perspective, that's not where I am going to go. So when it gets to it, everybody else as we discuss this can make up their own minds. MR. YOVANOVICH: We're going to rely heavily on your staff to make sure that the schedule they have for Vanderbilt Beach Road is going to be met, so we will begrudgingly add that to our commitments. But keep in mind our project is helping solve the transportation network issue by giving additional right -of -way to make the Tree Fann/Woodcrest/Massey bypass road actually happen. So we are part of the solution to the transportation problem out there as we go forward with our project. CHAIRMAN STRAIN: Do you know what? Every single project that's come in here has said that to us. Every project has a solution to our traffic problem and we don't have one. I'm so glad. Thank you for that statement. COMMISSIONER MURRAY: I think if we develop everything, there will be no more problem with transportation, huh? CHAIRMAN STRAIN: That's what I hear. Okay, any questions of the applicant? (No response.) MR. YOVANOVICH: We're talking about substantial completion, correct, Mr. Chairman? CHAIRMAN STRAIN: Well, I'm going to get Nick to make certain that substantial completion means all the road lanes are open. Then if says yes, that's where I'm trying to go. COMMISSIONER ADELSTEIN: It's going to be '08. CHAIRMAN STRAIN: I don't care what year it, if it's 2012. MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation Planning. When we talk about substantial completion, we mean the through lanes are up and running. And we don't expect the landscaping to be completed or the final cleanup of the roadway, but the through lanes are up and running. CHAIRMAN STRAIN: Okay. So substantial completion of Vanderbilt Beach Road, h=okalee Road, I -75 and 951 between hmmokalee and Golden Gate Boulevard. That's the area that I am targeting. MR. CASALANGUIDA: Yes. MR. YOVANOVICH: Vanderbilt Beach Road, can we talk about from what point to what point? CHAIRMAN STRAIN: 951 to Airport -- well, 951 to Livingston to Airport. It's already from Livingston to Airport. 951 to Livingston. And the six - laning of I -75 to Tampa. COMMISSIONER CARON: Just kind of slide them in there, that's good. CHAIRMAN STRAIN: Are there any other questions of the applicant before we hear from staff? Ms. Caron? COMMISSIONER CARON: Yes, in your -- in the staff report, it says we have 13.45 acres of preserve and 7.20 acres of storm -water management. But in the water management report it says we have 15.9 acres of preserve and nine acres of water management. How did we lose out on preserves and storm - water management? Page 42 161 1 B March 15, 2007 MR. ARNOLD: I think what happened is the storm -water management report was not modified as the master plan evolved to deal with some of the preservation issues. What happened is the staff -- we're giving more preservation area than is required under your code, and that's something that we negotiated with staff. There are some other areas we had to modify and deal with some lake modification, and we also had to accommodate the county's well -field easement that they desired to have on our frontage on Tree Farm Road. I think Mike Delate's been working on the South Florida Water Management District's submittal with Passarella & Associates, and I think that it's simply something that was not corrected as this project evolved through the zoning process. COMMISSIONER CARON: But everybody is on -- everybody in storm -water management is on board with the reduction? MR. ARNOLD: Yes, ma'am. It's going to be subject to permitting with the Water Management District anyway. And that permit application is -- and we already have our permit for that. COMMISSIONER CARON: And I had had a note about Bristol Pines and affordable housing. It was 6.8 is what the actual -- MR. ARNOLD: I believe the number was 6.5 actually was the density, wasn't it, Rich? MR. YOVANOVICH: Yes. There was a concurrent affordable housing density bonus agreement that went through the process. COMMISSIONER CARON: Okay, that's all I have for you all. CHAIRMAN STRAIN: Thank you. MR. YOVANOVICH: I don't know when it's appropriate, but on the interconnection issue, we have been working with Mr. Casalanguida, so I don't want to speak for Nick, because every time I do we get another stipulation. So I'm going to let Nick speak for himself. But I believe he doesn't need or really want the interconnection between our project and Bristol Pines. MR. CASALANGUIDA: The good part is I've been here long enough now, two and a half years, I have a little history on projects. The original Bristol Pines that came in to the west of the property on Warm Springs had their own right -of -way pennits on 951. That was one of the first projects I rejected and said you've got to come in and share access, interconnect and do all these things that we're fighting for. And I really applaud you all bringing up interconnection. Because as Mr. Schiffer knows, for the last LDC cycle, I made a mandatory requirement to do interconnection as one of my LDC amendments. As far as this project is concerned, that loop road that we're doing is our interconnection. Without getting every developer to come in and play nice, share water management, provide right -of -way, we've never gotten that road to work. I have no transportation benefit vehicularly by interconnecting these two projects. Taking them out onto Tree Farm Road to Collier Boulevard at a signalized intersection is my connection road that provides that level of service increase that we have there. Mike Delate, the engineer, has worked very well with the waterway management right -of -way design of this roadway project with me. There are no ponds on this whole loop road that is being purchased by the county. They're all being taken in by developers. They're all coming in at location points that the county has determined where they be. They line up, they're spaced, they have turn lanes. I couldn't have asked for a better project. And don't get me wrong, it was not easy. You had to pull teeth to get this done. So I encourage you to keep bringing up the interconnection. It's important. I lose the fight a lot of .,_.. arch 15, 2007 times, but with this one it's exactly what transportation wanted. The issue Mike DeRuntz had was more of a safety issue, but it was not -- it didn't increase any traffic benefits by interconnecting the two projects. CHAIRMAN STRAIN: Thank you, Nick. Is there a staff report? MR. DeRUNTZ: Good morning. My name is Mike DeRuntz. I'm a Principal Planner with the Department of Zoning and Land Development Review. Quite a few things were commented on. We have the revision that was associated with the EAC stipulations, we have that copy. And subsequent suggestions for revision of incorporating the applicant with their consultant to work with the county for soil testing. We talked about the issue of the interconnection with Bristol Pines. This future access that is proposed, myself and Nick are supportive of that by just having that arrow there for a future interconnection. And with that, we would change our recommendation for deviation B to approval. The issue of the fence and the wall addition was shown on the conceptual plan. And Donna, in the future -- I hated to send that out after the fact, but it came in, and I thought it was important. I will mark those revised. Thank you very much, and I will do that. And as Wayne has mentioned, in Section 6.9(A), the dimensions were identified. And I also spoke with the people -- representative of the Vanderbilt Beach Country Club, and they were satisfied with what was proposed for the wall and the fencing. We did hold a neighborhood information meeting on the 21 st, 2006 of -- let me look here, sorry -- August. Excuse me, August. And at that meeting there were -- as mentioned in the staff report there was discussion of what the heights were going to be. And there were representatives from Vanderbilt Beach Country Club that was there. And at that meeting they were talking about having, you know, continued meetings with the homeowners association there to work out any potential suggestions or agreements that they may propose to address their needs. And this wall and fence is an outgrowth of that. You have a copy of my -- the staff report dated March 15th. In that report we recommend -- or it was found to be -- that the proposed PUD rezoning was found to be consistent with the Growth Management Plan, and we're recommending approval. It is compatible with the adjoining properties. And if you have any questions, I would be more than happy to try to address those. CHAIRMAN STRAIN: Any questions of staff? Mr. Murray, then Mr. Schiffer, then Ms. Caron. COMMISSIONER MURRAY: Hi, Mike. I have only one question. The 12 feet issue that I raised earlier, that's part of the LDC. Has any amendment ever been brought forth with regard to expanding that to a better number? I call it a better number. I think my friends in the development community would not. Has that ever been brought forth? MR. DeRUNTZ: Well, we have standard setbacks. But as was mentioned, this is a PUD document, and they can deviate a little bit to the -- because of the unique plan that they're presenting to the board and the commissioners. COMMISSIONER MURRAY: I understand your answer. So it's a matter of judgment, thank you. MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: And I'm back on the cul -de -sac. Mark, you suggested a redesign of the site plan. Is that going to happen, or is that just a suggestion? CHAIRMAN STRAIN: I was responding to you, but you didn't follow up, so I didn't know if you cared about it or not, so -- COMMISSIONER SCHIFFER: Well, I still think we can interconnect. But the -- kh'15, 207 I CHAIRMAN STRAIN: They said they're going to loop their water main, though, through over to Bristol Pines, so that seemed to take care of it, rather than working its way north on the project. COMMISSIONER SCHIFFER: But how does that water supply jump the 30 feet? We'll deal with it. But anyway, Mike, the question is why do you think we have 1,000 feet in the cul -de- sac? And I'll answer it for you: It's a fire regulation. MR. DeRUNTZ: That's right. COMMISSIONER SCHIFFER: And the concern is that if a vehicle goes the wrong way and these vehicles can't turn around in your driveway, that they've got to travel quite a distance. So why is it that you would accept a cul -de -sac that long? And it's really a health, safety and welfare issue for the person who the thing went the wrong way on, so -- MR. DeRUNTZ: Well, it is longer than the 1,000 feet, there's no question about that. And having the future interconnection, then, you know, there'd be another way to get out of that subdivision. It also addresses the point of the interconnection that Tor was talking about between developments. The -- you know, the site is very tight with the developments on -- you know, property on -- residential development on both sides and the water management areas and so forth. And moving a cul -de -sac further up, they would be losing some of their density, but that would be a question that they would, you know, need to try to address. But my concern basically was trying to get that interconnection. COMMISSIONER SCHIFFER: Right. And the suggestion Mark made is really a good one, and maybe when we do the motion, could we do the motion based on -- first of all, I would not like to allow that long a cul -de -sac. So can we do the motion such that it either goes to the redesign that Mark mentioned or an interconnection? Is that something we'd be able to do, Mr. Chairman? CHAIRMAN STRAIN: First of all, my suggestion was for the water line. Are you suggesting for the roadway? COMMISSIONER SCHIFFER: The roadway could go back up and do the same thing. CHAIRMAN STRAIN: It could. COMMISSIONER SCHIFFER: And the concern is that, you know, nobody in this room really is representing the reason we have 1,000 foot cul -de -sacs and we're making all these decisions based on that. So, you know, I think it's fair that we start tidying up the length of these cul -de -sacs. A thousand feet is a long distance. MR. DeRUNTZ: Yes, sir. COMMISSIONER SCHIFFER: That's it. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: I believe your staff report recommended denial of that deviation two, didn't it? MR. DeRUNTZ: It did. But with the future interconnection, I was recommending that we would change that to approval. COMMISSIONER KOLFLAT: Oh, you're changing your recommendation now? MR. DeRUNTZ: If they provide that future interconnection. COMMISSIONER KOLFLAT: Now, would you tell me what the density is at the Crystal (sic) Pines? MR. DeRUNTZ: The Bristol Pines? COMMISSIONER KOLFLAT: Bristol Pines. MR. DeRUNTZ: With that, the affordable density bonus agreement, it's 6.8. Page 45 16 - 10 1 March 15, 2007 COMMISSIONER KOLFLAT: Thank you. MR. DeRUNTZ: Eight -five, excuse me. 6.85. CHAIRMAN STRAIN: Brad, by the way, I haven't forgotten your question about the road, but I want to bring that up to the applicant when we finish with staff. Ms. Caron? COMMISSIONER CARON: Yeah. Mike, thanks for saying that in the future you will stamp these revised PUDs revised. But it's also, I just want to note, up to the petitioner too, because at the bottom of the PUD on every page it says Buttonwood Preserve RPUD 2706 clean doc. And they should be noting as well that it's revised or when you get it, how do you know? But at any rate, we just need to make sure, because we should all be looking at what we're supposed to be looking at, not -- MR. DeRUNTZ: Yes, ma'am. COMMISSIONER CARON: The interconnect situation for changing the denial on that deviation is really kind of a -- I mean, it's a phony thing. We've already discussed today that it's just going to be an arrow on a map. It's not really going to accomplish -- COMMISSIONER MURRAY: Not a thing. COMMISSIONER CARON: -- anything with respect to a fire hazard on cul -de -sacs longer than 1,000 feet. So, I mean, I just --again, I think that is one of those things that --I don't know how they get fire approval. Perhaps Brad, you could tell us that. COMMISSIONER SCHIFFER: I'm not sure. But I have heard that they say that we overrode all the code, when the commission reviews numbers. They're not really pointing out what's happening up, and then it turns around. I mean, it's -- even the dimension of a cul -de -sac isn't correct in the Land Development Code. CHAIRMAN STRAIN: You see, at the end of a cul -de -sac they need to have two things in a dead -end cul -de -sac: They need to have a flushing device, which there are automatic flushing devices on the market. They need to have the pressure needed sustained for power flow. So length of a cul -de -sac from the fire purpose and protection maybe isn't as big of an issue. I hadn't heard the argument you made that people turning in the wrong direction wouldn't know how to get out. But I think there's a solution to all this, and if the applicant agrees to connect that loop road back up, I don't think it will hurt their master plan even by one lot. And I can show you why. MR. ARNOLD: I'd be happy to look at your potential solution. I guess part of the review for PUDs, it goes through fire district review and they had no objection to what we're offering. And certainly we haven't submitted for a plat. But I guess if we could -- you know, as a compromise maybe the alternate is that if the fire department requests that we loop back into our internal road network, we'll make that happen. Mr. Strain just drew on there. I haven't looked at that yet, but I certainly will. CHAIRMAN STRAIN: Move the rec. up alongside that new intersection, you don't lose anything as far as having a lot that is now against an intersection of two roads. You expand your R -2 to where the rec. center was. And you've got a road going up at the end of a cul -de -sac that was dead -end anyway, so you haven't really lost anything. Especially with your six -foot setbacks. How is that, Mr. Murray? COMMISSIONER MURRAY: Thank you, sir. MR. ARNOLD: I appreciate that effort. J , 161 181 March 15, 2007 I think we would, from a site planning standpoint, be much more comfortable to even commit to providing some stabilized turnaround at the end of a cul -de -sac to stabilize the interconnection potential into Bristol Pines if there's a fire access issue. Because I'm not quite sure I understood Mr. Schiffer's comment. I thought it was going into the wrong subdivision. But if it was meant that the long distance for a turnaround -- I'm not quite sure what that issue is. Because I think from a fire safety standpoint, we'll have fire hydrants and firefighting capability throughout the road system and the subdivision. I guess it's one of having your fire apparatus turn around. And I guess I've never known them to necessarily stay on the pavement if they don't have to. But I guess our solution would be providing and making a commitment to stabilize a potential interconnection to Bristol Pines, as opposed to mandating that we loop back into our road network, since the fire department didn't seem to have a problem with this. COMMISSIONER SCHIFFER: I mean, I don't know what fire review -- we didn't get any information about fire reviews in our packet, so -- MR. ARNOLD: I just know they're on the list, and we get checked off where there are comments. But I don't believe we had any comments from them whatsoever. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I would just relate to you that in furtherance of the conversation, fire doesn't have any boundaries when it chooses to really make its way. 50 -foot road as opposed to -- and if people are down there and they can't get out for whatever reasons, it's not a good thing. I'll tell you, I wouldn't be able to support what I see there. What I see there now I could certainly support, but I certainly have a difficulty with the cul -de -sac as it was presented, and the 12 feet. CHAIRMAN STRAIN: So this resolves a couple issues for you, possibly. Mr. Schiffer? COMMISSIONER SCHIFFER: Mr. Murray actually brought up a good point. With the 20 -foot setbacks and the 50 -foot right -of -way, you don't even have enough distance to do a turnaround that the fire department requires. It requires 40 feet on the center of a 20 -foot lane. So you need 80 -- you need 100 feet. I mean, between front of house and front of house on the 50 -foot right -of -way you couldn't even pull a vehicle around. MR. ARNOLD: The cul -de -sac that was shown I know meets the fire apparatus turning radius. But you re talking about -- COMMISSIONER SCHIFFER: But you mentioned earlier, oh, I've never known to them to be shy. I mean, you know, they couldn't even take out all the landscaping and make it around that because you're so close together. CHAIRMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Do you want to -- so there is some interest in this suggestion, are you saying no to it or yes, so everybody in here knows it's real clear on how they're voting. MR. ARNOLD: I think I'm saying I don't know yet. I really haven't had a chance to speak to the client. I mean, if it's not inappropriate, that we could have a few minutes to look at your revision, or proposed revision, and then -- CHAIRMAN STRAIN: Let's finish with the process. Because we need to find out about this lingering one. I don't want to keep everybody including the public and the staff here for the boat dock if it's not going to happen. So let's finish with everything on this one except for your comment, and we'll go forward with the public speakers. MR. ARNOLD: I'll take the version that you marked up off the visualizer so we can study that, if that's okay. Page 47 Zh 1153 2100781 CHAIRMAN STRAIN: Yeah, it's copyrighted. COMMISSIONER SCHIFFER: Mark, I have a question. Ray, is there a way to get access to the minutes to see? Because I think step one, if they did mention that there was an available inter - connect from Bristol -- now, I know there's a hiatus piece of land, but that could be solved by each of them getting it. Is there a way to access those minutes quickly? MR. BELLOWS: It would be through the clerk -- CHAIRMAN STRAIN: I don't think quickly is the word. I know that the clerk's site, the pages are slow to come up. It would take a while to probably zero in on a part of it that you would need. The fact that they have a 30 -foot strip between them makes it real difficult. It puts the -- them hostage to that owner's pricing, which -- COMMISSIONER SCHIFFER: But from my experience, those hiatus trips, unless it's a grudge strip that's there for a purpose, those are normally just surveying errors and they ultimately get blended to each property. CHAIRMAN STRAIN: See, we've had testimony from transportation that that doesn't make a lot of difference construction -wise to them, or traffic -wise. And to be honest with you, if they've got the big loop roads as the interconnections, this isn't really that -- it shouldn't have a lot of meaning. Anyway, let's move on. Is there any other questions of staff? If not, we'll move on to public speakers. Ms. Student? MS. STUDENT - STIRLING: Just on the two languages that were submitted, I did a little tweaking on the environmental, and it won't change the substance of either. But I notice in the language about the wall and the fence, there's some redundancies where foot is I think written in one place, and also it has the indicator. And at ordinance, that should always be written out as foot or feet. So just things like that, but it wouldn't change the substance. CHAIRMAN STRAIN: While we're on it, I'd like to -- rather than wait for discussion, because we may need an input, on the recommendation from the EAC which was actually probably from staff on H where they submitted the soil sampling issue, I would suggest that we allow an applicant to submit a Phase 1 environmental audit. Or in lieu of that, because that's a due diligence item that any good property owner is going to do automatically. And those are done professionally by geologists and scientists who are hired by firms to look these things over. In failing to have a clean Phase 1 environmental audit, at that point then staff could interject as far as require additional soil sampling pursuant to the needs of a -- or pursuant to the review of a geologist or someone of that stature that knows what they're looking for. Does anybody have any problem with that kind of a modification on H? COMMISSIONER MURRAY: No, it's a good modification. COMMISSIONER VIGLIOTTI: It's called for. CHAIRMAN STRAIN: Okay. When we get there for stipulations, we'll worry about it at that point. I think we can go into public speakers now. Ray, how many do we have? MR. BELLOWS: Just one speaker. The first speaker is Chappell Wilson. MR. WILSON: Good morning, Commissioners. My name is Chappell Wilson and I am one of several committee members from Vanderbilt Country Club who has been appointed to work with our neighbors to review any type of development that may adjoin Vanderbilt Country Club. I have four of our committee members here with us today. 5MM 16 1 19, March 15, 2007 We had the opportunity a while back to meet with Rick Mercer from Elias Brothers, had opportunity to review the plans and to talk about any concerns that our members had expressed to the committee. For your information, the committee is satisfied with the nature of the development and with the construction of the fence as proposed here this morning. Elias Brothers has shown to be a cooperative neighbor, and our committee has no objection to the application as it is presented. Thank you. CHAIRMAN STRAIN: Thank you very much, sir. Okay, Ray, that's the last and only public speaker? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Is there any -- is the applicant in a position where they want to address this issue of the plan? MR. ARNOLD: I need to probably -- if we could have a couple more minutes. I haven't had a chance to speak to Mr. Yovanovich. I think we have maybe a solution. I think the direction we're had headed is to say yes, we think we can make a connection internal to our other road system, but we have another alternative we'd like to discuss with Rich that may give us the same result. CHAIRMAN STRAIN: Okay, we're going to have to take a break for the court reporter anyway. I don't think -- based on the fact we have one case left, and we're not going to be taking lunch, so what we'll do is take a 15- minute break, we'll finish this up and go straight into the boat dock and get done with that. Is that -- COMMISSIONER ADELSTEIN: With a publication. Publication's wrong. It's got to be redone. CHAIRMAN STRAIN: What are you talking about? COMMISSIONER ADELSTEIN: Boat dock. I'm saying we won't get to that, because basically they can't present it today if they're going to change the frontage of it. CHAIRMAN STRAIN: Let's wait till we get to it. Right now what we're going to do is take a 15- minute break. We'll be back here at 11:45. (Recess.) Item #8C — Continued from earlier in the meeting PETITION: BD- 2006 -AR -10900 CHAIRMAN STRAIN: Okay, we're going to try to finish this up. And before we go back to the Buttonwood PUD, the applicants -- or the staff has indicated to me from the boat dock request that there's -- they've come to a resolution on that. And I'm just wondering if -- who's going to briefly tell us what they've decided so we can maybe not make anybody wait any longer than they have to. MS. BLAIR: Hi. Again, for the record, Ashley Blair. We'd just like to request a continuance so that we can further research the affidavit and the advertising. CHAIRMAN STRAIN: I think that would be a very good idea. Is there a motion to recommend? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Wait. Page 49 16,11 18 March 15, 2007 Ms. Caron? COMMISSIONER CARON: Wait, I have a comment to make first. I would like to hear public speakers who have been waiting here all morning to speak on this issue. It's fine to continue, I have no problem continuing this, but there have been people sitting here all morning waiting to speak and I think that they should be heard. COMMISSIONER ADELSTEIN: I agree. COMMISSIONER CARON: Or ask them if they're willing to come back. Ask them if they're willing to come back, whatever the continued date. CHAIRMAN STRAIN: Let's calm down here. Ms. Student, I just asked you during the break what was the best scenario. I think Mr. Weigel expressed that the best scenario was not to have a disjointed record with part testimony this week and part two weeks from now, and that the best thing we could do is continue it all to one time and have it all at once. Is that a consensus basically of what he said? MS. STUDENT - STIRLING: That's what I understood him to say. CHAIRMAN STRAIN: Okay. Looks like the speakers, by raising their hand, in the audience agree with that. And I think that would be the best thing to do for the record. So thank you. Is there a motion to recommend approval for the continuance. COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Murray, seconded by Commissioner Adelstein. All those in favor, signify by saying aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTi: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. Item #8D — Continued from earlier in the meeting PETITION: PUDZ- 2006 -AR -8997 Thank all of you for your patience in waiting for us this morning, and we're sorry it had to get continued, but this is probably the best solution for everybody. Thank you. Okay, Mr. Yovanovich, did you and your clients come up with a conclusion for -- MR. YOVANOVICH: We have. And recognizing that these are very professional quality drawings. CHAIRMAN STRAIN: Thank you. MR. YOVANOVICH: And we have -- I wish I had a green pencil to indicate what we want to do. Page 50 16 1 March 15,0 7 I We have worked with your -- briefly with your staff. And in this general vicinity of this loop road, we would like to provide a stabilized emergency access interconnection. It will be grassed, but it will be marked. And the fire departments will know that this is available for them to continue on and not have to use the cul -de -sac and go back. So there will be --it will be a green area, but it will be stabilized for the use of emergency vehicles. So it will loop. We do not want an -- we don't believe an interconnection is appropriate, so I think that resolves the safety concerns people had. And therefore, there really wouldn't need to be the arrow that says possible future interconnection, because I don't think that's necessary anymore with this proposed solution. So we'll do this in this general vicinity, as generally drawn. CHAIRMAN STRAIN: Okay, Mr. Murray, you had a comment? COMMISSIONER MURRAY: I just want to qualify the information. So I take it the cul -de -sac would be out and then there would be a curb. MR. YOVANOVICH: No, the cul -de -sac will stay. But there will be -- it will be marked. The fire department will know that if they somehow passed where they were supposed to be, they can continue on, use this stabilized area to get back to our road without having to use the cul -de -sac to go back. We will still have residents living there that will need to use the cul -de -sac to go back, and the fire vehicles could also use the cul -de -sac, if they chose to. COMMISSIONER MURRAY: How about on the more northern area there where the rec. facility will be replaced, if that's the way it's chosen? MR. YOVANOVICH: We don't think we're going to need to move the rec. facility under this scenario. But we're going to -- you know, these are all general locations anyway. There's the flexibility to move the parcel boundaries either way. COMMISSIONER MURRAY: You're seeing it as an emergency use only. MR. YOVANOVICH: Correct. And that was the issue, really, was emergency vehicles. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Rich, now the cul -de -sac can be built to LDC standards, not fire standards, so you can make a smaller one at that point. A reward. Tiny reward. MR. YOVANOVICH: It's the spoonful of sugar. CHAIRMAN STRAIN: Okay, we've had public speakers, we've had staff, we've had applicant. Is there any other questions at all before we close the public hearing? (No response.) CHAIRMAN STRAIN: Hearing none, we'll close the public hearing and entertain a motion which will have some stipulations eventually added to it. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'd like to make a motion for approval, pending the stipulations and the change in staff s recommendation for approval on the one deviation. COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Motion's been made and seconded. Now, for stipulations. If you all want, I'll read what I've written down and go from there. The first one is that we would accept the change to the PUD language with the addition of paragraph 6.9. The deviations are approved -- staff recommended approval for both deviations. We would concur with that, except the second deviation will be caveated only in the sense of the reference to this emergency access routing that was just proposed and accepted here today. There were some corrections noted on the table; one in which Mr. Schiffer suggested using the greater than sign to save the applicant a lot of problems in the future. And also the asterisk six for the Page 51 l6'1 l91 March 15, 2007 reference to the front setback and garages would be added. So all the side areas -- or all the front areas were noted. That they would not receive any certificates of occupancy until substantial completion of the following road segments: 951 -- or Vanderbilt Beach Road, between 951 and Livingston Road, Immokalee Road from 951 to I -75, and 951 from hmnokalee Road to Golden Gate Boulevard. That the paragraph (H) that was recommended would apply only if a clean environmental Phase 1 audit was not performed. And that the soil locations, should any be needed, have the concurrence of a professional geologist in regards to getting the locations. And that the fence and the wall as proposed by the applicant in the plans presented today is acceptable and will be incorporated into the PUD. And lastly, the loop road connection that we show here would be utilized for the purposes of emergency vehicles, with a hard under- surface and a grass topping. COMMISSIONER MURRAY: Mr. Chairman, just a quick -- CHAIRMAN STRAIN: Yes, sir, Mr. Murray. COMMISSIONER MURRAY: When it was first offered to me to visually see what Mr. Yovanovich had indicated to me what the drawing -- his view of it, he didn't stipulate it. Of course it would be for emergency conditions, but not -- he didn't restrict it to emergency vehicles. So that others could use that road to get out if there were an issue. I don't know how critical that is. CHAIRMAN STRAIN: Well, Mr. Murray, without having the adequate asphalt services and the underlayment and all the other any particulars that a road has, I'm not sure the county would ever approve such a use for public in a general nature. COMMISSIONER MURRAY: No, I'm saying for emergency uses. Wouldn't that be part of it? You said emergency vehicles only. CHAIRMAN STRAIN: Okay, emergency uses instead of emergency vehicles. I'm sorry. I wasn't understanding. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Yeah, emergency uses should be substituted for vehicles. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And I think you can note that it has to meet the fire lane requirements of the fire prevention code. That would give you the weight, the compaction and all the allowable stuff. CHAIRMAN STRAIN: And that roadway -- and the stipulation will include that the fire particulars needed to make that road usable by emergency -- for emergency uses will be adhered to. Okay, any other comments, stipulations? (No response.) CHAIRMAN STRAIN: Hearing none, we'll call for the vote. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONERADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. Page 52 161 lei March 15, 2007 COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9 -0. You guys went from a borderline to a positive, so -- MR. ARNOLD: Mr. Chairman, would you care to have your exhibit back? CHAIRMAN STRAIN: Yeah, that's -- I can't leave that. If you want to buy that from me later, you're more than welcome to. COMMISSIONER CARON: They want to show it around, what, are you kidding? COMMISSIONER SCHIFFER: Give it to the court reporter as part of the record, Mark. CHAIRMAN STRAIN: Everybody knows I'm kidding. Okay, old business. I don't have anything on the agenda. I don't know of any. Anybody else? Mr. Kolflat? COMMISSIONER KOLFLAT: Yeah, we had a petition named Fawzy, which was at -- they were going to dig out about 300,000 cubic yards of material. We heard it, and then it was continued. COMMISSIONER ADELSTEIN: I can't hear. COMMISSIONER KOLFLAT: We had a petition before us from Fawzy which consisted of excavating about 300,000 cubic yards of material for some kind of a fish pond. And then we put that aside and we continued it for a later time. Do we ever put any sunset time on the continuances? Because I've got several of these things, packets in my file, and I don't know how long to keep them or when we can destroy them, or if they're coming back. CHAIRMAN STRAIN: Well, first of all, I don't believe you can ever destroy public records. You have to turn them into the county or leave them here. Second of all, as far as that one, it was remanded back to the EAC for their review before it comes back to us again. So the -- it has to get scheduled and heard by the EAC, and then their recommendations on that project will come back to us. COMMISSIONER KOLFLAT: Do we ever follow up on these to see if there's one back a year and a half ago that were never brought back? CHAIRMAN STRAIN: Well, staff keeps track of the timing of these. And if there's any violations of the Land Development Code from a timing aspect, I'm sure staff will make sure they adhere to it. MR. BELLOWS: For the record, Ray Bellows. We do have a time limit for petitions to remain active. If they do not meet, I believe it's six months for a conditional use, and they're not proceeding to keep the project active, then staff will initiate a withdrawal process for it. It will be kicked out and they'll have to reapply again. COMMISSIONER KOLFLAT: I wasn't aware of that. Thank you, Ray. Item # 10 NEW BUSINESS CHAIRMAN STRAIN: Is there any new business? Okay, Ms. Caron? COMMISSIONER CARON: I just have a comment to make. We already discussed the marking things revised when they get sent out as revised. One of the things that we got this time around was a single sheet giving us the revised agenda. I would think with a single sheet of paper we could all get that electronically. I don't think DHL has to Page 53 `++ 1 9 1 k I M �� March 15, 2007 deliver to my house. MR. BELLOWS: I didn't realize you got a single sheet of paper. COMMISSIONER CARON: Yeah, it was a single sheet. MR. BELLOWS: That should not have happened. COMMISSIONER CARON: And that seems like an excessive use of -- COMMISSIONER ADELSTEIN: I don't know what the mail cost was, but boy, that's -- COMMISSIONER CARON: Putting our tax dollars at work. CHAIRMAN STRAIN: Any other new business? (No response.) Item #11 PUBLIC COMMENT CHAIRMAN STRAIN: Hearing none, there's certainly not any public comment, unless Jeffs got something he wants to say. With that, motion to adjourn? COMMISSIONER ADELSTEIN: So moved. you. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. We are adjourned. Thank There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:57 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 54 ar h 22, 00 TRANSCRIPT OF THE GROWTH MANAGEMENT PLAN AMENDMENT MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida March 22, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Community Development and Environmental Services Bldg; Room 609/610, 2800 North Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Mark Strain I:fII.Y�7�:7gI.� Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti Randy Cohen, Comprehensive Planning Dept. Director David Weeks, Comprehensive Planning Manager Marjorie Student - Stirling, Assistant County Attorney Page 1 16, IT March 22, 2007 CHAIRMAN STRAIN: Good morning everyone. Welcome to the March 22nd meeting of the Collier County Planning Commission. This is a continuation of the Growth Management Plan Amendment Cycle 2005. Please rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Would the secretary please take the roll call. COMMISSIONER CARON: Mr. Schiffer? 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? COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: Mr. Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Okay. Planning Commission absences? Whatever we do not finish today, we will hopefully continue until the 29th, which is next Thursday. If anybody knows they're not going to be here, please remind -- COMMISSIONER MURRAY: I just wanted to remind the Chair, I'll be leaving in the neighborhood of 3:30 today. COMMISSIONER ADELSTEIN: Also. COMMISSIONER VIGLIOTTI: I'm leaving about 5:00, quarter to 5:00. CHAIRMAN STRAIN: Okay. Still have a quorum. While we're on the subject then, as far as the commission goes, what do you see as a finish time today? Anybody have any preferences? COMMISSIONER TUFF: I need to be out of here by 5:00. CHAIRMAN STRAIN: That would leave us four short, so I guess 5:00 will be the cut -off. Regarding the agenda, we were going to go in order, unless there's an overwhelming amount of public here for any particular item. And I think about midmorning well seek out that answer and see if a lot of people are showing up for any other item later in the day. The first two items will be 2006 -04, 2005 -07. I received a notice from the applicant as well as from staff that 2005 -08 has been withdrawn. That is the Michael Bosi issue on the -- well, I've got mine -- I've got an old -- which one is that, David? What was the title on the one that was withdrawn, the letter from Kate English; do you recall? MR. WEEKS: For the record, David Weeks, Planning Manager, Comprehensive Planning Department. That was for a petition in the rural fringe mixed use district designated as sending lands, located north of Immokalee Road near its intersection with Collier Boulevard. CP- 2005 -10 — Continued to March 29, 2007 CHAIRMAN STRAIN: Thank you. I also had two applicants contact me and ask to be continued till the 29th. I suggested to them that Page 2 101 18� March 22, 2007 they come here this morning and discuss that with us so we can make a decision on it. Their circumstances are a little different than others that have asked to be continued. I don't think there's any public in attendance in regard to these two issues, and I guess we need to see that. The two that have asked, I'd like to briefly ask that each applicant come forward and request a continuance and we could make a decision on that. We could see also if there's any public here concerning those two issues. The first one that was requesting a continuance is 2005 -10, and that one is for a change in the -- for the Naples Big Cypress Commerce Center Sub - district for an additional 88,000 square feet in C -4 and C -5 along the U.S. 41 East. Mr. White, are you representing the applicant? MR. WHITE: Yes, Mr. Chairman. Good morning. Patrick White, with the law firm of Porter, Write, Morris and Arthur representing Basik Development, LLC, on application CP- 2005 -10. I was retained late Monday on this matter, and have done my best to get up to speed on it, but believe that in order to make a competent and full presentation in response to the issues in the staff report and to best apprise this Planning Commission of all of the relevant factors for their consideration, that an extra week of time would greatly assist in being able to do so. And I respectfully and humbly ask for a continuance till next week, if we could, please. CHAIRMAN STRAIN: Is there any members of the public here who are going to speak in opposition or in favor of this particular application? (No response.) CHAIRMAN STRAIN: Okay, any comments or concerns from the Planning Commission? (No response.) CHAIRMAN STRAIN: Okay, is there a motion? COMMISSIONER MURRAY: Move to continue. COMMISSIONER ADELSTEIN: Move -- CHAIRMAN STRAIN: Mr. Murray moved to continue, Mr. Adelstein seconded. All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MR. WHITE: Thank you very much. CP- 2005 -11 — Continued to March 29 2007 CHAIRMAN STRAIN: Okay, the next applicant that had requested a continuance was for CP- 2005 -11, and that was for the rural fringe mixed use district receiving lands to rural industrial district for approximately 500,000 square feet on the U.S. Tamiami Trail East. Page 3 1h' 1 T March 22, 2007 And Mr. Ferguson, you represent the applicant. MR. FERGUSON: Morning, Mr. Chairman, members of the board. There seems to be a little bit of confusion as to what may or may not have been in your packet as far as some information that might have been included concerning a sand -mine that was previously planned on the site. And we don't intend to go forward with it at all. I don't want any confusion. Plus there were a couple other issues that we wanted to iron out before we went before the board, so I'm requesting a continuance. CHAIRMAN STRAIN: Yes. And Mr. Ferguson, I'm glad you reminded me about that sand mine. I was the one that had brought that up to you in a discussion. The environmental impact statement that was attached to my copy of this particular amendment request had an analysis done from an environmental perspective, and it showed a burrows pit on the property. And I think my question to you had been at the time I met you was what is it you're doing, a storage area, industrial area or burrows pit, and you were a little surprised I even knew about the burrows pit. And I wanted confirmation from staff that the information concerning the burrows pit is or is not relevant. And if it's not relevant, do we have a new EIS that was supplied that is relevant to the actual site they're building? Because there's huge differences between the two. That would be for -- the staff is the one that gave me the document. I'm asking staff if -- what document we're supposed to have. Because this doesn't appear to be the one the applicant -- MR. COHEN: Commissioner, for the record, Randy Cohen. I would defer to the applicant and the petitioner with respect to what the latest EIS is. If that is the latest EIS that was submitted and is part of your packet, I'd like to know. MR. FERGUSON: It was not the latest EIS that was submitted. We were required to do a new EIS, which we did. If we could respectfully continue the matter so we could straighten this out. CHAIRMAN STRAIN: Well, and I think the continuance is certainly warranted, because we have to have the right document to evaluate. The current EIS that I've got and maybe the rest of this commission has certainly is not taking into consideration your current plan, even in the slightest way. So with that, I certainly would like to see a continuance provided, and that between sometime early -- we have to have the right documents or we're going to have a problem on the 29th as well. MR. COHEN: We'll straighten this out today. And Commissioner, just for the record, and I do want to point this out, there was reference made that that was not the latest EIS that was submitted. It was. And I just spoke with a staff member. So there has been some confusion with this item. Obviously the latest EIS was not submitted, and we understand that there's some confusion with respect to the matter, and we will support continuance. CHAIRMAN STRAIN: Okay. And Mr. Cohen, we need to get this material by -- rather quickly so we have time to review it before next Thursday. If for some reason that is delayed, I know we have other dates in April we could possibly move this to, or at the tail end of one of our regular meetings. MR. COHEN: Yes, sir. And we don't have it at hand, so when the petitioner provides it, we will provide it to you immediately. CHAIRMAN STRAIN: Okay. MR. COHEN: Thank you. CHAIRMAN STRAIN: With what, is there a motion to continue? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER TUFF: Second. Page 4 Mch 221A CHAIRMAN STRAIN: Second by Commissioner Tuff. Mr. Weeks? MR. WEEKS: Was there a date specified? CHAIRMAN STRAIN: Next Thursday, the 29th, at this time. And if we have to continue it again, we will do so. All those in favor of the motion, signify by saying aye. COMMISSIONERKOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLI0TTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. (At which time, Commissioner Midney enters the room.) CHAIRMAN STRAIN: Thank you. Let the record show that Mr. Midney is here. Okay, we need to -- I have a couple points for the record. Last night Mr. -- Corby? Last night I reviewed my e -mail at my county site, and there was an e -mail from a resident who was opposed to CP- 2005 -10 and CP- 2005 -11. I asked -- I sent that e -mail to you and to Mr. Weeks, suggesting that you copy the e -mail to the Planning Commission. Obviously since these are continued, as long as we receive it before next Thursday, I'd like to get it on the record that I think Tabitha and Stephen Stadler wrote the objection. MR. SCHMIDT: We have those for you at this time. CHAIRMAN STRAIN: Okay. And with those housekeeping matters back in line, we'll move on to the -- oh, one other item. I don't know who set this device up with the intention of using a screen behind us and having us possibly relocate, but we are not going to be relocating and that screen will not be used. So I don't know how this factors into today's meeting, but it's rather inconvenient for this panel to have to move and shift around when we have only one section exit. We won't be doing so today. CP- 2006 -4 — Continued to March 29, 2007 With that, we'll go into Petition 2006 -4, as soon as I find it on my sheet. It's a petition requesting an amendment to the Golden Gate Area Master Plan for a conditional use consideration and a site on hnrnokalee Road and Oaks. All those wishing to testify on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Mr. Arnold, it's all yours. MR. ARNOLD: Thank you. Mr. Corby Schmidt just mentioned to me that staff had a comment relative to this item, so it might be more appropriate to hear from them first and then we can respond. CHAIRMAN STRAIN: Okay, Mr. Schmidt? Page 5 U0 22, x AI MR. SCHMIDT: Thank you, Mr. Chairman. New information was given to staff -- CHAIRMAN STRAIN: You've got to pull the speaker closer to you, sir. MR. SCHMIDT: Staff received new information regarding 06 -04. During the last week I believe it was provided -- CHAIRMAN STRAIN: You're going to need that closer to you yet. I know she can't probably hear you, because I can't. MR. SCHMITT: All right. A little better? Staff is still reviewing that information and has yet to make a decision as to whether the staff recommendation may be changed or not. And I believe that was part of the reason it was continued from last time. And so staff requests that this be continued until -- CHAIRMAN STRAIN: Staffs requesting the continuance? Mr. Schmitt, she's still having a hard time picking your voice up. And I hate to keep -- these speakers are a little different than we're used to. You're going to need to pull it real close to you to speak. Well, that's different, staffs requesting at this time instead of the applicant. What's your -- Mr. Arnold, do you have any comments? MR. ARNOLD: Well, just to say that we did meet with David Weeks and Corby Schmidt last week. We provided some additional data and analysis to them a couple of days later. And I think that information was transmitted to you all, so you have it. We're ready to go today. I think we have a strong case to make. If it's going to make a difference in staff recommendation, as you've heard -- this is the item last time in where we had a favorable recommendation in staff report. Staff changed that recommendation and said that it had been an error to recommend transmittal. We continued. We met with them, and I didn't get the impression that based on our discussion that they were willing to change the recommendation, but we were willing to push forward. And we provided some additional data and analysis to demonstrate that we did review other sites and that there weren't an unlimited number of sites available, and that we have unique circumstances in working with transportation staff with a bypass road for Oaks Boulevard. I don't want to jeopardize potentially having you all make a positive recommendation here and overruling staff, but I also would hate to continue it if staff doesn't feel like there is a potential to change the recommendation. I'd rather move forward today. CHAIRMAN STRAIN: Well, do you have an objection if this board provided the continuance staff is requesting? REVEREND WICKER: We don't have an objection. CHAIRMAN STRAIN: You can't answer off the record. You're going to have to respond to me. MR. ARNOLD: Reverend Wicker indicates that we don't have a problem in continuing to the 29th. CHAIRMAN STRAIN: Okay. When applicants have come forward, we've tried to work with them as best possible to allow continuances. We're required -- and we ought to do the same thing for staff. In that manner, the question that I have been asking on continuances, is there any member from the public here wishing to speak on this item? This is the Oaks Boulevard and Immokalee Road item. (No response.) CHAIRMAN STRAIN: Because I'd certainly -- if there was a member from the public here, it would weigh in on whether a continuance would be granted or not, at least in my mind. So, Mr. Murray? COMMISSIONER MURRAY: Without going into too much detail, I'd like to at least have an inkling of why staff would like to continue this. am % 161 M March 22, 2007 CHAIRMAN STRAIN: You need to move the speaker closer to you. These are harder to use than the -- COMMISSIONER MURRAY: Can you hear me now properly? I'd just like to have an inkling of what it is that -- because it seems fairly clear -cut, but perhaps there's something I've missed, and I'd like to know. MR. COHEN: Yeah, Mr. Murray, for the record, Randy Cohen, Comprehensive Planning Department Director. As Mr. Arnold indicated, the petitioner met with our staff, supplied additional information. As is the case with any data and analysis with respect to our staff before us, it takes a certain amount of time in order to analyze the data and analysis to determine whether or not the staff report and the recommendation would change. We have not had ample time to do so and we would like to do that prior to providing you with a recommendation, not only for your benefit but as well as for the applicant as well. COMMISSIONER MURRAY: Thank you, Mr. Cohen. MR. COHEN: You're welcome. CHAIRMAN STRAIN: Out of fairness to staff, I would certainly think we ought to provide the continuance. Is there a motion for such? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Commissioner Vigliotti seconded the motion. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Motion carries. Item 2006 -4 is also continued to the 29th. COMMISSIONER MURRAY: We're not going to have much to do today. CHAIRMAN STRAIN: Unfortunately, Mr. Murray, I think some of these others may get rather involved. So just so everybody's aware, this will move all the others on the agenda up earlier, so most likely there's going to be items on today's agenda that some people may have thought wouldn't have come up till the 29th, including the Petition 14 and Petition 15. So for those staff members who are involved in those, you may want to keep close watch on this meeting. The next item on the agenda, for as long as it stays on the agenda, is CP- 2005 -7. It's a petition to increase a commercial district from 40,000 to 70,000 square feet at the intersection of Pine Ridge Road and Livingston Road. Page 7 arc 22, 21 MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: Pardon the interruption. Because we're dealing with all the continuances now, it would seem appropriate to try to wrap those up before we actually get into the petitions. CP- 2005 -13 — Continued to March 29, 2007 CHAIRMAN STRAIN: You have another continuance? MR. WEEKS: Yes, sir, there is. Petition CP- 05 -13, which is located on the east side of Collier Boulevard. It's the site of the First Assembly of God Ministries PUD. CHAIRMAN STRAIN: When are you looking to continue that to? Or who is the applicant for that? Bob Duane, I think is representing that -- MR. WEEKS: The agent is -- yes, sir, it's Bob Duane. CHAIRMAN STRAIN: Who's requesting the continuance? MR. WEEKS: Staff. And we have a hand -out, a new staff report to replace the one you were previously provided, which Corby will distribute to you now. And our request will be for one week continuance to the 29th. CHAIRMAN STRAIN: Is the applicant here? (No response.) CHAIRMAN STRAIN: No. So they're not going to be objecting. MR. WEEKS: They were certainly aware of it, Commissioner. CHAIRMAN STRAIN: Well, I just want to make sure out of fairness that both sides got to voice their concerns. Okay, there's a motion -- there's a request to continue this particular item until the 29th. Is there any comments from the Planning Commission? (No response.) CHAIRMAN STRAIN: If not, is there a recommendation? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Seconded by Commissioner Murray. Are those both the voices I heard? All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay, now 13 is continued to the 29th. So it looks like the 29th may be a busier day than today. 161 10 March 22, 2007 With that, is there any other surprises, Mr. Weeks? MR. WEEKS: I hope not. CP- 2005 -07 CHAIRMAN STRAIN: Let's hope Mr. Mulhere doesn't surprise us with something. Bob, it's all yours -- oh, those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) MR. MULHERE: Good morning. For the record, Bob Mulhere, here on behalf of the applicant. This, as Mr. Strain indicated, is a request to increase the allowable square footage on the subject property from -- within the comprehensive plan from 40,000 square feet to 70,000 square feet and to allow up to 20,000 square feet of that to be retail. Give you a little bit of background. The subject property is within the Livingston/Pine Ridge commercial infill sub - district. Was approved in 2001. It's located on the north -- I have an exhibit there. I don't know how well you can see that, but there should be one in your packet as well, an aerial. It's on the northwest corner of Livingston and Pine Ridge Road. Somewhat of a unique piece of property. Access is quite limited. I had met early on with transportation staff Nick Casalanguida -- who I don't see here this morning -- and understood from my meetings with him that the access would be limited to potentially two right - in/right -outs along Livingston Road. The property is long and narrow. It has relatively short frontage on Pine Ridge Road. And we understood that limitation. There is presently a nursery on the site under -- the conditional use under the ag. zoning. And there is presently an access point on Pine Ridge Road which would not remain open, at least according to my discussions with Nick Casalanguida, and we understood that as well. What he did offer was the possibility of access -- of a shared access with the property immediately adjacent to the west, if we can negotiate such. And you may be aware that the LDC was recently amended to actually require shared access between adjacent properties. And that would be something that obviously we have not yet approached but would approach the adjacent property for shared access, which would make sense obviously to everybody, and would improve access to the site. The site is constrained by a -- the FP &L power line easement. Fairly significant constraint on the property. More than six acres of the property is constrained by that. And in reviewing the original approval minutes from 2001 staff report, I believe that that was at least a significant portion of the reason for the original cap of 40,000 square feet. Also in reviewing the minutes I don t think that the -- and this is a different property owner now than was the applicant in 2001. I don't think that there was any specific analysis done on the property to develop an appropriate cap. There again, Livingston Road wasn't constructed north at that point in time. It was in the planning stages but hadn't been constructed. You have now a fully functional six -lane arterial abutting the property, Livingston Road to the east, and then to the south of course Pine Ridge Road. You have this FP &L power line easement running along the west portion of the property. To the north is non- residential uses, Community School. There's the dance studio immediately adjacent to the west. And so the property is pretty well isolated. There's really, I don't think, any question of compatibility or appropriateness of the commercial use. And I don't think staff -- obviously it already allows for 40,000 square feet of office and medical office. What we did when the property owner came to us and requested that we look at this property, because the feeling was that that 40,000 square feet was somewhat arbitrary, the cap, and that there was the 5M tU22,07 potential to actually have additional intensity on the site. We actually prepared a couple of conceptual site plans. And depending on what the ultimate use of the property is, you could achieve closer to 70,000 square feet if you went in for all office, which has a lower parking ratio. The sub - district allows three stories and 50 feet of height, which would allow for parking under the buildings, if you designed them in that fashion. Now, we have successfully negotiated with FP &L in the past. And again, this is an easement. The applicant is the underlying owner of the FP &L easement. And FP &L is willing to allow some utilization of that easement. We haven't had any formal discussions with them. I say that in other examples where we have negotiated with FP &L. I do not believe that they will allow any required number of parking to be placed within that easement. All of the required parking has to be in the four or so acres that are not subject to that easement. But they have in the past and in other circumstances allowed landscape buffers and water management to be located within the easement. One of the conceptual site plans that we prepared assumed that we could locate a significant portion of the water management as well as the landscape buffer within the FP &L easement, which allows for more developable area on the remaining slightly larger than four -acre portion of the site. With the allowable height and that circumstance, we were able to -- and this was just very conceptual, but we were able to provide the parking and all the other requirements on the site and have approximately 70,000 square feet of office. Now, as I indicated, we were also asking for some additional flexibility so that if -- so that we might be able to utilize some retail uses on the site. If that is the case, you have a greater parking intensity requirement. And depending on what those retail uses are, such as a restaurant which has a significantly higher parking ratio, the amount of square footage that you could locate on the site is significantly reduced. You drop down to about 45 or 50,000 square feet, depending on the mixture of uses. This is a comprehensive plan designation, and all we're asking for is the flexibility to design the site so that the owner can place on the site the amount of square footage that is appropriate, and have some flexibility in the uses. We're not arguing about the access, which is limited. And by the way, it's my professional opinion that that limited access also limits the kinds of retail uses that you're likely to see on that site. I don't believe you're going to see a drug store, I don't believe you're going to see a fast food restaurant. There were some concerns expressed during the 2001 hearing about fast food uses. And in fact we're not unwilling to restrict that use, if that is acceptable. Although I would suggest that the appropriate time to deal with those issues and the appropriate time to actually determine what the square footage should be is at the stage of the rezone. That's also the appropriate time to put any further access restrictions on the site. I think it's a relatively simple and relatively inconsequential request. It seems that there would be no appropriate reason to limit the square footage on this site if in fact the site can be designed to reasonably accommodate 60, 65 or 70,000 square feet of office. If you look at the language in the plan for this district, it reads, the intent of the Livingston/Pine Ridge commercial infill sub - district is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. Sub - district is intended to be compatible with the neighboring commercial public use and high density residential properties and will utilize well planned access points to improve current and fixture traffic flows in the area. There's nothing that we're requesting that is in conflict with that. In initial meetings with staff, we talked about coming in and asking for actually a higher amount of Page 10 0 Hk March 22, 2007 square footage. We reduced it in our application after we conducted those conceptual planning exercises and realized that there really was no way that we could exceed 70,000 square feet, even in the optimal condition. The application was submitted approximately two years ago. We received a staff report about a week prior to your last hearing, at which point we realized that staff was not recommending to transmit. I subsequently contacted staff to try to get a little bit more understanding as to why their recommendation was not to transmit. And staff can certainly correct me, but it's my understanding that the basis of that recommendation is more so the fact that the Board of County Commissioners had already placed a 40,000 square foot cap on this, and maybe it was staffs opinion that we didn't justify the increase that we are requesting. I don't believe that it was strictly from the market analysis that was submitted, again, more than two years ago, best market analysis that Chuck Mohlke could do two years ago. Didn't get any request to update it. Chuck Mohlke unfortunately had an emergency meeting in Everglades City with DCA and was unable to attend. I'm not sure that I'm the best person to answer any questions that you will have, but I'll certainly try to if you do, relative to the market study. I think that concludes my presentation. Reed Jarvi is here if there are any questions of the -- oh, there's Nick. Nick, did you hear what I said earlier? MR. CASALANGUIDA: Yes. MR. MULHERE: You did. Would you agree with what I said? MR. CASALANGUIDA: It -- CHAIRMAN STRAIN: Nick, you've got to be on record. I appreciate that you had to be late. It's a long distance from your office to here and the traffic is pretty bad. MR. MULHERE: Maybe I could just quickly reiterate, that the reason I think this is important is early on I had met with Nick and Nick had suggested that the access to the site would be limited to either one or two right -in and right -out on Livingston Road. There's presently a right -in on Pine Ridge that's supposedly I think just as sort of a secondary ingress and egress, and that that would not remain in place, and we understood that: Nick had suggested that we work with the adjacent property owner to try to get a shared right - in/right -out, because they already have access. And we would pursue that at the zoning stages. There's no sense in pursuing it until after the comp. plan is approved. And as I said before, I think the code now actually requires or strongly encourages such interconnection. So that interconnection would significantly improve the access to the site. We don't know if we'll get it. We're certainly going to try. In fact, I think transportation even suggested that they will work with us in that respect if they could assist. Thank you. CHAIRMAN STRAIN: Okay, thank you. Are there questions of the applicant? (No response.) CHAIRMAN STRAIN: Well, Bob, I have a few, if nobody else does. On Page 2, and this is of the staff report, but I think you can answer it for me. MR. MULHERE: Okay. CHAIRMAN STRAIN: There's a little description of the project and it shows two quadrants checkered in. One is the one you're talking about and the other is the southeast quadrant. I don't know why that was listed as the sub - district. Is it part of the sub - district in question? MR. MULHERE: Yes. Well, the sub - district covers both of those quadrants, yes. CHAIRMAN STRAIN: Why doesn't it cover the northeast and the southwest then? Page 11 Jh122, 1P MR. MULHERE: Well, I would say the southwest is a residential development and wouldn't allow for commercial development. I'm not sure why. It may have been timing on the northeast quadrant that -- either it was timing or they simply didn't request for that designation. But David could probably better answer that. But that's the Cambridge Square PUD, which does allow for commercial uses. CHAIRMAN STRAIN: Mr. Weeks, can you shed some light on that? MR. WEEKS: Certainly. The southwest quadrant was where this sub - district was initially created, and it was via private amendment. That was all that was requested by the petitioner. And then a subsequent petitioner came in and requested the northwest quadrant be added. CHAIRMAN STRAIN: How about the northeast, it just wasn't requested to be part of this sub- district? MR. WEEKS: That's correct. And in fact is a separate privately initiated sub - district. CHAIRMAN STRAIN: Do you know what the square footage is allowed, gross, on the other quadrants right now for commercial and retail, of any former commercial office and retail, and how that compares overall to an activity -- other activity centers in the county in regards to total square footage available? MR. WEEKS: Not offhand, but I think we can get that in a few minutes. CHAIRMAN STRAIN: Okay. That would be helpful to understand the magnitude of this compared to others. MR. MULHERE: I know what they're approved for. I don't have that right at my disposal what the comprehensive -- the max that the comprehensive plan would allow. I can tell you what they're approved for. CHAIRMAN STRAIN: You're asking for more square footage in your area. I just was curious to see if when that total four comers is built out, is it going to be in excess of what we have other activity centers in the county, or is it within or below those activity centers? MR. MULHERE: Mr. Strain, it's significantly below. Activity centers in general allow for 40 acres in each quadrant. In this case you have one quadrant that has no commercial allowance and that's the south CHAIRMAN STRAIN: Southwest. MR. MULHERE: Yes, southwest quadrant. And in the subject -- where the subject property is within that quadrant, the commercial node is only on that 10.4 -acre property. But you do have some other commercial use that were allowed through conditional use immediately to our west. The dance studio, and I think there's a gymnastics studio -- or gymnastics use as well further to the west. Those are relatively minor. There's not a great deal of square footage there. I have the -- the Bald Ridge PUD is 10.8 acres, allowing 125,000 square feet. And Cambridge Square, according to the most recent -- this is the February 23rd, 2007 PUD spreadsheet I downloaded last night off the county's website. Cambridge Square is 13.6 acres, allowing a maximum of 115,000 square feet. CHAIRMAN STRAIN: So Bald Ridge is a little over 10 acres and it's 125,000 square feet. MR. MULHERE: Correct. CHAIRMAN STRAIN: Cambridge Square is 13.6 and it's 115,000 square feet, and yours is -- MR. MULHERE: Ours is 10.7 acres. CHAIRMAN STRAIN: 10.47. MR. MULHERE: 10.47 acres. Page 12 161 , March 22,0 CHAIRMAN STRAIN: And you're looking at 70,000 square feet. MR. MULHERE: Correct. CHAIRMAN STRAIN: Okay. That's what I was trying to understand. You also said something during your discussion that you thought transportation staff supported or didn't have a problem with what you're saying? And I've got the staff report. And the transportation staff says -- and I'm going to need some clarification. Transportation staff does not recommend additional intensity at this site with the limited access available to the property. Nick was nodding his head in agreement with you, so I'm curious now as to what that statement means in comparison to the comments made. MR. MULHERE: Well, I'll defer to Nick, but I would suggest that that kind of recommendation to me really should wait until we get in here for the rezone. It may in fact be a lower number than what we're asking for, based on the traffic conditions at the time we come in. But we're understanding that we're only going to get one or two right -in and right -out, which is going to severely limit any kind of retail. But you might have a bank, a lobby, an office building. CHAIRMAN STRAIN: I don't disagree with your contention that this should wait until another time when we're looking at a more finite site plan, but you introduced the subject, so -- MR. MULHERE: Yes, I did. CHAIRMAN STRAIN: -- I need clarification. MR. MULHERE: Nick probably forgot he talked to me. It was pretty favorable at one point. CHAIRMAN STRAIN: Nick, were you swom in? MR. CASALANGUIDA: No, sir, I was not. CHAIRMAN STRAIN: Madam Court Reporter. (Speaker was duly sworn.) MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation Planner. We did meet with Mr. Mulhere on several occasions discussing access. And when we received the traffic study from Mr. Jarvi, we reviewed that as well, too. With respect to capacity on Pine Ridge and Livingston, there is adequate capacity in the five -year planning period. And our comments in our review talked about the interchange opening up and volume dropping; and we've seen that. So as far as capacity is concerned, it's consistent with policy 5.1. Where we have a problem -- and even when we met with Mr. Mulhere, there was a problem at that time -- was circulation. You have a project at the corner that has limited access right- in/right -out. We're having problems at Whippoorwill and Pine Ridge for the same reasons. U -turns, people going different directions can't make turns easily. So when you add additional intensity at a corner like that with limited access, they have to make U -turns at intersections or downstream at median openings and things like that. So those things can be addressed at PUD. And we did in our comments discuss the fact that they could do certain things as far as intelligent traffic management systems, TCMA strategies, TDMs. We're cautiously in a position where we say it meets 5. 1, but additional volumes making U -turns and circulation issues have us concerned. So I don't know if it's a recommendation of denial or approval. It's just these are our concerns, and we're expressing our concerns to this commission as well, too. CHAIRMAN STRAIN: Thank you. Yes, sir, Mr. Midney? COMMISSIONER MIDNEY: On Page 4 of the staff report you say that we anticipate background traffic will be reduced by the I -75 /Golden Gate Parkway interchange. But my question is how much and how can you -- we need to quantify it, don't we? MR. CASALANGUIDA: Sure. The initial numbers coming back, even just the first week it was open, was five to six percent, and that's just day one, the day after coming out. And we expect anywhere Page 13 1aU 22, 1041 from 10 to 15 percent, as people start to understand that that interchange is open and functioning. So even with the five percent reduction, you have capacity. And as it becomes more widely known that it's open, we do expect it to probably drop to 10 percent. And that 10 percent more localized to that first link, which is that Livingston to the I -75 interchange, obviously drops off the farther you get away, that reduction. So I don't see capacity is a problem, it's more of a traffic circulation problem. COMMISSIONER MIDNEY: Well, you say that there's overcapacity on Pine Ridge Road, meaning it's overburdened now. By what percent is it overburdened? MR. CASALANGUIDA: Off the top of my head, probably in the low single digits, three to five percent. It just went overcapacity right now. It might even be less than that. But keep in mind that was before the interchange opened up. COMMISSIONER MIDNEY: Well, what about the increase in traffic from other things, general development in the area which continues growing and will continue to grow? MR. CASALANGUIDA: Even if I grow background traffic five years, which is required as part of 5. 1, with that 10 percent reduction that we anticipated we do in a planning sort of analysis, you will have capacity on that segment. So it's not a capacity issue, it's more of a circulation issue that we're concerned with. MR. MULHERE: If I could just add, we understand that the access is limited, and that's going to have a direct impact on what types of uses might ultimately go through this site. But we are anticipating working with both the property owner to the west which, you know, Nick suggested and I think is an excellent idea and would help a lot, as well as negotiating with the property owners to the north because there is an access road that comes in to service the Community School and other uses in that location. Now, I'm not suggesting that we know the answer to those questions. We haven't even talked to them. But obviously that's something we're going to deal with as we move forward after this process. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: This is more for Nick, I suppose. On every corner property on a busy road, would you not have a circulation problem potential? MR. CASALANGUIDA: You do. COMMISSIONER MURRAY: So that's part of it or its inherent, and the planning for the use of property on busy roads that are at intersections. So in other words, what I'm trying to find out is it's not necessarily -- it's an impediment but not to foreclose it from use. MR. CASALANGUIDA: No. And I guess to follow up on that as well, too, I think you have in your TIS guidelines the ability to offer restrictions if there's a failing movement when they come in at that phase. So there is a safety valve, per se, if you were to let this go forward in the winter zoning and we were more detailed. And then as I had a discussion with Commissioner Caron, that level of review gets more stringent the more you get to that actual site development, development order stage. That if there was a failing movement you could restrict them based on that. So you've got things in place. Again, our concern is Livingston Road is your premier north -south facility in that area. And so we're just cautious at that intersection and we want to keep that north -south movement working well. COMMISSIONER MURRAY: And we thank you for that. CHAIRMAN STRAIN: Nick, by the way, I'm glad that interchange opened at Golden Gate Parkway. It has -- I actually drive 951, which is nowhere near these intersections, but even coming down 951 now is a lot better than it was. So it has helped in that area. Did you have a question, Ms. Caron? Page 14 161 M March 22, 2007 COMMISSIONER CARON: Yeah, for Nick. Nick, right now this property is limited to general and medical office uses. Doesn't that help you with your transportation issues that it is office as opposed to retail? MR. CASALANGUIDA: There's no pass -by with office, so you're going to get a higher a.m. and p.m. concentrated with, say, office as opposed to retail. Depending on what they put in you may have the opportunity for, say, a bank or, say, a CVS, which you're getting people that's convenience traffic and it's more spread out during the day, maybe not as concentrated as much. Without knowing the actual specific uses, I couldn't give you the definitive answer. But office as opposed to retail/office is set trip numbers and set times of day typically. A.m. concentrate -- COMMISSIONER CARON: Understood. MR. CASALANGUIDA: -- and p.m. concentrate. So there's an offset, depending on how you look at it. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTL• Nick, you feel confident that if this is approved today, when they come back to you you'll have sufficient control of the situation so you could do what needs to be done at that point? MR. CASALANGUIDA: I think so. With the TIS guidelines, if there's a failing movement, it's pretty clear that you can say no to them and they have to do certain things to make things better. So you have sufficient control. And as we were talking about it with Mr. Mulhere, our biggest thing is to try and get them to coordinate with the projects next door. If we start cleaning up these driveways and get access to be more unified as opposed to -- you know, the driveways I think are only 50 feet apart, but that's a problem. COMMISSIONER VIGLIOTTI: So you will be involved in that? MR. CASALANGUIDA: Absolutely. COMMISSIONER VIGLIOTTI: Thank you. COMMISSIONER CARON: But you can't require those people -- MR. CASALANGUIDA: No, not the abutting neighbors. COMMISSIONER CARON: That's right. MR. CASALANGUIDA: I can require Bob to do that. So it's up to the abutting neighbors. And the thought is if this was approved, I would ask that he stub out to the property line. And I would imagine that site, maybe not one year, five years out, will be redeveloped. And at that point in time you can require them to connect, too. It's a long process, but at least we're trying to do that with all projects right now. MR. MULHERE: If I could add, I -- and we haven't talked to them, but in general there is a benefit to that use as well, because their primary utilization is going -- is typically not the same time that this site's primary utilization would be. Evenings and weekends for that use. So if we open up an interconnection, they get to utilize our parking, they get access to Livingston and we get access to Pine Ridge. It's still going to be right - in/right -out in all conditions. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Mr. Mulhere, I have still a few more. MR. MULHERE: Yes, sir. CHAIRMAN STRAIN: You provided a narrative as backup Exhibit B. In the backup in one of the paragraphs, second to the last on Page 2 you started talking about the constraints of the geometry of the parcel. MR. MULHERE: Yes. Page 15 16� March 22 0 7 CHAIRMAN STRAIN: You said even with these constraints, given the current height limitation of 50 feet, as much as 70,000 square feet of office space can be located on the build -able portion of the site. MR. MULHERE: Yes. CHAIRMAN STRAIN: If the mixture includes medical office or retail, the overall intensity is reduced. MR. MULHERE: Correct. CHAIRMAN STRAIN: So you're saying retail reduces the intensity when it -- if it was -- compared to all offices? MR. MULHERE: You know, that's a good question. I guess I probably should have said the maximum achievable square footage is reduced. Your question is good. The reason that it's reduced is because medical office has a higher parking ratio and retail has a higher parking ratio. So as a result you simply cant get the parking spaces on there. And then the 70,000 starts to fall down as the mixture of uses -- of more intense uses is provided for. And so you're right, that probably doesn't read exactly correctly. CHAIRMAN STRAIN: I understand it better now, but I didn't by the first reading. I notice Reed must have done your traffic statement, since it's Vanasse and Daylor. MR. MULHERE: He did. CHAIRMAN STRAIN: I had a couple of questions from that, since the applicant's up for discussion right now. And one of the comments in the traffic statement says that -- in the introduction it says that up to three accesses are contemplated for the site, consisting of two right -in and right -out accesses on Livingston and one right - in/right -out on Pine Ridge. Obviously that may not come to be reality. What kind of an impact will that have on the TIS that was prepared for this GMP amendment? MR. JARVI: For the record, Reed Jarvi from Vanasse- Daylor. When we initially did the TIS, as you can see, almost two years ago, that was one of the planned -- or the initial plan was to have access similar to what's there now, which is the two right - in/right -outs on Livingston and the one on Pine Ridge. So we replicated that on our TIS. However, if the accesses are reduced to, say, one on Livingston Road, it really won't change the traffic impacts to the surrounding network. It would change that -- access numbers on that particular right in/right out. If the access on Pine Ridge Road is not allowed or we can't get a joint access, for instance, it really wouldn't change much, because the right in/right out characteristic of anything going on in or out of Livingston Road could -- would go to the Pine Ridge, take a right, which would be the same egress. So the -- actually it would be about the same impacts. But I think there wouldn't be any significant changes to the network at this point. It would obviously be differences to the access points, you know, if you go from one to -- excuse me, three to one, you're going to have three times as much at that particular access. CHAIRMAN STRAIN: Okay. On Page 3 of your report, you indicated an ADT using a mixture of office, medical and retail of 3320. You may have had it inhere and I just may not have remembered where. What is the current ADT using the 40,000 square feet with a mixture that would be comparable in regards to what was allowed there under the 40,000? MR. JARVI: I don't have it, but the 40,000 would be medical and general. MR. MULHERE: Yes. MR. JARVI: So you could take the medical and general portion of that and add them together, basically. You got 3,000 -- I'm sorry, I'm doing it the wrong way. You've got about probably just shy of Page 16 161 1 B� March 22, 2007 1,000. If you could do 40,000 -- if you could do it all as medical, you could get double this number and get 1,200. Somewhere around 1,000. Roughly a third of what this could be. CHAIRMAN STRAIN: Okay. And the last question is on Page 10, the last sentence of your paragraph before improvement analysis, it says, the existing Pine Ridge Road access is too close to Livingston Road and other neighboring accesses to meet a literal interpretation of the criteria, although 14 -97 allows closer spacing due to site conditions, subject to certain restrictions. I don't know what 14 -97 is. And that seems contrary to what I just heard from everybody talking about the spacing of these openings. Can you clarify? MR. JARVL• Yes. Actually, the reference there is wrong. That's the DOT access spacing -- FDOT access spacing guidelines, which is not dissimilar to the Collier County one, but is different. And there is allowance for certain corner properties that don't have other access, that you can have less than optimal access spacing. So there is an allowance for that. It's a discussion item that would have to come on with transportation. But, you know, since -- or subsequent to the writing of this report, we've found that -- discussions with Nick, as Bob has talked about -- is that probably no access on Pine Ridge Road unless it is a joint access. CHAIRMAN STRAIN: Okay. My question there is a lot of times people will read these rules written in -- whether that's a code or whatever it is with FDOT, and they hire attorneys to make sure that they're enforcing that code as literally written. I just want to make sure that you don't believe you have a right to have more accesses by that statement than what transportation deems correct. That's the only question. Is that -- MR. JARVL• Correct. Yes, sir. CHAIRMAN STRAIN: You don't? MR. MULHERE: And further, we have to go through the rezone to allow these uses, and during that time we're going to have typical transportation conditions, one of which is transportation has the right to close any access point, so on, so forth. We have the right to access our property, but they get to restrict it. CHAIRMAN STRAIN: Mr. Kolflat, did you have a question? COMMISSIONER KOLFLAT: Yes, I did. At the interchange -- intersection of Airport Road and Pine Ridge, there is a large activity center with a large amount of retail. How far is that from the subject property, about, in distance? MR. MULHERE: Maybe two miles. COMMISSIONER KOLFLAT: Two miles? MR. MULHERE: Yeah. COMMISSIONER KOLFLAT: Thank you. MR. MULHERE: I don't know, I drive it every day, I ought to know. But two miles. CHAIRMAN STRAIN: Okay. Are there any other questions of the applicant or his other people? MR. MULHERE: I did neglect to mention one thing, Mr. Strain. That is you can see in the staff recommendation that they have suggested that if the CCPC is inclined to approve this that there's some minor language changes from what we've proposed. And I just wanted to put on the record that we don't object to that. It probably reads better. CHAIRMAN STRAIN: Thank you. Okay, is there a staff report for that presentation? Thank you, Bob. MR. MULHERE: Come on, Marcia, be kind. MS. KENDALL: Good afternoon -- or good morning, rather. For the record, Marcia Kendall, Comprehensive Planning, Senior Planner. I believe the staff report itself speaks for itself. However, our concerns were due to the limited access, also to the small build -able size of acreage of 3.8, including the concerns of the Board of County Page 17 16 1 T March 22, 2007 Commissioners back at transmittal when they capped the square footage at 40,000 square feet and limited the use to general and office, medical offices. Also, in addition to that, the commercial inventory that was used for the petitioner was the only available information at the time. We used the '05 commercial inventory as comparison, which does show that square footage has increased in the area. And I'd also like to further add that recently Cambridge Square added 3.31 acres to their PUD, and that was for an additional 80,000 square feet of commercial. And also, that on the southeast quadrant, Marquesa Plaza, which is well under construction, is allowed for 121,000 plus or minus square feet. With all of that combined, we are recommending that this not go forward. CHAIRMAN STRAIN: Okay, are there any questions of staff? Mr. Schiffer, then Mr. Murray. COMMISSIONER SCHIFFER: Marcia, looking at this, and if you take just the area they can build on, the 3.8 acres, that is an FAR somewhere maybe below .4. Why do you think that's over - intensifying the use of this site? MS. KENDALL: Well, basically just the shape of the site and what can be done on it. Other than that, I have no other comment on it. COMMISSIONER SCHIFFER: But this is a major traffic node. And if it's underdeveloped, it really is a kind of urban sprawl move, isn't it? I mean, I don't think it's a good thing to under- develop this. MS. KENDALL: Well, I guess, as I said before, the main concern was the additional square footage that's been approved since that district was created and the fact that there is limited access, we just -- I just felt that 40,000 was adequate. COMMISSIONER SCHIFFER: How much of the additional stuff is office area? MS. KENDALL: Pardon? COMMISSIONER SCHIFFER: How much of it is office area? You said -- MS. KENDALL: That, I don't know. COMMISSIONER SCHIFFER: -- there's 120,000 square feet catty- comer. MS. KENDALL: David, could you respond to that? MR. WEEKS: Is the question how much office development has occurred like at this intersection? COMMISSIONER SCHIFFER: For example, she mentioned that there's 120,000 square foot catty -corner to this. How much of that is office, how much of that is retail? MR. WEEKS: I believe it's a shopping center that's under construction, which means we wouldn't necessarily know, I don't think, until they actually pull the building permits for the individual units what their use is going to be, whether it's going to be retail or office. I can tell you that in the northwest quadrant, the Cambridge Square PUD, it's a total of 115,000 square feet that it's approved for. 35,000 square feet is office use. The other 80,000 square feet could be at the petitioner's choice retail, office or combination of the two. But the short answer is I can't tell you specifically how much -- COMMISSIONER SCHIFFER: Okay. MR. WEEKS: --office. COMMISSIONER SCHIFFER: And again my concern is that, you know, if we under - develop the site, this is a site that could have office, could intercept traffic that would otherwise go into the city. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, Commissioner Schiffer stole part of my question, because it would seem that we'd want to distinguish between commercial retail and commercial office. And in your calculation, you gave a broad number, and I wondered if that was considered as part of your evaluation. And was it? 161 1 a� March 22, 2007 MS. KENDALL: My main consideration was the fact that the Board of County Commissioners did have major concerns about that area, and did cap it at 40,000, and did limit the uses, and that's basically what I was going on, other than the fact that as I stated before, the commercial has increased in the area since the '03 and '05 commercial inventory were done. COMMISSIONER MURRAY: Could you give me an idea of whether or not that was something you observed in a meeting or something you read in minutes or a postulation of some form? MS. KENDALL: I reviewed the transmittal and adoption minutes of the Board of County Commissioners for the time when it was -- prior to creation and then when it was adopted and approved at the 40,000 limit. COMMISSIONER MURRAY: And you made a recitation of -- in any of your document did you make a recitation about the key element, what was the basis for it or summary for what their conclusion was reached upon? MS. KENDALL: They were mainly concerned about retail going in there. They didn't want a McDonald's or fast food restaurant going in. COMMISSIONER MURRAY: Right. So -- but this was not put in for that purpose, this was intended for office, was it not? MS. KENDALL: For office and -- general office and medical. COMMISSIONER MURRAY: Okay. So I would expect you to take a look at it fresh from that perspective. But okay, that's a decision you made. CHAIRMAN STRAIN: David, you had a comment? MR. WEEKS: Yes, if I may. I was in attendance at that board hearing when this petition was originally approved to establish this sub - district at the northwest corner. The actual request was for retail. The applicant did not come forward asking for just office uses. The petitioner wanted retail. But the commissioners limited them to the office uses only and reduced their square footage down to the 40,000 square feet. As Marcia indicated, one of the concerns that was expressed on the record was the nearby residential at that time. At the present location of Cambridge Square there was a single - family home. There was and still is single - family development further to the north but still east of the subject property. Additionally, the comments were made most particularly by Commissioner Henning about concern for retail development, going back to pretty much what Marcia said. But to elaborate, that there was ample opportunity for retail development east of this property, along the Pine Ridge corridor there in the activity center, and that commissioner in particular did not think there was a need for any additional retail uses. COMMISSIONER MURRAY: I acknowledge that you folks are sensitive to what you see going on and your perception is that this is something you should probably not bring forward. But would you tell me, was that a 3 -2, 4 -1 or 5 -0 vote? MR. MULHERE: 4 -1. COMMISSIONER MURRAY: 4 -1, okay. CHAIRMAN STRAIN: I wish to remind this board, we are a Planning Commission, so politics should not weigh in on this. The voting and the way it came down at the BCC may not be as relevant as we would like to make it. COMMISSIONER MURRAY: Well, Mr. Chairman, let me explain the reason why I put that out. I'm certainly not doing politics here. CHAIRMAN STRAIN: I know you're not, Bob, I was just hoping that we don't let ourselves be -- COMMISSIONER MURRAY: No, I'm not going to. But the reason I asked is if it were clearer to me that there was an absolute involve, it might impact on how I decide, if there were some question. Page 19 ` a La ch 22, 2 80 07� Because everything is subject to being qualified again and looked at again. Even when we look 30 years forward, we think of redevelopment, and so we shouldn't preclude opportunities. I'm just trying to find out where we are. That's the only reason. No politics. CHAIRMAN STRAIN: Mr. Vigliotti has been patiently waiting to speak, so let me get past -- COMMISSIONER VIGLIOTTI: Just two things: You had said the BCC limited the square footage in usage. When was that? MS. KENDALL: Back in 2001. COMMISSIONER VIGLIOTTI: That was six years ago. The situation's changed in the last five to six years. And transportation is also saying he feels comfortable with working out the flow, working out the driveway entrances, lefts in and lefts out -- right in, right out. So I don t see transportation having a problem. I don't think it's relevant five, six years ago. CHAIRMAN STRAIN: Mr. Mulhere, did you -- MR. MULHERE: I did just want to add. I reviewed the transcript, and I don't disagree with anything that staff has said in terms of the discussion at the 2001 board hearing. I do think the applicant at some point prior to the board reduced their request to 40,000 square feet. It may have been because of staff recommendations, but the way I read it by the time they got to the board they were only asking for 40,000 square feet. They started out at 60,000 square feet. The other point I wanted to make was along the lines of what Mr. Vigliotti raised. I mean, we understand from reading the transcript the board's rationale at that time. But much has changed since then and, you know, we're confident that based on those changes that some greater flexibility here is appropriate. I'm not suggesting to you that -- and there was no analysis done of site planning previously in 2001, or at least nothing on the record. We actually did some site planning for this conceptual site plan, so we have a basis for our request in terms of the square footage. If the 20,000 square foot of retail is high -- you know, we want some flexibility. We're not asking for necessarily fast food, which was an issue that certain board members raised. And if they raise it again, we would be willing to limit that use or, you know, restrict that use. So I think that discussion will occur at the board level and we'll have to react to those issues, if they're still issues. CHAIRMAN STRAIN: Okay. I have one comment to staff and it's something Ms. Kendall said that primarily her reading of this was based on the transcript that she read from the Board of County Commissioners. I saw the Comprehensive Planning Department as purely a planning department. Being influenced by politics or by the board's statements, if that's not necessarily planning I'm just wondering how many of these 16 amendments are influenced that way when you are supposed to be, I thought, and I've always looked to you guys as purely analytical from a planning viewpoint. Which means the relevance of the politics at the time, no matter what the reasons are, shouldn't weigh in on whether it's good planning or bad planning. And I'd certainly like to know how much you guys really put the emphasis on those items. I'm surprised that you even would have considered that. MR. COHEN: Commissioner, for the record, Randy Cohen, Comprehensive Planning Director. I think it's probably incumbent on me to answer that question. First all, any time that we have a prior policy decision by the Board of County Commissioners that is fairly close in time, it warrants consideration. It's incumbent on us to do just that and to look at the rationale for that. And also, in conjunction with that, to see if circumstances have changed. For example, at that point in time, as indicated by testimony, there was a single - family house across the street on the northeast corner, which is obviously no longer there. So we had to take a look at that as Page 20 161 10� March 22, 2007 well, too, because that was part of the rationale for limiting the 40,000 square feet. At the same time, it's incumbent upon us to take a look at circumstances and changes in circumstances in conjunction with the prior approval or denial or whatever the constraints are with respect to the subject property in coming about with regard to that policy decision, and in this case limiting the square footage to 40,000 square feet. Mr. Mulhere, in his testimony, spoke about some issues that warrant consideration by this particular board in a manner that some of those things have not yet been addressed. Let me give you an example: Mr. Casalanguida spoke about turning movements with regard to the subject property and the fact that right now there's a right - in/right -out turn off of Pine Ridge. If anybody drives that particular area and you go through that, there's quite a bit of crossover traffic that goes up to that median cut at Pine Ridge to the west of Livingston Road where people cut across there and make that U -turn there. And that's a turning movement issue that exists. If this property is limited to right- in/right -out only off of Livingston and there is no interconnect with regard to the property immediately to the west, which is a dance studio, what ends up happening is you have to look at turning movements from the perspective of, well, how are we going to access this site? Well, the only way you're going to access this site is from traffic coming from the north down Livingston with a right - in/right -out. Which means that anybody that's going to be accessing from the other three directions is going to have to obviously go on up to Sable Ridge and make a U -turn and come back down Livingston. If you increase the intensity of use, obviously that's a consideration. This is something that hasn't been addressed from the perspective of what I call the what ifs. You know, they haven't spoken to the property owner to the west and arranged cross access. This is a major concern with respect to intensification of use. We talked about the Florida Power & Light easement that exists -- CHAIRMAN STRAIN: Randy, my original question seems to have gotten a little lost. Are we somewhere going to get back? My question simply was, you guys are a planning department, and the board sets policy, which is both good planning and sometimes motivated by other outside influences. I need to know if you're setting planning standards by policy or planning standards by good planning standards, standards that are nationally recognized. And I understand you have pressures, and that's fine, but at least we need to know that that's what's influencing your planning decisions. MR. COHEN: And there is no pressure, Commissioner, with respect to this. We obviously took a look at the policy decision that was recommended back in 2001 and then the changing conditions that existed for the subject property, as well as other information that was provided both by the applicant and by our staff. CHAIRMAN STRAIN: Okay. So your decisions here on the planning aspects of the GMP amendments are influenced by prior policy, whether that's good planning or bad planning; is that fair to say? MR. COHEN: That is not what I said, Commissioner. I said what we've done basically is we've taken a look at a prior policy decision and then taken into consideration the planning rationale for the request. CHAIRMAN STRAIN: Thank you, Mr. Cohen. Any other -- Mr. Schiffer, then Mr. Midney. COMMISSIONER SCHIFFER: Actually, I'd like to make a motion to move on, because we're -- before we have the 2001 hearing all over again. CHAIRMAN STRAIN: Yeah, that's fine. I was just trying to get an answer on what's presented to US. Mr. Midney, did you have a comment before a motion's made? Page 21 '1Vl l22 297 COMMISSIONER MIDNEY: I'd like to. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER MIDNEY: I'm a little bit confused. Are we implying -- are you implying, Mark, that the Commission does not always go on what is appropriate planning? I don't understand that. CHAIRMAN STRAIN: Well, I think the Commission weighs a lot of factors. Some of them may be recommendations based on planning from the planning department and others may be on practical items that they have to deal with on a day -to -day basis. I'm just trying to find out how the planning department view planning, whether they view it on policy set by the board or by planning standards set by our various codes, laws and ordinances. That was my question, Paul. COMMISSIONER MIDNEY: Maybe I'm naive. I would just as soon that the Commission would go on what's best planning for the community. CHAIRMAN STRAIN: Well, that's fine. Mr. Schiffer, did you want to make a motion? Why don't we see if there's any public speakers. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'll wait for Mr. Schiffer. CHAIRMAN STRAIN: Are there any public speakers? MR. WEEKS: No. CHAIRMAN STRAIN: We'll close -- well, there's no public hearing. We'll just go for a motion. Mr. Schiffer? COMMISSIONER SCHIFFER: I'd like to make a motion that we make a recommendation to move Petition CP- 2005 -7 to the Board of County Commissioners with a recommendation to transmit to DCA with a recommendation of approval, and using the staff wording. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTL• I'll second that. CHAIRMAN STRAIN: Mr. Vigliotti made a motion to second. Ms. Caron, discussion? COMMISSIONER CARON: Yeah. I think that in this particular location, almost doubling the square footage with a potential for 20,000 square feet of additional retail is not the way to go. I think that I would be more inclined to vote with Mr. Schiffer if it were still limited to office uses; office and medical uses, general office and medical uses. We just had a major increase in retail just down the block at Airport. There is additional retail that will becoming on board both to the southeast and to the northeast. There is also retail closer to 75. I think this is not -- I think that the limit to office was a good thing in this particular quadrant. CHAIRMAN STRAIN: Any other discussion for the motion? Mr. Murray? COMMISSIONER MURRAY: While I don't seriously disagree with Commissioner Caron, I would hope that some certain types of residential that could serve as -- I don't know how to phrase this, but I don't want to call it an anchor, but such as a bank and then the office above where it lends opportunities for that type of retail. I fully agree that the increased intensity with other commercial enterprises of various sorts would be possibly a disservice, but if that could be restricted, I would agree with Ms. Caron. CHAIRMAN STRAIN: Any other comments? Mr. Vigliotti? COMMISSIONER VIGLIOTTL• I think it's too premature to start restricting this, so I'd like to see it go ahead with staff and with transportation to work out how this thing's going to flow best. MR. MULHERE: Come back as a rezone. Page 22 161 1B March 22, 2007 CHAIRMAN STRAIN: Okay. No other comments? (No response.) CHAIRMAN STRAIN: I'll call for the question. All those in favor of the motion to transmit, signify by saying aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? COMMISSIONER CARON: Aye. COMMISSIONER KOLFLAT: (Indicating.) COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Two (sic) opposed to the motion to transmit. Motion carries 7 -2 (sic). Thank you. Before we get into the next item, we will be taking a 15- minute break at 10:00. So we'll start the next item, but we'll have to pause at about that time to let the court reporter have a few moments to rest her weary fingers. CP- 2005 -9 Next petition up is CP- 2005 -9. It's for the Corkscrew Island neighborhood commercial sub - district at Immokalee Road and Platt Road. All those wishing to testify today on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Thank you. Okay, the applicant. Mr. Arnold, you're representing? MR. ARNOLD: Good morning. Wayne Arnold for the record. With me is Rich Yovanovich and Dean Smith from Q. Grady Minor and Associates, as well as the property owner, Bob Williams, who's in attendance today, representing the future land use text amendment to permit the new Corkscrew Island neighborhood sub - district. And the subject property, as many of you have been around here long enough to know, I'm sure Mr. Midney in his drives from Immokalee remember, it used to be, when I first moved here, the old Wagon Wheel Restaurant. But its property that's located about three miles north of the Orangetree community on Immokalee Road on the big curve, as I call it. And it has existing C -2 commercial zoning on the frontage and has mobile home zoning behind. And just to set the record straight, I think there's been some confusion. And I know that we've communicated with one of the area residents that they were questioning whether or not the zoning districts that are in place are truly the right zoning districts. And in fact they are. We've researched it and I think staff as well confirmed that. But it is in an area where you're surrounded by agricultural with a mobile home overlay. But in this particular area, these two pieces of property were reviewed under the old zoning reevaluation ordinance. And their zoning at that time was retained and there are policies in the current plan that would allow us to move forward on each of those zoning districts separately. Mobile home allows 7.26 units per acre, and Page 23 16 March 22, 2007 C -2 allows a variety of convenience commercial. The subject petition asks for us to go ahead and expand the existing C -2 commercial by allowing us to come back either in the form of C -2 zoning, for instance, or a PUD that would allow us to have eight acres of commercial at this location. We think it makes sense. And I'll get into some of staff s comments in a couple of moments. But we did some analysis. We looked at the 2005 statistics for some of the Golden Gate Estates area and the Corkscrew area, and growth has occurred fairly rapidly in that part of the community, as we all know. We heard staff tell us before that we need more commercial opportunities east of 951. In this particular case, I know that staff has some issues with the methodology we used to define our sort of trade area that we were looking at because we sort of mixed and matched. But the lines aren't really clear. And in this particular case we have a piece of property that sits on a very highly traveled road that is going to capture a lot of convenience commercial shopping. I think it's distinguishable from the development that will occur at Orangetree, Orange Blossom Ranch and Ave Maria because the C -2 level of commercial and what you can net on eight acres is substantially less than what is being planned for and developed at either one of the other communities. So when we look at this, it's hard for me -- you know, the data and analysis is always a hard one, and it's kind of nebulous, because there's no strict criteria for what warrants a planned amendment. And in this particular case, I think knowing that there's population growth, knowing that the traffic is growing on this segment of Immokalee Road and knowing that we also have commercial that's in existence, allowing an expansion by a little over four acres of that commercial opportunity here makes sense. Staff is concerned about the potential for the other three quadrants to come in and seek an amendment to also allow commercial. Hopefully they can stand on their own if that ever occurs. But I think that I can sit here and say that those other three quadrants don't have existing commercial. And for us to move forward, this is the one location that makes sense to expand this commercial opportunity. We have worked with the Corkscrew Island neighborhood association that was established. We met with that committee. It's been two years ago now that we met with them when we filed this application. And I have a letter that summarizes the minutes from that meeting that the secretary of that organization provided, and I can pass that out to you all, if you wish. I don't know if staffs seen that or not. If I might, Mr. Chair? CHAIRMAN STRAIN: Yes, sir. Make sure you have an extra one for the court reporter. MR. ARNOLD: In essence, this indicates that we met on April 26th. And Bob Williams and I went to the neighborhood association and we discussed the opportunity to come forward with this amendment. And it's clear from the minute summary that there was not an objection to what we were doing. And we did concur with them that we should continue to work with the association to deal with some of their issues. And they have valid issues. They're going to have lighting issues, other noise issues and other traffic safety issues, and I think the fact that we have to come back for the rezoning, that's the appropriate time to address all of those. I think the question here before us is really whether or not additional commercial at this location that's limited to no more than C -2 convenience commercial makes sense. We think it does, I think the community said it does, and we've agreed to continue working with them in doing so. I think that, you know, we can go through any of the data and analysis you want and we can go through the staff report, whatever you prefer, but I think to me the case seems fairly simple in the fact that we already have existing commercial, and that's what we're building on. I think that in talking with them, obviously they have certain issues. And they have a fairly rural Page 24 16! 1 B March 22, 2007 community out there, and they obviously want to keep it that way. But again, they are an active civic association and we'd be happy to continue working with them as we go through the zoning process. I'd be happy to answer any questions, or if Mr. Yovanovich feels the need to add anything that I may have left out. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Have you met with the civic association recently? I know that this meeting -- MR. ARNOLD: We did not. We did hold our NIM, as indicated in the staff report. And it was attended by several people. I wouldn't characterize there being objections to it, but I think some of the same questions arose that we heard earlier on. I did talk to the civic association president a couple of days ago, and it was his opinion, not that they've had any new formal vote, but their opinion hasn't changed. It was kind of premature for them to take any stance against this, because if this moves forward, they'll see us at zoning time, too. CHAIRMAN STRAIN: Any other questions of the applicant? Mr. Murray? COMMISSIONER MURRAY: I'm reading where you want to have 90,000 square feet of gross leasable space. Is that an actual statement, that you -- MR. ARNOLD: That is correct. That's what we've requested in the actual text amendment, up to 90,000 square feet. Can we fit 90,000? I don't know. We really haven't site planned this, and I think that's the next step that we would take. And I think that's one of the same questions that the association had, you know, is it really going to be 90? And I can't sit here today and tell you that it is absolutely going to be 90. We may come back and decide that it's 80 or that we can better fit 70 or 60. I don't know that today. COMMISSIONER MURRAY: That would still be roughly two acres of gross leasable space in an area that's occupied in Corkscrew by rather low -- and even if we triple it, as is projected, that's a question now, given what we learned about 97 this morning. That seems an enormous amount of space. For C -2, how many -- what types are being envisioned with that 90,000 square feet of gross -- MR. ARNOLD: Well, C -2 is the first zoning district we get to that starts to insert a level of commercial. Otherwise you're at C -1, which is almost entirely office type uses. And we believe that the market out here is more for retail. And as I said, I don't see this as being a large format, any type of retail. I mean, we have eight acres and we're going to have to accommodate a drain field for a septic system that would serve it. And most retail are very low volume users anyway, but nonetheless, we have to accommodate that water management. There's no native vegetation issues, so the yield could go a little higher, because we don't have native vegetation issues that would be required to set aside in a preserve. But I think also, here again, the neighborhood association is involved. And I think that through that discussion and evolution through that group, we're going to come up with something that meets their standard, or we're not going to be moving into the zoning process. COMMISSIONER MURRAY: Okay, I have more comments later, thank you. CHAIRMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Mr. Arnold. MR. ARNOLD: Yes, sir. CHAIRMAN STRAIN: I have a few, sir. MR. ARNOLD: Okay. Page 25 16 1 1 B � March , 2007 CHAIRMAN STRAIN: In your -- you had an environmental consultant, Collier Environmental Consultants, and in there they mentioned there's an abandoned gas station on the site. MR. ARNOLD: That's correct. CHAIRMAN STRAIN: Have you done any Phase 1 audits or Phase 2 to find out if you -- or have you had any monitoring wells on the site to see if you have any ground water pollution? MR. ARNOLD: I don't believe that there are any monitoring wells on the site. I don't know if a Phase I environmental has been complete. I can ask Mr. Williams, the property owner, if he has. Do you want to come forward, Bob? Mr. Chairman, would you like to hear from Mr. Williams, the property owner? CHAIRMAN STRAIN: Sure. MR. ARNOLD: Thank you. CHAIRMAN STRAIN: You'll have to identify yourself for the record. MR. WILLIAMS: Robert Williams. At the time that I acquired the property, I did an environmental study on it, and it came up negative on pollution. CHAIRMAN STRAIN: Great, thank you. I just thought I'd check while we had the opportunity. Mr. Arnold, in your TIS you base part of your trip rates on the shopping center land use category. MR. ARNOLD: Yes, sir. CHAIRMAN STRAIN: 518. Is 518 utilized in a C -2 zoning district? MR. ARNOLD: That I don't know. I could defer to Mr. Smith. But C -2 really is again retail. And I think we looked at the most intensive type of use you could I think under those standard retail. I don't think we see the setting up for fast food restaurant or out - parcel type uses, but a shopping center seemed to be most appropriate. I can let Mr. Smith answer, but that was sort of the methodology there. CHAIRMAN STRAIN: Okay, because we've used -- I see shopping center used all the time. And usually it's I think code ITE 820. I'm not sure if this one was the same one used. But I'm wondering, the shopping center's allowed in the C -2. We usually see it used as a category in C -3. I just wanted to make sure that C -2 uses included what you thought was consistent with your TIS. MR. ARNOLD: I think it does. I don't think there's anything in the C -2 district that would preclude us seeking a shopping center. Again, I think you'll most likely see us back as a PUD in which we'll have very specific SIC codes that would indicate what we would be proposing there. CHAIRMAN STRAIN: Okay, that's fine. If you say it's part -- it can be utilized in a C -2. Then I had one other traffic question. And it's in the staff report, but it's about your traffic analysis. And it says, the TIS trip generation calculations are compared to existing uses. Traffic generated by existing uses is estimated to be 2,509 daily gross trips two -way. Does that include the mobile homes? And at what build -out? Or does that include the existing commercial? MR. ARNOLD: I'll let Mr. Smith answer that. MR. SMITH: For the record, Dean Smith. Mr. Chairman, I stepped out so I was not sworn in. CHAIRMAN STRAIN: Okay, thank you for telling us. (Speaker was duly sworn.) MR. SMITH: I did not include the mobile home in that calculation. That was just based on the existing commercial use area that's there right now. I didn't include any trips for mobile home use. CHAIRMAN STRAIN: Okay. Thank you, sir. Does anybody else have any further questions of the applicant at this time? Page 26 Mauch 22, 109 (No response.) CHAIRMAN STRAIN: Okay, we'll hear staff report next. Thank you. MR. SCHMIDT: Good morning. I think staffs recommendation does speak for itself, but I'd like to highlight a few of the issues. Certainly this is a sub - district being proposed in the rural fringe mixed use district. And in that area there are certain land uses that are planned to be compatible with the permitted uses, and those include group homes and golf courses and schools, community facilities, parks, habitat preservation areas, essential services and sports and recreation camps. And the list is short, but it does go on. Does not include commercial uses like the ones being proposed. It would be inconsistent because it's incompatible as planned. We recognize that the study to determine whether the market would support commercial uses did show us that yes, inside their studied area commercial uses could be supported, but not necessarily at this location. There may be a problem with access because this property is directly fronting Immokalee Road and to its side is Platt Road, an unimproved dirt, private road. There may be problems just with that alone with new uses with commercial traffic being imposed on those neighbors who certainly didn't see it coming because of the plans already established or would expect that traffic circulation to now pour onto their side roads. This is not a stretch of Immokalee that's improved at this point. You have the four - laving a bit further south, about two or three miles, and then westward. But this is still a narrow stretch. That wide sweeping curve that you re familiar with does not inhibit site distances to the south, but certainly to the north there may be some problem. It is likely, and you've seen it already today, not necessarily in the same planning area, but it is likely that you give permission for commercial on one quadrant of a comer, it is likely that you will have requests in the fixture for others. If in an unplanned area you allow the first, you're likely to see a second, third and perhaps a fourth. We can expect commercial uses at other locations where they're already planned, which is why it's not one of the places or this is not one of those locations where it would be identified as a land use for future. You have sub - districts with general commercial uses within a few miles, about three and a half in one direction, about four and a half to the east, I believe undeveloped yet planned at Everglades Boulevard at Immokalee Road. You have minor commercial uses between those larger nodes, again, out in front at Oil Well Road and hxnnokalee, just a few miles to the south and just beyond at Randall and Immokalee. The next largest major commercial establishment is -- of course you're familiar with it, because probably you have to visit that as well, Collier at Immokalee. Another general planning reason, and you've heard this perhaps stated before, and you'll hear it again, because we're in the process of studying the east of 951 area, look at all land uses out there again. It's been looked at once, twice, we're looking at it again. That East of 951 study, until finished, almost any request that comes before you for commercial or non - planned land uses are premature. I don't have anything to specifically address to statements that the applicant has made, so I'll leave it with that for now, unless you have questions. CHAIRMAN STRAIN: Mr. Schmidt, I think there will be some questions, but we had said we would take a 15- minute break at 10:00, and this is probably the best time to take that break. We'll resume the questions when we get back at 10:15. Thank you. (Recess.) CHAIRMAN STRAIN: Okay, if everybody will resume their seats and calm down a little bit, we can get on with the meeting. Page 27 1 arch 1, 07 Okay, there is one item of housekeeping we have to clarify or clear up. I could not see Mr. Kolflat's vote on the Pine Ridge/Livingston Road center. His vote was negative, so that changes the vote for approval for recommendation for transmittal from 7 -2 to 6 -3. And I know Mr. Mulhere is not here, so I'd like to ask staff to please notify him when you get a chance that that is the actual outcome so he doesn't use it at the Board of County Commissioners meeting inaccurately. With that, we will move on to questions of staff in regards to the Corkscrew Center. Is there any questions? Mr. Vigliotti, then Mr. Tuff. COMMISSIONER VIGLIOTTI: I had a question for Corby. You had mentioned that there's -- you had said that there's other commercial projects, other commercial developments in the area. How far away are they? You mentioned one on 951 and Immokalee. MR. SCHMIDT: Certainly, and that's your largest nearby mixed use activity center with general commercial uses. COMMISSIONER VIGLIOTTI: And how far is that? MR. SCHMIDT: From this location, approximately 15 miles. COMMISSIONER VIGLIOTTI: So the closest largest retail center is 15 miles away? MR. SCHMIDT: For multiple uses, yes. You have a number of smaller nodes of commercial uses much closer. Four files to the south you've got those nodes out at Oil Well Road. Another mile to the south, those commercial uses, and that's a smaller grocer there. At Randall Road, about one mile further, about five miles to the south. So you have a number of uses, plus you've got a number of planned areas not yet utilized. COMMISSIONER VIGLIOTTI: Okay. But the closest right now is four miles away? MR. SCHMIDT: Approximately, yes. COMMISSIONER VIGLIOTTI: And that's a really small one? MR. SCHMIDT: It's more than one convenient store, yes, small. CHAIRMAN STRAIN: Mr. Tuff, then Ms. Caron. COMMISSIONER TUFF: Yes, when Golden Gate Master Plan was working, they had not specifically put things in some of these areas and made some smaller, because they didn't have control over the Orangetree area. If that's changed or I didn't have my research, I didn't have a chance to, but a lot of that was held back for the same reason you said, well, we should plan it properly, we should do it right. And that area we didn't have control over. So is there a lot that can and will probably happen in that area that would make this one not as -- with everybody in that -- I think it was pretty well thought that yes, we needed to have some big bulk thing that could be there for the convenience of that many residences. But I don t recall, how would Orangetree affect that if people say yes, we should -- you know, the need is there, but is this the right location? MR. SCHMIDT: I think the answer to both is yes. You have instances where it can happen and it should happen. The Orangetree vested commercial uses are part of that, as well as locations nearby, and only three and a half miles away. Where an additional mixed use activity center is planned yet to be developed. COMMISSIONER TUFF: Now, on Orangetree is a significantly large area that that could happen in. MR. SCHMIDT: That's correct. A number of various commercial land uses are expected to take place. MR. WEEKS: If I could interject, specifically on Page 7 of your staff report, under the heading up at the middle of the page, commercial development, staff has identified some of the commercial and the general area. E_. 161 M March 22, 2007 And I would like to add specifically the last bullet point is Orange Blossom Ranch, we don't have an acreage there. And I believe it's 45 acres of commercial approved in that PUD. CHAIRMAN STRAIN: Okay, Mr. Tuff, are you finished? COMMISSIONER TUFF: Yes. CHAIRMAN STRAIN: Ms. Caron -- I mean, Margie, did you have something you wanted to interject? MS. STUDENT - STIRLING: I just had some thoughts about some of the language. It's nothing too major, really. CHAIRMAN STRAIN: Okay, let's wait rill we finish with the questions. Okay, Ms. Caron? COMMISSIONER CARON: Platt is a private road? MR. SCHMIDT: It's posted so, yes. COMMISSIONER CARON: Okay. This particular piece of property, how much frontage is on hnmokalee of the acreage? MR. SCHMIDT: Approximately 630 feet front Immokalee. COMMISSIONER CARON: Already there is C -2 zoning on this property. MR. SCHMIDT: There is. And I believe the agent for the petitioner spoke to that point. Some existing looking to expand the entire acreage. COMMISSIONER CARON: Right. That's it. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Corby, how much of it is C -2? How many acres? MR. SCHMIDT: 4.25, something like that. It's generally two halves of a 10 -acre piece with rights -of -way cut out of it. And the remainders are 75, 4.25. COMMISSIONER SCHIFFER: And if we expand it to the rest of the site, would that make the rest of the site eligible for the residential conversion down the road? You know in the code for bonus density, density bonuses', we have the residential conversion for isolated pieces? This is definitely an isolated piece, right? MR. SCHMIDT: It is, but I'll let my colleague speak to that. MR. WEEKS: It would not. That provision is only applicable to the urban designated area. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Is that it, Mr. Schiffer? COMMISSIONER SCHIFFER: Um -hum. CHAIRMAN STRAIN: Okay, Mr. Murray? COMMISSIONER MURRAY: When you go down Golden Gate Parkway or Golden Gate Boulevard, whatever that one is, and you get to Wilson, there's a store on the side there. And if you would make a left turn onto that road, you could nearly get killed from the very short entrance in there. I use that as a base for my question. 630 feet would suggest is enough room for a decel lane along Immokalee. How much of a part of the frontage would be -- decel, I'll ask the question but hold on it, because it's a deeper question than that. The areas that you culled out which are in the sub - district are basically, from the way I understood it, community related types of opportunities. Is that a fair statement? Churches and I think community centers and things of that nature, specifically culled out and not commercial. MR. SCIB41DT: That's correct. They're non - commercial uses. COMMISSIONER MURRAY: And that was by design under the master plan; was it not? Page 29 6 P2,2007 i March MR. SCHMIDT: It is. COMMISSIONER MURRAY: Okay. And so that would suggest that in the master plan all of the other commercial areas had already been predetermined or determined by the master plan. MR. SCHMIDT: Oh, precisely that, yeah. COMMISSIONER MURRAY: Okay. So getting back to that issue of the decel lane, along that coming north to south, as it were, that is at high speed 65, 60 miles an hour, whatever it is, it's -- that's a potential danger. So I'd ask, I guess Mr. Casalanguida, if the decel lane, if that were to go forward, whether a decel lane is even plausible there. MR. CASALANGUIDA: Not only plausible, its required. They wouldn't get access if they couldn't put something like that for health, safety and welfare. COMMISSIONER MURRAY: Okay. The reason I asked is because Commissioner Caron asked how long it was, and the response was 630 feet. You need 600 to get the decel, correct? Is that right? MR. CASALANGUIDA: 600 feet of decel lane? COMMISSIONER MURRAY: I'm sorry, between an intersection? I'm trying to remember the 600 feet, there's something associated with it. MR. CASALANGUIDA: There's usually an access management policy that goes with that. It would have to be consistent with the access management policy. COMMISSIONER MURRAY: And would that be out in the rural area, the same as would be in the urban? MR. CASALANGUIDA: Right. You would look at the access class, and it has to meet the access class basin. You had brought up E's at the comer of Wilson and Golden Gate. That's a four -by -six intersection with spacing of 50 feet to that driveway. That's a preexisting condition. That's right, that's terrible. And as we're doing that design right now, that's a problem. This is not a preexisting condition. This would be subject to every requirement we have as far as access— COMMISSIONER MURRAY: Okay. And that's what I was looking. If it got past this hurdle that would be -- at least I know that much. MR. CASALANGUIDA: When we looked at this petition, just to do a quick brief transportation, we looked at -- Immokalee Road's right now is at level of service A. Grew traffic historically up to five years. Even if Dean's calculations were off by 10, 20 percent, I've got 5.1 consistency, I've got roadway capacity. That southerly road would probably -- we'd recommend access to come off of that. But we didn't look at it in detail for site planning, because at this point in time its not that kind of information I have in front of me. COMMISSIONER MURRAY: And that I respect. I just wanted to get an understanding of that part of it. Thank you. MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: Mr. Midney, then Mr. Vigliotti. COMMISSIONER MIDNEY: Nick, do you think that it would be hazardous because it's on a curve to be not having a decel lane at that point? MR. CASALANGUIDA: It would have to have a decel lane. COMMISSIONER MIDNEY: And you think there's enough room to do that? MR. CASALANGUIDA: I would think from what I've seen there would be. And if not, they would have to go to that Platt Road and provide a decel lane there as well too, so there would be. CHAIRMAN STRAIN: Mr. Vigliotti? Page 30 161 ip March 22, 2007 COMMISSIONER VIGLIOTTI: Nick -- CHAIRMAN STRAIN: You guys want to fight? MR. CASALANGUIDA: No, no, he had just pointed out you can do a decel lane in 300 feet. One of the other questions was the access class basin. You can't even put the entrance within a certain distance of the intersection or another driveway. So there's two different questions that you asked me. Is there room for a decel lane? Yes. Where does the driveway go? It has to meet certain spacing from another roadway. And that's based on the access class. CHAIRMAN STRAIN: Just never seen Don have to jump up and confront you in a meeting. I was surprised. He usually lets you have your head. Go ahead, Bob. COMMISSIONER VIGLIOTTI: Nick, at this point you don't see a problem with traffic. And when it comes back for site plan approval do you foresee a problem at that point with area flow or anything? MR. CASALANGUIDA: No, it depends on what they submit. But we will scrutinize it under the current guidelines at that point in time. Until I know where they propose a driveway -- capacity there is not a problem. Evaluating access, it appears that if they put a driveway in where they had mentioned, there wouldn't be a problem. But when they actually come in with site plan submittal, that's when we will actually do the analysis for the sight distance, access management spacing, turn lane requirements at that point in time. And those all appear they could do that with a proposed project. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Okay. Marjorie, why don't you tell us your issues, and then I have some questions as well. MS. STUDENT - STIRLING: Okay, thank you. This is really more technical in nature, but second paragraph, last sentence about the reference to the C -2 commercial district. CHAIRMAN STRAIN: Could you tell us what page you're on, Margie? MS. STUDENT - STIRLING: Okay, it would be my Page 2 of the staff materials in the notebook. And it reads, the sub - district will permit a variety of retail, office and personal service uses that are generally consistent -- I have that circled, because I don t know what generally consistent means -- with the types of uses found in the C -2 commercial convenience zoning district. Well, those districts can be amended. And the DCA does not like to see self - amending provisions in the comp. plan. So we generally like to have a date to tie that to, such as in effect at the time of adoption of this amendment, were you to recommend approval. MR. WEEKS: Mr. Chairman, I'd reference the Planning Commission to Page 12 of the staff report. Staff has recommended modifications to the petitioner's agent, as we've done for all of these. So the petitioner's agent -- excuse me, petitioner's text was on Page 2 that Marjorie was reading from. But staff has proposed in some cases significant provisions. Page 12 I know addresses at least one of the issues Mark just raised. MS. STUDENT - STIRLING: And the other things are just little minor cleanup language, like adding a preposition here where one is missing or something like that. CHAIRMAN STRAIN: Okay. Thank you, Margie. Any other questions of staff? (No response.) CHAIRMAN STRAIN: Corby, I have a few. If you could turn to Page 6 of your staff report. The third paragraph reads, staff believes immediate consideration should be given to requiring an updated TIS be provided by the petitioner. Page 31 161, 1 Mall, 2007 Had one or has one been provided? Or is the one we have the updated one or has one not been provided? MR. SCHMIDT: One has not been provided. It would be your discretion to require that at this time. CHAIRMAN STRAIN: Okay. Subsequently another review by specialists with the Collier County Transportation Department should take place before the CCPC proceeds with a recommendation. So that item has not been addressed as well? There has been no subsequent review by the transportation department? MR. SCHMIDT: That's correct. CHAIRMAN STRAIN: The last sentence, it does not reflect the comprehensive analysis desired for a Growth Management Plan Amendment. At what point did you notify the applicant that they were apparently now insufficient in regard to their application? Or were they deemed sufficient? And if they were, then why do we have these statements? I'm just trying to understand. MR. SCHMIDT: Well, I think there's a couple of reasons, and I'll touch on at least one of them. We're talking about two different things. The finding of sufficiency gets someone the information they want to give us. The decision to be made, there may be not be sufficient information there to determine, and that's the situation we ran into. CHAIRMAN STRAIN: So if an applicant submits something that they feel is sufficient but you guys don't, they could still have a sufficiency letter, but it may not be enough to warrant your analysis of approval; is that what you're trying to say? MR. SCHMIDT: Basically. MR. CASALANGUIDA: With regard to traffic, the initial submittal to us did not contain the TIS. Subsequently, as Corby was preparing his staff report, we looked at the TIS. And there isn't -- when you look at the proposed use, there wasn't a problem when we did the 5.1 analysis. So I think it's a timing issue, as Corby was preparing his staff report. And we looked at something. One of the comments was we did not believe this petition, as proposed, even if off by 10 or 20 percent in either direction, we had a problem with 5.1. So it's just a timing issue. Corby's correct in what he put in his staff report. It's just getting the documents back and forth with these petitions flying around. So we did not have a problem, he's correct, it's just we weren't able to do the timing issue as part of the report. CHAIRMAN STRAIN: Okay. So the TIS that we have is the one you reviewed? MR. CASALANGUIDA: Yes. CHAIRMAN STRAIN: On Page 8, Corby, it seems to be clear that there's -- well, first of all, it's not on Page 8, but I have a question about Page 8. MR. SCHMIDT: All right. CHAIRMAN STRAIN: What I was starting to say is there is no water and sewer available on this site; is that correct? MR. SCHMIDT: That is correct. CHAIRMAN STRAIN: So it would have to be on a well, which would have to be a commercial grade well, treatment system and a septic system large enough to handle 90,000 or whatever square footage they would build. MR. SCHMIDT: That's the proposal. CHAIRMAN STRAIN: Does anybody have an idea how -- I mean, 90,000 square foot -- a system that can take care of 90,000 square feet would have to have an absolutely huge drain field. I mean, how would they possibly put all that on the property? Does anybody know? Page 32 161 1B( March 22, 2007 COMMISSIONER SCHIFFER: It would be a dosing (phonetic) system. I put a hospital on a septic tank. CHAIRMAN STRAIN: Did you? COMMISSIONER SCHIFFER: Yeah. You just bury a concrete house in the ground, that's about what it is. CHAIRMAN STRAIN: I mean, they all have to have percolation beds and stuff like that. That's what takes up the space, the actual components. Now, I was just surprised that this is the size of it. The last sentence on Page 8, the last sentence of the last practice it says, no information is provided to substantiate that the proposal is without some negative impact to residential neighborhoods, present and future. What would you have typically expected? MR. SCHMIDT: Because the plan generally describes commercial end uses as not being compatible with the residential area surrounding them, I would look for the kind of information to counter that. CHAIRMAN STRAIN: But can you -- you've got an example? I'm just curious how they would know what to provide. MR. SCHMIDT: In our business there's little if any of that kind of information. Generally speaking, the two land uses are incompatible. And I would look for something to substantiate the claim that this is the perfect place for this sub - district. 90,000 square feet of commercial uses in this rural area, surrounded by rural density homes and mobile homes, there's nothing there to substantiate it. And I was looking for something. And I would have seen the first of a few of that kind of information as well. CHAIRMAN STRAIN: Okay. I understand. At least I heard what you said. Thank you. Are there any other questions of staff? COMMISSIONER SCHIFFER: One small one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Corby, what is the -- half of the site is C -2. Which half is it, along the street? MR. SCHMIDT: It is divided, top to bottom so it's two tall pieces. The fronting tall piece is commercial along Immokalee Road, and the back portion, again, the tall piece, the shortest end being on Platt Road is the mobile home portion. COMMISSIONER SCHIFFER: Okay, so you're saying that the C -2 runs from the Immokalee -- we'll call that the front, to the back of the property? MR. SCHMIDT: It runs along Immokalee halfway back. CHAIRMAN STRAIN: If you look -- COMMISSIONER SCHIFFER: Yeah, if you split it. That's what I originally said, all the C -2 fronts Immokalee. say? MR. SCHMIDT: It does. CHAIRMAN STRAIN: And one last question. Platt Road is a private road, did I hear someone MR. SCHMIDT: Yes. CHAIRMAN STRAIN: Okay. If they, because of transportation requirements, had to come in off of Platt Road, and that's a private road, how do you do that? Is that something that is typically done? Because if it's not a public right -of -way, I'm wondering how you make that requirement. MR. ARNOLD: If I might, Commissioner Strain? CHAIRMAN STRAIN: Sure. MR. ARNOLD: Wayne Arnold again for the record. We are one of the owners of Platt Road, being Page 33 pp 6Jarcl 21 OO7 a contiguous property owner to it. And it's a 60 -foot wide right -of -way. CHAIRMAN STRAIN: Okay, thank you. Okay, are there any other questions of staff? (No response.) CHAIRMAN STRAIN: Hearing none, we'll see about public -- okay, are there any public speakers, Mr. Weeks? MR. WEEKS: We have one. Mary Jane Gay. CHAIRMAN STRAIN: Okay. MS. GAY: Good morning. My name is Mary Jane Gay. CHAIRMAN STRAIN: You need to pull those a little closer. Sorry, these speakers are a little harder to use than the ones in the other room. MS. GAY: My name's Mary Jane Gay. I'm also speaking for my husband, Truman Gay. And I'd like to also kind of feel that I'm trying to help the wildlife in the area. I've lived there 33 years around Corkscrew Sanctuary. We -- when the first -- when the building was there back years ago, it was -- you hardly ever seen any wildlife around anywhere. And then they -- it was -- the county came in somewhere in the 1980's and moved all the trailers that was on this back parcel, which is here. This is Immokalee Road, this is the C -2, and this is the parcel that they're trying to change into commercial. I have seen deer and other wildlife on this piece of property as I pass along the road. Also, I'm concerned as to what -- the impact of the peace and quiet that we all moved out there to enjoy, and to damage to the wildlife. Because close to this area, this property is owned by the state. A lot of this property here is owned by the state, so it will remain natural. Also, I had a problem one time, and I called the deputy, and he came out. This was two or 3:00 in the morning. We sat out down by my pond and he said to me, he says, Mary Jane, he said, this is a prestige area. He said, let's keep it that way, let's not someone come in and destroy it to make big money. And this is what one of the deputies told me years ago, and I have his name. But that's what I've tried to do there. I've tried to fight and keep the area as quiet and prestige as I can. We have fought dog kennels, saw mills, junk yards, and a whole lot of other things to keep it unique for the people coming to Corkscrew. I'm not speaking necessarily for Corkscrew, I'm speaking for my own self. That we have done -- we, I'm talking about my husband and I, have fought to keep this area a unique area. Also, I'd like to ask, they're talking about changing this zoning. Does Mr. Williams plan to keep this property or does he plan to sell it? Because as of right now, there's a sign up for sale on this property. CHAIRMAN STRAIN: Well, ma'am, just so you know, planning considerations aren't based on whether a piece of property is for sale or not. MS. GAY: Okay. Then let me go down to my notes here. I'm sorry. Also, at the association meeting there was a lot of people -- I don't know where they got the amount that voted for it. I know we did not vote for it. There were some others that had a lot of questions as to what would be there and what wouldn't be there. And their concern is you're talking about the mobile home park. I think a lot of them would rather have the mobile home park if they knew as to what was going in there as far as mobile homes. But I have a letter from a lady that says boom -boom boxes, four- wheelers and, you know, a lot of other stuff, I can't look at it right now, that she felt was why that she would vote for the commercial. Otherwise, she would like to keep it as it is. I did talk to a lot of the other neighbors in the neighborhood, but I wasn't able to get up a petition to Page 34 1 r hl22,19, get them to sign. But a lot of the people in the neighborhood does not want any change. We want to keep it as it is. Then if they do decide to come in with a mobile home park, then we will face it at that time and to see what the restrictions are and what can be done and what can't be done to protect our neighborhood. I'd like to know also, as I said before, when this was zoned to mobile home park. Because, in the 1980's the county came in and moved all them out of there. This was before the building burned. So if it was not zoned at that time, then how did it get zoned now? And you're talking about commercial being close to us? I know one time I needed a jug of milk and I stopped like at G's. It was like three or $4.00, when you can drive another five miles and get it for like 2.49. And when -- I know I myself, when we go out, I buy like two jugs of milk. You have to --to enjoy what we have there, we do these things. And we just don't want no change. We want to leave it-- we just don't need this changed over to commercial. CHAIRMAN STRAIN: Thank you, ma'am. COMMISSIONER VIGLIOTTI: Mark? CHAIRMAN STRAIN: Yes, sir. Mr. Vigliotti? There might be a question. MS. GAY: You have a question? COMMISSIONER VIGLIOTTI: No question, I have a statement. I have to make a disclosure. You had spoken to me on the phone yesterday regarding this. CHAIRMAN STRAIN: This is -- disclosures aren't required for this meeting. That's why I haven't asked for any. But that's fine. Thank you, Ms. Gay. MS. GAY: I ask one more thing. Someone asked me how close I was. Okay, this is an easier map to read. This is Platt Road. This is where the property is located. I'm almost due north, right over here. And the sound does travel an awful lot. And I know when the other building was there, you could hear tires squealing, you could hear loud music, you could hear a lot of things that we don't need. And the property has been vacant for around 20 years. CHAIRMAN STRAIN: I may have been a little remiss when you started, but your speakers are limited to five minutes and -- MS. GAY: I'm sorry. Okay. CHAIRMAN STRAIN: -- it's been about seven. We can provide some latitude, but you need to kind of wrap up your discussion. MS. GAY: I will, I will. But if you'd like pictures, I brought pictures to show you what kind of wildlife's in the neighborhood. CHAIRMAN STRAIN: Okay, thank you, ma'am. MS. GAY: Have a great day. Thank you much. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Okay, Wayne, do you have any statements you want to make? MR. ARNOLD: Yes, sir, I would. After listening to staff and Mrs. Gay, I would like to say that, you know, I don't want to belabor this point of sufficiency, but I think that part of the discussion point is we're provided with a request to get 20 copies ready to submit to you and presumably staff: I think -- you know, hopefully Nick has convinced you that he has reviewed this and there aren't traffic issues associated with the plan amendment. The other thing I'd like to reiterate, I mean, let's not forget that today Mr. Williams can go and get a site development plan approval and put 7.26 units per acre on the back half of his property and he can go Page 35 March 107 forward and get C -2 commercial, shopping center, restaurant, whatever the case may be under a site development plan approval. And I think what we're offering here has some very positive advantages for the community. We've committed that we're going to come back to you and rezone the entire thing. Through that rezoning, we have to show you our conceptual plan for development. We're going to have to further detail how we're handling the traffic. And at that time you can also deal with conditions and restrictions that are appropriate for things they've talked about: Lighting, noise, hours of operation, things of that nature that are neighborhood compatibility issues. And albeit we don't have a lot of immediate neighbors, it is a concern to Mr. Williams. I mean, he lives here, too. And it's one of those things that we're trying to make the best of it possible. And I can tell you, the people I've talked to don't necessarily want a mobile home rental park out there. And that's probably the alternative, given the existing zoning. But having said that, I also talked to Mr. Williams, having listened to where you all were going with comments, and on the break we talked to Mr. Williams, and he's willing to amend the request to ask for a maximum of 70,000 square feet on the project. Mr. Smith and I worked on some numbers, and it looks as though that's more realistic when we really look at what we need for drain fields. But that would be the maximum to get drain fields, parking, landscape buffers, setbacks and things like that in there. So the 90,000 was based on sort of a gross number without native vegetation. But I think, having looked at those numbers, the 70,000 is a number that hopefully you can view as a compromise, and we'll be bringing back for at zoning a more specific plan. But again, we may not achieve the 70 when we really lay this out and decide on what the mix of uses will be. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Wayne, under current zoning, you can -- under C -2 and the mobile home, how many square foot could he put under the C -2 zoning currently? MR. ARNOLD: I haven't laid it out. But there's no restriction as to the square footage. It's only based on what we could net for parking. I mean, could I go put a restaurant there that's 5,000 square feet? Probably. And park it? I would think. Or I could put any other C -2 use. But the reality of that is I think that looking at these eight acres as one unified project, and when you look at staffs condition in the alternate, that you decide to transmit this, we don't really have any objection to it. I don't think some of the information they provided on Page 12 is absolutely necessary, because I think those are typical rezoning considerations. But nonetheless, they've put us on notice that we are going to have to deal with all of these more compatibility issues. Because I sense that's where it's going. I think the demand's been well documented. We have commercial. It makes sense to square off the mobile home boundary with some convenience level commercial. So I think meeting this with the further restriction of 70,000 square feet works for us. COMMISSIONER MURRAY: I guess I'm a little confused, too. The master plan overlay called for uses that are apparently diametrically opposed to what is being recommended here. And yet you're saying he has the C -2. So in other words, that's prior zoning, that it's extant, and so he's able to do that. And he doesn't want to do that, he doesn't want to put in whatever square feet. And basically you don't know how many, so it could be 70,000 square feet? I don't think so. But you're basically saying that he'd rather do it under unified control in almost a PUD, I guess, huh? MR. ARNOLD: Um -hum. COMMISSIONER MURRAY: And I guess I'm just surprised, because if something is available, Page 36 Marl 22,4A7 you would think that the person could go through that process, which is less difficult, less costly and so forth. I'm just a little surprised that he wants to do it this way. But I would also --as the chairman and I certainly had the same thought, when you look at 90,000, or even 70,000 square feet, the septic system has got to be incredible. And there's the Corkscrew Sanctuary right out there. MR. ARNOLD: Well, if I might, the septic tank issue, as Mr. Schiffer said, you know, he's put a hospital on a septic tank. I mean, it's really based on the flow. And when you have retail and office type uses, they're very low water consumers compared to a mobile home or a residential use, which has different irrigation demands and consumption demands. So from that perspective, it is. But when you go to uses, for instance, like a restaurant, they start consuming a lot of capacity in the septic system. So to come forward with something -- you know, I would be limited when I come back with uses -- and I'm willing to do that, to come and show you specific uses as we get through this process. If staff would allow us to have submitted zoning and let it run concurrent with this process, we would. I don't believe that -- I know we've talked about that in the past, and I don't think staffs position has changed. But, you know, certainly the willingness to come back and be able to demonstrate that. I mean, this is the first hurdle to get past transmittal. Once you do that, I think then we at least have a sense of where things are going. If the Planning Commission and the board say we're not transmitting, then I would hate to have spent a lot of money of my client's to start pursuing more specific planning and zoning applications. But I think once we get past transmittal, we're more than happy to do that. And I know by the time of adoption, we can come back to you and have a lot more specificity. I mean, that's typically how these work. And I look at this one as is it more appropriate to have a little more commercial here in a location where we already have commercial and you'll have a chance to control it with respect to uses and different standards for this piece of property than for us to go in, walk away and just develop the front half of C -2 unrestricted and the back half with a mobile home park. And I think we're offering I think to the community -- it may not seem like it, because I know there's concern about the square footage. And that's why we have reduced that. And again, when we really lay it out, it may get further reduced when we look at those mix uses. But I know that we can fit that level on there. Whether we will or not, I don't know. But I do think that when you have control of a planned development where I can deal with you on conditions and setbacks and lighting standards and uses, then that gives I think everybody more power than they have under the current situation today. COMMISSIONER MURRAY: Just a final thought from me. With regard to opportunities that you might or could or should or would have, and costs associated with it, in areas where those lands are sensitive, it would seem that you should make a case, at least to this person, make a case to what you, caretakers for the soil, you know, keepers of the country, want to make certain that the neighborhood is embellished and not hurt. So it would seem to me that the investment of that -- and there's nothing to preclude it from you offering it in your documents, is there, that -- what your restrictions might be, what your limitations are? I recognize it goes one step further planning. This is just a suggestion. I'm just saying the sensitive area out there, it seems an important thing, with good planning, that's all. MR. ARNOLD: I think that's a good point, but I also -- we did meet with the neighborhood association, and I think their -- the consensus at the meeting we attended and where they took the vote was the idea of more commercial wasn't bad, but how it was carried forward was a concern. And that's why they said we want to talk to you about lighting standards, traffic safety, et cetera, as you evolve through this process. And we're happy to do so. And I guess the other thing to be said is that when you look at the aerial on that site, staffs initial Page 37 l "MarchU, 2OO7 discussion point was gee, that must be a wetland in the middle of your property. Well, in fact it's the old settling pond for the sewage from the mobile home park and the restaurant. So you have this open septic pool, if you will, which is the old style of treatment. And what you gain here is I guess some incentive to get that cleaned up and do it better than it was done. So I think we are trying to be responsive. But it's hard. And I don't want to belabor this point, but at this comp. plan level we're having this larger discussion of is it appropriate to have commercial at some level here. And then when we come back at zoning we're going to determine exactly what level is appropriate. And I think that staff and we are in some disagreement there, but I think there are hopefully enough strong points for this that you could recommend to transmit this thing. CHAIRMAN STRAIN: Mr. Vigliotti, did you have a question? COMMISSIONER VIGLIOTTI: Yeah, I have a question and I'd like to make a motion. CHAIRMAN STRAIN: Well, let's get the question out and make sure everybody has all their questions and then we'll move on. COMMISSIONER VIGLIOTTI: Okay. My question or comment is this will come back again before zoning, it will come back again before every other traffic situation we may have. As far as the septic tank, I'm not concerned about septic tanks. The state is all septic, and I think with the Health Department regulations and rules, it is probably a better situation as compared to the open septic system you have now. CHAIRMAN STRAIN: Are there any other questions from the Planning Commission? (No response.) CHAIRMAN STRAIN: Okay, we've heard -- go ahead, Nick. MR. CASALANGUIDA: One comment. The petitioner was upset that there wasn't a proper transmittal of a TIS. In fairness to Corby, Corby did everything right. He got it to my office, I reviewed it late. So in respect to Corby, that wasn't his fault that was my responsibility to get back to him in a timely manner. CHAIRMAN STRAIN: Thank you, sir. Okay, with that, we'll entertain a motion. Mr. Vigliotti, did you have a motion to make? COMMISSIONER VIGLIOTTI: Yes, I'd like to make a motion of approval, with the consideration that we have a reduction of 90 to 70,000 square feet. CHAIRMAN STRAIN: Is there a second? COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Motion's been made by Mr. Vigliotti, second by Mr. Adelstein. Discussion? Mr. Weeks? MR. WEEKS: Would that be per staffs alternative language or what the petitioner's proposed? COMMISSIONER VIGLIOTTI: What's the specific difference? CHAIRMAN STRAIN: A lot of differences. There's a page of detail. It's got to be one or the on other, Bob. COMMISSIONER VIGLIOTTI: I'd like to find out more about the exact details. CHAIRMAN STRAIN: Well, it's in your packet. It's a whole page of information. That's what the whole purpose of the meeting is. MR. ARNOLD: If I might, Mr. Chairman, the applicant doesn't have a problem with staff -- I alluded to it. There's some additional language that really it's hard to -- you know, talks about being careful. CHAIRMAN STRAIN: Wayne, I'm not going to debate the language. We've all had time to read E_- 161 1 Bi March 22, 2007 it. Do you accept the language or not? MR. ARNOLD: We do. CHAIRMAN STRAIN: Let's just go on with it. Mr. Vigliotti? COMMISSIONER VIGLIOTTL• I'll accept it. CHAIRMAN STRAIN: Does the second accept the staffs language? COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN STRAIN: Okay, now, discussion. And Mr. Midney, you were the first. COMMISSIONER MIDNEY: Yeah, I'm going to be voting against this motion. I think expansion of commercial in this area so close to the sanctuary and so close to a very rural neighborhood is out of character with the rest of the community. I don't think that it's a good idea to set a precedent for approving an expansion of commercial in this area, because I agree with staff, that this could encourage other people to do the same thing. And I also agree with staff, that there hasn't been enough planning in the East of 951 Study to really consider what should be done in the long term in this area. And also, that there is going to be adequate commercial near the Orangetree area. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: This is the opportunity that we have for planning. The staff, working with the citizens, came up with a master plan. And they said -- they looked into the future and they said this is the area that we want to commercialize, this is another area we want to hold pristine or near pristine. And so this is the place where we should be concerned with more than just a single parcel and its implications. And I cannot support the motion, because it's clear to me that the citizens did a good job of establishing this as a place where it was not intended for intensification. And while it may benefit an individual who owns property, it won't benefit the community, based on what I've heard. CHAIRMAN STRAIN: Okay, Mr. Kolflat? COMMISSIONER KOLFLAT: I think the staff made an excellent report, and I intend to support their recommendation. CHAIRMAN STRAIN: Staff s recommendation was the opposite of the motion; is that what you're saying? COMMISSIONER KOLFLAT: That's correct. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I would just like to say that I will continue to be consistent and insist that the East of 951 Study be completed before we make any major changes to zoning in this area. CHAIRMAN STRAIN: And I have to concur with Ms. Caron, as well as with staff, that this is at best premature and at worst not warranted, as I see no public benefit, nor do I see the neighborhood that exists being compatibly addressed by this petition, so I will be voting against the motion as well. Any other comments? (No response.) CHAIRMAN STRAIN: Okay, all those in favor of the motion to transmit, please signify by raising your hands and saying aye. COMMISSIONERADELSTEIN: Aye. COMMISSIONER VIGLIOTTL• Aye. CHAIRMAN STRAIN: Two in favor. All opposed, same sign. Page 39 I March �, 9007 COMMISSIONER SCHIFFER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Motion is defeated, 7 -2. So I guess we need another motion not to transmit. Is there -- Mr. Murray? COMMISSIONER MURRAY: I would make the motion that we do not recommend transmittal to the DCA of the subject amendment, based on staffs recommendations and the findings of this commission. CHAIRMAN STRAIN: Is there a second? COMMISSIONER TUFF: (Indicating.) CHAIRMAN STRAIN: Mr. Tuff? Okay, Mr. Tuff seconded. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the motion made to not to transmit, please signify by raising their hands. COMMISSIONER KOLFLAT: (Indicating.) COMMISSIONER CARON: (Indicating.) CHAIRMAN STRAIN: (Indicating.) COMMISSIONER SCHIFFER: (Indicating.) COMMISSIONER MIDNEY: (Indicating.) COMMISSIONER TUFF: (Indicating.) COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: All those opposed? COMMISSIONER ADELSTEIN: (Indicating.) COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Motion carries 7 -2 for recommendation to not to transmit. Thank you. Before we go on to the next petition, which is CP- 2005 -12, I know it may take some time, and we need to talk about lunch and getting back here on time. This is limited in the amount of areas to eat. We have to basically drive, if you want to go to a restaurant. And restaurants get crowded at noontime. What's the pleasure of the board? I'm going to be staying right here. As far as those of you that want to depart and get back, do you want to leave a little early so you beat the lunch at 12:00, the crowd? COMMISSIONER VIGLIOTTI: Yeah, I believe we should, thank you. CHAIRMAN STRAIN: Bob, what time do you -- COMMISSIONER VIGLIOTTI: I feel 11:30 if we leave. CHAIRMAN STRAIN: Is that okay with the rest of the board? So everybody knows, at 11:30 whatever point we are in the discussions of CP- 2005 -12, we will break for a one -hour lunch. And with that, the next item for today is CP- 2005 -12, the North Belle Meade Special Use Sub- district. It includes a change to the future land use map involving mining areas and issues like that on W-M 16 1 18\ March 22, 2007 North Belle Meade. All those wishing to testify in relation to this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. We'll start with the applicant's presentation. MR. ARNOLD: Good morning. Wayne Arnold again for the record, representing the Hussey family and the Bonnesses in this request. With us we have the applicant, Mr. Bonness, who we have a presentation that probably would be appropriate for him to try to go through before you take your lunch break. And I know that we were planning to do power point, which doesn't look like that's going to be possible, so we have copies of each of the slides available that looks like Rich is handing out to you. This application is an amendment to the future land use element map and text to create a new sub- district that affects about 950 acres. CHAIRMAN STRAIN: Wayne, can I interrupt you one moment? The applicant/owner is Francis and Mary Hussey; is that correct? MR. ARNOLD: That is correct. CHAIRMAN STRAIN: I thought you said there was another -- did you say Mr. Bonness is an applicant as well? MR. ARNOLD: I'm sorry, I'm representing Mr. Bonness here, too, because he has obviously a -- CHAIRMAN STRAIN: You're representing Mr. Bonness. Who's representing the applicant? MR. ARNOLD: We both are. CHAIRMAN STRAIN: Who's we both? I'm sorry, you and Richard Yovanovich are representing the applicant? MR. YOVANOVICH: We are representing both the Husseys and Joe Bonness. Joe Bonness has a contract for the lime -rock, if this gets approved, so we're representing both. CHAIRMAN STRAIN: Okay. Staff, is this consistent with your understanding? I'm -- I just saw one name on here. I didn't know we had two applicants, because only one is listed. MR. SCHMIDT: Mr. Chairman, the original application just listed the Husseys. However, as the information has come forward, it's well understood that that other party who will be mining the property, do the actual mining operation and removing the materials, has come into play as well. CHAIRMAN STRAIN: Okay. But if he's going to be speaking as a contract purchaser or landowner, does he need any authorization from the applicant and owner, who are the Hussey's, in order to do so today? MR. SCHMIDT: It's not my understanding that he's a contract purchaser. He's a contract miner. CHAIRMAN STRAIN: Contract miner, okay. But he's not representing the Hussey' s, he's representing himself, is that fair to say? MR. SCHMIDT: It is. CHAIRMAN STRAIN: Thank you. Sorry, Mr. Arnold. MR. ARNOLD: That's okay. Just so you know, we've obviously been in this process a while, and just remind you that an extensive amount of environmental work has gone into this request to amend the comprehensive plan to allow earth mining on this parcel. And as many of you realize, that when the rural fringe mixed use district and the rural standards were prepared, earth mining was one of the uses that was prohibited. And we are coming back to amend the plan to permit that use on this 950 acres. Page 41 6 arch �, 9007 We did go to the Environmental Advisory Council a couple of weeks ago. We did receive a positive vote from them. And several things came out at that hearing that were conditions of their approval. And I'm presuming that staff has that information in your hands, the list of the various conditions. There are a couple of things in there that probably need some clarification, because I don't think they were exactly consistent with my notes from that meeting, but we can deal with that later. I think it would probably be a lot more prudent to get right into the discussion that Mr. Bonness has to try to discuss with you where we are, why this makes sense, why there's a material here that we need, and how that is so important long -term into Collier County, and how we can still be good environmental stewards of the land, even with that mining resource on the property. And with that, if it's okay with the Chairman, I'd turn it over to Mr. Bonness to go through his presentation. CHAIRMAN STRAIN: Thank you. MR. BONNESS: Good morning. I'm Joe Bonness. I represent Southern Sandstone in Winchester Lakes. We have a 30 -year lease on the Hussey ranch to be able to excavate and mine the property. We have -- we entered into that lease back in, oh, I'd say about 2002 to be able to proceed with this. As you can see, we're located in several sections of land about four miles directly east of Collier Boulevard, 951. If you go on to the third page of what we have, I show we are mixed in there with the other mines and the landfill. We're about one mile east of the Collier County Landfill. And we will be adjoining property with the proposed Florida Rock Quarry and share about a half mile border with them. Immediately north of them is the current APAC Quarry, and basically we're sharing the same rock deposit for what's going on. The next page that I have shows the future current land use map. The Hussey ranch is marked in a green block. You can see that we are in the sending area of the North Belle Meade overlay, we're outside of the NRPA area, and we adjoin alongside the receiving North Belle Meade overlay area. The following chart that I have there shows the sections of land, how they have been parceled off over the years. And Section 31 immediately to the east of us and the section just north basically have all been broken down into pretty much five -acre parcels. There's a few 10, 15, 20 -acre parcels that are still left over there. And where this becomes relevant is from the TDR severance program, or TDR program, transfer of development rights. Basically this area was earmarked to be able to go into basically sending areas and be preserved for natural habitat that's in there. But because the land has risen in value, and because it is divided down into five -acre parcels, what we have seen is that the land value, according to the Collier County appraiser, is worth about $150,000 per five -acre parcel. About -- running in the neighborhood of about $30,000 per acre. The TDR program right now is working in the neighborhood of about between 25,000 to $29,000 per TDR that's severed. If a person takes the full brunt of -- or goes after all the TDRs, severs everything he has, that only comes out to about 110, $120,000 worth of value that they get from that stand. So what we're seeing is that the land value has exceeded what you can get from a TDR value; therefore, only one TDR -- or one parcel has had a TDR severance in all those adjoining acres to the east of us and to the north of us. The next one that I have showing current land uses, we've gone through from an aerial standpoint taking a look at about a year-old map and showing who owns the properties and what has happened. The properties to the east of us, I'm showing in red as having residential uses of their land at this point. The -- you've got the blue spots that show the cleared agricultural areas. And then you have the Page 42 161 10i March 22, 2007 tremendous amount of area that has already been purchased by the county possibly for landfill expansion. One of the things that came out in the staff report was this -- as far as to be considered -- the Hussey ranch is considered to be a corridor for wildlife into these lands. Well, as you can see the development of such, that that is not really going to be what you consider huge habitat areas that are over in that area. It's becoming residential, becoming landscaped yards and such. The Hussey ranch then becomes probably more so a buffer area between the wildlife areas that are out to the east and the residential and developed areas over to the west. And follow up with another quick slide there from -- a letter that was basically sent into Section 31, that there are other uses that are being heavily looked at in that area. They're reviewing that area to see if that's going to be a landfill expansion area, that whole section. So there are other areas that are going into it. The State of Florida is basically underneath an aggregate shortage at this point right now. We have seen in Collier County and throughout the State of Florida a dramatic increase in the price of hard rock throughout the state. There's a lot of motions and that that have come from the wildlife area to be able to knock out existing permits for where mines are, and have put a tremendous stress on the quarries throughout the state. The map that I show showing limestone, sand and resource areas comes from the DOT, shows the primary areas where material will be available throughout the state. And as you can see, the Collier, Lee and Charlotte County areas basically are one of the strategic areas for being able to find lime -rock resources in the State of Florida. The other one would be -- that we're getting material from is over at the lake belt area over in Miami. And other than that, we end up having to ship material all the way from Georgia generally to be able to bring it down to this area. That's done by rail, and as you know our rail resources are extremely limited. They're hardly used at all at this point. We've been shipping, from my company's standpoint, rail stone down to this area for many, many years. But because the extreme cost of being able to ship on Seminole Gulf, it usually is more proficient to be able to load it into trucks and be able to truck it down I -75 to get here. Collier County rock needs -- when this Belle Meade area was put on, I don't think there had been a study done as far as the actual resource needs that we were going to need in the county here. Since then we have gone out and polled the industry to fine out what they thought their needs are. The FDOT released an estimate of what they thought that Collier County was using. And the Lime -rock Aggregate Institute, not the association, but the institute, came up with their uses as to what would be going on in Collier County. From an industry standpoint, we believe that we're using about four million tons per year of aggregate, hard rock aggregate in Collier County. That doesn't include other earth mining activity such as fill and soft rock, base rock and that. The FDOT estimates that we're going to be using in the year 2004 (sic), 3.1 million tons per year. And from a demographic standpoint, Florida generally uses about seven tons of hard rock aggregate per year per person. This goes on not just because you moved into a town, but this goes on continuously. We're all continuously using materials and that as we rebuild. COMMISSIONER SCHIFFER: What's the cubic area of seven tons? MR. BONNESS: Cubic area of seven tons would be about one and a half times that -- the weight. A ton of hard rock is about 3,000 pounds. COMMISSIONER SCHIFFER: I was just -- just looking for the volume, that's all. MR. BONNESS: Oh, the volume? COMMISSIONER SCHIFFER: Yeah. MR. BONNESS: Yeah, from a mining standpoint, if we're digging it up from the ground -- to give Page 43 161 9' March 12, 007 you a volume as to what's going on, if we've got a 50 -foot deposit, we would probably be bringing up about 60,000 tons in that acre. COMMISSIONER SCHIFFER: I don't mean to interrupt, but just for reference, aren't the trucks on the road like 10 tons? MR. BONNESS: No, trucks on the road are 20 to 22 tons. COMMISSIONER SCHIFFER: So about a third of a truck a year. MR. BONNESS: Yeah, per person. Collier County of course is projected to reach a million people in population. I've seen projections that might happen by 2030. At that point our demographics would predict that we're going to need about seven to 10 million tons per year in that time frame. Our cumulative need by the year 2030 is projected to be close to 140 million tons of material. Currently in Collier County our hard rock supply, what we have permitted at this point, is APAC. They are the only source for DOT grade aggregates. And right now their projection is that they have at maximum a five -year supply, but I also heard that they're probably closer to a one to three -year supply because of all the draw that is on that material. Permit applications that are submitted with the county at this point is the Florida Rock Belle Meade Quarry that's going to have -- it's projected to have FDOT aggregate and probably base rock. They are submitting for about a 15 -year permit, so I would suspect a 15 -year supply. Just north of the Willow Run Quarry, San Marino PUD has got an application in, and they are projecting about four million tons. They may produce aggregate, but they -- because it's such a small deposit, there's a good chance that it will just come out as base rock at that point. Generally in Collier County's history our major quarries have produced about one million tons per plant per year. That has a lot to do with the cost of equipment. The more that you want to produce in a year, exponentially you have to increase the cost of the equipment that's going on, and it would have a lot to do with how big your deposit is and how you're going to amortize out the cost of your equipment. Usually the equipment is basically discarded when you're done with the quarry, because it -- after the rusting and the environmental factors, it's hard to move the equipment and get the value out again. Showing a couple of graphs in there as far as your geographic model units as to what we have in Collier County, we're working with the -- the top sediments that we have, your sands, basically Holocene sediment sands and that is very young, as far as its deposit in there. You have some cap rock that you see. Some of that rock is less than 5,000 years old. What we are primarily trying to mine in Collier County is the Pliocene limestone, which is above the Bonita marl layer. We're unique in the Florida area here, because we have basically a basin that has gone back and forth under water in the Collier County area and formed this separate sediment and deposit. In Lee County they're basically mining the Ochopee limestone, the bottom of the Tamiami stone basin. That comes closer to the surface up in Lee County. It dips down under most of Collier County, and basically arises back again to the surface in Ochopee, which is where it gets its name from. In that bowl that's inside of there, we have the Bonita marl layer that covers that. And on top of that the Pliocene limestone layer. I've got a geologic cross - section showing the different layers there that's in the blue, green and yellow, and that really shows primarily Lee County, but it kind of falls into Collier County. I haven't seen a cross - section of Collier County made. This is using a lot of the well data and that that you have. And you can see that when you get down to the Bonita Grand area, the southern area of Lee County, how our deposit does start to form. That's the Pliocene, which is basically your Pinecrest and Fort Thompson layers that are on the surface laying on top of the Bonita marl there. 5,_- ii 161 19� March 22, 2007 They have -- because of their location there and the Bonita marl being as thin as it is in that particular location, they're actually able to mine through that little bit of Bonita marl, and they are taking both deposits. They're going through both the Pliocene down in through the Ochopee. So they have some places that they are mining 100 feet deep on that particular deposit. Farther north in the Alice, pits, they are basically just in that lower Ochopee layer, and some of those pits will be running about 65, 70 feet deep to be able to take out their material. There's an interesting way that Collier County was basically set up during these late epoes and time frames. At one point, Collier County basically had fallen down underneath the sea level. Water washed directly across Collier County, washed all the sand off that was in that area except for basically what you call the Immokalee rise. That still had the Holocene sands and that that were on there, and they prevented deposit of rock in that area. As the land rose back up again, then you started having the formations and that that are in there. So when we're looking at the rock, what has happened is because the land stood proud during that water -- high water period, rock did not form in the eastern parts of the county. So we find that going on into the primarily orange map here showing lime -rock substratum, you can see how the rock has formed basically in the southern and eastern parts -- or southern and western parts of the county. And I've marked off where the existing hard rock mines are, where Hussey's mine -- or the HHH ranch mine would be, and where we have found soft rock excavations. Now some -- many of these excavations are closed up, are parts of developments and parts of you know, what we have down here. And what we found is because this Pliocene rock is so close to the surface that we're able to find out where it is, primarily just through looking through soils maps. And we have mapped out pretty much where we think the rock is from the soils maps. On top of that, I've gone and over -layed the effects of zoning as to what is currently available as far as where that rock deposit should be. And you can see from the maps that basically we have restricted down -- where we can mine down to just a very, very, very small amount. Down to about 2,500 acres that is possible to be able to find these deposits. And of course you have the application in right now that takes care of most of that, which is going to be the Florida Rock Belle Meade mine. And then after that there's a very, very limited amount of material that is available because of our current restrictions on mining. We understand that the parcel of land that we're looking at is environmentally sensitive. We've got a multitude of endangered species and that that are there. The most critical, from what we can see, is the RCWs. They do not move to a different location. They have to have the trees, the nests and that that they have there. We have gone through and mapped out exactly where they are at this point, located all of their nests, and taken it and then went further and mapped out what would be good habitat for them in the future. RCWs need a fairly large pine tree. So it's a tree that's been out there for, you know, 100 to 150 years, so it's unusual to find after basically Collier County has been logged off almost, you know, completely I think back in the Thirties and Forties. And there's very few old stands of pine trees that are still there. But we do have several of those old stands on site, and we have identified where we think is the very best habitat, the very good habitat and habitat that can be treated to be able to bring back up into land. The RCWs on this location, although they do have good habitat, they are in peril at this point. This land, to be able to be good for RCWs, should have been burnt with wildfires on a basis of every decade or less than that. It keeps down the invaded species, it keeps the -- or invasive plants and that, Sable palms and such. And what we have is now, in areas of that, we have 20 years of pine needle fuel that's out there, very prone to wildfires. if the wildfires come through there, it would be hot enough that they kill off the Page 45 pt Mach 22, 2� 007 nesting trees. The nesting trees are also being usurped by other animals that are out there: Red bellied woodpeckers and squirrels and such, and they're having a hard time making it through here. Hurricane Wilma itself took out several of the nesting trees. They need -- cockaded woodpeckers looking for a tree that's got a soft heart and basically a little bit of rot in the center but a live tree, away from other trees that grow in parallel. You cant have vines, because the vines provide access for snakes and that to come up and eat their eggs. But because they're building these nests up in the tops of these trees, they actually weaken the trees, so when you have a high wind stage coming through, the trees lose their tops at the nest. We have taken -- with that in mind, we have taken a look closely at the RCW habitat, tried to maintain that as best as we can, and have proposed our lake areas to be able to miss that. I've got a sheet in there that shows how we have dovetailed in the lakes and that to be able to miss primarily the RCWs with what we have there. So we've done a large work on that. And we have a habitat management plan that's in there for RCWs that would provide for a lot of human intervention to be able to keep the RCWs going there. We will have prescribed bums. They'll go in and take out the exotic plant species, the cabbage palms and that that are basically invading their area. We will improve the understructure through the controlled burns, and we will go in and put in nest restrictors and artificial cavities to be able to get them going. Human intervention is necessary to keep these two clusters going, and we think that we'll be able to start a third cluster in the center of the property. Collier County mines have developed dramatically over the years. I've got a picture there of mines from the Seventies. That's basically the APAC Quarry; mine out everything that you have there basically within 50 foot of their perimeters. As we went on further into Collier County, we found that there's basically an attraction to be around these lakes, so you saw that you started having development forming around. I've got a picture of Crown Pointe; that was one of the lime -rock quarries off of Davis Boulevard. But then as we went further into it, then you started to get even more environmental concerns. And in the Nineties we started designing that with the idea of being able to be very consistent with nature and to work with it. I've got a picture of the Shady Hollow fill pits in there, and you can see how when we had finished with that, basically almost all the lakes that are put back into the environment, they're basically natural and never going to be developed. Probably one of the best fishing spots in Collier County at this point. And, you know, it's got just about everything that you can think of There's been panthers that like to visit this area. It's sucked out most of the alligators out at Corkscrew, because they thought that this was a better habitat than where they were at. But one of the proposals we have is to have an asphalt plant on the site. I know that the thought of having heavy industrial sitting in the midst of basically preserve and, you know, very wild areas sounds like it's the opposite of what should be out there. I've been working in asphalt operations basically since I was 18 years old, and we've seen things that show tremendously different as to what that is. I'm showing a plant site that we have up in Highlands County where our neighbors there is the Archibald Biological Laboratories. They are out there in pith helmets studying the frogs and ants and everything else on that property. They are one of the foremost biological stations in the United States, and they watch very, very closely as to what we're doing. They were very opposed to us coming into and setting up our asphalt plant at the time that we did. Subsequent to that, a few years later after we had the plant set up, we find them out there in our March 22, 2007 stockpiles with their pith helmets and binoculars, taking a look at what's going on. We had had a southern kestrel that had come to roost, and roosted continuously on the asphalt plant. We have found this also in Collier County where we had an asphalt plant on Shirley Street. We had just a beautiful signature cypress tree that was only 100 feet, maybe, away from the asphalt plant. It had a great homed owl nest in it. The great homed owl moved over to the asphalt plant and roosted on that asphalt plant until we closed it down. Year after year we would take clutches of young fledgling grey -horned owls and ship them down to The Conservancy and they would finish the raising of them when they got to the point of fledgling. The wildlife itself is not very opposed to what we have. We have the asphalt plant out at Willow Run right now. That ones we have continuous visitors of eagles and, believe it or not, panthers that love to walk on through that area. I've got a quick picture of one of the asphalt plants that we had in Arcadia area. And you can make them so that they are designed so that they work very closely hand -in -hand with nature, and they are not really a distraction from that. There was a study done by Florida Wildlife -- Fish Game and Wildlife, and it is the least crossed pathways for Florida panthers. In that study they came up and ranked areas that they thought were as to what the cost was for panthers to be able to go through those areas. The first -- to the left side it shows what the cost value is for panthers crossing these areas. Of course roads are about the worst areas. It's got a cost of 20. You know, very hazardous for them, so they pay a tremendous toll to be able to cross roads. Quarries basically fall into the habitat of being barren lands. And as you can see, they are considered to be in the very, very low ranking as to the cost for panthers to be able to go through those areas. They're ranked as a three. Basically ranked as a better area for panthers to cross than even pine forest and grassland pastures. We have seen this many times with the panthers that love to be able to wander through the quarry. On the right side is another part of that study that goes on and ranks habitats according to how panthers would like them to be. You know, obviously zero for water, they don't like crossing water. Also strands and that. Although recently we've seen that panthers will actually habitat that area, too. But the barren land again is one of the highest ranked areas for panthers to be able to use as habitat. It's excellent hunting for them. They can see their prey; it's easy for them to get around. Wildlife at our current quarry down at Willow Run, you can see the pictures of the various tracks and that. You can see the equipment off in the background. We've -- those are panther tracks. And along with them we have either kittens or bobcats, because we have two different sizes of panther tracks in there. Got pictures of one of our visitors on the northern comer of the Willow Run Quarry, un- collared panther taking down one of our neighbors -- I think it was emu at the time. But he's got a set camera out there and watches. I personally have seen the panthers out there on the property. I keep getting reports from my workers out there about the panthers coming through and visiting during the day. And even last Wednesday two of us saw one of the panthers out there at different times. They're not very shy anymore. Basically I think these are Texas cougars and their shyness is much lower than it was for the original Florida panthers. Working hand -in -hand with the wildlife, we have set up at that particular quarry a gopher tortoise preserve. It's been studied quite extensively, and it has been very successful for translocation portion. We are planning on putting in a gopher tortoise preserve on this property. There's a huge parcel of Page 47 16 a March 22, 2007 land in there that we're seeing away. Beautiful uplands, probably excellent rock underneath it. But it's also good cockaded woodpecker habitat. And it should be a good translocation area for gopher tortoises. So there should be no reason for a taking of a Gopher Tortoise in this county. But the reason why I brought up and talked about the panther so heavily is that what we're seeing is that the panthers are an umbrella species. If the panthers survive and like the area, that basically is showing that everything that's underneath them that they prey off of and that also work very symbiotically with what we're doing with the quarries. And working with that, we know that we can -- from a quarry standpoint we can bring this about to the point where we have minimized and reduced all of our impacts to the wildlife on the area. We've also been working with transportation and that to be able to try and get access for the North Belle Meade area, and working with the adjoining quarry. So we have designed a couple of different haul roads. The one that goes through the cockaded woodpecker areas and that, we have come up with this concept of trying to keep the road right -of -ways as thin as possible so that we do not distract from them. Cockaded woodpeckers are vulnerable to aerial prey: Hawks, eagles and such. So we've designed basically a set of one -way pairs so it would be a nice rural cross - section, hopefully more like a park setting, and so that the woodpeckers can get across the roadway very easily without falling prey to other animals. So we've worked very closely with that. The quarry itself should produce somewhere in the neighborhood of about 36 million tons of rock. That rock right now, because we're only being supplied by one quarry, and from what we can see in the future, even the future quarries coming on, that rock would end up, having coming down I -75, represents about one and a half million truckloads of material that would have come down I -75 if this quarry's not in place. And that is part of what -- you know, from a planning standpoint, that is one of our perils that we had in the past is that we had been forcing our material to come from basically the Alico and Fort Myers pits and coming down here. So the action of having the quarry and the asphalt plant in there will actually reduce traffic tremendously. One of the things that you're seeing continuously right now is the number of dump trucks that are up and down I -75. There's no alternative. We need the material; it's going to come from someplace. Fort Myers is the closest place. So what we're running into is that that material is necessarily being shipped down I -75. We estimated that at any one time of the day that there are 100 trucks that are out there delivering the material that is necessary for Collier County's concrete asphalt plants and building industry down here. We've seen that by not having the material here, all we do is increase the impacts. Then again, when you're going into Fort Myers, you're also into panther habitat, and they have their own wildlife concerns. That's why we've seen some of their pits and quarries turned down. Anyways, I've got just a couple of other slides. They're basically showing what the ranch was allowed to be able to do from a right to farm by doing a -- you know, we've discussed this with Vero Beach, the Fish Game and Wildlife (sic). And by minimizing and staying away from the endangered species, we probably would be able to clear a tremendous amount of the property from a Right to Farming Act. We find that what we're proposing from the quarry standpoint basically is even minimizing the impacts even farther. One of the concessions that we have made on this proposal is basically the entire parcel, the 950 acres, when we have completed with the mining, will go into conservation easement. There will not be any building on this site when we are done. 9MIM94 161 19� March 22, 2007 We have also conceded that we will have an 80 percent vegetation retention, which is consistent with the Belle Meade sending area plant. We may have to go off -site to be able to add additional acreage to be able to meet that 80 percent of vegetation retention, but that's what we are planning on doing at this point. Let's see, other -- CHAIRMAN STRAIN: Mr. Bonness we had made a note we wanted to break at 11:30, so why don't we take that now and we'll come back at 12:32. And I would ask that the Planning Commissioners please be on time and we can start right up at that point. Thank you all. Take a one -hour break. (Lunch recess.) CHAIRMAN STRAIN: Okay, everyone, if you could return to your seats and quiet town a little bit, we're going to resume the meeting. When we had taken the lunch break, we had left off with the applicant finishing up their presentation on CP- 2005 -12, the Hussey mining application. (Recess.) CHAIRMAN STRAIN: Okay, everyone, if you could return to your seats and quiet town a little bit, we're going to resume the meeting. When we had taken the lunch break, we had left off with the applicant finishing up their presentation on CP- 2005 -12, the Hussey mining application. And Mr. Yovanovich, I see you're standing up there now. Is there -- where are we going? MR. YOVANOVICH: Where are we going? CHAIRMAN STRAIN: Where are we going? MR. YOVANOVICH: We're going to continue on with our presentation and address -- and discuss what happened at the advisory -- Environmental Advisory Council meeting. CHAIRMAN STRAIN: Cherie', can you hear him okay? THE COURT REPORTER: Yes, thank you. MR. YOVANOVICH: Am I talking slow enough? Before the EAC meeting occurred, four EAC members visited the site, so they had firsthand knowledge of the site when they were considering the petition and our presentation. And your staff raised several environmental issues in the EAC report, as well as in the report to you all. And the EAC, after our detailed presentation, much of it you've already seen with what Mr. Bonness presented to you. We also had Roy DeLotelle there answering any RCW questions that the EAC had. We agreed to several stipulations that address the EAC's concerns and we believe address the issues raised by staff. Of primary concern, it appeared to be what was going to be the impact of our proposal on the RCW. Mr. DeLotelle, who I think we would all agree is a noted expert on RCWs, testified that our plan will not negatively impact the RCW, and in fact would benefit the RCW. We went through and you saw in one of the slides the limited area of where we propose our activity, and it's roughly 400 acres of the 950 acres. Your staff was concerned that we did not provide enough site detail in our application. This year's process was a little bit different than the processes we were used to in the past where there was actually discussion between staff and us before a staff report was written. So we really didn't know what the staffs concerns were until we got the staff report for the EAC. So we were prepared and did address the issues raised by your staff. The first one was not enough details on the areas that we propose to mine. Which we went through and we identified. In your exhibits the two blue lakes are the areas that we will mine and limit our activity to that area. I do not know if staff provided you with that information in the supplemental staff report. We did provide it at the EAC and we agreed to be bound by it. But needless to say, Mr. Bonness has provided that 16 1 1W March 22, 2007 information to you today. Staff originally wanted us to agree to an 80 percent native vegetation requirement; 40 percent on -site, 40 percent off -site. The EAC requested and we agreed to an 80 percent native vegetation requirement versus the 40 percent we originally submitted, with 55 percent being on -site and up to 25 percent being off -site. We were requested that there would be no road construction during RCW nesting season, and we agreed to that. The RCW management plan requires that there will be no blasting within 400 feet of any RCW nest, and your staff went through and reviewed our RCW management plan and acknowledged that it was sufficient, based upon the required plans within your comprehensive plan. We agree that there would be no residential development on the property at all after we are completed with the mining activities. We also agree that the entirety of the property would go into a conservation easement. There was a lot of discussion about our ability to participate in the TDR process. Now, keep in mind, the TDR process was designed with the intent of compensating property owners for taking away their ability to develop these lands when you designate them as sending. Because before that time period you were allowed to develop at one unit per five acres. So we came up with a TDR process to compensate for the one unit per five acres. What the TDR process did not do and does not do is compensate property owners for other property rights they have related to the property. One of those rights that we had was the ability to request earth mining on the property. That's a very valuable right. And that right is the subject of a Burt Harris claim with the county and their significant dollars associated with that Burt Harris claim. Because as Mr. Bonness pointed out, there's a lot of valuable minerals and rock below the surface of this property that the property owner was not compensated for through the TDR process. There is a tremendous amount of public benefit related to our project. We are identifying specific areas that will be mined or not be mined and put into preserve area. Through the TDR process, the area where we are mining, the TDRs we generate from that, the funds we generate from selling those TDRs will be placed in an endowment fund, which will be utilized by the board and will appoint basically whoever you want to this board to make sure that the funds are appropriately spent on addressing native habitat and listed species issues. We committed to that to the EAC. That's one of the public benefits. Another public benefit is we will go in and clean up the area, as we'll be required to do through our Army Corps of Engineers and Water Management District and DEP permits. We will clean up the native vegetation areas that Mr. Bonness has already pointed out to you are not doing very well right now. So we will be responsible for doing that at our expense. We will also be making rock available in close proximity to the county. And I don't think a day doesn't go by where people aren't talking about the scarcity of rock in Collier County and what it costs to build public roads and how it affects development costs around Collier County. We submit to you that that is a tremendous public benefit for this project. We are still subject to all environmental permitting that is associated with earth mining. We will still have to get a Corps permit, we will still have to get a DEP mining permit. Those agencies will protect the listed species when we go through this process. We're confident that we'll get through that process with an earth mine that will be environmentally sensitive. We'll address all the concerns of those agencies. And really, that's what the whole sending lands was about in the first place is trying to protect habitat for listed species and making sure that development works with the listed species. So we believe that our proposal is consistent -- or addresses all of the staff concerns raised. Your summary sheet of the Environmental Advisory Council considerations is not 100 percent Page 50 161 1 o► March 22, 2007 accurate. Most of it is. We agree to 15 acres of littoral zones. We didn't agree to 15 percent of the surface area being littoral zones. We did not agree that all of the TDRs generated from the site would go into the endowment. We only agreed that the TDRs from the lakes would go into the endowment. Other than that, I think the summary is correct as to what the EAC voted on. At the EAC they spent a lot of time. They even -- as I said, they did site visits. They took the evaluation of the impacts of this proposal on the environment very seriously. We had a very long hearing. At the end of the day it was a recommendation from the EAC to recommend transmittal of our proposal 5 -2. 1 found one of the no votes interesting. He suggested voting no because maybe that would put more pressure onto us to give more to the county through this process of getting a comp. plan approved. But nevertheless, five out of the seven that were present, recommended transmittal. With that, we're requesting that the Planning Commission transmit our petition to the Board of County Commissioners with a recommendation of transmittal. And with that, we'll be able to answer any questions you may have regarding our request. CHAIRMAN STRAIN: Okay. We'll start with the applicant. Any questions? Mr. Midney? COMMISSIONER MIDNEY: I heard the previous speaker talk about that you might have to go off -site to meet the native vegetation requirements? MR. YOVANOVICH: No, what he said was we have an obligation of maintaining 80 percent. We are obligated to do a minimum of -- of 55 percent of that 80 percent on -site. He's talking about 25 -- we may go off -site for 25 percent of -- COMMISSIONER MIDNEY: Are you allowed to go off -site for your native vegetation requirements? MR. YOVANOVICH: Are we allowed to go off -site? We are requesting the ability to go -- we had requested a native vegetation requirement of 40 percent of the site, consistent with the neutral land designation; that is, 60 percent not to exceed 40 percent of the site. Through staffs comments, staff wanted a 40 per -- they said if you were going to prove it, 40 percent on -site, 40 percent off -site. The EAC -- we had at that point countered 60 percent with 55 percent on -site, five percent off -site. The EAC said no, we really want 80 percent, and we will accept 55 percent on -site, 25 percent off -site. So that's where that -- COMMISSIONER MIDNEY: So that's consistent with the way the law is, that youre allowed to keep less of the native vegetation on the requirement and buy credits or buy land off -site, do it that way? MR. YOVANOVICH: If this comprehensive plan amendment is approved, yes. COMMISSIONER MIDNEY: Are you proposing to develop the land and ask for TDRs at the same time? MR. YOVANOVICH: Develop the land? COMMISSIONER MIDNEY: To develop what you want to do there with the lakes and the mining and ask for the TDRs as well. MR. YOVANOVICH: Yes. We had that right before the adoption of the sending land, neutral land and receiving land criteria. We had both the rights to develop residential and the right to mine the property. So we're just asking to be in the same position we were before the comprehensive plan was changed. CHAIRMAN STRAIN: Okay, any other questions? (No response.) Page 51 L� March 22, 2007 CHAIRMAN STRAIN: One clarification for the record. Mr. Murray had to leave, so he won't be back for the rest of today, so we'll be short his presence. Richard, the EIS that was supplied with this, are you the one that would answer most of the questions on that? MR. YOVANOVICH: I don't think so. CHAIRMAN STRAIN: I didn't either, but do you have someone who does? MR. YOVANOVICH: Maureen Bonness can answer those questions. MS. BONNESS: Maureen Bonness, with Southern Sand and Stone. CHAIRMAN STRAIN: Hi. Are you related to the gentleman who made the presentation? MS. BONNESS: I'm his sister. CHAIRMAN STRAIN: In the EIS, the question is, indicate how the project design minimized impacts on wetlands. And the answer was, unfortunately, due to the nature of a mining operation with large excavation areas, it is difficult to work around small areas of wetland. However, attempts have been made to keep the impacts to lower quality wetlands. The mine will enhance and preserve 411 acres of wetlands on the property. My question is, when you dig an excavation near wetlands within -- even a considerable distance from the wetlands, you have an impact on the hydrological drawdown of those wetlands. How are you planning to address that? MS. BONNESS: Part of the impact with the lake is that the water's going to sit there. It's not like a canal that's going to draw the water away. A canal would have a much greater impact on the hydrology adjacent to the lake. As far as the lake is concerned, it will hold water. It may draw down water from some areas during some of the season. Other seasons, like during the wetter season, it may actually push water into them. So it will probably have some effect. But it's not as severe as that of a canal. And actually, l don't know if there's any good studies that show exactly what does happen next to a lake that's created to a wetland. And I would suggest maybe that's something the endowment should do if the endowment gets created. CHAIRMAN STRAIN: One of the things that you're doing is taking out a lime -rock layer. And it's hard rock and fractured rock and other parts, which does act as a holding and confining layer to water. It would seem to me that if you dig a lake and you're looking at depth greater than that lim -erock layer goes, you'd be penetrating that layer, opening up the lake for more percolation into lower aquifers. And I think you may not see the surface area that hold as much water and protect the wetlands because of the hydrological drawdown that you're going to have by really moving into the lake and not supporting a higher groundwater table that's there if the lake wasn't there. So I'm not sure that I agree with your statement, but I don't know, if you haven't studied it and -- you guys have not studied it and provided it or know of anybody that has, I'm not sure you're going to have my answer. MS. BONNESS: From my own experience at Willow Run with the -- there is a pop ash slough fairly close to the quarry at Willow Run. And from my experience there, the high water is still as high as it was before. I don't know about how long, but it appears -- I don't see a difference in the vegetation after we've been mining thereabout 10 years. CHAIRMAN STRAIN: From your perspective, though, in the EIS, you did not provide any hydrological analysis of the site? MS. BONNESS: The hydrological analysis of the site was done by a separate consultant, Brown Collins. CHAIRMAN STRAIN: Okay. I didn't remember seeing that. I must have missed it. Page 52 161 10 March 22, 2007 MS. BONNESS: He's here, if you would like to ask him questions. CHAIRMAN STRAIN: Maybe I missed his report. If I did I'll -- or if I read it, I may not have a question on it if it didn't address the issue I'm talking about. Yes, I certainly would like to know what his thoughts might be. COMMISSIONER MIDNEY: Mark? CHAIRMAN STRAIN: Yes, sir, Mr. Midney? COMMISSIONER MIDNEY: As a point of information, you get a lot more evaporation off of an open body of water than you would over natural vegetation. So it definitely is going to affect the hydrology that way. CHAIRMAN STRAIN: Yes, sir, would you mind stating your name for the record, please? MR. COLLINS: Yes, Brown Collins. Brown like the color is my first name. And let me qualify what I perceive to be my expertise. I'm a plant ecologist, and I've been certified as a soils scientist. So I'm not a geo- hydrologist. But I can certainly speak to the vigor of wetlands in this area around mine excavations. I've got considerable experience looking at those. CHAIRMAN STRAIN: But can you speak to the impacts of hydrology in regards to those wetlands and open mining that go and penetrate confining layers such as lime -rock and move into different tables of water? MR. COLLINS: A couple of things. I preface my lack of expertise as a geo - hydrologist. But confining layers, to my understanding, are the layers, as I generally hear the groundwater people discuss them that are beneath the lime -rock deposit that's being mined. And they're usually some sort of grayish, bluish sort of clay that confines the water, as I understand it. I don't -- looking at what I have seen in any mining operation here, I've seen no one proposed to go below the confining layer -- or into the confining layer. CHAIRMAN STRAIN: Well, before you go further, let me correct that statement then. In regards to the lime -rock, do you see the lime -rock as a confinement or a holding layer for the water above it? MR. COLLINS: Again, that's geo - hydrology. It's not my expertise. What I understand is basically much of what I look at as a plant ecologist in dealing with the wetlands here are the upper, you know, three, four, five feet of soil and then perhaps a cap rock. And that is usually -- I look from that point up. Usually the top five feet. Because that's what affects, to my experience, the vegetation much more than whatever they're doing, you know, far deeper than that. And working on mines in Collier County and Lee County and a variety of other places in Florida, where you see the isolated sorts of hole in a donut wetlands there were left in some of the earlier mines years ago. By the Bonita Grande mine in Bonita Springs is a decent example. They have some small wetlands that have been there, you know, I don't know, 10, 15 years, where they've been mined around. And from -- I've not done extensive studies, but I've sampled them, I've looked at them. And the plants appear vigorous. There's reproduction. The under -story components are consistent with a higher grade wetland. It's not like you get around Tampa or Plant City or further north where there have been just some considerable impacts from mines and drawdown. The West Coast Water Authority is an example of that. CHAIRMAN STRAIN: Thank you, sir, for your information. I appreciate it. I have other questions, so did you have something -- MR. ARNOLD: If I might, Mr. Strain. I think it might be appropriate to have Joe Bonness come back up and maybe describe to you how we're going down. I don't think we're breaching the confining layer to another aquifer that was discussed, and if that -- Page 53 March 22, 2007 CHAIRMAN STRAIN: I already acknowledged that. I understand -- my reference was referring to really the lime -rock layer. You are breaching that. So that's the only point I was trying to make. I didn't intend to infer there's another layer below that. I was concerned about the lime -rock layer. MR. ARNOLD: Right. But I think the point was that the lime -rock itself is not a confining layer between an aquifer, and I think that's where that terminology goes to I believe the way we deal with a confining layer separates the aquifers. CHAIRMAN STRAIN: Okay. I was -- my contention is that the lime -rock layer would potentially be a deterrent for faster percolation of surface waters. And I didn't know if you had any hydrological analysis to dispute that or not. And if you don't, that's okay. I asked the question. MR. ARNOLD: Well, one of the things that Mr. Collins didn't tell you is that he's been monitoring and has -- we have well sites throughout this piece of property where we've been collecting hydro data about the wetland elevations and the water levels and the quality of those wetlands, and if it's an appropriate time, maybe he could share with you that. Because 1 think it goes hand -in -hand with the issue. I think your issue's going to be are we going to have a detrimental affect on the wetlands that are present if we mine near it. And I know from other mines that we're involved with in Lee County, we have a certain setback requirement, 50 feet from any wetland. And there's long -term data that's been collected that hasn't shown, at least on the mines that Dean Smith and I have been involved in, that there's any detriment to the wetlands that are near there. CHAIRMAN STRAIN: Well, I can really make it summary is that basically you're going to try to preserve and enhance the wetlands, according to the language provided. My concern is that when you claim to enhance something, you can't at the same time have a detrimental effect to it by some porous surface sands being drawn into -- percolating into a lower body of water because you've dug a large hole as a mining pit. And if that happened and you started draining those wetlands, I'm not sure the word enhancement is the right word. So, I mean, that's where I'm going. That's the direction I'm going. And if you've got something that can help that explanation, that's fine. MR. ARNOLD: Do you have something that can help with that? Okay, Mr. Collins would like to address that. CHAIRMAN STRAIN: Sure. MR. COLLINS: Can I answer -- I want to answer your question, but can I talk about what we're looking at that's there now and then move to enhancement? I'm not trying to avoid -- CHAIRMAN STRAIN: Whatever the best way for you to respond, that's okay -- MR. COLLINS: Oh, I'm not sure it's the best; it's the way that's most logical to me. We've been monitoring shallow groundwater levels throughout this site since early 2004, I believe. We have several wells scattered across the site. And as the data came in and we began to see trends, we added some to try to, you know, connect the dots better and understand what we were looking at. Based on these data, we collect them monthly during the dry season and weekly during the rainy season. So we have a lot of -- well, a lot of data over at this period, a period of years. And much of these wetland areas where you see cypress or pop ash or these sorts of things that were traditionally I think beautiful wetlands and vigorous are more degraded than I would have expected. You have a lot of cabbage palm influence. The succession in them is to cabbage palm rather than cypress. You see, even age stands and the reproduction that takes place is in the interior cabbage palm at the margins, bumelia and pepper and that sort of thing. Not certainly as vigorous as they once were. Wetlands are generally in the eye of the beholder. The federal government has one set of wetland criteria; the state government has a separate one. Under either of these, much of the land that, if you go to Page 54 161 March 22, 20107 the site and walk through the wetlands, does not appear to meet the hydrologic criteria of either of these entities. And I am pretty sure they're in decline. We don't have nearly enough data to say how far down the curve or how steep the slope of the curve is. But unless something changes, it's not going to get any better. And I suspect it will just get worse. And working in mines in Lee County and a little bit here, we try to -- and it's almost counterintuitive to increase some of the hydro period in these through a variety of techniques. And it doesn't -- you know, I don't think we can ever make it what it once was. But making it better than what it is now is pretty straightforward. CHAIRMAN STRAIN: Thank you, sir. MR. COLLINS: Sure. CHAIRMAN STRAIN: Are you moving -- who's going to be answering the -- well, I guess there's a variety of questions, so you'll have to pick and choose. By the way, your statement about the lime -rock, is the lime -rock a continuous layer across this property? MR. ARNOLD: I can refer to Mr. Bonness. I don't think it's a consistent layer. I think it varies what I heard him say, in thickness. CHAIRMAN STRAIN: Well, it varies in thickness, it varies in shape, and it varies in type. I know that because I've got your soil test. We'll be discussing those for sure. But I've determined something from the soils test. I just want to ask you or Mr. Bonness, is the layer considered continuous on your property? MR. ARNOLD: I'll defer to Joe Bonness for that. MR. BONNESS: What you're looking at on the soils test or the borings that you see is pretty much what you see throughout this area, is that you have multiple layers of rock between Pinecrest and Fort Thompson layers and that. And it builds up basically in islands of rock throughout the different sediment layers and that as they build up. And from what we've seen, there are some holes throughout the area where the lime -rock is not as present. And those layers -- each layer will discontinue in different areas. You've got the Bonita marl layer that's underneath at places in the property that rises on up, and so the rock layers above it are thinner and you have areas where the rock is fairly thick. So from a consistency standpoint, we were trying to stay where we put the lakes into what we felt was a consistent layer of rock. You know, obviously we don't have 1,000 borings out there. We'd have to upset an awful lot of landscaping to be able to take 1,000 borings. So what we have is a kind of an indicator of what we have. And as we get into excavation we find out a lot more. CHAIRMAN STRAIN: Let me ask my question in a different way. Do you have any borings that do not show lime -rock? MR. BONNESS: In the southeastern sections of the property the lime -rock started to get very porous and very thin. CHAIRMAN STRAIN: Okay. But my question, do you have any borings that do not show lime - rock? MR. BONNESS: Yeah, that would show lime -rock in that area, but it wouldn't — lime -rock is basically a sediment that contains a high percentage of lime, calcium carbonates, and anything that you run into that's underneath the Holocene area is probably going to be classified as being lime -rock. What we're looking for is a different terminology that we usually go for is limestone which is the hardest stuff that you're seeing in there, where we have blow counts over 25 to be able to penetrate a couple of inches. And that's the material that we're really after. Page 55 16� i w4arch 9, 2007 CHAIRMAN STRAIN: I'm still trying to get to my question. Do you have any portion of your site -- and I'll keeping changing my request more in line with what you're trying to say, but at some point I'll need an answer. Do you have any boring that does not show moderately hard limestone present on that site? MR. BONNESS: Yes. CHAIRMAN STRAIN: Okay. Would you take the time and tell me what boring numbers those are while I go on with the other questions that I have? Since I know you must have your boring logs. And Mr. Arnold, in the EIS, there was a statement that said -- its number four, list immediate short-term and long -term impacts on the environment. And under the short term -- and its Page 28 of 28. You want to pull it out before I ask the question? MR. ARNOLD: Sure, I will. I'm probably going to defer to Ms. Bonness, but I will -- of the EIS you're looking at, the one that was prepared? CHAIRMAN STRAIN: Yes, on Page 28. MR. ARNOLD: Okay. I just wanted to make sure. CHAIRMAN STRAIN: Well, this is more of an operational question, that's why I'm asking. MR. ARNOLD: I think I'm there. Ask your question and then I'll know if I am. CHAIRMAN STRAIN: It says, list the immediate short-term and long -term impacts to the environment. And under the short term you listed blasting and mining activity noise and trucking activity. And then under long term, approximately 357 acres of uplands and wetlands are proposed for mining. Under the short term, blasting and mining activities and trucking activities, how long do you consider short term? Because I thought you were going to be out there for a couple of decades. Is that not accurate? MR. ARNOLD: I can't answer for -- yes, I think the intent is that this is a 20 plus or minus year activity. But I think the blasting itself is a short-term event that only occurs occasionally, and then the lime - rock is mined. CHAIRMAN STRAIN: Well, how about the mining activity noise and the trucking activity? I don't think those are short term, I think those would be long term because they're going to go on for the length of time you're going to be utilizing the site, isn't it? MR. ARNOLD: Yes, I think that's a correct statement that the mining activities are ongoing and there's obviously truck traffic in there on the days that there's mining activity occurring. CHAIRMAN STRAIN: Okay, that's the only part of that question. You can save your time in going though it. You have an out - parcel that by the stuff we receive today it shows it's surrounded by lake. Who owns that out - parcel that's in the middle of that lake, and how will they get to it? MR. ARNOLD: I don't know exactly who owns it, but I know that Mr. Bonness has had dealings with that individual and they'll be provided legal access. The same question came up at the EAC hearing. CHAIRMAN STRAIN: How do they get legal access if you're building a lake around them? MR. ARNOLD: They may be provided -- looks like Rich wants to -- MR. YOVANOVICH: I'm song. That's an area of potential impact, that entire area. That's not the entire lake. We will have to provide them access to that parcel. CHAIRMAN STRAIN: Okay, well, let's go back to what we received in this handout. I thought it said that was where you were going to put lakes. I must have misread it then. MR. YOVANOVICH: No, that's the -- we agreed that our activity is limited to a 400 -acre area. CHAIRMAN STRAIN: No, it says in this handout proposed lake areas, and it colors them in blue. They're not the lake area -- Page 56 161 10 March 22, 2007 MR. YOVANOVICH: It is the proposed lake area; however, it will be shaped however it will be within that area based upon permits we receive. And we will also be required to provide access to that individual because we cannot take away legal access to the property. CHAIRMAN STRAIN: Okay. I understand what you've said. I'm not sure I agree with it. But -- MR. YOVANOVICH: Well, there are other examples where PUDs have been approved with a, quote, hole in the donut. And an example would be Olde Cypress. They rezoned around it and were required to provide legal access to the hole in the donut. We have to do the same thing. CHAIRMAN STRAIN: When they rezoned it, did they show lakes around the area? MR. YOVANOVICH: They showed development all around it. And we'll also be providing access, because that's not the final configuration of the lakes. CHAIRMAN STRAIN: On the document you provided, it looks like its part of a traffic study. I don't know how to refer to it, because there's no title page in the project, the piece that I received. It's one of the elements that were submitted. But there's a trip assignment, an existing traffic and then discussion. It says that the addition of the projected 14 trip ends for the project will have little impact on roadway network surrounding the project. I'm just wondering, how does that balance into the project? Because I thought you were doing more than 14 trip ends. I'm trying to figure how this piece fits into the project submission that we received. And it's -- I don't know who put this document together, but its just -- it's the page past the division of historical resources letter. MR. ARNOLD: In mine the traffic impact statement occurs after the exhibit that's titled Traffic Impact Statement, and it's one of the last documents in the package, the last tab -- one of the last tabs. But I think what you're referring to comes from that. If there was something in copying that ended up in the wrong place, I apologize for that, because we did prepare the packets for staff. CHAIRMAN STRAIN: If that comes from the traffic impact statement -- I'm just wondering what it means when it says the addition of the projected 14 trip ends for the project will have little impact on the roadway network surrounding the project. That just -- the amount of mining going on here and the amount of yards I've heard discussed and the amount of yards you can fit per truck, I'm just wondering how factual that statement is. MR. SMITH: Sony, I think I can answer your question, Mr. Strain. Dean Smith, for the record. If you'd look at the full trip generation report and the TIS, we calculate a peak hour volume for the project. It's actually 51 trip ends total. The peak direction peak hour trips, once they're distributed to the roadway, is the 14 trips that are there. Once we get out to Collier Boulevard, the traffic is going to split approximately evenly. And the maximum number of trips that we have in any single direction is 28. So when we split those in the two directions, it's 14. CHAIRMAN STRAIN: Sure makes it sound very small, doesn't it? MR. SMITH: It does make it sound small. That includes the truck trips, as well as some employee trips during the peak hour. CHAIRMAN STRAIN: Nice way of staring it, I guess. Thank you, sir. Do you have time to look at the soil borings, Mr. Berson (sic)? MR. BONNESS: Joe Bonness. CHAIRMAN STRAIN: Joe Bonness, I'm sorry. MR. BONNESS: Yeah, Mark, I reviewed back through them. I know that when we were out there doing borings, we did two different types of borings. We went through and just did a resistance boring at Page 57 161 19k March 22, 2007 one point. But what I have from the Nastek (phonetic) report where we were actually taking split point samples and that, that shows a consistent layer, albeit it might be about five foot deep in a few areas, but consistent layer of hard rock that goes over the entire area that we tested with that. But I do know that when we were out there doing resistance boring, I did encounter one area that was definitely a sinkhole that was just primarily muck going down for as deep as we went, you know. And I know where that particular pocket is. It's over in one of the pop ash slough areas that are off on the side. CHAIRMAN STRAIN: Well, the data provided, though -- the data that I've got is the same as apparently now you had, because I could not find an opening in that lime -rock, based on the data that I received. MR. BONNESS: No, you've got a hard rock shell that runs over that whole area. CHAIRMAN STRAIN: The reason I pointed that out is because a statement made earlier about a confining layer. Several years ago I got into an issue with South Florida Water Management District on an excavation that I was involved with, and there was lime -rock present, good lime -rock, and because it was -- and they made it very clear, and we had some trouble with, what South Florida considered lime -rock a confining layer later. Until I went back and proved to them that the lime -rock was more or less fractured boulders sporadically throughout the site. Once they realized that, they realized it couldn't be a confining layer. Now, based on the data just received and that you've just reviewed, as well as I, this is a continuous layer. So I'm wondering, in my reference to a confining layer earlier, it would seem to me that under the experience that I've had that this lime -rock being continuous might be considered a confining layer. Has South Florida opined on that? MR. BONNESS: No. But what we see from our mining down at the Willow Run quarry, that this rock layer, even the hard rock layer, it's a very porous area. And it actually is the aquifer. The rock -- the water that you're coming for is going through the rock that that -- the rock itself really designates where your aquifer is. That is your Tamiami aquifer. The confining layers that you have in there would be the Bonita marl layer that's underneath the Pinecrest and the Fort Thompson area. Because the water is going directly on through this rock. When we start cutting open and going through the rock, the water comes through profusely. And it's extremely voided. There's underground caverns and underground caves that are running through this. And when we dig up the rock, you're actually going to find that it is very porous, that there's a lot of small holes that are running through it. We calculate that we're probably going to have at least 15 percent voided in many of the areas that we're working with. So it's not really a confining layer. It is actually the aquifer. Now, the Bonita marl layer that's underneath, you're running to the southern end of where that confining layer is. When we get down to the area that we have just south of 1 -75, the Bonita marl layer at that point where it has been a confining later prior to that, becomes very, very inundated with water and actually turns into a floating silt layer where the water is running directly through that. When we dig holes and make our way through the upper layers of rock and you get down to that area, it is so full of water at that point, even though it had been a confining layer a little bit farther north, at that point it is nothing but water. It has absolutely no ability to support. And sometimes when we blast, we'll actually see the rock layer falls down through that layer because the rock itself is bridging and floating on top of basically a lime silt area that's in there. And at that point both the lower Tamiami aquifer and the surficial stuff that's going through the Pinecrest and Fort Thompson layers areas both meet together. And when we've done tests as far as water 161 1 B March 22, 2007 pressures and that, the two of them are so commingled, there isn't any difference in water pressure, so they're not -- you know, they are mixed together previous to this at that point. CHAIRMAN STRAIN: Okay, I have -- I will probably have some more comments on the soil test, but I'm going to hold off for now and try to get in a different -- some more discussion. Mr. Kolflat? Yes, sir. COMMISSIONER KOLFLAT: Are you familiar with the staff report? MR. ARNOLD: Yes, sir. COMMISSIONER KOLFLAT: In the staff report it indicates certain stipulations and conditions that they would like to see us add to any recommendation to go forward. Are you in agreement with those stipulations? MR. ARNOLD: I think there were a couple in there, especially with the EAC staff recommendations, that we were not. I think Rich corrected those. We need to go back and probably review the other conditions that are here, just to make sure they're not inconsistent with what we saw before. I think there were some references added to the Jake - braking and some other things. I'd just like to re- review the language before I told you that we were 100 percent in agreement with those. COMMISSIONER KOLFLAT: Could you summarize those stipulations for me that you don't agree with? MR. ARNOLD: Sure. MR. YOVANOVICH: If you look on Page 3 of the supplemental report -- is that what you're reading from? COMMISSIONER KOLFLAT: I was reading from my staff record. MR. YOVANOVICH: Well, there's two. You had your original staff report that I think is dated March 5th -- I'm sorry, not dated March 5th. It references the hearing date of March 5th. And I don't know if there's a date on it, Corby. Is there -- there's a 23 -page document. COMMISSIONER KOLFLAT: This is a March 5th report. MR. YOVANOVICH: Okay. And then there's the five -page document. Your staff has provided you a five -page document that incorporates the EAC recommendations through their -- through that hearing process. And in one of the places, I think its item number four on Page 3, it references a littoral zone of no less than 15 percent of each lake's surface acreage. And what we had agreed to and the EAC accepted was 15 acres of littoral zones, total. So that's that issue. And I believe they, in their -- on Page 1 of their summary they reference that we were -- that all of the TDRs go into this endowment, and that's not what was agreed to. It was the TDRs from the lake area, the excavation area, would go into the endowment and the other TDRs would participate in the -- it would be the property owners TDRs. COMMISSIONER KOLFLAT: Thank you. MR. YOVANOVICH: So generally yes, except for those two. MR. ARNOLD: There's one more. MR. YOVANOVICH: Is there one more? MR. ARNOLD: Yes. On Page 2, Mr. Kolflat, there was one other item. It was under item number three at the bottom of Page 2 in the supplement. And it prohibits dawn, dusk and twilight hauling to and from, one hour before and one hour after during nesting. I don't think that's exactly what we agreed to. What the discussion at the EAC was, was related to road building and constructing those roads during the nesting season, and we agreed that that would be the case, but not necessarily in the hauling activities. CHAIRMAN STRAIN: You need to talk closer to the mic. I know Cherie's probably having a Page 59 161 19' March 22, 2007 hard time today, so -- MR. YOVANOVICH: And that was in response to the issue that a lot of road building occurs at night, and putting a limitation on being able to take the materials out of the site at night is inconsistent with the goal of trying to get the roads built in an economic and convenient manner. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Is that all, Mr. Kolflat? COMMISSIONER KOLFLAT: Yes, thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I just wanted to make sure, it seems that some people have not received that supplemental staff report. CHAIRMAN STRAIN: Okay. Well, three people haven't. You've got it, I've got it. You guys have it? Don't have it. Mr. V igliotti has it, Mr. Tuff doesn't. So it looks like two or three of us have got it and the rest of us haven't. I don't know why. Do you have any extra copies of that supplemental staff report? If you could, before we -- we've still got a lot of time on this one, so in the next 30 minutes or so try to get us some copies. Ms. Caron, did you have -- COMMISSIONER CARON: No, I just wanted you to be aware that not everybody is on the same page here. CHAIRMAN STRAIN: Mr. Schiffer, do you have a question? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Okay, if there's no other questions of the applicant, we'll move on to the staff report. MR. SCHMIDT: Commissioners, Mr. Chairman, thank you. Again, for the record, Corby Schmidt, Planner with the Comprehensive Planning Department. I reserved the right to return to the podium a number of times this afternoon because of the number of issues that may be discussed. We've got a number of other staff members, speakers and agent representatives who will probably interrupt me. CHAIRMAN STRAIN: Can you bring this a little closer to you, Corby? She's having a hard -- you need to bring the speaker closer to you. We're not picking you up clearly. MR. SCHMIDT: Can do. I almost don't want to begin by rehashing what the EAC recommendation was from the past. What I'd like to do is point out what the staffs initial recommendation was, and we continue to stand by it. One of the key issues that I would point out is this is a basic, and beginning by a recommendation to not transmit for approval. We also follow it up with, if it were to be recommended for transmittal, then under what conditions would it be acceptable? This is a land use that was not planned, expected and in many ways does not belong in the sending lands of the rural fringe mixed use district. But there's a balance to be struck between the natural resources above and below ground. Taking those items into account, you see that set of stipulations that was recommended by staff. One of the first objections I'd like to note before I get to those stipulations is staffs change to the applicant's proposal to make these land uses permitted uses on this land. Staff believes, for a number of reasons, that the mining operations on this land, like all other mining operations in the county, would be allowed by a conditional use, and then whatever permission follows thereafter, for instance, the excavation permit. What the applicant has proposed and what the EAC has agreed to recommend is that this land use 161 1a � March 22, 2 07 be permitted as an allowed or as a permitted use on the property, only being controlled by an excavation permit locally. This is unacceptable to staff at a number of levels, and we counter- recommend and we continue to stand by our original recommendation, that this be allowed by a conditional use, if allowed at all. Now, that's just the beginning. There's a number of other issues I need to address almost one by one. Again, I'll touch on those points. The EAC moved away from staffs recommendation, only because I think it's the best way to move since they have. Almost by default they've agreed to not prohibit night hauling. I think there was a point of contention just mentioned a moment ago that twilight hauling still is in there, and yes, staff revised that stipulation to make sure there's no movement at twilight times. Those are active times for these protective species on the property. And we chose a convenient period of time. And we also included language that would extend that, given the environmental personnel and experts here today and in the fixture who can talk about that period of time which is best to protect. We think that could be a longer period of time. And it's essential, if there is night hauling allowed, we also expect to introduce a stipulation later today where that on the entire property and on roadways leaving the property for incoming and outgoing traffic there's to be significantly reduced speed limits for those traffic operations at night. So we still stand by the original recommendation that there is no night hauling. I think there was information given by the applicant in front of the EAC that it's important that the materials be taken off -site during the nighttime hours. In a conventional mining operation that has some merit. What also has merit is the location of this mining operation and the species on this property and on the routes leading to and from it. They're not just twilight animals, they're nocturnal animals, and night hauling does impose on them. The 80 percent minimum that was staff recommended 55 percent on -site for natural vegetation retention and a portion off -site. There was an upgrade from 350 to 400 acres for the mined area. The reason given by the applicant at that time for that was to provide for the additional littoral areas. That 50 -acre difference is about 15 percent. I'm hearing again today a point being made that they said 15 acres. I'm not quite sure why that would be such a small amount. Generally speaking, littoral areas by basic standard design is about seven percent. We're looking for more here to be enhanced in the future so the 50 percent is above that acres. And so we were looking for that kind of number. The EAC limited, at the applicant's suggestion, the possible land uses on the property. And that was for the earth materials removal, the concrete plant and the asphalt plant operations. There may be some discrepancy in what was proposed and what was stated in the stipulation regarding the TDR program. We wrote that full participation of the TDR program would be allowed. Apparently the TDRs would be derived only from the lake areas. That can be changed if there is to be TDRs drawn from the property at all. And we are not recommending that there are. But if there are to be TDRs severed from the property and used in the program, it's with that in mind. Noise reduction. Certainly that was an issue that came out during discussion in front of the EAC. The stipulation we've written includes a number of suggestions. There may or may not be more of them in the future as to how to serve those purposes. Everything from dampers on the truck gates to certain kinds of enhanced muffler systems for the trucks themselves or the engine driven machines on -site. Certainly no residential development on the property; that was an agreement and it's there in the EAC recommendation. 'Be no road building activities during RCW nesting seasons, certainly we would support that. And I return to the point about the conditional use permit being required. I think that's the last of the points that were generally made by the EAC, followed up in your supplementary, your update or the rewritten entry. Page 61 1611 March 22 109 If this were to be recommended by you, as recommended by the EAC, the language is changed. And that certainly is a change having to do with permitted instead of conditional uses and so forth. There is clarification being made on the very last page under that Item H where we are talking about the 55 percent, 25 percent split to give us the full 80 percent retention. And that is simply to make sure that we have 55 and at least 25 percent off -site. I'm going to pause for a moment, if you have questions about what I've stated so far or if you'd like to touch on a certain issue or topic. Otherwise I'll continue where I am. CHAIRMAN STRAIN: Questions at this point from anyone? (No response.) CHAIRMAN STRAIN: Okay, thank you. MR. SCHMIDT: If this is to be approved as proposed by the applicant, and if there is to be an endowment fund set up to fund the restoration, preservation, the mitigation activities on or off -site, and there's a long list of required activities to be done, that should not be the only source of those funds. If there are never TDR credits severed and used from this property and no dollar is derived, those operations for mitigation and preservation and so forth would still have to take place. So it's just the cost of doing business. Those funds should not come solely from the endowment fund. They may, but it should not be restricted to say so. If you were to recommend approval of this, staff has a condition to also go along with the recommendation, that a blanket easement be applied to the property to allow for the reservation of well sites that the county has an interest in. It would be located around the perimeter of the property with no general idea of their -- or no specific idea of their location at this time. That could be worked on later. Because we feel strongly about the nighttime activities, we also add a stipulation that the speed limits for the vehicles maneuvering around the subject property and along the haul routes, both on Collier Boulevard, be reduced, and I mean significantly reduced, for a period of time one hour before sunset and one hour after sunrise. In order to work on that and come up with something a bit more specific, those speed limits could be determined as part of a mitigation plan and made part of the mitigation plan approved by the county in the future upon conditional use permit consideration, perhaps. We also suggest a stipulation that adequate land area be reserved for the purpose of developing a north -south roadway along the eastern edge of the subject property in accordance with the corridor study being conducted by the county. And if so, then setbacks for the mining areas themselves and all mining related areas would be measured from that line of reservation and not from the lot line. Excuse me. CHAIRMAN STRAIN: Corby, you're going to have to talk on the record. I'm sorry. Mr. Yovanovich should know better than to try to ask you questions off the record. MR. SCHMIDT: That's just it, it was asked off mic and I was beginning to answer off mic. CHAIRMAN STRAIN: I know. If he has questions of you, after he gets his turn to come back up then we'll address them at that time. MR. SCHMIDT: All right. With those kinds of stipulations in mind, to add what staffs recommendation already is, I would -- I believe I've got representatives from other departments here to discuss the difference between what the approval process and review process might be for conditional uses, and the mere excavation permit process, if you'd like to know more about that. CHAIRMAN STRAIN: Thank you. I think we'll take it step at a time. Does anybody have any questions of Corby at this point? Mr. Schiffer? COMMISSIONER SCHIFFER: Corby, the power of the presentation that started this application Page 62 1 March A, L7 was the need for the stone. Is that something staff has reviewed? MR. SCHMIDT: Yes. The idea that there is quality stone on this property, the information as part of the packet has been presented to you, yes. COMMISSIONER SCHIFFER: All right. I mean, so there's no question that this is a need in the community, this amount of stone that's available on this site? MR. SCHMIDT: Generally speaking, yes, there is an identified need for quality stone in the county. COMMISSIONER SCHIFFER: Okay. And I'd ask David, whatever you handed out, could you print one more, because -- COMMISSIONER CARON: Here. COMMISSIONER SCHIFFER: Okay. That's fine. CHAIRMAN STRAIN: Corby, the idea of needing more stone in the county, first of all, I've reviewed the soil test of this project and I review a lot of soil tests, so I am familiar in how they read. I don't see that much on this site that is unique to this site that isn't found in good portions of Collier County. In fact, the only thick layer on this site that seems to be unique is in the northeast corner. Certainly not enough to justify the south side being excavated as well. But at the same time I know that that limestone in some form, whether it be in boulders or sporadic chunks or thick and thin layers, occurs in a lot of places throughout the county. Developments that come in here and ask for approval maximize their density and minimize their onsite amenities, including the lakes that they dig. Lakes are generally 12 to 15 percent of a project to meet water management needs. If developments came in and showed a fill balance on their project, namely digging enough soil in order to cover the development area that they were supporting or the development they're asking for, would we still have as critical of a shortage of stone in this county? I know you probably can't answer that. But I'm just asking you so you can say you just don't know. MR. SCHMIDT: It's an interesting question, and I just don't know. CHAIRMAN STRAIN: Okay. I know that there's a shortage, but I'm wondering how much of it is self - created by the rules and laws we have in place and the things that we probably don't enforce that we could. MR. SCHMIDT: I can answer a portion of that concern. There appears to be usable rock in this county, but it's unobtainable because of its location. It's already on underlined developed areas, it's urban areas where it cannot otherwise be mined by policy or practice. So there are other locations where rock lies but unavailable. CHAIRMAN STRAIN: Are all the counties where rock lies unavailable? Are all the rock in the county -- all the areas where rock lies in the county unavailable? I know you just said some were under existing developments, but there are others that may not be. MR. SCHMIDT: No. CHAIRMAN STRAIN: Okay, thank you. Any other questions of staff at this time? COMMISSIONER SCHIFFER: Just one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Corby, that one site that's going to be left behind, it appears it would be big enough to be a residential site? Could that ever occur out there? MR. SCHMIDT: I'm sorry, which site are you referring to? COMMISSIONER SCHIFFER: The one site, the square, the hole -- MR. SCHMIDT: That apparently will likely be the end of a peninsula, not an island. But it could. COMMISSIONER SCHIFFER: So when they're saying no residential, they don't refer to that site. Page 63 161 18 March 22, 2007 MR. SCHMIDT: That's correct. That's an out lot both in consideration and in result. COMMISSIONER SCHIFFER: Okay. It would be a great site. CHAIRMAN STRAIN: Yeah. Someone's multi million dollar home in the middle of the woods. Okay, any other questions of staff at this point? (No response.) CHAIRMAN STRAIN: Okay, thank you, Corby. It was very thorough. We can have public speakers. Mr. Weeks? MR. WEEKS: We have five. First is Timothy Nance, followed by Pat Humphries. MR. NANCE: Good afternoon, Commissioners. My name is Tim Nance. I've been a resident of the North Belle Meade since 1982. And I've come here to talk to you today to give you a few of my personal thoughts on this proposal, and then to briefly try to give you a snapshot of what I think the residents in the area -- and as I'm the president of the Golden Gate Estates Area Civic Association, whose members are Estates and North Belle Meade residents -- kind of an idea on how they feel about this proposal. As a citizen, I have a little bit of a unique perspective on this, because for the last 20 years I've lived in my home as one of the nearest residents to an APAC mining quarry, which is in section 16, township 49, south range 27 east, a couple of miles north and east of the subject property of the applicant. As a citizen, I've participated actively in the development of the rural fringe plan and the North Belle Meade overlay of that plan. Which if I might digress a moment, I feel like was fairly poorly crafted and gave really little accommodation to some of the stakeholders' property rights, and in a lot of ways is dysfunctional and is failing to accomplish some of its goals because of that. But be that as it may, I realized that the rural fringe plan and specifically the North Belle Meade overlay is the controlling Growth Management Plan for this area. And I personally do not take land use plan changes lightly. I realize that's what's before you today. Personally, I feel like that this application is really not a -- does not seriously compromise the spirit and intent of the North Belle Meade overlay. And in fact, I think there is a -- it's pretty obvious that there's a compelling public need and a clear long -term benefit to this project in this particular place. Talking to some of the members of the association last night, they described it to me as what they thought was a win/win/win scenario. Mr. Bonness has conducted of course a public neighborhood information meeting, which was attended by many of our members and other residents, and as well as appearing before the civic association last evening to give a presentation very similar to what he presented to you today. And the residents basically in North Belle Meade that are near the project that I know and some of the people that are in Golden Gate Estates basically feel like the public and the county is likely to get several benefits. The win is there for them in getting some strategic rock resources that we need. We've seen just as homeowners the prices of these resources skyrocket to us. And we think that making some of these more available might reduce the cost to us as residents and also keep the cost of our public work projects down a little bit. We also see, as this project would be developed out, that we would have a benefit of a public road coming out of it that would support the transportation element of the North Belle Meade overlay; namely, the Wilson Boulevard extension. The laymen members of the civic association also feel like there's an environmental win for them when they see that the entire project is being dedicated in the end for conservation and endowment funded management going forward. And I think finally they see a tremendous benefit in that they feel like the landowner might be getting reasonable use of his property. 1 14kch 1 'P007 I think it's probably odd to see a civic association come in and say that, you know, they're supporting something of this nature. And I don't really think that's my intent to give you that idea. But basically what I wanted to convey to you is I think the community and the nearby residents are more comfortable than typical with this project. And I think it's because I don't think they have any major objections, the people in North Belle Meade or the adjacent Estates community. And I think the reason for that is that I think the spirit of the concessions that have been made and been given to you today, the approach of the applicant, the way it's been put forward and the dedication of the applicant over many years has eased some of their concerns. And basically their concerns are limited to operational issues, such things as noise, dust, transportation routes and things of that nature that I believe that they think they can be resolved through working with staff. So I just wanted to thank you for letting me come forward and let you know that I think the residents in the area would look favorably on this project. CHAIRMAN STRAIN: Thank you, Tim. Next speaker, please. MR. WEEKS: Pat Humphries. Followed by Brad Cornell. MS. HUMPHRIES: My name is Pat Humphries, and I am a resident of Collier County since 1977. I've lived in the Estates since 1992. I was on the board of directors for the Golden Gate Estates Civic Association for 10 years. And there's another side to earth mining, a downside, so to speak. A new mine or mines, possibly four, in North Belle Meade is going to bring more dump trucks into the Estates. These trucks will be parking on the owners' property. This is allowed if the truck is registered to the owner. The drivers do maintenance work there on their trucks at their homes, which is not allowed. Much to the dismay of the neighbors, these trucks start warming up engines in the wee small hours of the morning. It is not unusual to be awakened on the weekend mornings to loud noises related to repair on heavy trucks. The Sheriffs Department recently did an aerial view of the Estates during the last flooding in September, and discovered not only water but oil slicks on the water of yards where dump trucks were parked. Also seen from the air were discarded tires and other refuse surrounding the dump trucks. Related to this sighting is the discovery of large barrels of used oil discarded on the vacant lots in the Estates. It is not appropriate for these large trucks to be parked in residential neighborhoods. They are unsightly and devalue the homes nearby. In many cases there is more than one truck parked on the property, which raises the question, are all these trucks registered to the owner of this property or is he making space for friends and relatives who do not reside at that address? This free - for -all atmosphere has given license to an even worse scenario, tractor - trailer trucks are now parking in owner's yards. There's actually a case of 10 in one backyard. If the earth mining business wants to be good neighbors, they will address this problem by finding a place for these trucks to park, where they will be able to work on their trucks, wash them, and most important have the oil treated and taken away per environmental specifications. The area could be fenced in for security purposes. A perfect example of this kind of operation is the bus terminal for the school buses. This would also take the trucks off the road for the two trips a day commuting to their residences. Traffic is another issue, especially violations. I've clocked dump trucks on Wilson going 65 miles per hour plus. This seems to be the norm. Two years ago I counted 161 trips in two hours on Wilson Boulevard. So I don't know where this low count is coming from. Page 65 6 j� March 221297 In the 10 years that I was a -- on the board of directors for the Golden Gate Estates Civic Association we never, never promoted this type of operation. So I could not even think about approving it unless they address the problems that are taking place. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker, please. MR. WEEKS: Brad Cornell. Followed by Nicole Ryan. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell, on behalf of Collier County Audubon Society. And I appreciate the opportunity to address you about this proposed comprehensive plan amendment. I wanted to first tell you that we oppose this petition. We think that this should be recommended for not transmitting, for denial. And I'd like to share a few factors that support our position on this. The 950 acres would generate about 760 potential TDR credits, which are valued at about 25 to $29,000 a credit, which equates with 19 to $23 million for this site. In addition, there would be mitigation value that could be associated with this location. It's easy to see how that would be important, if you look at the proposed mining operations and other places that are looking for mitigation. I don't think that the public has any obligation to maximize the return of any particular private property owner, as long as there's a reasonable compensation for any sort of regulations that the county has placed because of environmental restrictions or other restrictions. So I think that the rural fringe North Belle Meade overlay and TDR program have adequately compensated the landowner in this case. I think that there is a need for an independent study about the rock deposits and the need for rock and the impacts of rock mining. I don't have confidence in the studies that I have seen both in Lee County and Collier County and that we've heard about today that those are objective studies, and I think that there's a need for further study. I'd also like to point out that the applicant has listed a series of benefits of mining without development. And I think that these are suspect. First there's a claim that there are hydrologic benefits. Collier County Audubon Society has serious doubts about this. Studies that we are aware of indicate digging lakes deep into surficial aquifers pose significant hydrologic risks. CHAIRMAN STRAIN: If you want to get this on record, you need to slow down a little bit. MR. CORNELL: Sorry. CHAIRMAN STRAIN: I've been watching her, and she's getting difficult times keeping up with you. So if you could, slow down, it would be helpful. MR. CORNELL: Yes, sir. Sony, Cherie'. So we believe that there are significant hydrologic risks of digging large mining pits. And those risks are substantiated by several factors. One is that we have seen a St. John's River Water Management District study from 1992 that cites artificial lakes reducing water recharge by 10 inches of recharge per year. For a 400 -acre lake of mining operation, that equates to 108 million gallons per year of evaporation. This is due to evaporation. So normally you would get in this particular study 51 inches of rainfall a year; 35 inches of that goes to ET, evapo- transpiration, normally with the ground intact. If you cut into the ground water and expose that water to the air and sunlight, you get an increase of evaporation to 45 inches a year. So now you're down to just six inches of recharge a year instead of 16 inches. That's a loss of 10 inches of recharge a year. And that lowers the ground water and that impacts wetlands all around the site. I think that's an important statistic to keep in mind. Also, Southwest Florida geology features many shell beds that are hidden and not detected until you dig a mine. And those shell beds are a consequence of the karst geology of Southwest Florida, and they 161 arch Z2.72007 provide connections to wetlands off -site, sometimes as far as away as two miles. And if you dig a mine that connects these shell beds to the wetlands, then you can easily lower the water table and drain wetlands unintentionally very far off -site. So that's another factor to keep in mind. Water quality is also a threat when ground water is exposed to the surface. There's also a claim of creation of conservation land and protection from development. But Collier County Audubon Society does not support trading away 400 acres of rock mine for such benefits. We don't think that's a good balancing of public interest. Most important, taking 950 acres out of the North Belle Meade overlay and the rural fringe policies, including the TDR program, is very harmful to the whole rationale for adopting these policies back in 2002, which was to direct incompatible land uses away from resources like wetlands and habitat. This petition completely confounds that purpose, and for that reason most importantly we think that this is -- this should be denied and it should be recommended not to be transmitted. We strongly urge you to not to -- urge not to pass a recommendation of transmittal. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker, please. MR. WEEKS: Nicole Ryan, followed by Nancy Payton. CHAIRMAN STRAIN: Is Nancy our last speaker? MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: I should have known. She always seems to be the last speaker. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan on of behalf of The Conservancy of Southwest Florida. The Conservancy asks the Planning Commission to recommend denial of transmittal for this comprehensive plan amendment. It is inconsistent with the intent of the rural fringe mixed use program, it would compromise the integrity of the program, and it would set a dangerous precedent for allowing parcels to remove themselves from the restrictions of the program, while selectively choosing which portion of the TDR program would be personally advantageous to retain. The proposal would take 950 acres out of the program by creating an entirely new land use category. Within this new sub - district, earth mining, among other uses, would be allowed as permitted uses, along with all other currently permitted uses within sending lands. Thus the sub - district would not have to conform to the restrictions on sending lands but could still sell or transfer TDRs to make an additional profit. They would not have to retain the amount of native vegetation currently required under sending lands at 80 percent, and in some cases they would be more permissive than receiving lands, because receiving lands would still need a conditional use permit for mining, and they're requesting that mining be allowed as a permitted use. The fact that this parcel does contain environmentally sensitive lands has been discussed today by the applicant, and it was within the submittal packet. These are environmentally sensitive lands. They were not mis- designated in the first place. They are surrounded by sending lands on the west and sending lands with a NRPA overlay, a natural resources protection area overlay to the east. Therefore, if you take this land, which is sandwiched between sending lands and you sever the connectivity between the sending lands, you're going to tremendously impact the connectivity for wildlife transportation as a corridor between the sending lands. Wildlife utilizes this corridor today. That needs to be kept in mind. In addition, hydrologic restoration, indeed any kind of restoration is going to be significantly impacted by allowing this property to be taken out of sending lands. There was discussion earlier about the impacts of mining on wetland preservation within the area. Page 67 16, March 22, 2007 Working with landowners to protect their lands while maximizing their profit through sending land provisions should be the goal of the county, not changing the rules to accommodate individual development plans. The TDR program will never succeed if it is piece - mealed chipped away through individual comp. plan amendments. This proposed amendment would also allow the property to retain the potential of 760 TDR credits and allow, under the sending land designation, in addition to allowing mining and other permitted uses. But remember, the purpose of the TDR credits and the bonus credits is to fairly compensate property owners for development and other uses that have been removed. The TDR sales provision assures that sending lands will be protected. In this case, the amendment is requesting TDRs to be retained on property that will not be protected. In fact, this amendment is going to allow mining on these sending lands. The applicant has promised that the sale of these TDRs on the mined lands would be placed into a trust fund for RCWs. However, listed species management is currently an obligation through the sales of the TDRs and the bonus TDRs as the current program stands today. And as an aside, this amendment doesn't really explain how if these TDRs are not sold but simply transferred to another parcel owned by this property owner, and there's no monetary exchange, how money would go into this RCW fund. There's been talk about the placement of the lakes. I went to review the comp. plan amendment package last week, and nothing that showed the exact placement of the lakes was part of the amendment package. I don't know if it's been included, but I think it's quite dangerous to be allowing as a permitted use these lakes that, as has been stated by the applicant, it isn't the final configuration of the lakes. There's been a lot of talk about the RCW and its protection. The Conservancy does not believe that this proposal will provide more protection for the RCW than is afforded under the current sending land designations. And in addition, there are numerous other listed species on this property: Gopher Tortoises, Big Cypress Fox Squirrels, Black Bears, and Wood Storks. The list goes on. There's no assurances that there will be a benefit for these other listed species or the RCW through this amendment. Moreover, there's no analysis of how the break in connectivity between the sending lands to the east and west and how it will impact the listed species have been analyzed. The bottom line is, the ability for the TDR program to function properly can only occur if allowed and prohibited uses for lands set aside as sending, neutral and receiving or maintained. The amendment is inconsistent with Collier County's Growth Management Plan and is inconsistent with proper land use planning. Staff had talked about the what ifs of if you do approve it, then this, then that. But the bottom line is, staff is recommending denial of this. And The Conservancy asks that you also recommend denial of transmittal. There are no conditions that can be attached to this that would make it consistent with the rural fringe program. It simply needs to be denied. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker, please? MR. WEEKS: Final speaker, Nancy Payton. MS. PAYTON: I have a handout. And I'll let you absorb the previous two speakers' comments while I do this, because they were very well done. CHAIRMAN STRAIN: Cherie', we'll save one for you. Save one for the court reporter, if you could, at the end. MS. PAYTON: Yes, I have one for Cherie'. Nancy Payton, representing the Florida Wildlife Federation. NT I, I61 March 21, C7 There's several comments that I wanted to make on this proposal. One is to remind folks about the final order and how this land came to be sending, that I'm sure many of you were aware, but I just wanted to emphasize that this land is designated sending as a result of a mandated three -year study period. That designation of sending was challenged by Dr. Hussey and other landowners, and that challenge was unsuccessful. It was appealed. That was unsuccessful. During the hearing on the challenge, the consultant -- the wildlife consultant for the challengers stated that this was Florida panther habitat, and in fact said on the record that it was within the habitat of probably two panthers. So their own experts in the past have said that this is indeed panther habitat. And there's recent documentation that there is a panther that is roaming in North Belle Meade and using this property as part of its habitat or its range. In the testimony this morning, or the presentation, Mr. Bonness talked about the chopped up characteristics of some portions of North Belle Meade. And with that was a map, and it showed the HHH Ranch, or the land that's in question today. And it is a big chunk of land. And that is its value to wildlife, because it is a big chunk of land and can be managed as one large area. I passed out mining considerations, because I think there are issues that go beyond this specific proposal that the county has not addressed. And they really do need to be addressed before we talk about looking at areas that aren't currently allowed for mining, and to know what's going on in the mining areas that are allowed. And I'll briefly go through them. First item on the list is independently research the extent that permitted mining operations in Collier County have removed their available resources, the rate at which these resources are being consumed and how and where these resources are being used, and to estimate the remaining marketable resources. Independently research, identify and map mining resources throughout the county. We're relying on information that's being generated from those that benefit by opening up areas to mining. We need independent resources developing this information. Research individual mines and cumulative impact of mining and the blasting that may be associated with each mine upon the quality and the quantity of the areas water supply, wildlife habitat and surrounding lands. Study the fill, rock, and other mining resources of south Florida counties and research the policies of these counties regarding the mining of those resources. We might learn something from those other counties. Then I talk about reviewing the adequacy of Collier County's Growth Management Plan upon mining and what ought to be addressed. Also, independently study the impact that mining has had in Collier County, including the following: What has happened to the resulting mining pits? And they're not lakes, they're pits, and let's call them for what they are. How have they been maintained? What are the costs of maintaining them? Are they contaminated like the lakes, parks, mines in Lee County? What wildlife frequents the pits? Use available area photographs to compare the ecology of the mining and surrounding areas before and after the mining. Review water management monitoring reports for hydro -period changes resulting from the mining activity. Study the impact of mining upon invasive species on surrounding lands. And then I go on to talk about identify other sources of aggregate materials with cost benefit analysis. Sources to be evaluated including availability -- CHAIRMAN STRAIN: You need to slow down a little bit, Nancy. MS. PAYTON: I know. Because I think I only have five minutes, so I -- CHAIRMAN STRAIN: I know. Just it would be better -- it's more important to get it properly on the record. MS. PAYTON: Okay. Then I'll relax a little bit. a c 22,4 Sorry, Cherie'. To look at other sources of rock, and also recycled materials and products. And are we being most efficient on what we're using now? CHAIRMAN STRAIN: Thank you. MS. PAYTON: And what is the current research on material and processes that reduce the future need for aggregate materials? Perpetual pavement and composite materials such as polymer molecules, asphalt rubber, cellulose and mineral fibers which could be evaluated, as well as other recycled materials all offer opportunities for the industry to build longer lasting pavements and also to make money. And this county has not looked at that. Their knee jerk response is we've got to look at the conservation lands or sending lands to open up for additional rock, which will never meet all our needs. So sooner or later we have to deal with these issues. So I think it's best to deal with them now before we continue to dig pits in areas that are inappropriate. I think we do need to clarify who is representing and who can speak for the petitioner and the landowner. Because we're hearing a lot of promises, but we're not sure whether they're coming from the mining operation or from the true landowner. And I think that needs to be clarified. We're not sure whether those easements are only for the mining -- during the length of the mining operation or are they forever. What happens -- and this was touched on earlier at the TDRs, when aren't sold are used elsewhere, and taking TDRs off the lake is just such a bastardization for the TDR program I think that I find it offensive. Because the TDR program was to save conservation land and enhance it, not to dig pits. Lastly, there is a bill pending in the legislature about mining operations. And an e -mail was sent out yesterday from the Florida Association of Counties looking for information similar on this, because it just does not exist. And before we think about moving into areas that are inappropriate for mining, we need to know what we can maximize for the areas that are currently allowed for mining. We support the staff position, which I think is still denial. I got a little confused earlier today, because there seemed to be a fallback position. But we are definitely opposed to this and urge you to recommend denial for transmittal. Thank you. CHAIRMAN STRAIN: Thank you. Appreciate it. David, is that the last public speaker? MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: We're going to give Cherie' a break. We'll be back here at 2:20. (Recess.) CHAIRMAN STRAIN: We'll come back to order and resume where we left off in the meeting. The last item we had is the public speakers, and I see Mr. Yovanovich wandering up to the podium, so I'm sure he might have a comment or a closing statement or whatever he wants to call it. MR. YOVANOVICH: Discussion. CHAIRMAN STRAIN: Discussion. Okay. MR. YOVANOVICH: Rebuttal. There were several comments made about an independent person testifying as to the need of rock or the location of rock in the sending areas or where rock is located. Well, Mr. Chrzanowski in your engineering department made a presentation at the Board of County Commissioners a couple of years ago specifically identifying that there's plenty of rock in the urban area -- unfortunately, there's homes built on top of it -- and that there's a lot of rock out east. Unfortunately, it's within the environmentally sensitive areas. So your own engineering staff has made that presentation to the Board of County Commissioners. There were comments about what -- you know, what happened in 2002 with the adoption of the comprehensive plan. Well, we're now in 2007, and there's better data and analysis applicable to the property, and we pre -- we presented that data and analysis applicable to the property, and that data and Page 70 161 lB� March 22, 2007 analysis supports what we're requesting. And what I wanted to make clear -- and I don't think I did this very well at the beginning -- was that the lake itself will be 350 acres. The area in which the lake can be constructed is in that blue area, which is approximately 400 acres. So the entire blue area will not be a lake, but the 350 -acre lake will be in that 400 -acre area. The EAC recommended approval of the earth mine as a permitted use. They were comfortable with the information we provided, the areas we selected with their own site visits to the site to determine that this is an appropriate location for an earth mine keeping in mind it used to be a conditional use because the entire ag area in Collier County was eligible to request an earth mine, so -- you didn't want an earth mine on every piece of property out in the ag land, so you require people to come in and specifically identify the location of an earth mine. That's what we've done. We've identified this area. It's a 950 -acre parcel of which will build a 350 -acre earth mine. We have done and fulfilled the purposes of -- of a conditional use. In -- in addition, in the North Belle Meade overlay within the receiving areas the comprehensive plan specifically allows earth mining as a permitted use on certain sections within the North Belle Meade area, so it's not unprecedented to determine at the comprehensive plan stage that earth mining is appropriate on a particular piece of property. There was discussion about hauling hours and impacts to wetlands and impact to listed species. As I stated earlier, we're still subject to environmental permitting through the Corps and through the DEP and through the water management district. Those issues will be resolved when we go in and ask for our mining permit. It is regulated. We don't get to just go dig. We have to address those issues, and we will address those issues through the permitting process, so please don't be led to believe that those issues won't be addressed and appropriately resolved through the permitting process. We're not in an aquifer recharge zone, so the concerns about recharging the aquifer, we believe, are unfounded. There are no littoral zones required at all in excavation lakes. Ask your environmental staff. They made that very clear to the EAC. Water management lakes have got to have littoral zones; excavation lakes do not. So what we were providing was additional area in the lake for littoral zones. It is above what's required today. There was a comment about recycling. We already do recycling. We're probably one of the largest recyclers of materials in our projects. There was a question about the endowment. Our environmental plans included an endowment regardless of the TDR process. The TDRs were additional monies to go into the endowment, something the EAC found to be very valuable. They thought the more money they can get in through the endowment the better because it was going to be utilized to help assist listed species. There were a couple of new requests from staff during the presentation, and I apologize for asking Corby to make that clear because they weren't in the staff report. One was well site easement along the perimeter of the property. If the county needs well site easements along the perimeter of the property, we'll provide those well site easements. Mr. Scott clarified for me the north -south road corridor reservation request. He would like us to reserve 140 acres along our southern bound -- 140 feet along our southern boundary for a road corridor, which we've agreed to do. There was a comment that developers max out their developments and that's why we don't have enough fill. I don't think that's supported by -- I don't think that's a -- that statements supported. I think, in fact, most developers don't max out their density in the urban area, so I think that -- that we don't -- I don't believe the course of development in Collier County's urban area is the cause of our shortfall in fill. Page 71 Uarh 22''297 Everybody talks about all this money we're going to make through the TDR process. I don't know that that process has worked all that well, and I don't know that it will work all that well. And during the adoption of the TDR process I spoke on behalf of property owners about the concern that the TDR process didn't fully compensate property owners because you were only compensating for development rights as far as housing units. You weren't compensating for other opportunities to use the property, and there is a significant opportunity available to this project owner for the earth mine. It has not been compensated for. I think Nancy asked who's authorized to speak on behalf of the property owner and is whatever that person saying binding on the property owner. I thought I made clear at the beginning that I represent Dr. Hussey, the property owner, and also Mr. Bonness who's got an interest in the earth mining rights, so whatever I say regarding the commitments are binding on the property owner. Whether or not Mr. Hussey -- I mean, Mr. Bonness is the earth mining -- earth miner or not, Dr. Hussey has to meet these commitments. And, finally, I don't believe that the TDR program will assure protection of the environment to this area. We have a clearing permit, I believe, and we have the ability to go clear as part of a farming operation. I believe Dr. Hussey will do that. What we are proposing is what we believe to be a win -win situation. We will make money from taking the lime rock out of the ground. It will provide opportunities to build roads and other necessary infrastructure in Collier County at a reduced rate. In fact, we believe it'll actually reduce the overall truck traffic on the county roads because you won't be bringing traffic in from Lee County. And you need to bring more trucks to get the fill down here from Lee County because they've got further to go and they can't make as many trips, so you have as many -- you have as much -- as much truck traffic, if not more, under your current situation. There is a need for the fill. We are proposing to mitigate for impacts. We will address all of those issues through the environmental permitting process. One thing that was not mentioned -- one of the EAC stipulations was that if the earth mining is approved that Dr. Hussey has to give up his current clearing permit, and he's committed to doing that. So with that we believe that this is a good project. The state's civic association has spoken in favor of it. I don't know what more we could do to address the issue -- situation because we've gone and addressed all the environmental issues related to this project to the extent that the EAC is recommending transmittal, and that is one of your environmental agencies in Collier County. And with that we're available to answer any questions you may have. CHAIRMAN STRAIN: Miss Carron. COMMISSIONER CARRON: A couple of issues. What happens if the TDRs are not sold? MR. YOVANOVICH: It was never our intent to just transfer them. There would -- there would be compensation. I believe the comp plan or the LDC, one of the two, currently says it's a minimum price of $25,000. I -- I can't remember if that's in the comprehensive plan or in the LDC. So there was no intent to -- to take those units and transfer them somewhere else and -- and skirt around the endowment issue. COMMISSIONER CARRON: That's obviously a very lawyerly thing for you to say, there's no intent. You made mention of the fact that there's a Burt Harris lawsuit involved with this property right now. MR. YOVANOVICH: Absolutely. Well, let me take that back. There's been a Burt Harris notice filed with the county, which is the precursor. COMMISSIONER CARRON: Yes. MR. YOVANOVICH: We're waiting for a response. COMMISSIONER CARRON: Oh believe me I understand the process very well. MR. YOVANOVICH: I didn't want to misspeak, Miss Carron. Page 72 161 March 22,�0"((�� l77 COMMISSIONER CARRON: If you are limited to only hauling during the daytime and since this is panther habitat, it would seem only logical that it be limited to the daytime since that's -- the panthers are out at night. What does that do to traffic on 951? MR. YOVANOVICH: Well, we were -- we don't believe a limitation on hauling to only during the day is appropriate. COMMISSIONER CARRON: I know you don't, but if you are limited to during the day. MR. YOVANOVICH: And we would prefer -- CHAIRMAN STRAIN: Guys, you've got to do it one at a time, so let him finish first before you ask a question again so -- MR. YOVANOVICH: And we would propose that we would haul from the southern portion of the property at night and not from the northern portion, so we would not be coming through the preservation areas through the center. If we all go back to that exhibit, there's two lakes, and there's a lot of preserve in between the two lakes. So we'd be hauling from the southern corner south -- is that southwest, Ray? UNIDENTIFIED SPEAKER: Yeah. MR. YOVANOVICH: -- southwest corner of the property. COMMISSIONER CARRON: Okay. Once again, what will happen to traffic if you are limited to only hauling during the day? MR. YOVANOVICH: Well, there's -- COMMISSIONER CARRON: What happens to 951 traffic? Do you impact that road? COMMISSIONER CARRON: Well, there's going to be no, obviously -- COMMISSIONER CARRON: So you -- MR. YOVANOVICH: The answer would be that there'll be no trips at night. There'll still be trips during the day. And we can only get so much material off site during the day, so you're still going to have the day trips. You just won't have the night trips. And, again, a lot of road construction occurs at night, and it makes sense to allow us to haul at night. And that's for the asphalt. It would be for the asphalt. It wouldn't be -- it wouldn't be the fill portion. It would be the asphalt. CHAIRMAN STRAIN: Anything else? COMMISSIONER CARRON: Not right now. CHAIRMAN STRAIN: Okay. Are there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Richard, thank you. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: Okay. Are there any other questions of the Planning Commission before we go into discussion amongst ourselves -- or amongst all -- everybody that's here, I guess. COMMISSIONER CARRON: Yeah. CHAIRMAN STRAIN: Miss Carron. COMMISSIONER CARRON: Yeah, I had something -- Corby Schmidt said that he had a staff here to cover conditional -use benefits, and I'd like to hear from that staff. MR. SCHMIDT: All right. I'm not quite sure what you're asking. CHAIRMAN STRAIN: Corby, I think earlier you said that this could have been a conditional use on the property. They could have come in and applied for a conditional use and gone that route instead of the route they're going, and I believe what Miss Carron's looking for is an explanation of the conditional -use process versus the process they're asking for here today. MR. SCHMIDT: Okay. CHAIRMAN STRAIN: Okay. MR. WEEKS: Commissioners, I'm not sure if we have anyone from zoning or not. I can -- I can Page 73 16 1 1S March 22, 2007 explain at least some of the process. And I do see Stan Chrzanowski here from the engineering department who could advise of what the requirements are, notice requirements are, et cetera, for the excavation permit, which is what they would be subject to if it's approved as the petitioner is requesting. For the conditional use, the notice requirements would, first of all, include a neighborhood information meeting in which the notice requirement is the property owner or petitioner has to send a notice to property owners within a specified distance of their property advising them of the neighborhood information meeting date, time, and location. And, by the way, for this process, a Growth Management Plan amendment, they have been required to hold such a meeting already. Secondly, for the public hearings in front of the Planning Commission, the property owner would be required to send a notice, again, to the surrounding property owners within the same specified distance, which I believe is a thousand feet in rural areas, advising of the date, time, and place of the public hearing, and then the next step would be going before the County Commission which -- and -- and there will be a legal advertisement placed in the paper prior to the Planning Commission hearing. There will be a legal advertisement placed in the Naples Day -- in the paper prior to the Board of County Commissioners hearing as well, and there would be signs posted on or near the property prior to the Planning Commission hearing. So there's more no -- public notice requirements for a conditional use than there would be for either an excavation permit or the stage you're in now, the Growth Management Plan amendment. Additionally, through that conditional -use hearing process is where, again, aside from the opportunity for the public to participate, that's usually where this hearing body and the board would be involved in crafting the very specific conditions or stipulations to apply to the project. If that process is not required, then from the staff perspective they all need to be addressed now, then, as part of this Growth Management Plan amendment, which means we're going to need to have a very high level of specificity in the comprehensive plan because there's not going to be an additional opportunity for a public hearing process to -- to create those types of conditions and to see the -- the real specifics -- I mean, with more detail than what you have here -- specifics about what the project is going to entail. You -- we would miss that in the public hearing process. Now, an excavation permit, I do believe, has to be approved by the Board of County Commissioners, but my understanding is that the criteria is much more technical in nature. It is not the type of venue you have with the conditional use where the public can speak or, for that matter, the Planning Commission could deliberate on com -- issues such as compatibility. COMMISSIONER CARRON: Thank you very much. CHAIRMAN STRAIN: Well, David, that brings in a -- I'll wait till you and Randy get done. MR. WEEKS: Just the -- the additional point that -- that we do not have the level of detail in the information that's submitted with a Growth Management Plan amendment as would be submitted for a conditional use. CHAIRMAN STRAIN: Okay. And, David, what I was going to say is that based on what you just said, if this were to be recommended for approval for transmittal by either us or the BCC, you would want a lot more detail in this document than what's been presented here today in regards to what we've actually got in front of us. We've got a lot of verbalization from both sides, but the actual detail is not here. If it was recommended for denial by us but succeeded at the BCC level, you would still need that detail; is that correct? MR. WEEKS: That's correct. Both we would need more detailed information provided to us, and I believe we would need more detailed and specific conditions of approval to be adopted into the plan. CHAIRMAN STRAIN: Okay. .,_. i 161 � March 22, lop MR. WEEKS: Because, again, there's not that, so to speak, second bite at the apple through the conditional -use process. CHAIRMAN STRAIN: Right. Would it be a better thing, regardless of how this board sees it right now, to have this go back to staff and be rescheduled for some time later in April when you've had time to put together the finite detail that would be needed in this document in order to be considered appropriately in lieu of a conditional use regardless of whether or not it would be recommended by us or not? I'm -- I'm more concerned what happens at the next level up and as it marches down the path. Would that be beneficial? MR. WEEKS: Well, it -- it could be, but the staff perspective is we shouldn't be doing that. This is not the appropriate way to handle this. We have an established procedure for excavation, and that is that you must get a conditional use. The one exception, which Rich put on the record, is on the receiving lands in the North Belle Meade overlay. This is sending lands, and I would suggest that that's a very important distinction. But -- but our perspective is this is not appropriate. We should not be considering this level of detail through a Growth Management Plan amendment. CHAIRMAN STRAIN: I'm just trying to think of what the ultimate way is to make sure if this passes at any level it's better protected. And -- Margie? MS. STUDENT - STIRLING: I have an idea, but it may not -- it may take longer than a conditional use. And I think -- maybe create some kind of overlay district where you'd put regs in the Land Development Code. MR. WEEKS: No. MS. STUDENT - STIRLING: No. Okay. Just a thought. MR. WEEKS: Simply put, we see no compelling reason to treat this different than all other excavations, again, with that one exception of the receiving lands. It should go through the same process. CHAIRMAN STRAIN: And, David, I understand your position. MR. WEEKS: Yes. CHAIRMAN STRAIN: I have no problem with your position. My problem is the real world may end up with a different result, and if it goes through with a different result that is not kept in check with the language that may be as finite as needed it may be more problematic than less. I'm not saying it should. I'm just concerned that there's that possibility, so that was the re -- that was the reasoning for my question. Any further questions of staff or anyone else that we -- Mr. Tuff. COMMISSIONER TUFF: Well, I'd be curious to hear what the petitioner thought of what you just said. CHAIRMAN STRAIN: You need to use the mike when you do talk, Russ. COMMISSIONER TUFF: Should I say it again? CHAIRMAN STRAIN: No, I think everybody picked it up. MR. YOVANOVICH: We certainly would be willing to do that, and -- and we would have been willing to do that if we'd have been asked to do that a long time ago. We believe we provided probably more detail than was provided for the North Belle Meade receiving areas. We've -- we've given the detail as to the -- exactly where the 400 acres is in relation to our environmental resource issues on our property. I think we've provided a whole lot of detail in our application. I think that's why the EAC was comfortable going to the permitted -use stage. If we need to address some additional issues between now and, hopefully, the second meeting in April because the first week is spring break -- but if we can do it -- the 18th, I think, is a regular meeting -- or whenever in April we would come back and address whatever -- whatever additional issues, and I would hope you would ask us -- CHAIRMAN STRAIN: Well -- Page 75 016 March 22, 2007 MR. YOVANOVICH: -- what they were. So we'd be willing to do that, come back with the specificity, or certainly what I was going to propose is that we'd be required to do the same notice that's required for a conditional use. We'll do that before the adoption hearing. We don't have any problems with the notice. You know, we've been -- been engaging the neighborhoods throughout the entire process. We're certainly not afraid to provide notice. CHAIRMAN STRAIN: Miss Carron, then Mr. Schiffer, and then I have a comment. COMMISSIONER CARRON: Well, I just wanted to remind Mr. Yovanovich and everyone else in this room that we are not talking about receiving lands. We are talking about sending lands. So he keeps bringing up the fact that -- that there are certain things he could do if it were receiving lands. Well, that's not what we're talking about. This is sending lands, not receiving lands. CHAIRMAN STRAIN: Mr. Schiffer. MR. SCHIFFER: Yeah, I'll fold. I'm done. CHAIRMAN STRAIN: Okay. I'm trying to think of what my -- what my questions center around, but I think Miss Carron was -- touched on it but not exactly. I'll come back to it. Go ahead, David. Did you have something else you wanted to add? MR. WEEKS: Just going back to our -- our line of discussion a few moments ago, the staffs position -- preference would be if we're going to go down the direction of -- of trying to -- down the direction of not requiring a conditional use and, therefore, getting to a greater level of specificity in the Growth Management Plan, I would suggest that we first wait and see what happens at the County Commission hearing for transmittal because to require the app -- request or require the applicant to submit additional data, for staff to spend additional time, and for this hearing body to spend additional time trying to craft those conditions for them to prepare additional information, et cetera, may be all for naught if it's -- if the board either chooses not to transmit as requested or chooses not to transmit at all. CHAIRMAN STRAIN: Okay. Any other comments of staff or questions of anyone? (No response.) CHAIRMAN STRAIN: Okay. With that is there a motion? Anyone considering a motion for this application? Mr. Midney. COMMISSIONER MIDNEY: I would like to move that we suggest a denial of this petition. CHAIRMAN STRAIN: You mean recommend? COMMISSIONER MIDNEY: Recommend denial. CHAIRMAN STRAIN: I think you can suggest, but it might be tarred. Okay. So your -- your -- your motion is to recommend denial. Is there a second to the recommendation for denial? COMMISSIONER CARRON: Second. CHAIRMAN STRAIN: Seconded by Miss Carron. Okay. Discussion. Mr. Midney. COMMISSIONER MIDNEY: Yeah, I think that large -scale mining doesn't belong in the sending lands. I remember when we were drafting these proposals we looked very carefully, and the main criteria on which was decided which lands are sending, which lands are receiving was their natural resource value. And so this was very carefully drafted when we went through this, and to have the petitioner try to go through and change that now seems to go against the whole intent of the rural fringe program, which is to try to map out large contiguous areas and not try to be making exceptions here and there. And I would just like to second what Brad Cornell said about the impact to wetlands. When I was on the Immokalee Water Sewer District Board, I also did research on transfer — evapo- transpiration and wetland recharge, and there is a big impact from having open water as opposed to natural cover in terms of loss of hydro periods, which was addressed by one of the experts, actually, for the petitioner that these wetlands are already becoming degraded. And I think that if we allow this -- these fill pits to go through Page 76 161 , March 22, log we're just going to hasten the decline of those natural areas. CHAIRMAN STRAIN: Okay. Anybody -- any comments? (No response.) CHAIRMAN STRAIN: I have a few, and mine are more based on the information that we did not receive. First of all, I think that the lack of a hydrological study to show the effects of this lake and the depth of the lake on the surrounding properties is -- is a lot of -- is woefully missing from this analytical analysis that was presented to us. I think that the lime rock layer that I've seen there is not anything different than you find within most of the county except maybe a piece of it in the northeast corner. I do not see the reason why this couldn't go through the conditional -use process in lieu of a GME -- a GMP process, and I believe that part of the shortages that we're experiencing are self - created by the codes that we have. So for all those reasons I would support Mr. Midney's motion. Are there any other comments? (No response.) CHAIRMAN STRAIN: Okay. Well, I'll ask that we signify by raising our hands and saying "aye." All those in favor of supporting the motion to recommend not to transmit, please signify by raising your hand. One, two, three, four, five, six, seven. COMMISSIONER KOLFLAT: (Raised hand.) COMMISSIONER SCHIFFER: (Raised hand.) COMMISSIONER MIDNEY: (Raised hand.) COMMISSIONER CARRON: (Raised hand.) CHAIRMAN STRAIN: (Raised hand.) COMMISSIONER ADELSTEIN: (Raised hand.) COMMISSIONER VIGLIOTTI: (Raised hand.) CHAIRMAN STRAIN: All those opposed to the motion please raise your hand. COMMISSIONER TUFF: (Raised hand.) CHAIRMAN STRAIN: Okay. Motion carries 7 to 1 for a recommendation of denial of the transmittal. And with that we'll move on to the next order of business today, and I think before we do this we'll take a pause for four minutes while everybody clears the room that is involved in this one before we go on to the next one, so -- (Recess held.) (Mr. Schiffer left the room.) CHAIRMAN STRAIN: Okay. Let's get back in business. We have two items left that we could discuss today. We won't get through them both more likely, but we have Petition 14, which is the -- a multitude of changes, 96 different properties that have been suggested to go from sending to neutral or receiving. We have No. 15, which is a presentation or an amendment requested by the transportation department for -- to initiate traffic corridors. Now, we're here to serve the public, and I want to make sure that if -- the number of public here for either item is the one that is served, so by raise of hands how many members of the public are here for No. 14, the one involving the 96 properties? One, two, three. Okay. And how many members of the public are here for the transportation one? One. Okay. Just so nobody's waiting for something that we won't get to today, we're going to do No. 14 right now, and I don't think we're going to have enough time to start the transportation one and finish it today. Has anybody in this planning board got any different thoughts on that? (No response.) CHAIRMAN STRAIN: Staff, do you see the -- 14 taking the rest of the after -- we're going to have Page 77 � II M r h 22,1 I to quit at 4:30. Do you think we'll be able to fit both of them in between now and 4:30? MR. WEEKS: Commissioners, I think 14 is going to go very fast. It really depends on -- CHAIRMAN STRAIN: Okay. MR. WEEKS: -- questions of the board. CHAIRMAN STRAIN: Then we'll try to knock them both out. So let's go on to No. 14. It's CPSP - 2005 -14. It's for changes to the fixture land use map involving 96 properties that had been requested to go from sending to either neutral or receiving lands. Mr. Weeks. Oh, those wishing to testify on behalf of this petition please rise and be sworn in by the court reporter. (Prospective witnesses were duly swom.) CHAIRMAN STRAIN: Okay, David. MR. WEEKS: Commissioners, I think I need to start with a little bit of background first, and I'll be as brief as the staff report was on this matter. As you may recall during the adoption hearings for the rural fringe mixed -use district back in 2002, we had a lot of members of the public show up at those hearings objecting to the at that time proposed, now adopted sending land designations on their property specifically asserting that their property had been cleared or otherwise did not warrant a sending lands designation. Ultimately what the County Commissioners did was carved out a specific provision in the future land use element within the sending lands to give a one -year window but -- for property owners of sending lands to submit environmental data to back up their -- what they were saying, to -- to demonstrate that, in fact, their property did not warrant the sending land designation, but it was limited only to those properties designated sending that were abutting either receiving or neutral as opposed to applying to all properties because of the concern for that Swiss cheese concept where you have holes throughout the sending lands, little pockets of -- of neutral or receiving. So it's limited to these bordering properties only. And the County Commissioners through a public hearing -- excuse me -- a public petition item back in, I believe it was, 2005 directed staff to look at these properties in the following manner: If there were multiple properties, individual tax parcels under the same ownership, they would be -- were to be viewed as a single property for the purpose of determining if the property abuts sending or receiving. And if you looked at the map -- the maps that were provided to you, you could see how there were clusters of properties in some cases, so certainly some of those properties were what we call stacked. The individual parcel did not abut the sending or receiving -- excuse me -- receiving or neutral boundary, but because of the aggregation the property as a whole did. On page 2 of the staff report is the very specific language that came from the future land use element, but -- but the short of it is that there's two simple requirements: one, the property must abut receiving or neutral and, secondly, specific environmental data must be submitted to the county to demonstrate that the sending lands was -- designation was not warranted. But it also says that data that the county might obtain could also be used. Staff has taken this approach. We have reviewed the data submitted by each individual property owner, but we've also re- evaluated the data that we used in June of 2002 to determine what land should be designated as sending, and our conclusion is that the vast majority of these properties do not warrant a change; that is, the applicant has failed to provide conclusive evidence that their property does not warrant a sending lands designation. As I note in the staff report, there is, actually, now only one property, and that's the Hussey property that we just discussed, that is also included within this batch petition in addition to their own private sector amendment. And, obviously, only one or the other could be approved, so ultimately if -- if the other 16' March 22, ;0 I petition is approved, No. 12, then this could not be or vice versa. CHAIRMAN STRAIN: Well, David, are you saying, then, that the portion of the document -- the No. 14 that pertains to Map Properties 25 through 31 is not part of -- now part of this discussion? MR. WEEKS: No, sir, it still is because the outcome of that petition we don't know yet, so both -- the same property's being considered under two separate petitions -- CHAIRMAN STRAIN: Okay. MR. WEEKS: -- up and until the point of adoption. CHAIRMAN STRAIN: So we have to go through the same process we just went through, and that's why I was thinking we weren't going to get through this, this afternoon. MR. WEEKS: Yes, sir. But at least as far as the EAC presentations went it went pretty quick and pretty brief and especially now because you've heard so much from the specific private sector petition, which the EAC did not hear, perhaps there would not be a need for much of any presentation from the applicant for that property. Specifically, in -- in the back of your -- right behind your staff report is a spreadsheet that identifies these properties, and let me -- there's a few different numbers in the staff report. There's a reference to 90 properties, to 96 properties, so it's been a moving target in the sense that we started out with 96. Then we realized that we had missed a couple of properties that had been submitted but we did not include the legal description, and then 6 were withdrawn, so we're actually talking about 90 properties. When you look at that spreadsheet, you'll see a few that have been struck through. There's cross -- strike- through through the text through all of the -- the cells of that individual property. That shows that it's been withdrawn. So, again, there's a total of 90 properties under consideration. Staff is recommending approval of not 16 but 17 of those properties, and the total area designated sending is roughly 290 acres that we are recommending be changed from sending to either receiving or neutral. And as noted in the staff report the EAC met on both February 7th and March 7th, and the reason for meeting on March 7th was to -- they wanted to make a site visit on two particular properties. It's Map Properties 1 and 2, the very first two on your spreadsheet. There's been no change to Parcel 1. Staffs recommendation was and still is that it be changed to receiving, and the EAC agreed with that recommendation. The change occurs to Parcel 2. Staff s original recommendation was not to change the designation; that is, to leave it as sending. Our recommendation now is a bit of a mixed bag; that is, to change a portion of the property to receiving and then have a portion stay as sending. If you'll look in your tab behind the staff report, there's the tab labeled CPSP- 2005 -14 FLUM, and immediately behind that tab is a letter with the heading -- header of Talon Management, and it's a -- and in the upper right -hand corner it states Map Property No. 1 and 2. If you'll flip that over to a map, an aerial map, it identifies Map Properties No. 1 and No. 2. Map Property No. 2 is the triangle piece. You can see it's labeled "area in question." There's a -- a parcel towards the top of the page, a rectangular, and then there's this triangle piece towards the bottom that's abutting U.S. 41. Staffs recommendation, which was also endorsed by EAC, is to change the land use designation from sending to receiving from that -- of that portion of the triangle where you can see a road on the aerial to the north and then for that portion south of that road to remain as sending lands. So, in summary, the EAC has endorsed the recommendation of staff, which, again, is to change 17 of the properties which are identified on your spreadsheet with the exception of this change to No. 2, and, again, that totals roughly 290 acres. And with that I'm through, Mr. Chairman. I know there are some speakers. Page 79 March! 22, \ CHAIRMAN STRAIN: Okay. Any questions of staff before we go into speakers? Miss Carron. COMMISSIONER CARRON: Yeah, just -- and -- and the triangle down there is going to remain sending; correct? All right. CHAIRMAN STRAIN: No, from there (indicating) down it is. COMMISSIONER CARRON: Oh, all right. CHAIRMAN STRAIN: From there up it'll be receiving, and those stay. Those go (indicating). The receiving areas where the -- the north piece is next to the receiving area, they're going to be changed. That's Parcel 1; right? MR. WEEKS: That's correct. COMMISSIONER CARRON: And you've approved that for change? MR. WEEKS: That's correct. All of Parcel 1, the rectangle piece. CHAIRMAN STRAIN: Okay. How many speakers do we have? MR. SCHMIDT: There are three. CHAIRMAN STRAIN: Okay. Would you call the first speaker. MR. SCHMIDT: Nancy Payton followed by John Vega. CHAIRMAN STRAIN: Nancy, that's the first time I've seen you the first on the list for a speaker for a while. MS. PAYTON: Right. It's like the good 'ole days when they always called me first. So I had my five minutes that was only three minutes. I generally support staffs recommendation. I -- I only am seeking clarification on an issue and have a question on one of the applications. One -- the first issue for me is that a number of these petitions were submitted by Don Lester without documentation from the landowner that he truly was acting on their agent -- as -- as their agent, and so I'm raising questions about those. And I think there's only one that was recommended approval or transmittal. CHAIRMAN STRAIN: Well, actually, there were, I think, two -- three. MS. PAYTON: Two -- three. Okay. Well, I'll raise the issue on all three. CHAIRMAN STRAIN: Four --five. MS. PAYTON: And the issue is that he did this without the property owners' approval. Nothing was submitted within that one -year time frame that I understand the landowners had to submit this petition, and now years later those landowners -- some of them are coming back and say, "Oh, I didn't know at the time, but, yeah, count me in," and I think that seems unfair because they got two bites at the apple. They didn't make it first year on their own initiative and then find out that somebody did it for them unauthorized, and now they're saying, "Yeah, that was legitimate" or, "Yeah, we want to be included." So I'm raising that question about some of those that were approved for transmittal, and the one that truly concerns me -- did I make myself clear on that? CHAIRMAN STRAIN: No. What I wanted to -- I'd rather -- let's get this fixed first or found out about first -- MS. PAYTON: Okay. CHAIRMAN STRAIN: -- because it might be just an easy answer. And what I'm looking at is the approvals on the spreadsheet provided by staff. And Parcels 43, 56, 61, 70, and 79 all have the agent/applicant as Lester, and all of them are being recommended for -- with a yes. And I guess those are the ones that we're seeking an explanation as to how that could be if he -- if he -- if he can't seek -- if he didn't submit proper paperwork, why are any of them being considered? MR. WEEKS: The shortest answer is staff goofed. CHAIRMAN STRAIN: Goofed at what? MR. WEEKS: Goofed in the sense that we did not catch the fact that we did not have the letter of _- ' 1 161 March 22, 21P authorization for all of these properties that were submitted. CHAIRMAN STRAIN: Okay. So -- MR. WEEKS: We caught it so late in the process; that is, as we were preparing for these public hearings, that what we chose to do is let's go ahead forward with these rather than -- we don't want to hold this up any further, so let's go ahead at least through transmittal. Staff will contact those landowners. We've already attempted to contact Mr. Lester, and we've had no response -- but contact the individual landowners to ask them if they have given him permission to act on their behalf, and if their response is no, then presumably staff is going to say, well, this is -- should not be -- even be considered, and we'll withdraw it. So when you get to adoption you may have a smaller list. If we had time, Commissioners -- and we should have. Again, staff goofed. If we -- if we would have caught this sooner, we would have gone through this process, and this would not be an issue for discussion today. CHAIRMAN STRAIN: Ina --in a different approach, might you not --just not recommend any of those as approval because they didn't meet the criteria and then if you find out later then put them through? We're --we're going in a reverse of what --you're giving the benefit of the doubt to begin with. I'm just wondering why. MR. WEEKS: Well, here's the -- here's the issue. If we were to not recommend them because we don't have the authorization and if the board were to choose not to transmit them, they don't get another chance. If they're -- if the petition is not transmitted or some portion of it is not transmitted, that's -- that's a denial. It's done. It's only if it's transmitted does it come back to the Planning Commission board for a second review and -- and final adoption. So if we eliminate those properties now then there's not that chance to go back and put them in at adoption. CHAIRMAN STRAIN: If someone is -- do you -- do we have rules that require authorization to submit these requests? MR. WEEKS: Yes. CHAIRMAN STRAIN: Okay. We have building permits. This is a whole other subject, but it kind of matches up. We have building permits that has a stamp on it, basically, that says if staff makes a mistake it's still the applicant's problem to make sure it's done right. Well, it sounds like an applicant made a mistake. Staff made a mistake by accepting it. Now staffs going to stand by their mistake while they check out to see if the applicant was doing right or wrong? MR. WEEKS: Well, here's the unusual circumstance. This -- this specific provision that was set forth in the future land use development only requires the property owner to submit environmental data as opposed to a complete application like the others you discussed today and in the future and the past; that is, there's not a private- sector submittal of a full petition with a signature page and -- and who the owner is and -- and et cetera. They simply had to submit environmental data to us. That's the unusual nature of this. Still there's a requirement to have authorization, but it was not clearly stated to — to these petitioners. Again, I will point back to staff that -- that it's our fault. This is an unusual and unique process, and we simply failed to adequately notify these -- these owners that -- that in addition to environmental data we're also going to need you to submit a letter of authorization if somebody's going to be here on your behalf. And -- and we failed to do that, and we caught that mistake too late in the process to -- to require and still be able to get to you today. CHAIRMAN STRAIN: So these -- but these people not having supplied an authorization to Mr. Lester, presumably, never thought they had the right to begin with, so what are -- what are you -- what are you -- what are you not giving them that they thought they had? MR. WEEKS: Well, we don't know that they -- we don't know as a factual matter whether they did affim 161 14k March 22, 2 7 or did not give Mr. Lester the authorization. We just simply don't have any proof of that, but we don't have proof that they didn't give him authorization either. CHAIRMAN STRAIN: Well -- so I could come in and just tell you I want to rezone all these properties to receiving, and you'd start off by accepting that and not ask for authorization until what point? MR. WEEKS: Well, see, in the normal process, you would have to submit an application. CHAIRMAN STRAIN: Right. MR. WEEKS: There would have to be a letter of authorization and so forth, so there would be a -- the -- the normal process we would catch that, but the unique nature of this process it -- we missed it. We missed it. CHAIRMAN STRAIN: When were these applications submitted to you, the ones in question? Do you know? MR. WEEKS: When? CHAIRMAN STRAIN: Yeah, how long ago? MR. WEEKS: 2003, 2004 time period. CHAIRMAN STRAIN: So since 2003, 2004 we haven't had enough time to ask those property owners if they were represented by Mr. Lester when they submitted that stuff. MR. WEEKS: I know it sounds bad, but we didn't even -- we only dealt with those for the initial review of staff a determination, an initial, I'll call it, draft review of -- of an initial determination would staff support or not support. And we notified the property owner or -- or agent at that time, and then after that these have been sitting in a box waiting to -- to be able to come to hearing similar to these others that we're talking about, these 2005 private- sector petitions that got caught up in that circumstance where they could not be adopted until the EAR -based amendments were adopted, so they've just been sitting on hold. We've just simply been dealing with other priorities and -- and not those. That's what I mean by, okay, we pulled them out of the box. We're getting close to hearing. Oh, my gosh, we don't have authorizations for many of these. And it's not just Mr. Lester. There were some others as well. CHAIRMAN STRAIN: How long ago did you discover the error? MR. WEEKS: I'd say probably about two months ago. CHAIRMAN STRAIN: And you haven't -- I mean, the five that you're recommending the change for, those haven't been con -- or attempted to be contacted? MR. WEEKS: Not the individual owners, no. Our approach was going to be to notify all of them. CHAIRMAN STRAIN: Tell you what, you're a lot kinder than the Corps of Engineers or the DEP would be in such circumstances. But, anyway, we'll -- we'll go on. MS. PAYTON: Okay. Then I -- I have a second question that if all the environmental data -- data was within the proper deadline, are you -- are you telling me some of these applicants that have been approved have submitted environmental data supporting the re- designation recently? MR. WEEKS: No, they were all within that one -year window. MS. PAYTON: Then I'll go on to my -- my third issue has to do with the Hideout Golf Course and your -- your support of them designating sending lands to neutral lands. And I think it's in Section 23. And, one, I question whether a golf course needs to have their density returned to them. And this is a golf course that was approved under the old comprehensive plan when it was, say, a grid system. It was one unit on five acres so that you had -- it was like this (indicating). And you had a house here, a house here, and a house here. If you did a golf course over it, you lost the house because you didn't have the five acres. So what I see happening here is that we're restoring density to a golf course that lost it and knew Mar h 22, 200 � L they were losing it years ago when they did their comprehensive plan -- or when they did their -- their golf course. So I don't like the idea that this is being exploited to restore density or to re- create density on land that lost it years ago under a comprehensive plan that they knew they lost it, so that's my objection to the Section 23 golf course getting their density restored. CHAIRMAN STRAIN: And that is -- that one piece of land is 85 acres. It's many, many times the addition of the total of all the other four pieces that we recommended approval for. Did you believe or do you believe that Lester represents Hideout Golf Club? MR. WEEKS: Commissioner, we simply -- simply don't know. I mean, it seems suspect in the sense that we know that in the past when they came in with the conditional use -- I know it was not Mr. Lester. I don't know who it was. But we -- we simply don't know. CHAIRMAN STRAIN: Okay. MR. WEEKS: And absent that knowledge we think it's inappropriate to throw the property out of the process. CHAIRMAN STRAIN: Thank you. Thank you, Miss Payton. MS. PAYTON: Thank you. CHAIRMAN STRAIN: Next speaker, please. Or do you have any questions anybody? (No response.) CHAIRMAN STRAIN: Okay. Next speaker. MR. SCHMIDT: John Vega followed by Rich Yovanovich. MR. VEGA: Good afternoon. I have a little bit of information about Don Lester. If it wouldn't count against my five minutes, I'd be happy to share it. CHAIRMAN STRAIN: Well, go ahead. MR. VEGA: I was counsel on the administrative appeal when Mr. Lester was represented by an attorney named James Mattson. He's still practicing. I believe he's in either Key Largo or Key West. They were very thorough on the property owners to send them all out index cards. They were green or blue like you would get if you have agricultural land. And Mr. Mattson would inspect them and only submitted petitions on those where he got back a signed index card where the property owner agreed to let Mr. Lester do it. Given that there were hundreds, if not thousands, of properties I'm not denying that there were mistake -- that there may not have been mistakes made, but Mr. Mattson was pretty careful and probably would have the records as to whether or not Mr. Lester had the authority to bring these petitions. CHAIRMAN STRAIN: Thank you. MR. VEGA: I represent Dr. Francis Hussey and Mary Pat Hussey in connection with the proposed re- designation of about 950 acres in the North Belle Meade known as the Triple H Ranch. It's somewhat ironic that I come up at this time. I filed my petition for re — re- designation in 2004, well before the Growth Management Plan amendment which we've spent the last 2 1/2 hours on. I don't pretend to think that I will persuade you to change this to a receiving land having rejected the Growth Management Plan amendment, but I would like to walk through the background. Dr. and Mrs. Hussey have owned this land since 1979. It has been designated agricultural since that time. It has always been zoned for one unit per five acres. Earth mining, golf courses, gated developments have always been conditional uses. The land has been harvested for timber probably 40 or 50 years ago. It's been continually ranched since the late '80s. There is a ranching lease on file with the county. There is an agricultural exemption designation with the county that's been in place at this point for almost 20 years. The -- at the time that the rural fringe amendments were adopted, I appeared before you -all objecting to the designation of the Hussey ranch as sending. I see some familiar faces from back then and a 161 Ig March 22, 2007 few new ones. And I was told that I'd need to come back and today would be my day. The issues to me were that at the time the overriding, in my opinion -- and this was somewhat borne out by the testimony at the administrative appeal -- consideration in designating sending and receiving especially in this area was the presence of wetlands and native vegetation. I mean, that really was -- was the fulcrum. And the problem was that it failed to consider the natural resources which might be present on the site. And Administrative Rule 9J5 compels the county to consider the presence of natural resources in making its determinations. Now, that's 9J5.013 -2C2. And I attached to my petition the soil borings which we've already walked through earlier today. I also included in my petition, which as you can see is -- I tried to be as thorough as I could, the -- addressing the issue of are the wetlands on the Triple H Ranch similar to other sending lands. There is a lot of discussion as mining is not appropriate in sending land, and my answer keeps coming back to why. Well, if the why is because there's a lot of wetlands or they're environmentally sensitive, then that's a good answer, but we first need to look at are they environmentally sensitive and is the presence of wetlands the same as what staff indicated. And what I submitted to you -all, and I guess at this point, 2 1/2 years ago was that there's something called a relict wetland, with a T at the end. This is under the Florida Wetland Delineation Manual which is mandatory for the computation of wetlands throughout the state of Florida. No state or local agency can deny it. And if you have altered the soil through drainage it's not enough just to look at an aerial. You actually have to examine the hydrology of the site. There needs to be groundwater within a certain distance of the surface. How close to the surface depends upon the type of soil that needs to be there a certain number of days in a row. Areas with soil that exhibit hydric soil indicators yet clearly fail the numeric criteria under the terms prescribed in the rule relict hydric soils. There has never been a consideration that the Triple H Ranch and the wetlands that are thrown about are, in fact, relict hydric soils. You heard testimony from Mr. Brown Collins earlier that these wetlands are significantly degraded. In 2004 and, also, 2005 when the "re" sort-of submittal took place, I submitted two years' worth of the well - monitoring data from Brown Collins that show that there was never a period in any of these wells where the water got close enough to the surface to be considered a functioning wetland. What has happened through the Golden Gate canal and the 951 canal and the 1 -75 canal and the Wilson canal is North Belle Meade is now an island. And the Hussey lands butt up against the 1 -75 canal at the south, and it keeps draining the lands. You see palm -- you see cypress trees falling in on each other. You see the land gradually transitioning from wetland to upland, but the exotics are moving in faster than the upland vegetation can take root. And I also included an analysis from Breed, Love & Dennis, which was an engineering firm out of Orlando. They used infrared aerials, the same type of infrared aerials used by the county, but they used the ones that were five years more current. As well, they used the low -level aerials that the county property appraiser prepares, and those were within one year of current. So instead of using data that was 1 I years old they used data that was 5 years old and 1 year old, and they came to the conclusion that the percentage of wetlands on the Triple H Ranch is actually less than the average of wetlands of receiving lands in the North Belle Meade, and that's in my correspondence. Now, I'm not about to deny that these lands have environmental significance. As I learned from Mr. Cornell early on, the beauty of Collier County is that every piece of land has environmental significance, and I really can't tell you a way to weigh any type of value against another. My heart tells me that the National Panther Wildlife Refuge is probably a better panther habitat than this and that the real cnix is the red cockaded woodpecker habitat. I' ' 1b} 1a March 22, 2007 But even as a -- as receiving lands you have a native - vegetation retention requirement of 20 percent, which is over 200 acres, and the Red Cockaded Woodpecker Management Plan indicates, although we volunteered more than that earlier today, that 200 acres is sufficient. The final point I'd like to make is that the proposed Wilson Boulevard extension, which is mandatory under the rural fringe amendment, is going to sever this land from the rest of the sending lands in the North Belle Meade. This is the only major sending parcel that is not a NRPA designation in North Belle Meade, and it is going to be isolated from the NRPA lands by the Wilson Boulevard extension. It is going to butt up against receiving lands on its eastern boundary on the north half. It has farmland directly to the north, and while it technically has sending lands to the west, as Mr. Bonness indicated, they're already full of roads and five -acre parcels and homes. This is going to end up an island, and as an island which does not have the wetlands it was represented to the board that it did which does have a lot of limestone and that its environmental considerations can certainly be bome in mind and it would be easier for the landowner to address those environmental considerations if it had the revenue from the use of the property, that a re- designation from sending to receiving is appropriate. CHAIRMAN STRAIN: Thank you, sir. Any questions? (No response.) CHAIRMAN STRAIN: Okay. Thank you. Next public speaker. MR. SCHMIDT: Rich Yovanovich followed by Andrew Woodruff. MR. YOVANOVICH: Actually, I was here to support the re- designation of the American Farms property, and Andy Woodruff is our expert on the Symphony properties and will be getting into the details as to why we believe the staff recommendation that it stay sending is not appropriate under the circumstances, and with that I will turn it over to Mr. Woodruff. CHAIRMAN STRAIN: What properties are you -- do you know the property numbers, Richard? MR. YOVANOVICH: I'm sorry. I was -- CHAIRMAN STRAIN: The American Farms starts on 36, I thought, and went to 96. There's two that were denied, 97 and 98. MR. YOVANOVICH: The -- the cleared ones we're -- we're comfortable with, which are the ones that have been approved, obviously. CHAIRMAN STRAIN: Right. So the only two you're disputing are 97 and 98; is that correct? MR. YOVANOVICH: I don't have a 97 and a 98. MR. WEEKS: Do you have page 3 of the spreadsheet? MR. YOVANOVICH: Oh, I'm sorry. I went -- I went on the map number page. I still don't see it. I'm sorry. Am I looking at the same thing? I'm looking at the spreadsheet. Yeah, this is what -- I'm sorry. I have a different numbering system. CHAIRMAN STRAIN: We have a -- towards the back of our packet for the Planning Commission there's a section titled "American Farms" in the right -hand corner. It says map properties 36 to 41, 95 to 98. MR. YOVANOVICH: No. No. No. No, I'm sorry, Mr. Strain. We're -- we're only here to oppose the determination on the Symphony property -- CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: -- which is -- CHAIRMAN STRAIN: That's what I was getting at. Where -- where is it that you're -- we need to get focused on the right one. Sympathy (sic) property? MR. YOVANOVICH: Starting on the -- well, it's my page 1, and it's Map Nos. 3 through 10. It was formerly known as the Bill Clark property. I 1b I . B March 22, 2007 CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: Are we -- are we on the same -- CHAIRMAN STRAIN: Now, I -- it's in the beginning of our packet, that's correct. It starts out with a letter from Goodlette, Coleman & Johnson. Okay. I think we're all -- we're on the same -- MR. YOVANOVICH: Was that how -- I don't know what they gave you, so -- CHAIRMAN STRAIN: I know. This is why we wanted to make sure we're all on the same page as you. MR. WOODRUFF: Okay. CHAIRMAN STRAIN: Okay. MR. WOODRUFF: Andy Woodruff, for the record, with Passarella & Associates representing Symphony. And, again, as Rich indicated, we are dealing with Property Nos. 3 through 10. And Passarella had done the initial environmental assessment that was given to staff sometime back. That initial assessment was done based on studies in 2002. Based on that initial study, we had documented that a majority of the property was, in fact, drained wetland habitat that used to historically support a pervacious (phonetic) and somewhat partially forested wetland that was drained as a result of the Golden Gate canals in the region. COMMISSIONER CARRON: Excuse me. I can't hear you, so -- MR. WOODRUFF: Is that better? COMMISSIONER CARRON: Yeah. MR. WOODRUFF: Okay. Sony. So we had documented as a part of the initial environmental assessment done in 2002 that the majority of the property was drained wetland habitat. We had also documented some upland habitat that was left on the property. We did not have any observed evidence -- direct evidence of utilization by listed species with the exception of some gopher scat that was observed in some of the upland habitats on the property, but no burrows were ever found as a part of that survey. There are no known red cockaded woodpecker cavities on this particular piece of property, no panther telemetry points that were documented as a part of that study. I will say that since that time there have been several of the parcels on that project site that have been since cleared, and I can give you those numbers. It represents about 45 acres out of the 80 acres that have since been cleared on that piece of property. And those parcels are -- on your map numbers, they're Nos. 4, 6, 7, and 9, and based on the evidence of clearing, I don't see any existing native habitats left on those particular pieces of property. CHAIRMAN STRAIN: David, if these are recommended for sending, how did they get cleared? 4, 6, 7, and 9 they're leaving un- cleared. Did they get a clearing permit? And is a percentage of the property that should have been cleared versus all of it, or how is that -- do you know? MR. WEEKS: I can't speak specifically whether they have -- whether they obtained a clearing permit or not. I would assume they did. But how they could have is because agricultural uses consistent with the Right to Farm Act are still allowed on sending lands, so the ability to clear does still exist despite the sending land designation. Real quickly, you might recall during the rural fringe amendments our legal counsel had advised us don't completely eliminate the ag uses. As long as they're consistent with the Right to Farm Act, they're okay, and so we left that. Secondly -- I really want to suppress this point -- the idea of whether or not the property warrants a sending land designation or not is as of June 20 -- 19th, 2002, the day the rural fringe amendments were adopted. It makes absolutely no sense to say, "We'll give you a one -year window in which to submit environmental data that shows your property does not warrant designation. And, by the way, it's okay if 01006104 March 22, �0 you go out and clear the property during that one -year window and then come in and show us this great clean piece of property." It has to be as of the date that the amendments were adopted. Those were the assertions people were making at the hearing process. They weren't talking about the future. They're talking about right now my property does not warrant sending designation. So if any of these properties have been cleared since that time I'm -- I'm telling you don't let that sway your decision. It's not appropriate. It's not what the intent of the regulations were. CHAIRMAN STRAIN: Thank you. Were these properties cleared since that time? MR. WOODRUFF: I don't know the date of the clearing. I do know that the date of our initial studies predated the June 2002 deadline that David speaks about, so it was sometime after the studies that we'd initially conducted in the spring of 2002. CHAIRMAN STRAIN: Okay. So when you did your studies it was not cleared. MR. WOODRUFF: That's correct. CHAIRMAN STRAIN: Okay. Thank you. Any other questions of this gentleman? (No response.) CHAIRMAN STRAIN: Thank you, sir. Next speaker, please. MR. SCHMIDT: Mr. Bob Mulhere, last speaker. MR. MULHERE: Good afternoon. I'll, I hope, be very, very brief. Bob Mulhere representing Gargiulo Land Trust. I think there are two parcels. I think the numbers on your spreadsheet are 91 and 92. Staff is recommending approval. Those lands were -- were cleared and utilized for agricultural purposes, and they were cleared prior to the amendment being adopted. CHAIRMAN STRAIN: Are you objecting to the -- MR. MULHERE: No. CHAIRMAN STRAIN: -- staffs recommendation? MR. MULHERE: No. No. No. CHAIRMAN STRAIN: Okay. MR. MULHERE I'm just here if you have any questions. But I do want to clarify one thing. On the spreadsheets it indicates that there was 300 and some odd acres. The actual acreage is about 14 acres. CHAIRMAN STRAIN: I didn't have any questions, but since you felt you had to defend it I think maybe we should find some. MR. MULHERE: That doesn't sound fair to me. CHAIRMAN STRAIN: Does anybody else have any questions? MR. MULHERE: You know, when you're getting paid to be here, once in a while you've got to get up and make sure the client knows that you were here. CHAIRMAN STRAIN: Okay. I think we -- is there any other public speakers? MR. WEEKS: No, sir, there are not. MR. SCHMIDT: No. CHAIRMAN STRAIN: Okay. Any questions from the commission? (No response.) CHAIRMAN STRAIN: Is there a motion for consideration of this particular request? Okay. Does anybody, like, want to make a motion to recommend transmittal to the Board of County Commissioners possibly excepting out the ones that are represented by -- or that are shown to be under the Mr. Lester question? COMMISSIONER VIGLIOTTL• I'll make that recommendation. CHAIRMAN STRAIN: You'll make that recommendation. COMMISSIONER ADELSTEIN: I'll second it. s' March 9007 CHAIRMAN STRAIN: There's a motion made by Mr. Vigliotti seconded by Commissioner Adelstein. The commis -- if I'm not mistaken, the motion is to recommend transmittal as staffs produced it with the exception of those parcels that were approved with the submissions made by Don Lester because they were incomplete submissions as submitted by staff. Is that a fair assessment of the motion, Mr. Vigliotti? COMMISSIONER VIGLIOTTL• Yes. CHAIRMAN STRAIN: Okay. And Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. Now, Mr. Tuff. COMMISSIONER TUFF: If we leave those in -- out and let's say they were legit -- and he said then they're all done; it doesn't matter. So would that be a fair position to put those folks in? CHAIRMAN STRAIN: Well, I think that if they were legit then they would have submitted the proper paperwork required by the rules put in place in which to be reviewed. Just like any other agency, if you -- if you're not legit, you don't get reviewed and -- COMMISSIONER TUFF: But I didn't hear him say that as competently as I -- CHAIRMAN STRAIN: Well, I -- were the -- were the -- was there a requirement stated by the Board of County Commissioners in extending this one -year time frame in which to challenge the sending to other designation? Was the requirement to supply staff with the right to know that the person supplying that information was representing the property owner? MR. WEEKS: It was -- it was not adopted in the plan. I don't even recall it being discussed, period. I'll -- staff simply looks at it from the perspective of -- of no one has the right to initiate a change in their designation or zoning other than the landowner or their authorized agent. That's just a given legal principle. CHAIRMAN STRAIN: Okay. Any discussion on it? I mean, I just don't see that it --Russ, do you have -- I mean, why don't you -- do you have anything -- strong feelings? COMMISSIONER TUFF: Well, it may seem like we're grasping at it, but it seems like -- let's say they really did want him to and they wanted to be there and we're taking them out, and then he's -- he gets it done and he said, "I wanted that," and you guys just took it away forever. CHAIRMAN STRAIN: Well, you know, the other part of the -- the problem is you're looking at -- like, the Hideaway Golf Club, 85 acres put in by a man that may not be representing them because there's been no documentation. That transmits into a lot of density for a club that was established under rules prior to the time in which the rural fringe provided that kind of density. So why are they getting something for nothing is what I'm wondering if they even -- if it should be in place in the first place, that was my thought. Richard, do you want to contribute a comment? MR. YOVANOVICH: Yeah, I do for a couple of -- a couple of different points. This process has been a different process. And I -- I represent -- I now represent Hideout Golf Course. At the time I did not. We -- we accept what Mr. Lester does -- did, and I've written a new letter saying I'm now the authorized agent. I assumed, since I clarified it with staff, we were okay, so I didn't speak on the issue. I didn't see a need to speak on the issue. Now, I wrote letters on behalf of others submitting the documentation. Now, I wasn't questioned -- and I hope I wouldn't be questioned because I wouldn't submit something without authorization. So, I mean, there's no formal form to fill out in this -- this -- this process. It's different. It's unique. CHAIRMAN STRAIN: Are you an -- you are an attorney. We know that. MR. YOVANOVICH: Uh -huh. CHAIRMAN STRAIN: You come under regulations of the bar. We know that. Are there certain elements that you have a right -- you have more flexibility in in regards to your -- the way you operate in March 22, 2007 the public than people who are not members of the bar; is that a true statement? MR. YOVANOVICH: I -- well, I have ethical standards that I have to meet that -- CHAIRMAN STRAIN: Right. Is Mr. Lester an attorney? MR. YOVANOVICH: I don't know -- I don't know Mr. Lester's personal background from -- other than when -- other than when I got to see him at the administrative hearing. I don't know anything about him. CHAIRMAN STRAIN: Is he -- is he here today? Does anybody know? MR. YOVANOVICH: I'm pretty sure he's not here today. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: But what I'm suggesting to you is I did provide information saying we're -- we're -- we were comfortable with Mr. Lester's position and now change him over to Rich Yovanovich. So I would hope that -- and that's why I didn't get up and speak on that particular petition because I didn't think I needed to. And I just got up because I think that's exactly what Mr. Tuff is getting at. There may be others in my situation that have property owners that were comfortable with what Mr. Lester did, and that's all I've got to say. CHAIRMAN STRAIN: Okay. Thank you. Mr. Vigliotti. COMMISSIONER VIGLIOTTI: That changes it for me. CHAIRMAN STRAIN: Well, that's fine, and that's why -- that's why the discussion occurred. If it changes it for you, you need to withdraw your motion, and so does Mr. Adelstein, and we need to make a new motion. COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Yes what? COMMISSIONER VIGLIOTTI: I'm making a new motion. CHAIRMAN STRAIN: Do you want to withdraw your first motion? COMMISSIONER VIGLIOTTL• I want to withdraw the motion. CHAIRMAN STRAIN: Okay. Does the -- does the second agree to withdraw the first? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER VIGLIOTTI: Now, I want to include the other. CHAIRMAN STRAIN: Could you now restate the motion? COMMISSIONER VIGLIOTTI: I'd like to make a recommendation for approval and include the ones in question. CHAIRMAN STRAIN: Okay. COMMISSIONER ADELSTEIN: That's it. CHAIRMAN STRAIN: Recommendation to transmit as presented by staff then. COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Okay. Any second to that? Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. Any further discussion? COMMISSIONER MIDNEY: Yeah, I -- does that mean that we're going back and granting this density to the golf course? CHAIRMAN STRAIN: Yes. Yes. And for that reason I will be voting no on this motion. Okay. So with that all those in favor of supporting the motion as recommended -- or as suggested; that is, in support of transmittal of staff as presented today, signify by raising your hand. Oh, I'm going to say no. COMMISSIONER VIGLIOTTI: (Raised hand.) COMMISSIONER TUFF: (Raised hand.) l�� 1 March 22, 2007 COMMISSIONER ADELSTEIN: (Raised hand.) CHAIRMAN STRAIN: Do you want to -- so three. Three vote for it, four against it. So now let's go back for another motion. Mr. Midney, do you want to make a motion? COMMISSIONER MIDNEY: No. CHAIRMAN STRAIN: Okay. I'll make a motion. I'm recommending denial of transmittal -- or recommending approval of transmittal for -- with the exception of those five parcels that have -- are being represented -- or being shown to be represented by Mr. Lester but that are in question. COMMISSIONER MIDNEY: I'll second that. CHAIRMAN STRAIN: Okay. Motion made and seconded. Is there any discussion of this particular motion? All those in favor signify by saying "aye." COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARRON: Aye. CHAIRMAN STRAIN: Aye. Who's opposed? COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: (Raised hand.) COMMISSIONER VIGLIOTTI: (Raised hand.) CHAIRMAN STRAIN: Okay. Motion carries four to three as complicatedly stated. Okay. We have been at it for an hour and a half. Mr. Lindsey -- Mr. Adelstein is leaving. We have about another hour to go. We'll take a five - minute break before we resume. We'll come back here at -- what is it? -- 3:40. (Recess held.) (Mr. Adelstein left the room.)' CPSP- 2005 -15 CHAIRMAN STRAIN: Okay. We can resume our meeting. This time we're on the last petition of our day and the last petition of our list; however, we still will be in need next week. The petition is CPSP- 2005 -15, and it's a petition that establishes the right to produce that transport corridor map and the transportation element of the Growth Management Plan. And this petition is being presented by our own transportation department. Nick. MR. CASALANGUIDA: Thank you. Thank you, Commissioners. For the record, Nick -- COMMISSIONER CARRON: Go slow. MR. CASALANGUIDA: Nick Casalanguida. Give you a little introduction as to why and where this came about. About a year ago we tried to do a new alignment setback in the estates because we had identified a roadway and realized that there was no mechanism to stop people from building homes so close to roadways, and so we were going to try and do an increased setback and do it like a corridor preservation area, and we realized that we were getting the cart ahead of the horse. In order to do that, you had to have something in the GMP that authorized that -- that or recommended that. And from recommendations -- you've been working with David, and he pointed out certain things, that in the process you need to follow. We did a little bit of research what other counties were doing. We looked at Center for Urban Transportation research, Florida Statutes, and things like that, and these practices are recommended. Pasco County itself has a corridor preservation map and ordinance inside there as well too. What it's really telling us -- or what it -- what it -- what it recommends that we do is once we NUM 161 1a March 22, 2007 identify a corridor we need to protect that corridor. This isn't the how we do it. This is what it wants us to do. So I -- last night we met with the civic association, and they were concerned that this was the how. This is the -- you know, we're not going to get into that as -- until the ordinance part of it. So the intent of this is to lay out a corridor once it's been adopted and it's referenced in the long range transportation plan using that map. For instance, our first, probably, road we'll bring forward is Golden Gate Boulevard. It's at 30 to 60 percent design right now. Once we have those design plans and we know where the new right -of -way is going to be, we'll bring that map forward to the Board of County Commissioners not as a roadway project design but a corridor preservation map so that any new houses that come on board would have to set back from the new right -of -way line. Anybody applying for a permit would do that -- would know that. Existing homes would have to be covered by that. If someone has a home that's 30 feet off the new right -of -way and they want to put an addition or a garage, when we do the ordinance we're going to have to accommodate that. We don't want to restrict that existing homeowner from being able to put an addition on. That's not in there, but that's the gist of what we're going to do as part of the ordinance. What this policy says is that within a year we're going to come back with an ordinance that defines how to do that, that any map we bring forward will have to be adopted by the board with detail, and using that map will increase the setbacks based on that map, similar to an overlay. What that does for a future homeowner is when they're going to build a home -- one of the biggest complaints we had was, "Why didn't someone tell me this was going to be a six -lane road when I sited my house? And why -- and now I'm 25 feet off the new six -lane road." Well, when there's an overlay now with an increased setback, you will go for a building permit, and through the process you will be told to set back even farther. Now, as part of the ordinance, we're going to have to make accommodations. It's not going to be perfect. There are going to be times where the overlay may be a total take with the overlay. So there are provisions even through the Florida Statutes as I've read, if you're not willing to buy that property at that time, you can't stop him from building on it either, but at least he's been notified that's going to happen. We'll include that in the ordinance as well too. Referencing the Florida Statutes, it talks about interim uses and coordination. Critical in the intersections of what we're going to do as well -- if we have an intersection we've designed -- and a perfect example is Immokalee /Collier. We've done conceptual planning design. We've done a single -point urban interchange grade separated for the future. When you say how long, 15, 20, 30 years in the future, but if we hadn't done anything with Heritage Bay just recently in front of the board for that right -of -way there would have been a CVS there, a bank, and there's no way we would have been able to acquire that right -of -way reasonably cheap. Cost savings -- today we spent a million doll -- a million eight in impact fee credits. In our LRTP it identifies it as almost $7 million, and it would have been higher if that bank was built. So if you have an overlay at an intersection what do we do? At the time we go to site development plan review and approval, you would look at the intersection overlay, and if it's meant to be something bigger than what it is right now they would have to accommodate that. Now, accommodate that how? Well, could you put your parking over there? And then we could relocate the parking later. I would rather relocate parking or water management than I would a building, so that -- that -- the things that you can do as far as interim uses. That's the critical part of what we're doing here. The second part of the Amendment Policy 3.6 gets into the fact that there are developers out there who are willing to work with us. I'll give you an example of Golden Gate Boulevard, the Walgreen's that's at Golden Gate and Wilson. They were in the process of doing their site plan. We know we're widening Page 91 1ha 22,,U7 that intersection. We've asked them for right -of -way. Their response was, "I would love to give it to you, but when I give you the right -of -way these are my new setback lines, and it's restricting my building envelope." And I said, "Okay. So you want to donate the right -of -way to save the money -- to save the county money, but you're going to be penalized for that, for donating it, because the setbacks will increase." And he said, "Absolutely." So I tried to work with staff to say, well, let's reduce some of the things such as buffers and setbacks. There was no mechanism to do that. So Policy 3.6 says we can do that. If someone's going to donate some right -of -way, we can make reductions in buffers and setbacks accordingly. What does that do? If he had said, "I'm not going to work with you at all," I have no mechanism to stop what he's doing. I would have come back later and had to go through condemnation and buy it anyway, and I would have destroyed the buffer, destroyed the setback, and destroyed everything else that's in the area. This way you can work together to make adjustments and he doesn't get punished for doing that. So that's one of the concepts in Policy 3.6. We also mention in here that if there's a conflict with what we're doing with any section of the GMP it has to be brought to the board for interpretation because we realize going through this there are going to be times that environmental policy or another policy says to do this and the roadway acquisition policy says something totally different. Well, if there's a conflict, we take it to the board and have the board to do a determination. I don't know if you want to call it a higher value, but what's in the better good of the county. We've met with the Environmental Advisory Committee. They've already been unanimously -- unanimously for it. We've met with our own environmental division, and we've discussed the fact that we don't want developers putting preserves in future road right -of -ways and then having us take them up later on so that when -- when they plan for these developments they're not putting certain uses in there. We've met with DSAC. It was a split vote, but their recommendations were taken into effect. The county attorney helped us condense it. It was much bigger, and we brought it down to bullet points, and it eliminated some of the DSAC conflicts as well, too. We have also met with last night the Golden Gate Civic Association who had concerns that this was, in fact, a take, and we said that anytime we do this it has to be brought to the board for adoption. And we're not going to do it haphazard. We'll have to have some sort of justification. That relieved their concerns a little bit because they thought staff would be able to arbitrarily lay out a corridor and say, "We're going to preserve this corridor." That pretty much is the -- is the -- is the basis of my presentation. I'm sure you'll have some questions. And I have some references to statute if you want me to follow that up as well too. CHAIRMAN STRAIN: Okay. Mr. Midney. COMMISSIONER MIDNEY: Say that my house or my front yard is in your corridor. How -- how is this different from eminent domain where you already have the right to take my property? MR. CASALANGUIDA: This is a preservation instead of a taking. It's -- it's more -- not geared towards an existing house but a future house, so it setbacks (sic) farther. If, for instance -- I'll use Golden Gate Boulevard for example. If your house was 60 feet off the existing right -of -way and we were taking 50 feet or 30 feet, the corridor preservation wouldn't do anything to you, per se, but in the ordinance the way we'd structure it -- if you wanted to put an addition on your existing house right now, you'd have conflicts with setbacks for the new line. All right. Speaking of Joe's shop, it becomes legally nonconforming. But your new addition may have problems. One of the things behind the ordinance is it will allow up to a certain extent, unless you do a total rebuild, that you can add to that house. If you choose to say there, why would you not want to add to that location, put a living room on? You would be nonconforming, but you would be allowed to do it through Page 92 161 18[ March 22, 2007 the ordinance to maintain in that area, so we'd have to put language that would specifically deal with that. And that was the big concern from the Estates residents last night too. COMMISSIONER MIDNEY: What right would you have to appeal? MR. CASALANGUIDA: In the state statute, it talks about that I have to provide an appeal process, that if I provide one of these corridor protection overlays, as part of me doing the ordinance, I have to have an appeal process in there, so we would build that into the ordinance, an appeal process. COMMISSIONER MIDNEY: What kind of compensation would there be for the property owner? MR. CASALANGUIDA: There wouldn't be any compensation up front unless it was a take. If I don't deny you the use of your land -- in other words, if I'm doing a corridor protection reservation maps (sic) in Golden Gate Boulevard, you wouldn't get compensated until the actual take, but what would happen would be is as long as you could still build your house, the new location, if it was a vacant lot, and we haven't diminished the use of your land, you wouldn't get paid until the actual take for that, but you would be compensated when the take took place. COMMISSIONER MIDNEY: Doesn't it always diminish the use of your land if, you know, they're putting a road through your front yard? MR. CASALANGUIDA: Right. You would -- you would get paid for that when the land was acquired, but in the meantime if -- if I'm not ready to build that road for, say, three years and you can still build your house but farther back, you have still the ability to use that as a single - family lot, then there is no compensation for it. CHAIRMAN STRAIN: Miss Carron. COMMISSIONER CARRON: But when do I find out about this? If I come down here and I'm buying a piece of property -- MR. CASALANGUIDA: Uh -huh, COMMISSIONER CARRON: -- I'm not going to find out about this corridor preservation plan until I go to pull permits? MR. CASALANGUIDA: No, I -- I would think it's a part of a due diligence. And it's a good point. Now, if you look at our long -range transportation plan, there are a bunch of roads on there that are scheduled to go from two to six, say, Everglades or Wilson, two to four. Right now if you come down to buy a lot on Wilson, even though I don't have a design on Wilson, it's on my plan to go to four lanes. As part of your due diligence, you may ask, I mean, but there wouldn't be anything different than that other than to say that it's on the long -range protection plan; that corridor might be protected. It would be up to the individual person buying to say, you know, "What am I buying? What am I getting into ?" CHAIRMAN STRAIN: Miss Student. MS. STUDENT - STIRLING: I just had a thought that maybe in the ordinance itself -- and maybe this isn't the place to put it, but maybe a notation could be placed on the zoning atlas map, you know, where these corridors were and to refer you to, you know, the -- and you could put that in the ordinance. MR. CASALANGUIDA: You -- you brought up a good point. I was reading the Florida Statutes. It says when I do a corridor preservation map I have to record the map with the clerk of courts so that -- MS. STUDENT - STIRLING: Oh, okay. Well, that ought to help too. CHAIRMAN STRAIN: Right, on the title end. MR. CASALANGUIDA: So that -- that's part of -- in the Florida Statutes, and we're going to model it based on the Florida Statutes. CHAIRMAN STRAIN: Okay. Mr. Vigliotti and then Mr. Tuff. COMMISSIONER VIGLIOTTI: Nick, you said you have one year to put this together? MR. CASALANGUIDA: I have one year to put it together, the ordinance, after this -- this is adopted. I'm going to start working on the ordinance prior to adoption, but I have one year from when this Page 93 16; I March 2Z; 217 is adopted to go through and put the ordinance together. COMMISSIONER VIGLIOTTL• And it will come back before us again? MR. CASALANGUIDA: Oh, absolutely. Yeah, that's going to be the hard part. CHAIRMAN STRAIN: Mr. Tuff. COMMISSIONER TUFF: Well, like, Vanderbilt Beach Road, you know, there's a lot of controversy over that with people saying, "Well, now they've got me held down. I can't get my money. They're not paying me enough money." MR. CASALANGUIDA: Right. COMMISSIONER TUFF: And if this was in place how would have that affected that -- that whole transaction, good and bad? MR. CASALANGUIDA: Good and bad. The earlier it's in place, obviously, then people -- anybody building would know. Right now the problem with Vanderbilt, you know, good or bad -- we have some developers who'll put the building right smack in the middle of the roadway knowing they have a buyer for their building or -- or put improvements right smack in the right -of -way. We can't stop them. There is nothing in there that would allow them to legally stop them from doing that. So a developer could buy five out - parcels, put the house in the middle of the foot -- roadway footprint knowing that the county's got to buy my house in the future; I've got a willing buyer at top dollar. So I hope that answers your question. COMMISSIONER TUFF: But just --some people feel that they're frozen and the --the county's not coming forward to do what they said they were going to do, and I -- would this cause more harm in this situation? Because most of the corridors you're going to put in will -- probably are nonexistent places now, and you'll put it in there and say, "We're going to go here and" -- MR. CASALANGUIDA: Well, I wouldn't do that. COMMISSIONER TUFF: Do you really hurt those people that are there in case it doesn't -- maybe it'll never ever go through or -- MR. CASALANGUIDA: And that's a good point because this came -- a lot of these discussions came up last night. We're going to be cautiously optimistic in any corridor we put on here. It will not just be just the -- the roads on the LRTP. Even in discussions with Don Scott we talked about having -- doing the IGR for Everglades and I -75. That would be a good road to put it on, but knowing what we know with the development to the east -- are we going to get an interchange there? Will the interchange be to the east in a -- in a future development? So although Everglades is determined on the map to be widened to a future six lanes would I put one on there? Absolutely not, not until I know for sure that's going to be an interchange and be widened. So I think the cautious way to approach this would be all the critical intersections would be first and foremost because I know those will be widened to some extent. Any roads that don't have design or aren't -- aren't programmed for construction in a short amount of time, I'm probably going to leave those alone until I know for sure that's coming forward. And then for me to bring a roadway forward it has to go through a public- notice process. The people on the corridor have to be identified, and it has to be brought to the commission. So just picking one and throwing it on there is not an easy process, and I -- and I better have a real good justification as to which road I put on there. I probably would look for two roads next year, Golden Gate Boulevard and VBR extension to be put on this. And I think after that I'll, you know, look at a pause and see what else is there. CHAIRMAN STRAIN: Miss Carron. COMMISSIONER CARRON: Yeah, couple of questions. If you put this in place, it says here in A 161 1 B March 22, 2007 the language that it'll go to the Board of County Commissioners. Will it ever pass by this board for discussion? MR. CASALANGUIDA: If you'd like it to to -- I would think that -- it just says the Board of County Commissioners. The -- the Florida Statute says the County Commission level. It references the County Commission. So if -- if that's something that you wanted brought forward through the Planning Commission, I wouldn't have a problem with that. COMMISSIONER CARRON: And by Policy 3.6 here that you're adding you can eliminate preserves, setbacks, open space. You can totally eliminate everything. MR. CASALANGUIDA: Reduce, modify, or eliminate it, but brought through the Board of County Commissioners. And the reason that happened -- again, I -- I caution you. This is becoming a bigger problem, especially in the urban area. If -- if you can't work with somebody, they're going to just say, "Take the property. Condemn it," you know, and it's being eliminated anyway. They just -- they get -- they don't -- they're not going to give it to you for free, and they're not going to work with you on it, so allowing a reduction of modification through the board at least allows a process where the property owner may get some benefit out of giving you the land instead of charging you for it and saying, "Taking (sic) it." I can tell you in acquisition cases it is unbelievably costly -- the nursery on 951 -- to be -- to go into a full -take mode. Attorneys get involved. And the developer -- the owner was ready to work with us, but he says, "I'm being -- I'm being harmed, and -- and I'm getting nothing for it." So this really helps us to do that. CHAIRMAN STRAIN: Okay. Nick, let's go to 3.6. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: You have a sentence on there that says -- and Tor probably loved all these new acronyms -- "The TCPP shall allow for certain uses of such property that do not conflict with the plan prior to the construction of the facilities." Now, that seems to me that you're going to -- you're going to limit a property owner's right to use his land as he bought it for based on the placement of these traffic corridors. Is that a true statement? MR. CASALANGUIDA: That goes back to my original comment that if I had to choose between a building and a parking lot, yes. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: I would say that you can't put a building there, but you can put a parking lot there. CHAIRMAN STRAIN: Nick, let me go back. I'm trying to get to another answer. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: But I need you to be more succinct, and the way you -- I didn't -- I didn't ask for a paragraph, just does that limit a property person -- a person's property rights in regards to what he will be able to do if his property is shown as a corridor on a plan? MR. CASALANGUIDA: It does. He has the right to appeal. CHAIRMAN STRAIN: Right. MR. CASALANGUIDA: And if it damages him he can ask to be acquired, and that'll have to be a part of the ordinance. CHAIRMAN STRAIN: Okay. Then if we further go down, it says, "New or expanded facilities that may be -- must be protected may be approved by the Board of County Commissioners at any time provided that the comprehensive corridor study or traffic analysis has been completed." MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: So once this plan's produced it can be amended by the BCC whenever Page 95 6 a %( , March 07 they feel like it. MR. CASALANGUIDA: That's correct, brought to the board. CHAIRMAN STRAIN: Okay. Then the last sentence, "Any corridors protected under the plan may be dedicated to Collier County and shall not be subject to time limits." MR. CASALANGUIDA: I'm not sure you're look -- we're looking at the same one. COMMISSIONER CARRON: Yeah, I'm not -- I'm not reading this at all in here. CHAIRMAN STRAIN: Well, this is the one that was given to me. You got a new one? MR. CASALANGUIDA: Let me hand you -- I have an extra copy of the one I have. It's one page. CHAIRMAN STRAIN: Well, this is the one I've got, one page front and back. MR. CASALANGUIDA: No, that's the truncated version by Marjorie and myself. CHAIRMAN STRAIN: Well, how did this -- well -- COMMISSIONER CARRON: Yeah. CHAIRMAN STRAIN: Okay. COMMISSIONER VIGLIOTTI: I've got this one. COMMISSIONER CARRON: I've got it. MR. CASALANGUIDA: Have you got the truncated version? COMMISSIONER TUFF: Uh -huh. MR. CASALANGUIDA: Yeah. COMMISSIONER MIDNEY: Mine is three pages. COMMISSIONER CARRON: No, you don't have it either then. MR. CASALANGUIDA: You've got the right one. CHAIRMAN STRAIN: No, that isn't it. MR. CASALANGUIDA: No, you've got the right one. It's just one page. CHAIRMAN STRAIN: Okay. Is this my copy? MR. CASALANGUIDA: You can keep that. CHAIRMAN STRAIN: Okay. That kind of completely messes up my train of thought on this whole matter. MR. CASALANGUIDA: Well, the gist of what's in the -- the pages that you had have been just modified to bullet points, so if you - -- you could -- it's only one page long if you want to quickly read that one. CHAIRMAN STRAIN: When does the county -- if they show a corridor map -- MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: -- a transportation corridor map, you -- you drop these corridors on the map, you -- you record the map. When does the county have to buy the land? MR. CASALANGUIDA: It has to buy the land when we actually go to the design and construction phase, when we acquire it, or if we limit the property in such a way that it becomes unusable. The person who's got that overlay on it can say to the county, "You've, in effectually made a — in effectually made a full take of my property. I've lost the use. I'd like you to purchase it." And they can do that through the ordinance. We'd have to put that in there. CHAIRMAN STRAIN: The purchase price of the property is based at what time frame? MR. CASALANGUIDA: At the taking time frame, I would imagine, sir. CHAIRMAN STRAIN: Okay. So the taking -- the purchase price of the property is devalued because you show somebody put a thorough -- a corridor map over the top of it. So the day you do that, as Mr. Midney said, you take the property and you gut its value. Then you go down the road 4, 5, 10 years and decide, "Okay. I'll buy it from this guy. Now that I've devalued it enough I can afford to buy it." And at the same time I'm not going to allow the property owner to use his property for his property kd22, 4 l rights and build the buildings he wanted to build or use it for what he wanted to. I'm going to restrict him so that I'll even have to buy it for less than what I would have if I didn't restrict him. So how is that fair to the comm -- the citizens? MR. CASALANGUIDA: Sure. Let me explain that. First of all, there will have to be an approval process and appeal process in here. If someone comes up to the board and says, "You in effect -- you in effectually have done a take where you've reduced my ability to do that." We envision this, for instance, in Golden Gate estates. You -- now you're talking about quantify what -- what the impacts might be. Say a lot right now the setback is 75 feet from Golden Gate. Say I'm going to take 30 more feet to widen the road. The new setback would be 105 feet for that new home so he's consistent with that 75 -foot overlay. If a property owner comes in and says, "I can't build 35 more feet back" -- but -- but, see, that's the -- the rub, I guess, is if he can -- if he can set the house 35 feet back, I would think the owner of the home -- and we've heard this many rimes from the Estates residents, "You've helped me out by telling me that road's going to be there. I'm setting back farther. What am I adding? What are my costs that I would in -- incur? Well, I'm going to add maybe 35 feet of lime rock driveway, but I'm going to put my septic system and my home 35 feet farther back." So if he can still build the home he wants the size he wants knowing that a road is coming but be set back farther his -- his take, per se, or his inability to use his land has been reduced drastically. He -- he can still use that land for his intent. CHAIRMAN STRAIN: And, Nick, I fully agree with you on part of that. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: If you're a new property purchaser and you're going to go out on -- and the Estates is perfect. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: If you go out there and you buy a five -acre tract and you want to build a home or whatever you want to do in the future and these corridors show up -- MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: -- you're well prepared. It's buyer beware. You know what's going to happen. But at the same time if I bought a vacant five -acre tract and I bought it 10 years ago and it's still sitting there and you drop a corridor plan over the top of my vacant 10 -acre tract -- MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: -- I come in and want to build a house, you've severely restricted my rights to build on my property, but you haven't bought my property. MR. CASALANGUIDA: Well, when you say severely restricted, if I'm asking to just set back 35 more -- more feet but you can build the same house, I guess that's the argument, if you can still do what you want to do but you're -- you're building farther back. Now, any plan I take to the board I'm going to have to be cautious on. The two I would prefer to take would be Golden Gate and VBR. Those are in -- in -- pretty far along in the design phase. I think now the idea would be on those is to tell a builder, for instance, "Don't stick your house on the back of the lot line in the middle of the right -of -way because -- don't expect the county to buy that." And if you're a homeowner, "If you can still get your property in, your building in that you want -- we've had public meetings. You know what's coming. Set back 35 more feet. You're still getting the home you want. And within a year the right -of -way department will be contacting you to make that acquisition." So if it's not used prudently -- I can see where you would say, if I put this on Everglades Boulevard where I don't know if this road's going to be widened, if there's going to be an interchange, maybe I would agree with you, but if we'll use it more prudently and it's got to be adopted by the board closer to the actual Page 97 l March 12,4007 construction of the roadway when we have it in our five -year work program when we know it's going to be there, then, in essence, I don't think that that -- that limitation of your property rights is happening that much. You're actually -- it makes more sense to do it at that point in time. CHAIRMAN STRAIN: See, I think for future owners this is a good protection. For existing owners it's definitely devaluing their property to a point where you're able to take it at a much lower price, and I don't think -- I think that might be considered inverse condemnation or some legal phrase like that, but at the same time there's another big caveat that I think's going to happen in this whole program. These road corridors, you're not going to put them shown through the middle of gated communities and golf courses. You're going to put them through standard zoned subdivisions, the people who generally can't afford to live in gated communities, who can't afford to live along the side of a golf course because you aren't going to take out any golf courses. So what's going to happen is all the typically zoned subdivisions in this county are going to be the ones mostly affected by this, and that's where most of the working people in this county live. So I'm just wondering from the fairness point of it. You're not going to be going into gated communities to take their roads for thoroughfares or take their right -of -ways or portions of their properties. You're actually going to be going into places like Golden Gate Estates to service the lands to the east, I would think. MR. CASALANGUIDA: Well, I -- I live in the Estates, and even talking to the civic association last night and some of the residents the concerns you have they had as well, too, and -- and when we talked about getting them closer to the actual construction of the road they were -- they were a little bit relieved. But if you're asking me if in the urban area would I be doing this, I would do it anywhere where we've got a legitimate roadway in our 20- -- you know, our 25 -year long -range transportation plan that showed a future alignment that makes sense and we're ready to build. Would I do it on Santa Barbara extension? Sure, I would. We're at almost 60 percent design right now. That would be another one you would bring forward and say, "We've got a design. We have funding in the next year. I want to make sure everybody knows set back a little bit farther." But I'd caution you or recommend to you that in the statutes it tells you I have to have an appeal process. If I've limited or -- or hurt you in such a way that it -- you have the inability to use that property, I have to buy it, and if I can't do that -- there's one section; I want to find it. It says that if I can't buy it, then I can't stop you from doing what you want either. If you -- if you can prove that I've damaged you -- and I'll find that section if you want to give me a second. CHAIRMAN STRAIN: Who would the appeal be to, Nick? You said there's an appeal process. MR. CASALANGUIDA: I would think it would be to the Board of County Commissioners. CHAIRMAN STRAIN: The same people who put the -- who vote to put the corridor on the map. It's kind of like a wasted effort, but -- MR. CASALANGUIDA: I wouldn't know who else to appeal to. CHAIRMAN STRAIN: I know, and that's -- that's where the unfairness comes in. And I'm -- again, I -- I understand what you're trying to do, and in a lot of ways it's a very good idea for future landowners. I'm more concerned about current landowners and current neighborhoods who are most likely the ones that are going to suffer from this because you aren t going to be going into a lot of the upper - valued neighborhoods with gated communities and golf courses and stuff like that. I mean, you're just not going to do it. It's going to be too costly. MR. CASALANGUIDA: Well, I'll disagree with you a little on the value. I mean, it's funny because we were talking about tax bills outside. My neighbor in the Estates just built a $4 million house, and I've -- I've got three of them on my street, and I -- that scratches my head, too, that some of them are more expensive than the ones in the urban area. Even on our VBR extension some of those homes are unbelievable. �b March 22, Afl I don't think I'm -- it's targeted towards any particular neighborhood. I think when you look at our 25- --when you look at our 20 -30 long -range transportation plan, our building is going east. If this is done prudently and it's done according to what the statute recommends, appeal periods and notification and hearings and adoption schedules and we craft this ordinance with that in mind, with the concerns that you have, I think we can do a good job with that. CHAIRMAN STRAIN: And this -- Nick, I -- I agree with you. I don't think this is targeted for any neighborhood. In fact, I would absolutely doubt that it is. I don't think anybody had that idea in mind. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: But what I'm worried about is the way it's written it doesn't lend itself to go through the -- the communities that are more cohesive. Homeowners' associations, for example, in gated communities or PUDs are very well organized. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: They would stand up a lot stronger than individual subdivisions zoned independently like the Estates or like other -- I don't know many of them in the county that are, but those would be the ones, I think, that would be more prone to have this happen to them because it would, obviously, be easier to do. And it has nothing to do with what you may have targeted. I think that's going to be the outcome of it, though. MR. CASALANGUIDA: I think as we get to the ordinance stage -- I mean, when we move forward and you see the ordinance, this is probably going to be a 30 -page ordinance in detail with appeals. That's going to be the toughest part of my job is putting this together with staff, comp planning, and legal. This is telling us what to do. The how is going to be extremely difficult and challenging. And I think as long as we put in reasonable safeguards in the ordinances that protect those rights, make sure there's notice and a proper appeal, I think we've done our job. Reciting from state statute, it tells me to do it. It tells me to prepare maps of reservation. It tells me to do certain things. Doing the homework that you've all requested I do when we first started this, it made me -- it really brought me some insight when I looked at what -- what they tell you to do. It says protect your corridors at all cost for health, safety, and public welfare. It's -- it's in line with what Pasco County has done. So keep in mind the policy too. 3.5 and 3.6, they're different. They're together because they're in the same section and they reference that, but they're two different things. One is that thoroughfares corridor protection, and one is that right -of -way acquisition, so they're two different things. But in consistency with state statute and what other counties have done we'll try and bring you a thoughtful ordinance forward that takes into all your considerations. CHAIRMAN STRAIN: Okay. Mr. Tuff. COMMISSIONER TUFF: So rather than create a whole bunch of new laws and rules that were going to be very difficult to make and have a lot of potential for error -- the laws that are in existence today, I'm not sure if they're -- you know, they want -- are they that deficient that we can improve upon them? You know, there's laws for people that you explained already, and I -- I'm scared that we're creating more of a nightmare for the people that have already homes that have already built than the -- than what is available to you and them now. MR. CASALANGUIDA: Well, I'll give you an example. Right now if you rebuild a home that's in -- doesn't meet the setbacks I think you have to redo the house to the new setbacks if you do over 40 percent. I -- Joe's here. COMMISSIONER TUFF: But I'm -- not the new homes, but the existing homeowners. MR. CASALANGUIDA: No, that's what I mean, existing homes. If you expand on an existing 0_ •• 16i 3B► March 22, 2007 home in the Estates or anyplace, if it goes over, what, 40 percent it has to meet the new code and setbacks and criteria? UNIDENTIFIED SPEAKER: Greater than 50. Greater than 50. MR. CASALANGUIDA: Greater -- greater than -- there's -- there's -- I know there's a requirement. If someone wants to expand their home or put up a new structure, it has to meet the existing setback. But one good thing that might come out of this ordinance is that to say for someone living on Golden Gate Boulevard -- and I drive by them every day -- that are 50 feet off the existing right -of -way, if they -- they're comfortable with the traffic on there and they want to put a garage on or an addition on and they are nonconforming, I think the ordinance would be a great spot to be able to put something that allows them to do that without fear that they'll be in noncompliance and for them to get an easily (sic) permit because I can tell you there are a lot of people who live on Wilson, Everglades, Golden Gate, and I'm sure -- now more than ever I'm seeing more additions go up than new construction that if they're consistent with the setback based on the ordinance that might help them out in a sense because we have to do that. According to state statute, you have to provide the ability for existing homes to still be able to permit additions and things like that of that nature, so that part of the ordinance might help those people, existing homeowners, so they can do existing construction on a lot. COMMISSIONER TUFF: So -- so rather than pass something that is so open -ended and -- I have -- I'm uncomfortable going that direction, I guess, but can we have something that's more developed to vote on rather than such a broad -- I just think to -- see more government, more government, and I just think, oh, geez, what a terrible road to run down. MR. CASALANGUIDA: The funny part is is the more detailed I get I bring it -- the more I get from comp planning and the county attorney's office who say the Growth Management Plan is too much detail. It's not what you want in here. The detail's in the -- in the ordinance because that's where you're actually working on the -- the how -to or the legislation to do it. Pasco County has an ordinance. We're probably to take it and model it after it and then tweak it for our own purposes. And, God, I know it's going to be a lot of work as far as staff time. It will probably be more staff time, but I can tell you since I've been here that things that we've done have saved the taxpayers quite a bit of money too. That 3.6 -- I mean, I was talking to Kevin Hendricks, your right -of -way manager -- probably will save us anywhere between 3 to $7 million a year allowing the ability for the developer and the -- and the -- and the county to work together at intersections to say, "You don't have to buy it. We're going to give it to you for free. Just let us reduce the buffer from 20 to 10." COMMISSIONER TUFF: Can that be done in a different method than this? CHAIRMAN STRAIN: Well, 3. -- 3.5 and 3.6 are different, so if you had a vote or a comment, you might say 3.6 is something we like and 3.5 we're worried about. I know that DSAC had the same comments. They weren't really crazy about corridor protection maps, but they liked the ability in 3.6 to make reductions based on right -of -way acquisitions and takes because they know that that's a problem. So if that was one of your concerns I could -- I could bring that going forward to the board as well too. CHAIRMAN STRAIN: Miss Student, did you want to -- before Mr. Midney talks, did you have something you want to add? MS. STUDENT - STIRLING: I just want to just state that the comp plan is constitution, if you will, and it is more general, and then the implementing regulation will be, you know, what controls, and the details will be fleshed out there. There is statutory authority because of concurrency concerns in the state that the local governments should designate transportation corridors in their comp plans. CHAIRMAN STRAIN: Mr. Midney. MS. STUDENT - STIRLING: That is in 337.273 of the Florida Statutes. Page 100 161 18� March 22, 2007 COMMISSIONER MIDNEY: If transportation staff decided that they wanted to put a road through a neighborhood in Immokalee, could the people of Immokalee somehow appeal that and get them to change their idea? MR. CASALANGUIDA: That road would have to be put in as part of the long -range transportation plan so as that update -- so that process is not, you know, done on a whim or a corridor study. So they would have to be a part of that. It would have to go through the review process. They would have to be notified. There would be public meetings involved, public comment. I think you have to have two hearings. COMMISSIONER MIDNEY: Before it got designated -- MR. CASALANGUIDA: Yes. COMMISSIONER MIDNEY: -- as a corridor? MR. CASALANGUIDA: Yes. CHAIRMAN STRAIN: Okay. Are there any other questions, comments, discussion? (No response.) CHAIRMAN STRAIN: Okay. Nick, is there any public speakers on this? MR. WEEKS: We have one, but I dont think he's here any longer, Timothy Nance. CHAIRMAN STRAIN: No, he sure isn't. MR. WEEKS: That's it. CHAIRMAN STRAIN: Okay. Is there a consideration of the board? Miss Carron. COMMISSIONER CARRON: I just have -- I just have one more question before we get into that. This particular Growth Management Plan amendment, it says here in the end that this proposed amendment does not involve adopting anything that's stated above. All it's doing is giving us the right to go through this process of figuring out whether it -- MR. CASALANGUIDA: Well, I -- I didn't write that, but I think the intent was that this management plan does not -- we wouldn't adopt the map for those corridors by doing this. This is the -- not the implementing function of it. It's the directing function to do it. So probably the way it should read is this amendment does not adopt an ordinance or anything else. It just adopts the idea of doing it, so that probably should be addressed that way. So we're not adopting any tables or ordinances or anything like that by this. You're adopting the -- the idea, the concept. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: If this plan were not to be adopted, what would be the impact? MR. CASALANGUIDA: I think pretty significant. First of all, I wouldn't be in compliance with the Florida Statutes. I don't know why we didn't do this earlier. I think talking to staff there was always an idea to do it. The second part would be you're going to see increased costs at all your right -of -way acquisition, significant costs. And I don't mean the corridor protection. I mean more at the intersections when youre dealing with developers where we're having the hardest time at -- at anywhere from -- I want to -- if I -- 3 to $7 million a year going forward. When our budget is short, you know, 1.8 mill -- $180 million, it's significant. And the development community is for that part of it because they understand they can work with us on that. Even staff doesn't want people to put preserves, even environmental staff, where we're going to do an intersection or a project, so if you had that map -- you know, I was even talking to Bill Lorenz. If you had that map, when a developer comes in, you could say, "Don't stick your preserve in this preservation area because the roads are going to take it." Now you have in the ordinance a way to do that. So if you don't adopt I think financially you're going to put a burden on us as far as right -of -way acquisition. I think notification you might still be able to do, but it wouldn't be done as well as the Page 101 March 21, K71 ordinance is required, and I think coordinating with, say, environmental and other departments putting in language that protects their interest as well, too, would have to be done through some other mechanism. COMMISSIONER MIDNEY: Would it be fair to say that it would give people more advance notice that something was planned in case they objected to it? MR. CASALANGUIDA: I would say yes. CHAIRMAN STRAIN: Nick, you said it's required by Florida Statute. What section of the statute? Do you know? MR. CASALANGUIDA: It's in 337 and in 336. CHAIRMAN STRAIN: Well, 337 is the transportation -- it discusses transportation corridors, and that applies to the, I believe, state and county both. MR. CASALANGUIDA: Right. CHAIRMAN STRAIN: And 336 it defines how that's implemented a little bit more in detail. MR. CASALANGUIDA: Right. CHAIRMAN STRAIN: In 336 it keeps referring to the fact that commissioners may approve maps of reservation, and it's not a -- it's not a shall. It's a may, and it's -- and I'm just wondering why you said we'd be violating Florida Statutes if we didn't do this because I think it's an option that we do it, not a requirement. MR. CASALANGUIDA: Well, it's consistent -- in 337.273 it says, "It is hereby found and declared that immediate -- immediate and decisive action must be taken to plan, designate, and develop transportation corridors within this state in order to protect the public health, safety, and welfare by -- by preserving, improving, planning for future growth, coordinating land use transportation planning and complying with concurrency requirements of 163." CHAIRMAN STRAIN: And I -- I -- I have that as well, and when I was reading that -- it talks about the state highway system, and I'm -- I would -- that to me seems to pertain more to state corridors like areas of I -75 and I -95 and I -4, but if you want to get into more finite application, 336.02 talks about responsibility -- and it's titled "Responsibility for County Road System, Approval of Maps of Reservation." And that's what I was looking at where the word "may" is used more often. MR. CASALANGUIDA: And I agree with that. And, as you pointed out, I think -- CHAIRMAN STRAIN: We aren't in violation of Florida statute. MR. CASALANGUIDA: I would say that -- that's incorrect to say we're in violation. We're -- we're not in compliance with the recommendation of Florida Statutes and consistent with DOT roadway -- roadway purposes. CHAIRMAN STRAIN: That's a world of difference. MR. CASALANGUIDA: Okay. Understood. To add a little more to this, we looked at some research with CUTR, Center for Urban Transportation Research, and they said even through their -- their pamphlet -- I don't have it with me now -- the number -one priority in dealing with roadway expansions is identifying in detail -- and they stressed in detail throughout that. Don't haphazardly just use a map and a plan to say this is going to be a future road -- future corridors and protect those corridors. They said that'll be the biggest challenge we face moving forward in establishing a transportation network. CHAIRMAN STRAIN: Are you familiar with Burt Harris? MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: Okay. You know, Burt Harris has an exclusion for transportation, but the exclusion is for transportation facilities. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: And transportation facilities are the actual roadwork. Page 102 161 �Bi March 2�, 20 MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: Now, transportation facilities and transportation corridors have two different definitions within Florida Statutes. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: Tan -- transportation corridors are not mentioned in Burt Harris as an exception. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: I would think then that all these properties that may be coming under the in- ordained -- inordinate burdened policies that may be adopted here would have Burt Harris claims as well. MR. CASALANGUIDA: And I think even in the Florida Statutes it references if they can't do what the intent of their land was meant to do they could require you to take that in cons -- consistent with Burt Harris. I think, as we go through with the ordinance, if you -- if you recommend adoption of this and we come back to you and we're doing the ordinance, if you were to say, "We don't want to see corridor preservation maps until you've got a committed roadway design" and that's your recommendation, then we're a lot farther along. Again, I stress it's the implementation and how it's done that's more critical than, I think, what we're doing today because if -- if we're haphazard by this -- if I was to take every road that's on the 20 -30 long -range transportation plan and throw it on a map and say, "These are my corridor preservation maps," you're right; we're going to have a lot more problems. If we're more thoughtful and say it's got to be programmed within three years or five years or it's got to be in design, if that's your recommendation when we do the ordinance, then we're a lot closer to the actual construction of the road. But my -- my caution is right now I've got builders buying lots and sticking houses in the middle of the road, and I can't say no to them. CHAIRMAN STRAIN: Well, Nick, my problem is that build -- some -- some builders may do that. I don't consider that honest. MR. CASALANGUIDA: Uh -huh. CHAIRMAN STRAIN: But then there are a lot of property owners out there who are very honest, and right now the problem I have with this is if we're going to go in and more or less condemn their property through the restriction of their ability to use it but not buy it till some unknown time down the road, that does concern me because we've devalued their property, and when we do purchase it we're buying it at a value that we've established at a lot lower price that would be possibly unfair to the property owner. Mr. Schmitt, then Miss Student. MR. SCHMITT: Yeah, for the record, Joe Schmitt, Administrator, Community Development, Environmental Services Division. I'm listening to the argument but -- but let's put it in the context. That's no different than requiring setbacks. It's no different than the fire code mandating separation of distance between buildings. You are restricted from where you can build based on all sorts of zoning criteria. You have to be so many feet back from the centerline of the road. You have to be so many feet you -- from the utility easement or whatever. You under -- fully understand there are setbacks and requirements. All this is doing is identifying those road corridor -- corridors that are identified as potentially to -- to become major thoroughfares or to eventually be widened that we're asking any future construction to be set back further from the road to preclude those units from potentially becoming legally nonconforming meaning that they're -- they would be in the -- in the -- what would deem -- be deemed the acceptable Page 103 ch 221 097' setback. CHAIRMAN STRAIN: I appreciate -- MR. SCHMITT: We -- we have no loss -- we don't -- we don't have any Burt Harris claim for -- for setbacks. You -- you maintain a 7 -1/2 -foot setback. CHAIRMAN STRAIN: That doesn't devalue the property and then purchase it later. I -- my concern is the citizen's ability to regain their value out of their property when we've devalued them. And we're not even going to buy it for who knows when. MR. SCHMITT: And I -- and in that -- I understand your argument, and that -- that -- there is validity to what you're saying in regards to that. You're basically saying, "I want you to do this now because eventually I may come, and if I don't come then you" -- and I understand that, but I -- CHAIRMAN STRAIN: Right. MR. SCHMITT: I'm just trying to at least from a logic sense point out that this is -- does nothing more than require an additional setback, and it -- it -- it's determined to -- I guess, to be concluded whether it's going to take some development right away. Now, an interesting issue came up at the last board meeting, and I'll pass this since we're talking about it. The setbacks in Golden Gate Estates require 30 feet for the -- your -- your legally conforming structures, 30 feet. And a gentleman came up and said you're denying me my -- my rights to build, and now we're going to come back to the board with a possibility -- or proposing to the board to reduce that setback maybe to 10 percent of the width of the lot. So, yes, they're -- I guess you could claim just by the standards in Golden Gate the 30 -foot side -yard setbacks on a 150 -foot lot -- are we restricting it? I guess you could make the same conclusion. CHAIRMAN STRAIN: Well, but, see, Mr. Schmitt, it comes into play as a loss to the property owner. If he bought his property with the intention of -- of utilizing the codes and ordinances that were in place at the time, he experiences a loss if we change him and he had rights that we take away. That's a lot different than the way this application's going. MR. SCHMITT: Yeah. And I understand your logic, your -- I absolutely understand it. CHAIRMAN STRAIN: Miss Student, did you have something you still wanted to say? Then Mr. Midney. MS. STUDENT - STIRLING: I just wanted to add that the -- the courts have held that just being on a transportation corridor map and having your property in that is not a, per se, taking, but in a case -by -case basis the courts would decide whether or not a taking had occurred, you know, if somebody came in for a permit or whatever. So what I was going to offer was I think that a lot depends on how the implementing ordinance is crafted, you know, to avoid that problem. CHAIRMAN STRAIN: Thank you. Mr. Midney. COMMISSIONER MIDNEY: You said that you wouldn't put every road that you were thinking of building on the 20- or 30 -year plan on -- on this corridor. MR. CASALANGUIDA: No, sir. COMMISSIONER MIDNEY: As I read this, I don't see any time limitations on here. I'd be a lot more comfortable voting for it if there was something that time limited it to a reasonable amount of time. I'm thinking less than five years. MR. CASALANGUIDA: Well -- and I was going to add that that -- that's a good point because maybe a recommendation is to say, "You're not going to -- we -- we prefer you don't put anything on a corridor preservation map that's not in your five -year plan, CIE, or -- or budget." Maybe that brings a little more certainty. Page 104 March 2, 2 ;fl I, also, to add on what Joe had said as well, too, one of the ways we wanted to approach this is just to do an overlay increased setback to say that on Everglades Boulevard the setback is now 150 feet, and it would be a setback. And you would say it's not really a taking. You just said it's new setback. And you could bring that to the board and adopt an increased setback and do the same thing. That to me is -- is more haphazard than doing an ordinance and a corridor preservation map that's got some sort of roadway design because we've said maybe that's the way to do it. Maybe we just take all the Estates roads and -- and bring it -- and do an overlay and say, "Let's increase the setback on all those roads to 150 feet" and then go, wow. But then you get into what the other commissioner pointed out, what do you do with the existing lots that now don't conform, and how do they add a -- put an addition on? You can't fix all that if you don't do it through a proper ordinance. But your comment is good. If it's not in the five -year plan, maybe you don't -- don't put it there. CHAIRMAN STRAIN: Are there any other questions or comments? We've kind of gone full circle on this. Is there a motion in regards to this GMP amendment? Mr. Midney. COMMISSIONER MIDNEY: I would move that we move it forward with a recommendation for approval providing that they keep the time limitation less than five years. CHAIRMAN STRAIN: Is there a second to Mr. Midney's motion? MR. KOLFLAT: I'll second it. CHAIRMAN STRAIN: Mr. Kolflat seconded Mr. Midney's motion. The motion was made for recommendation of approval to transmit with the stipulation that the corridor map is no more than five years into the future. Is that what basically you said? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: Okay. I guess discussion. Anybody? COMMISSIONER TUFF: Yeah, I just -- CHAIRMAN STRAIN: Mr. Tuff. COMMISSIONER TUFF: I can't vote for that. I think we've --we're --we're not doing good by anybody, I guess. CHAIRMAN STRAIN: I think there's a lot of good ideas here. COMMISSIONER TUFF: Yes, there are. CHAIRMAN STRAIN: But I don't -- don't think this should be rushed through, and I don't feel it's been -- enough of the issues that at least in my mind have been discussed here -- or have been addressed in this document, and I think they go further than the five years. I still think we need to address the compensation time frame and things and the valuation and all that, so I'm not going to support the motion either. Any other comments? Mr. Midney. COMMISSIONER MIDNEY: I think, you know, the one thing that sort of made me think that it might be a good idea is that it does give property owners more advance notice that something may be coming so that they have time to, you know, prepare their defense or whatever. On the negative side, if you designate -- you know, it may make it easier to designate corridors and, you know, to build roads where maybe they shouldn't go, so that would be a negative. MR. CASALANGUIDA: Commissioners. CHAIRMAN STRAIN: Any other comments? Mr. -- MR. CASALANGUIDA: Add -- one thing we clarified with DSAC is -- are you more comfortable with 3.6 as opposed to 3.5? Because maybe a question would be even going forward if you said two out of the five commissioners voted for the old package, but, you know, most commissioners felt the second part Page 105 March 22, 2007 was -- was appealing as well too. At least I could take something to that forward if -- if we went that way. CHAIRMAN STRAIN: Nick, I'm not looking at this for myself. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: It isn't a piecemeal thing. You -- your -- your department's well versed in different things. I think you could come back with a better recommendation than this, but that's my opinion. Now, as far as the motion, it wasn't broken down that way. Right now I'd like to address just the motion, and if there has to be another one we can possibly look at alternatives. Ending discussion, all those in favor of the motion of Mr. Midney to recommend transmittal with the stipulation of a five -year window, signify by raising your hand and saying "aye." MR. KOLFLAT: Aye. COMMISSIONER MIDNEY: (Raised hand.) CHAIRMAN STRAIN: Two in favor. All those opposed? COMMISSIONER CARRON: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER VIGLIOTTL• (Raised hand.) COMMISSIONER TUFF: (Raised hand.) CHAIRMAN STRAIN: Motion fails four to two. Is there another motion? Mr. Tuff. COMMISSIONER TUFF: I would make my motion that we deny transferring it forward. CHAIRMAN STRAIN: Is there a second to the motion? I'll second the motion. Motion's made by Mr. Tuff for -- to recommend denial of transmittal. It was seconded by Mr. Strain. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the motion, signify by saying "aye." COMMISSIONER CARRON: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER MIDNEY: I'm changing my vote. CHAIRMAN STRAIN: You're changing your vote. COMMISSIONER MIDNEY: Uh -huh. CHAIRMAN STRAIN: Miss Carron, did you vote? COMMISSIONER CARRON: I -- I voted. CHAIRMAN STRAIN: For the motion? COMMISSIONER CARRON: Uh -huh. CHAIRMAN STRAIN: All those opposed to the motion, signify by saying "aye." (No response.) Mr. Kolflat, did you vote for the motion? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: I'm sorry. I didn't hear you. So that motion carried. Recommendation of denial carried six to zero. Thank you. Nick, I'm sorry. MR. CASALANGUIDA: That's okay. CHAIRMAN STRAIN: Maybe next time. This meeting -- we need a motion to continue to next Thursday, the 29th, at 8:30 in the morning in Page 106 161 lei March 22, 2007 this room. The --the petitions that will be con --were continued were CP- 2006 -4, CP- 2005 -10, CP- 2005 -11, and CP- 2005 -13, and they'll be heard in that order. COMMISSIONER KOLFLAT: Say that again. CHAIRMAN STRAIN: CP- 2006 -4. COMMISSIONER KOLFLAT: Right. CHAIRMAN STRAIN: CP- 2005 -10, 2005 -11, and 2005 -13. Those four next Thursday in this room. Is there a motion for that? COMMISSIONER TUFF: So moved. COMMISSIONER CARRON: So moved. CHAIRMAN STRAIN: Yeah. Mr. Tuff moved. Miss Carron seconded. All those in favor, signify by saying "aye." COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARRON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: We're continued. Meeting's adjourned for now. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:31 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM AND KAREN BLOCKBURGER. Page 107 - N"h 2J; 2U TRANSCRIPT OF THE GROWTH MANAGEMENT PLAN AMENDMENT MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida March 29, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Community Development and Environmental Services Bldg, Room 609/610, 2800 North Horseshoe Drive, 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 (Absent) Robert Vigliotti ALSO PRESENT: Randy Cohen, Comprehensive Planning Dept. Director David Weeks, Planning Manager Marjorie Student - Stirling, Assistant County Attorney Page 1 161 16( March 29, 2007 CHAIRMAN STRAIN: Okay, good morning. We are finally underway. The March 29th continuation of the Growth Management Plan amendments. If you'll all please rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Would the secretary please do the roll call. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTL• Here. COMMISSIONER CARON: Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: And Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: And Mr. Midney and Mr. Tuff are not here. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: And Mr. Midney and Mr. Tuff are not here. COMMISSIONER CARON: Right. CHAIRMAN STRAIN: Okay. First item I want to make a note of is when we had scheduled this meeting and last week's meeting, we had done so and picked the times a month or two ago so that other room, the BCC meeting room, was available. And that was for a multitude of reasons: The convenience of hearing for some of our fellow commissioners who have a difficult time hearing in this room, for the court reporter for convenience, and also for the fact that the television for the public so they can see what's going on, as the GMP amendments are basically the basis for where trouble starts in Collier County, if there is trouble, or positive issues if they so arise. We ended up in this room last meeting and this meeting. I've now been told that apparently the other room is vacant. I don't know what caused us to be in this room, but if any members of staff are aware of the reasons why, I surely would appreciate knowing how we got switched when we were purposely scheduled for that other room and now we're here today. Mr. Cohen, do you have any comments? MR. COHEN: Yes, sir. Normally what transpires is we do two things with regard to any particular meeting: We check with the county manager's office and we also check with the commissioners' office as well to see if a meeting room is previously booked. When we arranged for this particular date at that time, that meeting room was booked and it was told basically it was unavailable. Evidently whoever had that particular meeting room reserved for that particular day decided evidently that they didn't need it. We weren't informed of that. If we had been, we would have notified you accordingly. But we had no idea that it was available. CHAIRMAN STRAIN: Okay. I'm not going to dwell on the subject. I'm just going to let you know that when we first picked dates these two dates were picked because of the availability of that room, Page 2 � �i ;; J 2P0� lurch , and then afterwards it apparently changed and now it's changed so it's available again. I don't know how it happened. I'm just letting you know that it's not convenient for public, nor is it convenience for this board under the conditions we have here. So in the future we're going to strive to meet in that room, and we may have to delay meetings until that room is available. And that's something staff s going to have to work with. MR. COHEN: Yes, sir, and that's duly noted. PETITION: CP- 2006 -04 CHAIRMAN STRAIN: Okay, the first petition for today's meeting is Petition 2006 -4. It's the amendment to the Golden Gate Area Master Plan for a piece of property for a church along Immokalee Road at Oaks Boulevard. Would all those wishing to speak on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn) CHAIRMAN STRAIN: Thank you. And Mr. Arnold, I guess you're representing the petitioner? MR. ARNOLD: I am. Good morning. Thank you. For the record, I'm Wayne Arnold with Q. Grady Minor and Associates. And I have with me Reverend Wicker with the First Congregational Church, and a couple of the other elders of the church are here as well. And this item was continued last meeting to today because we had been asked to provide some additional data and analysis to support the project, or the proposed amendment. And we did so. And the continuance allowed staff to review that information. And they have since modified their recommendation, which I think that's what Corby's handing out to you, a modified staff report that indicates that they are now recommending to transmit the proposed amendment to the Florida Department of Community Affairs. And with that, just to explain a little bit more about the site. I know you have the backup material. And this is two and a half acres, it's on Immokalee Road. It's across from Valewood Drive. And the church acquired the property a little over a year ago, and they had the intent to establish their new church here. I think they were misled a little by the prior owner in terms of what they could do with it. So they were thrust into an amendment process to establish a church or the ability to locate a church through conditional use on the site. So we filed the '06 amendment. And because transportation staff is looking to have a new north -south corridor to relieve some of the Oaks Boulevard traffic, County Commissioners allowed this amendment to go back to the '05 cycle so it could progress in a more timely manner consistent with the needs for this new road alignment that they're trying to establish. So we have been working with the transportation staff and looking at a potential 45 -foot wide road corridor along our eastern property line that would align with Valewood Drive. Having said that, that's certainly one of the scenarios that we're in, and it's something that certainly changes the character of the site. We're on six -lane Immokalee Road and we'll have a two -lane bypass road on the eastern property line, as it looks. Secondly, in this particular case we have a site that is in transition. The criteria that's in your Golden Gate Estates Master Plan allows for transitional conditional uses, and you'll see sort of a subtle change in the staff report taking this out of a transitional conditional use and putting it as an exception to the conditional use criteria and allowing this specific site to qualify for a Page 3 16 ! 19� March 29, 2007 conditional use. It makes little difference to us. It allows us to go forward with a conditional use if you all and the Board of County Commissioners ultimately support this. We did demonstrate to staff, in addition to having the road dialogue with the county, we've been in the process of looking at other sites for some time. And for a number of reasons those alternate sites have not materialized. And we also looked at other available sites. (At which time, Mr. Midney enters the room.) MR. ARNOLD: And I don't know all the information you all were given, but I have some handouts where we looked at this corridor. And it is unique. You have a mile stretch of Golden Gate Estates property on otherwise urban residential land use category that could allow churches. So a mile east or west you theoretically could establish a church by conditional use in most of those districts. But because of the prevalence of PUD zoning in our county, when you look at what's left in terms of land available for potential church sites in North Naples, which is where the parishioners live for this church facility, there really are very, very few available sites that would give them an opportunity to establish their church. So we have been working with staff. We've also worked with the Oaks Boulevard community. And I've attended a couple of those meetings. The church has met previously with them. And they are supportive, it's my understanding. I don't think there's anybody here in opposition to it, but they are supportive of the church use. And they were very adamant that they don't want child care, they don't want schools, but they are supportive of a church use on the subject property. And we've been working along those lines. And you'll see that the text was modified last time to only permit church and religious facilities, as opposed to any of the other conditional uses, such as fraternal organizations and schools and day care centers and things of that nature. So the request has been substantially pared down to only the narrow use of church on this site. I think we've demonstrated that there aren't an unlimited number of sites in this area. And it is in transition, and we're working with your transportation staff to try to establish a new roadway corridor that puts this really a three -sided piece of property with roads. So there are constraints and not really conducive to future residential development on this site. I don't have a lengthy presentation. I think the change makes sense. It's fairly limited in scope, and obviously staff has rethought their position and is now supportive. CHAIRMAN STRAIN: Thank you. Are there any questions at this time of the applicant? (No response.) CHAIRMAN STRAIN: Thank you, Mr. Arnold. Do we have a staff report? MR. SCHMIDT: Good morning, Commissioners. For the record, Corby Schmidt. This was a continuance on a request. There was data and analysis provided to staff during the last few weeks. It was provided to commissioners. You have had copies of that in your possession for some time. And based on that new information, staff has amended our recommendation, so that is what the handout was to you. The scope of the project is no longer any conditional use, it is not characterized as being located in a transitional area, so the staff has relocated the entry in the text to another subsection instead of -- and you'll see it on your pages of your update sheets. Instead of the transitional conditional use subsection, the conditional use's subdistrict, the entry has been simply moved to subsection E, but it still reads as proposed: Conditional use for a church or place of Page 4 March 29, 2007 worship as allowed in the Estates zoning district is allowed for this tract. Unless there are questions, I think you've had this information in front of you long enough where I don't need to hash over it. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I have a question. Back to E. I understand the change here for the church. Why are you adding two additional changes here? MR. SCHMIDT: The language itself that you see, numbers one and two -- COMMISSIONER CARON: Right. MR. SCHMIDT: -- have always existed in this subsection. They're -- COMMISSIONER CARON: Okay, so they're not -- you're not changing the wording in those? MR. SCHMIDT: No wording change. COMMISSIONER CARON: Just the numbers change. MR. SCHMIDT: They were not numbered at all in your current version. CHAIRMAN STRAIN: Corby, I -- having been on the master plan committee, this area was dealt with when we reviewed that area a couple of years ago. One of the concerns was opening it up to conditional uses. And I'm glad for the suggestion staffs made on E. I think that does a much better job on defining it for the purpose it was intended to. And I know from the experience I had with the residents there, their concerns were opening it up to non -uses, uses not quite like this. It was more commercial uses. So this is a good addition. I'm glad staff suggested putting it there instead of up in the transitional conditional use section. Thank you. Are there any questions of staff at this point? (No response.) CHAIRMAN STRAIN: Is there any public speakers on this matter? (No response.) CHAIRMAN STRAIN: Okay, is there a recommendation from the planning commission? COMMISSIONER MURRAY: Sure. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I would recommend that -- I would make a motion that we recommend -- or forward to the DCA with a recommendation that CP- 2006 -04, First Congregational Church of Naples GPM amendment be, as I said, forwarded to DCA with transmittal. COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Adelstein. Is there any discussion? Mr. Weeks? MR. WEEKS: For the record, would that be per staffs -- COMMISSIONER MURRAY: Yes, per staff. Sorry, I left that out. CHAIRMAN STRAIN: Good catch. Any other comments? (No response.) CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONERADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. Page 5 161' 1B► March 29, 2007 COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. Thank you. You guys had to continue two or three times to get here for the 15 minutes you did, but I think it was well worth it for you. MS. ARNOLD: It was worth it. Thank you all very much. CHAIRMAN STRAIN: Thank you. PETITION: CP- 2005 -10 CHAIRMAN STRAIN: The next item is 2005 -10. It's a request to change a future land use element for the Naples Big Cypress Commerce Center Subdistrict to allow an additional 88,000 square foot of general and heavy commercial uses. It's on the U.S. 41 Trail East. All those wishing to testify on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Before we start, I have to announce that I have a perceived conflict with this, and I'm going to be filing a Form 8B with the court reporter before we leave today. This Growth Management Plan amendment is located across the roadway from a project that I receive income from. In order to avoid the perception of a conflict, I will abstain from voting on the issue. This plan amendment may have an impact on a development that I work with. So with that, I'll be abstaining from this one on the vote. I will be participating in the meeting. Mr. White, it's all yours. MR. WHITE: Good morning. Thank you, Mr. Chairman and members of the planning commission. Patrick White, firm of Porter, Write, Morris and Arthur, here today representing the applicant, Basik Development, LLC, formerly known as Vanguard Funding. With me today we have Mr. Keith Basik, who's one of the managing members of the LLC, as well as Mr. Robin Meyer, Mr. Ron Nino and Mr. Reed Jarvi to make the substantive planning and transportation presentations. Due to a recent return from health leave, Mr. Nino is kind of not fully back in at full speed, and so we've asked Mr. Meyer to take the lead on this project so that Mr. Nino can focus on the other matter you're likely to consider today. Looking at the history of the project and at the scope of change to this application will provide you some overview first to help orient. You've obviously considered, many of you, this project previously, almost three years ago. And at this point in time, given the fact that it did not get recommended for adoption by the BCC and was asked to come back through the process, we're here before you again with a slightly altered application, one that we believe, given the week's continuance you've granted us -- and I want to again thank you for that, I appreciate it -- hopefully we'll be able to get all of your questions answered today. We're going to give you the opportunity to consider the changes that have been made and hopefully get to a place where we'll have a favorable recommendation for transmittal. Realizing that that just puts this project in a place where it affords the DCA the opportunity to consider whether in fact it is consistent with the plan to have the Regional Planning Council look at it, et cetera. The present request is one that is a minor modification of a prior similar GMP small -scale '= 161 1G� March 29, 2007 amendment from the 2002 cycle. It was heard in 2003, originally, in May. We do have a time line that we can run you through, if you'd care to. But I think that the historical analysis of the procedural process is probably not as germane in detail as is the overriding effect of what happened. This planning commission, on essentially a similar prior application, found it at the transmittal stage to be a 4 -4 vote. It did, however, have a favorable vote from the BCC to go forward for transmittal. It's key to note that the DCA found no ORC comments. There were no objections. In particular, no concerns about data and analysis. It then came back, as many of you may know, for consideration by the BCC for adoption, and it did not succeed. Was recommended for approval, but denied the vote on a 2 -3. So that it was then again considered by the BCC under a reconsideration motion request, and that motion failed as well. But the commentary in those last two BCC discussions focused on issues that I believe may be of concern to the commission today, and certainly are of concern to the board, and we're prepared to respond to those. But at this point, there really aren't any specific modifications to the request itself except as to some of the actual text. And that is only specific with reference to words in the introductory portion of the subdistrict language itself under Policy 1.2(A)(2). And it may be helpful, if you've got the staff report. On my printed copy it's at the top of Page 3. And it's a minor change of wording, but it reflects I think a concept that's key to what this planning effort is. And that is, in the third line that starts with the sentence above, the intent of the subdistrict is to allow for the expansion of the -- and the words are, the flea market. The concept that's being put forward here is one that since the last application has evolved into more of a marketplace. What even the name of the project reflects is a recognition that it is in that rural fringe area, and that it is a transition from the Big Cypress Preserve conservation type of lands to the east and the urban Naples area to the west. And we believe accordingly is an appropriately positioned place for a rural activity center type combination of commercial uses. Hence the name is descriptive and also reflective of the underlying land use planning. There's a further recognition by the applicants and owners that this is in many ways a portal or gateway to folks arriving from the east on U.S. 41, and that correspondingly must have a presence and an appearance that is worthy of and appropriate for that kind of facility and set of uses. The proposed mix of uses in the rural fringe mixed use district, in an essentially mixed use subdistrict, is in itself a mixture of uses that are proposed to be largely commercial in nature, but also allows for other types of uses. It is transitional in the sense that as you move further west there is a land use designation of rural industrial. And so we believe that it is sound land planning to have an increasing level of intensity as you're moving westward on 41 so that that entrance gateway feature presence is one that isn't a stark and sudden -- to go from essentially rural -- well, from preserve to rural residential to industrial is something that I think this project helps to make the transition by putting some proposed commercial uses between the two. Obviously all of these concepts will be dealt with in detail by our expert planners. And to that end, if there are any questions that you may have that Mr. Meyer cant address, Mr. Nino is certainly available to assist in that regard. One of the things that was of concern at the BCC, at least initially, I think as well perhaps at the planning commission in the prior application, was that certain amounts of lands were being taken out of the receiving lands category, and to that extent would potentially undermine what was then the beginning steps Page 7 March 29, 2007 of a TDR and sending and receiving lands process. There were commitments made at various stages in regards to addressing those concerns. As I had mentioned a moment ago, we're prepared to address those, as we anticipate they're coming out, but at this point they're not something we're going to specifically address by asking for a text change. The present proposal is a slight increase from the prior request of 75,000 -- maximum 75,000 square feet for commercial. We're proposing an increase of slightly more than 13,000 square feet. Additionally, there's a removal of the maximum of 5,000 square foot per building. The rationale for that is that it is a goal objective policy type of provision that's no longer necessary, given that there has since been the enactment in the LDC of a series of architectural standards that will more appropriately, at zoning and site planning, address what that provision was originally intended to capture. Similarly, we're looking to remove the 25,000 square foot requirement of non -- and I'm going to have to say flea market, because that's what the text said, but marketplace type uses. We believe that these could be more readily determined by the more traditional site planning limitations and regulations, and would be difficult to be able to implement as GMP text. It's probably worth noting at this point where we are on the development cycle time line. We're effectively at step two. Step one is the formulation of the business plan that Basik Development has sought to bring forward, probably since early 2002. So there's a five -year history to this project where the vision of the landowners have been sought to be implemented. Here at step two, the actual small -scale transmittal, we're hoping to have the favor of your recommendation simply to get to the next step, which is to have an adoption of these proposed changes. That step obviously insulates in the sense that you also have to have a planned unit development rezoning approval, and subsequent to that, all of the necessary site planning occur before any of the proposed and discussed uses would ever become real. One of the key things I think that has changed since the prior application is that there is a more acute concern about traffic impacts. We're not hesitant about discussing those, and in fact Mr. Jarvi will make his presentation in that regard. But I think it's key to understand that the way that the GMP itself is internally structured, that in the capital improvements element in Policy 1. 1.2 and in the future land use element, the FLUE, Policy 5. 1, there are specific provisions that connect that step two to steps four and five, in the sense that they afford someone who is looking to do sound land use planning in coordination with transportation planning to propose a series of stipulations or conditions that would operate a specific mitigation to address the impacts that would occur from the proposed development and to ensure that they cannot, will not and never will occur unless there's adequate capacity consistent with the rules. So the point today is that we have anticipated those concerns, we believe that we have an appropriate response for them that will help the internal consistency of the Growth Management Plan to function as the board has sought to have it operate, and have it staff implemented. The last area I want to address with you before turning it over to Mr. Meyer is the neighborhood concerns. We're aware of those. This project has had, unlike the last time, a neighborhood information meeting. Those neighborhood issues, some of them are long- standing, others of them are far more recent and in effect new. But they're all essentially consistent with what all development projects have as impacts. And there are appropriate ways, we believe, to address those concerns. Some of them are appropriate to be addressed in a broad goals, objectives, policy - making way as part of the text of our GMP amendment. Others of them are more appropriate and would be addressed and considered at the time in the subsequent steps of rezoning or site planning. And I'll give you a specific example, just to kind of set the conceptual stage. i b Uri 29,,U7I Concerns most recently were raised about what I call a dark sky issue. This being a rural area, there are folks who enjoy seeing the stars. Many of us probably remember seeing them as kids. Urban lighting conditions are something that have eliminated that in many areas. Certainly one of the advantages of living in a rural residential area. But there are plenty of technical and operational solutions in terms of hours that such lighting may be on, the types of fixtures and bulbs that are utilized that even those advocates of dark sky will look at and say these are things that can be appropriately addressed, that the impacts can be accounted for in a meaningful manner. And if you just give me a moment to look over my notes. The only thing I'd add at this point is that if I'll be afforded an opportunity at the end to kind of sum up and to positively address any of the neighborhood concerns or subsequent questions from any of the planning commissioners. At this point I'd like to turn it over to Mr. Meyer, unless there are any overriding questions. CHAIRMAN STRAIN: Are there any questions of Mr. White? (No response.) CHAIRMAN STRAIN: No. Okay, thank you. MR. WHITE: Thank you. MR. MEYER: Good morning, Mr. Chairman, members of the commission. For the record, my name is Robin Meyer. I'm with Vannesse- Daylor. Today what I'd like to do is address the comments in the staff report. I think there's two main issues that staff has raised. One is the quality of our analysis for future housing and economic need for this project. The other one would be compatibility with the rural mixed use -- rural fringe mixed use district regarding the need to be a commercial use located in a rural village. Just to kind of set the stage for the staffs inadequacy discussion, they're citing Rule 9J -5 of the state law. I'll start by saying what we used to make our projections was the county's demographic study of 2003, the U.S. Census Data of 2000, Collier County PUD monitoring report, and the ULI's Dollars and Cents of Shopping. All well accepted documents. I'll leave it at that. With regards to the land use issue, staff in the report clearly states that there are land uses identified within this area that were analyzed as part of their overall review, and identified on the land use map. And this area abutting our property owned by the Basiks is one of those areas. And then I would like to refer you to Page 6 of the staff report where they summarize the section that refers to the rural fringe mixed use district. And that last sentence included, the present designation on the subject site allows development consistent with the surrounding development patterns, both existing and proposed. This is what we're proposing. And I would contend that our proposal is consistent based on this. And I will go in some detail to further substantiate that. I'm not going to belabor the commercial needs analysis. I'm going to go into it a little bit. Staff report states that we use all housing units in the two surrounding census tracts. This is the three -mile -- I'll get back on the microphone. This is the three -mile radius. Within this area, there area half dozen major PUDs, other major development. We used the actual development within these PUDs that's approved, and used the monitoring report. We did not just grab all the houses off there. As far as our household expendable income data, we used the county's average. We did not try and adjust for this area. There's different types of housing. We felt that a county average, that should be good enough for a comprehensive plan change. And the final summation, what we came up with was nearly a requirement for a million square feet. Page 9 March 29, 2007 Not quite at million, but nearly a million square feet of retail in this area. We're asking for 88,000. I fail to see that we haven't more than justified that there is a need in this area for the commercial uses. And so just to keep this short, I'd just like to go through the staffs findings and provide our analysis, and then I have a few more points I'd like to make and then I'll get out of here and let things move on. The first one is regarding the information analysis. And I think -- I think we've more than proved -- and if you read the staff report and really look at those numbers, if you want to check them. We went back and checked them. We did find some mistakes, but we actually found the mistakes made the numbers better, not worse, so we didn't really want to get into that. The second one talks about the lack of specificity. I guess you could say that, but again, when you're 10 percent of the demands shown, I don't really think it needs to be beaten to death. 1 think there's definitely a demand in this area. We were able to show that in 2002. And most definitely this area has grown tremendously since 2002. So the demand's done nothing but increase and shall continue to increase, which is what we projected. The third one, the data fails to consider noncommercial development on this property. Actually, we did. Again, the property owners of this property own the abutting property to the north. They are developing that property. They looked at it very carefully as to what would be compatible with the type of use they're proposing. We reviewed it in detail and really felt that -- and the bottom line -- that commercial would be the only use. And it's a use that we're able to coral, as it were. Because on the far boundary of this property, the proposed property, we have Trinity Boulevard; we have U.S. 41 on the other boundary. We just have one open boundary to residential to the north. And that, at the neighborhood information meeting, the owners committed to put a wall, berm, more landscaping than required by code to ensure that there would not be any impacts to any residential development to the north. The fourth point gets back to the designation on the subject site allows -- the same statement I made before -- allows development consistent with the surrounding development patterns, both existing and proposed. We agreed. That's what we're proposing and we think it's a good way to go. The next one is, the proposed subdistrict is inconsistent with the rural fringe mixed use district, specifically the commercial locational requirement. We again respectfully disagree. We feel that this is the legitimate expansion of an existing identified commercial area and should be approved as such. Then the staff report refers to the 25 -acre -- 2,500 -acre rural village. This is a -- again, a totally different section of the land use management plan, the Growth Management Plan. Doesn't apply. We agree that there's ample opportunity in this area for these, but quite frankly at this point in time there have been none proposed. The next one is the existence of the existing C -4 and 5 is not ajustification. Again, we agree, it's not a justification. But the existing development that is occurring and acting as a buffer in a combatable part of that development we feel is a reasonable justification. The next one has to do with traffic, so I'm going to let Mr. Jarvi take care of that one, because he's the expert on traffic. And the final issue raised by the staff report is the County Road/951 study. And the staff report talks about the potential for that study to give better numbers to staff and to the officials of the county to make a decision. I think we've already proven that there is a huge demand here. There's nothing being built. Yes, that study may be -- show something, but it's probably going to show what we've already shown. These owners have been after this for five years now. They need some relief. They need to be able to move on. Z__ L6arA 29,U, And just to close out this whole section, I would like to go back to the fact that we're talking about substantially the same process and request that was approved by staff. It was approved initially by the commission. And DCA reviewed it, and it was found consistent. And as I've said, if you look at 2002 to today, 2007, substantial development has occurred. Most of it, almost all of it is residential. So if there is anything but more demand, I can't really, you know, tell you what it's going to be. But it's very obvious. The neighborhood information meeting, I think Patrick did a pretty good job of summing that up. I would say that our proposal -- we're asking for 88,000 square feet. That's based on 9,000 square feet of commercial space per acre of this site. We have 9.7 acres. We have an acre and a half lake in the middle. We are using part of this site as overflow parking for the marketplace next door. The owners are talking to Collier EMS about a station. We are going to be required, if approved, to provide substantial buffering. More than likely we're going to be required to do some acceleration lanes on U.S. 41, turning lanes on Trinity Boulevard. In the end, as this commission is well aware, what we actually get to build will probably be substantially less. But our request is based on the gross acreage, and I just want to make that -- put that on the record as something that should be considered. It's not going to be a huge project. We're limiting this to 35 feet. We've agreed regarding the lighting that we will do everything as required by code, and if -- to get this approved even make it more beneficial or compatible to surrounding uses, which at this point in time there are none. The only other thing I was asked to address, we did receive an e -mail from some property owners. They raised a number of issues. I think it's worthwhile to address them. I'm not sure that they're deal killers for us. The first one they make is that -- and this -- see if I have their names here. Stadler. Mr. and Mrs. Stadler. They make the point that there is existing shopping seven miles away. We use the three -mile circle because that's the normal market area you're looking for for this type of use. If the county starts creating shopping areas seven plus miles away from thousands of units, all's we're going to do is, contrary to all the other arguments in this letter, which is affect the environment in a negative manner. You're creating more pollution, more mileage, more vehicles on the road. So we'd say that that's not a good idea. I think this is a good idea to provide localized commercial services. They also talk about high profile buildings. Again, we're limiting it to 35 feet. It's not going to be a big -- Endangered species. This site is already impacted that we've done the environmental. There are no the endangered species. They do talk about an eagle a mile away. I'm sure this commission is very familiar that the protection for eagles is in the hundreds of feet, not miles. And then they talk about critical water quality. Obviously we'll be dealing with the water runoff. We're going to have potable water, we're not using wells, so we're not going to affect the aquifer in that manner. With that, I think that's enough. I'll be happy to answer any questions or we'll move on to Reed. CHAIRMAN STRAIN: Any questions of -- Mr. Murray, then Mr. Midney. You're first, Mr. Murray. COMMISSIONER MURRAY: Good morning, Mr. Meyer. MR. MEYER: Morning. COMMISSIONER MURRAY: I have a number of thoughts on this, and I may not eventuate into real questions that we can put our teeth into, but perhaps so. I'm looking at the letter of April 21, 2005 from Vanasse - Daylor. And one of the comments in the second paragraph was an emerging rural activity center. And I know that that's probably an attempt to try and portray that theirs is a commercial place to come to. But it occurred to me, isn't that ordinary -- in land planning, wouldn't we want to have an activity Page 11 161 It March 29, 2007 center in an area where there's intersection, where traffic and where the people can be served from four corners, if you will, from destinations or locations elsewhere? That occurred to me. Also, if we're urbanizing, and that's what apparently we want to do here, because you're saying we need to have it in three miles, shouldn't we go away from the rural? Shouldn't we try to change this fringe and make it from a rural to an urban area, rather than try to squeeze in commercial activity into a fringe where people have actually paid money to -- with the intent of living in darkness at night and living quietly? I mean, I'm posing rhetorical questions to you, I recognize they're not true interrogatories, but these are the kind of things. Now, you said that lighting will do everything by code. You know, everything according to code. Code does not help people with the lighting, with ambient light. It doesn't do that. And so that doesn't impress me. That doesn't make me feel good. And there is a question of compatibility with rural villages. There isn't -- I agree, nobody has come forward yet, but have we not planned for a rural village over there in that general area? I think we have, and I can confirm that with staff. And I just -- I'll just comment, I guess maybe these are a series of comments, and I apologize, they were supposed to be questions. But it seems to me that the Estates people drive long distances to obtain their services and supplies and they don't seem to have a problem with it. I just wonder where we're breaking into here. I recognize that change may be inevitable, but is it the right time? Finally, and you said you'd turn it over to Reed Jarvi, but I do have a real concern with regard to transportation. Are we ready yet to take a 60, 65 mile an hour roadway, even with a decel lane, and intensify, as you say, create an activity center? Are we ready to do that? How far away are the plans for expansion of that road? Has the FDOT got it anywhere on the radar as far as considering that an urban area that requires expansion of their roadway? MR. MEYER: I'll let Reed answer that. No, it's a long ways off. But there are some other efforts going on that would address it in a shorter time frame. COMMISSIONER MURRAY: Yeah. And I'll make the last comment. And the other part of it that distresses me is that it indicated in here a unified plan of development is required. And you're talking about making the architectural theme the flea market style. I know that Mr. White indicated that that might change because that wouldn't necessarily be appropriate. But unless I see a document change that reflects that, I'm still going to go with the idea that you folks are going to have a common architectural theme which would be that of the flea market. According to Mr. Stadler or Ms. Stadler, there's a stadium -like structure being erected there. I apologize, I wasn't attacking, but those are the things that are in my mind, and I'll finish with that. Thank you. CHAIRMAN STRAIN: Okay, Mr. Midney? COMMISSIONER MIDNEY: Could you talk a little bit about the TDR issues that were there in the past and how you've resolved them now? MR. MEYER: The discussions before the Board of County Commissioners really bogged down over the TDR issues. I've read the record. It appears to me that it was a new concept at that time, and the board was very protective of TDRs and wanted to make sure that this development addressed them. What we have got, and I can pass it out, is this project shall include nine gap housing units, the application of transfer of development rights, TDR provisions of the Land Development Code at the time of approval of a rezone application. And so we would propose adding this to the conditions. As Patrick said, we tried to address everything we can. I think we have. Obviously it's up to you to Page 12 161 18 March 29, 2007 determine that. COMMISSIONER MIDNEY: Are you going to purchase TDRs? MR. MEYER: Yes. That's my understanding. MR. NINO: If required. MR. MEYER: If required, yes. COMMISSIONER MIDNEY: And the second question that I had was about the flea market. What percentage of development is going to be flea market of the commercial development? MR. MEYER: Are you talking about on our proposed site? COMMISSIONER MIDNEY: Um -hum. MR. MEYER: Our proposed site we are talking consistently, but we are not -- it is not a flea market next door. I want to go back on the record. The reason Patrick asked to have that changed is that the basics are making a very, very strong -- trying to make a very strong point that that was the term used when they initiated this project. They are now calling it a marketplace. It is not a flea market in the traditional sense, it will not be a flea market in the traditional sense. I'll have to let them explain exactly what their concept is, because I have to admit, I don't know exactly what it is, so I'm not going to go further on that one. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Any other questions at this time? Mr. Schiffer, then Mr. Murray, Mr. Adelstein. COMMISSIONER SCHIFFER: Let me see Mr. Nino. MR. NINO: May I add some historical response here? Ron Nino, for the record, with Vanasse and Daylor. We need to appreciate, and staff acknowledged first time they dealt with our application, that legally there is no requirement for TDRs on a project of less than 40 acres in size. The issue of TDRs came up because the applicant, in order to further their goals, made an offer in response to concerns by Commissioner Coletta that the integrity of the TDR program or the sending lands would be jeopardized if we took some of the receiving lands and set them aside for potential commercial development. We offered to donate four TDRs to the county. And that set up some lights. And then quite frankly, we changed our minds and offered to buy eight TDRs, but to use them as a marketable item, which is the way the TDR program works. You don't buy TDRs and give them to the county, you use them for your own personal purposes. The bottom line is that the substance -- the notion that this property ought to be commercial at some point in time in the future is -- was not an argument with the planning commission, the staff and the board of commissioners. It all got hung up in this business of TDRs. Nothing has changed since then. If anything, we know that there's been substantial residential growth. Renaissance, Fiddler's Creek, Pointe South is pretty well built out. We know those things have happened. Yes, this is a -- I wouldn't call it an activity center, per se, Commissioner Murray. I would suggest that however we do have an emerging rural commercial activity center. The fact of the matter is that 87,000 square feet of commercial retail space is under construction immediately adjacent to this property. And in fact part of the property, the water management requirement for the commerce center, was approved as part of an SDP. For three and a half acres, not one and a half acres -- I'm sorry, two and a half acres of this site is now water management function related to the commerce center. So in part this property is taking on commercial characteristics. I simply wanted to bring back that historical concern that you had with the TDRs. And I hope in Page 13 161 1$\ March 29, 2007 the process I've answered Commissioner Midney and Commissioner Murray's concerns. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: One of the concerns I share too is that you're requiring this to be common architectural style with the building next door. How big is the building next door? MR. NINO: 87,500. MR. MEYER: 87,000 square foot. COMMISSIONER SCHIFFER: So in essence this is requesting the ability to double the size of that. So we have like a -- we can have what appears to be a 160,000 square foot building down there? MR. MEYER: It will not be connected. And in conference while Mr. Nino was speaking, I was told that it would just be 10 percent of this site would be in uses relating to the marketplace. Maximum of 10 percent. And the rest would be commercial, standard commercial type uses to serve the surrounding area. MR. NINO: Understand -- CHAIRMAN STRAIN: Mr. Nino, you can't speak from the audience, you'll have to come up front. MR. NINO: The subdistrict -- CHAIRMAN STRAIN: Mr. Nino, please wait till you get to the speaker. MR. NINO: I thought I was loud enough. Again, for the record, Ron Nino. Appreciate that the subdistrict and staff has agreed on the previous go- around and haven't said anything to the contrary. As a matter of fact, they massaged our standards, as you'll note in the staff report. The thrust of the uses will be C -4 and C -5 on this property. Plain and simple, C -4 and C -5. Not related necessarily to the commerce center. The conditions of the subdistrict is that we will get to enjoy the uses that are allowed in C -4 and C -5 at a subsequent rezoning stage. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: But again, what does common architectural theme means? I think it -- at least it means lookalike, right? MR. MEYER: I think we're going to have Mr. Basik address that. They have a definite concept in mind, and I think it's best to have them speak to that. COMMISSIONER SCHIFFER: Okay. The second thing is there's a lot of words in here to protect the view off of 41, yet there's nothing to protect the view off of Trinity. Is that something we'll catch at the next stage of this during the PUD phase, or -- MR. MEYER: Yes. COMMISSIONER SCHIFFER: And then for staff, when they mentioned height, and it doesn't describe whether it's actual or zoned, does it automatically default to zoned? MR. MEYER: We're proposing 35 feet. COMMISSIONER SCHIFFER: As the zoned height? MR. MEYER: Yes. COMMISSIONER SCHIFFER: Not the actual height. MR. MEYER: Well, the actual allowable height within -- for this development would be 35 feet is what we're proposing. I believe the C -4 and C -5 allows up to 60 feet. COMMISSIONER SCHIFFER: Zoned. MR. MEYER: Yes. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Mr. Murray, then Mr. Adelstein. COMMISSIONER MURRAY: Yeah, just touching on that quote, unquote, flea market. My Page 14 M ®hl 29, log, recollection of it is it's an enclosed multi shop with entertainment in a band shell type of thing. That was my recollection of the statements. And it will draw people on weekends and other days of consequence with advertising. And I'm just wondering, the types of commercial enterprise that -- and especially the C -5 categories, what types have you focused on that you intend to support that would be regular traffic oriented and the pass -by and the rest of it? What do you want to draw? Do you want to serve the local people with 87,000 square feet of commercial, or do you want to capture as much off the roadway as you can? What's the purpose? MR. MEYER: Well, I think it's -- a commercial location in this type of situation, you're looking at obviously some drive -by traffic and obviously some uses that will serve the surrounding area. We've said C -4, C -5. Obviously by the time -- were this approved today and gets through the process, we deal with the concurrency issue, whatever market we had envisioned will more than likely be changed. We realize that a commercial use is a good use in this area. But specifically, I don't think anyone at this point in time can tell you what's going to be the best use for this property. And I think that's the point here is it's trying to serve the surrounding area. That's what we're trying to do. And that's why the request for the uses. It is a broad range of uses. But to limit them at this point just I think would be ill advised to my client. COMMISSIONER MURRAY: I didn't suggest for a second to limit them. I was trying to understand what it is that you envision. Because obviously you cannot build today or tomorrow, even if you were approved. You might be 10 years out. And I would agree with you, that you'll have some things changed, and I appreciate all that. But this amendment, if passed, would have the effect of taking a penny a square foot and making it seven cents a square foot. I use those numbers just as examples only. And it creates a condition for the people who live in the neighborhood to also now be impacted for 10 years or more to have their own residential taxes appraised higher because of neighborhood changes and all the rest of the implications. And I just wonder whether we're protecting them adequately by -- we need to ask as many questions as we can. Mr. White spoke of a gateway. I'm trying to vision what it is that you have as your gateway. What is it that you want? I thought of the gateway, if you will, as being 41 and 951, if there is to be a gateway. But if that's to be a gateway, are we looking at a flea market as a gateway? Mr. Basik, you said he would come up and talk to us about what he envisions what his property is looking like. I'd like to hear that, if I could. MR. MEYER: I'm sure he'd be happy to do that. Ron's going to pass out -- this is the property, this residential to the north. It's for the record. Give you a good idea of what we're looking to buffer. MR. WHITE: Preparatory to -- CHAIRMAN STRAIN: Mr. Nino, do we have copies of both this and the previous proposed additional development criteria for the court reporter? Cherie', if at any time you fail to get a document you see being circulated, if you get a chance, remind me to call it to your attention. MR. WHITE: Preparatory to Mr. Basik's responses, I'd just like to be more precise on the record in response to Mr. Midney's question about percentage, and to emphasize that a condition could be added to the proposed text that would cap a maximum expansion of the adjacent marketplace use to 10 percent of the proposed and approved total. At this point that's 88,000 plus. So that would equate to approximately 8,800 square feet of expansion. The rest of the uses are envisioned to be a combination of commercial, retail, some of them highway oriented. Those people who are traveling eastbound, this would be seen as a place where you Page 15 March 29, 2007 might be able to stop and refresh as you approach the urban area. It would be in that sense capturing trips and not generating them. But looking to answer Mr. Murray's question about the public assembly commons area, it is a space that can be and usually is closed off and partitioned but can be opened up for a type of public assembly. Whether they're entertainment based or they may become something -- for example, there might be a trade show that would operate in conjunction with a proposed small type of traveling public hotel at the site. Those are all uses that we believe are compatible with the adjacent industrial, form a nice step -down in transition to the adjacent residential rural, and that we will address those impacts along Trinity and on our northern boundary, similar to what we've done on 41, at either adoption or rezoning. Additionally, we're looking at a type of rural activity center that is not too distinctly different from what the comp. plan otherwise contemplates in the rural fringe mixed use district for rural villages and other types of aggregated mixed uses. And the impacts that would flow from those are no different than the ones that would flow from this use. This is along an arterial, U.S. 41, where the mixture of uses makes sense in the same fashion that they would, as anticipated in a rural village. As would the same necessity to address the impacts of those. CHAIRMAN STRAIN: Mr. White? MR. WHITE: Yes. CHAIRMAN STRAIN: You had already done a rather lengthy presentation, and you asked for a rebuttal. Mr. Murray simply wanted the applicant to come up here and express his vision of what was going to be there in response to whether the uses would pan out. I would prefer we follow along that like of response, and then you can come back on rebuttal, as you asked. MR. WHITE: I was merely trying to stay as close time -wise as possible and still allow Mr. Schiffer's question about common architectural theme and the marketplace concept to be evolved by Mr. Basik. And I apologize -- CHAIRMAN STRAIN: Is Mr. Basik going to be speaking? He was asked to, if he'd like. MR. WHITE: Yes, if he could, please. CHAIRMAN STRAIN: Sure. COMMISSIONER SCHIFFER: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: What is this picture we got? CHAIRMAN STRAIN: Mr. Nino passed it out. I'm sure someone on the team can explain it. Mr. Basik, since you're at the microphone, have you seen this picture? MR. MEYER: For the record, Robin Meyer. This is a picture taken by the Basiks. This is the property that lies due north that's residentially zoned. Just to demonstrate that it may be residentially zoned, but the use is obviously for a trucking operation for the farming business. COMMISSIONER MURRAY: Did you call code enforcement? CHAIRMAN STRAIN: No, trucks for crops and everything are an allowable use in an agricultural area. I'm just wondering what your point was that shows it's being used as a farm and it's going to be used as homes in the future. I don't understand what your argument was. MR. MEYER: They asked that we pass it out. But again, we are more than willing to buffer and protect that use. CHAIRMAN STRAIN: Thank you. COMMISSIONER SCHIFFER: And Mr. Chair, back to accepting documents on the stand, I'd like to move that we not accept the truck picture. CHAIRMAN STRAIN: I'm not sure why the -- Margie, is this the type of hearing where we would Page 16 161 1B, March 29, 2007 need to formally accept or not accept evidence, or is this, because it's transmittal, not of that nature? MS. STUDENT - STIRLING: I think you established a procedure where you do that, so I don't have any problem with formally moving to accept it. I have -- at the appropriate time I have a comment about a text item in this amendment. CHAIRMAN STRAIN: Okay. We're looking forward to it. Mr. Schiffer, go ahead. COMMISSIONER SCHIFFER: The concern I really have is that one of the things we were handed out is a commitment to provide gap housing. So I think if these things are handed out and they don't mean anything, they shouldn't be handed out. CHAIRMAN STRAIN: Okay. Well, did you want to -- I'm not sure the gap housing issue is one that would be appropriate at the GMP level. I'd have to turn to staff to -- first of all, I think if it's something they have to weigh in on their particular analysis of the project, they wouldn't have done that, being passed out today. David or Randy, do you have any comments on either of these? MR. WEEKS: For the record, David Weeks, Planning Manager in the Comprehensive Planning Department. Still trying to digest it. The way it's -- if this is going to be a -- if you do vote to transmit, I guess the good thing about this is we'll have -- staff will have some additional time to review it and digest it and react to it. I certainly think that some modifications to the text will be necessary, if it is to be included. CHAIRMAN STRAIN: Is this an appropriate item to be involved in the GMP amendment? That's why I'm trying to -- Margie, I'm sorry. MS. STUDENT - STIRLING: I don't believe it is. Because this is typically something you would see at the rezone level. CHAIRMAN STRAIN: Okay. That's what I was trying to get to. Thank you. Mr. Schiffer, both of these documents, did you have something you wanted to contribute in regards to -- COMMISSIONER SCHIFFER: Well, my concern is, you know, if it's part of the sales, why do we even get it then? I think we should -- CHAIRMAN STRAIN: I don't think we can prohibit people from passing things out, necessarily. It's just a matter of whether -- if we're not going to accept in evidence, then it doesn't become part of our evidentiary process. Is that what you're suggesting? COMMISSIONER SCHIFFER: If it's not something to consider, then we shouldn't consider it. CHAIRMAN STRAIN: Is that for both the photograph and the -- COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: -- text? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Is that a motion, Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, sir. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Second by Mr. Murray. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. Page 17 March 29, 2007 CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Both documents will not be considered as part of evidence for this particular hearing. Mr. Basik, Mr. Schiffer had addressed a question earlier, and so did Mr. -- I think it was Mr. Murray, concerning your vision for this property. Would you be able to respond to that? MR. BASIK: Sure. For the record, my name is Keith Basik. I'm President of Basik Development. THE COURT REPORTER: Would you spell your last name, please. MR. BASIK: My last name is spelled B- A- S -I -K. I just want to take a second. I know there's a historical name attached to this project. Actually, it's the project right to the west of the 10 acres we're speaking of To give you an idea of what we have out there is we have on the adjacent property to the west where the flea market or what we call is the marketplace, roughly 80,000 square feet, 80, 85,000 square feet. Just to the west of that we developed a storage or industrial park. To the east -- to the west of that, we have the concrete ready mix plant, which is C -Mix. So one of the things -- the first part of the overall development was really to buffer a cement ready mix plant from the rest of our project. So I just want to have you understand what is actually out there. Adjacent to that, we have a junk yard. Adjacent to that we have another kind of a batch plant or a form plant. And what we did was -- I think thus far what we've done out there has been an improvement for the area, an improvement for the neighbors. To the north of our project we have a lot of agricultural property, five acres. It's used for a number of different reasons. Some of them, you have homes on those projects, you have people that have really created lakes where lakes shouldn't have been created. They created -- there was some dumping that has been back there. So the overall -- I just want to give you kind of the overall context of what's out there. And that it's an area that -- what we've done out there thus far we think has been an improvement. We put up four buildings that were very nice buildings, very nice industrial buildings. They block the ready mix plant from the view of the neighbors, blocks the sound, blocks the dust and so forth. This project, which is the marketplace, which is the project you asked about, I think will do -- it's going to be a very nice project. If you're familiar with any of the projects, most recent project we did was Hemingway Place, which was off of Goodlette Road. Very unique project. And we intend to do the same thing with this. It's 86,000 square feet. We call it a marketplace, but the idea is we have some -- we have retail. We have a section in the marketplace that is retail, smaller retail. We have a number of different people that will be there. In that context, the format is more of a -- maybe a flea market, but it's all indoors. And why we consider this a gateway into -- we consider it kind of -- I think Patrick White used a term that I wasn't aware of he used, but one that we use. This project is going to be a very nice project. As you go into it, one of the things that we want to do is embrace the history and the culture of Tamiami Trail. In fact, they tried to get with the woman's society that is spearheading the movement for the -- for Tamiami Trail, and it's for it to be designated a national scenic highway. And what we're trying to do is embrace the March129,10q culture. So as you go into the building -- I'll give you a visualization of the building. As you walk into the building, you have a main what we call an arena area. It will be 30 feet, and it will go up to about 50 feet. As you go in there, it will have a -- it's the center, the hub of the building. You walk in. And it will have a hint of a Bass Pro feel to it. And what we want to do is bring all the historic photos that you see along the corridors, and embrace the idea that we're on Tamiami Trail. That we'll bring in these historic photos of the 1920's when they were building Tamiami Trail, when Collier was spearheading that movement, and bring in those photos. In fact, I talked to the curator of the museum. We said we want to incorporate that. We want to really embrace the history of the Everglades and what we're doing out there, incorporate into our building, and to the outside. But mainly as you walk into it, you're going to see artifacts, historic artifacts of Tamiami Trail, of Naples. And it will have a nice feeling to it. It will have a small entertainment venue within the arena or the main center hub of this building that we could expand and we could do things at night that are musical events, smaller musical events that this area needs. Instead of going to the Philharmonic, we need a place that they could bring in a local entertainment and do things at night. So that is one portion of it. The other portion is the marketplace element where you have smaller vendors in there. And again, I want to bring in the -- I talked to the Naples Chamber of Commerce, I talked to Michael Reagen. And bringing in elements of incorporating Naples into what we're doing. And it's all going to be air conditioned, and it will have a different feel than what I think you're envisioning. One of the other aspects of this building, which is already moving forward, is a winery. And since Naples is considered one of the top -- one of the largest wine festivals in the world, what we want to do is incorporate in the front portion of it a small winery, where people could come in and we import grapes from Chile, from Napa Valley. And we have roughly 6,000 square feet that is dedicated to that. And the idea is not only from a -- selling some of the retail, but also from an educational standpoint. Which we think right where we're at, we're in a rural fringe area, and it's an appropriate place for something like that. The other element is behind the winery is we have a section that is kind of designated for a small expo. And that is another area where people who want to do trade shows, you do home shows, you do garden shows. You do other type of shows that -- again, Naples doesn't have this type of facility. And so this is going to be multi purpose. But as you go in there, if you know of any work we do, and I think our name has a good reputation behind it, it's quality work. And I think this is going to be a place that Naples could be proud of, but also incorporates the history of Naples into it. CHAIRMAN STRAIN: Thank you, Mr. Basik. Mr. Murray, did that get to your question? COMMISSIONER MURRAY: Yeah, I just want to qualify a couple of things, if I may. You said something about 30 to 50, and I wasn't sure if you were talking about height. MR. BASIK: The height of the main area, marketplace, is 50 feet. So there's a -- it's a hexagon that serves as the main hub of the marketplace. So that goes up. And from an architectural standpoint, I think you'll find that its -- I have a photo. I have a picture of what it looks like, just to help you understand it. I wasn't prepared -- I would have given you all site maps and I think it would have helped out a lot. COMMISSIONER MURRAY: Thank you. I'm not trying to put you on the grill. I'm certainly not trying to do that. And I appreciate that you have an interesting vision. But I was trying to understand relative terms of -- Mr. White had indicated 35 feet maximum height of the adjacent -- Page 19 March 29,10A MR. BASIK: Right. COMMISSIONER MURRAY: -- building, and I wasn't sure. But we don't want to have it where we pledge 35 feet and then because another building has 50 we go to 50. MR. BASIK: No, no. I'm just trying to give you the dimensions and the height as it relates to the marketplace and the adjacent. So whatever we -- in terms of the 35 feet, we don't want to go below 35 feet, just from the standpoint of architectural -- being able to be somewhat creative from an architectural standpoint. I know a lot of people want to keep it real low, but sometimes that affects your ability to create an interesting building. COMMISSIONER MURRAY: I thank you very much. CHAIRMAN STRAIN: Okay, we're going to take a 15- minute break. We'll be back here at 10:05. (Recess.) CHAIRMAN STRAIN: Okay, we're back from our break. Back on air. We had left off with Mr. Basik at the podium of the and I wanted to make sure we finished with Mr. Basik from any planning commissioners before we go on to any question. One thing I would like to comment on, this is a GMP hearing, and while it's nice that we have a lot of discussion about visions and possible uses of the property, we've got to remember that this application is for a C -4, C -5 zoning, period. That means anything within those zonings basically could happen on that property. So I'm not sure how relevant all this discussion is. If it helps us get to the end point, that's fine. But I did want to make everybody aware, this is a GMP amendment and not a PUD -- or a conditional use. COMMISSIONER SCHIFFER: I have a question I think Rob needs to answer. CHAIRMAN STRAIN: Okay, Mr. Schiffer. COMMISSIONER SCHIFFER: Patrick mentioned that 10 percent of the existing facility could be expanded, yet you testified that there would be no connections of these two buildings. Remember I questioned whether we could have essentially a 160,000 square foot building, and you said they would be connected. Could they be connected? Could there be unity of title and all this square footage be joined together? MR. MEYER: That is not the intent of the applicant. I suppose that could be possible legally to do. But you would have to obviously come back to this body at some point in time, especially at the rezone stage, if it were to be connected, and make that happen. And so you would obviously have the opportunity to look at it at that point in time. But it is not the intent to do that. I just want to make a couple -- I just received a copy of an e -mail that staffs going to present to you. It's from the Ploskis, objecting to the rezone. Obviously we're not doing a rezone, we're doing a comp. plan change. We do acknowledge that we've received it and we really don't have much to say beyond that. I also would like to point out that I attended the neighborhood information meeting for the Townsend Trust property, which is the next one before you, and one of the things that someone reminded me of is that we had a number of people who showed up at that particular NIM who really were requesting some uses in this area. What specifically they were talking about, they'd love to see some restaurants in this area, and they were hoping that as part of the marketplace that there were going to be restaurants. And obviously I couldn't answer that at that time. But I just think it's important that you are aware of that. And with that, I think we'll turn it over to Reed Jarvi for traffic, unless there's some more questions. CHAIRMAN STRAIN: No, that's -- yeah, we'll just find out. First of all, we want to find out, are there any more questions of Mr. Myers? Anybody? Page 20 March 29, 109 I Mr. Adelstein, you had -- COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: You were next after Mr. Murray, and I'm sorry, I went to Mr. Schiffer first, so if you -- COMMISSIONER ADELSTEIN: That's all right. He's a nice guy. CHAIRMAN STRAIN: If you still have a question, please go forward. COMMISSIONER ADELSTEIN: I have -- I don't have a question, I have a problem with this situation. For the record, I want to state that I respect Mr. Strain's intent to be fair and abstain in this hearing. There was absolutely no reason for him to have to do so or to do so under the law. The fact that you did it is fine, but there was no responsibility for him to have to do that. CHAIRMAN STRAIN: Okay. I thought -- well, I am doing it, though. I just wanted to make sure you understand, I'm not going to be voting on this. Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. You have this property C -4 and C -5. Could all the 88,000 feet be C -5? MR. MEYER: That is a possibility at this point in time. COMMISSIONER KOLFLAT: Or it could be a combination. MR. MEYER: I think it more than likely is going to be a combination. COMMISSIONER KOLFLAT: But the way it's written, it would allow all C -5? MR. MEYER: Yes, sir. There is no limitation at this point in time. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Mr. Myers, I have a couple of questions before Reed comes up. In the staff report, at the neighborhood informational meeting, I found a contradiction. I know it's been talked about, but I want to make sure it's very clear. It says no parking or flea market access on Trinity building, and the building height would be limited to 35 feet. Yet in the same NIM at the second to last bullet it says, a rendering was shown of the adjacent property site indoor market and it was explained it would be a 7,000 square foot 50 -foot high maximum arena to host music events, auctions, et cetera. That 7,000 square foot, 50 -foot high maximum marina, is that intended to go on this property? MR. MEYER: No, sir. That is the area that Mr. Basik was discussing as far as for community, music events and whatnot. The building -- the marketplace that is under construction right now does have a 50 -foot height limit and will be built to 50 feet. This property will not. We are committing to maximum of 35 feet on this property. CHAIRMAN STRAIN: And I've been listening to some of the testimony provided by your side of -- your group, and a lot of it seems you're wanting to go to mostly retail type commercial uses. Why did you submit this application under C -4 and C -5 intensity? Mr. White? MR. WHITE: Part of the dialogue -- you know, as kind of a historical wealth of information just shared with me is that that originated from, we believe, a staff comment. And certainly we believe, responsive to Mr. Kolflat's question, that even C -3 or C -4 uses would be ones that if the text could be amended to reflect those as the limitations that the applicant would be willing to consider. Because the intensity of C -4 and C -5, with the fear being that at rezoning we may request essentially the C -5's for all of the property, aren't ones that are within that vision. So it originated from interface with staff, but we're at this point prepared to adjust the application and request to change the text to indicate that it could be a mix of C -3 and C -4. Those are more consistent Page 21 March 29, 2007 with the marketplace and other vision of uses. CHAIRMAN STRAIN: Okay, so let me understand this then. Staff, you go in with an application with possibly a C -3 or maybe a C -4 use intensity. Staff feels you should have a greater intensity and says C -4 and C -5, then they deny it to begin with. Somehow that doesn't flow. Maybe Randy or David can explain what their process is, if that in fact was their process. MR. WEEKS: When the 2002 petition was submitted, the petitioner had language explaining what uses they were proposing, and the language was unimplementable. It used general terms. As I recall, something to the effect of retail uses, maybe restaurant uses affiliated with the adjacent flea market. Again, terms that staff viewed as too vague, too general and would be very difficult to implement. Staff recommended the C -4 and C -5 language because of its clarity. We know what's allowed in C -4 and C -5, we go right to the LDC. It was not a matter of we preferred that, but we wanted the clarity. And that's why we mentioned specific zoning issues. The intensity of uses that were being requested at the time were of a higher level. CHAIRMAN STRAIN: Were of C -4 and C -5? MR. WEEKS: At least some of them, yes. CHAIRMAN STRAIN: Were any of those expressed here today? I mean, I didn't hear C -5 ex -- I didn't hear anybody say anything. I thought it sounded like a C -5 use, but maybe you can define that or better explain that. MR. COHEN: For the record, Randy Cohen. No, sir. And that's why we were kind of -- when we heard the comment about, you know, the staff interaction and the staff recommending C -4, C -5, we kind of looked at each other and we -- the first question was when? Because obviously that interaction hasn't occurred with this specific amendment. CHAIRMAN STRAIN: Okay. MR. WHITE: And in fact, just to clarify the record, it would have been in the 2002 draft of this, if you will, that that comment I made took place, not specific to the 2005 application we're considering today. But I think to be responsive to Mr. Kolflafs concern, we would be willing to recognize that C -3 and C -4 would be the appropriate caps that could ever be requested at essentially step three, the rezoning. CHAIRMAN STRAIN: Thank you. Ms. Student? MS. STUDENT - STIRLING: Thank you. On this point, and I had made this comment to staff with the existing language about the C -4 and C -5, we need to put in there in effect at the time of adoption of the amendment, so this doesn't work into a self - amending comp. plan amendment, should the LDC uses change under those districts. CHAIRMAN STRAIN: Thank you. And Mr. Meyers, I have one other question that is non -- that doesn't come out of the traffic report. It comes out of Exhibit VE that was attached to the GMP amendment. Do you know who created that exhibit? There's some writing in there I want -- I would like to understand what they were thinking of MR. MEYER: I'm going to have to assume that Mr. Nino was probably more than likely the author of the document, simply because it was -- CHAIRMAN STRAIN: The title of the exhibit is Exhibit VE, and it says the first paragraph, public facility adequacy. And my question is about the comment made under the arterial and collector road impact. I'll read it, and maybe someone can explain it from your team. There's a sentence in there that says, comprehensive plan use designations should only be reflected as that land use which may be implemented through a rezoning action in the event the traffic level of service is adequate to serve the project, or that modifications to the highway system will be made prior to Page 22 March �29, ZiiO any development which may lower the level of service to unacceptable standards. And by your own statements today, I think you acknowledged that the improvements on U.S. 41 are lengthy, quite a ways down the road. Yet your TIS, supplied by your traffic engineer, says you're going to be on -line with your services in 2007. That doesn't correspond to the statement I just read you. And I'm just wondering how the reasoning came about and why anybody would put that in here and not want to follow it up adequately with their backup documents. MR. MEYER: I'm going to have to let somebody else answer that one, unfortunately. CHAIRMAN STRAIN: But I don't see anybody rushing to the podium. MR. MEYER: I know. MR. WHITE: I'll take a stab at it. I believe that the text was more likely than not accurate at the time it was drafted. Certainly I think in the presentation you're going to hear today from Mr. Jarvi, that acute concern that has evolved since this was last heard is the 2003 cycle amendments. And since this was drafted, I believe in -- sometime of 2004, perhaps for presentation in 2005. CHAIRMAN STRAIN: Before you dig a hole too deep, Mr. White, the date on it is 5/23/06. MR. WHITE: That may have been the last date that it was revised, but I understand your point and hopefully we can give you a more informed and articulate answer than my rough stab at it. CHAIRMAN STRAIN: Appreciate, it, sir, thank you. MR. WHITE: Thank you. CHAIRMAN STRAIN: Mr. Jarvi, looks like you've inherited some fun. MR. JARVI: For the record, Reed Jarvi of -- Transportation Engineer with Vanasse - Daylor. I'll attempt to address your question first before my prepared remarks. But when we did prepare the traffic impact statement back a few years ago for this submittal, actually at that point in time U.S. 41 was not overcapacity. It's the main issue these days. CHAIRMAN STRAIN: Was it that it was not or that it maybe was not recognized to be because the vested developments -- MR. JARVI: In according with the system in place two years ago, two plus years ago, it was not overcapacity. Now, since that time, it -- more development orders have come on, and it is gone. But in the concurrency system overcapacity, it is not actually overcapacity from what traffic is actually traveling on the road. CHAIRMAN STRAIN: The statement that I read, that didn't come from you then? MR. JARVI: Not directly. I mean, it may have been something that was said in a meeting that, you know, transpired, somebody else wrote. CHAIRMAN STRAIN: No, this was an actual paragraph used to support your amendment. I just thought it was ironic, because the way it's written, it certainly does not seem to help. MR. JARVI: Yes, sir. You know, other than -- you know, we could talk philosophical about this for a long time, but I think we're way past that today. CHAIRMAN STRAIN: Yes. So go ahead, and if you have a presentation to make, I'm sure there's questions involving transportation, so -- MR. JARVI: Yeah, I talked to Nick at the break and I told him that I was going to pair down my 25- minute presentation to about two. CHAIRMAN STRAIN: Thank you, Nick, for helping out with that. MR. JARVI: But basically I'm not going to argue the merits or not merits of the current system and how we are characterizing U.S. 41. But rather than go right to the meat of this and see what we can do, the capital improvement element -- capital improvement Policy 1. 1.2 and transportation element 5. 1, I'm going Page 23 March 29, 2007 to paraphrase them, but basically they say you shouldn't approve a rezone SRA comprehensive plan amendment, et cetera, et cetera. And there's several various types of processes. Unless there -- excuse me, if a project access is a deficient road, unless there is appropriate mitigation. And that's a paraphrase of it. But that's basically what those two comprehensive plan elements policies say. And then to follow up with that, and we've had some illusion to the U.S. 41 issue, which is the main issue for this particular project, is as staffs correctly noted that the two -lane section of U.S. 41 is not funded for improvement in the five -year planning period. In fact, it's not funded in the near term. I mean, we've had discussions with staff, with FDOT staffs, and it probably is into 10 years from now, maybe 15, maybe 17 years, if the state is the one that's going to do it. The state basically has no money that they can allocate for this. They've allocated all their money through -- to the Davis Boulevard expansion that goes up to, I think it's 2017 or 2016, something like that. So they're basically at the allotment the state gives the county for state roads. There's no state money available for several years. With that discussion, also Collier County has no intention to expand state road. So now we are at a situation that's several years off. Not near term at all, several years off. With this in mind, there is what we effectively have called the U.S. 41 developers consortium, which is a group of developers in that area that have made some formal propositions to staff and informal propositions to the Board of County Commissioners to expand 41 and/or the 951/41 intersection. So that is an ongoing endeavor or initiative at this point in time. I guess you could call it a private /public relationship, but it's pretty much more a private relationship right now, that they are looking at doing expansion for 41 to address some of the concurrency problems that are out there. Right now, as I said earlier, public bodies are not addressing the problem, state or county. No federal dollars involved. So there's -- it's not being addressed. So this partnership, or the consortium, as we call it, is looking -- is doing that. There's been several discussions of staff over about the last year and a half, maybe, year and a half or so, about this in trying to refine the proposal from the consortium and what staff thinks is the most important part of it, with the understanding that there is money available but there's limited money available from this consortium. I can talk more about it, if you want, but it's really not out -- I mean, it's in the public eye in that it's been presented to other people, but it hasn't been close to formally accepted. COMMISSIONER MURRAY: Can I -- CHAIRMAN STRAIN: Sure. COMMISSIONER MURRAY: Sorry, Cherie'. I need to question something, because I think I'm pretty much up to speed on the consortium that relates to 951 /41. And I thought I understood its boundaries. And I didn't think it related seven miles to the east. Are you telling us that this consortium is now intending to go as far as this property to expand it? MR. JARVI: Yes and no. The alleged -- or excuse me, the part of 41 that appears to be the problem is in the vicinity of the intersection. I mean, we could say it's a mile down the road, four miles down the road, three miles down the road. The consortium is looking at around two and a half, three miles east of 951. That's the area that has the congestion as currently the most --once you get farther out east, you have lot less traffic and there are little drive -- excuse me, few driveways, so the congestion is minimal or less. I don't want to say minimal, but it's less than when you get nearer the intersection itself. The intersection itself works currently but is projected to fail. DOT's put it at some time in the teens, roughly. COMMISSIONER MURRAY: Okay. I wanted to have that clear. MR. JARVI: Yes, the consortium has members that are out farther east than the two or three miles that it is proposing to expand 41. CHAIRMAN STRAIN: Since you mentioned that, is Mr. Basik a member of the consortium? Page 24 161 �� March 29, 2 0 MR. JARVL• Yes, sir. CHAIRMAN STRAIN: Are they all going to be contributing dollars, or how is that set up? MR. JARVI: Yeah, the consortium -- the rough arrangement is that they are contributing dollars above -- including and above impact fees, road impact fees. And Mr. Basik's land, which would be to the north of this petition -- north? MR. BASIK: East. MR. JARVL• East of this petition. It gets kind of confusing, there's several parcels right there -- is in the consortium. And what I was going to say, as part of our specific mitigation, we would suggest that maybe a stipulation would be appropriate that this project be included in the consortium also. And if it is, it will be participating in that expansion of 41 or the intersection as that goes through the process. CHAIRMAN STRAIN: Okay, I just -- maybe I misstated my question. I asked you if Mr. Basik was a member of the consortium. Because he represents -- he is the property owner of this application, is he not? MR. JARVI: Yes, sir. CHAIRMAN STRAIN: You said he was a member. Now you're saying that he needs to be stipulated to be a member. MR. JARVL• Let me try to clarify. He is a member, not on this property. Because this property has nothing on it right now, so there's nothing for him to be a member of He has -- CHAIRMAN STRAIN: Okay, but the whole purpose of the consortium has got to be property owners who have nothing on them, because if they had something on them, they wouldn't need the consortium. So how does that fit? MR. JARVL• Not necessarily, sir. There's several properties that are in the SDP or plats and plans stage that are stopped. There's several properties that are in the rezoning stage that have a concurrent or -- excuse me, an existing future land use that's adequate for their rezoning. CHAIRMAN STRAIN: And they have nothing on them either, because they're not permitted. MR. JARVI: They're not permitted, no. It's part -- the idea is an area -wide developers contribution agreement to do this -- that will be signed by several developers /landowners in this area. This is -- this consortium has come together to address the problem that is not being addressed by other sources, and that's what it is. Adjacent to this particular land, or in the near vicinity, there is a piece that Mr. Basik owns that is part of the consortium, because they are in the SDP process at this point in time and are stopped because of this. So they are a member of the consortium. This particular property is not a member of the consortium. We would propose to make it part of the consortium, if it's approved. CHAIRMAN STRAIN: Thank you. MR. JARVI: That's what we were saying. CHAIRMAN STRAIN: Mr. Midney, did you have something? Go ahead, sir. COMMISSIONER MIDNEY: You said that right now the level of service is all right, that it's several years in the future that it will be failing. But in the staff report on Page 10, I'm reading on the second -- well, the first paragraph it says, U.S. 41 has a directional peak traffic service volume of 1,075 trips, blah, blah, blah, yielding an operating level of service of F. Has is the present tense. So this seems to read that it's failing now. MR. JARVI: Yes, sir. What I said is in accordance with our concurrency management system, which is what was quoted by staff, it is failing. I'm saying the actual counts out there are not in a failure mode. Page 25 .16 ;P 1 March 29, 07 And as an example, and I don't have the exact numbers in my mind, but the capacity of that road is tagged at 1,075 vehicles per hour directional. The actual counts out there are somewhere in the neighborhood of 650 trips. And you can see that that is -- that's the cars that are actually on the road. Our concurrency management system has vested trips, cars that aren't actually on the road but that either are development orders that have been approved or other projects that have a vesting associated, for about 610 or 15 trips, something like that. When you add those together, you get a concurrency management system. And please bear in mind, concurrency management system is for SDPs, plats and plans. That concurrency management system says it's actually overcapacity by I think it's 288 if I remember right, what the staff report says. In that concurrency management system, that is a true statement. What I said is the cars actually on the road are not overcapacity, and they -- the projection is that it will be several years before the cars actually on the road would trigger that situation. But my point early on in discussion was I'm not going to refute that one way or another. I just said for our particular project, we would suggest appropriate mitigation in accordance with capital improvement element 1.1.2 and transportation element 5.1 would be for this project to join the consortium, provide funding for the expansion of the road, and we would also agree that whatever the phasing that is determined, if this consortium goes through, whatever phasing is agreed to on that, that we would be subject to the same phasing. Obviously we would be. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Don't you have a bunch of property owners between this parcel or these parcels and all the way up to where the consortium currently has membership that are not members of that consortium? MR. JARVI: Yes, sir. COMMISSIONER MURRAY: To make it functional, make it feasible, wouldn't you have to have all of those parties or at least most of them before you could actually ever get a DCA with a county? MR. JARVI: No, the DCA with the county is for the members, the partners of the various developers. I don't know the number offhand, but it's around 10. And those people have chose that they would fund this improvement. The other property owners in the area, there is a potential that they could benefit from that funding, but they aren't right now part of the consortium, for reasons that I don't know. They may not have any development intention at this time, they may not think they need to be. You know, I don't know why somebody isn't a member. COMMISSIONER MURRAY: Thank you. That adds clarity to the record. Thank you. CHAIRMAN STRAIN: Mr. Midney, go ahead. COMMISSIONER MIDNEY: The needed improvements, aren't you talking about hundreds of millions of dollars? Is the consortium prepared to put up that much money? MR. JARVI: I'm going to be specifically vague here, because I'm not really authorized to talk about the consortium. But the improvements they are proposing is what they think they can fund. And in the hundreds of million dollars that has been noted is the improvement flyovers at the intersection and improvements out to 92. That is not what the consortium is proposing, because they are proposing something that they can fund. They can't fund hundreds of millions of dollars. CHAIRMAN STRAIN: Let me try to short- circuit some of this, because we keep getting off into tangents that may not be as relevant. The consortium I don't believe is a county endorsed entity. 1 don't think whether it exists or not exists is Page 26 161 1 Bt March 29, 2007 going to have any bearing on decisions involving planning within the county. Is that a fair statement, Ms. Student? MS. STUDENT - STIRLING: I think so. CHAIRMAN STRAIN: Okay. And what I'm worried about is it's fine that they've gotten together to do this. We know the market is lousy right now, we know a lot of people are not doing things because the market is lousy. Whether this happens now or 10 or 15 years from now, I'm not sure that should be a large basis on what we're doing. But for informational purposes, I think we've gotten quite an earful on it so far, if that works for everybody. Mr. Jarvi, did you have any more of your presentation to finish up -- MR. JARVI: No, that was it. CHAIRMAN STRAIN: -- or just general questions on your document? MR. JARVI: That's it. CHAIRMAN STRAIN: Okay. Are there any questions related to the TIS document? Mr. Kolflat? COMMISSIONER KOLFLAT: I'm not a visionary, but as I understand it, the level of service is still F on U.S. 41, close to Collier Boulevard; is that right? MR. JARVI: Yes. (At which time, Ms. Caron exits the room.) MR. JARVI: I believe you said its F. COMMISSIONER KOLFLAT: F, yes. MR. JARVI: Well, U.S. 41 close to Collier Boulevard; is that correct? Yes. In that accordance with concurrency management system, that's a true statement. CHAIRMAN STRAIN: Let the record reflect Ms. Caron had to leave for a prior commitment. Mr. Jarvi, if you could turn to Page 1 of your document. The third paragraph says, the analysis indicate that in 2007 only U.S. 41 between CR951 and -- SR951 and CR92 is reprojected to have trip generated trip volumes greater than three percent of the AUIR maximum service flow rate. The next paragraph said, no links exhibited projected volumes that would both exceed the SF and have projected site generating trips exceeding three percent of the FS max. Those two sentences, because probably I don't understand all your traffic writings, seem to con -- I'm a little confused. One seems to contradict the other. Can you clarify? MR. JARVI: Yes, sir. The first sentence says, in accordance with the Growth Management Plan and the Land Development Code. We measure significance of a project's impact on the roadway system. That is based on the max SF, which is surface flow max. It's all -- capacity is probably a better, more common term in public forums. We measure the project's traffic as compared to that capacity. And there is only one link in this particular project that has a greater than three percent impact. Once it gets -- basically once it gets to 951 and 41 and traffic comes and goes three different directions, it drops below that significance factor. The next statement says that there is no adverse -- adverse meaning it's overcapacity. At the time this was written, it wasn't adverse. Remember, this was written over two years ago. CHAIRMAN STRAIN: Right now, though, would it be considered adverse? MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Okay, that's -- MR. JARVL• Well, let me rephrase that and say yes it would, in accordance with the concurrency management system. CHAIRMAN STRAIN: On Page 3, in your committed roadway improvements, the second Page 27 March 29, 2007 paragraph, CR951, north of U.S. 41, is scheduled from a four -lane to six -lane expansion with construction to start in 2006. You do know that didn't occur. MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Okay. The PD &E study from LePress (phonetic) to widen U.S. 41, east of 951, however designed and constructed, any possible improvements have not yet been scheduled. Based on the staff report, it looks like it's five years before that's going to happen. Is that -- MR. JARVI: No, I think staff report said it wasn't scheduled within five years. CHAIRMAN STRAIN: Right, it's not scheduled in five years. MR. JARVI: That's correct, sir. The PD &E study is ongoing, but the construction of 41 has not been scheduled. CHAIRMAN STRAIN: You use the shopping center category 820 -- MR. JARVI: Yes, sir. CHAIRMAN STRAIN: -- to do your modeling, yet we're going to have a lot -- we could have potentially different uses than what 820 would dictate, based on the statements by Mr. Meyer earlier that anything in the C -4/C -5 range could happen. MR. JARVI: Yes, sir. CHAIRMAN STRAIN: Did you look and see how that would affect your TIS? MR. JARVI: No, sir. In general, when we have a general retail use, we use shopping center, because that considers many different uses. CHAIRMAN STRAIN: On Page 6, second paragraph, second to the last sentence, I'm trying to figure out where this fits in. Since CR92 has no assigned SF max of flow rate for Logan Boulevard was used. I'm just -- I don't understand that. MR. JARVI: What it says is CR92, San Marco Drive, or Boulevard, there was -- at that time there was no capacity noted in the county's concurrency system or the AUIR, so we used what we felt was a similar type road, which we picked Logan as a two -lane road, as a similar type road for its capacity so we could do a comparison. CHAIRMAN STRAIN: Logan Boulevard through the Estates goes from Santa Barbara to Vanderbilt Beach Road? Oh, no, that's four -lane there. So you're looking at a two -lane segment, so it would be Pine Ridge to Vanderbilt Beach Road through the Golden Gate Estates. You think that's comparable to CR92, which is a back door in off U.S. 41 to Marco Island? There's only two on the whole island and that's one of them? MR. JARVI: It's a character of roads, sir, it's not what the traffic is. And it is a capacity of the road segment. If anything, Logan Boulevard with the series of intersections would have a lower capacity than CR952 -- excuse me, CR92. Because 92 has very few driveways. So from a capacity standpoint, it's conservative using Logan Boulevard. CHAIRMAN STRAIN: Okay. I think you've answered the other questions I had. My only remaining questions remain of staff. Does anybody else have any questions of the applicant at this point, of any of his consultants? (No response.) CHAIRMAN STRAIN: Okay, we'd like to hear from county staff. MS. MOSCA: Good morning, Mr. Chairman. Commissioners. For the record, my name is Michelle Mosca with Comprehensive Planning Staff. I'm going to ask David Weeks if he'll go ahead and pass out the activity center map at 951 and Collier Boulevard. I don't have the visualizer, that's why I'm providing the handout. The agents discussed the project in great detail, so I'll just go ahead and address staffs findings. The findings are also located on the second to last page or Page 12 of the staff report. Page 28 161 1B March 29, 2007 Generally speaking, the application fails to demonstrate or justify the requested change to the Growth Management Plan. The market study and the analysis provided is inconclusive in that it does not adequately demonstrate demand. If you look at the handout in front of you, the activity center map, this property is located within 3.5 miles from the site within the urban area. And as you can see from the map, there's a tremendous amount of commercial development proposed and presently developed in that center. I'd like to also point out, and this was mentioned earlier, that this is an area where a large 2,500 -acre rural village is planned. This could possibly equate to just for the neighborhood center alone 750,000 square feet of commercial development. Just for that center alone. The idea with the rural village center is that it is a semi rural type development. It's buffered from adjacent properties. It's required to have a minimum 300 -acre buffer. Very different from what's being proposed here. I know that the applicant mentioned somewhere around 88,000 square feet of commercial. Small when you look at the site alone, but when you look at all of the commercial being proposed in this area, as well as what is already there at the activity center, it's a huge number. Also, when you look at the units that were provided in the analysis from the agent, those units include, for example, Fiddler's Creek. Well, we know that Fiddler's Creek has approximately 325,000 square feet of commercial. CHAIRMAN STRAIN: 265,000. MS. MOSCA: Thank you. Okay, on the PUD perhaps it lists 325 -- CHAIRMAN STRAIN: That 265 is permitted. MS. MOSCA: Okay, thank you. So those units, those residents within Fiddler's Creek -- and some of that is located internally to the project. And Mr. Strain can correct me if I'm wrong. Those units will be served by that commercial. There was also a reference to Walnut -- I believe it's Walnut Lakes PUD. That PUD is actually closer to the activity center than to the specific site. So I just wanted to bring that to your attention. I just referenced two of the developments listed in the agent's submittal. Secondly, I'd like to point out that the submittal fails to address noncommercial type development opportunities on the property that are consistent with the present designation. Again, I want to remind everyone that this is a property that is designated rural agricultural. It is zoned rural agricultural. It is intended to provide a transition between the urban area and the rural area. If the site is not suitable for residential, there are many conditional uses that could be considered, such as community facility uses, churches, day care, assisted living facilities, and the listings on. Or agricultural type uses. I'd like to also mention, which was addressed, that considerable traffic will be generated should this subdistrict be approved. And again, mention 41 is a failing roadway, it has vested trips for development already in the area. The approval of this subdistrict will only exacerbate that condition. Finally, I would like to stress that this is an inappropriate location for this commercial development. Again, designated rural agricultural. What you'll see here is the pulling of the urban population to this center. In staffs professional planning opinion this is inappropriate. Further, this allows for the chipping away of the rural fringe program, the rural fringe mixed use program. We'd like to see that program have the opportunity to take off, and again, slated for a large rural village. Finally, I'd like to mention, there were two letters of opposition, both of which now you have received. With that, I'll answer any questions that you might have. Page 29 March 29, 2007 CHAIRMAN STRAIN: Thank you. Questions of staff? Mr. Schiffer? COMMISSIONER SCHIFFER: Michelle, in the staff recommended wording, number -- or item A, you changed that from requiring a PUD to encouraging a PUD. So essentially what you're saying is that this site could be developed for whatever uses we determine without the PUD process. MS. MOSCA: My understanding from legal staff is that we cannot require PUD zoning. And I'll defer to Marjorie. CHAIRMAN STRAIN: Marjorie? MS. STUDENT - STIRLING: When I reviewed these amendments, I made anotation to staff that that should be changed to shall be encouraged. That's what we've done at other places in the comprehensive plan. And there's case law that local government cannot force someone to do a PUD. And I understand this language is being brought forward by the applicant, but we still need to be careful what we put in our plan, so I would recommend the encouraged language. COMMISSIONER SCHIFFER: What that means is that the site could be developed without a PUD. MS. STUDENT - STIRLING: That's correct. And we can't force it, so -- CHAIRMAN STRAIN: Any other questions of the staff at this time? (No response.) CHAIRMAN STRAIN: Michelle? MS. MOSCA: Yes. CHAIRMAN STRAIN: My turn. Let's start on Page 6. Well, first of all, as a general note, the applicant has suggested that they would work with C -3 and C -4 instead of C -4 and C -5. Would -- I know this is a kind of on- the -fly question. Would that change any of staffs considerations? MS. MOSCA: No. CHAIRMAN STRAIN: Okay. On Page 6, the second paragraph has a one - sentence statement. The present designation on the subject site allows development consistent with the surrounding development patterns, both existing and proposed. Can you explain that? MS. MOSCA: Yes. To the east of the property is a preserve area. And then you'll see the golf course. To the -- wait a minute, let me get my map. CHAIRMAN STRAIN: Well, what is the present designation? MS. MOSCA: The present designation is rural agricultural, rural fringe mixed use district, receiving lands. CHAIRMAN STRAIN: And under those receiving lands, you can have a variety of uses, including, for example? MS. MOSCA: For example, residential. And it's listed on -- there's an exhaustive list, but it starts on Page 5. Agricultural uses, single - family, multi - family, and the listings on. Essential services, community facilities, et cetera. CHAIRMAN STRAIN: Would the particular use they're looking for qualify under any of those? MS. MOSCA: No. CHAIRMAN STRAIN: On Page 7, economic justification. Apparently the agent on the first bullet provided census tracts or portions of unspecified census tracts as a justification for the potential trade area for any commercial activity for local goods and services. Seems that staff took exception of that. Can you elaborate just a little bit on that? MS. MOSCA: Yes. If you look at the census tracts --I know the maps are rather small, but if you Page 30 161 1 B t March 29, 2007 look at the census tract boundaries -- and that would read 111.01 and 111.02. And then you look at the additional analysis that was provided in the applicant's commercial needs analysis or inventory, they referred to the Royal Fakapalm. So when you overlay the two, they're not the same. So if you start looking at households within one area, obviously they're going to be different in the other. Did that explain it? CHAIRMAN STRAIN: Yes, it does. That means the multipliers used for justification then would be maybe not exactly as they should be? MS. MOSCA: Correct. I'm sorry, I would like to point out, though, there are areas of 110.2 that are completely undeveloped. CHAIRMAN STRAIN: Right. The third bullet down, the agent failed to explain the methodology used to calculate the existing and projected residential units and population within the market/trade area. Can you elaborate? Is that the same reference to that population census tracts that are used; is that right? MS. MOSCA: Yes. CHAIRMAN STRAIN: Under the commercial needs analysis, towards the bottom of the page, the last sentence, last line, the existing and proposed commercial square foot for the same area was not provided in the analysis, rather only a three -mile radius. Can you elaborate on that? MS. MOSCA: Well, when you look at a commercial needs analysis and you start looking at the aggregation of units, that same geographic area has to be looked at in comparison to your existing commercial inventory. So you can't state there's 6,000 units within "X" geographic area and then narrow the commercial within a three -mile radius. CHAIRMAN STRAIN: Then what happens is you create a greater need for the -- based on the residential and a wider area that may be served by commercial that isn't reflected in your three -mile area, is that -- MS. MOSCA: That's correct. CHAIRMAN STRAIN: On the same page towards the bottom it says, the agent provided select dwelling unit data as listed below, but did not provide data sources and did not account for vacancy rates. Any elaboration on that? MS. MOSCA: If you look at Page 8, you'll see the project description, number of dwelling units. This was provided -- this was provided by the agent. The bracketed items were additions. And many of them are RV communities, mobile homes. I don't really have anything more to add to that. CHAIRMAN STRAIN: I understand. On that same -- on Page 8, the bullet that is at the end of the section you just started talking about, the agent provided the county -wide medium household EBI rather than the figure appropriate to the specific trade area and then applied this figure to an unidentified household count within the Royal Fakapalm planning community in order to determine the project commercial demand in 2015. Why would that have been done? MS. MOSCA: We don't typically see that at this -- this is perhaps an exception. What we look at -- and there are different ways to prepare a commercial needs analysis. But if you're looking at a market area, you want all of the demographics for that specific area. You don't want to just go ahead and generalize. CHAIRMAN STRAIN: Okay. Page 10, public facilities impacts, first bullet, second sentence, the agent did not provide the level of service impact specified to the requested use, shopping center. Well, now, we know they use that in the TIS, as Mr. Jarvi previously stated. But apparently in the water and wastewater calculations they did not use that? MS. MOSCA: If I can recall, I don't believe -- I believe the level of service standard was provided; Page 31 March 29, 2007 however, they did not apply those level of service standards to the actual square footage being requested. I had to go back and look at a prior submittal to obtain the information, which I believe is probably accurate. CHAIRMAN STRAIN: Under the consistency with the GMP statement above, the additional -- it says in the last sentence, the additional 88,110 square feet of commercial use is not consistent with the Policy 5.1 of the transportation element of the GMP. Is that because of the current situation? Because we heard Mr. Jarvi testify there were changes in the pattern or the way the level of service was looked at from the time this started till the time we have today. I'm just wondering what time frame your consistency analysis was for. MS. MOSCA: That was a statement provided to me by transportation staff, so I'll need to defer to them for that answer. CHAIRMAN STRAIN: Okay, let me make sure I've got -- I've got one more of you and then I'll ask -- I'm sure Nick's dying to get up here today. Findings and conclusions. Let's see. The third bullet, the data and analysis submitted with the petition fails to address or consider noncommercial development opportunities on the subject property. What did you mean by that? MS. MOSCA: If you look at the second sentence, we look at transitional uses such as conditional uses, if a site is not viable for residential development, let's say. There are many uses that can be developed on this property. It does not have to be a commercial use, especially of this magnitude and intensity within a transitional area. CHAIRMAN STRAIN: And Michelle, are you a planner? MS. MOSCA: Yes, I am. CHAIRMAN STRAIN: Typical planning, when you lay out entry -- first of all, I believe East Tamiami Trail is one of the main thoroughfares to enter -- to East Naples; would that be a fair statement? MS. MOSCA: That would be a fair statement. CHAIRMAN STRAIN: When you look at those entries in planning in today's world, is generally heavy industrial use something that's sought for in those main entries? MS. MOSCA: I would have to say no. CHAIRMAN STRAIN: Thank you. Any other questions of Michelle? (No response.) CHAIRMAN STRAIN: Maybe Nick could answer that one question then. (Speaker was duly swom.) MR. CASALANGUIDA: For the record, Nick Casalanguida with Transportation Planning. CHAIRMAN STRAIN: Nick, the question was around the timing of this comment and the consistency of the GMP for 5.1 of the transportation element. Since we heard Reed indicate that he had submitted this early and had one application or one maybe finding at that time involving the level of service, and it may have changed between the time that it was submitted and today, I was just -- I wanted your thoughts on timing in which you provided that statement. MR. CASALANGUIDA: Sure. At this time I reviewed the application, it was discussed that the 5.1 was a five -year look forward period. And so Mr. Jarvi was commenting about concurrency at that time when the original submittal came in would be in effect true, there was concurrency there. But we are not talking about concurrency, and I want to be clear, we're talking about consistency. And I'll elaborate as far as the land use element and future use in this area. If you allow the comp. plan change to continue and move forward, we have to consider that use in our long -range transportation plan as a viable land use at our -- CHAIRMAN STRAIN: You might want to do two things: Slow down a little bit and pull the mic Page 32 161 1a � March 29, 2007 closer to you, because I know Cherie's probably typing as fast as she can right now. MR. CASALANGUIDA: Sure. Thank you, Cherie'. You know, should get a little shock collar on me if I talk too fast. CHAIRMAN STRAIN: Give me the button. MR. CASALANGUIDA: You would definitely be the sound. So when we looked at that, we were consistent with 5.1. You look at traffic five years ahead. And you've looked at your improvements in that five -year period. There are none. So we looked at that and found it inconsistent with 5.1. Mr. Jarvi referenced mitigation. Yes, there is a consortium. I don't think he can count that in this application. It's not been approved. It's being vetted at this time, so it's something that's out there but cannot be counted as a viable project for U.S. 41. So transportation has found the project inconsistent and recommends denial at this time. CHAIRMAN STRAIN: When you provided staff with that statement of inconsistency, was it -- can you give me a time frame? Was that recently or was that when this was first reviewed? MR. CASALANGUIDA: Within the last six months. It was recently. CHAIRMAN STRAIN: Okay, any other questions of Nick or any staff members? Mr. Midney? COMMISSIONER MIDNEY: Yeah, Nick, how is it that -- we don't have that many F roads or F segments. How is it that we can get so far behind on something and have no plans to improve it? MR. CASALANGUIDA: Well, it's a state road. And when you say so far behind something, it's -- you know, when you look on our five -year plan five years ago, Davis Boulevard was in there to be funded. Whether there was money planned for U.S. 41 as the funding has dwindled through the state process, even through the county process, projects get pulled. So planning -wise, we anticipated, you know, the PD &E study to come forward and we anticipated the state would have funding for projects like this, but they do not. And so, you know, as funding changes, roads fall off, programs to be improved, you know, level of service F. So -- COMMISSIONER MIDNEY: Is this going to be like a constrained road do you think in the foreseeable future? MR. CASALANGUIDA: Well, constrained now due to concurrency, if that's what you mean. We're not approving any development orders on this roadway right now. COMMISSIONER MIDNEY: How are we going to get a rural village in there if it's going to be an F road in the long -term future? MR. CASALANGUIDA: I would hope that the developers that are part of this consortium and the rural village will step up and be part of the solution at that point in time if they want to make their projects work. COMMISSIONER MIDNEY: Isn't it, though, hundreds of millions of dollars that are needed? MR. CASALANGUIDA: Well, for the widening of 41, depending on how far you take it and what kind of footprint, it might be difficult. The long -range PD &E forecast, you're right. We're talking $150 million overpass flyover at that location. You would fund some of that in phases, I would imagine. One of the things we are looking at, even with the consortium, is to say maybe the object would be to do intersection improvements and have a plan for long -range what that intersection should look like. So we are looking at it, we're not putting a blind eye to it. Funding is the critical issue right now. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Thank you. Any other questions? (No response.) CHAIRMAN STRAIN: Thank you, Nick. David, are there any public speakers? Page 33 March 29, 2007 MR. WEEKS: We have one. Pat Rodinsky. CHAIRMAN STRAIN: Ms. Rodinsky, were you sworn? MS. RODINSKY: No, I wasn't. (Speaker was duly sworn.) CHAIRMAN STRAIN: You'll probably need to start by spelling your name for the court reporter. MS. RODINSKY: Patricia Rodinsky. R- O- D- I- N- S -K -Y. CHAIRMAN STRAIN: Thank you, ma'am. MS. RODINSKY: And I live on Trinity Place, 11231. And I am very glad that I came to this meeting today, because I do see that everyone is looking out for our best interest. But my only concern is that I do live on a dead -end street, and if the project goes forward, I would hope that you all consider that we need a way out of Trinity Place. And I was hoping that you could see that no traffic from the flea market/marketplace would be allowed to go through this property that we're talking about today on the corner, so it would be difficult for me and my family to leave my location. And that's about it. CHAIRMAN STRAIN: Thank you. And I -- this is what's called a GMP amendment, and the specificity of road access and items like that are usually accomplished through a subsequent application through an SDP or a PUD. I'm not sure, and maybe staff can correct me, I don't know how detailed we can get in a GMP amendment with access to roads and items like that. MR. WEEKS: That's up to you ultimately. I know the preference is to be more general in nature to defer such a site specific consideration to the zoning stage, or even the site development plan stage. But we do have some precedent in the past for getting down to that level of detail. MS. STUDENT - STIRLING: For the record, Marjorie Student- Stirling, Assistant County Attorney. I've warned against, since this started, with a great detail on subdistricts. They do not belong in a comprehensive plan. To change anything, you have to go through an incredible process, and there's quite -- could be some exposure for an administrative hearing of finding of noncompliance. The GMP is like a constitution, and it has more general language than the LDC. The Land Development Code is supposed to implement the comp. plan, as are the various development orders, including rezones, and to me this type of thing is more appropriate at the site plan level, because typically we -- and Nick is here to verify this -- we see language in the PUD documents even, which is a step beyond this, that says that the access points are more conceptual, and they reserve the right to change them at a later point. Isn't that correct, Mr. Casalanguida? CHAIRMAN STRAIN: He's not on record, he's sitting in the audience. But I understand -- MS. STUDENT - STIRLING: I just wanted to make sure that was my correct recollection. So I don't believe this is the point to be setting access points. CHAIRMAN STRAIN: The reason, Ms. Rodinsky, I'm pointing all this out is I think that your presence here and any issues like that, you need to bring up as this moves through the process. There's going to be four meetings total, including this being one of them, just to get to the point where they may have the right then to come in and ask for further detail on a project. And it's in that further detail that the answers to your questions would be addressed. To address them here is not the arena that we normally get into them, but by you highlighting it, I'm certainly -- that is a good thing. That will make it aware in everybody's mind, if it survives this process today and the next weeks. MS. RODINSKY: I do appreciate it. CHAIRMAN STRAIN: Thank you, ma'am. MS. RODINSKY: Thank you very much. COMMISSIONER SCHIFFER: Mark? Page 34 161 Hi March 29, 2007 CHAIRMAN STRAIN: Yes, Mr. Schiffer? COMMISSIONER SCHIFFER: And Mark, this is -- or to you, Margie. But in this thing we're limiting the access to -- in other words, we're requiring the access to be Trinity, Item F. So the neighbor gets up and says I don't want any access on Trinity, you're saying we can't do that, yet this is requiring. MS. STUDENT- STIRLING: You know, I think it's something that needs to be addressed later on in the process. I don't really think it belongs in here, period. COMMISSIONER SCHIFFER: Right. But if it passes from here, it's going to require access on Trinity. MS. STUDENT - STIRLING: You can recommend the language be removed. CHAIRMAN STRAIN: And in fact, if you look at some of these other items on here, if this were to survive today, there are other issues here that we may want to take a look at in that regard. But I think we first need to get all the input we have. Are there any other speakers, Mr. Weeks? MR. WEEKS: No. CHAIRMAN STRAIN: Okay. Mr. White, you wanted a short rebuttal? MR. WHITE: Quick, brief, succinct. Taking the last point I think first, we would be prepared to stipulate, even if it's not appropriate at GMP, that at rezoning we would implement a parking management plan such that all of the marketplace uses and any events associated with the use of the public assembly common area would be implemented such that all the traffic from those events would flow through the existing commercial area that's already developed and down Basik Drive to 41 so it would not be exiting at Trinity Place. So we would address that neighborhood concern. The other uses, commercial or residential, as they may evolve, including the potential even for an EMS station, that there have been discussions with the county on, would all be ones that I believe the neighbors have not objected to, and we've discussed with them and they would be comfortable with. CHAIRMAN STRAIN: Mr. White then, before we go any further, Ms. Rodinsky's point and Mr. Schiffer's follow -up question about striking any reference to Trinity Place in the subdistrict language as proposed, then you would have no problem with that? MR. WHITE: I'm just looking at the staff recommended text. CHAIRMAN STRAIN: Page 13, Item F. MR. WHITE: F. I don't think we have an objection. Because in fact we're contemplating an alternative, if you will, based upon those more recently expressed neighborhood concerns. CHAIRMAN STRAIN: Thank you. Mr. Schiffer, thank you for pointing that out. MR. WHITE: To respond to the staff comments first, in particular on Page 7 of the staff report, bullet one, talking about economic justification in the question of the overbreadth of the household numbers coming from a portion of consensus tracts that were enumerated. The reason why the word portions was used and the whole staff objection to it is not based on a sound premise. It's incorrect, because if you look on the following page of the staff report, our number of housing units analysis is based on the approved PUDs and the residential development within the three -mile radius. They are internally consistent. And so I know there's a number of bullet points and arguments made in the staff report based upon the premise that somehow they were overly broad. But the fact of the matter is that they are equivalent and appropriate and form the rationale that is consistent with sound planning practice under 9J -5 to constitute adequate data and analysis, and therefore we believe would allow this planning commission to find it appropriate for transmittal. It's a key point, and I'm glad we got into a discussion about it, because the clarity for this commission is essential. Page 35 March 29, 20 Just more generally, we started out by kind of trying to identify where we were on the development cycle time line. And I find it an interesting dichotomy that at times the long -range planning analysis done by the county, in particular from the transportation planning perspective, is one that finds a long -range planned small -scale amendment to somehow not be consistent when in fact it specifically looks to implement a mitigation condition that is consistent with what all developers and developments do. No one gets to go anywhere in terms of actual development unless and until you meet concurrency at site development plan or plats and plan. And I find it somewhat confusing to use the argument that you can't be now consistent because you haven't demonstrated that you will be able to build the capacity, because this body may not see the consortium as an accepted mitigation solution, when the nature of the condition that's actually being put into the amendment is one that says it would then have to be. The fact that it is not today isn't as pertinent as recognizing that for long -range land use and transportation planning purposes, we would in fact be consistent with the policies that have been identified, because they allow for just that kind of a mitigating circumstance. We're committing to it, we're committed to it at the SDP level for the adjacent property, and we'll remain committed to it, consistent with the way that the folks for the rural village would have to be. And so I just don't want to have there be a circumstance to arise where somehow the impacts from rural village specific to transportation are somehow seen as different than those for a proposed small -scale amendment. Now, we didn't talk specifics. None of the planning commissioners seemed to have a concern about the intensity of the development. But if it helps to allay the concerns that may exist, and knowing that we'll address some of this at rezoning, in particularly the TDR issue. And since it's not a, quote, matter of evidence today, that is a commitment that we can make on the record. Similarly is the concern about transportation mitigation. And lastly about common architectural theme. That is something that I think we can -- more consistent with what other PUDs have done, and what is generally for some of the commercial zoning districts, identify and be consistent with those criteria that are already enumerated in the LDC and those other PUDs, because those PUDs are incorporated by reference. And turning to the intensity of the request, we're prepared to reduce to the prior original 2002 submittal the square footage intensity to 75,000 square feet. We believe that that will help in terms of the transportation impact overall. It will certainly I think address some of the economic justification issues that staff perceives or may still perceive as being pertinent. And I think that in combination with our proffer today to have the amendment reflect only C -3 and C -4 uses, that reduction of intensity, once we get down to more precise transportation or traffic impact statements and look at more precise ITE land use categories, and we start talking at rezoning about what those will be and what the trips generated will be, I think you're going to see that there's a smaller and smaller number of trips that we're talking about. So we're focusing on what the concerns are that have been expressed here today, and I believe responding appropriately, including that we have exhibited sound planning principals in terms of the data and analysis provided to justify it. And if there are any questions, I'll be happy to try to address them. I appreciate you being patient with us, and I again thank you for allowing us a week's continuance to be able to come back and present you as clearly as we could today our proposal. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I just want to clarify something you just said about Trinity Place, and you thought you might be able to accommodate that because you have an alternative plan. Presumably then, I'm thinking interconnectivity with the other adjacent property. Page 36 161 March 29, 2 0 And change is then -- again, I don't want to belabor this, but we're going back to creating a larger item, ultimately. That's where I'm heading in my mind. Is that correct what I see? MR. WHITE: If you're referring to being considered as an integrated and unified plan of development at rezoning, the answer is yes. COMMISSIONER MURRAY: Okay, that's what I thought. MR. WHITE: The stormwater is presently integrated. We are looking at the internal traffic being similarly integrated. The common architectural theme would be integrated. So what we're looking at a holistic vision with a mix of uses. CHAIRMAN STRAIN: Mr. White, one statement you made I wanted to just suggest a clarification. I think you said that none of this commission was concerned about the intensity of the development. MR. WHITE: No, I said no one had specifically expressed a concern about 88,000. CHAIRMAN STRAIN: Well, Mr. White, I think -- MR. WHITE: Mr. Schiffer did. CHAIRMAN STRAIN: I think all the questions I asked in my mind were related to the intensity of development. If I didn't specify each one by saying based on 88,000 square feet -- my questions were all based on what you're proposing, which was the 88,000 square feet. So I think the intensity is a concern from some of those, at least me. MR. WHITE: I appreciate the clarification, Mr. Chairman. And my proffer of a reduction to the prior original 75,000 stands and hopefully is responsive to those broad and more now specific concerns. CHAIRMAN STRAIN: Thank you, sir. Any other questions or comments? Mr. Schiffer? COMMISSIONER SCHIFFER: Just a point of information, and maybe Margie answers this. If this were approved, the next step for development, they would either come in with a PUD, but would it automatically rezone the property where they could go straight to an SDP, or would they have to come here to rezone it to -- MS. STUDENT - STIRLING: It is encouraged to be in the form of a PUD. And then there's discussion about, you know, uses that are in certain zoning districts. I think they more than likely would come from a PUD. I don't ]mow what -- what's the current zoning on it right now? MR. WHITE: Ag. MS. STUDENT - STIRLING: Ag? Okay, they'd have to come through either a straight rezone or a PUD. So at the rezone level, you would get another bite of the apple, so to speak. And at either one of those you can put conditions on straight rezone, as well as things from a PUD. COMMISSIONER SCHIFFER: So there's no way they could go into the SDP process without coming before a public hearing? MS. STUDENT - STIRLING: I don't see it with ag. zoning on it now. MR. WHITE: Wed agree with that, Mr. Schiffer. And in fact it may not be something that is seen as appropriately broad enough in our conditions, but it's a commitment we would make, that it would be PUD. That would be fine. CHAIRMAN STRAIN: Any other questions? Mr. Kolflat? COMMISSIONER KOLFLAT: I don't want another bite of the apple. I'd like to make a motion. CHAIRMAN STRAIN: We've got to make sure we're done with all the questions and no other public speakers. If so, then you're free to make a motion. MR. WHITE: Thank you. CHAIRMAN STRAIN: Thank you, sir. COMMISSIONER KOLFLAT: I make a motion that we forward to the Board of County Page 37 lMa6rcll 2911 Commissioners CP- 2005 -10 with a recommendation that it not be forwarded to the CDA (sic). CHAIRMAN STRAIN: Recommendation of denial of transmittal? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: Is there a second to the motion? COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Motion made by Commissioner Kolflat, second by Commissioner Adelstein. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All against the motion? COMMISSIONER SCHIFFER: Make mine. CHAIRMAN STRAIN: Note that I'll be abstaining. COMMISSIONER SCHIFFER: I'm against it. CHAIRMAN STRAIN: So the motion carries 5 -1, with one abstention. PETITION: CP- 2005 -13 - Continued to April 5, 2007 CHAIRMAN STRAIN: With that, we'll finish with that item. I have a housekeeping matter that I remember being notified about, but usually somebody pops up at the beginning of the meeting to help remind me, and that is the continuation of the Item CP- 2005 -13. Is someone here today to request that? MR. COHEN: No, sir. Staff specifically is requesting that that item be continued. And when we spoke about continuing, we thought it would be best to continue to your next regularly scheduled meeting, which I believe is April the 5th. CHAIRMAN STRAIN: Okay. Well, at the end of this meeting we can make a motion to continue to whatever date we decide. But I want to make sure that anybody in the audience that may have been here for number 13, which is the Assembly of God PUD on 951, that particular motion will most likely not be heard today. PETITION: CP- 2005 -11 CHAIRMAN STRAIN: And with that, we will move on to CP- 2005 -11. It's a future land use map to change the rural fringe mixed use district to allow for approximately a half a million square feet of building space for warehouse and manufacturing uses along U.S. 41 East. All those wishing to testify on behalf of this applicant, please rise and be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: For the record, I will be abstaining from the vote on this. This is the Growth Management Plan Amendment 2005 -11, located across the roadway from a project that I receive income from. In order to avoid the perception of a conflict, I will abstain from voting on this issue. This NTRW 6! i March 29, 2007 plan amendment may have an impact on the development that I work on. Thank you. But I will be participating. Okay. MR. FERGUSON: Okay. For the purposes of the record, my name is Tim Ferguson. I'm an attorney. I've also got a Master's Degree in urban regional planning. This -- my team is by absolute coincidence the same team that was here for the previous presentation. And a lot of the issues addressed in the previous presentation will be similar to this one, so I'm going to try to keep my comments brief. For the last two years we've looked at trying to forward an industrial type use on the property adjacent to the Cemex Plant. There's a 15 -acre piece of property that's between our 42 acres and the Cemex Plant that's also controlled by the same group. We would have liked to included that in this application, but the amendment to the application would have caused it to be bumped, so as you consider this, we'll be coming back to add that 15 acres as well. If you fail to plan, you plan to fail. Right now we have individuals that live out on the East Trail who drive about 14 miles into town to pick up their lawn trucks who will be driving 14 miles back to this area to cut a lawn or to do a pool or do maintenance on homes. Then they'll get back in their work truck and they'll drive 14 miles back to the industrial zone we have now. Then they'll get in their car and they'll drive 14 miles back to where they live. Because that area for those workers is about the most inexpensive place to live in this county, if you're going to live here. That is planning to fail. And when we talk about transportation issues from a planning perspective, if -- there's a proportionate share law in this state that says if the -- if you've got concurrency in place, which we do, which says that you cannot develop your property unless its concurrent, you can pay your proportionate share to build that road, okay. What we're doing here is we're avoiding that, okay, we're failing to plan to build this road. Yet what we've done is we've created a whole system of sending lands. We've said this is where we're all going to put all those units. We've already got 6,000 units in that area. That is a rural village. They will need services out there. If we don't address that now and at least plan to have some uses, industrial uses out there -- what we intend to do is put warehouses out there that will house uses that service the residents. Now, the rural fringe district, which apparently is consistent with the comprehensive plan because it's already been voted in, okay, we found that this is consistent, it suggests that we need essential uses. And what it suggests is it suggests that the rural fringe mixed use district allows for a mixture of urban and rural levels of service. And so what that -- what you're doing there is you're saying we need essential water, schools, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the district. In the comprehensive plan stage you're thinking generally in the future for what you're going to need out there. If you don't plan to have it, somebody's going to come develop that property for a different use and you won't have it there. And then everybody will be driving 14 miles into town and 14 miles back and 14 miles back and back and forth. They'll be putting 40, 50 miles on the roads when they could put four. No one would be able to develop here until the road's concurrent. That's the law. And somehow we're mixing up what is a long -range comprehensive plan with a concurrency that shouldn't even be thought about at this stage. And what we're calling it is we're calling it consistency. It really isn't consistency at all. It's another bite at concurrency. And so what we're doing is we're planning to fail out here, okay? There's 6,000 planned units out there. When I grew up in Naples, because I'm a native, there were 6,000 people in town. That was a city. Page 39 March 29, 200q There's a city planned out here. And staff has suggested that this is where the city is going to go. And we talk about rural uses. The plan is for an urban use out there. And that's what allows us to save all the land that we have designated as receiving. So -- I mean sending. Because we're going to conserve all that sending land. So this is where we plan to put it. Now, if we don't plan to put some services out there to service these people, then we're planning to fail. So what I'm suggesting to you today is there is a need for about approximately 400 acres of industrial type uses. But they should be just limited to the types of uses that service the residents. When we talk industrial, we're not talking smokestacks out there, okay. We're talking what we need out there. Repair your car, build a truss so you don't have to drive all the way from Pine Ridge Road down here to get a truss. Those are the types of things that we need here. That's going to save the taxpayers money on the roads because they wont be traveled on. Now you don't even have to get on 951, now you don't even have to get on Davis Boulevard, you handle the service where it's needed. You've already got a rural village out there, you're just not calling it that. The approved PUDs constitute that type of use. I talked to the county manager over two years ago, I talked to the development services director, they all think it's a good idea. And the only reason why we're not going to do it if we don't do it is because the roads at level of service F road. Well, guess what? There's already a mechanism in place for that, okay? Several of them. Nobody's going to be able to build out there until that road's concurrent. But there are allowable uses there. And if you think property owners are going to wait 1 I years before they go out there to decide what they're going to do if it's allowable, you know, I just think we need to plan to have the services where they're needed. And we are right beside a concrete batch plant. Now, furthermore, if you're in a rural village, the allowable uses include facilities for collection and transfer and processing and reduction of solid waste, asphalt and concrete batch plants and other services that obviously are going to be essential, they're obviously consistent out there. So the thought that this is inconsistent can't be true. Either that, or the whole idea of rural village out there is inconsistent with the plan. But we already know this is consistent. What we're really debating is concurrency, and it doesn't belong here, okay? You just can't plan to fail, and that's what's going to end up happening here. And it's not good for Collier County. Now, with that I'll reserve rebuttal and I'll turn it over to my experts whose I hope will -- CHAIRMAN STRAIN: Tim, before you walk away, there might be some questions of you, if you don't mind. Anybody on this panel have any questions? COMMISSIONER SCHIFFER: Just a small one. You may have said it and I missed it, but the parcel you also own, is that also to the east? MR. FERGUSON: It's to the east. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, are you talking just TDR credits for you? MR. FERGUSON: I'm sure we're going to have to deal with TDR credits one way or the other. I mean, that's the whole -- you know, the county intends to see that system work. However, in the past if you look at -- traditionally over the years if you look at the number of TDR programs that have worked, very few of them do. But we intend to participate with Collier County in trying to see that the TDR program works. 161 18 � March 29, 2007 CHAIRMAN STRAIN: Mr. Weeks? MR. WEEKS: What's being requested is a redesignation of the property from the rural fringe mixed use district to the rural industrial district. As such, there is no requirement -- it in fact -- that district is not part of the -- the requested district is not part of the TDR program. So if they should choose to participate, that would be just that, their choice. It's not that the plan is not structured for industrial properties to participate in the TDR program. Similar to the previous petition you just discussed, it's really an issue off to the side. And if they either choose or the BCC imposes upon them some TDR participation, that really is a separate issue, it's not part of the requested -- COMMISSIONER MIDNEY: But he's offered, so I guess that will be binding, right? MR. WEEKS: If ultimately the county commissioners approve such, yes. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Go ahead, Mr. Nino. MR. NINO: Yes, my name is Ron Nino for the record. I'm with the firm of Vanasse and Daylor. Now, I can't help but -- given all the years I've been doing this, I can't help but preach. And I know you're probably not going to like it. But I'm old enough that I feel that I'm entitled to tick you off, if that's the case. But we've gotten -- we've really prostituted the planning process here in Collier County by in effect adding concurrency as an evaluation justification for denying comprehensive plan amendments. And I don't blame you fellows, you commissioners. I think quite frankly that professional staff has been negligent in pointing out to you the distinctions and differences between planning and zoning and the SDP process. The comprehensive planning process, particularly the development of the future land use map, is a policy visionary plan that says if we have our druthers, this is the way we would like to use land in Collier County. It doesn't matter -- I mean, the fact that you have determined land to be appropriately used for commercial purposes on a long -range future land use map doesn't necessarily and automatically guarantee that within any particular time frame the decision - makers of this county have to rezone that property. That is a fallacy that has been in part created by some of the members of the legal fraternity in this county, but it isn't true. You don't have to rezone immediately. At some point in time -- you have to have good reason, and concurrency is not a reason for denying a rezoning that is consistent with your future land use map. Because that is in effect creating a moratorium without a way of addressing the moratorium. A community in Florida -- CHAIRMAN STRAIN: Mr. Nino, I'm sorry, sir, but we need to stick to the facts of this GMP amendment. I understand you have strong feelings about issues that may not have been done right or done in your opinion, but if it is relevant to this GMP amendment, let's -- we need to stick to those issues, please. MR. NINO: Thank you. I felt like I needed to explain the difference between planning and zoning. So let me address the issues that staff has raised. On Page 9, the staff report says rural fringe receiving areas permit research and technology parks as a component of a rural village. Basically what staff is saying is that the only way you can get industrial development into the receiving area is through a research and technology park that is part in the component of a rural village. If this is the only avenue available to property owners, then it denies the existence of many properties that do not qualify for development because they don't meet the minimum threshold, acreage threshold for rural villages, which is 300 acres. We have an owner of land here with 42 and a half acres, they're not entitled to do a rural village; ergo, they're not entitled to apply for industrial zoning or a research and development park. The suggestion that industrial development can only take place in the ag. rural mixed use district through a rural village Page 41 March 29, 2007 technology and research park fails to appreciate that the types of industrial development producing the most jobs in Collier County do not fit the desired use emphasis for R &T park development. There's also no evidence that a proposed developer of a rural village will want an industrial component to their plan that will focus on the types of industry most needed; i.e., building contractors, auto body shops, the landscapers, the types of uses that you generally see in the Radio Road/Mercantile corridor, industrial railhead. Let's face it, folks, there are very few -- fewer research and development park opportunities in Collier County. The major jobs created by growth are those residents that require a gardener, require their car to be repaired, all of those -- and those aren't by far the majorjobs. In this regard, if industrial development in the area east of 951 can only be achieved by research and industrial park zoning, it will not provide for many industrial type uses that should be located east of 951. In particular, industrial uses like contractors, various specialties, automobile body repair shops, landscaping contractors and the like would not be accommodated in R &T parks where the use emphasis is architecturally significant buildings with an abundance of green space if these are the majority of jobs created by growth in Collier County. Page 9. Staff has identified an evaluation criteria that quite frankly in all of my years of experience and training I have never heard before, and that is the use of the word spot designation. By this token, many of the commercial subdistricts approved in the last 10 years would in my opinion constitute a spot designation. I mean, all of those comer commercial subdistricts along Airport Road, five, six, 10 acres, are spot designations. Why were they approved if spot designation by itself has a negative connotation? This evaluation standard is without any planning foundation when one considers the fact that the subject land is contiguous to currently designated industrial property, for all practical purposes. There's a 15 -acre split Jim mentioned that however is currently owned by the same owners, and we know darn well that if this application is approved, that that intervening parcel will likewise be the subject of an application which at that point in time will automatically, for all practical purposes, would be approved because it's now between two industrial designations. We fail to appreciate how staff jumped to the conclusion of expanding -- for all practical purposes an existing industrial node jeopardizes the integrity of the rural fringe mixed use district. When one considers the fact, as Tim mentioned, that industrial development is expressly allowed in the mixed use district, except you're saying it has to be in a rural village and it has to be by a research and technology park. But you acknowledge that industrial development east of 951 is appropriate. And that is stated in another area. I would also remind you that the market study that we prepared advises that there's upwards of 400 acres of land that could be used for industrial purposes east of 951, based on the job growth estimates. Staff has to challenge that. That's an acknowledged fact, I would assume. However, what staff is basically saying is we think there's a better location. I'm going to get off my notes. There's a better location. And I ask -- CHAIRMAN STRAIN: Mr. Nino, you've got to use the microphone. MR. NINO: Take a look at that map east of 951. Do you think that that industrial park of 400 acres is going to be a component of a new town that may be associated with 6L Farms. You know, that Honor s been around for a long time. 6L Farms will one day be a new town and it will provide all the required land uses. Well, I suggest, first of all, it's a long ways off, and in the meantime we need some locations for jobs today. Therefore, when you look at that area east of 951 and how you conclude that there's any other better area than the north side of the Tamiami Trail between Basik Drive and Greenway Road, there isn't Page 42 161 1 9B March 29, 2007 any better location. You're not going to stick body shops and contractors specialty development, the kind of stuff that is in Mercantile Road and Progress and Industrial Avenue and up in railhead, you're not going to stick that next to a new town that is mainly associated with the 6L Farms. Let's get real. So for -- I'm telling you -- I'm advising you that as a professional planner with academic standing that is as good or better than any people on your staff, and I've been doing this for 50 some years, that that -- what we're proposing to you is good long -range planning. This area ought to be set aside for industrial development, the type of industrial development to be determined at the appropriate time, namely, the zoning stage, and that level of service standards are inappropriate for consideration in determining the appropriateness of lands in the future. Thank you. That's my -- CHAIRMAN STRAIN: Thank you, sir. Before we go into questions of Mr. Nino, we're going to take a 15- minute break, be back here at five minutes till 12:00, because we most likely will not be taking a lunch break today, and I'd like to give the court reporter enough break so we can finish up swiftly today. Thank you. Back at five till twelve. (Recess.) CHAIRMAN STRAIN: Thank you, Kady. We're back on the air. Everyone please have their seats. We left off with, I believe it was, Mr. Nino finishing up his presentation. I was going to entertain any questions from the commission that they may have of the applicant at this time. Don't everybody jump up at once. COMMISSIONER MURRAY: Well, okay. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: It's not so much a question as just a declaration. I know Mr. Nino, I respect the fact that he's passionate. But he indicated something about the R &D. But I just wanted to mention that use of required 35 contiguous acres for things of that nature that the economic development council is espousing, I believe it's down to 19 acres now. So that's not precluded from that area. There's plenty of space, if you wanted to go in that direction. I just wanted to respond to that. CHAIRMAN STRAIN: Are there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay. We need the staff presentation -- or Reed, do you have a presentation? I'm sorry, I didn't know that you did. MR. JARVI: Yes, sir. Being an engineer, I always like to get up here and talk as much as possible, unlike some others. But I will talk just a bit about what we've said today. First off, as Tim Ferguson said in his presentation, this is primarily oriented -- or this project is primarily oriented towards the service type people with warehousing. And they are in the area and they are driving a considerable distance to go or to get to their place of employment or their place of employment to come out to service the homes at Reflection Lakes or the other houses -- excuse me, the housing developments in the area. Having that service type of use in the near vicinity or proximity to the houses would be actually a betterment to the transportation network. You can't quantify it as such, but it is -- you know, logically it makes sense that rather than going from the Airport Road Industrial Park that Mr. Nino is talking about, I actually found what looked like the White Lake Industrial Park was probably the closest one, which is about 11 miles away. But instead of going up and down 41 and 951, you could have the people that work on those service type industries be in the general proximity of quite a few homes, Fiddler's Creek, Marco Shores, Reflection Lakes and out 41. So there's -- that has I think some validity from a thought process that that would 50M March 29, 2007 actually be a positive for the area. The other thing to mention is that I find it interesting that on the previous amendment we talked about that we should not consider the consortium as part of a for real that we could use that we could say yes, we'll be part of the consortium, which would help the expansion of U.S. 41 to make it a non - failing road. Yet later in the same presentation when the question was asked, well how are we going to fix 41, it was well, we're depending on the consortium. I mean, it seems to me either we use the consortium or we don't use the consortium. But we can't, you know, one side say it's viable and the next side say that's what we're depending on. So I think it's important -- I personally think the consortium is moving forward, it has been moving forward since its inception, and that it is a viable way to address expansions of roads that aren't on anybody's program. We can't use proportionate share. The legislature brought it in, but we can't use it because it's not on a program. If we can't get the comprehensive plan changed, we can't get to the point where we can help the situation. Because we can't get proportionate share until it's on the program. You can't really use proportionate share really until at site development plan. That's what it's designed for. So with that said, I believe this project would be the same from a mitigation standpoint as the previous one. I know you voted that one down, but I say that this project would be a willing participant in the consortium and would be a participant, if it would go that far. Thank you. CHAIRMAN STRAIN: Questions of Mr. Jarvi? (No response.) CHAIRMAN STRAIN: Reed, consortium. What year are they putting the money up, the 150 million? MR. JARVI: The intention is the PD &E study is supposed to end this summer sometime, I think it's late summer now, and they're looking at next section -- next would be plans and permits, which is probably a year plus. And then the money would be going to building the road probably three years from now would be the construction time frame, best case. You know, there's permitting issues that we don't anticipate much because they already have the right -of -way on 41 in general. But if it becomes more of a permitting design issue, that would push the actual construction back. CHAIRMAN STRAIN: So you've got commitments from the consortium to put up $150 million in three years; is that correct? MR. JARVI: No, sir. I said their proposal -- CHAIRMAN STRAIN: You don't have commitments, though, you've got a proposal. Do you have a DCA with the county for that kind of a backup? MR. JARVI: We have had three drafts sent to the county. Transportation staff is still part of negotiations at this point in time. CHAIRMAN STRAIN: Okay. Thank you, sir. Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: I've got a few. I'm not sure they're traffic related. Actually, mine are going to be of staff, so how about staff presentation? MR. GREENWOOD: For the record, Tom Greenwood, Comprehensive Planning. I haven't been in the field quite as long as Ron Nino. I would like to basically -- without talking and reading a report for you, because I'm sure you've read it already, I think there's two basic -- two or three basic issues. One, East Tamiami Trail, and it's been talked to death in the previous hearing. This site is six miles, more or less, from the intersection of Collier Boulevard and East Tamiami Trail. NUM 161 March 29, 2P When you drive out that way, you're driving over basically a rural cross - section road. And as you've seen in the staff report and transportation's comments, the -- this project would not be consistent with 5.1. The other point, and it's a major point, is that any additional traffic or intensity of land use, whether it be on this 42 acres or adjoining or nearby 42 -- or other acreage in the rural land receiving area will generate additional traffic. The future land use map and FLUE designation of rural land mixed use district, receiving has some very specific standards in it. And you have most of those standards in your packet. The applicant would have the future land use map changed to rural industrial. And their application suggests that there could be and very likely would be about one half million square feet of manufacturing and warehousing and about 11 acres under roof in apparently a typical urban type industrial usage of land. Obviously significant trucks would be generated and other vehicular traffic from such use. The intent of the rural land, rural fringe mixed use district, is to act as a transition, if you will, from the more urbanized area west of County Road 951 in the very rural east, the North Belle Meade, Belle Meade, Nature Conservancy area, the state and federal lands further East on Tamiami Trail. One of the uses -- and it's been discussed -- that's permitted in a rural village is the research and technology park. And there are some very specific standards for that. That park is intended again to be part of a rural village. But it's also more particularly intended to have specific design standards, relatively low intensity types of nonresidential uses, and a lot of screening. And generally to fit within the context of an approved rural village. The area and -- the site in question does have municipal type water and sewer. And again, a significant problem right now is the street or the roadway. And there appears to be no definitive time, at least within the next five years, that that can be corrected. The other point, and I think it's a significant point in the staff report, is that when a body such as this makes a recommendation and the Board of County Commissioners approves and DCA approves a modification to the future land use map to a more intense use such as industrial, although that obviously doesn't effectively change the zoning, it certainly makes a public indication, a public record that that is the intent of the usage of the land. And once a change in the future land use map is made without any particular basic background for approving that, it will be somewhat more difficult, in my opinion, to deny a future similar request in the same general area. This site is part of a very large receiving lands area, and the receiving lands and rural mixed -- rural fringe mixed use district is in its relative infancy, as is, for example, the rural land stewardship area. And I think the intent again of the public policy, as evidenced in the future land use map and the FLUE is to provide for transitional types of uses for lower density, as appropriate from a time standpoint. There are some findings and, you know, the basic recommendation from staff is that the planning commission forward this petition to the Board of County Commissioners with a recommendation not to transmit to the Department of Community Affairs. This has been reviewed legally by our county attorney. There are no environmental -- the environmental council has not reviewed this application, nor do they normally. There was a neighborhood information meeting January 16th at St. Finbarfs Mission, and I was present, as well as another county staffer and two or three representatives of the applicant. There also were two -- one property owner who indicated he owned property in the area. And I think he was there primarily, as he said, for information. The other person was a member of the church and for a different reason entirely. The surrounding land uses have been indicated. Much of the land surrounding this is vacant, is March 29, 2007 undeveloped. There is a developed area, it's approximately 350 feet further east, and it's been talked about, where Cemex is there and a residential vehicle park is there, and I believe an auto parts business is there. With that, again, I point out that this is a major departure from the plan, and that the recommendation from transportation is clearly not to approve this or transmit it. That's all my comments at this time. CHAIRMAN STRAIN: Tom, before we go into general questions, I've got a procedural issue. I wish the county attorney was here, but maybe you could answer it or a member of staff. You said this did not go before the EAC. MR. GREENWOOD: It did not. CHAIRMAN STRAIN: And it's 42 acres. You've got 10.2 acres of wetlands, you've got an active eagle's nest. Why did it not go before the EAC? MR. GREENWOOD: It was an internal decision made by my supervisor. CHAIRMAN STRAIN: I'd like to know why. MR. WEEKS: Historically Growth Management Plans have not gone before the Environmental Advisory Council. I'm really not sure what the reason has been for that. I know the next layer of development orders would be the rezonings, which are taken before the Environmental Advisory Council. As you are aware, we did take three of the '05 cycle of Growth Management Plan amendments before the EAC, and the staff rationale for that was that those all three involved sending lands designated properties. So the short answer is we have a historical record of not taking plan amendments, I guess because of their general nature, perhaps. CHAIRMAN STRAIN: It just seems surprising with the eagle's nest and the fact that there was over 10 acres of wetlands on this site and the site's size. I know in the LDC we have minimum stipulations for rezones that have to go before the EAC, and this would exceed any of those. I know it's not a rezone, it's a GMP. I thought it was kind of odd when I read that and found the conditions on the site as indicated in the backup provided by staff. But anyway I want to just make a note of that. Are there any questions of staff? Mr. Schiffer, then Mr. Midney. COMMISSIONER SCHIFFER: I do have a concern with your designated this as spot zoning. How would you defend that? Because there really is some pretty heavy industrial uses very close to this. If not adjoining this, if they bring the other site in. MR. GREENWOOD: There is an existing, and I don't know how long that development's been there, an area that's zoned industrial. And on the future land use map industrial about 350 feet to the east, and that's part of the record. The -- more importantly, the departure from the intent of the existing FLUM and the FLUE for the receiving lands is the biggest issue, and once departure or departures in the future occur, the integrity of that land use designation becomes somewhat less perceived as something that's more permanent. MR. COHEN: For the record, Randy Cohen, Comprehensive Planning Director. I don't know if necessarily the words spot designation may have been the best. I think the intent behind the comment was that the rural fringe mixed use district was established with a specific purpose in mind. And you have all that information before you in your packet. One of the things that's intended within the rural fringe mixed use district, receiving lands in a lot of respects is to have a self - contained rural village. And I'll give you an example of one that we had in the review process, not for this particular property, but it's actually been withdrawn. But the intent behind that one was to have a self - contained community within a commercial component. The idea there was to have a residential community with a commercial component that would actually effectuate some self - contained movements so you wouldn't actually bring out those trips under the 161 19► March 29, 2007 major roadways. If we start taking apart portions of the rural fringe mixed use district, receiving lands and taking portions away, a spot here, a spot there -- and that's where the word spot comes on in -- I think you take away from the integrity of the program of what was intended when that particular receiving area was established. And that's where the word spot came in. I just wanted to kind of clarify that. The other thing is, is that in the receiving areas, that with the level of scrutiny, one of the things that's also required is a heightened level of scrutiny. And when I say that, you have a fiscal impact analysis model that's done with any application that comes in for a rural village that actually demonstrates that what's being developed on that site is fiscally neutral or positive. But not only that, you look at the level of what's transpiring within the village and one of the things you do look at is intermodal splits and transportation. It gets very involved. So it's a heightened level of scrutiny. Maybe the word spot designation wasn't the appropriate way of going about doing it, but the intent was to maintain the level of what was intended behind the rural fringe mixed use district, receiving area. COMMISSIONER SCHIFFER: But Randy, then what was to happen to these sites? Are these guys orphaned? I mean, these small developers. I mean, obviously what they've done in the rural fringe is to get a large developer to do a large project. Does that orphan all these small sites, these small builders, these small developers? What are they supposed to do? MR. COHEN: You know, we have a lot of small parcels. And I use the example of property off of Immokalee Road, just south of Twin Eagles. You saw an aggregation of parcels that occurred with the intent of developing a cohesive rural village. I think you'll see that happen not only there but you're seeing that happen in the rural land stewardship area as well, too. So we talk maybe orphan parcels, I don't believe that's necessarily the case. You see a lot of times the aggregation of parcels with respect to larger developments. It happens all over the place. COMMISSIONER SCHIFFER: So the intent of these parcels along here is to ultimately join together, become a large parcel and become something that can be developed? I mean, because that doesn't seem fair to the smaller people in the community. MR. WEEKS: I wouldn't say that's the intent. I think Randy's point simply is it's allowed to occur, and it frequently does occur, that properties are aggregated, one person buys out another or they go into a partnership or something like that. But the uses that are allowed for these properties, they are what they are. It was discussed at the last -- on the last petition. Properties such as this is allowed in addition to residential uses. And by the way, this property is large enough to participate in the TDR program, so it could have its density increase to as much as one unit per acre, that would be the maximum. But there's that variety of conditional uses that are allowed on the property, as well as a few agricultural type uses that their property is eligible for. So in this particular case, but also in general some of these smaller properties, the staff position is that these properties do have what we believe are viable uses that are available to them under their existing designation without aggregating. COMMISSIONER SCHIFFER: I mean, nobody would want to live near that cement plant. I mean, this is not a place for residential. Whether they could make money farming it, I don't know, but it hasn't been farmed. There are sites around it being farmed. MR. WEEKS: Right. If not residential, then we look at all the other types of uses, mostly conditional uses that are available to the property. From staff perspective, and I think you've heard this before, over the years with comprehensive plan Page 47 16 March 29, 2007 amendments, from our perspective, if an applicant is asserting that a property is no longer suitable for residential, then we don't think you should automatically jump to commercial. And frequently it's not just a jump to commercial, but it's a jump to retail, a higher level of commercial, and in this case it's to industrial. We think you should first consider the conditional uses or institutional type uses, quasi - residential, quasi - commercial uses and looking at a latter of use intensity. In this case we're jumping all the way to an industrial. COMMISSIONER SCHIFFER: The other thing too is this is very long - sided. Are we able to limit what we approve? In other words, let's say for example the half of this along 41 might make good sense industrial, maybe the back half might make good sense multi - family. Are we able to do that, or do you have to stick exactly with the application? MR. WEEKS: That's perhaps a question for the attorney's office. I believe you would have the discretion to only approve what's requested for a portion of the property. What I think would be problematic is if you tried to approve for the balance of the property something that has not been requested. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, Tom, I'm a little bit influenced by the argument about the lack of industrial zoning in the county, and the fact that we're going to have to have more industrial zoning east of 951 because west of 951 there doesn't seem to be too much land available for industrial. Where else besides Immokalee is there available industrial land in this area? MR. GREENWOOD: Most of the industrial land that's available is scattered in the urban area. Small parcels. Most -- you're correct, most of the industrial development probably in the future will occur west of 9 -- or rather east of 951. The area along Tamiami they were talking about has never to my knowledge been proposed for heavy industrial types of use, which is what is being proposed here with this plan amendment. COMMISSIONER MIDNEY: Well, I don't know about heavy industrial, but industrial. MR. GREENWOOD: Yeah, manufacturing and warehousing. Truck- related activities. COMMISSIONER MIDNEY: It's occurring to me that we're trying to get people to think of Immokalee as the industrial hub of Collier County, but I -- which is good. But I don't think that should exclude everywhere else in the county from industrial. I think good planning, as the petitioner stated, should imply that you have some industrial spread in other areas and not just, you know, put it all out in Immokalee. And it does seem that there is going to be an insufficiency of industrial in the area east of 951. The other question that I had was the petitioner said that 5.1 doesn't really disqualify this because concurrency is not an issue. They may not develop this as industrial for perhaps 15 years when there is adequate roads in there. Why do we talk about the traffic as being a limiting factor when we haven't reached that point yet? MR. GREENWOOD: Well, you have existing traffic and then you have traffic that would be generated by projects that are already vested. Worst case scenario is you have to assume that those vested projects will go on -line at some point in the future. COMMISSIONER MIDNEY: That's reasonable. MR. GREENWOOD: You'd have to add any traffic would be generated from this project. So it's basically a consistency with the comprehensive plan relative to meeting traffic. COMMISSIONER MIDNEY: But concurrency would dictate that they couldn't do anything with it anyway until there was roads. And they're not asking to do anything now, they're using this to say at some point in the future it could be 15 or 20 years when the roads are perfectly fine. 161 181 March 29, 2007 MR. COHEN: Mr. Midney, I think it's probably -- 5.1 doesn't deal with concurrency. I see -- I think Mr. Scott is still back there. Maybe he could distinguish for you what 5.1 does and how it differentiates between consistency and concurrency, because we're not talking about the same thing. MR. SCOTT: Don Scott, Transportation Planning. Obviously we've looked at -- just like during a rezone, you look at five years and you say within that five -year time frame is there going to be adequate capacity for what you are reviewing. And from what we have so far, it's not programmed in our five years, not programmed in FDOT's. Though we are working with a group out there, we can't guarantee that's done within the five years. Now, when you're referring to it's not actually failing at the moment, that's correct. But the way the concurrency system was set up, and that was by input of both boards, we look at what's out there for vested, what's the trip bank. Well, we know it's going to go forward no matter what happens. If we don't even touch the road, something else can be built out there that can be impacting the road. COMMISSIONER MIDNEY: Well, why do we limit it to five years for a comp. plan amendment? Because we're really trying to plan for the future. And this may be needed a lot longer time out than that. Why would you exclude something now, because this is the time when you're really kind of laying out what's going to be in different areas. MR. SCOTT: I don't disagree that in some respects we ought to take looking at further into the future too, but that's the way it's set up for us to review it. Now, I know there's been a lot of talk back and forth about should you allow the comp. plan to go through and then the rezoning and then the site plan in determining concurrency at that point, but any indication that we've got from, let's say even DCA, is that if you don't want to -- you cant get these projects done and you're having a problem with the projects, then don't rezone the property. That's what they've basically told us through this whole process. COMMISSIONER MIDNEY: But they're not asking for rezone yet. MR. SCOTT: I know, but that was -- you grouped them together, the comp. plan and the rezone. And from this -- I mean, this is the way we're looking at the projects is can I guarantee that I can do that within five years? No, I can't. CHAIRMAN STRAIN: Just out of curiosity, if they're not asking for a rezone, what are we doing here today? I mean, the point is they don't want a GMP change because they want a rezone. So if you give them a GMP, as Mr. Yovanovich has argued many times in front of us, you're obligated to give them the rezone. Now, I don't agree with Mr. Yovanovich, but that's what he said, and that's what certainly anybody else can say. So I don't think we ought to be looking at this as it isn't a rezone. Eventually that's the goal. The GMP amendment, you're right. But the eventuality, it's going to be used for something that's going to request a rezone. COMMISSIONER MIDNEY: They'll have to request it. It's not automatic that they'll get it. MR. SCOTT: I know, but what's hurt us in other areas is that they've said okay, you've given a rezone to a property 10 years ago, or whatever, and I'm entitled to move to the next process. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT - STIRLING: Thank you. The way this is supposed to work, and I'm going back to 1988 when I first came here to work on comp. plan, the original comp. plan, is that when you do your future land use map, the CIE was supposed to mesh with the future land use map and address infrastructure needs and have a programmatic schedule to supply them for what you had on your infrastructure map. Because otherwise the plan would not be internally consistent unless you did that. And then the other thing you were supposed to do is at that point in time you were supposed to look at what were the existing deficiencies and come up with a plan to deal with those existing deficiencies plus Page 49 16i 191 March 29, 2007 the future projection, based upon your future land use map. And then if you do it in that way it sort of, you know, all falls into place and works in tandem one piece with the other. That's theoretical textbook and, you know, what DCA was telling us at the time. I think in stating not to rezone, I think the secretary of the agency stated that. I don't believe when he stated it he was taking into account that, well, if you do that you should do a moratorium. And moratoria under the law can only be for certain purposes and certain durations, and you have to be working on fixing the problem. You just can't say we're not going to fix it, we're not going to rezone, because that wouldn't fly in the courts. And I'm sure that when the then secretary said that, he just said that and had not done a full legal analysis of what that might mean. CHAIRMAN STRAIN: Thank you, Marjorie. Mr. Midney, any other questions? MR. COHEN: If I may expand on the county attorney's point right there. I don't know if you recall, but as part of the EAR -based amendments, one of the objections that came from DCA was you need to demonstrate that you have adequate infrastructure to serve your land uses, or in this case a projected land use. And that's a very important thing in terms of our data and analysis and the roadways here in question. CHAIRMAN STRAIN: Thank you. Tom? Mr. Ferguson, we're still working with staff. Tom, this is a diagram I found in my packet. And it says it's by Vanasse and Daylor, Ferguson Law Group, LLC. Four. It shows the site built with two lakes in the front, a roadway less than 50 feet or about 50 feet wide by the scale shown here. Coming in with turning radiuses, going back to three extremely long buildings with another building across the top and parking inbetween these lengths of buildings. Is this an industrial manufacturing type use accessible to a lot of trucks and things like that, in your opinion? Did you evaluate this plan? MR. GREENWOOD: It's conceptual. And the application indicated about 250,000 square feet of manufacturing, 250,000 square feet of warehousing. No, I did not look at that. It almost looks like self - storage or something like that. CHAIRMAN STRAIN: Well, it does. It that's why I was asking. It was in the package. I'm assuming this was the plan that was submitted by the applicant. Is it a use that would be allowed if this particular zoning ever came, if the GMP allowed the zoning that's being requested? MR. GREENWOOD: It depends on the uses. I don't know what uses they anticipate, other than what they showed on their application, which are uses that are permitted in the -- CHAIRMAN STRAIN: Well, it was -- MR. GREENWOOD: -- rural industrial. CHAIRMAN STRAIN: It was given to the planning commission, which means it came from staff, which means it came probably from the applicant. And if it wasn't relevant, why was it given to us? So maybe someone looked at this. Yes, Mr. Weeks. MR. WEEKS: The industrial zoning district, amongst other uses, does allow storage, warehousing, it allows distribution, manufacturing, and allows some accessory commercial uses. And I'm glad you asked the question, Mr. Strain, because though that I believe was submitted by the petitioner for the purpose of showing one conceptual idea of how they might want to develop the property, if this property is designated as industrial, then it would be allowed all uses in that industrial designation. And then the next step is the zoning. If it is rezoned to industrial or to PUD with industrial uses, it would be allowed any of those uses granted at the time of zoning. Page 50 161 191 March 29, 2007 During the petitioner's presentation, it suggested certain types of uses, including storage, including storage of equipment for those in the lawn service business and so forth. And while those uses would be allowed, we need to look at what is being requested. And that's not a specific use or group of uses, it is the rural industrial designation, which means we have to consider the whole breadth of what is being requested and what would be allowed by what is being requested. At the zoning stage you would have -- you and the board would have the opportunity to limit the uses, if you deem so appropriate. CHAIRMAN STRAIN: Okay. Thank you. The other question, Tom, is I've heard numerous discussion by the applicant's people that the benefits of this particular facility to the workers in the area that they could go to here instead of going somewhere else, was there any data and analysis submitted to you that indicates this area had any more prevalent need for such workers in comparison to any other? Meaning if they had an industrial area on Airport Road and the workers drive from Golden Gate to Airport Road, is that any better than if they drive from Golden Gate down 951, down the East Trail down to this place? And I'm just wondering if any data analysis was supplied to you. MR. GREENWOOD: I don't recall any data analysis that would answer that question. CHAIRMAN STRAIN: Thank you. And I also notice that there's been a clearing violation reported to code enforcement. It's in the staff report. Since it's there, I was just curious, has anybody followed up on that to see if that was a relevant issue? MR. GREENWOOD: I have not. But I can. CHAIRMAN STRAIN: I have no other questions of Tom, unless anybody else does. I have one question of Mr. Scott. Everybody okay? (No response.) CHAIRMAN STRAIN: Don, in your traffic capacity, traffic circulation impacts, your conclusion was that the half million square feet of industrial uses is not consistent with policy 5.1, and that it would put additional trips on a failing link that is not scheduled or funded for improvements within the five -year planning period. Like the last applicant, I'd like to know, is this conclusion consistent with today's understanding of things and the time frame of it? MR. SCOTT: Yes. CHAIRMAN STRAIN: Any other questions of Mr. Scott? (No response.) CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Thank you, Don. Is there any public speakers, David? MR. WEEKS: No, sir. CHAIRMAN STRAIN: Okay. Does the applicant want some short period for rebuttal? MR. FERGUSON: This is common sense. We have industrial right beside us. It's common sense that the workers work out there. It's pretty much general knowledge that a lot of the workers live out there. You need the services out there. The trucks are going to be on the road anyway to service that area. To suggest that the trucks won't be on the road anyway out there servicing that area is absurd, because they're going to need to be serviced. So the trucks are going to be out there anyway. This is a trip capture concept. You take a bunch of miles off the road by doing this. You put the Page 51 16; 1 10 � March 29, 2007 services where services are needed. You put them right beside existing industrial. There's no question that you're going to need the services. None. We will never be able to do anything out there until the road's concurrent anyway. Long -range planning is to put a good use where it belongs. Now, Mr. Strain suggested that -- he showed you a map. That's impractical. About three months ago we had an eagle land on our property. Perfect timing, huh? Probably most of the back of that property is going to have to be kept for open space, for retention and to buffer that eagle. So most of the development on that property will have to be up front by 41 anyway. Okay? It's just from a practical standpoint, the way the land's laid out, that's the way it's going to have to be anyway. The area to the back of us is an old burrow pit that probably will never be used for anything other than mitigation for some other development. You don't have a better place for this. You've got 5,000 units right across the street in Mr. Strain's development. They're going to have to be serviced, the trucks are going to be on the road anyway, so why don't we make sure they go a little bit to some place and a little bit back instead of going a long way to someplace and a long way back. I'm a native of this county, and I've sick and tired, I've got to tell you, of having to drive everywhere distances in traffic to try to get to things. If I lived in Fiddler's Creek, if I lived anyplace around there, I'd like to be able to have services available to me. If I have to go get my car serviced, do I want to have to drive all the way down to Airport Road or to wherever it is now miles away to get my car had serviced, or do I want to go over and drop it off and get serviced and get it picked up? This is a commonsense project. It's where it needs to be. It can only be there when concurrency allows it to be there. And I think from a planning perspective it's incumbent upon this commission, this board, to do what's right for the taxpayers so you don't have to continue to build roads, you don't have to pay to maintain roads. If the trips are shorter, you save taxpayers money. This project makes too much sense. And I'd appreciate it if you would recommend it be submitted to the board for approval. CHAIRMAN STRAIN: Thank you. Any other questions from the commission? (No response.) CHAIRMAN STRAIN: Is there a recommendation -- oh, Mr. Greenwood, go ahead. MR. GREENWOOD: I just wanted to mention, and I think you all have received an e -mail from Tabitha and Stephen Stadler. They were not at the neighborhood improvement meeting, but their e-mail in part of March 21 st says, we chose this area because of its proximity -- and they're a resident there -- to Collier Seminole State Park, and the myriad of wildlife that we see on our land. These projects threaten those rather expensive choices that we made to live in an area with this atmosphere. They also mention in their e -mail, this area has been planned as a low density transition area and needs to be maintained. Allowing projects of this nature will, "open a can of worms," and lead to future sites of limited use, thus further reducing the property values for landowners and the intended uses of this area of the county. I assume you've seen this, and I wanted to put that as part of the record. CHAIRMAN STRAIN: Did everybody receive it? Okay, Mr. Ferguson? MR. FERGUSON: Rural villages allow three units an acre. Three units an acre is what you've got all the rest of the way through the county. Suggesting that this is somehow going to be -- it's receiving lands. It's where everybody made the decision to put these units. So to somehow suggest now that this is rural in nature, this is where to plan to put your density so you wouldn't have to put it everywhere else. That's a decision that's already been made. They're going to Page 52 161 181 March 29, 2007 have to be serviced. CHAIRMAN STRAIN: Thank you, sir. Okay, any other questions or comments? (No response.) CHAIRMAN STRAIN: Hearing none, I'll ask for a motion. Anybody willing to make a motion? Somebody's got to. COMMISSIONER SCHIFFER: I'll make one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I move that the planning commission forward CP- 2005 -11 to the Board of County Commissioners with a recommendation to transmit to the Department of Community Affairs. COMMISSIONER VIGLIOTTI: I'll second that. CHAIRMAN STRAIN: Motion made my Commissioner Schiffer, seconded by Commissioner Vigliotti. Is there discussion? (No response.) CHAIRMAN STRAIN: Okay, all those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Mr. Murray opposes. Motion carries 5 -1, and I abstained. Thank you. Does staff have a request for number 13? MR. COHEN: Yes, sir. Staff respectfully requests that Petition 05 -13 be continued to your April 19th regular meeting of the CCPC. CHAIRMAN STRAIN: Okay, there's been a request by staff to continue the Assembly of God to the 19th. Margie, do we have to provide a time certain? MS. STUDENT - STIRLING: If you wish. I guess it's up to staff. If you want to do it at the end or at the beginning. CHAIRMAN STRAIN: Well, what I'm thinking is we do not have our schedule or agenda for the 19th yet, so I don t know the intensity of it. And Ray Bellows usually keeps track of that. And I'd hate to see us lose that date by putting it on the end of a long agenda, so why don't we schedule it for the beginning at 8:30, if staff has no objection to that. MR. COHEN: And we will go ahead and we'll notify Mr. Bellows that it should be the first item on the agenda. CHAIRMAN STRAIN: Okay. So the request is to continue it, the Assembly of God, the 2005 -13 petition, continue this meeting until the 19th of April at 8:30 in the morning in the Board of County Commissioners chambers, which is our regular meeting room. Once we have this meeting over with, we'll close that meeting and then open the new one up for our regular meeting. Is there a motion to that effect? COMMISSIONER KOLFLAT: So moved. Page 53 March 29, , COMMISSIONER VIGLIOTTL• (Indicating.) CHAIRMAN STRAIN: Mr. Kolflat had his hand up. Mr. Vigliotti seconded it. All in favor? COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. And this meeting is continued until then. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:38 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 54 Fiala / L — 1 6 1 p Halas Henning__ Coyle _.._._ . Coletta AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 5, 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. 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 — JANUARY 18, 2007, REGULAR MEETING; FEBRUARY 1, 2007, REGULAR MEETING; FEBRUARY 1, 2007, SPECIAL MEETING; FEBRUARY 15, 2007, REGULAR MEETING 6. BCC REPORT- RECAPS —FEBRUARY 27. 2007. REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: BD- 2006 -AR- 10900, Hall -Mardt LLC and JARDMR Enterprises, LLC, 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.I 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, Collier County, Florida. CONTINUED FROM 3/15/07 AND RE- ADVERTISED TO 4/19/07 (Coordinator: Ashley Blair) 1 161 19, B. Petition: CU- 2006 -AR -9458, Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural (A) zoning district. The subject property, consisting of 14.79± acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. (Coordinator: Mike DeRuntz) C. Petition: SV- 2006 -AR- 10351, Unity of Naples Church, represented by Debra Williams, Sr. Minister of Unity of Naples Church, is requesting a sign variance for code enforcement violations of an off premise sign that is not located on the property. The subject property is located at 7100 Davis Boulevard, in Section 8, Township 50S, Range 26E, Collier County, Florida. (Coordinator: Melissa Zone) D. Petition: PUDZ - 2006 -AR -9150, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings 11, LLC, represented by Robert L. Duane, AICP, of Hole Moores, 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 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. (Coordinator: Melissa Zone) CONTINUED FROM 3/15/07 9. OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 4 -5 -07 CCPC Agenda/RB /sp 16! '' 1 January 18, 20g7 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida January 18, 2007 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 ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Development & Environmental Services Marjorie Student - Stirling, Assistant County Attorney Don Scott, Transportation Planning Page 1 161 pp January 18, 200 CHAIRMAN STRAIN: Good morning, everyone. If you'll please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Good morning and welcome to the January 18th meeting of the Collier County Planning Commission. Item #2 ROLL CALL BY CLERK We have a rather lengthy agenda today, and we'll start with the roll call by our secretary. COMMISSIONER CARON: Mr. Kolflat. COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer. 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. COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: And Mr. Tuff. COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Thank you. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. One of the items on our 10(A), presentation by Dan Summers concerning an evacuation study. The presentation will be postponed until the February meeting. But today during the chairman's report, Mr. Summers will distribute a product that we need to review for that presentation that will occur in February. That will be one change to the agenda. And Mr. Schiffer, your 9(A), old business, that's still to stay? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. Mr. Murray, did you have something you wanted to add? COMMISSIONER MURRAY: The agenda is too large for us to do that today. CHAIRMAN STRAIN: Okay. Item #4 PLANNING COMMISSION ABSENCES 6 J }� l January 1 2%7 Next item is planning commission absences. Now Ray, you know, we got these nice pieces of paper that told all the meetings of the planning commission, yet I recall last week an issue involving a January 25th meeting of the planning commission that was scheduled, but it wasn't even on that sheet. And that was the Copeland issue that we were going to hear in the evening. That issue now has been postponed till, I believe, February Ist. But had we not had that conversation that occurred last week in regards to its postponement, and it not being on this schedule, it would have been a problem. So I'd like to point it out just so maybe you could double check our dates and make sure everything is on there that needs to be on there. MR. BELLOWS: I'll definitely do that. And I recommended some additional changes for the next calendars, that they put the date last revised so we'll all know that we're working from the latest and greatest. We'll make sure that that is on there. I see the ones I worked on that have the specific petition numbers on there, that it is listed on that one, but it should be one the ones we're giving out to you guys. CHAIRMAN STRAIN: Since this is the one that we're scheduling ourselves to. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Luckily, since -- go ahead, Ms. Caron. COMMISSIONER CARON: Copeland is rescheduled to February? CHAIRMAN STRAIN: Yes, it's scheduled to February 1 st. And that was specifically due to a conflict with the use of this room. The Board of County Commissioners on the day that we were scheduled to hear Copeland will be working on the AUIR and more than likely it will run past the time we'd be allowed to start. So that's the reason for the change to February 1 st. Ray, according to the schedule then, I see nothing between now and February 1 st for us; is that correct? MR. BELLOWS: I'll double check here -- CHAIRMAN STRAIN: I know, that's why I'm asking. MR. BELLOWS: I'll be very careful this time. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Ray, when are the new calendars coming out? MR. BELLOWS: I will get them out to you right after this meeting. I'll have them e- mailed or mailed to you. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: If you can do it -- MR. BELLOWS: Yeah, after I check -- CHAIRMAN STRAIN: Yeah, but if you mail them, that will be 39 cents, compared to DHL. DHL, I keep getting these one pieces of paper by DHL. That seems like a very costly way -- MR. BELLOWS: It would be. I think those things -- we only do that if it's a land use item and we want to make sure you get it in time. But something like this, I can e -mail it. CHAIRMAN STRAIN: Our next meeting is February I st. MR. BELLOWS: Let's see. Today is the 18th, and I don't see any others until -- there's a BCC, the rest of the BCC, and that would be the 1 st. CHAIRMAN STRAIN: Okay. And you're speaking for all departments, right? MR. BELLOWS: They should be noting their meetings with us. CHAIRMAN STRAIN: After the last couple of mess -ups in schedules, I'm going to be very clear. Page 3 .January 18, 2007 MR. BELLOWS: I will have Heather and Sharon double check that. CHAIRMAN STRAIN: As far as February 1 st, is there anybody on this board today that knows they won't be here for that meeting? (No response.) Item #5 APPROVAL OF MINUTES — DECEMBER 7, 2007, REGULAR MEETING CHAIRMAN STRAIN: Good, we'll have a quorum for that. Approval of minutes from December 7th, 2006 regular meeting. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein to approve those minutes. Is there a second? COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Second by Commissioner Tuff. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Item #6 BCC REPORT RECAPS Ray we have a BCC report? Not available at this time, so there isn't any, I'm assuming? MR. BELLOWS: At the last board meeting they heard Petition RZ- 06- 10150. That's the rezone for the Scenic Woods. Board of County Commissioners approved that by a vote of 4 -1. CHAIRMAN STRAIN: Thank you. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: Chairman's report. I have two items. First one, Mr. Summers is here. I would certainly appreciate it if, Dan, you could distribute your document. MR. SUMMERS: Mr. Chairman, Commissioners, good morning. Thank you for the opportunity. im 161 1B January 18, 2007 Just, I'm not going to take your time today with a presentation related to the hurricane evacuation study. As you know, we did a limited, what we call an abbreviated hurricane evacuation restudy to sort of bridge the gap on some evacuation decision timing issues that I needed between the state's last study, which was done in 2000. And state and FEMA are going to do a new study starting in 2007 and eight. So I wanted something to bridge the gap. I'll make a presentation to you at the next meeting. I think the scope of work and what's out there is pretty well illustrated in that report. It was very helpful for us as sort of a bridge to gap between those two study efforts. There are some limitations in that, so we'll talk a little bit about that. But it was really an EOC, emergency operations center decision - making tool that I needed to maintain some concurrency in evacuation recommendations to the county board. So I'll brief you further at a later date. Thank you for the flexibility in the scheduling, and I'm glad to get those to you for an advanced read. CHAIRMAN STRAIN: Thank you, Dan. And just to be sure, Ray, in our next meeting, how booked up is the next meeting? I'm thinking of trying to give you an estimated time if that works for you. MR. BELLOWS: Only one item. CHAIRMAN STRAIN: Well, why don't we start the day off then with this and then second items can follow. That way his department can answer questions, do the presentation, be done with it and we'll go on with the rest of the day. MR. SUMMERS: Thank you for that, Mr. Chairman. CHAIRMAN STRAIN: Thank you, sir. Second item I wanted to discuss is you all today received a little packet when you came in, the same one that was e- mailed to all of us a couple of days ago. That's the mitigation fee ordinance that's being suggested for the linkage fee for affordable housing. It's quite an eye opener. I certainly encourage every member of the planning commission to read it. The values in here are interesting, to say the least. The study is attached on how those values were arrived at. (At which time, Commissioner Midney enters the boardroom.) CHAIRMAN STRAIN: I don't know if we're going to be reviewing this or not. And I would suggest to staff that if we're not going to review it, you might want to mention that to the Board of County Commissioners in case they would like us to review it. It would be something that would certainly have a planning effort involved in it, so -- Ray, is that something you could see happen? MR. BELLOWS: Could you repeat that, please? CHAIRMAN STRAIN: The linkage fee ordinance, I don't know if we're in the loop to review that. I'd like to find out from the Board of County Commissioners if we are or not. MR. BELLOWS: Okay. I'll double check. CHAIRMAN STRAIN: Maybe let us know at one of our future meetings. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Thank you. With that, that ends the chairman's report and we'll move right into advertised public hearings. The first petition is for -- ah, Mr. Midney. You know, we should have taken bets on the timing of Mr. Midney. We ought to do this from now on. Next time we'll do it. Thank you, Paul. COMMISSIONER MIDNEY: They stole my parking place. CHAIRMAN STRAIN: Oh, you had it, the one that says county man -- oh, yeah. Item #8A Page 5 161 1B� January 18, 2007 PETITION: PUDA- 2006 -AR -10030 Okay, the first petition that we're going to hear today is PUDA- 2006 -AR- 10030, the Sembler Family Partnership Number 42, Ltd., which is the Hammock Park Commerce Center PUD, on the comer of 951 and Rattlesnake Hammock. This was a continuation from December 21 st to today. All those wishing to address -- or speak today, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Disclosures on the part of the planning commission? I haven't had any meetings on this project from the 21 st to now, but I think I did -- Bruce, did you and I meet on this and talk about it? MR. ANDERSON: Before the 21 st hearing, yes. CHAIRMAN STRAIN: I thought so. There's been so many things going on I wasn't sure which one. So that will really help you in knowing I forgot everything you might have told me. COMMISSIONER MURRAY: Mr. Chairman, that's also true for myself, I had met with Bruce earlier, but haven't since. CHAIRMAN STRAIN: No other disclosures? (No response.) CHAIRMAN STRAIN: Bruce, it's all yours. MR. ANDERSON: Thank you, Mr. Chairman, Commissioners. With me today is Bob Mulhere and Emilio Robau of RWA, Inc., Reed Jarvi, a principal with Vanasse Daylor, and Joe Filippelli, the vice president of South Florida Development for the Sembler Company. Just to summarize what we went through before, this is a PUD amendment that was required by the Board of County Commissioners as part of the PUD extension and sunset procedures. They ordered the PUD amendment simply to bring the PUD up to current Land Development Code standards and references. You may recall at our last hearing that Ms. Amber Overby of the Sembler Company related to you the number of public outreach efforts that the Sembler Company had made with surrounding neighborhoods. This property is just over 20 acres. It's located in the commercial activity center boundaries at Rattlesnake Hammock and Collier Boulevard. The current zoning allows 200,000 square feet of commercial uses. This PUD amendment voluntarily reduces that allowed square footage by 20 percent, from 200,000 to 160,000. We are requesting one additional change to the PUD. I believe it may be reflected in the updated PUD document, and that is to allow more than the current 50,000 square feet to also be used for office uses, not just retail. And that's because of the proximity to the new HMA Hospital. A companion item that is not technically before you today is a draft developer contribution agreement. You have an old copy that was previously provided to you and prepared by the county attorney's office. I was in discussions with Mr. Casalanguida up until Monday of this week on the basic terms of that developer contribution agreement, and I will share with you the agreement on the main points. The rest of the DCA is the typical boilerplate that the county inserts. Basically the developer contribution agreement would provide for a phasing of the project's certificates of occupancy, with Phase 1 limited to 45,000 square feet of commercial uses that would be allowed upon approval of the PUD amendment with a square footage reduction. And Phase 2 would be the remaining 115,000 square feet, and no COs would be allowed for the Phase 2 portion of the project before 9=0 161 1 January 11, 407 January 1, 2009. The agreement that was reached in principle would require Sembler to convey right -of -way to the county prior to any certificate of occupancy for the first building in Phase 1. Also, during Phase 1 construction the north side two lanes of Rattlesnake Hammock would have a drainage culvert constructed free of charge by Sembler. There would be no road impact fee credits. Under this developer contribution agreement, which would probably also be mirrored in the PUD, Sembler is providing the county with an estimated $1,600,000 of right -of -way and drainage improvements. The other members of the project team are here to answer your questions, and I'm going to ask Mr. Mulhere to come up and give a presentation on the PUD master plan and answer any questions that you might have on changes between the existing PUD ordinance and the proposed one. CHAIRMAN STRAIN: Thank you. MR. MULHERE: Good morning. For the record, Bob Mulhere with RWA, representing the applicant on this petition. We did have, I think, a chance to go over the site plan previously. As you can see from the monitor, the preserve area is located to the north, sort of central in the project. The site plan depicts the future right -of -way improvements of Rattlesnake Hammock extension, and the FP &L easement that runs through the eastern portion of the project. I did have an opportunity to speak with Marjorie Student prior -- CHAIRMAN STRAIN: You're not picking up, Bob. MR. MULHERE: It's not on? Is that better? Bend over. I did have an opportunity to speak with Marjorie Student prior to this meeting, and she had some -- she was -- had some minor corrections that I will share with you. I've got those noted here, and I'll go over them. They're not very substantive. But perhaps I could entertain your questions first. CHAIRMAN STRAIN: I don't have any problem with that. Questions from the commission? Mr. Murray. COMMISSIONER MURRAY: Good morning, Bob. MR. MULHERE: Good morning. COMMISSIONER MURRAY: I'm looking at Page 14 of 18 of the document that's dated -- well, what is it dated? The one that's dated revision -- CCPC Revision 12/21. Is that the appropriate one that we're working on? MR. MULHERE: Is it the -- you're looking at the strike - through, underline? COMMISSIONER MURRAY: No, not through the -- not, not the strike - through. MR. MULHERE: 12/21, yes, I got it. And I'm sorry, what page? COMMISSIONER MURRAY: Page 14 of 18. And then correlate that if you would to the developer agreement. My question is simple. It's more probably just verification. Under K, it calls for conveyance of a marketable title free of liens, encumbrances, exceptions or qualifications. But in the recital on the -- CHAIRMAN STRAIN: Bob, since there was a newer version issued, and some of us haven't got that, could you just tell us the reference you're referring to in the document? Not the page, but like the section of the -- like 3.5 -- COMMISSIONER MURRAY: Okay. Let me apologize for that -- MR. MULHERE: 5.5.K. COMMISSIONER MURRAY: Transportation. MR. MULHERE: 5.5.K. Page 7 16i 1B\ January 18, 2007 CHAIRMAN STRAIN: Thank you. COMMISSIONER MURRAY: What I'm trying to do is perhaps not a big thing, but -- and also in the developer agreement, which is -- looks brand new to us, we didn't have it the last time, under Page 3, item two, developer shall convey the subject parcel to the county in fee simple, free and clear of all liens, encumbrances except oil, gas and mineral reservations. And I don't know whether that's more a legal question than it is. But I'm thinking that K and that are not exactly a match. And I don't know what the implications are of that. MR. MULHERE: I think that you are correct that K should contain the same language as is set forth in the developer -- COMMISSIONER MURRAY: DCA. MR. MULHERE: Yeah, the DCA. And as you may be aware, the subsurface mineral rights are not -- they're not subject to that, so -- COMMISSIONER MURRAY: Okay, I just wanted to be clear that they are -- MR. MULHERE: So I'm making a note to make sure that -- use of that phrase is added to K. COMMISSIONER MURRAY: And that would be my question in that regard. I think the rest of it is, I think, pretty clear. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Good morning, Bob. MR. MULHERE: Good morning. COMMISSIONER VIGLIOTTI: I have a question about the office component. We're adding 50,000 square feet? MR. MULHERE: No, we had originally had a condition that restricted the amount of office to 50,000 square feet. And I'm glad you raised that issue. So if we turn to page -- well, there's a table. Page -- or Section 3.2.C, there is a footnote that should not be there, it should be struck through. If you agree that we shouldn't have the restriction on office, and our thought on that is that given the proximity to the hospital, it made sense not to have the restriction on office square footage. So the footnote reads up to 50,000 square feet of office may be converted from the total 160,000 square feet. We would strike through that footnote and you could have retail or office. COMMISSIONER VIGLIOTTI: So the 50 is included in the 160. MR. MULHERE: That's correct. COMMISSIONER VIGLIOTTI: Okay, thank you. CHAIRMAN STRAIN: Any other questions? Mr. Schiffer. COMMISSIONER SCHIFFER: So you could have a total of 210 square feet? MR. MULHERE: No, 160,000. CHAIRMAN STRAIN: Other questions? (No response.) CHAIRMAN STRAIN: Okay, Bob, I have a few. MR. MULHERE: Okay. CHAIRMAN STRAIN: I didn't want to disappoint you. MR. MULHERE: No. You know, it's a new year. CHAIRMAN STRAIN: And I was writing something for stipulations when the comment may have just been made. Your reference in the PUD on Section 3.2.C, which is Page 12 of the strike -out version. MR. MULHERE: Yes. CHAIRMAN STRAIN: To conversion of office square feet, it's converted on a one -to -one ratio? MR. MULHERE: Yes. Which would -- you know, obviously the more office, the better from a am 161 ki January q007 traffic perspective. CHAIRMAN STRAIN: Right. I just wanted to make sure. MR. MULHERE: Yes. CHAIRMAN STRAIN: We've had other projects come in here that are looking for different conversions. On Page 20 of the strike - through, and it would be Section 5.5, transportation, item L, and it talks about the developers contribution of the fair share towards the bridge necessary. I just want to make sure that that contribution is enough to complete the bridge for the needs that you're going to use to service that project. Meaning if your fair share contribution doesn't provide a completed bridge for you to use your project, don't turn to the county to ask for the completion of that for your project. MR. MULHERE: No, I think what typically happens, Mr. Strain, and I could be corrected, if there's anybody here from transportation if I'm incorrect -- CHAIRMAN STRAIN: Well, I thought I saw Don Scott wander in. I was disappointed that Nick's not here, since he's communicated with you mostly on this. And I was hoping that maybe someone could call someone from transportation and ask them to have representation here. Ray? MR. MULHERE: What I was going to say was if we need the bridge, that is where the first project through we need the bridge, we build it. I'll defer to Don as to how the fair share after that situation, somebody else comes in later accessing the bridge, they have to pay a fair share, how that works. CHAIRMAN STRAIN: Okay, thank you. MR. SCOTT: Don Scott, transportation planner. And I wasn't sworn in. (Speaker was duly sworn.) CHAIRMAN STRAIN: You want the question? MR. SCOTT: Yes, please. CHAIRMAN STRAIN: Okay, in the PUD they have the following language: Developer shall pay fair share towards the cost of all the necessary bridge improvements required as a part of improvements east of CR -951 over the Henderson Creek canal onto Rattlesnake Hammock Road extension. My concern with that is what if the fair share contribution isn't enough to pay for the portion of the bridge that they need to access their project? Will the taxpayers be expecting to pick up the rest of the tab? MR. SCOTT: Well, you know, we've dealt with this in some areas where someone's coming in and we're trying to get something done. And one of the issues that we've been dealing with is they pay for the whole thing and then they get paid back when other people come in later on. That's kind of what we've been hitting on in some other areas. Because obviously they don't all come in at the same time. CHAIRMAN STRAIN: What I'm trying to get at is the language -- I just want to make sure that we're not putting the taxpayers in a position where they're going to have to belly up to the table and pay for something for this private development's benefit at a stage that isn't scheduled on our road transportation system. So I'm not too concerned about how it gets changed, but I think the language change if it's needed needs to be made clear. Do you feel it's clear enough the way it's written? MR. SCOTT: Yeah, because we've dealt with it anywhere from 10 percent to 100 percent, depending on who's coming in at a certain time and how we can handle it to get something done. Because if it's not something that's for us, it's still going to be -- it's going to still be their responsibility. CHAIRMAN STRAIN: Okay, thank you. That was that issue. Mr. Mulhere, on the next page, it's 5.9, item G, talks about the developer conducting additional groundwater testing. I don't know of any Land Development Code requirement for that. Are you aware of one? 16 1 �� January 18, 2007 MR. MULHERE: I am not aware of one that came up as a result of the Environmental Advisory Council hearing. We -- I might defer to Emilio, if you have further questions. But to my knowledge there is no evidence through these studies that have been done to date. It had to do with the shooting range, which isn't on this property. CHAIRMAN STRAIN: Right. I don't understand why non - experts have the ability to institute this kind of an imposition when it may not be warranted. Did you do due diligence on the property? MR. MULHERE: Yes. CHAIRMAN STRAIN: Did you do a Phase 1 audit of the property? MR. MULHERE: Yes. CHAIRMAN STRAIN: Did the Phase 1 audit indicate any concerns of this nature? MR. MULHERE: I don't think it did, but -- MR. ROBAU: Just talking to the client, this is part of a larger piece that they own, and an EIS Phase 1 audit was done on the larger piece. And on this piece it was then revised pursuant to the EAC recommendations. And specific for this piece, no, they didn't find anything. CHAIRMAN STRAIN: Do you have any objections to that being struck? MR. MULHERE: No, sir. CHAIRMAN STRAIN: Anybody else have any? (No response.) CHAIRMAN STRAIN: Okay. Back on the next page, which would be the following page, item H. MR. MULHERE: Yes. CHAIRMAN STRAIN: In designing the site, the developer shall where feasible minimize the overall amount of paved impervious surfaces. This where feasible, you could tell me one foot is feasible for you or a million square foot is feasible for you and there's no way to arbitrate that. Again, it's one of those ambiguous statements that does nothing but get us in trouble. Is there -- I mean, I just don't see the value of it. Is there any reason why anybody knows it should be there? (No response.) CHAIRMAN STRAIN: I would recommend we strike H as well. On the site plan, Bob, which is attached to the back of the strike - through version. MR. MULHERE: Yes. CHAIRMAN STRAIN: You have two bridges. I know we discussed one bridge as a fair share component. I didn't see any discussion of the northern bridge. Do you feel -- I mean, you don't think you're coming back to the county for any contribution there, I hope. MR. MULHERE: No, sir. CHAIRMAN STRAIN: Okay. Trying to see if I have anymore -- oh, you are handling the developers agreement? MR. MULHERE: No, sir. CHAIRMAN STRAIN: Okay. Any other questions of Mr. Mulhere? record? (No response.) CHAIRMAN STRAIN: Hearing none -- MR. MULHERE: I do have those -- you want me to go over those minor corrections for the CHAIRMAN STRAIN: Yes. MR. MULHERE: We could dispose of that. Page 10 161► January 11, L7 One comment was that there's a few locations in the PUD where the term current planning manager is used. We will correct that to the current title for Susan Murray - Istenes. And there was a -- on -- within section -- CHAIRMAN STRAIN: Wait, wait. Before you -- you're going to correct it from the planning manager to the proper title? MR. MULHERE: Correct. CHAIRMAN STRAIN: In the past we've always used county manager or his designee -- MR. MULHERE: That would be fine. CHAIRMAN STRAIN: -- why would you want to change that -- MR. MULHERE: That's fine. CHAIRMAN STRAIN: Did Ms. Student recommend that original language change? MR. MULHERE: No, that was within the original PUD, and we did not change it from the current planning manager. CHAIRMAN STRAIN: Okay. Because staffs always been consistent, and we've always talked about it at these meetings, it's always the county manager or designee. MR. MULHERE: That makes sense. That makes sense. CHAIRMAN STRAIN: Thank you. The other change is on -- I'll go through the strike - through, underlined version so we're all on the same page, so to speak. Section 3 A.B. The standard language that should be used for that should read: Any other use which is comparable in nature with the foregoing uses may be permitted, subject to the LDC as amended. And we will correct that. COMMISSIONER MURRAY: Right. MR. MULHERE: And within transportation -- COMMISSIONER MURRAY: There's also on J, the same one. MR. MULHERE: Okay, let me just get to that. J. Oh, yes, yeah, I understand. We'll correct that in each location, yes. Understood. Under transportation, five point -- Section 5.5. Paragraph A reads: The developer shall provide a fair share of payment toward the capital improvements at the intersection of County Road 951 and Rattlesnake Hammock Road. Ms. Student pointed out there was no specificity relative to when that should occur, and we would add the language, within 90 days of request by Collier County. And paragraph C, a minor change. If you look at the very last phrase starting with shall be provided with the first application for development order. That should read, with the application for first development order. I don't -- it's just a grammatical. MS. STUDENT - STIRLING: Yeah, it's kind of ambiguous the other way, because with this --you know, there's like one application per development order, so -- MR. MULHERE: And there -- Marjorie also has provided me with some other minor changes, I don't think we need to go over them. They deal with capitalization and punctuation. MS. STUDENT - STIRLING: And format. MR. MULHERE: And format. CHAIRMAN STRAIN: Anybody have any problems with the changes that legal has recommended? (No response.) MR. MULHERE: Thank you. Page 11 January a6iy 18, 2007 1 CHAIRMAN STRAIN: Thanks, Bob. Before we go to the staff report, we might as well finish up the applicant's issues. Margie? MS. STUDENT - STIRLING: I'm sorry. Bob, on L -- I had the same thing about the fair share and the bridge on transportation. Is that going to be pursuant to the DCA or -- MR. MULHERE: Yes, that's what we had talked about, and I guess I need to put that on the record. Yeah, we'll make that consistent with the language in the DCA. That's L under 5.5. CHAIRMAN STRAIN: Basically, the DCA language is going to be mirrored into the -- MR. MULHERE: Correct. Which we mentioned earlier. CHAIRMAN STRAIN: Right. I don't know who's in charge of the DCA, but I have some questions on that. I'm sure others may have as well. MR. ANDERSON: I am for the applicant. That's a shared responsibility with county staff. CHAIRMAN STRAIN: Okay. Bruce, when you spoke earlier, you talked about timing. And I believe it's 45,000 square feet in Phase 1 unrestricted, basically, for improvements, completion of improvements. MR. ANDERSON: Well, I would not say unrestricted. We still have to meet the county's ordinance requirements. CHAIRMAN STRAIN: Yes, that to me goes without saying. But your Phase 2, setting it to a time frame in '09, in other projects -- and this is an issue that this board has questioned in the past, and it's not going to be any different for yours -- we have requested that the developer tag the completion or the institution of those other processes when the roadway is completed. And that means the six -laning of 951. I don't have any faith that it's going to be done by whatever date you plug in here. It may take longer, it may be shorter. But I would feel more comfortable if it was closer to that date, the completion of the six -laning of 951, not an arbitrary date picked by your firm. Do you have any problem with that? MR. ANDERSON: I understand that you may impose whatever stipulations you wish, particularly in that regard. That date was not picked arbitrarily. It was carefully negotiated with the transportation department. And we would respectfully request that that agreement be implemented as drafted. CHAIRMAN STRAIN: Okay. I just wanted to know your position on it. In the fourth whereas clause, it says, whereas developer is willing to convey to the county upon the final approval of developer's Phase I site development plan. This is the acres that they're talking about. Would you have any objection to conveying that upon the approval of the PUD? MR. ANDERSON: The reason that's in there is because that's going to be part of the design of Phase 1. CHAIRMAN STRAIN: But what does the boundaries of the land have to do with the design of Phase 1? The land's the land. Where the design lies is irrelevant. You're going to lie within the lands that you're talking about, right? So whether you contribute those when the PUD's approved or whether -- see, you could hold off and submit your SDP to the last moment of sunsetting of this project or not at all, or some new developer can come in and toy around with this project if they wanted to. I just want to make sure that if these concessions are granted that the county gets the land right away and doesn't have to worry about it in the future, dependent on somebody else's performance. MR. JARVI: For the record, Reed Jarvi, transportation engineer with Vanasse Daylor. I think the answer to this is really that the design of the road and the two lanes of the bridge will be Page 12 161 1D I January 18, A7, done with Phase 1 design, and so the exact right -of -way is not known at this time. It is anticipated to be approximately what we have talked about. But it could change, you know, feet here and there. And it probably wouldn't be appropriate to convey the right -of -way until we actually know what it is. CHAIRMAN STRAIN: I'm probably going to have to ask our staff to talk about it in terms of that issue. Why don't I finish up with my questions of you and the panel's questions of you, Bruce. And then -- yeah, I certainly have DCA questions that I know Nick or someone will have to respond to. In the second to the last whereas, you're talking about a value of $750,000 for the Phase 1 construction of the bridge component. And you're talking about it as a culvert. In the prior document we talked about the costing of the bridge and your fair share value. I'm just wondering, does this DCA plug your fair share value then at $750,000? MR. ANDERSON: No, it just gives an estimate. CHAIRMAN STRAIN: Okay. Because 750, to be honest with you, for a two -lane bridge is a considerable amount of money. You could do a very -- you could do a four -lane bridge for $750,000, especially a flat deck. So for a culvert, that certainly is enough money to get the job done, I would think, unless the county does it, and then I think you may have to charge more for it. MR. ANDERSON: One other item, Mr. Chairman, related to the conveyance, is that there are some title issues that we need to clear up. And that gives us sufficient time upon approval of the PUD. That's hopefully pretty quick. CHAIRMAN STRAIN: I'll ask Nick to verify all that and we'll be all set. Page 2 of 8, the whereas on the top: This agreement is structured to ensure that adequate public facilities are available to serve the development concurrent with the impacts. Okay, that strikes pretty close to my question about delaying the second phase until the road impacts -- until the road's complete. Your whereas even says you're more or less doing that. If you were to complete the second phase prior to the six -laning of 951, that whereas would be, I think, inaccurate. So I kind of wanted to point that out, because I strongly think you need to get that phasing tied to the road completion. On Page 3 of 8, number five: Effective simultaneously with the conveyance with subject parcels as set forth above -- MR. ANDERSON: That's incorrect. CHAIRMAN STRAIN: Okay. MR. ANDERSON: As I stated, as part of the deal points there are no road impact fee credits. CHAIRMAN STRAIN: Okay. On Page 5, number nine, you have a blank. And I'm really thinking you really want to match what you're talking about in paragraph two for timing there. Just interested that it was blank. Is it because you are believing it's negotiable? Apparently so. Your silence answers my question. I appreciate it. MR. ANDERSON: Well, this is the county's draft and it's a redraft of mine, and I don't specifically recall whose idea that was. CHAIRMAN STRAIN: And I know DCAs go to the Board of County Commissioners for approval. But a DCA has a big impact on the concurrency in the area, which has a big impact on planning parameters, which this particular board is particularly interested in. So at some point we need to know how firm this DCA is as far as acceptability to both you and the staff. And if you're telling us that this is staff s draft and not yours, are you in disagreement with this draft in any areas in particular? MR. ANDERSON: Those items that I mentioned as the deal points that are different than what are Page 13 161 1 B I January 18, 2007 contained in here, those have been negotiated with staff. CHAIRMAN STRAIN: Okay. And those deal points are going to be added to this document? MR. ANDERSON: Yes, sir. That draft will be modified to reflect those. CHAIRMAN STRAIN: Is there anything else beyond those deal points you're in disagreement with with the staff s draft of this? MR. ANDERSON: No. The only thing might be is if we have any trouble clearing up any of the title issues. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: Yes. Bruce, in the recitals, just to be clear on something, I noted that you speak of -- about the middle of it -- it says in two phases, approximately 45,000 square feet of retail space. Do you think for consistency you want to introduce the office into that area? Because you're taking, as it were, an option on that? Retail and/or office. MR. ANDERSON: Yes, sir, Mr. Murray, that would be a good catch. COMMISSIONER MURRAY: Thank you very much. That was it. CHAIRMAN STRAIN: Any other questions on the DCA from the applicant at this point? (No response.) MR. ANDERSON: And we would make that change to both references to retail square footage in there. COMMISSIONER MURRAY: I think that's a good idea. MR. ANDERSON: Thank you very much. CHAIRMAN STRAIN: Thank you, Bruce. I think we need to ask Nick some of his issues on transportation, if that's okay. (Speaker was duly swom.) MR. CASALANGUIDA: For the record, Nick Casalanguida, planning. CHAIRMAN STRAIN: I hope the road system made you late. (Laughter.) MR. CASALANGUIDA: No, printing out the seven versions of the business points made me delayed. CHAIRMAN STRAIN: You didn't hear Bruce talk about the business at points of this, or did you? MR. CASALANGUIDA: Most of them I've done. I have e -mails going back and forth with Bruce and I regarding these issues. CHAIRMAN STRAIN: Do you have any problem with his points? MR. CASALANGUIDA: It's not -- we're still to the point we're having timing issues and monetary issues, and when they're going to pay and convey. I think it's more of what's reasonable. If I can take a moment and clear up some of the position where the county is. CHAIRMAN STRAIN: I think your speaker is not picking you up there. MR. CASALANGUIDA: One of the concerns we have with the project in front of their development, as well as Davis's funding -- as you know with the AUIR coming up, we're discussing the funding issues that come forward, so we'd asked about prepaying the impact fees. Understandably, they have a commercial development. Asking them to prepay 50 percent of the impact fees at zoning or within zoning helps fund that project. At one time in the discussion it was 100 percent, what can they afford to pay and can we get this project funded. Right now it's at 50 percent, we're comfortable with that. Phase 1 at 45,000 square feet is reasonable. They need to get some development on the ground to be able to fund things like this. Page 14 16 c January ,P007 The timing issue: We had discussed 15 months, 21 months. And I said most likely I would imagine both commissions are going to tie into the completion of the road project. We made them aware of that. Regardless of what we put in the DCA. Convey the right -of -way: We don't need the right -of -way east of 951 for 180 days. So if you want to put a time certain within 180 days approval of this PUD, that's sufficient for us to do a preliminary conceptual design and clear up the right -of -way concerns. No impact fee credits: We both agree on that. With the bridge improvements in front of the development to tie into the opposite side of Rattlesnake, you could say it's fair share, but if they're the only ones there and that intersection needs to modify, that fair share could be 100 percent. So there's a little bit of a clarification that needs to go back and forth on that. We have a DRI that's coming in behind them, and obviously that's one of their main access points as well, too. So the county is not paying for that bridge. It's maybe an argument of who will pay for it, but it won't be the county. I think that clears up the questions that I have with hearing Bruce's comments, and I'll be glad to answer any questions you have. CHAIRMAN STRAIN: When is your timetable for the six - laning of 951 ? MR. CASALANGUIDA: To be bid? CHAIRMAN STRAIN: No, let's say talk about -- yeah, the whole time table right to completion. MR. CASALANGUIDA: Sure. They're doing -- they're finishing up their review of 100 percent plans for bid. They'd like to go to bid in the next three months. And it's a median widening, so we anticipate it's roughly a24-month project. And that's from south of Davis to 41. CHAIRMAN STRAIN: So the time frames that were suggested by the applicant couldn't be -- you're going to be under construction on 951. MR. CASALANGUIDA: We'll be under construction on 951 through 2009,1 would imagine, to be safe. CHAIRMAN STRAIN: Okay. And your -- is that in the five -year plan and all the monies are there allocated for that road widening? MR. CASALANGUIDA: It is. And I always have the caveat that when you put it out for bid, if that bid comes in higher than what's in our budget for it, we could have issues with that. CHAIRMAN STRAIN: Okay. Are there any other questions of transportation? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Nick. MR. CASALANGUIDA: Youre welcome. CHAIRMAN STRAIN: I think the staff -- if the applicant is finished -- Bruce, are you finished? Any other experts or people you want to bring up? MR. ANDERSON: No. They're available for any questions that you may have. CHAIRMAN STRAIN: Okay. MR. ANDERSON: Thank you. CHAIRMAN STRAIN: Thank you. We'll ask for the staff report next. MS. ZONE: Good morning, Commissioners. Melissa Zone, principal planner with department of zoning and land development. This project was rezoned on November 20, 2008 (sic) from agricultural to PUD, Hammock Park Commerce. The rezoning allowed this, even though it's in an activity center, to be full retail and office Page 15 1W181 LA 1 space. The applicant through permitting -- so the applicant now has bought the property from the original owners. Through that process the PUD started to expire. They came before the Board of County Commissioners on June 7th, 2006, and the Commissioners denied the PUD extension. They had a lengthy discussion during that hearing and came up with the 160,000 square foot of commercial retail space as opposed to the originally- approved 200,000 square feet. Through the discussion, the board directed the applicant to come back, amend the PUD to make the changes that were discussed during that BCC hearing. Mr. Anderson and Mr. Mulhere explained most of the project, and they did it correctly. And if you have questions for staff, I'd be happy to answer or accommodate. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I have only one observation, that in the proposed ordinance there's a typo, Sempler versus Sembler that you might take. That's the only thing. MS. ZONE: Thank you, Commissioner. We will make sure to verify all of the corrections. CHAIRMAN STRAIN: Any other comments from staff or questions of staff? (No response.) CHAIRMAN STRAIN: Thank you. Ray, do we have any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: With that, we'll close the public hearing and entertain a motion. Mr. Tuff? COMMISSIONER TUFF: I move we approve passing PUD 2006 -AR- 100030. CHAIRMAN STRAIN: You need to pull your mic. closer. COMMISSIONER TUFF: Move we approve. And we have a few stipulation that hopefully you have written down. CHAIRMAN STRAIN: Okay, approval. And I'll read the stipulations. Is there a second? COMMISSIONER TUFF: I only have a few here written, scattered. COMMISSIONER VIGLIOTTL• I need to hear them. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: You'll hear them. Mr. Adelstein made the second. Motion was made by Mr. Tuff. I made notes on stipulations during the discussion. I'll read them all. And if they're satisfactory with everybody and the motion maker and the second agree, we can add them to the motion. First thing is that the language in the DCA will be mirrored in the PUD. That Phase I of 45,000 square feet will be allowed to go forward. Now Phase 2 will be allowed to go forward upon the completion of 951. Strike Section 5.9.G and H of the PUD. Provide the corrected issues, as noted by the legal department. The conveyance of the right -of -way east of 951 will occur within 180 days after the PUD is approved. Anybody have any objections, concerns or additional comments to those stipulations? COMMISSIONER VIGLIOTTI: I have a question on the Phase 2. When can it start? Is it C of Os, or is it certificate of occupancy or is it permits at the completion of the road? CHAIRMAN STRAIN: Well, the impacts are going to be greatest at the time the facility is completed. But I don't think the -- I don't think they have a way of holding up COs. So I think it's going to Page 16 161 ll January 18, 2�0 have to be tied to building permit issuance. Mr. Anderson? MR. ANDERSON: If the applicant agrees to restrict them, the timing of the issuance and condition of a certificate of occupancy, that would be binding, particularly when it's reflected in the PUD. CHAIRMAN STRAIN: Okay. MR. ANDERSON: And that's -- CHAIRMAN STRAIN: Would be COs, then. Okay? Bob, did you have something more? MR. MULHERE: I did have one. I'm not sure, maybe you mentioned it. The striking through of the one footnote that still references the restriction on the 50,000 square foot of office, which I added on the floor. CHAIRMAN STRAIN: Yeah, it says office and retail. I don't see a problem with that. Okay, stipulations, everybody comfortable with them? (No response.) CHAIRMAN STRAIN: Okay, any -- does the motion maker accept the stipulations, including the last one added by Mr. Mulhere -- COMMISSIONER TUFF: Yes, I do. CHAIRMAN STRAIN: Striking the footnote in reference to the office. COMMISSIONER TUFF: I do. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Mr. Adelstein accepts it. So the first and the second have accepted it. Ms. Caron? COMMISSIONER CARON: Just a question. Do we have to make any note at all about the title issues that may be outstanding? CHAIRMAN STRAIN: Well, that's why we gave them 180 days to transfer the property. That should clear it up, from what Nick was saying. aye. Any other comments? (No response.) CHAIRMAN STRAIN: Hearing none, we'll call for the vote. All those in favor, signify by saying COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 9 -0. Thank you. Mr. Adelstein is going to depart from us for a short period of time. (At which time, Commissioner Adelstein leaves the boardroom.) CHAIRMAN STRAIN: Okay, we have six applications today, and I know there's members of the public here for a variety of applications. And just so you might know how long you're going to be waiting, Page 17 161 10, January 18, 2007 or at least what order youre going to be heard in, the next project that we will hear is a boat dock extension in Winward Cay at Port of the Islands. The next one after that will be an EMS station involving Collier County at the corner of Vanderbilt Beach Road and Logan. The one after that will be for a Habitat for Humanity project in Immokalee. The next after that will be the Toll Brothers Princess Park, King Richard PUD. And the last one today will be the Livingston Greens -- I think it's also called the Hamilton Greens on Livingston Road. So for whatever one of those you're here for, we're going to be working our way through the agenda today in that particular order, because that's the order it was advertised in. And at the rate we're going, we're probably going to be here for quite a few hours. Item #8B PETITION: BD- 2006 -AR -10645 Next item up for today is Petition BD- 2006 -AR- 10645, Halden Deppert, represented by Turrell and Associates. 159 Windward Cay, Port of the Islands subdivision. 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: Thank you. Any disclosures on the part of the planning commission? COMMISSIONER CARON: Yes. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I've spoken to Mr. Rogers. CHAIRMAN STRAIN: Okay. Any others? (No response.) CHAIRMAN STRAIN: Hearing none, the applicant may proceed with their presentation, please. MR. ROGERS: Good morning, Commissioners. For the record, my name is Jeff Rogers, representing Turrell & Associates and our client, Halden Deppert. As you know, we are here today requesting a boat dock extension for Port of the Islands, Windward Cay. We are requesting a 26 -foot extension from the allowed 20 foot into a manmade waterway that is approximately 220 feet wide -- 225 feet wide, as shown -- if I can attach here an aerial -- as shown on this aerial. This is the proposed lot and the dock layout with our provided setbacks. As you know, we are requesting a protrusion of 46 feet from the mean high water line. And our setbacks are 20 feet and 33 feet, with Collier County's requested setbacks being 15 feet if your property is greater than 60 feet of shoreline. With the design we are congruent with our surrounding docks, for the most part. Some have U- shaped docks. We are a finger pier, basically coming straight out, keeping our impacts as minimal as possible with our design. We have mangrove -- we have a mangrove shoreline, but due to water depths and the size of vessel that Pete Deppert is proposing to purchase and store there, we needed to go out further than the 20 foot. I have water depths here. I don't know if you're able to see them. If I could zoom in. With the proposed vessel being 30 feet, you'd say it takes three feet of water to float the vessel and then another foot for the proposed lift in order to float it. So at mean low water we would need roughly four feet of water, which with design we are right at that area. 0M. 161 1B� January 18, 2007 Along the shoreline it's just too shallow and we wanted to keep, like I said, our impacts to the vegetation as minimal as possible. And our overwater structure, as well, as minimal as possible in order to, you know, keep our impacts less. We have received state and federal permits and SDGP and exemption from the state for this one, and we'd like to move forward and see if you have any questions in regards to this dock layout. CHAIRMAN STRAIN: Are there any questions of the applicant on the part of -- Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. Could you go back to the other overlay that you just put in before? Just as a matter of interest, can you explain to me how you ascertained the line of the -- the riparian line that's on there? The property line appears to be just vertical. But when you come to the edge of the waterway, you angle off. I'm curious what establishes that angle. MR. ROGERS: Well, as you know, you have to take your riparian line to the center of the waterway. With the lot to our south of the proposed lot here being on an angle, his riparian lines are also on an angle, as shown on the eastern riparian line. We've angled it more towards the center, as shown there, because of the angle of the property owner to our east. His riparian lines are also angled. COMMISSIONER KOLFLAT: Is there any standard or code that defines that, for a person to establish what that line should be? MR. ROGERS: You know, basically what we do is our certified surveyor puts the riparian lines on his survey, and we obviously follow up on that and double check. In regards to following a certain format, you know, from my understanding is you take from the property line to the center of the waterway, which we have here. And like I said, with the neighbor to the east of us, his riparian lines, if we were to go straight out from our property line on the eastern side, we would be blocking his riparian line to the center of the waterway. So in order for each property owner to have riparian lines to the center of the waterway, we had to angle the eastern riparian line in order to provide ingress - egress for the neighbor to the east. COMMISSIONER KOLFLAT: Well, on this particular petition there would be no adverse effect even if it was a more acute angle then was shown there because of where the location of the pier is. I'm just curious from a status -- we review a lot of these and look at the basis for where the riparian line is. Thank you. CHAIRMAN STRAIN: Sir, the diagram you have on here, I just noticed this, if you look to the dock to the east, you have a finger going out from the shoreline, then you have a cross - hatched area which normally represents a lift on the left side of the dock. Yet that diagram on the plane you show in front of us shows everything on the right side of the dock. And if you were to draw a riparian line most likely from the property line between the two houses and the uplands outward, it would seem that that dock is problematic. MR. ROGERS: Yes, it is. I can tell you that I know for a fact that the contractor built that dock wrong. He built it, it was supposed to be on the other side as shown. But the contractor for some reason built it opposite. In regards to your question, the setback rule for setbacks at the back of a manmade canal are seven and a half for manmade waterways and lots at the end of a manmade canal. It's not 15, as normally stated within the Collier County rules. But setbacks for him would be 7.5. CHAIRMAN STRAIN: Right. And if you were to come straight out between the property line of those two houses to draw some kind of convoluted riparian line, he's going to be over it, practically any way you would want to look at it. MR. ROGERS: Yes, sir. CHAIRMAN STRAIN: Ray, is there some kind of code enforcement review of this or planning review of this, or how would it have gotten CO'd on the wrong side of the dock? Page 19 161, 1B\ January 18, 2007 MR. BELLOWS: I'm not sure it was CO'd properly. So we have to check on that. And I can discuss it with our code enforcement staff. CHAIRMAN STRAIN: Okay. I think it needs to be. Because if he's violating somebody else's property rights -- MR. ROGERS: I know we permitted that dock. Excuse me. We permitted that dock, Turrell & Associates did, not myself. And we know for a fact that it was built wrong. CHAIRMAN STRAIN: Did you provide a final certification as to the dock's layout and location, like a final survey? MR. ROGERS: Do we? We haven't. It wasn't required, so we didn't do that on that one. I believe Rocky Scofield did that dock, and he discussed it with me and said it could be an issue, you know, it could be brought up at this hearing, and -- you know. CHAIRMAN STRAIN: Okay. Thank you for that information. Is there any other questions on this issue? (No response.) CHAIRMAN STRAIN: No? Okay, thank you. We'll ask staff for a report now. MR. BELLOWS: This is Ashley's first presentation before the planning commission. She's all prepared, though. CHAIRMAN STRAIN: We have to give you the hard questions today then. MS. BLAIR: I'll try to answer them. For the record, Ashley Blair, planner with the department of zoning and land development review. This petition meets all five or six primary criteria and all secondary criteria, according to the Land Development Code and, therefore, staff does recommend approval. I will check on that dock to the east and get back to you by e-mail, if that's okay with you. CHAIRMAN STRAIN: Sure. MS. BLAIR: And if you have any other questions, I'd like to try and answer them now. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Ashley, since you're new, we can give you this assignment. We've asked this question before about how to measure the riparian fights. Would you do us a favor and research that and get back to us? MS. BLAIR: Sure. COMMISSIONER SCHIFFER: Because they somehow seem to be arbitrary. They somehow seem to be convenient for this project. I mean, if that riparian line's supposed to go straight out, maybe the dock is in the right position on the other side. So just for like a homework assignment, could you really study for us how to do that and report back to us? MS. BLAIR: I'll do my best to do that. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions of Ashley? I do. Joe and Ray, this is a pretty simple dock procedure here. And there isn't a lot of questions from this board, questions that really aren't as relevant to this as just the procedure altogether. And we get a lot of these and it's costly to the public and it's time consuming. And they may not rise to the level of a need to be in a public fonun. Is there some way of looking at the Land Development Code so that maybe we can look at more practical application when docks come in, on issues that are just basically more administrative than needing a public hearing? Is that a possibility? MR. SCHMITT: Yes, absolutely. For the record, Joe Schmitt, your administrator for community Page 20 161 �1 January 18, 20 7 development, environmental services division. It would require a change in the Land Development Code, which would make this administrative in nature. There would be certain requirements. If those requirements are met, it could be done administratively. What I hear you asking then, are you looking for us -- would you like us to come back maybe in a future LDC cycle to make this more administrative in nature? CHAIRMAN STRAIN: For certain thresholds. I think the level of threshold that we have now, it seems to be more stringent than it needs to. We have dock examples coming forward. This isn't one of them. There's been plenty in the past. Some of them rightfully so. But the threshold seems to be so tight that we get into discussions on really simple issues that shouldn't rise to the level of a public presentation and a time consumption on that part. I mean, I'm just speaking for my thoughts. I'd certainly entertain others. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I think this is essentially a variance, and this is the only public forum. This is a chance for the neighbors to have a concern over their things, so I definitely think this is a necessary hearing. Whether they're simple or not, that's great. But -- CHAIRMAN STRAIN: Well, is there some substantive comment on -- COMMISSIONER SCHIFFER: The comment that is why we're here is really to hear the public on this. MR. SCHMITT: Basically if it meets the criteria, if there's no dock extension, it's strictly administrative. The only reason it comes to you is because for whatever reason the site conditions require a dock extension, which basically has exceeded the intrusion into the waterway, and that requires the public hearing. So if you're looking for some kind of an administrative process to relax those rules, we can certainly look at that and come back and discuss it with you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: No, I agree with Mr. Schiffer, I think this is the public hearing. It is a variance, regardless, and it needs to come before the public. In this particular instance, you don't have anybody objecting to it. But as you know, in the past we've had issues where the public has been here to speak either for or against. CHAIRMAN STRAIN: My concern was for the ones that are as simple as this. If we -- the reason it's coming before us is because someone arbitrarily said 20 feet's the limit. So if you go a little bit longer because you've got shallow conditions, you're forcing a member, the homeowners into a rather costly experience that maybe in a lot of cases thresholds would be unnecessary. That's the only concern I had. It just seems like a waste of time and money. Mr. Kolflat? COMMISSIONER KOLFLAT: Yeah, but Mark, on the other hand, there's no other vehicle for the public to express dissatisfaction with a facility that's going in that might impact their view or other use of their land for the facilities. And although this is a rather minor one we're faced with today that could have been handled administratively, I think it still affords the opportunity for the public to express -- CHAIRMAN STRAIN: You're not being picked up. COMMISSIONER KOLFLAT: -- for the public to express their opposition or support of the petition. CHAIRMAN STRAIN: I mean, actually what you said supports my argument. But okay, I'm not going to push it. I just thought it was --go ahead, Mr. Vigliotti. Page 21 161 10 January 18, 2007 COMMISSIONER VIGLIOTTI: Are you suggesting maybe changing the 20 feet to 30 feet or 25 feet? CHAIRMAN STRAIN: Well, I think -- COMMISSIONER VIGLIOTTI: That would eliminate some -- CHAIRMAN STRAIN: -- if they're simple conditions and they're not intruding on obviously any negativity in their alignment with docks around them like this one is, it just seems like a cost that the public doesn't need to bear. And I didn't see the need for it. But if I'm -- if that's not what the majority of us would like to see, then I'm not here to push it any further. I just was throwing it on the table for discussion. And maybe we should comeback and discuss it at a future time and get further input in it. But I'll let it drop for now. It seemed like a huge waste of time on this one. Are there any other comments from -- questions of the staff? (No response.) CHAIRMAN STRAIN: Okay, Ray, now, all the objecting public that feel this is intruding upon them, can you tell me how many we have. MR. BELLOWS: No one. CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing. Are there any -- is there a motion? COMMISSIONER VIGLIOTTI: I'll make a motion for approval. CHAIRMAN STRAIN: Motion made to approve. Is there a second? COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Motion seconded by Commissioner Tuff, motion made by Commissioner Vigliotti. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN Item #8C Motion carries 8 -0. Thank you. PETITION: CU- 2006 -AR -10550 The next petition for today is CU- 2006 -AR- 10550, Collier County Department of Facilities Management for an EMS Station No. 73 at Logan Boulevard North. And I believe that intersects with Vanderbilt Beach Road. Page 22 161 RRi January 18,07 All those wishing to speak on behalf of this petition, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Is there any disclosures on the part of the planning commission? (No response.) CHAIRMAN STRAIN: Okay, with that we'll move forward with a presentation by the applicant. MS. WILLIAMS: Sorry, we're just getting set up here. Good morning, Commissioners. Sorry for the delay. For the record, my name is Heidi Williams. I'm a senior planner with Q. Grady Minor and Associates, here to represent Collier County Facilities Management for a conditional use petition for an EMS station. With me today are Chief Jeff Page and Artie Bay with the EMS, Collier County EMS, Ron Hovell with facilities management, and Michael Delate, an engineer with Q. Grady Minor and Associates. The subject property is located on the southeast corner of Vanderbilt Beach Road and Logan Boulevard. It is 2.3 -- I'm sorry, 2.23 acres in size. It is currently vacant, but a portion of the site is disturbed from the construction of a single - family home that has been removed from the site. So the remaining vegetation is some Cypress, disturbed area, Brazilian pepper, which is exotic, and pine flatwoods. On the board behind me I have an aerial of the site and I can put up a conceptual site plan. This should be in your packet of materials, but if you d like I can also put one onto the visualizer and be more close up. (Commissioner Adelstein enters the room.) MS. WILLIAMS: Laying out this site we took several factors into consideration. One, this site was identified as viable option for EMS. It serves a need for the county. There are many calls in this general area where EMS exceeds their target response time of eight minutes, and that is obviously unacceptable in service to the residents of the county. This site was considered for wetland impacts. We wanted to avoid those. And we wanted to utilize any of the disturbed area that was possible. The site is -- can support a 5,000 - square -foot EMS station that would house one ambulance and staff on 24 -hour shifts. It would have a kitchen, bunk rooms, all the things that are necessary for a 24 -hour shift. There are four criteria, as you know, to consider for conditional uses. They are listed there. And I'm going to go through each point. Staff has found that this petition is consistent with the Growth Management Plan. The property is located in the Estates, and therefore has to be consistent with the Golden Gate Area Master Plan. This petition falls under the provisions for essential service conditional uses. The Land Development Code further defines EMS stations as a public safety facility, and it also requires conditional use approval. All of the structures built on -site are anticipated to meet every aspect of the Land Development Code. Setback, height, landscape requirements, water management, everything will be consistent with the requirements of the Land Development Code. Ingress and egress to the property is provided on Logan Boulevard. There is an opportunity there to go north to Vanderbilt Beach Road, which allows east and west movement, as well as a southbound turn from the site. There is internal circulation on -site and pedestrian access will be provided. Effect on neighboring properties regarding noise, glare, economic and odor impacts. It is anticipated that there will be no impacts from economic or odor considerations. Any on -site lighting will be directed to shine onto the facility itself and not external to the project. Page 23 Jan rry 18, 2007 1 is We've also located the station as far west as possible, and in the aerial you are able to see that the neighboring property is away from the station where we've proposed that it be located. So glare should be minimal to any -- there should be no impact from glare to the neighboring properties. Noise is probably the biggest concern for this petition. And it is our assertion that noise will be minimal, it will be discrete in nature. Certain times of day there will be responses necessary. This station is anticipated to have five emergency response calls per day. And breaking that down, some would be at night and some would be during the day. EMS anticipates that some of their calls would be responded to from another location. While they were on one call they may get a second call and they would respond from -- away from the site. It is also EMS policy that sirens are only used at night when absolutely necessary. So therefore we do feel that noise will not be a major factor. It will exist, but it will not be a negative on neighboring properties. We also do note that there are many stations around the county that are in residential neighborhoods, and EMS does not field very many complaints from those. Regarding compatibility with the adjacent properties: When you look at the aerial, this location is a very transitional part of the Estates. The northeast quadrant of the intersection of Vanderbilt Beach Road and Logan is a community called Island Walk. It is an urban community, suburb, for all intents and purposes. The southwest side, there is a strip of Estates lots and then there is the Vineyards. The northwest and southeast comers are Estates. So this is truly a crossroads in our county. Vanderbilt Beach Road is being widened to a six -lane arterial. Logan Boulevard is anticipated to be widened. This intersection itself will be widened to accommodate Vanderbilt Beach Road expansion. East of the property is a Collier County sewage pumping station, and there is one single - family home south of the site. That home, again, is located fairly far east on that lot, and our station is proposed to be fairly far west on the lot. There is anticipated further growth in the area. Increased traffic on Vanderbilt Beach Road and other considerations make us feel that this is an adequate site and is compatible with the adjacent area. We appreciate very much the fact that county staff has recommended approval of this conditional use petition. They have added seven stipulations. And with your permission, we'd like to discuss three of those today. The first one is stipulation three, and it states that the applicant shall coordinate with the transportation department staff to install an egress point from the site to Vanderbilt Beach Road at the time of SDP review. EMS does not feel the need to have a second access, based on call volume and based on the full turning movement that is available onto Logan Boulevard. They feel that this is really an excessive requirement, and would request that we discuss it here today whether or not you feel that that is necessary. Again, there is proposed potentially five calls per day. And that access is shown on our conceptual plan. If you choose to retain that requirement, it is covered. But should you agree that that may just add cost to the project, we request that it be removed. The next one we would like to discuss is stipulation four: The applicant shall coordinate with transportation operations to install a preemptive signal system to ensure the safe and timely egress from the site during emergencies at the time of SDP review. We had a little bit of a miscommunication, so the rest of the text on this slide you could probably ignore. Originally we were under the impression that the existing signal at the intersection of Vanderbilt Beach Road and Logan, that this request applied to that signal. And there is a budget for providing those and EMS is certainly happy to have a controllable signal at that intersection. In fact, EMS feels that that is all that should be required. Page 24 16� 1 January 18,210 Transportation staff, I'm sure they'll want to answer for themselves, but has requested a second signal at the access point. So there would be one at the intersection of Vanderbilt Beach Road and Logan and then one just south of that on Logan where the access for the EMS station is located. That is a significant cost factor to this project. It actually could add 180 to $200,000 to the overall project cost. And EMS is expert, they are experts in what they do, and they do not feel that it is necessary in that location. And again, we would request that there be discussion on that stipulation. And the final one that we would want to discuss is stipulation seven regarding the requested wall along the southern property line. We certainly do agree that the neighboring single - family home needs to be buffered from the EMS station. The normal Land Development Code requirement is a 15 -foot wide Type B buffer. And that gives applicants a choice of providing a wall or a hedge. In this case any wall that is provided east of our disturbed area has the potential of providing a wetland impact. That requires additional permitting review and cost, as well as time to construction. And what we would propose instead of a wall for 267 feet is to provide a wall along the retaining wall for the impacted area. And if I could step away from the mic for a moment, I'll show you where we would propose this wall to be. The drive isle that's shown on our conceptual site plan is the extent of the pavement and will be -- there will be a retaining wall constructed there. And we would propose that that retaining wall be built up as a landscape wall. It would curve toward the building and would prevent most of the visual impact of that building. We would certainly then provide the required hedge option for the landscaped buffer the remainder of the distance. We feel that that will visually shield the neighbor and, as we discussed before, the sound impact -- noise impacts should be minimal anyway. This should adequately address any concerns. And again, we would appreciate having some discussion on that point. With that, I am -- I'd just like to say in summary that this petition has been found to be consistent with the Growth Management Plan and the Land Development Code. We feel it's a compatible use in the neighborhood and in this location. And it is certainly necessary to serve the residents of Collier County. And I thank you for your time. I'd like to reserve some time to answer your questions. We do have, again, Chief Page and Artie Bay with EMS, Ron Hovell with facilities management and Michael Delate to answer any other questions you may have. And wed just like an opportunity to respond to any concerns that may be raised. Thank you. CHAIRMAN STRAIN: You know, Heidi, I almost said, does anybody have any questions of staff. MS. WILLIAMS: I was concerned about introducing myself as staff. CHAIRMAN STRAIN: But now that you're over on the dark side, we have to ask, are there any questions of the applicant from the planning commission? Mr. Schiffer, Mr. Kolflat, then Mr. Murray. COMMISSIONER SCHIFFER: Heidi, what's the width of this site? MS. WILLIAMS: This site is nearly a standard Estates lot. And I'll just pull out the survey and answer that question accurately. Michael Delate's telling me it's approximately 160 feet along Logan. COMMISSIONER SCHIFFER: Then the next question is, the -- your exhibit on the master site plan, the conceptual site plan, you show a large clear area. Are you really going to clear that much of the site? I mean, unfortunately the sewer station to the east of you spared no trees. Scorched earth on that side. MS. WILLIAMS: That's actually a very good question and thank you for bringing that up. The conceptual plan does show a required preserve area. It is far above and beyond the 10 percent that is required by staff. Page 25 16 19 January 18, 2007 But we did want to show that that vegetation would be retained and maintained as a preserve area. The rest of the site is a wetland. We don't have an exact line at this time, but we have an estimate of where that line is. The FLUCCS map that you have should be a pretty good indication. We do not anticipate clearing the rest of the site. We want it to remain as natural as possible. But there are some exotics in that location, and we would not be able to use that as required preserve. So we don't anticipate clearing beyond -- much beyond what is shown on the conceptual plan -- shown as the EMS station, paving area. COMMISSIONER SCHIFFER: Then why is there that large center gap being cleared? MS. WILLIAMS: It's actually not going to be cleared. It's just not required preserve. It will be retained as vegetation, and we could add a note on the conceptual plan, if that makes you more comfortable. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. There is a house shown there just on the south boundary, close to it. How long will this retaining wall go? Will this wall go past that house, and if so, how far? MS. WILLIAMS: Staff is recommending that the wall go beyond the house. And I'd like to put up a closer angle aerial and answer that question with that on display. You can see on this aerial where the previous home was. It's been cleared, there's some driveway accesses. Our station would largely be in that area, a little bit beyond that. And the house is well east of that. The wall we propose would be to the limit of construction so that we avoid the wetland impacts. It would wrap around on the conceptual plan the southern driveway up to the building, our EMS station building. The remainder of that would be a landscaped hedge. And that's also so that we -- we had the note on our -- we have a note on our conceptual plan that environmental requested that any wall that would be provided would be 10 feet from the required preserve. We don't want to block the native area from merging with the natural areas that are to the east and the south. So our wall would be proposed to be just to the edge of our building. And there is no overlap between our building and the single - family home. Our building will have a view of their driveway. Actually, vegetation and driveway. COMMISSIONER KOLFLAT: Did I understand there is to be one egress and ingress off Logan Boulevard, not Vanderbilt Road? CHAIRMAN STRAIN: Mr. Kolflat, you need to bring your speaker closer to you. COMMISSIONER KOLFLAT: Yes. My question was, there's only to be one egress and ingress and that's Logan Boulevard? MS. WILLIAMS: We will have one full access point onto Logan Boulevard. And staff has requested a second egress only onto Vanderbilt Beach Road. It would be an eastbound only egress. We would prefer not to construct that for cost reasons. Certainly that's up to you and staff, your recommendation and the board. COMMISSIONER KOLFLAT: That's one of the stipulations? MS. WILLIAMS: That is one of the staffs stipulations, that there be a second egress. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Distance. Hi. The distance from the intersection where there is a signal to the point of ingress, egress, is approximately how many feet? MS. WILLIAMS: Well, the whole site is 160 feet. And our access point is located 15 feet from the southern property line. So if you wanted a center line to center line, I don't think I'd have an exact figure. Page 26 161 1 B I January 18, 2007 But it would be 150 feet, approximately. COMMISSIONER MURRAY: 150, is that what you would say? Because I'm trying to understand the need for two signal controls. Now, today we referenced five calls, but we're not planning for today, we're planning for tomorrow. And I guess the density of population is a factor. In your conversations, determine why -- and if you have both signals, will you still be able to control both signals? MS. WILLIAMS: I would defer most of that question to transportation when staff comes up here. However, I would like to say that our call volume may increase, but the response distance -- the reason this station is requested in this location is because the response time exceeds an acceptable amount of time right now. The number of calls in this general area may increase or may not. We have a fairly built -out -- Island Walk is built out. The neighborhoods and subdivisions surrounding that are still under construction. So it is possible call volume would increase in the future. COMMISSIONER MURRAY: It may have more to do with age than density. Over time people might need the resource, so I think that's a factor. MS. WILLIAMS: That is a possibility. COMMISSIONER MURRAY: Okay, then I will reserve the balance of the questions that are associated with this. So used to seeing you for staff, I have a tendency to ask that question. MS. WILLIAMS: Sony for the confusion. COMMISSIONER MURRAY: But I thank you for your answers. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, Heidi, the staff report says that there will be two vehicle bays, and you re saying it will just be one. MS. WILLIAMS: The architectural design originally accommodated two vehicle bays. And it is anticipated there will be only one ambulance in that location. I would actually -- Ron Hovell is telling me the design is being modified to accommodate just the one bay. There were some concerns that this facility would be expanded -- CHIEF PAGE: No, it's two bays. MS. WILLIAMS: Okay, there was concern that this facility -- during the neighborhood information meeting there was concern that this facility would be approved as an EMS station and then later expanded to accommodate fire trucks as well. To address that concern, I've been corrected, there is a redesign to lower the height of the doors so that fire vehicles would not be possible in that facility. So it is anticipated there will be one ambulance there now. During storm events, hurricane storm events or other emergency situations, there can be sort of a fluctuation or a shifting of where ambulances are located. But the normal condition will be one vehicle on -site for normal response. Does that answer your question? COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: A little more off the subject, I guess, or right on it. Let's look at this: These actions could really be a matter of life and death. I've been there. And fortunately they were there inside 10 minutes. We've got to look at the thing as yes, a lot of people might not be as comfortable with some noise, but a lot of people can live through it because of it. And I can't think of any other way we can put it. MS. WILLIAMS: Thank you. Page 27 16! 19� January 18, 2007 CHAIRMAN STRAIN: I have some questions, but mine will take longer than four minutes. So let's take a break and we'll come back at 10:15 for the benefit of Cherie' and Kady. Thank you. (A brief recess was taken.) CHAIRMAN STRAIN: Okay, Ray, you want to do your magic over there? Thank you. We left off with questions of the applicant. And I was going to ask some, but I wanted to make sure everybody else has had an opportunity. Ms. Caron? COMMISSIONER CARON: I just have one more. This will not be a shared location with fire. Can you tell me where the closest fire station is? MS. WILLIAMS: I believe the closest fire station is located -- is either under construction or nearly complete on 951, north of Vanderbilt Beach. It's on the west side of the road. It's not only a fire station but administration facility. It's a rather large facility. COMMISSIONER CARON: I know the one you're talking about. Thank you. CHAIRMAN STRAIN: And there's another one that's going to be coming probably before us at some time in the future that bought some property at the corner of Oakes and Vanderbilt Beach Road, where they intend to build a fire station. Just so you know. There might be one right down the road. At least they're going to try for it. MS. WILLIAMS: We had heard that the fire district had purchased that property. CHAIRMAN STRAIN: Well, in your response to Ms. Caron about the fire department's use of this facility, are you saying you're not intending to have fire service out of this facility? MS. WILLIAMS: There is no coordination with any of the fire districts to provide fire service from this site. CHAIRMAN STRAIN: Do you have any problem with the stipulation limiting the use of this property for EMS services only? MS. WILLIAMS: No, we don't have a problem with that. CHAIRMAN STRAIN: In your discussion in the neighborhood informational meeting with the public, you indicated you could drop the door heights from 14 to 12. I heard some discussion now about putting them at a lower height in order to make sure it is only EMS vehicles. Is 12 feet the height that you're lowering it to? CHIEF PAGE: That's correct. CHAIRMAN STRAIN: And Mr. Page isn't on record, so we need to -- Chief Page, I'm sorry. CHIEF PAGE: For the record, Jeff Page with EMS. That's correct, we are lowering it to 12. That's the minimum height that we need for our own units. CHAIRMAN STRAIN: So would you have any problems with the stipulation indicating that the door heights would be limited to 12 feet? CHIEF PAGE: Not at all. CHAIRMAN STRAIN: Okay. I guess the rest -- I'm not sure if I have anymore of you, Chief, but I probably have a couple more of Heidi. Thank you, sir. Who in the transportation department was unreasonable in regards to the issues that you brought up today? CHIEF PAGE: Still trying to find that out. MS. WILLIAMS: I wouldn't say that anything was completely unreasonable. I think we just have a different viewpoint of what's necessary for this site. CHAIRMAN STRAIN: The reason, I can't imagine Nick being so unreasonable to require lights close to one another and openings close to intersections, because everywhere else he tells us he can't do that. U418,1A 1 So I'm certainly going to be looking forward to him explaining how this has come about in stipulations number three and four, because honestly, I would tend to believe that you're correct in your assumptions on those. MS. WILLIAMS: And actually, Commissioner Strain, we do appreciate that. If you'd like Chief Page to address some of the operational aspects, he can do that for you, too. CHAIRMAN STRAIN: I just think the need for going in and out is so obvious. You can go left or right on Logan, and you're only a few feet from Vanderbilt where you can go left or right again. Why have multiple lights, multiple intersections? Usually transportation wisely sees that those cuts on their road system only cause more problems than less and they always ask us not to approve such things. MS. WILLIAMS: I know they are prepared to respond. COMMISSIONER SCHIFFER: Mr. Chairman, I have a question on that, though. What if you came out of your place and there's cars backed up at the light? How do you push into the intersection to get out? MS. WILLIAMS: Chief Page, do you want to answer that? CHIEF PAGE: Again, for the record, Jeff Page. Typically what happens is, and what I had initially thought they had requested was a preemption device that would be at the signal at Logan and Vanderbilt whereby we'd be able to turn that to green to free up that traffic. I have a number of sites, you know, throughout the county, and I have none that actually have where we've incorporated in our construction a signal arm over an intersection to stop traffic. Typically when we pull up to the driveway with just the lights on, that's enough for people to start slowing down, stopping traffic. And at the point if we need to free up that intersection, if you hit a siren or anything like that with a tap, people will either turn right, allowing us access, because once we break into the intersection then we're able to maneuver wherever we need to go. But this has never been an issue at any of the existing stations that we have and operate out of now to where we've had to have these preemption devices. COMMISSIONER SCHIFFER: Do you have any this close to the signal itself? Because I think, my concern is if it was midway down Logan, obviously that's not a problem. But as you -- I mean, if that intersection's full of cars, you come screaming out of your driveway, what if people just start pulling out into Vanderbilt? You know, we could be having cars getting broadsided and stuff, and losing attention to what they're doing. CHIEF PAGE: This particular shot here shows -- this station is actually on Vanderbilt also. It's down by the Coast in Pelican Bay. But you can see, it has an egress onto Vanderbilt. This particular site allows us to cross the median and enter off of Vanderbilt to the back of the station. But again, every time this vehicle -- or the vehicles exit this station, they're going out into Hammock Drive, I believe that is, and that gives them more directional opportunities. The problem that we had with transportation on this particular site is they would not allow us to have that median opening, so we could not even return that way to go back in. So obviously if our better option is exiting where we can go in multiple directions, we would always exit on Logan. COMMISSIONER SCHIFFER: Okay. I mean, I still think that the intersection could be jammed and you in a panic trying to clear it could cause some trouble. But that's my opinion. CHAIRMAN STRAIN: Brad, if there was a light there -- and I'm just trying to understand it better -- if there was a light there and say the light went red but the intersection was jammed and those people would be sitting under the light, they would still have to move just the same as if the vehicle came out with its lights on as well. Page 29 1 19 January 18, 2007 CHIEF PAGE: If I'm approaching from the rear traffic, it's no different, if you under -- COMMISSIONER SCHIFFER: But are you going to have a control? In other words, as you go into emergency mode and you do have to come out onto Vanderbilt, you're going to change that light on Vanderbilt to red, and green on Logan. CHIEF PAGE: That would be our intent is to go ahead and preempt the signal so that we can get the directional that we need. COMMISSIONER SCHIFFER: So when you come out on Logan there will be a red light on Vanderbilt for a while, or -- CHIEF PAGE: Red light on Vanderbilt stopping that traffic and allowing the Logan to go through. COMMISSIONER SCHIFFER: Then you can push the Logan through it, okay. All right, thank you. CHAIRMAN STRAIN: Ms. Caron, did you still have a question? COMMISSIONER CARON: Well, actually, my question may be for staff. I was just wondering if it was just a flashing yellow that they wanted there, as you see at some stations. Chief, do you know? CHIEF PAGE: I'm not really sure what they requested. CHAIRMAN STRAIN: There's this mean guy Nick coming to the podium. MR. CASALANGUIDA: For the record, Nick Casalanguida. It's funny, it's ironic that we're more concerned about safety than they are in a certain sense, I guess. To be at the corner of that intersection, where you're carrying 45, 50, 60,000 cars a day on Vanderbilt at the corner of two major roadways is not the ideal location for anything. Now, you had said in the past we're trying to limit drivers. Yes, we are. We would never, you know, condone a driveway that close to an intersection. It's a terrible location. Preempting the signals helps. Having a driver on Vanderbilt is an option that we suggested to them. If there is a reason that that driveway on Logan is congested and you cannot get out and you want to go east, I'd hate to be that guy down the road that says we approved one driveway, you know, why would you do that if they couldn't get out of the intersection. It was more for us to be able to say, are you sure this is what you want? Because we're recommending for safety for -- what we know about intersections and what could happen, that you have another option to get out of there. If it's a cost -- that driveway cost, I cant imagine, if it's a single lane egress only driveway it's 30 to $50,000 max. That's an expense. If you're that one person that needs that ambulance, maybe that's an expense you can live with. As far as two signals, it's not two signals. On the sketch that you see on the board where you see the median, a model of a curve that they can come out and make a left out, we suggested a mast arm to the approach on that that would stop traffic coming up at that intersection. At the same time you're clearing out the intersection, she could make a left out cleanly or make a right out. Again, if they don't want to do that, that's something they could say on the record. I just -- for my own peace of mind. I don't ever want to get a phone call saying we didn't suggest these things. CHAIRMAN STRAIN: Nick, two points. You're in the process of widening Vanderbilt Beach Road right now. MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: Why doesn't your department put the accel lane and turn lane in that's needed for this Vanderbilt Beach Road section, since your department's building a road anyway and you're not even that far yet? I drive that road every day. Why don't you just do it? Page 30 Ja1 nuary 18, ZOO7 1 MR. CASALANGUIDA: You mean the county pay for that accel lane or egress on Vanderbilt? CHAIRMAN STRAIN: The transportation department. I think the concern is Chief Page's budget versus yours. Well, this is a transportation safety issue. It's for a county project. Why wouldn't the transportation department just put it in if it feels that strongly about it? And I'm going to have the same question about this additional mast you're talking about at the entryway on Logan. When you expand Logan, which you're slated to do sometime down the road, and you feel this is that much of a safety factor, why don't you incorporate it into your expansion plans? MR. CASALANGUIDA: If it was the Commissioners' request that the county pay for things like that. That's not for me to decide. I think they picked this location for whatever reason. It's an impact, I don't want to say quote, unquote development. It's an essential service. Usually whatever comes into a site takes care of whatever they need to get in and out of the site. But if the commission found that the county should pay for it, I have no objection to that. I don't -- CHAIRMAN STRAIN: Well, first of all, somebody bought this property for $328,000 in 2004. I'm assuming the commission must have authorized the purchase. The commission must be authorizing to go forward on using the property for something. And if this gets approved, it would seem that it would be so only by the fact the commission would approve it. So seeing as how the commission is approving public expenditures for this facility, what's the difference whether it's paid for by the transportation department or EMS? MR. CASALANGUIDA: Financially that's -- you know, that's not my call, it's a budgetary issue. I don't have a say in that, per se. CHAIRMAN STRAIN: Understand. I just was curious as to where the dividing lines were. I understand why -- I guess if anybody else has any questions. I understand where you're coming from on it. But you're recommending it as an option for the EMS, not as a requirement. MR. CASALANGUIDA: If they feel that that's not needed and they can live without that, I want to make sure on the record we've told them we have concerns. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, I just want to follow up on that. When they come out of a given area -- and I did raise that question earlier about the signal and the exit, and I assume there were to be yellow lights. But in any event, can they not control all the signals? Can you not even create a condition that allows for red for everything? MR. CASALANGUIDA: Sure. COMMISSIONER MURRAY: So I'm trying to really understand. I appreciate the desire to have safety, and I recognize you're thinking of the future. But I'm wondering whether that -- and I agree with the Chair, it seems to me that we should, if we're thinking that way, we ought to plan for that and we ought to put in all the electronics that we need right now and the rest of it. But you re really concerned with safety, are you? MR. CASALANGUIDA: I'd like it to be the most optimal condition when an ambulance needs to get out of there. That's the optimal condition, two driveways, make sure that there's a mast arm on the northbound approach, stop traffic, plenty in advance to be able to see that as an ambulance can fly out of there and do what it needs to do. COMMISSIONER MURRAY: Okay. So for clarity purposes, at least for me alone anyway -- and I'm going to make a gross assumption; I don't know this -- I'm going to assume that there's some kind of a device like a clicker in the vehicle. Assuming now that both of those driveways, those ingress and egress portions were in. They would have a choice as to what they would do, which would initiate a sequence in lights change. MR. CASALANGUIDA: They could time -- they could have a preemptive system that would say Page 31 161 19 January 18, 2007 I'm going out this way, stop, set the signal patterns to this mode and they get out to that direction. They could set that -- COMMISSIONER MURRAY: But they would have to work with you in regard to this. So it does come down to a joint effort, right? MR. CASALANGUIDA: Yes, that's typical. CHAIRMAN STRAIN: Nick, your mic isn't picking up. I don't know what happened to these mics, but they're not as sensitive. And unfortunately I'm going to have to keep asking people to move their mics closer. COMMISSIONER MURRAY: How am I doing? Am I loud or -- CHAIRMAN STRAIN: You're okay. But now Nick was hardly hearable. I'm sure the court reporter may be having problems, too. COMMISSIONER MURRAY: I guess -- I don't want to belabor this, but what I guess is it seems reasonable that maybe the commission, and maybe we should stipulate that, that the commission give consideration to joint budgetary consideration or whatever is necessary to make this fly. Because if your point's well taken, safety is a critical factor. And if we do have the potential to do the electronics, set these things in motion, we ought to plan for it now. That would make good sense to me. CHAIRMAN STRAIN: Okay. Any other questions of Nick? Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. If the EMS went ahead with their construction and completed their construction without this entry to Vanderbilt Beach Road, and then you come along now and transportation are expanding the road and you come to that point, would you put that access on there as a matter of safety? MR. CASALANGUIDA: If we were into the design stage, we would consider that. Right now we're in the construction stage, so it's a contractors road right now. They own that road. COMMISSIONER KOLFLAT: You're in the construction stage now? MR. CASALANGUIDA: Yes, sir. It would be a big change right now. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTL I have a question for Heidi, if we're done with Nick. CHAIRMAN STRAIN: Are we done with -- anybody else have any questions of Mr. -- Nick? Go ahead, Commissioner Midney. COMMISSIONER MIDNEY: Well, I really have a question about stipulation seven, which -- before we go back to Heidi -- CHAIRMAN STRAIN: Well, let's finish with Nick first. This isn't number seven. Okay? Okay, now we'll -- now Heidi, Mr. Midney and I think Mr. Murray both had questions. So Paul, why don't you start with yours. COMMISSIONER MIDNEY: No, I want to talk to county staff. CHAIRMAN STRAIN: Oh, I'm sorry. Okay. Any other questions of the applicant? Oh, Mr. Vigliotti, I'm sorry. COMMISSIONER VIGLIOTTI: Heidi, if transportation is recommending the other ingress and egress, why are you so against it? Just for a cost factor? MS. WILLIAMS: Actually, transportation is requesting an egress only, because it is very close to the intersection of Vanderbilt Beach and Logan. So it would strictly be a right turn out. There is a cost factor, and EMS does not feel it's necessary. They feel they've got full turning movements at the one access point on Logan, and that's what's been presented to me. COMMISSIONER VIGLIOTTI: Would that be a deal breaker? Page 32 161 1 B January 18, 2007 CHIEF PAGE: For the record, Jeff Page with EMS. Everything that we're talking about today with these three stipulations concerns me in the fact that I'm afraid that we're setting up to where every one of my stations in the future are going to be required to make the wall, the preemption devices, the signal arm, the egress exit. And quite frankly, I'd have to go back and change my AUIR numbers, because I don't have 400,000 cushioned in there to accommodate all these changes or stipulations. So it is about cost. We had originally talked to transportation about providing not the full egress part but actually maybe some of the driveway headed that way so that in the future we would consider that. But 30 to $50,000 just for a driveway, to me, when I know that my crews will not ever go that way, it's just -- it kills me. COMMISSIONER VIGLIOTTI: Okay, is it that you can't afford it or you'd rather allocate dollars elsewhere -- CHIEF PAGE: We can't afford it. CHAIRMAN STRAIN: But I think he's saying it's not a matter even so much as needing affordability. He has no need for it and he's not going to use it, so why force him to spend the money to put something in that isn't going to be used? I think that's the crux of it. COMMISSIONER VIGLIOTTL• Okay. CHAIRMAN STRAIN: Any other questions of Heidi and the applicant before we move to staff report? Because Heidi s not staff anymore. Hard to get used to you away from the county, Heidi. (No response.) MS. WILLIAMS: All right. Well, thank you very much for your discussion. And we would like to be able to answer any other concerns that are brought up by the public or by staff- - CHAIRMAN STRAIN: Thank you. MS. WILLIAMS: -- if that's acceptable to you. Thanks. CHAIRMAN STRAIN: And I think this is Nancy's first presentation in front of us as well as a planner. MS. GUNDLACH: Yes, it is. Good morning. CHAIRMAN STRAIN: Whoever told you that the first thing you should do is provide ice water to the planning commission, that was a very nice move. We thank you for that. MS. GUNDLACH: I'm trying really hard. Good morning to you. And I'd like to share with you this morning that staff is in agreement with the applicant's presentation this morning. However, with the exception of those three points. And I'd like to talk a little bit more about the wall and the reason that we've required it for a distance of 257 (sic) linear feet. And I'm going to put this on the visualizer because I think a picture can be very helpful here. I've highlighted the adjacent residents in yellow, and then I've highlighted what will remain after construction of the EMS site, of the preserve. And one of the things that's important that we consider in this conditional use is the impact to the neighbors, especially the one who will be mostly impacted, which is the yellow highlighted house there. I did a site visit two weeks ago. The house is very secluded presently. It's tucked away back in the woods. Once the EMS site is approved, is developed, that house will be very exposed, not only to the EMS station, but to the proposed six - laning of Vanderbilt Road and the traffic impacts that come with that. That's the reason we are requesting the six -foot wall for a distance that goes 50 feet past the rear comer of the house. We're trying to protect the neighbor to the south and try the best we can to keep his serenity and peace. Now, I understand that that eastern portion of the site, based on the protected species survey, is a Page 33 131 10 January 18, 2007 wetland area, although that will be confirmed at the time of SDP by the jurisdictional authorities. So we don't know exactly where that wetland line falls. If it should conflict with the proposed location that staff is requesting for the wall, then I would suggest that we replant that preserve area per LDC Section 3.05.05, which is the requirements for planting within a preserve, but require that it have 100 percent opacity from zero to six feet height at the time of certificate of occupancy. That would be staffs recommendation. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: I question building a wall through a wetland. And also to be able to plant something in a wetland that has that guaranteed amount of opacity to six feet, I question that. MS. GUNDLACH: The suggestion I just made was not to put the wall into the wetland. I don't think that's something we would be allowed to do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Nancy, one thing. So the 267 feet is essentially the dimension that would run it 50 feet past the house? MS. GUNDLACH: Yes, it is. COMMISSIONER SCHIFFER: On our plan, the preserve for some reason is notched out in letting the buffer go through past the houses, unlike your drawing there, you know, the drawing -- MS. GUNDLACH: They're different, yes. COMMISSIONER SCHIFFER: Right. So what's -- in the case of what they're submitting to us as their conceptual site plan, would that make a difference, or -- MS. GUNDLACH: Well, both of these were submitted to us. What they're showing on where you see that notched -out piece, that's the preserve delineation there. It is, it's shown slightly different on the black and white aerial here. Something we don't know yet. COMMISSIONER SCHIFFER: If they notch it out, they would be putting the wall in that buffer anyway, wouldn't they? MS. GUNDLACH: Assuming there's no wetland there. We don't know the exact location of the wetland line, but we will know at the time of SDP. COMMISSIONER SCHIFFER: And we will stop at the wetland, we understand that, okay. MS. GUNDLACH: Yes. COMMISSIONER SCHIFFER: The second thing is earlier you heard me talking with Heidi about the fact that that plan, and actually your plan shows extensive clearing that isn't necessary for this project. How do you -- what do you feel about that? Mainly based on your landscape background. MS. GUNDLACH: If they don't have to clear, that would be best. CHAIRMAN STRAIN: Well, I think they already agreed that they would not have to clear anything. COMMISSIONER SCHIFFER: But I mean, it might be full of exotics or something, there might be good reason to clear it, that's why. MS. GUNDLACH: Should we ask the applicant if they can agree to that -- COMMISSIONER SCHIFFER: Well, they agreed, so -- okay, thank you. CHAIRMAN STRAIN: Any other questions of Nancy? (No response.) CHAIRMAN STRAIN: Nancy, I was looking at this aerial, and because I live in the Estates I know that the lots of 660 feet deep, half of which is 330. The point that you had recommended this wall go back to for 267 feet, being 50 feet beyond the existing home seems to be well over half the depth of that lot. Page 34 161 IS January 18, 2007 Is that lot odd in size? Is it not 660 deep? MS. GUNDLACH: We can tell by looking -- going back to the survey again. And I do believe I have a copy with me right here, or if the applicant wants to tell us what that length is. Okay, so it is truly 660. MR. HOVELL: To the center line. MS. GUNDLACH: Okay. What's kind of interesting about this is, notice how far back that house is? That's set pretty far back. CHAIRMAN STRAIN: Right. That's why I was thinking that the 267 feet being 50 feet beyond the rear comer of the house may actually be more than 267 feet. Because if the lot's 660, you're probably three - quarters of the way back on that lot. And I'm just wondering if the intent of your language meets the intent of the drawing -- MS. GUNDLACH: The dimension. CHAIRMAN STRAIN: -- or if the 267, as it does appear, is closer to the front of those wetlands like you're arguing -- or stating that it might need to be in the first place. So I'm just wondering if anybody has scaled that off at all. MS. GUNDLACH: We scaled it off of an aerial. And maybe that's the problem. The best I could recommend at this point is maybe just to try to meet our intent, which is 50 feet off the rear corner of the house and keeping out of the wetland and supplementing the wetland plantings up to that point where the wall can't be constructed. CHAIRMAN STRAIN: Fifty feet off the rear corner of the house. Does that mean eastward or westward? MS. GUNDLACH: Parallel to the common property line. CHAIRMAN STRAIN: Well, I know it's -- MS. GUNDLACH: -- so it would be running along the common property line running from -- CHAIRMAN STRAIN: Let's put it this way: To the right or to the left? You remind me of Rich Yovanovich, because he can't get his directions straight either. MS. GUNDLACH: Well, we're going to be going from Logan Boulevard and we're going to be heading -- if we're facing Vanderbilt, we're going to be heading to the right, yes. CHAIRMAN STRAIN: That's east. That's what I was getting at. Okay. So your 50 feet, is it past the back of the house? MS. GUNDLACH: Yes. CHAIRMAN STRAIN: Okay. I think you need to reword number seven. If this is to survive, then I think seven needs to be reworded. And maybe before this meeting is over, you can supply us with some rewording of that language as to number seven. MS. GUNDLACH: I can do that. COMMISSIONER SCHIFFER: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: My packet didn't have a dimension survey in it. Is there one available? We have site plans but nothing with site dimensions on it. Obviously youre confused going that way. I was confused going the other way. MS. GUNDLACH: Would you like me to -- I have a boundary survey here. I could put it up on the visualizer. COMMISSIONER SCHIFFER: Or --okay. MS. GUNDLACH: It's kind of hard to read because it's so little. I was just saying it's a little bit difficult to read because the lettering is kind of little. COMMISSIONER SCHIFFER: Actually, if you could just pass it to me, I'll read it. I'll pass it Page 35 16 l B� January 18, 2007 down, Ray. CHAIRMAN STRAIN: By the way, the county zoning map that's included in our packet doesn't appear to have the lot line starting at the center of the roadway. It looks like it's starting at the edge of the exist -- of the original right -of -way, just for clarification. COMMISSIONER MURRAY: While Mr. Schiffer is looking at -- CHAIRMAN STRAIN: Yes, Mr. Murray, go ahead. COMMISSIONER MURRAY: If it turns out that there are wetlands there in an area where the wall cannot then be built, do you have an objection to the alternative, which is to create that curved wall and put that in place? MS. GUNDLACH: The reason I object to that is the only thing that accomplishes is screening a paved driveway. It doesn't screen a site, it doesn't mitigate for the impacts of developing this site and exposing that neighbor now to Vanderbilt Road. Because we all know when we clear out the exotics, we could have some gaping holes in that preserve area. COMMISSIONER MURRAY: Replanting would not be something -- that would be, I would imagine, costly. But if we are going to clear cut it, which is what I surmise is going to be the case, then what do we do to help that -- CHAIRMAN STRAIN: Bob, they're not going to clear cut it, they said they wouldn't. COMMISSIONER MURRAY: They're not going to clear cut? CHAIRMAN STRAIN: Right. They're going to -- they said they wouldn't clear the areas beyond the development area of the building. So -- COMMISSIONER MURRAY: Okay, let me -- CHAIRMAN STRAIN: Brad asked that early on in the meeting. COMMISSIONER MURRAY: I heard that and lost sight of it. But I guess where I was tangled up then is in where this area here where the wetland may or may not be significant or what. But my point would be -- if they're not going to clear cut it, that's fine. Okay. But my point is if the wetland -- now the wetland is not typically high growth, right? Or is it? MS. GUNDLACH: I'm not sure what you mean by high growth. COMMISSIONER MURRAY: Of fauna -- MS. GUNDLACH: Oh, okay, like shrubbery? COMMISSIONER MURRAY: Yeah, that -- MS. GUNDLACH: They're going to have to select -- their landscape architect's going to have to select a wet - footed species. COMMISSIONER MURRAY: I'm just concerned, I'm trying to understand and then I can make a postulation on it as to whether or not there'd be adequate cover. If the wall doesn't work, what do we do? You know, that was a concern I had. And that's where I'm going with it. So I hope I'm a little clear on that. So if they're not going to clear cut it, that would be good. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: Yeah, I hate to ask this question of Heidi, but I'm not sure where else to put it. But we do have the, hopefully, new criteria being set for how do we judge response times, how we build facilities between the fires. You know, we have Golden Gate just built theirs and North Naples is building theirs. And today, based on the criteria, we use this as necessary. And if that would change at the next AU1R, because we can accommodate and use fire departments' responses, and things shift and mend together, then we're building a facility we may not need is the only concern. Today we do need it. Will we need it next year or the year after that? Or maybe we can have -- accommodate North Naples Fire Department into this somehow so that Page 36 161 1 R� January 18, 2007 maybe we can all use that site. And I don't know how we pass that or make that happen, but my fear is we're passing things and building things that a year from now we may say, well, I guess our response times are changed in the way we judge them. MS. WILLIAMS: If I could respond, Commissioner Tuff. CHAIRMAN STRAIN: Sure, go ahead. MS. WILLIAMS: I can certainly understand that you want to make sure we're being efficient in where we're locating facilities. And I can assure you that EMS wants that as well. Right now AUIR is a concurrency tool and EMS looks at their actual real -time response rates. Right now they have many calls where they exceed an acceptable response time in this area. And so they do feel it is very necessary right now, and they feel that it will continue to be necessary in this location. COMMISSIONER TUFF: But what's not included in those times, which was mentioned at that meeting was that the fire department is there and they have EMS - certified people that are administering the need. And then the EMS comes in and cleans up afterwards. MS. WILLIAMS: I don't believe they transport. So perhaps Chief Page would like to respond to operational issues. CHIEF PAGE: Could you repeat that last statement? COMMISSIONER TUFF: Yeah, just that the fire department possibly is getting there ahead of EMS and they have personnel on hand to administer to this person that's in need, and then so when the ambulance comes they do take him away if necessary. But in the meantime, there is a certified person helping that person, but it's not in your statistics of need on this. You had -- you know, your criteria today, this meets everything. But will it if they change that? Because they're going to implement the fire department's response to those -- at least that's what was asked for -- to implement their time. They're there, I'm here, we can help this person and -- CHIEF PAGE: Well, there is no fire station that's any closer than we are in that area. COMMISSIONER TUFF: And I know this can't be answered today, but I guess I just don't want it to go away. The fire department from Golden Gate or North Naples is going to be there, wherever this call is at. So they're showing up there, and they have personnel possibly on their truck that can do everything that EMS can do except transport. CHIEF PAGE: Golden Gate does not. COMMISSIONER TUFF: Golden Gate does not? CHIEF PAGE: They do not have an ALS engine. And this is Golden Gate's district, so -- COMMISSIONER TUFF: Okay, that's the question. CHAIRMAN STRAIN: Okay? Any other questions of -- COMMISSIONER SCHIFFER: Yeah, I have a question of the applicant. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: I have a question of Nancy, I'm sorry. CHAIRMAN STRAIN: She's staff. COMMISSIONER SCHIFFER: She's staff, right. CHAIRMAN STRAIN: She's staff for now, yeah. COMMISSIONER SCHIFFER: Nancy, at the neighborhood meeting, were you there? MS. GUNDLACH: Yes. COMMISSIONER SCHIFFER: What was the fear of the fire department? What was the concern there about? MS. GUNDLACH: Fear of devaluation of property values. Primarily I think they were concerned Page 37 1 2n ary 1 AA7 about the noise and the sounds, the impact of something like this in their neighborhood. They definitely would have preferred that it went to another location. There was a lot of time spent on where they wish it would be. COMMISSIONER SCHIFFER: But the concern there, the stipulation that it not ever be a fire station or not allow firefighting vehicles there, was that brought up, or is that something -- I mean, EMS and a fire station is not that much different. Maybe two feet of door. MS. GUNDLACH: I don't recall that being brought up. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Brad, I think my comments about it not being -- being limited to EMS was for this conditional use. If there's ever a suggested change, they need to go back through the process and duly notify the public that they're going to have a more intense use or additional uses there besides EMS. COMMISSIONER SCHIFFER: Wouldn't they have to do that anyway? I mean, if we approve a 5,000 - square -foot building EMS and they wanted to add some bays and a dormitory for the firemen, wouldn't they have to come back anyway, Ray? MR. BELLOWS: That's correct. COMMISSIONER SCHIFFER: So I think, you know, the stipulation prohibiting it, it gives the illusion that there was a problem here. Since they have to come back for public hearing anyway, let's let them deal with it at that time and not, you know, put a stigma -- CHAIRMAN STRAIN: Well, I think the stigma is well deserved, so I have no problem putting it there. So I guess we'll deal with that in stipulations. Are there any other questions of the applicant or the staff at this point? (No response.) CHAIRMAN STRAIN: If not, Ray do we have any public speakers? MR. BELLOWS: Yes, we have two registered speakers. The first is Thomas Torrella, to be followed by Stephen McCann. CHAIRMAN STRAIN: I've got to ask you if you'll come up to one of the podiums and try to limit your discussion to five minutes, please. And I've got to ask also, were you sworn in by the court reporter earlier? You'll have to be sworn in. There's a gentleman behind you, too. (Speaker was duly swom.) MR. TORRELLA: I'm Thomas Torrella and I had the fortunate honor to live in that property for 20 years. Nobody wants to live there and raise a family on that comer because it's noisy. And I'm concerned that there's a lot of people out here who you don't hear from that tend to approve things. They don't attend the meetings. I approve this project. The greasy wheel -- the squeaky wheel gets greased. So I'm here to squeak that we need that EMS station. I did run a business for 20 years while I lived there, and had three employees. We came and went. It is a problem in the morning during rush hour. The rest of the time it is not an issue. When you come out, you want to go east on Vanderbilt, that's never been an issue. However, going left on Logan to Pine Ridge, you got people that are inconsiderate and don't want to stop and let you out. As a citizen, that's why I'm here, we'll benefit from having the medics stationed in our neighborhood. I moved off of 7th Avenue and Webber. My backyard is still Vanderbilt so I'm still being impacted. One person opposes this project that I'm aware of. Wanting that wall. When I lived there, they wanted a wall as well. It won't affect property values. I've watched values adjacent to other emergency stations, and they '.: Jana 18,�' haven't gone down. None of them. Show me some that have decreased in value. I am a firefighter with the City of Naples. I am a paramedic. We are good neighbors. Our stations are clean, they look as good as anybody's home. And I'm a taxpayer. And I want to see my tax dollars spent wisely. So that's why I decided to come down today. I imagine impact fees will pay a lot of this -- for this building. I don't know. It's the first time I've been here. I do not think that that wall is going to make a difference. That noise on Vanderbilt, especially when you six -lane it, is going to be a whole lot noisier. The second signal, the only time it will be effective is if they want to go south to Pine Ridge. But I don't know the district lines and I don't know what they're doing. But most of the time when people see you respond, they give you the right -of -way. And that's all. CHAIRMAN STRAIN: Thank you, sir. Next speaker, please. MR. McCANN: Mr. Chairman, Steve McCann. I'm here representing Lorraine Stevenson who resides at 630 Logan Boulevard North, which is a couple properties south of this site for EMS. She's opposed to it. She fears the noise. She also, maybe not to say it's going to depreciate or decrease the property values, but that it will negatively affect their appreciation. At the neighborhood meeting, as was mentioned, many of the people were opposed to the project. I don't know if you've ever put one of these facilities in the Estates as a conditional use. But one of the criteria, the noise -- in the ordinance, the Land Development Code, it discusses having to address that and the economic effect on the neighbors of allowing the conditional use. When I saw in the staff report that there's only five trips a day anticipated from this location, I wondered if it was really needed. I think probably at some point maybe there will be a lot more trips; the impact on the neighborhood will be a lot greater. My client and others at the meeting preferred a location closer to 951 and Vanderbilt, that they're going to be particularly aggravated I guess when they hear the siren leave this property to go to 951 and Vanderbilt. I don't know if this violates any policy on locating fire stations and EMS stations together, but they don't want to follow that policy. They do not want a fire station in this location in addition to the EMS site. And as far as the egress onto Vanderbilt Road heading east, it seems that that would do something at least to help reduce the noise. You wouldn't have the vehicle going out onto Logan through the traffic light to the north and then heading east. And that might be something that would reduce the impact on the neighbors so that they wouldn't have to hit the siren to get out of the facility. Any questions? CHAIRMAN STRAIN: No, sir. Thank you for your time. Last of the public speakers, Ray? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Is there any closing comments by the applicant? MS. WILLIAMS: With your permission, I'd like to just respond to a couple things. CHAIRMAN STRAIN: Sure. MS. WILLIAMS: We have a conceptual plan that was -- that Nancy highlighted, and that was an earlier rendering. The preserve line was moved based on a review comment by environmental staff. And the area did not change but it was shifted around a little bit so that they could have a little different configuration anticipating a landscape buffer. We will reiterate, we do not intend to clear cut anything that's not delineated as a preserve here. And I'd like to show you also an earlier concept plan. I don't believe this was submitted to staff, because it is an estimated wetland line. I've highlighted it here. This is not South Florida Water Management District verified at this time, but it is based on the Page 39 161 B January 18,2 007 FLUCCS map and based on site conditions where we believe the wetland line will fall when it is verified. You can see how close that is to the impacted area. That is why we have such a difficult time with the wall requirement. We certainly want an adequate buffer. We do not feel that we can accommodate 267 feet without having a wetland impact. The wetland line could be in a different location, but this is where we expect that it would be. And if you would be able to consider this during your discussion, we'd appreciate that. I think that's really the extent of my comments, and we thank you very much for your time and -- CHAIRMAN STRAIN: Okay, Mr. Midney? COMMISSIONER MIDNEY: Yeah, could you sort of reiterate again for us what kind of buffering you're proposing right now? MS. WILLIAMS: Sure. The Land Development Code requires a 15 -foot wide Type B buffer. And we intend to comply with that. The Type B buffer provides an option of a wall or a hedge. We would propose that the wall be provided along the retaining wall that we propose for the site. It is at the edge of the pavement and goes up to the building. We would propose a wall there, and then the remainder would have all of the other vegetation that's required by that Type B buffer. COMMISSIONER MIDNEY: I mean, to shield that house, what buffering on that side of your property? MS. WILLIAMS: It has to be a Type B buffer. And you can either use material within the preserve, if it's adequate. And if it's not adequate, you have to enhance that to the Type B standards. And we would be required to do that by code. CHAIRMAN STRAIN: Thank you, Heidi. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, just a question because it never came up. The neighbor to the south, Ray, have they ever via writing, via neighborhood meeting, via anything, voiced an opinion on this? MS. GUNDLACH: Not that I know of. COMMISSIONER SCHIFFER: Thank you. MR. BELLOWS: And for the record, that was Nancy, not Ray. CHAIRMAN STRAIN: Nancy, while you're here, we had asked you about the further defining number seven in regards to the wall. But I also want to ask you about the wetland lines. I think it was just indicated that the wetland lines are much closer to the buildable area than we had previously thought. But those are wetland lines established by staff. I know South Florida establishes wetland lines, too. How did the two coincide on this particular location; do we know? MS. GUNDLACH: 1 believe that the wetland lines are set by either the Army Corps of Engineers or South Florida Water Management District. CHAIRMAN STRAIN: I thought Heidi just indicated these were determined by staff. Maybe I need a clarification on that. MS. WILLIAMS: Heidi Williams, for the record. I'm sorry, that wetland line is one that we used based on the FLUCCS map that is based on our protected species survey and some of the engineering information and site conditions. So it wasn't created by staff. We had that as one of our work products. And it would be verified by South Florida Water Management District in the future for the site plan. CHAIRMAN STRAIN: How close are your lines generally in line with South Florida's? MS. WILLIAMS: Michael Delate is an engineer in our office and he's indicated that they're very 161 1 {� i January 18, 2607`" close many times. CHAIRMAN STRAIN: Thank you. Nancy, did you come up with some fresh language? MS. GUNDLACH: Yeah, I came up with some fresh language, but it's going to obviously be changed by what was just disclosed within the past five minutes. CHAIRMAN STRAIN: Well, it's on the fly here. MS. GUNDLACH: I can share with you what I have. And it's close. Here's what I have: It is intended that a six -foot high concrete wall shall be constructed within the 15 -foot buffer along the south property line to a point that is 50 feet east of the residential house. Then I put in parentheses, to the south. If the wall cannot be constructed due to the presence of jurisdictional wetlands -- that's jurisdictional wetlands -- then shrubs shall be planted that achieve 100 percent opacity between zero and six foot height. And then I added, in addition, the wall shall be set back a minimum of three feet from the edge of pavement along the driveway and planted with a three -foot hedge at three feet on center. Obviously the wetlands might impede upon that. CHAIRMAN STRAIN: Okay. They're not going to clear the back of that lot or past the structure. It's all possibly wetlands. Your wall's going to go somewhere starting around the right -of -way of Logan. And it will go for a while, it may be 50 feet, it may be 100, it may be 200, but at some point it will stop because of the wetlands. And I understand that part of it. Then you get into this additional plantings. If the entire back side is not cleared, what are those plantings you're asking for needed above the buffer requirements that would be standard? MS. GUNDLACH: Okay, those were going to be in lieu of the buffer requirements. Because the buffer requirements are a little different. A Type B buffer, you have two years to achieve 80 percent opacity to -- CHAIRMAN STRAIN: Right. That's what I thought. But if you've got -- the 80 percent opacity for a two -year achievement is within a 15 -year buffer -- 15 -foot wide buffer; is that correct? MS. GUNDLACH: Correct. CHAIRMAN STRAIN: You've got 165 -foot wide of uncleared area. So why is the opacity of a 15 -foot wide buffer a necessity when you've got 165 feet that could probably accomplish the opacity that you're looking for? MS. GUNDLACH: If it does, then the buffer would not be required. CHAIRMAN STRAIN: Well, how do we determine that? MS. GUNDLACH: You don't really know that until we get there, until they clear the site and they start constructing it. Typically on landscape plans, they'll put a note to that effect on the plans. CHAIRMAN STRAIN: I'm a little puzzled, because I don't see the need to go to the opacity within the 15 -foot buffer if you've got the benefit of all that uncleared property. Why expend the money when it's not needed? MS. GUNDLACH: Okay, I see what youre saying. Then perhaps it should only be stated if -- what I'm trying to do is I'm trying to get the opacity sooner than two years from after the certificate of occupancy. But you do have the option. CHAIRMAN STRAIN: Well, I'm -- as far as the -- I think the wall is a necessity up to the delineation lines, and after that the standard buffer would seem to apply, because you've got the wetland protection there for it. That's my thoughts on it. I'm not sure why we need to go farther than that. So anybody else have any thoughts? Page 41 Jan U i Jan uary 18, 7 (No response.) CHAIRMAN STRAIN: No? Okay, anything else, Nancy, or are we -- MS. GUNDLACH: That's all. CHAIRMAN STRAIN: So to summarize number seven, because we're going to have to make a motion involving these stipulations, let me try paraphrasing it for you. In addition to the required landscape buffer, the applicant shall provide a continuous six -foot high wall along the south property line for a distance that continues to the beginning of the wetland lines, as determined by South Florida Water Management District, not to exceed in any case 267 feet. MS. GUNDLACH: That's very good. CHAIRMAN STRAIN: Will that work? MS. GUNDLACH: Uh -huh. CHAIRMAN STRAIN: Now, with that, if there's no other speakers, Ray, we will close the public hearing and entertain a motion for this conditional use. Mr. Midney? COMMISSIONER MIDNEY: Yeah, I would like to move that we move Petition CU- 2006 -AR -10550 to the Board of County Commissioners with a recommendation of approval with the omission of staff recommendations three, four and seven. COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: Okay. Motion's been made by Mr. Midney, seconded by Commissioner Adelstein. And I wanted to ask the two of you for some discussion. Three and four I think was -- we discussed that and that's a transportation issue I think more than an EMS issue, and I fully agree that's correct. But number seven, in lieu of the fact we've out up some -- COMMISSIONER MIDNEY: Yeah, I'm song. CHAIRMAN STRAIN: -- unclean language, would you accept the modified language of number seven? COMMISSIONER MIDNEY: Yes, that's what I meant to say. CHAIRMAN STRAIN: Okay. So seven is back in but with the last rendition of the modified language. During the discussion we had two other issues come up that they would add a note to the site plan showing their clearing limits, and it would be in line with the building's buildable area and the development area. Is that an acceptable stipulation? COMMISSIONER MIDNEY: Yes. COMMISSIONER ADELSTEIN: Mine as well. CHAIRMAN STRAIN: Okay. The motion maker accepts it, so does the second. The other two things: The door heights would be limited to what they spoke of in the neighborhood informational meeting, which was 12 feet in height. Is that acceptable to the motion maker and the second? COMMISSIONER ADELSTEIN: Yes. COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: And the last one, and I know that Mr. Schiffer doesn't agree with this, so I'm going to -- I saved it for last, is that this site be limited to use for emergency medical services only. COMMISSIONER MIDNEY: (Nods head.) COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN STRAIN: Mr. Midney, the motion makers agrees with it, Mr. Adelstein agrees with it. Page 42 Janu6 1l 8, q ary 0 ' Now, is there discussion on the motion with the stipulation? COMMISSIONER SCHIFFER: And to the motion maker and the second, look at item number two. It really clearly says that you can't increase the use of this site without coming through the conditional use process again. Why is the stigma that you can't have a fire thing necessary? What is that doing? I mean, if you didn't put that in you would have the same thing that you have if you did put it in, with the exception that a future board might look at that as if that was an issue. It wasn't an issue with the neighbors, so why are we making it an issue? CHAIRMAN STRAIN: But my reason for suggesting it is it wasn't an issue with the neighbors because they didn't believe it applies. And I think that there is a difference of intensity and uses any time you change it. And I think it would be helpful to the public to make it very clear that this isn't going to be anything but an EMS station. So that anybody in the future that wants to come in and do a similar action knows they might anticipate similar clarity. That's just a benefit to the public. COMMISSIONER SCHIFFER: But when the fire does want to come in here, they'd be having the public process just like we have now, and that's when it would be discussed or denied. CHAIRMAN STRAIN: Then that's when -- COMMISSIONER SCHIFFER: Why are we creating, you know -- again, the stigma isn't necessary to me. COMMISSIONER MIDNEY: Well, I think because the applicant hasn't requested that. COMMISSIONER SCHIFFER: Well, the applicant hasn't requested video game rooms and everything else in the world. And why are we not -- why do we choose that no fire is allowed when anything that's different than what they show would have to have a public process? CHAIRMAN STRAIN: Brad, I strongly believe that that clarification is needed. I think that in the future changes could be made that allow essential services to be expanded. I'm not sure how it could fit in. But this makes it very clear, if there's fire uses there they simply got to come in for another public process. COMMISSIONER SCHIFFER: Well, Mark, let me ask you this: Could we take like a straw vote of the -- how many people on the panel think that? I mean, I would hate to vote against this just because of one of the conditions. So -- CHAIRMAN STRAIN: I don't have a problem with that. Who would like -- who has -- Brad does not feel that the stipulation that this shall not be used for fire service should be added. Who agrees with him on that? COMMISSIONER TUFF: (Indicates.) COMMISSIONER MURRAY: I've got to weigh in, only because it's not a question of agreeing or disagreeing until I would know and see a radius and see where fire department is and so forth. And in theory, I can appreciate the desire to always leave a door open, but the conditional use process is there. So I'm going to just state it with that and remain aloof, I guess. CHAIRMAN STRAIN: Let's just go back to what we started with. Mr. Tuff, you agree with Mr. Schiffer? COMMISSIONER TUFF: Uh -huh. CHAIRMAN STRAIN: Anybody else? COMMISSIONER SCHIFFER: Well, I do. CHAIRMAN STRAIN: Well, I hope you do, youre you. Okay, that's your straw vote. Now, we'll call -- is there any other discussion on the motion with the stipulations as previously recommended by the motion maker and the second? (No response.) CHAIRMAN STRAIN: Hearing none, we'll call for the vote. Page 43 161 l� January 18, 2 07 All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9 -0. Thank you. Okay. There is a form in the back of your packet -- I shouldn't say in the back -- a few pages back involving this conditional use that we need to fill out, each one of us, and turn it in. Okay, the paperwork shuffle is completed. Just so everybody knows, we usually take a break around 11:45. I'll try to keep to that today. Is that okay with everyone on the commission? Item #8D PETITION: PUDZ- 2005 -AR -7820 Okay, the next petition is PUDZ- 2005 -AR -7820. It's the Habitat for Humanity of Collier County, represented by Laura Spurgeon with Johnson Engineering, and it's for a mobile home overlay district. And it's called the Kaicasa RPUD, and it's on the south side of Immokalee. And would all those wishing to provide testimony today please rise and be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Thank you. Disclosures on the part of the planning commission. I had a meeting with Ms. Spurgeon and -- what's your last name -- Mr. Hagan, yesterday or the day before. We discussed some of the issues, all of which will be rediscussed today. Mostly language changes and issues like that. With that, we'll move into the applicant's presentation. MS. SPURGEON: Good morning. My name is Laura Spurgeon, for the record. I'm a senior planner with Johnson Engineering in Naples. I am here representing Habitat for Humanity of Collier County. Also with me is professional engineer Chris Hagan, ecologists Peggy Grant and Kim Buckley. Sam Durso and Mary Ann Durso are here from Habitat for Humanity. And also our traffic engineer is Reed Jarvi of Vanasse Daylor. I'll give a quick overview of the project location and the zoning request, and then we'll be happy to address any questions that you have. On the monitor is the project location. As Mr. Strain described, it is in the southeast section of the Immokalee urban area. Habitat for Humanity is requesting a rezoning of this 100 -acre site. The site fronts State Road 29 and is located in the urban designated area. 161 January 18, 00q The site abuts Farm Workers Village and is currently undeveloped. To the north, east and south is also undeveloped land. I'm going to put the site aerial on now. You can see the neighborhood. And the triangular shape is Farm Workers Village. And the Habitat site is the 100 acres adjoining that. The Immokalee future land use map designates the site in the high residential category, which entitles up to eight dwelling units per acre. With an affordable housing density bonus, the site is eligible for up to 16 units per acre. The site is currently zoned rural agricultural with a mobile home overlay. Habitat requests a residential PUT) zoning with only four units per acre. That will consist of 400 affordable housing units on the site. Because no bonus density is needed here, you will not see an affordable housing bonus density agreement in your package. However, Section 5.4 of the RPUD document spells out that there's a commitment for 15 years, at least 15 years that these units will be occupied by people making at or below 60 percent of the median household income. Now I'll put up the site plan. We do anticipate fee simple ownership in the form of two - family or four -plex building types. The site plan shows that the neighborhood is designed primarily with attention to the environmental conditions of the site. The site plan shows a preserve including 22.5 acres of wetlands, which is about 80 percent of the existing on -site wetlands. Total native vegetation preserve is over 30 acres, exceeding county LDC requirements. The design is laid out this way as a result of both the county staff and the U.S. Fish & Wildlife Service staff input. Your package included a traffic impact statement that indicates that no level of service deficiencies result from this project. Turn lanes are the only required improvements, which will be provided. The water management system is designed with on -site lakes, and it will meet all county and district requirements. I just went to add, as you know the Immokalee area master plan is going through an update process. There have been a series of public workshops. The draft documents to update the Immokalee area master plan are dated November, 2006. The sub -area that encompasses this project is slated for more residential development, so we're consistent with that. And there's also proposed housing language in that hmmokalee area master plan that speaks strongly about the need for affordable housing, which is in line with what we're proposing. We read the staff report and we appreciate staff s recommendation for approval, as well as the Environmental Advisory Council's unanimous recommendation for approval. We do concur with all of the EAC stipulations in the staff report. However, there is one point of clarification I want to make. On Page 4 of 6 of your staff report, the engineering and stormwater management stipulation is listed. The staff is requesting that base flood elevation approval be obtained from FEMA prior to ever submitting for a development order or PPL. We do not want to hold up just getting the application into the county, so therefore we request that stipulation just be changed to state that base flood elevation approval shall be obtained from FEMA and submitted prior to approval of final development order, rather than prior to just getting the application in to the county. CHAIRMAN STRAIN: You realize that FEMA elevation that dictates your house pads also dictates the storm events that set your road, humps and sumps in regards to how the road is configured. So if you do a PPL prior to knowing that FEMA line and staff wastes their time reviewing it and the FEMA Page 45 comes out even a half inch difference, you're going to have impacts on your entire PPL. I mean, I'm not trying to hurt you in regards to timing, but I don't see what was -- from either an expense viewpoint as far as the applicant goes for redoing things numbers of times or for reapplication to the county. I think you'd be much wiser getting your FEMA line known before you go into the county with all those calculations and design drawings. MS. SPURGEON: I think that has been contemplated. I'm going to have Chris Hagan get up and address exactly how we're prepared for that. MR. HAGAN: For the record, Chris Hagan, Johnson Engineering. The FEMA study that's being done right now for this vicinity is being handled by the county through Tomasello. I'm sure you all are familiar with that design engineer. We are -- in this case we believe that the FEMA elevations will set finish floor for the buildings but won't affect the storms because the regional hydrology is such that we wouldn't expect extreme high events beyond the regular flooding. In other words, what I don't believe is that there's as much of a risk for the roadway hump and sump as there is for the finished floors. The finished floors, generally speaking, in this area are going to be dictated more by the storm events that the District will require than anything FEMA or the flood insurance rate maps will set. We've been finding pretty consistently by utilizing the control elevations that we have and the historic information in the area, that we'll be in excess of what FEMA will come up with. CHAIRMAN STRAIN: And you do realize if you change your -- if FEMA requires you to change your elevations at all, you're going to have to redesign, go back through the process, pay the reapplication fees, and spend a lot of money that usually Habitat is very concerned about, I would assume, in all cases. MR. HAGAN: Correct. But if we wait for FEMA, this FEMA study could take another six to nine months to finish, according to my last discussion with Tomasello. If we can't even submit until that time, that sets the whole clock back that six to eight months. We understand the risk, and we know we're moving forward with some risk, but we can't afford to lose that much time. I believe the risk is minimal, and that's the way I've discussed it with my client. We've been in touch with Tomasello so we won't be surprised when his report comes out. CHAIRMAN STRAIN: Are you already working on your PPL drawings? MR. HAGAN: Yes, we are. CHAIRMAN STRAIN: You're going to have some time involved in those. But if you've already started, that makes it up. Ms. Caron? COMMISSIONER CARON: Could you just read how you'd like that rephrased? MR. HAGAN: We would like to just have the FEMA requirement become a stipulation of final PPL approval, as opposed to being done before PPL submission. FEMA in this case would be very much like getting a Corps or a District permit where it's a final requirement before final issuance from the county. CHAIRMAN STRAIN: Thanks for the clarification. I didn't mean to interrupt your presentation. MS. SPURGEON: No, it was at the wrap -up stage. I've covered all the issues I wanted to. And we are available for questions. Thank you. CHAIRMAN STRAIN: Before you go into questions, in our discussion that I had with you all, typical to other comments that we have had on this board, the ambiguous and fluffy language in the compliance statement part of the PUD, a lot of that now has been cleared up and you had e- mailed a corrected copy. But not everybody here may have gotten it. I did get it. Do you have that available for handing out? MS. SPURGEON: No, I didn't want to -- I wanted to just demonstrate that we understand your request, but I don't have complete copies. 161 181 January 18, 2007 CHAIRMAN STRAIN: We'll have to walk through those strike -outs and suggestions so the rest of the panel can weigh in on them as well. Are there any questions at this point of the applicant? Mr. Schiffer? COMMISSIONER SCHIFFER: Small questions. In the development standards here on Page II -2, you're putting in there how to measure building height, and I think that's exactly what's in the code. Is it exactly what's in the code? In other words, what I'm afraid of is that something -- you're mentioning it -- CHAIRMAN STRAIN: Do you have a page reference? COMMISSIONER SCHIFFER: Yes, II -2 in the PUD. It's the development standards Table 2. It's footnote six. CHAIRMAN STRAIN: I've got III -2. COMMISSIONER SCHIFFER: III -2, I'm sorry. MS. SPURGEON: I think it's Roman numeral III -2. That is correct, that that language was pulled from -- COMMISSIONER SCHIFFER: So there's no change. I mean, we can take it out, but there's no change intended there? MS. SPURGEON: Correct, it's just for clarity. COMMISSIONER SCHIFFER: The next question is, and you've kind of showed in your studies that the sheet flow on this is kind of a southeasterly. When you berm up your property, will that be pushing water around your property? And if so, isn't there a way that you could put some inlets at the north and into the lake that would actually allow that to come through your property at a lower elevation than your fill area? MS. SPURGEON: I'll have Chris Hagan describe the stormwater management. CHAIRMAN STRAIN: Pursuant to the discussion that I had with both of you, I had asked that you bring in the stormwater design for Farm Workers Village so you could show us how you're handling that. And this would dovetail with Brad's issue. MR. HAGAN: In my briefcase I do have the staff report and final permit for the latest revision to Farm Workers Village. Could we have the aerial please, Ray? Thank you very much. Farm Workers Village discharges all of its water into that central green band that you see that kind of divides it in half. The newest addition is that bottom triangle. And that has 100 percent retention with discharge directly into 29. So that all the water from Farm Workers Village is directed in this case almost due east into 29. We have a shared berm agreement along our eastern -- or excuse me, western boundary, our shared boundary with Farm Workers Village. So we're actually going to share our berms. They don't have any pipes or overland flows discharging into our subject site. So the only water that would enter our site would be along the very extreme northeasterly corner. And we have got -- I mean that's very minimal. And we're berming it to route it around the exterior. We hadn't anticipated running it through the project because it is pretty minimal. And that's a single owner that wraps all the way around us to the north and to the east. And we assume that they'll be able -- they're going to come forward with some type of development use and they'd be able to accommodate it at that time. COMMISSIONER SCHIFFER: Thank you. I'm done. CHAIRMAN STRAIN: Any other questions of the applicant? Mr. Murray? Page 47 3 19 January 18, 2007 COMMISSIONER MURRAY: I have a number. Is mosquito control out in that area? Do we have that? Do we know? COMMISSIONER MIDNEY: Yes. COMMISSIONER MURRAY: The answer is yes? COMMISSIONER MIDNEY: Yes. COMMISSIONER MURRAY: Thank you. Will there be an association? MS. SPURGEON: Yes. COMMISSIONER MURRAY: With regard to safety, does Farm Workers Village have a store? MS. SPURGEON: There is a small convenience -- COMMISSIONER MURRAY: They do have a store. MS. SPURGEON: -- store, yes. COMMISSIONER MURRAY: So if anybody were to leave the proposed development, the furthest that they would have to go is to Farm Workers Village to pick up basic staples? Is that a fair statement or conjuncture? MS. SPURGEON: That's a fair statement, yes. COMMISSIONER MURRAY: I mean, it's not restricted in Farm Workers Village to those people that live there, right? MS. SPURGEON: Not to my understanding. COMMISSIONER MURRAY: The road there is rather narrow, if I recall correctly. And I don't remember any bicycle lanes. There may be but I don't remember seeing any. I'm just wondering about the safety along that corridor. MS. SPURGEON: Are you referring to State Road 29? COMMISSIONER MURRAY: Yes. MS. SPURGEON: Correct, there are no pedestrian facilities along State Road 29 for bike. COMMISSIONER MURRAY: Could you give me just an estimate of the distance from, say, the center line of that as the triangular piece of the property, from there into the main area of Immokalee? What would you say, two miles, three miles? MS. SPURGEON: Measuring from -- can I -- COMMISSIONER MIDNEY: Two miles. COMMISSIONER MURRAY: Paul's got the information and I'll accept that. He lives there. Two miles, thank you. These are going to be a four -plex, I understand. MS. SPURGEON: Correct. Yes. The PUD is structured to allow single, two- family and multi - family. COMMISSIONER MURRAY: Because that's a departure -- as we know, that's a departure from the norm that has been the case. And the ownership is fee for what, the apartment? MS. SPURGEON: No, we anticipate fee simple ownership of the piece of property and unit above. Essentially single -- COMMISSIONER MURRAY: Four -plex would be one person on top of another, one family on top of another, right? MS. SPURGEON: No, it's actually a vertical -- COMMISSIONER MURRAY: Oh, it's a horizontal four -plex, not vertical? MS. SPURGEON: Right. Horizontal single - family attached kind of format. COMMISSIONER MURRAY: That gives me a better picture in my mind, okay. 16 1 1 q, January 18, 2007 Will they have some space in the rear when they -- how much of the lot is going to be -- a zero lot line to the house, or will they have some space for them to sit outside, a patio or whatever? MS. SPURGEON: There will be front yards and year yards, yes. COMMISSIONER MURRAY: There will be what? MS. SPURGEON: Front yards and rear yards. COMMISSIONER MURRAY: Front yards. MS. SPURGEON: Correct. COMMISSIONER MURRAY: And not intended for parking. That would be a yard, right? There would be -- are there garages? MS. SPURGEON: The garages are not stipulated in this particular PUD. And we could discuss that, if it's the desire of the board to require -- COMMISSIONER MURRAY: I don't know whether I want to discuss that. We'll see. But what I'm concerned about is I happened to have seen some pictures of Victoria Falls, that I saw some things that we want to stay away from. Issues such as trucks parked on the lawn and other issues where the place is not as nice as it could be. And I'm concerned with the number of people that you're putting in there, whether or not that we would create a problem. And that's all conjectural. But the drainage which Mr. Schiffer brought up also occurred to me is that there seems to be -- we know that in the future issues regarding water, where it's going to go, are going to become more and more of a problem. And while I saw the documents here that show the flow, we end up with these little lakes, but no indication that the flow is doing anything more than going around. And I don't know that I heard your answer to Mr. Schiffer. Was what? I'm not really clear on what that result was. MS. SPURGEON: Chris Hagan again is the engineer who can address any -- COMMISSIONER MURRAY: That would be fine. I would like to understand it. I didn't necessarily hear it before. I want to have it clear in my mind. Chris, is the water -- are we actually blocking that water? You said something about a common berm or something, and I couldn't -- MR. HAGAN: Let's go with the aerial again. COMMISSIONER MURRAY: Anything that will give me visual would be good. You mentioned triangles, but you didn't point to where they are. There's one in -- go ahead. MR. HAGAN: Farm Workers Village, the original phase were these -- COMMISSIONER KOLFLAT: Microphone. MR. HAGAN: -- two parcels here. CHAIRMAN STRAIN: Chris, you've got to use the microphone. MR. HAGAN: Oh, I'm sorry. These were the original phases of Farm Workers Village. And they provide dry retention, and they discharge into what -- you can see this green swath through here is the outfall channel into State Road 29. The little triangle here was the latest and last edition to the South Florida Water Management District permit for Farm Workers Village, which has 100 percent retention with discharge also to State Road 29. As part of our design for Kaicasa, we've negotiated with Farm Workers Village to share a perimeter berm here. Because of these three basins being separate with Farm Workers Village, they each have their own perimeter berm. What we've done is we've basically shared it on this side. They have no flow coming onto us, we'll have no flow going onto them. All of our flow will be directed in a southwesterly pattern. And the pattern that we've derived is based on pre - application meetings with the South Florida Water Management District to keep those existing wetlands on -site hydrated and maintain the historic �f , lg� January 18, 2007 flowways. COMMISSIONER MURRAY: That's the reason why I asked the question about the mosquito control, because I see there's a great deal of water on these properties, and I wouldn't want to think we've put people where it would be very, very uncomfortable to live. And that would be the one issue. What's the height of the buildings we're going to put up here? 30 feet, 35, 25? MS. SPURGEON: The development standards table describes heights consistent with the LDC requirements. COMMISSIONER MURRAY: Okay. MS. SPURGEON: The maximum building heights of 35 feet and two stories. COMMISSIONER MURRAY: So are we going to have two stories or are we going to have single story? MS. SPURGEON: The entire development plan is not finalized yet, so the flexibility is built into the PUD. If two stories is more efficient use of the property to accommodate the remaining preserves, water management, things like that, there could be two story townhouse -type units. COMMISSIONER MURRAY: But they would still be four -plex? MS. SPURGEON: Yes. The form is more preferably appropriately termed single - family attached. But four describes the number in one building. COMMISSIONER MURRAY: Yes, I understand you. All right. And so you really don't have a plan yet. But the 400 would not change? MS. SPURGEON: Correct, 400 is the maximum. COMMISSIONER MURRAY: I think I might have one more. Well, I did note that on Page 3 of 3, I know that this is the staff report, but I'm coming from that because it does say, findings, the RPUD document has utilized GMP requirements to ensure the proposed development shall accommodate expansion. Expansion to what? So if you're saying 400 is the max, are you going to go beyond 400? That's the question I asked and you answered. But I'm wondering what expansion we're talking about. MS. SPURGEON: Please tell me where you're reading. COMMISSIONER MURRAY: Well, it is in the staff report, and perhaps I can pose that to the person who wrote that report. But that's what provoked my question about how many people. And especially since you're indicating you may change the format of the structures. MS. SPURGEON: Right, our PUD request is for 400 units. If any changes ever occurred, it would have to come as a PUD amendment. We do not anticipate that. We request 400 units as a maximum. And considering the site conditions, that is all that can fit on the site. We do not propose any expansion. COMMISSIONER MURRAY: Okay, last question. I know you probably have it. And just for the record, is the front, if you will, front setback from a road or exit -- internal road to the line of the building is how many feet? Twenty -five? MS. SPURGEON: The front yard setback is set at 20 feet. And if garages are used, the requirement that the county uses is 23 feet from the sidewalk. COMMISSIONER MURRAY: Right, but you don't plan on necessarily putting garages in. So we have 20 feet. So if we ended up with a lot of cars parked all over the lawns, we just have a row of vehicles lined up all over the place. Maybe garages should be considered. Okay, thank you. CHAIRMAN STRAIN: Mr. Adelstein, then Mr. Vigliotti. COMMISSIONER ADELSTEIN: This is what I've done quite often with Dr. Durso. It is my understanding that we will get garages; is that correct? I mean, we'll insist that we get garages. MR. DURSO: We are not allowed to do garages unless you require them. Page 50 161 10, January 18, 2007 COMMISSIONER ADELSTEIN: I require it. MR. DURSO: That's okay. COMMISSIONER ADELSTEIN: And that the driveway be 23 feet. MR. DURSO: That's fine. And actually, as far as the product, you know, ideally we would continue building single - family detached homes. We can't do that anymore; the land is too hard to get, it's too hard to develop. We think we've been very successful with the attached duplex product that we already have about 100 built. We're going to experiment in this development. And we are forced to do four - plexes. Most likely most of them will be one -story. We don't like building two -story because our volunteers, the average volunteer is 78 years old. But we'll probably build some two -story, because I think it will look nicer. And what we might do in the two -story is have a single -story on the outside units and the inside units, some of those be two stories. We've got some architects drawing plans now. We want something that's going to look real nice there. But this would be our chance to have both type units there, okay. And we still might, if we could fit them, could still do a couple attached villas in there. The density is still only 400 units, it's four units per acre, which is the same density we used to use when we did single - family detached residences. But in this property there's a lot of environmental issues, so we're only using some of the land. CHAIRMAN STRAIN: Mr. Adelstein, does that answer your question? COMMISSIONER ADELSTEIN: Yes, it did. CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Kolflat. COMMISSIONER VIGLIOTTI: This is going to be run as a homeowners association condominium -- MR. DURSO: Absolutely -- no, homeowners association. COMMISSIONER VIGLIOTTI: So you'll have does, like condo does? MR. DURSO: Same thing. COMMISSIONER VIGLIOTTL• So you'll be able to restrict the cars and -- MR. DURSO: We've already done that. And all -- COMMISSIONER VIGLIOTTI: So there won't be a problem? MR. DURSO: Well, there won't be a problem. The homeowners are allowed to have two vehicles only. And I'll be glad to talk about Victoria Falls now, but I think since Mr. Murray is the only one that questioned it, if you want, would you rather talk later about it or do you want to talk now about Victoria Falls? COMMISSIONER MURRAY: My concern -- so I'll respond to you. My concern was that you're trying to do a good thing, and you want it to be a good thing, and sometimes it may not turn out that way. And with the density of 400, if one thinks about that, especially in four -plex, the potential could be not something you want to see ultimately. And so if you wish to discuss the problems, that's fine. I was asking in the sense of with that added density or apparent concentration of that density, what's going to happen. Have we considered -- have we thought it out? MR. DURSO: Of course we've thought it out. And the answer is the density on the whole property is still the same density as our single - family developments, okay? We will put even more time and effort into that product than we do in our others. But we put lots of time and effort. And we're very proud of Victoria Falls. And one picture taking on one day doesn't tell the story. Page 51 1161 � January 18, 2 P 07 Our documents only allowed two vehicles per unit. And we evict people for disobeying that law. Any -- we will take care of any problem that comes up in our subdivisions. We've proved that. We work very, very closely with the Sheriffs Department. In Victoria Falls we have had nobody arrested for gang activity in Victoria Falls and nobody arrested for drug activity in Victoria Falls, okay? And in spite of that, we actually have thrown -- we have bought back one home in Victoria Falls because two people were arrested in the home who didn't actually live there, okay, and that family is now out of that house. And that took us six weeks to do that. We have better documents than any other developer. Our documents say that if somebody is convicted of a felony or a misdemeanor, we can call their mortgage. If they're identified as having a gang member, just identified -- and the Sheriff has a whole bunch of criteria as to what a gang member is. If a gang member is identified in one of our homes, we can call the mortgage. Those are very, very strong documents. And we use that, okay? We have many, many, many volunteers that go into all our subdivisions, you know, on every day or every other day. We have homeowners from each subdivision working for us. We have two from Victoria Falls, we have one for Charley Estates. We plan to have at least a couple from this subdivision working for us. We find that works better. Will it be difficult? Of course it will be difficult. Will it be much better than anything else in Immokalee other than Habitat stuff? Probably. I mean, most of these homeowners are coming from really lousy places. We're just putting them in better places. And they're already here. We're just trying to make a better world for them. So we will continue to do a good job with that. And we have tremendous documents. We are the experts on homeowners associations for Habitat. All over the country, they come and ask us questions on homeowners associations. And it's not easy. It's difficult, we agree. COMMISSIONER MURRAY: Okay. I'm very happy to hear what you're saying, and I recognize the difficulty and your taking people who are at most modest incomes and trying to help them. The important thing is that we really achieve that help. And that's your oversight function, that's your management, which is not pertinent directly, but ultimately it becomes a question. So I've posed the question, you've answered the question. MR. DURSO: And there's two reasons we do it. We do it because it's the right thing to do. But the other reason we have to do it, we won't raise any money if we don't do it. I mean, the first person that drives through Victoria Falls -- every October you can count the Mercedes driving through there. Our donors drive through there as soon as they get down here every year. And they'll do the same thing in Immokalee. They want to see what we're doing. COMMISSIONER MURRAY: If I just may add this last comment, please, that my concern is this, that -- you're right, if you weren't successful you will not get any future. My concern is with a great density of people, if it fails, the communities are stuck with those conditions. So that's where I was addressing my remarks to your concern for oversight. MR. DURSO: And we hold the mortgages, remember. So we hold the mortgages on those homes for 20 years. So we obviously will be responsible. We'll continue to do a good job. When I say we, I mean not just my wife and I, we've got a big organization. When we're long gone, there will be other people taking care of it, we hope. CHAIRMAN STRAIN: Mr. Vigliotti, this started with your question. Did you get your question finished and answered? COMMISSIONER VIGLIOTTI: No, I'm happy. It was more of a statement than a question that any problem they have with parking now, they will resolve within their association and documents. CHAIRMAN STRAIN: Okay. Mr. Kolflat, then Mr. Schmitt. Page 52 16, 18, January 18, 2007 COMMISSIONER KOLFLAT: Quick question. What's the background origin of the name Kaicasa? MS. SPURGEON: Sam will explain that. MR. DURSO: Just remember now, it's Kaicasa hmmokalee, okay? Kai is the Creole word for home. Casa is the Spanish word for home. Immokalee is the Seminole word for home. So somebody could -- now we didn't do it, but somebody could live on Maison Street in Kaicasa hnmokalee. That really is home, sweet home. I mean, it's tough coming up with names for subdivisions. I don't know, somebody in our office came up with that name. I think it's the best name we've ever come up with. So it's home, home. Home, home Immokalee. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: Yeah, just for clarification, for the planning commissioners, there are very specific criteria in the code for parking. It's a code enforcement action. Though it's not really a zoning issue, per se, it can be in the documents. But there are clear restrictions as to how many vehicles can park, driveway, all that kind of business. I just want to make sure you understand that that is something that's already in the code; does not have to go back into another PUD document of any shape or form. Likewise, when you look at this, it is at the base density of four units an acre. So I just want to make sure the perception isn't that this is an excessive density. It's at a base density of four units an acre, which is our base density in Collier County. MR. DURSO: And hopefully if you require garages, we can make them use it and get one of the cars off the street. That's the challenge. And we hope that's going to happen. So we would like to be required to do garages. CHAIRMAN STRAIN: Okay, are there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: I have a few. And I'm thinking before I start, because a lot of it's language issue, nothing serious in regards to problems, I just think there's a lot of language clean-up needed in this PUD. And as in the past, I've asked staff 100 times to please not provide redundant language in PUDs. I've not been successful in seeing that happen. So I think the best way to make sure it doesn't happen is to spend the time and walk through every sentence of every paragraph of every PUD so maybe we can put a stop to language that says will be pursuant to the LDC when it has to be. So let's take a break for lunch. We'll come back here at 12:45. And I'd like to ask the planning commissioners this time to please remember it's 12:45. Because a couple times we've had trouble with people getting back here at 12:45. So we'll break for lunch, we'll be back at 12:45. Thank you. (A lunch break was taken.) CHAIRMAN STRAIN: Okay, it's 12:45. The planning commission will resume. Now that we've had lunch, does anybody have any further questions of the applicant at this point before I do? (No response.) CHAIRMAN STRAIN: Okay. And Laura, these may not be as many as -- questions of you as much as they are of the characterizations in your PUD. 2.2.E. It's the first page Roman numeral 1I -1. It says that basically the petition and development approvals will have to be consistent with the concurrency review. And I'm just wondering, Ray, is there a possibility they couldn't be consistent with the concurrency review? Don't they have to be? Page 53 161 191 January 18, 2007 MR. BELLOWS: Yes. CHAIRMAN STRAIN: Do we need E? MR. BELLOWS: My understanding, they are concurrent. CHAIRMAN STRAIN: Okay. I would suggest then if no one has any objections we strike 2.2.E as a redundant language. If we turn to the next page, 2.5. On 2.5.13, the last sentence, any division of the property and the development of the land shall be in compliance with Section 10.02 of the LDC and the platting laws of the State of Florida. Margie, can these be inconsistent with the platting laws of the State of Florida? MS. STUDENT - STIRLING: No, they have to meet them. CHAIRMAN STRAIN: Okay, then shouldn't that -- is there any reason this need to be repeated in this document? MS. STUDENT - STIRLING: No. CHAIRMAN STRAIN: Okay. 2.5.C, same question. Provisions of section of the LDC. Again, I don't know why that's here, because I understand they have to be consistent with the LDC. Is that a true statement? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Margie, if you have a PUD and you have language in the PUD and it's specific, does it trump the LDC? MS. STUDENT - STIRLING: The only way that it would trump it is if there's a deviation that's been approved, and then everyone understands that the PUD on land uses and performance standards you create your own zoning district, and they're not going to comply with the district that's in the LDC. Otherwise, you comply. CHAIRMAN STRAIN: Well, some of the general ambiguous language that's in PUDs like any interpretation of this PUD be subject to the current language of the LDC -- and I'm talking -- we're talking about like for example that height definition. This particular PUD has a redefinition of the height as well -- MS. STUDENT - STIRLING: In that case if it's a policy decision for this board or the Board of County Commissioners ultimately if they want to vest for a definition, I think that's a policy decision. You could decide whether to do it or not. CHAIRMAN STRAIN: Okay. And if you do do it, then the definition that's in the PUD dominates? MS. STUDENT - STIRLING: That's correct. CHAIRMAN STRAIN: Okay. 2.5.13 again references consistency with a section of subdivision plats of the LDC. 2.5.E talks about appropriate instruments being provided. I believe that they have to be. MS. STUDENT - STIRLING: I think they do. CHAIRMAN STRAIN: So I don't know any need for those last three paragraphs. Ray, you're the only -- well, I know Melissa's here, but you're at the microphone. If you see any objections to striking any of these, would you please -- MR. BELLOWS: No, definitely not. We had several meetings with staff to help convince the petitioners that redundant language isn't in there. As a matter of fact, we are now in the middle of our -- or start of our new process of eliminating the PUD document. As of January 1 st, all new applications are going to come under this new format where there won't a PUD document. MS. STUDENT - STIRLING: You're going to see about five exhibits attached to the ordinance. That's going to be it. And they're going to be maybe one or two pages. Maybe developer commitments will be a little longer, but it's going to be a lot different than this. Page 54 Ja ary 18, 10�7 CHAIRMAN STRAIN: And that's going to start when? MR. BELLOWS: It started already. All new pre -aps as of January 1st are -- they're to use this new format. Any petition submitted prior to that January 1 st will still be under these formats. And we're trying to convince the applicants to follow staff direction to eliminate all the redundant -- as a matter of fact, we may not schedule them anymore until it's all cleaned up. CHAIRMAN STRAIN: And Laura, are you -- since this is redundant language, if you have any objections to striking any of these, would you please speak out? Because otherwise I'm hoping that Melissa being in the audience is taking notes. And then rather than going through a lengthy stipulation, if there's no objections, these items will be cleaned up in the PUD. So as we go through, if you see something you object to, I'd certainly like to know it. MS. SPURGEON: I'll speak up. But, you know, my only objection is that the model PUD ordinance that's disseminated to the public includes all this language. So that's -- you know, the fact that the PUD process is changing, we all are glad and we'll comply with it. But that's -- we can go through these, and so far I've been in agreement with all your ideas. MS. STUDENT - STIRLING: I just have a comment. The model PUD was prepared in 1991. And since 1991, 1 think last year, or maybe at the end of '05, Mr. Strain directed that he wanted -- despite the model, he wanted to see the redundancies gone. Wasn't that toward the end of '05 that -- CHAIRMAN STRAIN: Well, it's been going on for quite a couple of years now. MS. STUDENT - STIRLING: I know. CHAIRMAN STRAIN: And staff is indicating they were going to do it, and I think we're finally there -- MR. BELLOWS: And for the record, we have revised that model to show a cleaned up -- MS. STUDENT - STIRLING: Yes, we did. We did that last year. Last January we did that. CHAIRMAN STRAIN: But as far as these coming through now, if the staff people in charge of these were to review them and look at this as redundant language, they could -- and the applicant's not objecting, why don't we just strike it before it even gets to this board? MR. BELLOWS: It should be. We'll work on getting that done a little better. CHAIRMAN STRAIN: 2.6 and 2.7 are, I believe, in the LDC. They're completely redundant. On the next page, 3.4. I wanted to ask you on number C (sic), Laura, not as a redundant issue, but is that -- it says it's part of the LDC in effect at the time of building permit application. That's what happens now. Are you guys looking for any deviation to parking? You're not, are you? MS. SPURGEON: No, we're not. CHAIRMAN STRAIN: Okay. So then 3.4.0 can be struck. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: My question is wouldn't -- when you put in for a site development plan, wouldn't you want the parking to be at that time not the building permits? MS. STUDENT - STIRLING: Yeah, it would be at site plan, I think. CHAIRMAN STRAIN: Well, if it's going to be consistent with Section 4.05.01 of the LDC, it's whatever it says in that section, right? MS. STUDENT - STIRLING: Well, the reason we put it like that effective language, we've had some issues come up where people have tried to, because it has a reference in here, tried to argue that it was the standard in effect at the time the ordinance was adopted. So that's why we put that language in effect -- CHAIRMAN STRAIN: So you're saying -- MS. STUDENT - STIRLING: Yes, I like having -- actually, it should say SDP. But I like having Page 55 16; 19'i January 18, 2007 that in there, because we have had arguments where people try to go back in time and say that means the one that was in effect when the ordinance was adopted. CHAIRMAN STRAIN: Margie, tell me how you would like to see 3.4.0 -- MS. STUDENT - STIRLING: As required -- CHAIRMAN STRAIN: -- stated. MS. STUDENT - STIRLING: -- by the LDC in effect at the time of site development plan. Do you want application or approval, Ray? MR. BELLOWS: Application. MS. STUDENT - STIRLING: Application. MS. SPURGEON: I'd say site development plan or PPL. CHAIRMAN STRAIN: Is that different than what the LDC says? MS. STUDENT - STIRLING: No, the LDC is -- you know, it's there and it's effective when you come in. But this avoids the argument -- because we've had this argument, Mark, where people have tried to say if it just, you know, says references -- I suppose if we took the reference out totally, then that wouldn't be an issue. CHAIRMAN STRAIN: That's what I'm trying to get to, Margie -- MS. STUDENT - STIRLING: -- and not even say signs at all, and just strike it out. CHAIRMAN STRAIN: Just take it out. Then there wouldn't be a question. It falls to the LDC. So 3.4.0 should come out. MS. STUDENT - STIRLING: Okay. I just had to think about that a little bit. CHAIRMAN STRAIN: 3.4.13 is the definition, or at least a partial of the definition of height. I don't know if it's needed here. I don't know if -- and per Margie, if it stays in, it stays in by policy. Does the applicant care if you fall to the definition of height in the LDC, or do you have a reason why you need a special definition of height at 3.4.13 as stated? MS. SPURGEON: We prefer having it spelled out so that when the LDC changes there's no question what the expectation was. CHAIRMAN STRAIN: So 3.4.13 would remain in, as long as nobody objects. MS. STUDENT - STIRLING: Yeah. Now see, this is an example of where we're going to vest height for now but -- it seems like. But then for everything else, it has to be in accordance with the LDC -- CHAIRMAN STRAIN: That's the purpose for a PUD. MS. STUDENT - STIRLING: -- when it comes in, so -- CHAIRMAN STRAIN: Laura, number seven, preserve the setback at 10 feet for accessory structures also applies to any site alteration. And it goes on with some more definition of preserve setback. Is that a deviation from the LDC? MS. SPURGEON: No, it's required standard language that the environmental staff gives us to put in. CHAIRMAN STRAIN: But if it's part of the LDC, do we need it restated here, Ray? MR. BELLOWS: I think it is a part of the LDC and it doesn't need to be in there. It's redundant. MS. STUDENT - STIRLING: What page? I'm sorry. CHAIRMAN STRAIN: Roman numeral III -2. It's the bottom. It's the footnote number seven. MS. SPCRGEON: I would note where we are, spelling out specific dimensions, specific standards, it's appropriate to keep in there because it gives us the sense of security that that's the standard we will be held to, where we've spelled it out. CHAIRMAN STRAIN: I mean, I don't -- if there's a purpose for it and it serves a purpose, fine. But if it's there because it's just specifically being redundant to the LDC, then that's my concern. I don't have any problem leaving it in if you feel it meets the purpose that you need. Page 56 161 19 January 18, 2007 MS. SPURGEON: That's one I would like to keep in. COMMISSIONER CARON: On that same page, your front yard setbacks will be changing to 23 feet now that Commissioner Adelstein has and Mr. -- and it has been agreed on by petitioner that garages will be part of this. CHAIRMAN STRAIN: But if you look at footnote two, which you have a little footnote -- COMMISSIONER CARON: I'm sorry -- CHAIRMAN STRAIN: -- that does take care of that issue, I believe. COMMISSIONER CARON: Yeah, it does. CHAIRMAN STRAIN: On page Roman numeral V- 1,5.4.1), another redundancy. You've got to provide a monitoring report, we know that. Next page, transportation. I have a question about 5.5.A. Is the width that you're asking inconsistent with the Land Development Code? MS. SPURGEON: Yes. That is deviation number one on our list of three deviations. Section six, the 50 -foot right -of -way request is to replace the 60 -foot requirement in the LDC. CHAIRMAN STRAIN: Right. And my question there is -- and I'll ask staff to address it when they come up -- normally we see a staff analysis of each deviation. I didn't find one in this packet. In fact, I didn't find one in the other packets either. And the others have got deviations. So at some point when Melissa comes up we'll have to ask her what staff s opinion is of this deviation, because it isn't discussed as it normally is. Under 5.5.G, if this -- is this saying that unless this is in here, you don't have to pay road impact fees? I don't think so. So G can be struck. H, I think you need a right -of -way permit if you work in a county right -of -way. I think you can strike that language as being redundant. On the following page, 5.6.A says you got to have a South Florida Water Management District environmental resource permit. That's a state law and you've got to do it, so I don't know why it's in here. 5.6.13 says you need an excavation permit, so does the LDC. So I don't think we need that in here either. 5.9, environmental. I went through all those issues, A through J, and Ray, I can't find one of those that isn't addressed in the LDC. Can you find any that are? Because my suggestion is if they're addressed in the LDC, strike them all. MR. BELLOWS: I agree. CHAIRMAN STRAIN: If they're not, then leave them in. But the fact that you need permits from the state and the government is well known to everybody, so why put it in the PUD. MS. STUDENT - STIRLING: Chairman Strain, also engineering, under 5.8, that has language that says the development will be consistent with the LDC. CHAIRMAN STRAIN: Yeah, youre right. 5.8 should come out. You know, it's interesting, by saying it only has to be consistent with the LDC, I guess it doesn't have to be consistent with any state engineering standards then. MS. STUDENT - STIRLING: It does. (Laughter.) CHAIRMAN STRAIN: 5.1.0, signs. Says it will be in accordance with the LDC. I think you can strike that. It goes without saying. And then the last page is a series of deviations. The only comment I'm going to have on those is that I need staff to address their concerns about any of them, if they have any. That's the last comment I have on the PUD. Is there any other comments from anybody on the planning commission? Page 57 161 10, January 18, 2007 (No response.) CHAIRMAN STRAIN: Okay. I think we're on to the staff report, Laura. Thank you. MS. SPURGEON: Thank you. (Speaker was duly sworn.) MS. ZONE: My name is Melissa Zone, principal planner with the department of zoning and land development. I think that most of the questions about the land use, the consistency with the Immokalee area master plan have been found consistent. And so for my presentation I'd like to go through some of the concerns that you have. And if you have any additional questions, I'd be happy to address them. For the deviations, I'm sorry, I will make sure that never happens again. Even if the deviations that staff does support are --if staff supports it, it will still just be in the analysis. And that's why I didn't do it. But that is an error of staff. And that won't happen again. But the deviations -- we had been going back and forth on them with the applicant and their agent, and there was only one deviation that we -- staff had some issues with. But then through the EAC they found that it was with the sidewalks on both sides of the road. The applicant worked out their master plan, the EAC was comfortable with it, and so staff went in support of the EAC recommendation. And so for the error of the lack of not discussing it, it won't happen again in that issue. But I'd like to just for the record, part of these PUD documents, staff always asks to remove the redundancy language. And two things happen to the staff, which we're always overruled on, is one is we'll ask the applicant. The applicant agrees. But then another division says no, we need to keep this in, we're not comfortable yet. And so then they're forced to put it back in. That's what some of the -- with environmental. We asked environmental over at -- since it's in the LDC it would behoove them to make sure the applicant complies with the LDC as amended, but we were overruled on that. So there's only so much badgering staff can do on that. Other ones, as Laura mentioned, was that depending on how the LDC or the GMP changes the frequency, that they might become nonconforming. And so sometimes the applicant will say we want to keep this in. And then staff leaves it to determine for the planning commission to make that recommendation. And I think with the new model PUD -- or the new PUD ordinance in place it will not only help staff, it gives us now more authority to say no, this is what you have, where before we were stuck with the 1999 PUD model. CHAIRMAN STRAIN: Thank you for the explanation. MS. ZONE: But you're going to come across that with, I'm sure, mine and some of the other principal planners until we get everyone on board. But that's why we're still having these issues. Do you have any questions or concerns that I might be able to address? CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, I just wanted to confirm, the EAC's recommendations, you're in agreement with all of those? MS. ZONE: I am. I know that the flood elevation, with not being an engineer, they felt that it was -- staff kept it in. We were supporting EAC, and we that felt it could be something the applicant address with the planning commission and staff would support planning commission. CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Thank you, Melissa. 161 191 January 18, 2007 I have one question of transportation. MR. CASALANGUIDA: For the record, Nick Casalanguida. CHAIRMAN STRAIN: Nick, the Vanasse and Daylor TIS that was supplied with this project had one issue that I need your clarification on, maybe suggest some help on it. On Page 2 it talks about the speed limit on SR -29, and it says it's 60 miles an hour out in front of this project. Now, that is pretty fast. MR. CASALANGUIDA: Might be design speed, 60. CHAIRMAN STRAIN: It said the speed limit is posted at 60 miles per hour. MR. CASALANGUIDA: I don't believe that's correct. That might be an error. CHAIRMAN STRAIN: Okay. Well, if it is, then that solves the problem. If it isn't, would you just check? Because I think if anything with a project like this going in, with the vehicles moving in and out and the amount of vehicles, families and distractions, 60 is way too fast to be in front of a project. MR. CASALANGUIDA: I'll check on that before then. COMMISSIONER MIDNEY: I don't think it's posted at 60. CHAIRMAN STRAIN: I'm just reading the document. Okay. Well, that was the only -- anybody have any traffic issues? COMMISSIONER MURRAY: I would agree with you, I was concerned about it myself, bicycles and so forth, sure. CHAIRMAN STRAIN: You don't mean bicycles are moving at 60 miles an hour, do you? COMMISSIONER MURRAY: Do I what? COMMISSIONER MIDNEY: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MIDNEY: I have a question. Does the county plan to extend sidewalks and bike lanes all the way south through this development? MR. CASALANGUIDA: Through the development or along -- COMMISSIONER MIDNEY: No, along 29. MR. CASALANGUIDA: The county doesn't. That's a state road right now. So there's no plans right now. One question I just asked Mr. Durso is if the county was going to assume responsibility for these roadways internally. And 1 believe we're not. It's not stated as such in the document. So I don't have a problem with their deviations internally. I did have a question about the deviation that says one -- actually, deviation two, second sentence: Also a deviation for a sidewalk along State Road 29 is requested -- CHAIRMAN STRAIN: You need to talk slower and closer to the mic, Nick. MR. CASALANGUIDA: Also a deviation for a sidewalk along State Road 29 is requested in order for interconnecting sidewalks to the adjoining Farm Workers Village project. Does that mean they don't want to put them in or be consistent with the LDC? I'm not sure what that means. MS. SPURGEON: We are requesting deviation that we not be required to install sidewalk on that portion of State Road 29 where there are no existing sidewalks. CHAIRMAN STRAIN: And is it the intention that you want to pay the fee in lieu of? Well, the way that it works is it's either a sidewalk or a fee in lieu of. MS. SPURGEON: Right. I don't think we have a choice. CHAIRMAN STRAIN: Right. So you don't want the sidewalks -- MS. SPURGEON: We don't want to be forced to pave a sidewalk along our frontage along 29. CHAIRMAN STRAIN: Go ahead, Mr. Murray. Page 59 161 19 January 18, 2007 COMMISSIONER MURRAY: I have a concern for safety. I was only partially kidding before when I said bicycles. If they have no place to buy food, you know, basic staples, they're going to get on their bikes and they're going to drive down. It would be better for them to be on a path, right? We're talking about the one along into Farm Workers Village? MR. DURSO: We actually don't have that much frontage on 29. So putting a sidewalk just on our frontage wouldn't do us enough good. We would have to then put a sidewalk all the way up to where the crossover is. COMMISSIONER MURRAY: Yeah, I don't know how far that is. MR. DURSO: We are trying to get permission to have a walk- through to Farm Workers Village. Not a drive - through but a walk - through. We don't have that permission yet. We don't know if we'll get it. But that's our intention. You know, if we don't get that, we'll, you know --yeah, a sidewalk on 29 would be great. But just in front of our property is not going to do any good. So we are going to put a lot of pressure on getting a walk- through onto Farm Workers Village. Because that way the kids can go to school there. COMMISSIONER MURRAY: That would make me happy. MR. DURSO: That's what we'd like to see them do. So we may need your help with Farm Workers Village to get that to happen. But that's our intention, to have the kids walk through Farm Workers Village and then to walk to school that way also. Because as you remember, there's a crossover on 29 right in front of Farm Workers Village. So we want to get our lids there safely. COMMISSIONER MIDNEY: Have you had conversations yet with the director of Farm Workers Village? MR. DURSO: Yeah, we've had lots of conversations. COMMISSIONER MIDNEY: Because what he's saying is if there's only a sidewalk in front of their property but there's not a sidewalk on 29 in front of Farm Workers Village, it would just be a short dead -end sidewalk. CHAIRMAN STRAIN: Thank you, sir. Nick, you expressed a concern about deviation number two. Do you believe it applies to State Road 29? MR. CASALANGUIDA: I think what they're asking is not to pay in lieu or build it. And I don't believe that trannie's (phonetic) had a chance to review that deviation, so I'm a little concerned. CHAIRMAN STRAIN: Nick. MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: My question. Deviation number two, do you believe it applies to State Road 29? MR. CASALANGUIDA: They call it out specifically, sir. CHAIRMAN STRAIN: Well, it says that it's a local deviation. Actually the language says it's a five -foot sidewalk on both sides of local streets. So -- MR. CASALANGUIDA: Then it says also, a deviation for sidewalk along State Road 29 is requested. CHAIRMAN STRAIN: Okay. So the part about 29 ought to be struck. Because that ought to be handled typically as it is handled within the LDC, which means either they put it in -- if it goes nowhere, that's their choice, or they pay a fee in lieu of MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: So is that acceptable to the applicant? MR. DURSO: Yes. If that's what the law is. Our understanding is the requirements are the same 00 e1 161 1 B January 18, 2007 on 29 as they are on 41. If that's the case, we will do whatever the law requires. So either put in a sidewalk or pay in lieu. CHAIRMAN STRAIN: Well, I think your deviation for the internal roads is appropriate, and that's what we're trying to say. That's what you really want. MR. DURSO: Right. CHAIRMAN STRAIN: As far as the 29 goes, that just falls -- you need to drop the references to 29, because that should fall to the Land Development Code. MR. DURSO: Yeah, right. CHAIRMAN STRAIN: I guess everybody's made a note of that. Are there any other questions of the applicant or staff? (No response.) CHAIRMAN STRAIN: Ray, do we have any public speakers? MR. BELLOWS: Yes, we have two registered speakers. First one is James R. Smith. And the other is Mrs. Trescott. MR. SMITH: Can we stand corrected? I think that's for Toll Brothers that we have. MR. BELLOWS: Oh, Toll Brothers? CHAIRMAN STRAIN: No, you've got to speak on this one. (Laughter.) MR. SMITH: If you want me to speak -- MR. BELLOWS: Then we don't have any speakers. COMMISSIONER ADELSTEIN: We'll hear the same thing twice. CHAIRMAN STRAIN: Okay, if there's no public speakers, is there any final comments by the applicant? MS. SPURGEON: No. I appreciate your time again. The only change to stipulations we request is that adjustment to the FEMA requirement so that it's based on final approval rather than application. That was the only change. And we request your recommendation for approval. CHAIRMAN STRAIN: Well, there are actually two changes. That the FEMA will be required prior to the approval of the PPL. MS. SPURGEON: Correct. CHAIRMAN STRAIN: And that the garages shall be required. MS. SPURGEON: Correct. CHAIRMAN STRAIN: And then the rest of the changes to the language, I'm just going -- I'm going to hope we all can assume that staffs going to make those as discussed at the meeting and we don't have to get into lengthy stipulations about it. Okay, with that we will close the public hearing and entertain a motion. Mr. Midney? COMMISSIONER MIDNEY: I would like to move that we send PUDZ- 2005 -AR -7820 to the Board of County Commissioners with a recommendation of approval with the change in -- I'm sorry, with all of the EAC recommendations but the engineering recommendation number one, change application for to approval for, and add in garages. Other than that, accept all of the EAC recommendations and also with all of the deviations that were mentioned. CHAIRMAN STRAIN: Okay, is there a second to the motion? COMMISSIONER VIGLIOTTI: I'll second it. CHAIRMAN STRAIN: Motion made by Commissioner Midney, seconded by Commissioner Vigliotti. Page 61 n t`.� 1 uary 18, 2017 Discussion? Mr. Murray? COMMISSIONER MURRAY: I would ask that there be one -- if the motion maker would accept one other additional stipulation, that since there's going to be a homeowners association, that the representative -- a representative of the homeowners association shall also be an official of the Habitat for Humanity so that there's an authority there to allow them to be most effective in carrying out their duties. CHAIRMAN STRAIN: I don't think we can direct people to -- MS. STUDENT - STIRLING: That's not really a zoning and land use matter. I think that's up to them internally to -- and I think we've heard that that's what they do. COMMISSIONER MURRAY: As long as they do that, that would be very good. Thank you. CHAIRMAN STRAIN: Okay, there's been a motion made, a discussion, and Mr. Midney, the two stipulations that we've been discussing are the FEMA issues prior to approval of the PPL and the garages will be required. And of course, as you mentioned, the EAC recommendations. Are there any other comments or stipulation? (No response.) CHAIRMAN STRAIN: Hearing none, we'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 VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9 -0. Thank you. Item #8E PETITION: PUDZ -A- 2006 -AR -9403 The next project is Petition PUDZ -A- 2006 -AR -9403. That is Toll Brothers, Inc. That is for the Princess Park RPUD at 6780 Airport- Pulling Road. And Mr. Yovanovich will represent the applicant. All those wishing to speak on behalf of this petition, please rise to be sworn in by the court reporter. (All speakers were duly swom.) CHAIRMAN STRAIN: Disclosures on the part of planning commission. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I had spoken to Mr. Yovanovich by phone regarding this petition. CHAIRMAN STRAIN: Any others? Ms. Caron? COMMISSIONER CARON: I spoke to Mr. Yovanovich on the phone about my concerns with this project. CHAIRMAN STRAIN: And I spoke with Mr. Yovanovich addressing the density issues and the conversion issues. Okay, with that we will -- the applicant can proceed with the presentation. Page 62 January 118, 210 l MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of the petitioner. With me today are a host of people, not all of which will be speaking, unless you have some specific technical questions. We have David Torres, Gary Haines and Bruck Fanning with Toll Brothers. Bob and Debbie Bickell with Bic's Investments. Walter Fluegel, Bob Meltzer, Richard Ybeck, all from Heidt & Associates. Suresh -- is it Carit? Sorry, Suresh, with David Plummer and Associates to answer any transportation questions you may have. And Chris Smith from Passarella. Hopefully you won't have any environmental questions, since we received an exception from an EIS on this parcel. And also Wayne Hook, the landscape architect on the project. At the risk of proving Mr. Strain right from his comment on another petition regarding directions, I'm going to ask Ray to put things on the visualizer for me so I can get the directions correct. CHAIRMAN STRAIN: I didn't think you were here when I said that. MR. YOVANOVICH: I heard it. The microphone was on outside. So the property is -- I'm sure most of you are familiar with the King Richard's amusement park. It is on Airport Road. It is on the east side of Airport Road on the -- north of Pine Ridge Road but south of Orange Blossom. It's roughly 11.3 acres. It is an existing PUD. The PUD uses are commercial uses as far as the Collier County Land Development Code is concerned. In order to have the uses we have there today, which are amusement -- general amusement park uses, the property must be zoned either C -4 or C -5. And then you request a conditional use for this particular use. So it's not a permitted use in any of the commercial categories, but it is clearly within the commercial category uses. The property's adjacent to Walden Oaks to the north, which is a community that has both office uses on the western portion of the property and residential uses both to the east and north of our proposed project. To our south is the Willow Park office complex. The property is rectangular in shape, as you can see, and it is fairly narrow along Airport Road. It is only 394 feet, approximately, wide. The narrowness of the site and our desire to move our residential buildings as far away from Walden Oaks' residential portion of the property as possible is one of the reasons we're asking for the deviations we've requested. Since it's a narrow site, we're essentially going to have a cul -de -sac going down the center of the property and then there will be buildings on both sides. The requested density for the project is 133 dwelling units. We're looking at multi - family and townhome type units. The density is based upon a calculation as follows: The base density under the comprehensive plan, since we're in the urban area, is four units per acre. Plus, since we're converting commercial property to residential property under the policies within the comprehensive plan, we can request up to another 16 dwelling units per acre, which would total 20. Now, we would lose one, because we're in the current traffic congestion zone, which is proposed to go away but still applies to us today, which would bring you down to 19. And then there's an overall maximum cap under the comprehensive plan of 16 units per acre. So the maximum we can ask for is 16 units per acre. And the request is for 11.7 units per acre. By way of history a little bit, I know there's -- some commissioners have raised the concern, does this property actually meet the comprehensive plan requirements for conversion of commercial. The Willow Park PUD, which was approved several years ago, and I have a little bit of familiarity with it, was approved as an office park based upon the fact that it was adjacent to commercial. It qualified Page 63 161 1B) January 18, 2007 under the office infill criteria. And in order for you to get commercial as a non - activity center area, you had to be adjacent to commercial on at least one side. Staff and the commission determined that King Richard's was a commercial use and therefore was the basis for the Willow Run PUD receiving the office PUD that it has in place. So hopefully that will address any concerns about whether the King Richard's PUD is in fact a commercial PUD, eligible for the conversion under the commercial provisions of the comprehensive plan. And as you will recall, on other petition I've been involved in, the reason for this commercial conversion provision is to encourage properties that were back in 1989 not supposed to be retail or commercial because they weren't in activity centers to convert to residential uses, which the board's comprehensive plan deems to be the more appropriate use of that property in the urban area. Regarding traffic, Airport Road has an adopted level of service E and is currently operating at level of service C. The daily traffic is actually being reduced by the request over what's there today. Now, the peak hours, there are increases, but the overall daily trips will be less for the residential project versus the existing amusement park. The reduction's even greater on the weekends. The weekday trips are reduced by 38 daily trips. The weekend traffic is reduced by 1,127 daily trips. So there's actually a reduction in traffic by converting the use to residential. The project has a little bit of a history with the residents of Walden Oaks. There was a challenge filed by the residents of Walden Oaks when the PUD master plan was being revised to actually make it jive with what was actually on the ground at the time of the project. We resolved all those issues. We reached a settlement agreement. But I think it's fair to say that at that time, and I believe currently if the residents of Walden Oaks had their desires, they would prefer to be adjacent to a residential community versus the existing amusement park. As I said, the proposed site plan will call for a cul -de -sac down the center of the property, with residential buildings on either side. And our amenities will be on the eastern portion of the property. We will have our lake and we'll have our clubhouse and pool on the eastern side of the property. We're requesting five deviations. The first deviation is -- since it's going to be a private road, we're requesting to reduce the road right -of -way width to 40 feet versus the 60 feet which is on the LDC. That's almost become a routine request for private roads. And probably the LDC should be amended to address that issue so we can not have to always ask for deviations. Deviation number two is the -- deals with the existing lake. The reason we requested a deviation was because we don't plan on resculpting the entire lake. And for those areas that we're not going to resculpt, we did not want to have to bring those up to current slope requirements. Deviation number three is regarding increasing the fence height from six feet to eight feet. Due to the narrowness of the site and the fact that we would like to put our fence on top of the berm, we're asking to go to eight feet versus six feet. That again has become a deviation that a lot of property owners are requesting, based on narrowness of sites. Deviation number four is intended to read that we can have cul -de -sacs that exceed 1,000 feet. So it needs to be revised and clarified that we can have a cul -de -sac that exceeds 1,000 feet in length, provided the fire department doesn't have any objections to that. Instead of them forcing us to do it, it should have been more of the standard cul -de -sac deviation that a lot of projects have come through with. And finally, we're requesting deviation number five is to reduce the northern landscape buffer width from 15 feet to 10 feet. The plantings will be the same; however, there's already a 15 -foot wide utility easement there. So in effect you're going to have a 25 -foot wide area with the same plantings you would have in the 15 -foot area. So again, because of the narrowness of the site, we needed that deviation to make ff- �11 16, 191 January 18, 2007 the project work. Now, I hesitate to do this, but we did receive some comments from the county attorney's office regarding some minor revisions to the PUD. There was only really one provision that I would say is substantive. And I can either hand it out or I can just describe it to you all. Whatever you prefer, Mr. Chairman, as far as -- you want me to hand it out? CHAIRMAN STRAIN: Why don't you tell us the reference in the PUD so we can be on the same page and let's see if we can follow what you're trying to say. MR. YOVANOVICH: Okay. You want me to hand it out, Mr. Strain, or just -- CHAIRMAN STRAIN: Why don't you tell us what page it's on. MR. YOVANOVICH: It should be Page 8 of the PUD, which is the section three, which is the residential subdistrict. Let me make sure it's still Page 8. Yes, it is. What we did is, the county attorney commented that items three through eight in the accessory use section really aren't accessory uses to a residential building. They're more of like an ancillary use that's allowed throughout the PUD. So what we did is we renumbered items three through eight and put them under a subsection C entitled ancillary uses. And the development standards -- the reason we left it in the section is because table one already included development standards for those ancillary uses. So we just -- we took them out of the accessory use category, put them in an ancillary use category, and that's really the only -- I don't even know if I would call it substantive, it's a formatting change to the document -- MS. STUDENT - STIRLING: Well, it is substantive -- CHAIRMAN STRAIN: One at a time. Margie, let him finish and then you can be recognized and speak. Richard? MR. YOVANOVICH: Okay. So that's really the only -- CHAIRMAN STRAIN: Where on your development standards table do you find a reference to ancillary uses? MR. YOVANOVICH: Well, you see them under clubhouse, recreation building, guardhouse, access, control structures. So those are the standards you would need. I don't believe -- you know, signage would be covered by the LDC. Utility facilities can be allowed anywhere throughout the project. So I believe that really the guardhouse and entry gate is the only -- is called out specially in the development standards table. So we thought that that addressed the issue of not coming up with development standards for these, quote, ancillary uses. CHAIRMAN STRAIN: What about your maintenance facility, what would be the standards for it? MR. YOVANOVICH: We can live with the same standards for the -- we can live with the same standards for the guardhouse and access. CHAIRMAN STRAIN: Okay. Now that you've got all that on the table, Margie, did you have any comments about it? MS. STUDENT - STIRLING: Yeah, what I was going to -- what I understood from the applicant's agent from height was they were going to label the table -- not to make a rhyme there -- accessory/ancillary structures under that part. So it would be clear that those standards would also apply to the ancillary ones. CHAIRMAN STRAIN: And does that work? MR. YOVANOVICH: Yeah. CHAIRMAN STRAIN: Just so that everybody is clear then, on Page 8, B -I and 2 are going to remain. Then you're going to start a new section called C and numbers three through eight will be relabeled one through six. On the development standards table 2.3 the word maintenance facility will be added above interim Page 65 161 � January 18, 10 to be included in the guardhouse control structure section. And under accessory structures it will be /ancillary. MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Does that work, Ms. Student? MS. STUDENT - STIRLING: I had another comment about the deviation on the slopes for the lake. And I have to defer to staff. But that's no longer in the Land Development Code. And I understand it used to be. So the question is can we now deviate for excavation matters since it's been moved over to the code of laws? Is that the policy of the staff? MR. BELLOWS: For the record, Ray Bellows. We're not deviating from the LDC, it's no longer a true deviation. However, there is a standard in the Laws of Codes and Ordinances that they want to be sure they can apply different standards to. And I don't have a problem listing it in the PUD document and having staff talk about it as a change from what normally would be required. Just so everyone is clear what's being asked of. MS. STUDENT - STIRLING: Thank you. CHAIRMAN STRAIN: So the deviations, you're telling us that basically staffs in agreement, not -- you do not agree with some of the deviations listed? MR. YOVANOVICH: I thought staff was in agreement on all of the deviations. CHAIRMAN STRAIN: Except for the lake standard. MR. BELLOWS: I have to defer to Melissa on her final analysis on whether she's supporting all the deviations or not. MS. STUDENT - STIRLING: But I don't think that's the correct label for it. Because you can only deviate from the land code -- MR. BELLOWS: That's true. MS. STUDENT - STIRLING: So what I'm trying to ask staff is, because this was moved over into the code of laws in'04, is it still the policy that you can deviate from things under the excavation section in this process? MR. BELLOWS: It's my understanding that the PUD document can contain different development standards from the laws of codes and ordinances. Whether it falls under the deviation process I think is a semantics type term. And I don't have a problem with leaving it in there as a so- called deviation. I've talked to the director to make sure we address it more clearly in the future. CHAIRMAN STRAIN: Okay, question seems to be -- I'm wondering whether or not you can deviate from the code of laws or how you change the code of laws. Margie, I see you keep asking Ray. You're the attorney. The code of law seems to fall under the legal department. Can the code of laws be modified by a PUD document or does it have to go through an ordinance process with the BCC? MS. STUDENT - STIRLING: In my understanding, and I'll straighten it out before the BCC -- and it's a little bit mixed, because things have changed. It used to be the PUD can vary anything. And then we came up with the deviation process, and it was my understanding that that only deviates from requirements in the Land Development Code. And excavation used to be in the Land Development Code, then it was moved to the code of laws. So if you want to look at it purely substantively, I would say just because it was moved and you used to be able to deviate from it, you probably still ought to be able to. Because it becomes a form over substance argument just because the thing was moved out of there. So I'm going to have to straighten this all out because of these changes over time between now and the board, if you make the motion with that direction. CHAIRMAN STRAIN: Thank you, Margie. That's a simple answer. Page 66 r 1 11 18 January 18, 2007 MS. STUDENT - STIRLING: I'm not trying to get -- there's a convoluted history here. So that's what makes it convoluted. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: Right. And for my two cents, from what I understood was when we did the recodification of the LDC, it was not intended to change anything, it was supposedly to make it simpler. So I would -- I don't think the intent was to take away the ability to get a deviation from those provisions. MR. BELLOWS: I think that's why we've been applying it in other similar situations. CHAIRMAN STRAIN: In this particular case, since we don't have a staff report on the deviations and there is a light slope issue, has staff reviewed that in regards to the engineering department? MR. BELLOWS: I'd have to defer to the principal planner. MS. ZONE: I'm Melissa Zone, principal planner with zoning and land development. I spoke with engineering as well as landscaping. If you go to a three -to -one slope, the LDC requires a certain type of planting. The reason why they normally have a four -to -one is so that the -- when someone's coming in with a lawnmower that it doesn't flip. So if they're deviating and going to a three -to -one, they have to have specific plantings that are required by the LDC. So there's that option. Because they -- the type of planting, and I know their landscape architect could expound on that, staff felt that this could be, again, a deviation that could be approved or not approved. Staff was going to go by the recommendation of the planning commission. It would just be if they did do three -to -one, they could not have a standard landscaping. They'd have to have native vegetation. CHAIRMAN STRAIN: Okay, thank you. MR. YOVANOVICH: Continuing on. The -- there needs to be a couple more revisions to the PUD document to make it consistent with what was said at the neighborhood information meeting. We need to change the height from 65 feet to 57 feet. And we also, and I'll take responsibility for this, but when we submitted the first draft of the PUD document, we had the standard language in there about making a donation to affordable housing. When we switched the formats around to try to get as close to the new PUD format, that provision somehow didn't make it in the switch and it needs to be in there. It was in our original draft that we submitted to the county. I missed that in the proofreading, so we need to add that back into the PUD document. And again, we would pay the $1,000 at closing, and it would be a credit against any linkage fee that may or may not be adopted by Collier County. Finally, we need to include in the commitments, we agreed that we would plant trees 16 feet in height versus 12 feet in height, as called for in the LDC. So that needs to be added to the PUD document as well. And if the motion is to approve, it needs to be part of that motion. Your staff has reviewed our submittal, is recommending approval of the project and the PUD in front of you. We are requesting that the planning commission forward the petition to the Board of County Commissioners with a recommendation of approval. And that is our overview of what is before you. And we're available to answer any questions you may have regarding the project. CHAIRMAN STRAIN: Are there questions? Mr. Kolflat, then Mr. Schiffer. COMMISSIONER KOLFLAT: You mentioned about Airport- Pulling Road, the level of service. I didn't understand whether you said E for Edgar or D for David. MR. YOVANOVICH: The adopted level of service E for Edgar. And the actual is C for Charlie. COMMISSIONER KOLFLAT: Now, as I understand this conversion, commercial conversion aspect, that was initiated primarily to give commercial properties that might be highly intensified with commercial uses the opportunity to convert to residential and send to residential by adding those 16 more density units. Page 67 161 181 January 18, 2007 MR. YOVANOVICH: Actually, no. What happened in 1989 when the Collier County Comprehensive Plan was adopted, we went to an activity center designation for where we wanted to have office and retail development. There were several either improved properties, which this one was, and it received an exemption because it was improved, or zoned property that was unimproved that was commercial outside of these activity centers. And there's a provision included in the comprehensive plan to incentivize the conversion of those commercial either improved properties or just zoned properties to residential. And that's where you can come in and ask for each acre of commercial you convert, you can ask for up to 16 units per acre. COMMISSIONER KOLFLAT: But the intensity of a theme park seems to me to be far less than the intensity of other commercial designations. MR. YOVANOVICH: Actually, if you look at it, you find -- you can't even ask for it unless your property is zoned C -4 or C -5, which are the most intense of the zoning categories as far as retail development goes. COMMISSIONER KOLFLAT: It seems to me that this credit of 16 density units is geared for other types of commercial properties rather than theme park. MR. YOVANOVICH: Well, I disagree. I think that -- COMMISSIONER KOLFLAT: It doesn't say that, I realize. I don't know whether that was the legislative intent when they instituted it. MR. YOVANOVICH: If you want to look at it from an intensity standpoint, we're actually reducing the traffic impacts by converting from the amusement park to residential. So it really is a reduction. If you want to apply it the way you're applying it, Mr. Kolflat, which I don't think is what the comprehensive plan requires, it still would be a reduction in intensity. COMMISSIONER KOLFLAT: That's all I had, Mark. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: And Rich, I'm kind of back on the conversion thing. I always thought that that was an isolated area of commercial. Let me read what it says. It says, if a project includes conversion of commercial zoning, that is not consistent with any subdistrict allowing zoning uses. So how does that apply? In other words -- MR. YOVANOVICH: It applies as follows: If this property were zoned agricultural today, the only -- and Willow -- I keep wanting to call it Willow Run, I know that's wrong -- Willow Park didn't exist. I could not ask for commercial uses on that property, because it's not in an activity center. Your comprehensive plan discourages commercial development on this piece of property. So it provides a provision to convert to residential. So that it would be consistent with what the comprehensive plan wants on that property. COMMISSIONER SCHIFFER: But it's in the urban mixed use district and we couldn't put commercial in there -- MR. YOVANOVICH: No, you can only put it in activity centers. COMMISSIONER SCHIFFER: It's kind of irrelevant. I mean, if we move the commercial in here, don't you orphan Willow Park then? MR. YOVANOVICH: No. They could, I guess, at some point could come in if they -- I don't think it's going to ever happen. I mean, there's too many new buildings there. But they could come in later and request a conversion. COMMISSIONER SCHIFFER: So the line's not consistent with any subdistrict. That means -- MR. YOVANOVICH: The activity center subdistrict. COMMISSIONER SCHIFFER: Subdistrict equals activity center. 161 1 B January 18, 2007 MR. YOVANOVICH: On this particular page, yes. And your comprehensive planning staff has reviewed this and obviously has agreed with the interpretation of your review, as you can see through their executive summary. COMMISSIONER SCHIFFER: But, I mean, the existing use pattern, everybody is calling this primary commercial in this area. MR. YOVANOVICH: No, I think it's primarily residential in that area. COMMISSIONER SCHIFFER: I'm looking under number two, existing land use in this area. This is a -- pro -con, this is a con. This area is primarily commercial. Anyway, I'm not convinced on that, but that's the -- and the cul -de -sac thing, in the deviation you want, what is -- hold on, give me a second. What is Ordinance 86 -54, the county fire protection code? Does that still exist or has that been -- MR. YOVANOVICH: I'm not sure. And I think that language is what confused everybody. And that's why that language needs to go away and it just needs to be a straight deviation to exceed the 1,000 -foot length of the cul -de -sac. COMMISSIONER SCHIFFER: And when you are looking for the width of 40 feet, obviously the cul -de -sac will be built to department standards. MR. YOVANOVICH: Right, right. And if we need to clarify like we have on others, Mr. Schiffer, we can do that. COMMISSIONER SCHIFFER: The other question is the height of the building. Would you have a problem limiting or increasing kind of a setback for those areas up against Walden? What I'd like to suggest is that anything over 35 feet, which would just be your multi - family, not get any closer than a two -to -one ratio, two being horizontal, one being vertical, to the northern PUD property line. MR. YOVANOVICH: We can't fit it in. If you look at it -- let me put a -- if you look at the aerial, you'll see that the northern boundary is really not adjacent to any residential uses within the Walden Oaks PUD. We have pulled back, if you will. To the east you can see some condominium buildings within Walden Oaks, and that's where we have moved the residential away. And we're going to keep the lake, obviously, and we've going to have our clubhouse and pool and then residential structure. So we've addressed that issue, residential, residential. And we think we -- we can't fit what we need to fit to make the project work if we were to go to a setback that you're suggesting from the northern property line. COMMISSIONER SCHIFFER: Then how close to the northern property line could you put the 57 -foot high building? MR. YOVANOVICH: The setback in the table -- COMMISSIONER SCHIFFER: Conceptually that can be the rear. MR. YOVANOVICH: Well -- I mean, well, theoretically it would be a rear yard of 15 feet. But we already have a 10 -foot landscape buffer and a 15 -foot utility easement, so it's 25. COMMISSIONER SCHIFFER: But that will put the back door right in the buffer. MR. YOVANOVICH: It would put it on the utility -- yes, it would. COMMISSIONER SCHIFFER: Okay. All right. I still think it should be further back, but I'm through with questions. CHAIRMAN STRAIN: Mr. Murray, then Mr. Adelstein. COMMISSIONER MURRAY: Okay. I'm looking at your PUD, application for PUD. It's dated June 14,'04, which may very well be valid. And I'm looking at the page -- well, what page is it here? It's disclosure of interest information. This is the second page of that document. And it's asked about 45, and it asks for names. Toll Brothers, it says publicly traded. Is that sufficient? 16 1 191 January 18, 2007 MR. YOVANOVICH: Yes. And you don't have to disclose shareholders if you're publicly traded. CHAIRMAN STRAIN: Wait a minute. You asked the applicant, he produced the document. He's always going to say yes. I'd like to ask Margie if she agrees. MS. STUDENT - STIRLING: I do agree. Because on publicly traded companies, you have thousands and tens of thousands of shareholders. COMMISSIONER MURRAY: Yeah, I wanted to be sure that I was correct on that or knew what I was talking about. In that connection then, all right, on the affidavit where it speaks to property owners, I see that there were two property owners, Deborah and Robert. But only Robert signed. I don't know if that -- maybe I'll ask the attorney about that, if that's appropriate. MS. STUDENT - STIRLING: Well, it's an application. It's not a deed or anything like that. And if they're husband and wife, I mean -- so I'm going to make an assumption, maybe incorrect, that he was acting as agent for his wife. COMMISSIONER MURRAY: Okay. I'm trying to do my duty here and see that everything is right. MR. YOVANOVICH: And just if you will, the affidavit is from the corporation. MS. STUDENT - STIRLING: Oh, okay. MR. YOVANOVICH: Okay? So Bob is an officer, an appropriate officer in the corporation, and he can sign the affidavit on behalf of the corporation. We're disclosing to you who the shareholders are of the corporation. That's 50 -50. But the corporation owns the property. COMMISSIONER MURRAY: All right. I see that on your -- what was on the staff report. But it refers to the mid -rate or the high of $400,000, but no affordable housing. And I wondered if we had an opportunity here, where any consideration was given to gap, because we're getting so close now with the market dropping down. I'm wondering why you wouldn't want to provide workforce housing for folks. Is this going to be an up -scale operation, at $400,000? MR. YOVANOVICH: Well, Toll Brothers prides itself on doing up -scale luxury communities. It's going to be based upon what the market conditions will allow for the units. COMMISSIONER MURRAY: By the time it's built, it may very well be back up to $600,000. MR. YOVANOVICH: Yes, it could oscillate your way, depending on the market. No, when we had the neighborhood information meeting, we provided information based upon what we thought the market conditions were at the time. And the market was pretty good, during that neighborhood information meeting. COMMISSIONER MURRAY: Okay. And the last question I had, or comment, perhaps, is while it's in the criteria cited for us to make a determination, it struck me that one of the pros and cons stipulated or stated is Page 3 to 5 of those items -- sorry for my struggle -- the rezone. It says there is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. Now, I don't know if that's your phrase or if that's staff s phrase or -- staff usually takes it right from your PUD, right? MR. YOVANOVICH: No, that's not our language. Can you tell me what item numbers? Is it eight, nine or 10 that you're reading? COMMISSIONER MURRAY: I'm looking at Page 3, and I'm looking number 10, con. There's no guarantee that the project will be marketed in a manner comparable to the surrounding developments. I just wondered what that really meant. You can't answer it? MR. YOVANOVICH: You're going to have to ask staff that question. That's staffs conclusion. COMMISSIONER MURRAY: Thank you. Those were my questions. CHAIRMAN STRAIN: Mr. Adelstein? Page 70 Ja1 ar 118, 007 l COMMISSIONER ADELSTEIN: Yeah, one time I did hear what you said. On Page 6 of 8, height, which was stated at four stories, and 57 feet. Is that what you said? MR. YOVANOVICH: Correct. The zoned height will not exceed 57 feet. And we need to correct the development table to reflect that. COMMISSIONER ADELSTEIN: I wanted to make sure. CHAIRMAN STRAIN: Is that all, sir? COMMISSIONER ADELSTEIN: (Nods head affirmatively.) CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Just to talk about the deviations here for a minute. I think deviation number two is really a deviation that is being asked for just because the petitioner doesn't want to have to do what they're supposed to do. There's no real reason for this deviation. So why we would ever approve them, I can't imagine. The same with deviation number five. The reason given for the deviation is because the site is narrow. Well, the only issue here is that we are trying to cram 10 pounds into a five -pound bag, and that's why this narrow site just can't handle it. And this deviation also is not really one that should be entertained. I spent about a half an hour on the phone with Mr. Yovanovich talking about the conversion of commercial and the density issues involved with this PUD. I'm going to wait and talk to staff first about the transportation and comp. planning, and then I'll address it again. CHAIRMAN STRAIN: Okay, any other questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: I've got a few, Richard. Put your stuff away. Margie, I got a paragraph I want to the read to you. MS. STUDENT - STIRLING: Okay, what page? CHAIRMAN STRAIN: You won't find it in anything yon ve got. It says, regulation for development of Princess Park shall be in accordance with the contents of this document, PUD zoning regulations and restrictions and other applicable sections and parts of Collier County zoning ordinance in effect at the time this document is approved. Now -- MS. STUDENT - STIRLING: I don't like that. CHAIRMAN STRAIN: Huh? MS. STUDENT - STIRLING: That seems to vest them at the time of zoning, and I don't like that language. Because if the code changes -- also, it's a reference to the zoning ordinance instead of the Land Development Code. But that means that they have vested themselves for the language that exists in the land code at the time of approval of the PUD. CHAIRMAN STRAIN: Thank you. Did you review in your legal analysis -- MS. STUDENT - STIRLING: I don't recall -- CHAIRMAN STRAIN: Margie? MS. STUDENT - STIRLING: I don't recall seeing that language. CHAIRMAN STRAIN: It's in the recorded document that is part of the PUD 84 -34. MS. STUDENT - STIRLING: I was in -- I was practicing -- just out of law school and practicing law in New Jersey then. CHAIRMAN STRAIN: Does that mean this wasn't relevant? Doesn't it still carry weight? CHAIRMAN STRAIN: That was in the old'84 document. CHAIRMAN STRAIN: Correct. MS. STUDENT - STIRLING: I guess for the development -- of that development at the time. But we're getting rid of that PUD and doing a new PUD. So I don t think -- Page 71 1619 191 January 18, 2007 CHAIRMAN STRAIN: Margie, I know that. It's hard to get an answer from you today. MS. STUDENT - STIRLING: I don't think it's relevant. CHAIRMAN STRAIN: To what? I didn't ask a question yet. I just read a statement to you, and you told me, from what I understand that it vests the development for the -- for their particular development for this PUD to the documents at the time. In fact, it references the Collier County zoning ordinance. In your legal review of this PUD, did you review the Collier County ordinance in effect at the time of this PUD? MS. STUDENT - STIRLING: No. CHAIRMAN STRAIN: Okay. I did. It's 82 -2. And the zoning ordinance at the time of this PUD had more zoning classifications than we have today. One zoning classification, which this one comes under is the recreation and open space district, RO. 82 -2 had an RO as well as a C for commercial, R for residential and I for industrial. Now, if you read the RO, that's their facilities. All the -- it's a recreational open space unit. So how can they qualify for a commercial bonus conversion when their own PUD that they qualify under says they will come under the zoning category and ordinance of the time, and the ordinance of the time classified them as recreation and open space, not commercial. MS. STUDENT - STIRLING: I am going to have to ask comprehensive planning staff that question because they're the ones that do that review and make that determination? CHAIRMAN STRAIN: Are they here today, Ray? MS. STUDENT - STIRLING: Yes, there is a gentleman here from comprehensive planning. CHAIRMAN STRAIN: Mr. Bosi, welcome. If you want to grab a mic. COMMISSIONER KOLFLAT: Not really. MR. BOSI: Absolutely. Mike Bosi, comprehensive planning. I didn't know if you had -- you were in the portion of entertaining questions to the applicant. I'm not sure if you were ready to make that transition to staff, but with the allowance, I will certainly make an attempt to -- CHAIRMAN STRAIN: Mr. Bosi, can you answer a question? MR. BOSI: Yes. CHAIRMAN STRAIN: Did you review the zoning ordinance in place at the time of the original PUD for this Princess Park PUD? MR. BOSI: No. CHAIRMAN STRAIN: Okay. Well, I'm not sure you can answer my question, but you can try. MR. BOSI: The manner in which we looked at this property, in commercial, in 1989 when we adopted the Growth Management Plan, we created -- the Growth Management Plan at that time that we adopted said we wanted to concentrate on all commercial in activity centers. Well, we realized that not all commercial at the time of the existing land uses were at activity centers. So they went through an exercise, and basically they created the maps -- or a map that was called properties consistent by policy. And these were for commercial properties that were existing land uses that were outside of the activity centers. Well, Princess Park PUD at that time in 1989 was found to be -- was identified as a commercial property outside of an activity center and therefore consistent by policy. And a second instance where this county with staff, the planning commission, the Board of County Commissioners recognized this property as commercial was -- and Mr. Yovanovich referenced it within his -- within his presentation, was how Willough Park PUD qualified underneath -- or within the office infill commercial subdistrict, meaning that it would have to be adjacent or adjoining to an existing commercial property. Page 72 Ja uaary1 18, D07 So in 1989 and when the Willough Park PUD was approved, the county, the county staff, the county advisory board and the planning commission and the Board of County Commissioners have applied a commercial designation to this property. To -- and in staffs purview, for the sake of consistency, for a reasonable expectation for how we've treated this property over the course of 18 years, the recognition of commercial classification was determined and therefore the consistency review reflected that this property did indeed qualify for the conversion of commercial to res -- to residential in the density bonus. The question, I believe, would be how is it between when this -- when this PUD was approved in '84 and the zoning classifi -- or the zoning regulations that were in place that were enacted in '82, how was it in'89 that somewhere along the process that we've switched it from recreation open space to commercial? I wasn't here, I was maybe in grade school at that time. Not sure how that happened. But what we've done for the past 18 years was designate -- or was view this property as commercial. And therefore, our consistency review was a continuation of that -- of those past 18 years in how this property has been handled by the county. And those are the only explanation or answers I can provide with regard to that. Any questions that you may have? CHAIRMAN STRAIN: In the way that you've reviewed and treated this property in the past then 18 years may not have risen to a level of concern as it does here today. Because they're asking for a substantial density conversion bonus in an area that already has a density deduct because of its traffic congestion. And it certainly seems inappropriate to turn around on one hand and demand a deduct for traffic congestion, then turn around and say that because we made a decision 18 years ago, that nobody knows exactly maybe how that was done and now can apply for a commercial conversion to a much higher density than would have otherwise been allowed. You know, you had a zoning in'84, it was zoned, and is zoning by Margie's comments was vested by the documents it referenced. I don't know if staff in'89 took any of that into consideration. I don't know if they made a mistake. But I do know I don't feel it's appropriate to continue with a mistake. MR. BOSI: What I would say in response, and it's been repeated many times at the dais and at the podiums is that bonus -- or the conversion of commercial residential and up to 16 is not an entitlement. Whatever the planning commission, whatever the Board of County Commissioners would deem appropriate at the time is all that you're obligated, based upon the conditions that are set forth in the application. Whatever density then you arrived upon, based upon those factors is all that they're entitled to. There is no entitlement with it. What you're asking is can this property even be zoned to residential? Because what your statement was, that it should never have been commercial and therefore they shouldn't be entitled to the bonus? CHAIRMAN STRAIN: It can be zoned residential. It's the bonus part that concerns me. If they came in for another bonus application under a different application, fine. But this particular bonus, I have a hard time understanding how it's applicable, based on the vesting of the documents language to the zoning conditions in 1984. And you haven't been able to answer that because you were probably in grade school, as you might have said. But without that answer, and without some difinitive proof that that was taken into consideration back in'89, I'm not sure we're perpetuating a larger mistake. That's all. MR. BOSI: I was going to say, for 18 years we've perpetuated the view that this has been deemed commercial. And how the planning commission feels to deal with the issue, unfortunately I don't think I'm going to be able to fill in all the gaps. Page 73 161 181 January 18, 2007 CHAIRMAN STRAIN: I realize that. Thank you, Mike. I appreciate your input. COMMISSIONER SCHIFFER: Can I ask Mike a question? CHAIRMAN STRAIN: Sure. Go ahead. Mike, hold on a second. COMMISSIONER SCHIFFER: And Mike, just purely out of the code. Do you believe that -- what does it mean when it says, if the project concludes conversion of commercial zoning that it's not consistent with any subdistrict allowing commercial uses? What does that mean? MR. BOSI: Could you repeat that? COMMISSIONER SCHIFFER: It's the conversion paragraph. If the project concludes conversion of commercial zoning, that it's not consistent with any subdistrict allowing commercial uses. MR. BOSI: That would mean that the location of the commercial -- of that commercial zoning in its existence, if it did not -- if it didn't -- if it weren't classified or qualified under an existing subdistrict that would allow for commercial, therefore that's how it gained its recognition of consistent by policy and therefore added to the map. I think that's the question you're asking me, how did it get onto the original map that deemed it as commercial; is that the question? COMMISSIONER SCHIFFER: Well, I'm not sure what it means. It's the answer I'm looking for. We've discussed this with David Weeks quite a bit, and David always explained it as this is how we clean up isolated pockets of commercial throughout the county. So I guess for this to be available -- I mean, it's kind of a reward if you're if the middle of a residential area with tiny commercial -- MR. BOSI: Well, for whatever reason, however it happened, at the time they were saying however that commercial became into existence at the time that we were doing the reevaluation in '89 when we were looking, we were trying to isolate our commercial to only the activity centers, that those existing uses that were out there, however they got there, were existing. And we're not going to make them noncomplient; therefore, they're deemed appropriate by policy. But if they came forward today, they wouldn't find a subdistrict that would allow them to go forward. COMMISSIONER SCHIFFER: But I mean, so -- I'm still not sure what that means. Do you know what it means, Mark? CHAIRMAN STRAIN: No, I -- well, that's part of the crux of my problem with this whole conversion issue. COMMISSIONER SCHIFFER: Because it can't be in activity centers. If it does, I mean, the paragraph before and after, everybody's using the word activity centers, it wouldn't shyly avoid using -- MR. BOSI: It doesn't just mean activity center. It means any subdistrict that would allow for commercial zoning. That property, wherever it was located at the time in 1989, there wasn't a subdistrict that could be applied to it to make it fit within our Growth Management Plan and therefore that's how it found its way onto that map. COMMISSIONER SCHIFFER: What's a subdistrict? MR. BOSI: Infill office commercial subdistrict. There's certain conditions that could be met for a property to qualify for commercial underneath those guidelines. Those are subdistricts within the urbanized area. You have various subdistricts within there that if you meet certain criteria you're allowed certain uses. COMMISSIONER SCHIFFER: I would -- MS. STUDENT - STIRLING: And in the land use designation description of the comprehensive plan, there are several subdistricts listed. At first there were only a handful, but over time private petitioners have come in and they've created subdistricts in the Golden Gate area. Subdistricts -- Orange Page 74 161 19 January 18, 2007 Blossom I think is one, and you have some mixed use subdistricts, and they're all labeled under the future land use designation description. And what I take that to mean, just hearing that orally, is it just means if they could not fit at that time under one of those subdistricts. And at the beginning we had a handful. CHAIRMAN STRAIN: Before we go too much further, I was remiss in something I was notified about a few minutes ago and that is we need to switch court reporters. Cherie', I'm sorry. Her face is not as familiar with us as the others that have come into to us and I kept forgetting why she's here. So we'll take a few minutes, no more than five, you signal us when you've switched and we'll resume. (Recess.) CHAIRMAN STRAIN: Okay. Mr. Schiffer, we left off with your questioning. Are you finished or do you have others? COMMISSIONER SCHIFFER: Well, I'm still not sure, but maybe Melissa can -- CHAIRMAN STRAIN: Okay. Let's try to finish one line of questioning and then we'll get into others. MS. ZONE: Okay. Melissa Zone, principal planner with the department of zoning and land development. There are some issues that are going on about the land use. I would like to do some clarification. Commissioner Strain, you referenced the original ordinance 84 -34. And I'm going to use that as our base to discuss this. Before I get into what the ordinance is though, the federal goverment back in 1920 established and recognized four land uses that are still only used until today, which is agricultural, residential, commercial and industrial. Under those four land uses you have subcategories. Goods and services, which recreational falls under services, is a commercial use. So as recreational use is considered, it is not residential. It is not industrial. It is not agricultural. It is a commercial use. In section two, page three of the PUD ordinance 84 -34, number two, comprehensive plan, it reads: Designates the area of Princess Park as urban. Golf courses, playground and other similar recreation and open space uses are permitted, non - residential land uses. So what that paragraph is saying is that they recognize this is a non - residential land use and these are permitted uses under the statement of compliance. On the very next page, section three of the project development description, which our Chairman read 3.2, the general statement, the regulations for development of Princess Park. It is a standard paragraph. It says when -- basically if it does not -- if it is not spelled out in the PUD document, then you defer to the regulation of the LDC and the LDC zoning ordinance. Underneath 3.2 you have 3.3(A), which is the project plan. And it talks about that the development calls for miniature golf course, mini car track, which some know as the go -cart tracks, bumper cars, kiddy cars, an array of all recreational uses. All of those uses are under services in our standard industrial code book, which are considered commercial uses. Since 1989, from what Mike Bosi has said, that Collier County has also considered this area a commercial district. It is a mixed -use district because there is residential next to commercial. But what the applicants are doing here is they are down zoning or asking to down zone the property. And from down zoning -- and this is a legal issue that Marjorie could expound on. When an applicant comes in to down zone, most government agencies offer more -- a higher density to get them to down zone because of the ability -- the property -- you lose value in the property when you down zone. And so the comprehensive plan recognized that and that's why they gave the Page 75 161 19 January 18, 2007 additional density to encourage commercial zoning in this area to come down to residential. If you have any questions, I would be happy to address them. CHAIRMAN STRAIN: Mr. Schiffer, you're still trying to get an answer to a question or have you gotten it by now? COMMISSIONER SCHIFFER: No, I don't. Sony, Lee. This thing is in the urban mixed -use subdistrict; is that right? MS. ZONE: Correct. COMMISSIONER SCHIFFER: And are commercial uses allowed within that? MS. ZONE: Yes. COMMISSIONER SCHIFFER: How is this taking advantage of the 16 units per acre if it's in a subdistrict that allows that? MS. ZONE: Well, it's an allowable use. It is a permitted use to commercial because it is an approved PUD. What they are doing is now down zoning. And so they're taking the GMP, our growth management plan, provision that says that if you want to down zone from commercial to residential we will give you additional density for that. It's an incentive. CHAIRMAN STRAIN: Marjorie. MS. STUDENT - STIRLING: Yes. I was here when we did the comp plan. I think what subdistrict means -- it doesn't mean that it's in the urban district. Because the County as a whole has an agricultural area and an urban area and some conservation areas. Because if he said, well, if you have anything that was commercial in an urban district in the County, then you never would have been able to do any conversion of commercial. Because the urban area you have commercial uses that are allowed, along with residential uses. But the idea was that commercial would go into an activity center. And that was the only place that they were supposed to be really at the time, except for what was vested. So that was put in there -- Charlie Gauthier was the author of it -- to incentivize getting rid of the commercial that was nonconforming because it wasnt in an activity center and directing them into activity centers. And that never would have worked if you would say, well, commercial is allowed in the urban district or urban subdistrict so since -- you have commercial allowed in there, they have the whole array of uses, including the nonconforming commercial, as well as the proposed -- which later adopted activity centers. That can't mean that. What I believe it means if there is any other subdistrict in the urban area that it could have gone, which at the time it couldn't, then you wouldn't be able to do that. But you're taking a larger look at the urban district. And as far as whether it is a commercial use or whatever use, that is really a planning call. That's -- CHAIRMAN STRAIN: Mr. Kolflat, I have got to finish with Brad first. I want to let him get done. Brad, I don't know if you're going to get any more answered than you've already gotten. It is up to you if you want to pursue it anymore or you want to go on. MR. YOVANOVICH: As the applicant do I get a chance to respond? CHAIRMAN STRAIN: If he wants to ask that question. MR. YOVANOVICH: He has already asked the question, so I would hope that he -- you have to go -- and you probably don't have the comprehensive plan in front of you. COMMISSIONER SCHIFFER: I actually do. MR. YOVANOVICH: I do, too. So if you were to look at what Marjorie just said, she is referring to the urban -- from the very beginning. Because you have to flip through. Page 76 January 18, 200 She is talking about the urban designation. And within the urban designation there are probably 20 or so subdistricts. COMMISSIONER SCHIFFER: Correct. Correct. MR. YOVANOVICH: Okay. And what that language specifically says -- the conversion it says if the project includes conversion of commercial zoning that is not consistent with any subdistrict -- any of the 20 or so subdistricts within the urban area, then it is eligible for a conversion. So at the time this property -- the comprehensive plan was adopted, there were no commercial subdistricts for which this property was eligible to become or be commercial property. So the conversion would be allowed. And specifically your comprehensive plan, which, like it or not, we have to follow. You have maps that are adopted as part of the comprehensive plan. And those maps specifically say that we are compatible or we are consistent by policy, which means they made the determination that this use -- this commercial use is not allowed on the property. It is being allowed because it was improved property under that map. So that factual determination and that policy determination has already been made by the Board of County Commissioners, end of story. That's what the comprehensive plan says. And you can't -- you can't pick and choose which provisions of the comprehensive plan you want to apply. You have got to apply them all. And this has been through many challenges. It's been adopted and readopted I don't know how many times. But that issue has been resolved by the adoption of those maps. Now, the question becomes: Do I get all 16? Do I get a number less than 16? Those are the issues that need to be addressed through this petition. I can tell you that the property makes no sense as a residential development at four units per acre. It just makes no money. It will have to stay the amusement park it is today for it to work. We can't -- we have looked at all the different -- we have looked at an affordable housing project. It doesn't work. COMMISSIONER SCHIFFER: You're going into more of a sales on the project. Let's stay on the subject of this thing for a second. MR. YOVANOVICH: Okay. COMMISSIONER SCHIFFER: So essentially what you're saying is that this property is deemed consistent on the map. To prove that you actually have a property below, south of that, to show that it too is consistent because it is in this district of commercial uses or in this area of commercial uses, right? I mean, to get the Willow Park you had to prove to the Board that this was essentially a commercial area. MR. YOVANOVICH: Correct. It was improved commercial at the time. That's how Willow Park came in. COMMISSIONER SCHIFFER: And now we are pulling -- now we want the reward of removing this commercial because it's not consistent with the district. MR. YOVANOVICH: Okay. And I don't see where that is inconsistent with your comprehensive plan. The comprehensive plan says we would prefer that this property, Princess Park, not be commercial. You have other examples where it could be -- well, Walden Oaks itself. It has got both office and residential in it. COMMISSIONER SCHIFFER: Correct. MR. YOVANOVICH: That doesn't mean it can't be compatible. It doesn't mean you can't have Page 77 16' 1B January 18, 2007 residential next to office. COMMISSIONER SCHIFFER: Okay. I think we are -- we're not getting anywhere. I'm cloudy still. CHAIRMAN STRAIN: Well, Willow Park qualified as commercial because somebody decided this recreation and open space area zoning was commercial. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Now that Willow Park gets its commercial, the recreation open space zoning wants to be commercial just for a conversion to go back to residential, which Willow Park then wouldn't have qualified to be next to. COMMISSIONER SCHIFFER: So are we inventing leapfrog zoning then? CHAIRMAN STRAIN: Circular argument. COMMISSIONER SCHIFFER: Well, let's end it though. CHAIRMAN STRAIN: I think we have beat it pretty well. Mr. Kolflat. COMMISSIONER KOLFLAT: Yes. I wanted to ask the gentleman from comprehensive planning. You agree this commercial conversion is not entitlement, don't you? MR. BOSI: Oh, absolutely. Absolutely. COMMISSIONER KOLFLAT: Okay. Fine. I want to ask Melissa a question, if I could, please. Disregarding the number "C" or letter "C" or other designations we talked about, do you feel that the conversion of this theme park to the project that is proposed is going to be an effective down zoning or less intense use? MS. ZONE: It is a down zoning because it has been defended in our U.S. federal -- the Supreme Court has deemed residential a down zone from commercial. COMMISSIONER KOLFLAT: Okay. MS. ZONE: I go by our planning laws, the Supreme Court and our laws that are enacted here in Collier County. It is a down zoning. COMMISSIONER KOLFLAT: What about from a judgment standpoint, as far as how this property will be used? MS. ZONE: Well, if you had it at a base residential zoning of four units what is going to happen is those homes will stand out more so. And so to have an easier adjustment from the commercial mixed -use district and the residential, a higher density is more appropriate just because of -- for aesthetics and for the transition. Now, at the base density it is not an entitlement. That is determined between the Board -- the Planning Commission and the Board of County Commissioners. If you want it at 11, if you want it lesser, or at a higher -- a higher one. But it is a down zoning, which there has been many -- in court it's considered a taking if we were to remove it. So you have to be very careful and you have to recognize it for what it is. I don't know if that answered your question, Commissioner Kolflat. COMMISSIONER KOLFLAT: Okay. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: In your staff report, Melissa, it says when the GMP was adopted in 1989 it contained two provisions to remove strip and isolated commercial zoning. MS. ZONE: Correct. COMMISSIONER CARON: This is neither strip and it is a commercial piece of property. It is not isolated in any way. It is surrounded on two sides -- both to the north and the south -- by other commercial. 99_. 161 M January 18, 2007 MS. ZONE: Correct. And I mentioned that. That there is a lot of commercial predominantly around that. COMMISSIONER CARON: So once -- MS. ZONE: And when this was zoned back in'84, there were mostly orchards and agricultural land. So this was an isolated commercial zoning at that time. Though in Collier County we -- we use the land use as PUD document, though really though that is a planning tool that -- COMMISSIONER CARON: So you, as staff, are saying to us here in the Planning Commission that we can probably look forward to the commercial to the south coming in for this conversion and perhaps the commercial to the south of that coming in for a conversion and all the way down until we get to the activity center? So it has nothing to do any longer with isolated commercial? MS. ZONE: Theoretically anyone can come in and ask for a rezoning and that would happen. This being a mixed -use district, mixed -use meaning residential /commercial uses, and this area being designated through our growth management plan, staff can only review a project and deem it consistent if it follows the provisions and regulations of our land development code and our growth management code. And that's how we review it. We cannot take it as a personal and look at it -- there are a lot of projects, Commissioner, I would probably like to give my own planning sense, but I have to follow our codes. I know that Mr. Bosi from comp planning also wants to address your question. MR. BOSI: It was just in regards to the properties that exist to the south. You said would they be eligible. They would be eligible if there was no corresponding subdistrict within the growth management plan that would allow them to -- to allow that commercial to be there. I mean, this is how -- this is how this property landed on that map in 1989. It was because we talked about it. It is within a district that only allows commercial if you meet the criteria of subdistricts. This one didn't meet the criteria. Therefore, it was on the map. The property to the south, if it met the criteria for infill subdistrict -- COMMISSIONER CARON: Do you know if it is? MR. BOSI: Excuse me? COMMISSIONER CARON: Do you know if it is in the subdistrict? MR. BOSI: In here it's just a circular argument. The commercial property to the south is in the office and infill commercial subdistrict. The only way it qualified though is because commericial to the north is commercial. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Thank you, Michael. Before I go on, I only had one question so far. Anybody else have any questions? COMMISSIONER ADELSTEIN: If you have ten on this case, we'll be here for a week. CHAIRMAN STRAIN: I have a few more. Richard, do you -- maybe it is staffs question. I found an affidavit authorizing Davidson Engineering as their applicant -- it was from a Paul J. Page, represents Page Six, LLC, is that you or anybody associated with this project? MR. YOVANOVICH: No. CHAIRMAN STRAIN: Why is it in my packet? MS. ZONE: I haven't had a chance to come up to actually just do the staff analysis. CHAIRMAN STRAIN: I don't need you to do that now. Just tell me is this -- MS. ZONE: It was put in there by accident when Page 79 l.6 Si January 18, 20 copies were being made. And that should be an omission. That one affidavit. The correct affidavit is a few pages in front of it that shows the owners. But that page -- page three of the -- well, it is not really page three. But that affidavit should be removed from the application. It will be for the Board of County Commissioners, as well. CHAIRMAN STRAIN: Listen. That's fine. Let's get on. I still -- I would like to get to my applicant's questions from me before we go into your staff report. Richard, your TIS. I know I spoke to you about this, so I hope you're prepared to respond to it. You used the ITE rate code based on amusement park, yet Mr. Bellows in his elaborate report in 1988 said that the one to use would be the multipurpose recreational facility of the ITE manual. And Mr. Kant supported Mr. Bellows and you agreed with the both of them, based on the court transcripts or of the project transcripts at the time. So I would like to know: Have you done an analysis using that other ITE? MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: What is the outcome of that? I wasn't able to do that. MR. YOVANOVICH: Actually, Mr. Strain, I can have Suresh come up here if you prefer. I will report the conclusions if you want me to explain the details. Actually, if we use the category mixed -- the one you just described -- CHAIRMAN STRAIN: Right. MR. YOVANOVICH: We would generate more traffic under the ITE manual than the category we actually used in our TIS. So the numbers become even more favorable for us if we were to go ahead and use the other category. And Suresh can come up here and tell you what those numbers are from the ITE manual. CHAIRMAN STRAIN: Are you familiar with Mr. Hoover? Bill Hoover. MR. YOVANOVICH: Am I familiar with Mr. Bill Hoover? CHAIRMAN STRAIN: Do you know Bill Hoover? MR. YOVANOVICH: I have run into him once or twice. CHAIRMAN STRAIN: I figure you had. He provided an affidavit back in the '89 hearing discussing the differences between the multipurpose recreational facility standards and the standards of amusement park. At that time he indicated they were -- Saturday day trip ends are 98 and Sunday day trips are 91. And the amusement park at the time was Saturday day trip ends 180 and Sunday day trip ends 171. I just want to know how the -- how we compare today versus the amusement park that you used. MR. YOVANOVICH: I understand. We are using the most current ITE manual and Suresh can go ahead and answer the question for you. CHAIRMAN STRAIN: Certainly. Sir, you might need to spell your name for the court reporter. MR. KARRE: Good afternoon. This is Suresh Carte. S- u- r- e -s -h. The last name is Karre, K- a- r -r -e. CHAIRMAN STRAIN: And you have to talk slow. MR. KARRE: I'm with Dave Plummer and Associates and I worked on the rezoning traffic study for this project. At the time of the traffic study, I looked at both the multipurpose recreational facility, as well as the amusement park for the trip generation consideration. And what we found was the multipurpose recreational center was creating a higher trip generation than the amusement park. So to be conservative, we used the amusement park so that the trip generation, which is generating -- which is showing lower benefit to the project. At the same time, I would like to point out that this information was provided in the report just for the information. When the project total impacts were assessed, they were based on the project trips. And 161 1B� January 18, 2 07 based on the number of project trips, we provided in the report that the project does not have a significant impact on the roadway. And the staff reviewed it and agreed with the conclusion that it generates less than one percent of the service volume at the level of service on Airport- Pulling Road. Therefore, the project does not have a significant impact on the roadway. The reason I point that out is when we are talking about the difference between the trip generation or the existing use and the future of the proposed project, it is for the information purpose and how it compares. If, in fact, we are dealing with the difference between what it was and the existing conditions and what it is going to be, then that would be have been relevant. But since -- for the project impact, we are using the total proposed project trips. We are not directing any for the existing use. It will not have any relevance on what the project is generating or how the project impacts as the -- CHAIRMAN STRAIN: Can you explain why another traffic engineer would have nearly a 50 percent difference in trip generation rates using the sixth generation ITE manual versus what you're using today? MR. KARRE: This -- the current generation document was updated in 2003 and it is a national standard. And my understanding is that as the Institution of Transportation Engineers, which produces these documents, gathers additional information as the time goes by, they incorporate all the new information and try to reflect the most current information that they have. So probably that is one reason. There is a difference between the sixth edition and seventh edition. CHAIRMAN STRAIN: Using the new information, in either case then you're not creating any more trips basically? MR. KARRE: I'm sorry? CHAIRMAN STRAIN: Using either trip generation rate, whether we use the amusement park or the multipurpose recreational facility, we are not generating any more trips on the road? MR. KARRE: On a daily basis, no. CHAIRMAN STRAIN: On a daily basis. What about an accrued basis? MR. KARRE: We look at both the peak hour, as well as on a daily basis. On the peak hour we did show 30 trips -- approximately 30 trips increased during the peak hour. Again, as 1 mentioned, the significant impact on the LOS of the roadway is measured based on the peak hour trips and we showed that it is less than one percent. And, therefore, it is not significant and it is not adversely impacting the roadway. CHAIRMAN STRAIN: Thank you. You answered my question. I appreciate it. MR. KARRE: Thank you. CHAIRMAN STRAIN: Richard, in the PUD we have a lot of redundant language. So here we go again. The statements of compliance in this PUD are paragraphs. As in previous PUDs, do you have any objection to reducing the statement of compliance to the needed language that we typically see and not the strenuous, redundant language that we have in this particular compliance, just like the last PUD that we talked about? MR. YOVANOVICH: That's fine. I mean, the PUD has to be -- to be adopted, it has been to consistent with the comprehensive plan. I don't know what the ultimate model PUD ordinance is going to look like. So this is -- I guess, we're evolving from what it used to be to where we ultimately are going to go on the form of the PUD. CHAIRMAN STRAIN: I guess, Melissa -- when Melissa comes up, I will ask her specifically. MR. YOVANOVICH: I will point out that Ms. Student did strike several paragraphs that, I believe, she concluded were repetitive and I would agree. And they were -- they will be stricken according 16, 191 January 18, 2007 to her comments to the PUD document. CHAIRMAN STRAIN: To save us all a lot of time, Melissa, could you come up to the podium just for one question? Based on the review of the last PUD and the redundant language there, do we need to walk through each sentence in this PUD or are you familiar enough to make the common strikeouts and corrections? MS. ZONE: I'm more than capable. If the applicant is agreeable, then I would be more than happy to strike out all the redundant and make sure that when we go before the BCC that that is removed. CHAIRMAN STRAIN: That will save 30 minutes of court reporting time. Is everyone comfortable with that? Richard, your deviations -- and the one that I'm concerned about is deviation two. And it says that it requires an excavated area as a maximum of four -to -one slope from existing grade to a breakpoint at least ten feet below control level elevation to allow slopes to be no steeper than three to one. Earlier I thought I heard staff or somebody tell us that this three -to -one slope was going to be on the bank and they were going to be looking at the native vegetation, instead of grass for cutting. But the breakpoint is in the water. Can you explain to me what it is you're seeking so I can -- MR. YOVANOVICH: This has become more confusing than it was really worth to us. It sounds like the code may address this situation. So we'll just remove the deviation and be bound by what the code says regarding the lakes. COMMISSIONER MIDNEY: Yeah. CHAIRMAN STRAIN: Thank you. Deviation five you're seeking relief from the LDC to allow a deviation from a 15 -foot required buffer adjacent to the office complex along the northern property line. I know Commissioner Schiffer talked to you about this. Is this the same issue he was referring to or is this a different one? MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: It is? MR. YOVANOVICH: We're going to have the same plantings that would be in there, but it would be 15 feet, plus 15 feet, which would be a total of 30 when the goal is to only have 15 wide in the first place. We will have 10, plus 15 for the utility easement. So we are going to exceed essentially the code requirements. CHAIRMAN STRAIN: Okay. And I think now that staff is going to make the cross -outs and corrections that is going to save enough time. At this point, that's all the questions I have. COMMISSIONER MURRAY: Mr. Chairman. CHAIRMAN STRAIN: Yes, sir, Mr. Murray. COMMISSIONER MURRAY: It may be appropriate for staff to answer this, but the location of the document is in with the PUD. It is from this -- I don't know how to pronounce his name. CHAIRMAN STRAIN: It is the Bear Creek project. I have that, as well. But that is a staff issue. I'm sure Richard is not going to have the information. COMMISSIONER MURRAY: I wouldn't think he would, but because of its location I thought I would mention it. But it needs to be asked, of course, when Melissa makes her presentation. MR. YOVANOVICH: That's the letter that says since I didn't get it, they shouldn't get it either? CHAIRMAN STRAIN: Yes. He's mad because they didn't have you as their attorney. MR. YOVANOVICH: I will let you know how the hearing turns out. 161 18( January 18, 2007 MS. ZONE: Melissa Zone, principal planner with the department of zoning and land development. I feel like we have gone through so much with this that I'm not sure which presentation -- what more you would need. I do have a question on deviation five. Is that one that you would like removed or were we leaving that one in? I was unclear. CHAIRMAN STRAIN: Mr. Schiffer, you started the questions on deviation five. Do you still have concerns over that deviation? COMMISSIONER SCHIFFER: No. What I was concerned about was with that narrow cul -de -sac and it won't. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And also it's referring to a standard that you're going to take out that's probably been sunsetted three times since then. MS. ZONE: So leave deviation five in? COMMISSIONER SCHIFFER: Aren't you going to remove wording from it referencing standards? I mean, it goes without saying that it has to pass the fire code. There is nothing we could say here to overrule the state fire prevention code. MS. ZONE: I just wanted to know if I should have deviation five or not? I'm just asking. COMMISSIONER SCHIFFER: Was that the length of the cul -de -sac? CHAIRMAN STRAIN: No. That was the buffer. COMMISSIONER CARON: Wait. MS. ZONE: The buffer adjacent to the office complexes CHAIRMAN STRAIN: Why don't you continue. We'll look at that one again and then we'll respond to you after you finish. MS. ZONE: Commissioner Murray, I had called Tom Manusos several times when he sent that letter, which he sent to me certified mail. He finally returned my call. Unfortunately, it was after hours. And I called him back and -- again, he is a difficult person to get ahold of The letter though addresses mostly about affordable housing. And they were coming in to do affordable housing and it was denied. So I'm still going to try to contact the gentleman who wrote the letter, but the applicants here are not proposing affordable housing. I'm not sure how to compare that to. But staff has tried several times to contact him on that. And, you know, I am sure -- I know it is with Bear Creek, but why or what happened he didn't -- since I haven't spoken with him, he hasn't given me that information. I want to talk about deviation three. We have it in there. They are seeking relief from the LDC for the wall to be six feet on a two -foot berm. And they're asking for the fence or the wall height to be eight feet. I went back and forth with the applicant and I was not budging. And I noticed in here it says it should be six, but it does show it on the master plan as six with a two -foot berm. So I just wanted to reassure to everyone with that deviation that that will be corrected. If there are any questions that I might -- COMMISSIONER MURRAY: Just an observation. I think we now know why Toll Brothers doesn't want to put any affordable housing in there. That was a joke. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: Melissa, if the level of service on that road is level "C ", why is it in a traffic congestion reduction zone of one unit per acre? MS. ZONE: That is probably a better question for Nick. They determined that. I didn't. 16 a� January 18, 2007 MR. CASALANGUIDA: For the record, I don't want to see the batting cages go, so I may be biased. I can't answer the question about the congestion management reduction. I think it has to do with the department of intersections. CHAIRMAN STRAIN: Young lady, do you know who he is? MR. CASALANGUIDA: I can tell you comments from -- I think you made prior to the department of traffic study that were reviewed. I can tell you that even without the discussions about the prior trips that were there, the new trips that we reviewed are consistent with the level of service on that roadway. We have seen about a 20 percent reduction on Airport Road since Livingston has opened up. CHAIRMAN STRAIN: Okay. Does that answer -- Mr. Midney, does that answer your question? COMMISSIONER MIDNEY: Next time talk loud. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLAT: Did you say it was level "D" or level "E "? MR. CASALANGUIDA: The roadway service standard is "E ", but it is operating at level of service "C" right now. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Any other questions of transportation? Okay. Thank you, Nick. Melissa, did you have anything more to say? MS. ZONE: No. If you have any questions for me. CHAIRMAN STRAIN: Anything? Did you have a question, Mr. Schiffer? COMMISSIONER SCHIFFER: I do. Melissa, forgetting the conversion, how many units would be allowed on this site? It is in the urban residential subdistrict, which encourages high density. MS. ZONE: Right. COMMISSIONER SCHIFFER: Would 16 be the maximum allowable? MS. ZONE: Correct. That's the maximum. COMMISSIONER SCHIFFER: Start with four? MS. ZONE: Correct. And then with the minus of the one dwelling unit for the traffic congestion, they are asking for 11.7 dwelling units. COMMISSIONER SCHIFFER: Wouldn't we be able in that district to add more units anyway because it is in the urban residential? MS. ZONE: Right. It is in the mixed -use district. And that particular area is a residential subdistrict of the mixed -use district. And so, yes, they are eligible. Not entitled, but eligible. COMMISSIONER SCHIFFER: So the four minus one is the base? MS. ZONE: No. It is four. But then when you add on the commercial conversion of 16 -- COMMISSIONER SCHIFFER: I am saying without that. Forget that. MS. ZONE: Okay. So it would be four and that would be it. And then the traffic congestion area that wouldn't reduce it because it is far less than what would have been. CHAIRMAN STRAIN: You have a minus one for traffic congestion, right? MS. ZONE: Right. COMMISSIONER SCHIFFER: And that would be the base density that is allowed? MS. ZONE: Correct. 161 191 January 18, 2007 COMMISSIONER SCHIFFER: And they could ask for more above that? MS. ZONE: Correct. COMMISSIONER SCHIFFER: And the fact is that it looks like -- MR. BOSI: Clarification on that. They have a base of four minus one for traffic congestion area. The only way they can get above that base is to utilize one of the provisions in the density rating system. And the provision they are seeking to utilize right now is the conversion to commercial. Without that, they can only -- they are only at three. Maybe they could ask for an affordable housing if that was their project. But they cannot get above the three unless they utilize a provision within the density rating system. That's why inherent to the application is the utilization of the conversion of commercial to residential to get their density above that prescribed three, which they would be -- they would be prescribed by the density rating system. COMMISSIONER SCHIFFER: So they have a density bonus? MR. BOSI: They have to utilize a density bonus to get above that three. And the density bonus that they are seeking is the conversion of commercial to residential. CHAIRMAN STRAIN: Kelley, did you know his name is Mike Bosi? Is there any other questions to staff? Mr. Kolflat. COMMISSIONER KOLFLAT: Can we pick a density bonus or density that would be not what they have asked for, but between that and, say, the four? What about if we wanted -- MR. BOSI: The conversion of commercial to residential -- COMMISSIONER KOLFLAT: Would it be all right if we were to say -- we recommend approval of eight units per acre even -- MR. BOSI: Absolutely. Based upon the conditions in the application you can go -- they are asking for eleven. You can go up to 16. You can find it anywhere in between that 3 and that 16 that you would deem appropriate for this site. As I said, that 16 units maximum is not an entitlement for zoning. It is based on how you view the conditions of the site and the conditions of the application, the impacts that it would have upon the surrounding area, the compatibility with the existing surrounding uses. What you deem as the most appropriate density can be between that 16 and that 3. Whatever you feel is in your purview. CHAIRMAN STRAIN: Marjorie. MS. STUDENT- STIRLING: I think we may have advertised, you know, for what they asked for. So there would be a problem going over that. But if you do select something in the range between the two, I think we need to articulate reasons for that, like compatibility and things of that nature, that you find in your criteria for a rezone. And compatibility would be one with surrounding land uses. CHAIRMAN STRAIN: Okay. Ms. Caron. COMMISSIONER CARON: Mr. Bosi, is there any density associated with this property right now? MR. BOSI: Is there commercial -- straight commercial zoning or -- the straight commercial zoning has no residential density associated with it. COMMISSIONER CARON: No density on this property right now? MR. BOSI: No density. January 18, 20 57 I CHAIRMAN STRAIN: Okay. Are there any other questions of staff at this point before we go to public comment? Okay. Ray, do we have any public speakers? MR. BELLOWS: Yes. We did have two. CHAIRMAN STRAIN: Two speakers. Same rules. I believe you were -- if you weren't sworn in, please rise for the court reporter to swear you in. As you come up to the podium when your name is called, please try to limit your discussion to around five minutes. Go ahead, Ray. MR. BELLOWS: First speaker is James R. Smith, followed by Mr. Tress. MR. SMITH: Chairman, members of the Board, good afternoon. I'm glad to be here. I happen to be James R. Smith and I live with my wife at 666 Ilex Circle at Walden Oaks. We have been following this through its inception. And we feel that this would be a benefit to our particular community. As the public seems to go from time to time with the construction of Ipods and computers and everything else, I do believe maybe somewhere down the line that King Richard's Fun Park may just diminish into nothing and turn into a blight. Under the circumstances, that may or may not be true. I like the project the way it has been presented. I think it would be a benefit to our particular neighborhood. It would increase the value of our properties and establish the neighborhood as a residential concern. I thank you very much. CHAIRMAN STRAIN: Thank you, sir. Sir, hold just a moment. Mr. Schiffer would like to ask you a question. COMMISSIONER SCHIFFER: Do you have any concern over the height of structures on your entrance? MR. SMITH: No. I think they are further toward Airport Road. I don't really think it will be bothersome, as far as we are concerned. It just overlooks our lake area and possibly the swimming pool. I don't see that as a problem. COMMISSIONER SCHIFFER: The way they have it written, they could be 15 feet off of that property line, 57 feet high? MR. SMITH: I tell you, we have got tree growth right now, with the exception of a few areas, that would particularly hide most of that anyway. COMMISSIONER SCHIFFER: If you're not concerned, I'm not concerned. MR. SMITH: No. CHAIRMAN STRAIN: Thank you, sir. I appreciate it. Next speaker, Ray. MR. BELLOWS: Mr. Tress. MR. TRESS: My name is James Tress. I live in Barrington Apartments. I have been here for some 35 years, as far as the Naples area. I was also here not too long ago -- I call not too long ago six years or so -- in the zoning hearings of the park when they wanted the higher elevation for the rides, which we objected to and which has thrown more noise into our area. And I have been in contact with Mr. Fluegel from time to time and contacting him about the project and I have walked the area. And I think it would be very compatible and a much better use for everybody around. I used to every once in awhile sit in the position that you did up north. And, of course, I can say this. But you re better qualified than most of my other panels there. And how you have handled the whole day, I hope you don't have to do it five days a week because you have been through. Now, another thing I would like to point out. That Huntington is the closest homeowners' 161 1 January 18, 200 association to the park development. They may have concerns, but I don't think there is too great. I think that they are the ones in which we mostly went to court for before when we were talking about noise, elevation. And I think also that if somebody is concerned about displacement of these particular facilities for children, I think Collier County has done an outstanding job in the rate -- that recent regional park on Livingston Road is an example of a beautiful, beautiful facility that takes some of these -- this area of concern away. And they could also add -- they could add for Nick the whiffle ball court and so forth for his practicing. So, consequently, Collier County has gone a long way, too, to provide facilities. So I don't think that is an issue which was brought up before by the Planning Commission back then. So I, as an officer of the association where I live and actively participating, I believe it would be an asset that -- for this housing to be put in there. Thank you. CHAIRMAN STRAIN: Thank you, sir. Okay. Ray, do we have any other speakers? MR. BELLOWS: No one else has registered. CHAIRMAN STRAIN: Does the applicant wish any final comments? MR. YOVANOVICH: I appreciate the residents coming. We did ask for a meeting with their association directors months ago to explain our project in detail to them. I think we have done a good job of getting the word out for a neighborhood information meeting. Consequently, you don't have anybody here objecting to the rezone that we're requesting. To the contrary, you have people speaking in favor of it. I think your staff has analyzed it and believes that the project as proposed is compatible and consistent with what is around it and will not have a negative impact on the community. We are consistent with the comprehensive plan. We are reducing traffic. And in the worst case, we are certainly not increasing traffic from a daily traffic standpoint. And we are requesting that the Planning Commission recommend to the Board of County Commission approval of the PUD document. Again, if you have any further questions regarding the project, we'll be happy to try to answer them. CHAIRMAN STRAIN: Okay. Anybody else have any final questions? Thank you, Richard. With that, we will close the public hearing and entertain a motion. Mr. Adelstein. COMMISSIONER ADELSTEIN: I move that AR -9403 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations. COMMISSIONER VIGLIOTTI: I will second that. CHAIRMAN STRAIN: A motion has been made by Commissioner Adelstein and seconded by Commissioner Vigliotti. Discussion. Mr. Midney. COMMISSIONER MIDNEY: Would the motion maker and second agree to put in there the commitment made about the affordable housing? COMMISSIONER VIGLIOTTI: There is three -- CHAIRMAN STRAIN: I have got a series of stipulations that I have been writing down. I mean, that is one of them. Do you want me to read all those so we can handle it one at a time? COMMISSIONER VIGLIOTTI: There is a 57 -foot height, affordable housing, and the 16 -foot MEMA 161 1R1 January 18, 2007 trees they agreed to. CHAIRMAN STRAIN: Okay. COMMISSIONER KOLFLAT: Mark. CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLAT: I would like to ask you in your research here on this subject and going back to when -- originally formed PUD, is there anything that indicates to you that this was not an appropriate application of this commercial conversion? CHAIRMAN STRAIN: Well, as I have stated on the record earlier in my discussions with staff and right here, I do -- Tor, I don't have any problem with what they are proposing in regards to what they want to do or even the density. My concern is I don't feel it is an appropriate use of a commercial density conversion bonus. Staff, also who are experts, believe it is. But I don't -- based on the documentation I have reviewed, I still don't buy into that conversion bonus. Now, it has nothing to do with the project. It has nothing to do with the density. It has nothing to do with the fact that -- if anything, the fact that the neighborhood would prefer it over King Richards is a plus. But seeing how -- I can't myself get past that conversion issue. So, unfortunately, I'm going to be declining on voting affirmatively for the motion for that reason. COMMISSIONER KOLFLAT: Okay. CHAIRMAN STRAIN: But for those people who are thinking of voting it and for the motion maker and the second, the stipulations that were also entered into the discussion were that development standards were going to change in regards to the ancillary uses and how to define those both in the table and in the text. The standard affordable housing donation was to be added pursuant to Mr. Midney's comments. As Mr. Vigliotti said, the trees that were going to be at 16 feet heights, instead of 12 feet. They were going to remove deviation number two. And then Mr. Vigliotti said the height. What was the height issue? COMMISSIONER VIGLIOTTI: 57 feet. CHAIRMAN STRAIN: Maximum height was 57 feet; is that -- COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Maximum height is 57 feet. Those are the five stipulations that I have made notes of as we have gone through. Ms. Caron, did you have any? COMMISSIONER CARON: No. I just want to make a comment. CHAIRMAN STRAIN: Let's get past these first. Will the motion maker want to accept these stipulations as an amendment to the motion? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Will the second accept? COMMISSIONER VIGLIOTTL• Yes, I do. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Yeah. I want to make a comment because I think that we're using some rather convoluted logic here with this conversion of commercial on this particular project. Whether we agree with it or not, this project sits in a traffic congestion reduction area. So we go from a base density of four units an acre and we have to take one away. What possible logic do you use to then take away a unit of density and add back nine? This just doesn't make any sense to 161 10, January 18, 2007 me whatsoever. And, additionally, we are sitting here with a commercial product that has zero density on it now and you are going to put 12 units an acre on it. And while you can call it a down zoning, it is still adding density to this area that is not there now. Because, as traffic will tell you, the commercial that is there now is just an attractor. It is not a generator attractor. And what you're talking about when you convert it to residential is creating a situation where you'll be creating traffic, not just attracting traffic. We have heard Don Scott tell us this on numerous occasions. Commercial is an attractor of traffic. It attracts it for a short time. It goes away. When you put residential in place, then you have traffic that is there continuously and has far more impact on the area. I can't possibly support this project at 12 units an acre in this area. I think it is a really gross misuse of the conversion of commercial. CHAIRMAN STRAIN: Are there any other comments before we call for the question? COMMISSIONER KOLFLAT: Well, I would tend to agree with Donna on the aspect of traffic. It's one of those conversion questions. Both of those seem to me to be binding. CHAIRMAN STRAIN: Okay, Mr. Kolflat. With that, we'll call for the vote. We should do this by signifying by aye and raising our hands. All those in favor of the motion, signify by raising your hand and saying aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Five. All those opposed to the motion, same sign. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Motion carries five to four. Thank you all. We will take a 15- minute break and be back here at 3:15. (A short recess was held.) MR. BELLOWS: Okay. CHAIRMAN STRAIN: Thank you, Ray. We'll resume our meeting. Now that we have had some coffee, we can talk really fast for the court reporter. Item #8F PETITION: PUDZ- 2004 -AR -6810 The next petition up is PUDZ- 2004 -AR -6810, the Livingston Greens, LLC represented by George Vamadoe. It is called the Hamilton Greens Project on Livingston Road. All those wishing to speak on behalf of this project, please rise and be sworn in by the court reporter. (All speakers were duly sworn in by the court reporter.) CHAIRMAN STRAIN: Are there any disclosures on the part of the Planning Commission? COMMISSIONER VIGLIOTTL• Yes. I had spoke to Mr. Varnadoe's office. He had made sure that I received a copy of the report because I was away on vacation. And they sent me a copy. 1 Janu ry 18, 2007 CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: I just spoke briefly to George this minute. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLAT: I attended a neighborhood information meeting. CHAIRMAN STRAIN: I also spoke with Mr. Vamadoe. In fact, actually it was before the last meeting and again before this meeting. With that, George, it's all yours. MR. VARNADOE: Last but not least, the Hamilton Greens PUD. I'm here on behalf of the Livingston Greens, LLC, the owner of the 29.66 acre parcel for which our PUD is being sought. Also here today to answer questions are Patrick Cunningham from the firm of Houston Cuozzo, our planners; Russ Ervin from Ervin, Lovett and Miller, architects; Craig Smith from Dexter Bender, who did the environmental work; and William McAnly from McAnly Engineering, who did the water management engineering. I am going to give a basic description of the project and then ask Russ Ervin to address some planning considerations very briefly. Hamilton Greens is a nice little infill project. The property is located approximately halfway between BBR and Immokalee Road on the east side of Livingston Road. It is bound on the north by the new regional park and a preserve for Wilshire Lakes. It's bound on the east by that preserve and Wilshire Lakes, on the south by a wetlands preserve as part of the Tiburon project, and on the west, as I said, by Livingston Road and then Tiburon Park of the Pelican Marsh DRI. The property is bisected -- you can't see on this aerial very well, but you will in later plans -- from -- there's a golf parcel on the east, one on the west, and it's bisected by a part of this large wetland flowway system that we have preserved on the site. Our proposal is for 88 multi - family units on this 29.68 parcel with a density of 2.96 units per acre. It's designed to be a compact, walkable residential community. It's recognized in the staff report. Both the use and the densities are consistent with the future land use element of the growth management plan. We are well along in the planning stage. I am going to use the PUD master plan just very briefly. Here you can see the flowway that goes northeast to southwest. It's a big wetlands system. There are three basic land uses on the site; R -1 district, which is residential, and R -2 district, and a special use district, which is our recreational amenity. If you don't mind, Mr. Chairman, I am going to use this concept plan. I think it really illustrates the project a lot better than a bland master plan. The recreational parcel is this location. It's typical recreational amenities you might see around. A large pool with cabanas. The R -1 product that you see, which is most of the project, are three -story units. Excuse me. One unit per floor. We also have what we call a lake house building, which is a four -story building, three living levels over one level of parking. If you look in the PUD -- and I'm going to ask to make this change. Mr. Strain, if you want to start making your notes on what we want to change. The zone height of the R -1 parcel are 40 feet. The actual height, we request 50 feet. The R -2 parcel the zoned height is 70 feet. The actual height we ask for 75 feet. CHAIRMAN STRAIN: Okay. MR. VARNADOE: The units are fronting on preserves or the lake or both. We also -- I'd submit to you this project is very respectful of both the environment and our neighbors. We had two informational meetings -- one in 2005 and one in 2006 -- where we added ten acres to the project. At both of those meetings I think the majority of the people in attendance were from Wilshire 16! 10, January 18, 2007 Lakes. After talking to them, we did not have any objections from them. We have put a lake in between our easternmost units and the property boundary. We have committed to an 8 -foot wall along that border to be landscaped on both sides and to be built prior to vertical construction on this eastern side. So we can put the infrastructure in, but before we go vertical an 8 -foot wall landscaped on both sides. The closest units are over 145 feet from the property line and approximately 230 feet from where -- our units are approximately 230 feet from the nearest unit in Wilshire Lakes. The overall project is discreetly tucked into the upland areas preserving a majority of the wetland areas. The property contains 14.1 acres of uplands and -- excuse me -- 14.4 acres of uplands and 14.4 acres of wetlands and .8 acres of water surface area currently. A majority of the wetlands on -site are being preserved. In fact, 14.1 acres of native wetlands and upland vegetation are being preserved, which is 47 percent of the site. So you compare the 14.1 acres that are being preserved to the LDC requirement which would have us preserving 6.8 acres, we are maintaining most of the important vegetation on -site. The eastern parcel, as we call it, is being accessed by a fill dirt previous driveway that was there to serve an old homestead that was in this area. We are proposing to use that same location as a driveway to the east area. But right now that filled old driveway acts as a berm or a dam for water flow from northeast to southwest. It's not high enough to be a permanent dam, but it does serve to stop the flow. Working in conjunction with the water management district, we have designed a raised roadway, if you would, that is going to have five bridges through that wetland at appropriate locations to allow the flow of water. We are also going to take the existing grade of that fill down to what the historic level was so it will also serve as wildlife crossing for small animals. This is just a transview, if you would. It leads into one of our deviations that I will talk about in a minute. We are trying to keep that road width as narrow as we can in order to have the minimum environmental impact that we can. It is approximately 405 feet of span across that wetland flowway. In addition to that, we are going to put some sort of traffic calming devices at each end -- probably decorative pavers -- to try to keep the speeds on that to a minimum. We have asked for two deviations from the land development code. One is for this -- where is V anna when you need her? One is for this area here where we have asked instead of having a 5 -foot sidewalk on both sides of that road, to have a 5 -foot sidewalk on one side. And that is to keep the profile narrow and to keep the wetland impacts to a minimum, plus it's only serving 12 units back here. I think one sidewalk would be sufficient. The second one is to substitute a 7 -foot sidewalk on one side of this point to this point to the rec facility, instead of a 5 -foot on both sides. We are trying to preserve this upland native vegetation area here and we just got squeezed on room at the entryway there. At this point you can see a crossover and picked up with sidewalks on both sides of the street. Given the minor number of units between here and the rec parcel, which would be the basic use of that sidewalk, we think that is also justified. I said there were two deviations. While I was waiting for our current notice, I noticed that -- although in our Section 3.8, we point out that we can have cul -de -sacs in excess of 1,000 feet, we didn't call that out in the deviation section. And I would respectfully request that we do that. I also have a couple clean-up comments in the land development code as a result or review and talking to Marjorie Student that I would like to make. The first, to kind of keep the continuity, if you would allow me, I would like to have Russ Ervin talk about some planning considerations and I'll come back to those. Page 91 161 1B January 18, 2007 Thank you. MR. ERVIN: Thank you, George. My name is Russ Ervin. I am with the planning and architectural firm of Ervin, Lovett, Miller out of Jacksonville, Florida. And we have been retained by the landowner to provide architectural and planning designs for Hamilton Greens. I will be very brief. I know the day is going on and I will be glad to answer your questions if I'm too brief here. But basically, as George indicated, starting out a lot of our goals were to create a very walkable, residential village. We also wanted to provide tremendous amenities inside of this residential village. We wanted to give privacy to the residents and we wanted to respect our neighbors. And, as well, we wanted to utilize -- we preserved an awful lot of wetlands. Almost a little over 13 acres of wetlands. And we wanted to utilize those wetland assets to our benefit or for the benefit of the residents here. So with that, just a brief overview from a planning perspective on the site plan. George has gone through most of it. Like he said, we have 88 units, as well as a community clubhouse facility. Starting from Livingston Road, we'll have a narrow cul -de -sac turnaround, if you will. In that cul -de -sac we'll have a gate -- a guard gate and this will be a gated community for privacy. We have a central amenity, as George has pointed out, purposely located as the hub of the village. With that location, it is very walkable from all -- all residential homes there. Even the homes furthest to the east would be no more than a three- minute walk and it would be a terrific walk down that wetland causeway that George has already described. We also provided a central lake feature at the entry, another amenity for the residents there. We did create private cul -de -sacs. There is three prongs coming out of that center hub that access all three private cul -de -sacs giving the residents there privacy. We took a lot of time in looking at the vehicles and how we can disguise the vehicles on this project and to create a great walkable community. So with that, the carriage homes we have turned the garages facing each other and created an auto court. With that there will only be one driveway penetration as you go from the carriage home garages out to the road. So the pedestrian on all the sidewalk systems that have been laid out only has to cross that one driveway and then -- rather than having six garages facing the street. So we did provide a lot of sidewalks with interconnectivity to the various amenities on the site. As George described, we did respect our neighbors with large landscape buffers between us and the adjacent Wilshire project to the east. The architecture on the site, starting out at the entranceway off of Livingston Road, our largest building is our lake house building. We do have Vanna now. The lake house building is a four -story building. The lower level is parking underneath. The parking is disguised from the public space or from the public areas with louvered vents. The conceptual plan that you see in front of you, the elevation is looking at the lake house building from the south looking north or from the lake. As you can see, we have parking on the first level and then three living levels above that. Each one of these condominium homes or lake house homes have balconies that are private balconies facing the lake. We also have the clubhouse and the village center. As you can see from these graphic depictions, we are leaning towards a very Caribbean/British West Indies architecture. Both the clubhouse, lake house and all the carnage homes all will be in the same vernacular, if you will. The clubhouse is located central to the project. The amenities that go along with the clubhouse will be a club room, fitness room, restrooms and lockers, massage room, and then we have a fairly significant pool facility with private cabanas going around the pool facility. Last, going back to our carriage homes, those are three -story, private homes. Ground floor would Page 92 161 R► January 18, 20 7 be a residential unit linked to three private garages. The garage entries are from an auto court that is shared by the adjacent building. The front entry is for guests. We would have a front entry door off the sidewalk. We would also have a side entry through a gated courtyard that would be on the opposite side of the garage auto courts. Again, ground floor would be the first living level with garages. The second and third floor would be residential condominium homes. That is the extent of the presentation on planning and architecture. I will be glad to answer any questions. CHAIRMAN STRAIN: Commissioner Adelstein. COMMISSIONER ADELSTEIN: I'm not sure what you said the height was for that tallest building. MR. VARNADOE: Yes, sir. The zoned height, Mr. Adelstein, would be 70 feet with a maximum height of 75. Actual height. I'm sorry. COMMISSIONER ADELSTEIN: That one there? I thought that was at 90. MR. VARNADOE: No, sir. Well, 70 zoned, 75 actual. CHAIRMAN STRAIN: That brings up a good question. Maybe Brad is going to ask it. Go ahead. COMMISSIONER SCHIFFER: The actual height -- well, let's start with zoned. Zoned would be from essentially the FEMA elevation to the midpoint of the roof. MR. VARNADOE: Yes, sir. COMMISSIONER SCHIFFER: Five feet more would -- actual height would be from the center line of the right -of -way to the top of the highest thing, which would probably be that left -hand, middle chimney. MR. VARNADOE: I understand actual height will not exceed 75. When we wrote the ordinance, we hadn't completely designed the buildings. And the PUD ordinance says 70 feet from a zoned height. To provide a little leeway, we would like to leave that alone, but the actual height will not exceed 75. And our actual design that's where we are. COMMISSIONER SCHIFFER: Okay. So your zoned height is way below 70 then? MR. VARNADOE: Yes, sir. Actually, when this building -- I think it was like 62 or three, something in that. COMMISSIONER SCHIFFER: Because when I look at that, I see the midpoint of the roof to the top of that looks like it is probably 15, 18 feet. MR. VARNADOE: You're exactly right. When we went to the neighborhood information meeting, they asked us. We told them. And I would appreciate it if we could leave that alone and give a little more leeway in height. And if we need to reduce the chimney, we can certainly do that and stay within our zoned height. CHAIRMAN STRAIN: That's a question I thought you would ask. COMMISSIONER SCHIFFER: I didn't want you to get in trouble. These are beautiful buildings and I don't want a problem like this. MR. VARNADOE: I appreciate it. We looked hard at that after we looked at the actual height. I have a couple of clean-ups, if I might. Maybe it will alleviate some of the questions. Mr. Kolflat, did you go to the 2005 or the 2006? COMMISSIONER KOLFLAT: 2006. MR. VARNADOE: I was just interested. 2.7 -- 3.7(A)(4) on page 3 -3 of mine, but that's just the number. We had a paragraph that -- Page 93 16 i iB January 18, 2007 although the intent is there, when Marjorie and I were talking, we thought we could make it a lot clearer. And, if I could, I would like to read what we would like proposed here. If you go to the second sentence, it starts this shall not prohibit. And we would like to say this shall not prohibit the attachment of enclosed parking structures to the principal residential structure however -- and insert where parking structures face the street and then pick up a parking apron of at least 23 feet shall separate the enclosed parking space. That gives us the flexibility if the proposed auto court doesn't work we could have a garage facing the street, so long as it's 23 feet back from the sidewalk, which accommodates a car that is not inside the garage. CHAIRMAN STRAIN: I want to make sure staff gets your language. So, Carolina, since I think you're the staff person, did you hear the language that George had just cited in regards to changes on that 3.74? MS. VALERA: Yes. MR. VARNADOE: And I'm sure Mr. Strain was going to bring this up, so 1 thought I might as well. On 3.7(B), which are the development standards, footnote five. We had repeated the zone height definition because, as you can tell, we are very far along with the design of these buildings. And as we seem to want to change our land development code willy - nilly, I wanted to lock in today's height, as far as the definitions of height, whether it be actual or zoned. So what I propose is delete that and put as a footnote building heights will be measured and defined as per the land development code in effect on the date of approval of the PUD. And that allows us to maintain our design and the effect in the event we somehow start redefining what heights mean. I appreciate your indulgence on that. And then I had a final clean-up comment in the environmental section, if I can find it. 1 think it is 5 -3. CHAIRMAN STRAIN: That is Section 5.8 of the environmental? MR. VARNADOE: 5.8. You're correct, Mr. Strain. I apologize. CHAIRMAN STRAIN: George, to be honest with you, consistent with the other PUDs we reviewed today, I think that entire section is unnecessary because it is all redundant language and required language by codes, unless there is something in there that you feel you need to lock in for the future. MR. VARNADOE: No, sir. The only thing that we were -- was there is we had a conflict on accessory structures being allowed ten feet from preserves where our matrix showed a 25 -foot setback. 25 was correct and I was going to ask to strike that last sentence of 5.8(F). If we are going to take it all out, that's fine. CHAIRMAN STRAIN: The only question I would have then is: Which is the LDC requirement? MR. VARNADOE: Twenty -five. CHAIRMAN STRAIN: If you're consistent with the code, then we'll strike all that 5.8 section. We'll just fall back on the codes then. Is that -- MR. VARNADOE: I will be happy to respond to any questions anybody might have. CHAIRMAN STRAIN: Mr. Kolflat. COMMISSIONER KOLFLAT: Mr. Varnadoe, as I understand it, there were two NIM meetings; one on April 7th, 2005 and one on April 6th, 2006. Regarding the east boundary with Wilshire Lakes, you committed to an 8 -foot high masonry wall landscaped on both sides with varied height vegetation -- that is low, high, mid and tall trees -- that hide the masonry wall. You stated that the landscaping would be similar to that on the Golden Gate Parkway side of The Estuary north wall. Do you recall this? , 161 18 January 18, 2007 MR. VARNADOE: Yes, sir. COMMISSIONER KOLFLAT: Well, in order to ascertain to my mind a little what that landscaping consisted of, I visited and inspected the site with one of the representatives of the owners there of The Estuary. And the type of vegetation they are taking about, as far as the low and the mid, include Podocarpus, Arabellen (phonetic), Xanadu, Pittosporum, Downy Jasmine and Bougainvillea. It included trees that were Black Olive, Live Oak, Foxtail Palm, Royal Palms on 15 -foot centers and 14 feet high at planting. The trees and bushes were grouped in sections by species and repeated through the wall for variety. I would like to show you a few illustrations. If you could get those photographs I brought, please, Ray. I think it is an excellent landscaping arrangement they have there. Here it shows you one section of it, which has the Royal Palms with the Bougainvillea at the lower level. What is the next one, Ray? This is some Black Olives. And you can see how it completely hides the masonry wall. You cannot see it. There is also some other low- growing vegetation there. Next one. Here is an illustration with Live Oaks and Arboricola there underneath it. You see how it completely hides the wall. And the next one. Slide it up so he can see. Podacorpus. You can see the Royal Palm trees there in the background. The point is is that the quality of the vegetation there is excellent and I think it would make an excellent barrier. And I expect that this would probably be a part of the commitment that you would make with this PUD. MR. VARNADOE: Mr. Kolflat, I think if you look at what I said was -- and I have used it as an example. I would hate to tie down the vegetation. I don't mind if we end up with the same kind of treatment because that is the same kind of masonry wall we are talking about. I was using that as an example. The difference is along Grey Oaks Estuary, which is what that is, that goes on for close to a half a mile and here we have 405 feet. We will put in ground cover. We will put in mid -story and we will put in the trees on those centers. That is fine. But I would not -- I would hate to be dictated to as to what the type of vegetation we would utilize there would be. COMMISSIONER KOLFLAT: At both your NIMs you indicated that it would be similar to that that was on the Estuary wall. MR. VARNADOE: That's exactly the word I used, yes, sir. Similar. COMMISSIONER KOLFLAT: And I would assume that when you say similar, similar plantings, too. We don't have to identify the particular plantings in the stipulation, but I would like in the stipulation that you will agree that it will be similar to what is on The Estuary wall. MR. VARNADOE: That's fine. I don't have a problem with that at all. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Okay. Mr. Adelstein. COMMISSIONER ADELSTEIN: Yeah. When I first started here about six years ago, we wanted to make sure the height of buildings stayed at a reasonable level to be done. I don't know what is going to be behind that. I do know it's going to block out a lot of people and a lot of things. Basically I have sat back and said, in my own mind, if we can't build it up to 60 feet, I don't think I'm going to vote it. It is the kind of situation where we could make it 90 or anything you want, but we have tried to get it down to a point where everybody in the area could have the enjoyment. Page 95 16 1B� January 18, 2007 And with somebody out here with 75 feet and there is things behind them or things in front of them, I think that is absolutely absurd. I'm going to -- it is up to you. I'm not going to ask you what you are going to do. But I am telling you point blank I can't agree to vote on par with this thing going up 75 feet. MR. VARNADOE: Yes, sir. I hear you. And I would, I guess, disrespectfully disagree with you, Mr. Adelstein. I think you cannot respect the environment and get a rational number of units. We're at less than three units an acre on this project. I can certainly design it to go into the wetlands and get permits for that, but I think that is the wrong approach also, sir. If you will see, there is just one building on a six -lane highway and it is set back 120 feet from the road because that is the right -of -way. There is nothing behind us, other than us, and a park to the north and a wetland preserve to the south. I don't know who we are going to impact besides ourselves, sir. And you see the architecture of the building. In my opinion, it's exemplary. And I would ask for your consideration on that in this special circumstance. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Lindy, I think one thing that you can notice that tall building is only as you come into the project. All the other buildings, especially the ones back by the residential, are only 40 feet in height. My actual comment on this thing is because it is in the urban residential subdistrict I actually -- and because it is a beautiful project, I kind of wish it had a greater density and more people could live in it. It's on a major road. It's perfect for a higher density than even this. MR. VARNADOE: And I will say, Mr. Adelstein, that you don't see me in here specifying height in normal cases. I think in this event this makes the best use of the property without getting into environmental -- we have preserved native upland vegetation on this site because it is very nice. I think in this instance you can take that into account of where that building is located. COMMISSIONER ADELSTEIN: I really appreciate what you're saying. And I understand what you're trying to do. And if everything was wide open for everybody, I would say fine if you want to go to 75 feet. But this is not Naples. And what we have tried to do, in fact, when we started is we had that type of heights in too many buildings. Right now we don't have that kind of height anymore because it does interfere with other owners. This is a good thing for you and for the people that are going to live there. And that's fine. But we also have to look at the people who are going to look at it from the other way out. As far as I'm concerned, I have tried very hard to make sure if there was a need for something else for some specific area. But just to make that 75 feet height I think it is just a little bit too much. MR. VARNADOE: Yes, sir. I think if you would look at --I don't have a specific height. I don't think this 70 -foot building would bother anybody in this instance. If you look at the heights in Pelican Marsh, I think you will find the Ritz - Carlton far exceeds 75 feet though, sir. COMMISSIONER ADELSTEIN: How long ago were they built? MR. VARNADOE: Ritz - Carlton? Eight or ten years. I mean, it is right across the street from us. COMMISSIONER ADELSTEIN: That's what I'm saying. When I got on this Board, that's what they were doing. When I got on the Board for awhile that stopped being doing. CHAIRMAN STRAIN: I think probably more of an issue it stopped was because they ran out of money to build mid -rises and high -rises. That is part of the reason. Mr. Murray, did you have a -- 161 1$i January 18, 2007 COMMISSIONER MURRAY: I would ask this question. The property adjacent, there are a number of buildings from the picture and they appear to be high. Would you happen to know how high those structures are? MR. VARNADOE: Mr. Murray, I do not. I think that the -- as I recall, and this is just recollection and not testimony, sir. I don't want to -- but I think these are three -story in this instance. So they are probably in the same height that we are in that 40 to 50 -foot category. COMMISSIONER MURRAY: Okay. That was my only question. I respect Mr. Adelstein's views on that, but it is such a nice project and I do see it being very close. It is a good line youre holding, but that is a terrific project from the look of it. I wish I could afford to live there. CHAIRMAN STRAIN: I have a series of questions. Ray, is there going to be any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. George, I am going to ask Carolina one question before I ask you any. It might save some time. Carolina, were you here when we were talking about the very first PUD we went through as an example of redundant language? MS. VALERA: Yes, I was here. Yes. CHAIRMAN STRAIN: Do you feel from that discussion you could go through this document and pull out all that similar, redundant language that is in this? MS. VALERA: I will get with Melissa to compare notes. CHAIRMAN STRAIN: That would save about a half hour of discussion. I just wanted to make sure that you were aware of it enough so you could handle that. MS. VALERA: Yes. CHAIRMAN STRAIN: Thank you very much. George, that just pulled off a lot of questions. So let me see if I have any substantive ones that -- oh, 2.9(A). You're asking for landscape berms with maximum slopes. Is that any different than what is in the land development code? MR. VARNADOE: No, sir. CHAIRMAN STRAIN: So we can strike that language I would assume? MR. VARNADOE: Let me look at it. I think that's exactly what is in the code. CHAIRMAN STRAIN: The measurement of -- MR. VARNADOE: The only thing I would suggest, Mr. Strain, is "B ". I don't know that that is. I would like to keep that in there. That really allows us to do what we want to do with our neighbor back there. CHAIRMAN STRAIN: I was only looking at "A ". Ms. Caron, did you have any? COMMISSIONER CARON: Well, I was just wondering. I'm not sure. I think that "D" is a deviation. I don't know if you need to separate that out. It is not one that bothers me. It is just -- I believe it is six feet for wall and not eight. CHAIRMAN STRAIN: Carolina. COMMISSIONER CARON: I could be wrong. It was a question and not a statement. MS. VALERA: The old code used to say six to eight and now it says six. COMMISSIONER CARON: Right. So it is a deviation. MS. VALERA: Now it is. Page 97 16' 1B January 18, 2007 CHAIRMAN STRAIN: So there is a deviation. MR. VARNADOE: Yes, sir. I would request that we put that in as a deviation so we can meet our commitment to our neighbors on the east. CHAIRMAN STRAIN: Good catch, Ms. Caron. COMMISSIONER CARON: 2.9. CHAIRMAN STRAIN: George, on page 2 -5, very top of the page, it starts "A ", general permitted uses. And it says, one, essential services as set forth under the LDC. Do you have any problems adding language indicating the LDC in effect at the time this document is approved? MR. VARNADOE: Not at all. CHAIRMAN STRAIN: There was no attempt to change the essential services? MR. VARNADOE: Yes. CHAIRMAN STRAIN: Okay. I don't think a fire station would look really good in the project. MR. VARNADOE: I wouldn't want to try one. It probably would be higher and Mr. Adelstein wouldn't like it anyway. CHAIRMAN STRAIN: On 2.16, your fill storage. Is there anything in there that you believe is different than the land development code? MR. VARNADOE: No, sir, I don't. CHAIRMAN STRAIN: I'll just assume that Carolina will strike that. I just want to make sure there is not something you need or that there is something that you need and it is a deviation. We need to list it so it gets put in its right place. MR. VARNADOE: 2.16. CHAIRMAN STRAIN: Under your permitted uses, the principal uses, you list the following: Multi - family dwellings, townhouses, garden apartments, caretaker units. And then you have a sentence. I was just puzzled by what it means. It says a group of dwelling units within a single conventional building attached side by side or one above the other or both. What does that mean? It is kind of like just hanging there. I don't know if it was trying to define something as a predecessor to it. MR. VARNADOE: It was defining something that we took out so that sentence can be removed. In our clean-up we got halfway there in that paragraph I'm afraid. CHAIRMAN STRAIN: Carolina, did you catch that? MR. VARNADOE: 3.4(A)(1), Carolina, the second sentence. MS. VALERA: Thank you. CHAIRMAN STRAIN: In your development standards -- I think, Marjorie, you indicated that you had some concerns with this. You have your development standards listed in a format and then you have your table and sometimes -- MS. STUDENT - STIRLING: It's the same thing. MR. VARNADOE: 3.5(B)(C)(D), 3.6(A) are redundant with the development standards table two. CHAIRMAN STRAIN: And 3.6 -- all of 3.6(A). Okay. So those -- you don't have any problem with striking those and relying on the table? MR. VARNADOE: Not at all. CHAIRMAN STRAIN: Ms. Student. MS. STUDENT - STIRLING: Yes. One question about the table. Since we took the environmental out because it is already in the code, do we want to take the County preserve standard out of the table? Because that was reiterating what was stated in the 161 19, January 18, 2007 environmental section that you took out. CHAIRMAN STRAIN: I don't see the need for it. George, do you have a problem with that? MR. VARNADOE: Huh -uh. CHAIRMAN STRAIN: Okay. MR. VARNADOE: No, sir. For the record. I'm sorry. CHAIRMAN STRAIN: On -- the last thing I have is your master plan. You show these tunnels and passageways and you list them, I think, as wildlife --wildlife crossings. I just want to make sure that that doesn't cause you a problem. Because I know you indicated they were for water flow for that flowway, as well; is that correct? MR. VARNADOE: And I think we probably ought to either take that out or change it to say small wildlife crossing. They're not going to be high enough for a deer or something of that magnitude. We don't have that in this area, so it's basically for small animals. CHAIRMAN STRAIN: The other part of it was -- you want to put wildlife -- small wildlife /water flow. Because there is an issue that you might have to have it to a certain height so it doesn't stay under water and, therefore, cause problems for wildlife. So I think you want to use it for both. I don't know how that gets changed on your master plan. Carolina, if you want to make such a note, I am sure staff will come up with something. Those are the only questions I had. Overall, I thought it was a very good project. Go ahead. COMMISSIONER CARON: Yeah. I just had a couple of things that I want to make sure that I had gotten them all. Page 2.5 -- 2.5 under development standards. (B). MR. VARNADOE: I'm sorry? 2.5(B). COMMISSIONER CARON: I am on 2 -5. General permitted uses 2.11, but it is on page 2 -5 under (B), development standards, number one. It says setback from back of curve or edge of pavement of any road 15 feet, except for guardhouses, gatehouses and caretaker units. Is that because if you had a caretaker unit it would be above? I mean, you're not going to stick a caretaker unit -- MR. VARNADOE: I think the caretaker unit -- COMMISSIONER CARON: -- like a guardhouse on top of -- MR. VARNADOE: It is above the guardhouse. COMMISSIONER CARON: It is above. On page 2 -6. 2.15, use of right -of -way. It says here administrative approval by the Collier County engineering director. Is that who should be there or is this County Manager and designee? CHAIRMAN STRAIN: I think that's one of those redundant languages that is defined in the LDC that is really not necessary in this document. So that was just like the previous PUD we went through. COMMISSIONER CARON: Just to confirm finally on the height issue. The buildings that are going to be 75 feet in height that are a total of four stories, that is not four stories, plus a level of parking, right? MR. VARNADOE: That's correct. Three living levels, plus one -story parking. COMMISSIONER CARON: But not to exceed 75 feet? MR. VARNADOE: Exactly. 75 actual feet. CHAIRMAN STRAIN: Which is even better. COMMISSIONER CARON: Exactly. I always talk about actual. Z_. •• ataxy 18', 2007 MR. VARNADOE: All right. COMMISSIONER CARON: 3.6, special use. What is a special use that would need 45 feet in height? MR. VARNADOE: That would be our clubhouse. COMMISSIONER CARON: And 12 cabanas that you're going to have, those are strictly recreational cabanas; they are not living space, correct? MR. VARNADOE: That's correct. CHAIRMAN STRAIN: That would make great homeless units, wouldn't they? COMMISSIONER CARON: On page 4 -1. CHAIRMAN STRAIN: I have been here too long. MR. VARNADOE: Yes, ma'am. COMMISSIONER CARON: Uses that are permitted in the preserve and conservation areas under 4.3 1, one of them says water management structures. Where are we on water management structures and preserves? I believe that this is -- MR. VARNADOE: I don't know who is -- CHAIRMAN STRAIN: We're looking for someone to answer that. MR. VARNADOE: I can tell you that it went to the Board. And I was watching it on television and basically they declined to make any changes at this time to what's in the code today. So it is allowed as long as it doesn't have a negative effect on the ecology of the wetland spaces. In other words, no change was made. COMMISSIONER CARON: And we already talked about the sidewalk deviation, right? That is listed as a deviation. That's all I have. CHAIRMAN STRAIN: Okay. Mr. Vigliotti. COMMISSIONER VIGLIOTTI: Mr. Vamadoe, the conceptual s, are they actually what you're going to build? MR. VARNADOE: I'm sorry? COMMISSIONER VIGLIOTTI: The conceptual drawings, are they actually what you're going to end up building? MR. VARNADOE: That is the design as it exists today, Mr. Vigliotti. I'm not telling you it won't change slightly, but that is the design we are with today. Is it going to be exactly that? I can't comment to that. COMMISSIONER VIGLIOTTI: Minor changes? MR. VARNADOE: Minor changes. COMMISSIONER VIGLIOTTI: Okay. Thank you. CHAIRMAN STRAIN: Are there any other questions? Mr. Kolflat. COMMISSIONER KOLFLAT: Yes. I would like to come back to the stipulation on landscaping that we talked about. I'm concerned about this because this was a public statement to the public about a commitment. And I feel that we should follow through on it. What I would like to do is -- I'd prefer a stipulation -- MR. VARNADOE: Mr. Kolflat, I'll tell you what I would like to do. I would like to put my words in this PUD as a commitment. How is that? COMMISSIONER KOLFLAT: Well, I have with me the transcript of both of those meetings. Page 100 16 1 1 a January 18, 2007 MR. VARNADOE: So do I. COMMISSIONER KOLFLAT: If you would let me read this. I think I have encapsulated what you have on it. Regarding the eastbound Wilshire Lakes, there will be an 8 -foot high masonry wall and landscaped on both sides with varied height vegetation that is low, mid and also tall trees that hide the masonry wall. This landscaping shall be similar to that on the Golden Gate Parkway side of The Estuary north wall. There is no mention of what that constitutes. MR. VARNADOE: I'm sorry? COMMISSIONER KOLFLAT: Essentially no mention of what that comprises, as far as landscaping. You did not want that written. I agree with that. MR. VARNADOE: That's fine. COMMISSIONER KOLFLAT: So if I make the stipulation you would accept that? MR. VARNADOE: Absolutely. We made that commitment, sir, at the neighborhood information meeting. We are going to live with it. COMMISSIONER KOLFLAT: Well, I want to be sure that you do. MR. VARNADOE: That's fine. COMMISSIONER KOLFLAT: Okay. So make it part of the PUD. MS. STUDENT - STIRLING: One caveat on that. You might want to put a date and time as it existed on a certain date because landscaping could change over time. COMMISSIONER KOLFLAT: What date and time would you like? As of today. MS. STUDENT - STIRLING: It is just an observation. CHAIRMAN STRAIN: Well, wouldn't it be as installed? I mean, you can't come in with 50 -foot high trees. MR. VARNADOE: I think that is the point where we -- when you start talking about that, that one -- they happen to be clients of mine, so I know exactly what is there when that was put in and it did not totally hide the wall. Of course, the reason -- the purpose is to make that wall opaque or go away, if you would. And it is getting along towards that as that landscaping has been there some three plus years. COMMISSIONER KOLFLAT: I agree with that. As installed. MR. VARNADOE: That's fine. CHAIRMAN STRAIN: Okay. Are there any other questions of the applicant? Thank you, George. Staff report. It might almost be a moot point at this point. MS. VALERA: Carolina Valera, principal planner with the development of zoning and land development review. And she has my name spelled out. Staff has reviewed this petition and has noted in the staff report and found it consistent with the growth management plan, as far as transportation and environmental. We have also reviewed it for compatibility with the adjacent properties and found it consistent. We -- as noted in the staff report, we did get into the discussion of the deviation for the sidewalk. And staff is in -- approved this deviation. We did not -- we did not do an analysis of the deviation of the cul -de -sac as proposed today by the applicant. I just wanted to note that to you. That's why you don't have it in your staff report. I would also like to note that in the rezone findings I did -- in the findings -- I'm song -- for the PUD on the very first page and the last criteria, number four, I did mention the proposed density is four units. It should read 2.96 as it has been revised in the PUD. And also on page five of the staff report on the very first sentence, I also mention based upon analysis that staff concludes that the proposed density of 2.6 units per acre. That was the density that we Page 101 January 18,1071 had before, but the revised PUD mentions 2.96. I think the petitioner did mention this. That they are proposing 2.96. The base density is four per acre, but they are allowed up to seven units. So they are well below than what would be required. No transferring of commercial or anything else. With that, I will be glad to answer any questions that you may have. CHAIRMAN STRAIN: Okay. Thank you, Carolina. Is there any questions of staff? Comments? Thank you, Carolina. MS. VALERA: You're welcome. CHAIRMAN STRAIN: Ray, do we have any public speakers? I think you said no, but I will ask you again for the record. MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Carolina. MS. VALERA: I'm very song. I did receive an e -mail the day before the last CCPC hearing from the president of the Wilshire Lakes Association, not in opposition of the project, but just to inform me that she had filed a complaint with our code enforcement department in regards to a clearing that had -- that seems to have encroached into their preserve. I believe the attorney for the agent has been notified of this. And I just wanted to let you know that I had received that e -mail from Wilshire Lakes. CHAIRMAN STRAIN: Thank you. MR. VARNADOE: Can I comment on that, please? CHAIRMAN STRAIN: Go ahead, sir. MR. VARNADOE: We got the typical pre - removal permit to do the soil borings out there. And the area in question is -- and you can probably see it better on this. It's that existing fill driveway that exists across the wetland area. In order to get equipment back into that eastern parcel, we removed some Australian Pines from that filled area. Some of those pines did fall into their preserve. I talked to Mrs. McClanahan, as did the project sponsor. We have had a crew out there that -- to take those trees out of their preserve. If there is any damage, that will be our responsibility. But I didn't want you to think that we were out there just clearing wily -hilly before we had the ability to do it. Thank you for your indulgence. CHAIRMAN STRAIN: Thank you, sir. Mr. Vigliotti, discussion? We have to get the motion first. Let's close the public hearing. The public hearing is closed. Now we will entertain a motion. COMMISSIONER VIGLIOTTI: I would like to make a motion for approval. Mr. Adelstein -- CHAIRMAN STRAIN: We have to get a second before we go to discussion. You made a motion for approval? COMMISSIONER VIGLIOTTI: Yes, I make a motion for approval. CHAIRMAN STRAIN: Is there a second? COMMISSIONER KOLFLAT: Second. CHAIRMAN STRAIN: Second by Commissioner Kolflat. Go ahead, Mr. Vigliotti. COMMISSIONER VIGLIOTTI: I think this is a fantastic project. It is low density. To the north we have the regional park. Wilshire Lakes is in favor of it. Page 102 Wiry 1 S, A017 As far as the height restriction, it is far back from Livingston Road. You can't see it from Wilshire. Normally I am against heights. I think in this position and this condition with this type of -- the buildings as nice as they are, I have to vote for it, even including the height. CHAIRMAN STRAIN: Okay. Any other discussion? I have a series of stipulations I will read. COMMISSIONER KOLFLAT: I would like to add one stipulation, too. CHAIRMAN STRAIN: The applicant has agreed to actual height restrictions of 50 feet for the R -1 area and 75 feet for the R -2; and that there will be an 8 -foot wall with landscaping on both sides; on the east side by the lake facing the estuary will be put up before the vertical; and the landscaping that will be installed along that wall will be similar to the landscaping along The Estuary wall that was initially installed on the Golden Gate Parkway side. MR. VARNADOE: Mr. Strain, all you have to do is put in that last stipulation the 8 -foot wall and the landscaping is already in the PUD so we don't get redundant with your stipulation. But we do need to put Mr. Kolflat's conditions for the type of landscaping and when it will occur. CHAIRMAN STRAIN: Okay. Well, an 8 -foot wall then with the landscaping as read by Mr. Kolflat into the record concerning the similarity between that landscaping and The Estuary wall on Golden Gate Parkway. There is a deviation for cul -de -sac lengths. There is another deviation for wall heights on 2.9(B) and that the staff will also go through and clean up the PUD and remove the redundant language as we have instructed in the other two PUDs here today. Ms. Caron and Mr. Kolflat. COMMISSIONER CARON: Did you say the sidewalk? CHAIRMAN STRAIN: The sidewalk deviation, which is number one, is also part of the stipulation. Mr. Kolflat and Mr. Midney. You had another deviation you wanted to -- COMMISSIONER KOLFLAT: No. You covered it. I didn't know you were going to cover that last one. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: I almost forgot the affordable housing contribution. MR. VARNADOE: I did, too, Mr. Midney. I apologize. I meant to cover that in the presentation. We would agree to the $1,000 per unit donation paid at closing and a credit against any horrible linkage fees that may be enacted in the future. CHAIRMAN STRAIN: I was going to say the 1,000 bucks is real cheap compared to what has come out in that linkage fee. MR. VARNADOE: How about the entire mitigation -- CHAIRMAN STRAIN: Okay. The last stipulation would be the $1,000 accepted contribution. Would the motion maker accept all those stipulations? COMMISSIONER VIGLIOTTI: Yes, I will. CHAIRMAN STRAIN: Will the second accept all the stipulations? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: A motion has been made. The stipulation has been accepted. Call for the question. All those in favor, signify by saying aye. Page 103 l6 R January 18, LA COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Does anybody oppose? COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Motion carries eight to one. Item #9 CHAIRMAN STRAIN: Okay. Mr. Schiffer, the next item on the agenda was an issue that we have had on and off the agenda for quite some time. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: It is involving a language issue you brought up before. And I assume that you're prepared to discuss it at this time. COMMISSIONER SCHIFFER: Well, what it is is that during the last cycle of the -- CHAIRMAN STRAIN: You want to wait a minute until everybody calms down. I guess that works best. Okay. COMMISSIONER SCHIFFER: During the last cycle of the LDC, the concern I had was -- we have kind of a process that starts out where it goes through staff. Staff has an in -house review with V SAC and it comes out. EAC looks at. We look at it. And then the Board of County Commissioners look at it. My concern was a definition showed up between the first and second meeting of the Board of County Commissioners. I'm not really so much concerned as to how that happened, but I wouldn't mind a conversation with staff whether that is right or wrong or how we prevent that or how do we track, you know, these words as they go through these different processes. CHAIRMAN STRAIN: And I -- if Catherine wants to address it, I think though that -- from what I understood, it has been acknowledged it was something that should not have happened and it wasn't going to happen again. And they corrected it in the last reading of the LDC, if I'm not mistaken. Maybe Catherine can -- MS. FABACHER: We pulled the amendment in question. So we'll be happy to discuss it at length and work on it in the next LDC cycle. CHAIRMAN STRAIN: The way that that occurred and everything, I am assuming that there has been measures put in place so we are not going to be doing that again. MS. FABACHER: Yes, sir. COMMISSIONER SCHIFFER: That was my only concern that people acknowledge that we do have to respect that process all the way through. CHAIRMAN STRAIN: I think once you pointed it out, it went like a ripple across the water and Page 104 161 18� January 18, 2007 everybody realized real quick. And that's why it got pulled completely to -- I doubt anybody will forget that that had occurred. I think we are safe on that, Brad. MS. FABACHER: Thank you, Commissioners. For the record, Catherine Fabacher, principal planning with zoning and land development review. I'm sorry. Item 410A NEW BUSINESS CHAIRMAN STRAIN: Business. The presentation from Mr. Summers is going to occur on February 1 st, as we stated earlier. There is a request for a change in schedule date. Mike, you're going to handle that. Item #1 OB REQUEST OF CCPC TO APPROVE 05 GMP AMENDMENT CYCLE MR. BOSI: Mike Bosi, comprehensive planning department. Comprehensive planning department is right now in the process of handling the'05 GMP amendments. The reason why we are in the'05 GMP amendments is it has been an 18 -month pause because of the eared amendments and the modifications that are going on to the entire growth management plan. The '05 cycles have been put on hold. '06 will be following behind that. But with this'05 cycle we have also incorporated a new process to the GMP amendments. And that is following the same manner that a PUD application or a PUD -- or a straight rezone is required and that is to hold a neighborhood information meeting. So every growth management plan amendment is first going to be flushed out amongst the surrounding property owners. What we have experienced and the turnout that we have found out and the interest that these are generating throughout the community, we are finding that the schedule of hearings that we had before the Planning Commission was not adequate to cover the 15 petitions that we have within the'05 cycle. So what -- David asked me to come down here was to ask for confirmation of potential dates. What we have now is -- the plan is March 5th. We have this boardroom. And that would be the first cycle for -- or the first hearing for the '05 GMP amendments. Now, we are going to concentrate that day on hearing the amendments that affect the Golden Gate area master plan, which we have about five. We are hoping we can get through all five on that one day, but there has been a tremendous turnout to each one of these neighborhood information meetings. We had originally -- the original plan for the'05 cycle was to present to the Board of County Commissioners April 2nd and 3rd in these chambers. Well, we have decided -- and routed it through the County Manager's office and up the chain of command that we are going to have to put the -- put the BCC hearings off until June 4th and 5th. Therefore, the April 2nd and April 3rd dates will -- this room would be available and we would like to have those as spillover days for the'05 cycle. The problem is David is concerned that maybe three days may not be enough to get through all 15. Page 105 161 1 B� January 18, 2007 These dates -- COMMISSIONER ADELSTEIN: I thought we had a list of them here this morning. CHAIRMAN STRAIN: Why don't we let him finish and get it squared away at once. MR. BOSI: What we had to -- as a safeguard, we were trying to plan for four dates. We had the 5th for this room. If the 2nd or 3rd -- which this room would be available for us. If that was available -- if that was agreeable with the Planning Commission members, we would have to just select one day in between that March 5th date and the April 2nd date where we would have a fourth hearing. But that would be in community development and environmental services 609 and 610 because this boardroom is spoken for. So David wanted to run these dates by you so we can give some certainty to the petitioners, but also to the people who could show up at the neighborhood information meetings as to when the potential dates would be. It sounds like some of these dates have already raised a couple of questions. CHAIRMAN STRAIN: Mike, if we have got the 5th of March on board and the date that we would have to have after the 5th of March, but prior to the 2nd of April would more than likely be over at the CDS conference room, that conference room has an abundance of dates opened up to us; is that right? MR. BOSI: Correct. CHAIRMAN STRAIN: Why don't we wait until March 5th, understand how much problems we have with the Golden Gate master plan hearings that you have because you are anticipating a full day at that. If we find we have a problem with getting it done that day, then we can pick a day the last week in March in the CDS room because that's where we are going to end up anyway. Does that sound logical? MR. BOSI: Is that with also the understanding that April 2nd and April 3rd would be -- CHAIRMAN STRAIN: Scheduled. MR. BOSI: So that fourth potential date would be determined based upon the proceedings of that March 5th hearing? CHAIRMAN STRAIN: That's one suggestion. Mr. Murray. COMMISSIONER MURRAY: Mark, do these not start at 5:05 p.m. the very first meeting? MR. BOSI: No. These scheduled hearings are at the 8:30 time. GMP. MS. STUDENT - STIRLING: It's comp plan, not LDC. CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: From what I understood, we got a list of March 5, March 15, March 22 and March 29. We pick one. Is there any reason that we picked only one? CHAIRMAN STRAIN: No, no. He is telling us that we need to pick new dates because there has been some changes. One date that is going to stick that we are going to start is March 5th. They have two other dates that they would like us to consider, which is April 2nd and 3rd. But they believe because of the length of the amendments that we are going to need one more date in between March 5th and April 2nd. So all we have to do is either pick the date now or we can wait on March 5th and see if the meeting does last as long or longer than they anticipate so we know if we need that fourth date or not. If we do, then pick it at the date because the room that we are going to have the meeting in is generally always available. So it is not going to be a problem to pick it later. This is the room that's a problem in -- COMMISSIONER MURRAY: But it would be good, on the other hand, to fix in our own calendars, even if we don't have to use it. So that is something we can plan on so we can avoid fumbling. CHAIRMAN STRAIN: Yeah. If that's what you want to do. I'm just trying to throw some ideas Page 106 161 1B, January 18, 2007 out to get past this agenda item. So we have the 22nd, which is a Thursday. That is after our 15th meeting in March. We can meet on that date. We have the 29th, which is a Thursday. It is not a regular meeting date. We can meet on that date. Mike, why don't we book both of those and then on the 5th we can decide if we want both or just one of them. The reason I am suggesting that is on your April 2nd and 3rd you're putting us in where the BCC meetings are going to be and those are two dates very close to our Thursday meeting of that week. It is going to be kind of hard for us to be ready for a Thursday meeting on hearings and then hit those two days for amendments to the GMP. If we could get it done on the 22nd and 29th, we would probably be better off that way. Ms. Caron. COMMISSIONER CARON: I believe we have a CPC meeting on the 15th of March, so that would be off the table for us anyway. CHAIRMAN STRAIN: Right. That's why the two Thursdays after that seem to work out pretty well. COMMISSIONER CARON: 22 or 23. CHAIRMAN STRAIN: Everybody like that idea? COMMISSIONER ADELSTEIN: That makes sense. CHAIRMAN STRAIN: And let's try to avoid getting in there on the 2nd and 3rd, but keep the two days reserved. MR. BOSL• We will attempt to make our staff reports as efficient and as informative so the process can be sped along. CHAIRMAN STRAIN: You always do, Mike. COMMISSIONER SCHIFFER: Mike, repeat what will be all the dates for that? CHAIRMAN STRAIN: The 5th of March will be the first day. The 22nd and 29th of March would be continued days. And if we get into a crunch and can't get it done in three days, we have April 2nd and 3rd. COMMISSIONER SCHIFFER: Okay. COMMISSIONER ADELSTEIN: What is the day of the week of the 2nd? CHAIRMAN STRAIN: April 2nd is a Monday. April 3rd is a Tuesday. Everybody satisfied? COMMISSIONER SCHIFFER: And the 5th is a Monday? CHAIRMAN STRAIN: Right. Item #11 PUBLIC COMMENT Okay. Public comment? Don't have to worry about that. Discussion of addenda? Nothing of that. Motion to adjourn? COMMISSIONER VIGLIOTTI: So move. CHAIRMAN STRAIN: Okay. Meeting is adjourned. Thank you all. Page 107 16 1 H� January 18, 2007 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:19 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' NOTTINGHAM AND KELLEY NADOTTI. Page 108 16! 1B February 1, 2007 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida February 1, 2007 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 (Absent) Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti ALSO PRESENT: Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, Community Dev. & Environmental Services Page 1 16; 191 February 1, 2007 CHAIRMAN STRAIN: Would everybody rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Good morning, and welcome to the February 1st meeting of the Collier County Planning Commission. First thing on today's agenda is roll call by the clerk. Ms. Caron? Item #2 ROLL CALL BY CLERK COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? 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? COMMISSIONER VIGLIOTTL• Present. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Okay, thank you. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. There was a note under old business that the presentation by Dan Summers would be first. The applicant had called and asked, due to conflicts that they have, if they could actually hear their petition first, and Mr. Summers had no problem with that. So we will switch the agenda back to where the advertised public hearing will be the first thing heard this morning. Item #4 PLANNING COMMISSION ABSENCES Planning Commission absences for our next meeting this afternoon at 5:00. Mr. Tuff won't be here. Anybody else? COMMISSIONER KOLFLAT: I will not be here. CHAIRMAN STRAIN: Mr. Kolflat will not be here. So that we still have a quorum. Because I Page 2 16! M February 1, 2007 know Mr. Midney indicated he would be here. And our next meeting after that will be February 15th. Is everybody -- anybody know if they're not going to be here on the 15th? Okay. So Ray, and from the schedule that we now have gotten, there are no other meetings between now and -- between tonight and the 15th; is that right? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Great. Thank you. Item #5 APPROVAL OF MINUTES — DECEMBER 15, 2006, EAR SPECIAL MEETING Approval of minutes for the December 15th EAR Special Meeting. They're a whole page and a half. That was an easy one for the court reporter. COMMISSIONER SCHIFFER: I'll take it. CHAIRMAN STRAIN: Are there any corrections, though, Brad? COMMISSIONER SCHIFFER: It looked good to me. CHAIRMAN STRAIN: Okay. Motion to accept those minutes. Is there a second? COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Mr. Adelstein seconded. All in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Thank you. Item #6 BCC REPORT - RECAPS Chairman's report -- or BCC report. Not available. Ray, there's nothing new to report? MR. BELLOWS: We have some recaps, if you'd like. CHAIRMAN STRAIN: Okay. MR. BELLOWS: On January 23rd, the Board of County Commissioners heard the sign variance for the Swamp Buggy. That was approved on the summary agenda. You also heard the PUD amendment for Club Estates that converted to the Homes of Islandia, and have the companion item L.A.S.LP. CFPUD. That was approved 5 -0. The Pioneer Lakes PUD and development order amendment was continued. I believe the reasons Page 3 Fkry' I � I P I were traffic issues related concerns, and the petitioner wanted time to address those. The Pineview PUD amendment for Auto Sales, that was approved 5 -0. The I -75 Alligator Alley PUD amendment was continued to February 13th. And the PUD extension for Terafina was approved, but it was approved with the concept that the project wasn't -- the timing of the five -year or the three -year time frame for approved PUDs to expire, it wasn't started, and it was told, in other words, because of government preventing them to proceed. And that vote was approved 3 -2. CHAIRMAN STRAIN: Okay. Thank you, Ray. Item #7 CHAIRMAN'S REPORT Chairman's report. Well, with all that we have happening today, I don't have any. Item #8A PETITION: BD- 2006 -AR -10674 Which brings us to our first advertised public hearing. Would all those wishing to speak on behalf of this matter, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: This is for Petition BD- 2006 -AR- 10674. Raymond Young, represented by Turrell & Associates for a dock extension at 147 Winward Cay. Anybody -- any disclosures on the part of Planning Commission? (No response.) CHAIRMAN STRAIN: I had a discussion with the applicant, but it really was about the timing of this dock extension, not the issues really at hand. Other than that, we'll move forward. Before we do, though, Rocky, there's a gentleman, Steve is here from the county staff, and he has done a response to the Planning Commission in regards to how the riparian rights are established by line. Brad, I think this was an issue that you had brought up at a prior meeting? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: I wanted to see what the preferences were for this board. The riparian rights data that Steve has acquired and the sketches and the texts were passed out and left on your places this morning, this document here. We can either take this and read it at our leisure and then maybe come back with questions in the future, or Steve is here right now if you would prefer some presentation or discussion on it prior to being able to read it. It's up to the pleasure of the board. Mr. Schiffer? COMMISSIONER SCHIFFER: I think what I'd like to do is take it back and read it and then at the next boat dock -- would Steve be here for that? Let's look at it then, or -- CHAIRMAN STRAIN: That's fine. I mean, might we -- might you consider this: Take it and read it and if you have any questions just e -mail staff to let them know that yeah, we will have questions at the im 161 18k February 1, 2007 next dock hearing and maybe Steve could come back for whenever that occurs. Does that work for everybody? COMMISSIONER SCHIFFER: The exhibit you have, are they large versions of what we have? MR. STEPHENS: Yes. CHAIRMAN STRAIN: How about the rest of you, are you okay with that? COMMISSIONER VIGLIOTTI: Fine. COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Steve, if you could just kind of hang around till we get past this one dock one, just in case there's any riparian rights issues that may come up, that would just make sure everything's done right today. Okay, with that, Rocky, it's all yours. MR. SCOFIELD: I'm sure there won't be any questions. Good morning. Rocky Scofield, for the record, with Turrell & Associates, representing Raymond Young, the applicant. Mr. Young is -- has a lot in Port of the Islands. This is a standard boat dock extension, in which almost all the lots in Port of the Islands have extensions in the Cays, Phase 2. That's the easterly subdivision with the rip -rap. The northerly one has the vertical seawalls. But all the ones over on this side, it's rip -rap shorelines, which vegetation is grown up shallow near the shores, so most of them request boat dock extensions. The handout you got on the aerial just shows the docks in the surrounding area and how far out they stick into the canal. I've been before this commission before and have done quite a few of these in this area. Up to 50 feet into the waterways. The waterways are quite large, so it doesn't pose any problems. We're requesting a 19 -foot extension today for a total of 39 feet into a waterway that's approximately 225 feet. So there's no obstacles to navigation, there's no problem with sight from the neighbors, view problems. I'll put a larger version of the aerial overlay on here. That's the dock on the aerial overlay. You can see the vegetation on the shore. The back side of the dock is not usable. The vegetation and the shallow water go out to the main dock, the T -dock. There's a boat lift on one side. And Port of the Islands, you're only -- under the manatee conditions, you're only allowed one boat per 100 feet of shoreline. We're showing one boat -- one boat lift on this dock. And that's just the dock drawing. It's fairly straightforward. If there's any questions, I'd be happy to answer them. CHAIRMAN STRAIN: Are there any questions? Recommendation to -- COMMISSIONER MURRAY: Oh, yeah. CHAIRMAN STRAIN: Oh, you have a question? COMMISSIONER MURRAY: Me? Yes. COMMISSIONER ADELSTEIN: Of course. COMMISSIONER MURRAY: Interesting, a number of questions, actually. On the dock, it looks as almost two vessels can be in there. I realize one potentially being a lift. Is that an appropriate thing, to have it that long, or is that something you have -- MR. SCOFIELD: Yeah, this question came up with the environmental department. I met with Steve Linberger. I went over to the department and met with him and he asked some of these questions. The thing is, the back of the dock, as I said, is not usable. The owner would like an area where he can -- you know, it's really nice to have a dock where you can pull your boat up to and you don't have to pull it on the lift every time when you're in and out. Page 5 101 1B1 February 1, 2007 Also, if a friend or neighbor wants to come by, there's an area that they can pull up to. There's also, when your boat's on the lift, you've got an area you can go out and fish off of So there's not excessive deck area on this proposal. COMMISSIONER MURRAY: I understand. I don't have a personal problem with it. But you indicated that in Port of the Islands you should only have -- something about having a restriction to one boat? MR. SCOFIELD: They restrict the owners to one vessel. Doesn't mean transients and friends can't come in and see you or you've got a place to fish from. COMMISSIONER MURRAY: Okay. So there's no restriction in terms of whether opportunity could be there for somebody else -- MR. SCOFIELD: No, sir. COMMISSIONER MURRAY: -- that's fine. Okay. I was looking at the -- looking at the pictures that were taken. And there's one on Page 5. Seems close to the shore was my notation to myself. It's only a 100 -foot lot, and it appears that this is going to be in the middle. But just the thought, the picture, and the picture below it doesn't really serve much of a purpose for the visualization that I'd like to be able to make to get a better understanding. And I appreciate the opportunity to do it here as well, to amplify. But if you look at that picture analytically, you can see it doesn't really give you a whole lot to go by. And with all of that -- all of the fauna there, it's difficult -- no, flora, excuse me -- difficult to appreciate. Let me go into some of the more solid issues, though. You indicated 15 on one and 29 on the other. MR. SCOFIELD: That's correct. COMMISSIONER MURRAY: That's the reasons, of course, the number of -- struggling with the word here for the -- what is it? What are the material, the flowers? They're not flowers. Damn, I'm having a good morning, I can see. I apologize, I did a moment here. MR. SCOFIELD: The vegetation? COMMISSIONER MURRAY: The vegetation is what I'm trying to relate to. My apologies for this. Is it because of the vegetation that you've chosen to set it back that far, or that -- or is it because of the configuration of the dock that you want to realize? It's pretty much in the center of the property. MR. SCOFIELD: Okay, if you look at that dock on that aerial overlay, you can see the vegetation. That's why it's set back 15 feet from one side and 29 from the other side. COMMISSIONER MURRAY: Right. MR. SCOFIELD: Just to fit it in there, and without going out any further. The county setbacks are 15 feet and that's -- you know, that's what a lot of these docks are down here. COMMISSIONER MURRAY: Right. Well, when I looked at your proposed dock layout -- and I'm relating to where you say, a total protrusion of 39 feet. And I noted on this line, I don't know how to guide you to the particular document, but it's -- says Young dock proposed dock layout. MR. SCOFIELD: Okay. COMMISSIONER MURRAY: And it shows the 39 feet. I guess that's the one that's there. No, it's not. I was trying to figure out where the line was closest to the property, what that ended at. I guess what I'm driving at, on this particular document, there is -- excuse me? '.:- • 161 1Bi February 1, 2007 MR. SCOFIELD: I don't know if this helps you or not. COMMISSIONER MURRAY: Well, yeah, I guess we can start to work with this. The points where it's marked A and A, I can see that goes to what I believe to be the property line on A. But on the other one where you say the total protrusion comes from, you have 39 feet, but it's probably 10 feet, perhaps less, from the property line. You know, maybe you should look at the -- MR. SCOFIELD: The mean high water line is the property line. COMMISSIONER MURRAY: Okay. For the purposes of this, that's what you're saying? MR. SCOFIELD: Yes, sir. COMMISSIONER MURRAY: Okay. That clarifies that for me, thank you. One final point. Do we consider the distance that you have, what is it, 225 feet? MR. SCOFIELD: Yes, sir. COMMISSIONER MURRAY: Do we consider that to be the navigable distance, or does that -- MR. SCOFIELD: No. COMMISSIONER MURRAY: -- include absolute shoreline? MR. SCOFIELD: No, that is the distance, the measure from the mean high water to the mean high water. COMMISSIONER MURRAY: Mean high water to mean high water. MR. SCOFIELD: That's correct. COMMISSIONER MURRAY: Regardless of whatever vegetation it is. MR. SCOFIELD: Usually that's the way it is. In some cases that we bring before you, we distinguish between navigable waterways, especially when you have mean high waters that go way back into mangroves and they extend out maybe, you know, quite a bit of distance into the waterway which isn't navigable, you know. So you may have a 400 -foot waterway but you only may have 100 feet navigable waterway. And in cases like that, we distinguish. On very wide canals like this, there is no issue with navigation. COMMISSIONER MURRAY: Okay. The reason I raised the question is because you indicated it was an estimate, and I wasn't sure what you were taking into consideration. MR. SCOFIELD: Well, when we say estimate, it's usually with a foot or two. COMMISSIONER MURRAY: Okay, good. MR. SCOFIELD: We pull that off of not only surveys by surveyors, but also aerial. We measure that off of aerials. COMMISSIONER MURRAY: You've answered my questions, I appreciate that. And my apologies for having a senior moment. MR. SCOFIELD: Okay. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. The water channel that comes in from the Gulf, what is the depth of that now? MR. SCOFIELD: The Fakaunion Canal? COMMISSIONER KOLFLAT: Yes. MR. SCOFIELD: You know, I think it's around five; five to six feet at the best. COMMISSIONER KOLFLAT: Have they dredged that recently at all? MR. SCOFIELD: Not that I know of COMMISSIONER KOLFLAT: But you can get a five -foot draft in there? MR. SCOFIELD: Yes, sir. Actually, there's -- the area, not the canal going out to the Gulf, but the areas in closer in there has been dredged. There's a marina that's been installed in there, fairly large marina. Page 7 161 181 February 1, 2007 The old marina there at Port of the Islands, it's under new ownership and they've revamped it and done dredging in there. So yeah, larger -- there's boats up to 50 feet that can get in here. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Rocky, let's try to simplify this. Have the neighbors complained at all? MR. SCOFIELD: No. CHAIRMAN STRAIN: Has anybody complained at all? MR. SCOFIELD: No. CHAIRMAN STRAIN: You're not going out beyond any -- longer than anything on that block that I can see. In fact, you're less than everything on the block. MR. SCOFIELD: Right. I said earlier, we've got extensions in this area, Port of the Islands, out to 50 feet, and there's never been any complaints. CHAIRMAN STRAIN: Okay. MR. SCOFIELD: I don't see too many people here today. CHAIRMAN STRAIN: I don't either. Thank you, Rocky. Is there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay, staff want to provide any kind of short summary, if they'd like? MS. BLAIR: Good morning. Ashley Blair, for the record. This petition does meet all of the primary criteria and secondary criteria. I haven't received any letters of objection. If you guys have any questions, I'd be happy to answer them. CHAIRMAN STRAIN: Any questions of staff? (No response.) CHAIRMAN STRAIN: Ashley, you keep getting the easy -- oh, you may not. Mr. Vigliotti wants a real estate sign to put up there so the City of Naples can take it down again. COMMISSIONER VIGLIOTTL• I just wanted to make a motion to approve. CHAIRMAN STRAIN: We've got to close the public hearing first. I don't think there's any other questions. Thank you, Ashley. Now, are there any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Thank God. Okay, is there -- we'll close the public hearing. Mr. Vigliotti, do you have a motion? COMMISSIONER VIGLIOTTI: Yes, I still will make that motion. CHAIRMAN STRAIN: What motion? COMMISSIONER VIGLIOTTI: Motion to approve. CHAIRMAN STRAIN: Great. Is there a second to the motion? COMMISSIONER TUFF: (Indicating.) CHAIRMAN STRAIN: Mr. Tuff raised his hand first, so Mr. Tuff will second it. All in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN STRAIN: Aye. Zl kklry ,u) COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. We are done. Thank you. Steve, I want to thank you very much for your attendance and especially the detailed report that you provided. I'm sure that we will read it and we'll put you through some kind of torture test later in the future. COMMISSIONER ADELSTEIN: Could I have about five minutes to talk to our court reporter? All of us together. It's not on the agenda, that's why I'm asking, can I do it. CHAIRMAN STRAIN: Yeah. Is it something that can wait till old business, or do you want to bring it up before Dan Summers speaks? COMMISSIONER ADELSTEIN: However you want to do it. CHAIRMAN STRAIN: Well, old business would be more appropriate, because the next item on our agenda is Dan Summers. But it's up to you. If it's necessary -- COMMISSIONER ADELSTEIN: It's not -- it is a necessary, because two different groups make the statement differently. Do you put -- do you swear to tell the truth, the whole truth, nothing but the truth, so help you God. That is -- COMMISSIONER KOLFLAT: Mr. Chairman? CHAIRMAN STRAIN: Why don't we just bring it up during new business then. COMMISSIONER KOLFLAT: I was going to ask Lindy to speak into the mic. I couldn't quite -- CHAIRMAN STRAIN: I was just going to do the same thing as well. Thank you, Mr. Kolflat. Lindy, when you talk, you've got to bring that mic closer. You've got to speak slower, like I do. And we'll bring your issue up during new business. Okay. With that, Mr. Summers, welcome. MR. SUMMERS: Good morning. Mr. Chairman, Commissioners, good morning. Dan Summers, Director of the Bureau of Emergency Services. And I hope you're doing well this morning. Bear with me and let me get our technology on board here. CHAIRMAN STRAIN: One thing I'd like to mention to you, Dan, is that there are probably questions from various members, and in the past when we've had a document like this, if we -- to ask our questions after your presentation. MR. SUMMERS: Very well. CHAIRMAN STRAIN: I would assume that would help you get through your presentation, and maybe we could go page by page then through the document and ask any questions we may have. MR. SUMMERS: You're certainly welcome to do that, Mr. Chairman, thank you. CHAIRMAN STRAIN: Thank you. Item #9 OLD BUSINESS — PRESENTATION BY DAN SUMMERS CONCERNING AN EVACUATION STUDY MR. SUMMERS: Folks, good morning. Dan Summers. I'm going to try to separate myself between first and second person this morning. I do not have the consultants here. Was not -- we only had one trip for them to make a report. So I'll share with you the consultant's findings as we have in the power point illustration. I'll try not to side bar too much as the Page 9 161 1Bi February 1, 2007 customer for this particular document, but I will do that periodically and be available to answer your questions. Again, the title of this was abbreviated hurricane evacuation restudy for Collier County. The contractor, through a selective bid process, was Dewberry and Davis. And as consulting engineers for that, very prevalent in hurricane evacuation study, FEMA tasking type opportunities as well. The lead project manager for that was a gentleman by the name of Bill Massey. Bill's recently retired as hurricane program manager for FEMA about two or three years ago. Betty Hearn Morrow, well respected in our emergency management community, with Sociological Research, out of Miami. Trand Systems was also involved, and their principal there was a gentleman by the name of Craig Miller. Let me tell you -- let me preface this document by what we say the term abbreviated hurricane evacuation restudy. By no stretch of the imagination did Collier County Emergency Management have, nor did we think it was appropriate to seek resources for what's termed a full hurricane evacuation restudy. That -- a full hurricane evacuation restudy, which is still relatively a new instrument in our emergency management industry is millions and millions of dollars, and those typically have been efforts at the state level, the FEMA level, even Corps of Engineers level to do some of the early hurricane evacuation studies that were done years ago, based on -- with a great deal of that being behavioral analysis from experience, and also transportation modeling. This request did not get into any detailed transportation modeling, it was just not within the scope and certainly not within our budget. Having said that, FEMA and the State of Florida, any time there's a disaster -- if I can digress for a minute. Any time there's a disaster, FEMA wisely sets aside a percentage of the cost of that disaster at the state and local level for mitigation efforts that can -- funds that can be available, not only for the state but at the local level. Well, the State of Florida, and I truly compliment them, are going to take some of their assignment of that mitigation money from FEMA, partner with FEMA and several other agencies, and plan on initiating a state -wide coastal hurricane evacuation study, very, very large program, and that will probably be managed out of one of the regional planning councils, I believe in the Tallahassee area I believe will kind of be the focal point for that. It will involve local emergency managers, but a great deal of transportation modeling. So there is not any significant transportation modeling in here, it's not within our budget or scope, but what this does do is sort of give me an update between the '99 and '01 studies -- '99 data, '01 compilation of that data. And today to kind of help me bridge the gap and stay accurate, because it will probably be three years before the state and FEMA finish this detailed transportation modeling. Our scope of work was to just sort of revisit from an outside perspective some of our evacuation timing issues. And you know that's probably the hardest thing I do is to try to make that solid recommendation for pulling the trigger on evacuation recommendations. Talk a little bit about routes. Talk a little bit about supplemental traffic controls, since we're doing better with some of the technology. And at least getting the emergency management side of the house spun up on that. Additional signage recommendations and some improved use of GIS. And GIS is really an exciting arena for emergency planners now. We find out that we can do more with a GIS map than we ever can do in 20 pages of emergency plans. So really we are working hard in trying to invest our limited resources and doing more GIS real time; take some of the existing data, match it Page 10 161 1p February 1, 2007 with real time disaster scenarios and really be a whole lot more efficient in our response. FEMA also does periodically what they call behavior analysis. And they broker this out to typically to the universities who will go in and periodically after a disaster make contact with disaster victims and survey their behavioral response. And that behavioral response can be anything like did you understand the state and local government warning, did you make a conscious decision not to leave at 5:00 p.m. but leave at 6:00 a.m. the next morning. You know, where did you receive your source of information, that kind of thing. So that data, that behavioral analysis, FEMA had done -- we had a series of storms. As you know, we went through Charley and Wilma and then of course the Katrina incident. Well, that work all the way back to Charley kept getting delayed in the completion of that survey. And I desperately wanted some of that survey data to be available. But FEMA was held back just because of competing priorities. So we were glad that we finally got at least FEMA's draft behavioral analysis to look at. Anything we can do to improve efficiency and subsequent findings. Betty Murrow talked a little bit about the behavioral assessment. And for the sake of planning purposes, this was actually some of the demographic data that she pulled from the county website. It was not our goal to dispute those in terms of actual planning numbers, but it was just -- again, for me, I always take a broad brush worst case scenario, and so these were the numbers that I was looking at. For me, I always maintain an interest there on household sizes, as we use some planning formulas, you know, the 1.25 cars per household for evacuation or something like that. So those were some of the things, as an example, that we take a look at, again, looking at some of our population projections. What I think was most helpful here is from Ms. Murrow's perspective was to remind me about what may be a potentially vulnerable population. And as we look at those household without cars, the median age, those with disabilities, female heads of household, females with children, Hispanics, and so those are target areas that I really work hard to get the emergency message out to and the emergency preparedness theme, you know, the family get ready type discussion. So we work hard and we're doing abetter job every year I think of targeting that. We've done a much better job. I have to compliment Jaime Sarbaugh, our public information officer, for reaching out to the Hispanic radio stations, working with Hispanic TV, getting more publications available in Spanish. We've had great support from the church community as it relates to disaster preparedness in our Hispanic community. So again, working hard to make sure that that group is understood. The demographics that Betty brought to our attention a little bit were obviously as we look at the scheme of things, why we have the term very effluent community there, is that we associate an emergency planning -- the affluency with being mobile. And so being mobile means that there's not a real issue in terms of challenging evacuations. We talked a little bit about the renter's population here, and obviously a great of that being seasonal type activity. The good news right now, or generally speaking, I can't tell you during our peak hurricane periods of August and September what our rental capacity is, or what it might be at -- I'm song, not capacity but census. But I do have -- the Chamber of Commerce and tourism are plugged into the Emergency Operations Center, so they can give me a general feel about that census, generally speaking, during peak hurricane seasons. The other part here is talking about this -- the number of folks with disabilities. And we have to be very, very careful to realize that as emergency managers, just because we have a significant population disability doesn't mean that they're not mobile. And they all have either transportation capability, they have transportation resources, and in many cases, with a lot of disabled folks, even their caregivers, home health agencies and that type of thing, have already worked out a disaster plan or a disaster contingency for them. Page 11 I February 1, 210/ And this comment here about emergency management has a very strong PSN, that's persons with special needs, registration program. We work very hard every day to update a database of those individuals that really have to rely on local government for some type of transportation and continuity of care during a disaster. That number fluctuates daily and it really -- we'll have a sudden onset of PSN registration as the tropics begin to become active. But we maintain about 1,600 individuals in our database. And we really have to do, kind of in a global fashion, we really have to do some individual care for those 1,600 individuals that meet that criteria statutory for some of this hurricane protection evacuation relocation, et cetera. So we work hard with that population. And I think we advertise that a lot. We have great cooperation from our partners, home health agencies, in getting those folks that are the most vulnerable registered, and I think we do a pretty good job with that. In terms of hnmokalee, we asked our consultants to actually go back and spend a little time with us and help us make sure we understood all of the key issues in Immokalee. Good newsibad news. The good news of course is that we don't worry about storm surge in the Immokalee area, and they are far inland. Doesn't mean they're not susceptible to strong winds, doesn't mean that there's not substandard housing out there that doesn't meet the wind codes. We realize that; that's always a challenge. But what we found out -- what was most interesting there is -- and we really sort of -- we had the taste of this from the last storms, is that we really need to pay a little more attention, not necessarily in family sheltering in that area, but generally traditionally predominantly male disaster housing out there. And particularly for the immediate shelter issues. And I know a lot of agencies are working in a lot of arenas to improve that migrant farm housing. Are we at the point for wind resistant migrant housing? I'm not sure we're there yet. That's a Department of Agriculture and Health Department's type issue. But I do know now that one of the things I need to do in my battle plan pre -storm event is pay a little more attention to the fact that we may just have a high male population in some of that shelter scenarios. So I can make plans in my shelter management accordingly. Who will evacuate? Generally our folks in the coast have -- we have very good compliance. And it may be that folks realize hey, I just don't want the inconvenience. I'm not necessarily concerned that my coastal structure may not survive, that's not always the case. And what we have not illustrated in Collier County, and we've been blessed to the effect, that most of these storms have been wind events, not storm surge events. And the wind event that we've been through, such as Wilma, minimal surge impact. We know, thank heavens, as I have said to Mr. Mudd, that was victory for building codes, because we did very, very well in the wind environment. We all know that when you start putting three, six or nine feet of water over land, you know that that scenario, the recovery time and the recovery process is drastically different. We know from experience folks are more likely to evacuate if they perceive risk. And that's my job is to try to convey, with the help of the media and the board, when we activate a state of emergency, to really validate risk. I worry about that. And I have to send a strong message. I have to make sure that message is consistent and I have to make sure that message is delivered on time, and to, most importantly, make sure that folks have ample time to go through the decision process. And I've learned this through many, many storm events in coastal North Carolina. I caught myself doing it where even local government said hey, you need to start the evacuation process at 6:00 a.m. tomorrow morning. Well, rest assured, if I was John Q. Public, I'd wake up at 5:00, check the weather channel, call my neighbor, what are you doing, what kind of things are our local government doing to get ready. And so I will evaluate my decision outside of the Page 12 161 1B1 February 1, 2007 governmental channels, just to kind of get a flare for what my neighbor's doing. And I made the -- just to give you an example, in Carolina I will tell you that I think our most successful evacuations took place on barrier islands when three or more U -hauls showed up that morning to move out valuable goods. And when folks saw their neighbor with a U -haul getting ready for a storm, that's the best way to get compliance I've ever seen. But those kind of things are -- that's just human nature, is my point, is that we have to make sure we try to sell that message. And again, we don't want to let our residents be in a false sense of security with a storm because they have not had significant storm surge events. Talked a little bit about evacuation rates. The Baker study that was done in conjunction with FEMA looks a little bit at the evacuation heights -- I'm sorry, evacuation rates historically and what we see. It seems that 25 percent evacuation compliance is a pretty good hypothetical number. But what we all have trouble doing in the emergency management realm is where that is 25 percent concentrated. And that's typically -- we only measure it county -wide. So if we had poor compliance in the Estates but we had very high compliance in the coast, we have a hard time sort of divvying that out. But we know generally evacuation compliance works pretty well and we have pretty good percentages with that. When we kick off these storm events as Category 3 or above -- in our Atlantic Coast and Gulf Coast history, Cat. 3 and above, everybody seems to think hey, that's my family action plan, Cat. 3 we don't need to be here. And our good friend, Max Mayfield, who just retired at the Hurricane Center, is very, very good about making sure that his messages from the forecast center are as accurate as they can be and making sure that anticipated changes in the forecast are clearly understood. We look a little bit in terms of the projected estimates of evacuation and shelter use in Collier County. And I will tell you, of course Charley and Wilma really sort of peaked the numbers there in terms of sheltering capacity, or shelter numbers here. They hit the targets we were thinking they were going to hit. We have a great working relationship with Collier County district schools in that shelter environment there. An absolute great player with us and involve us to the extent possible during discussions of new construction, shelter retrofit. They have a very aggressive posture, in my opinion, with how they harden their buildings for sheltering. And we really are doing a pretty good job. I will tell you that the State of Florida right now is in the final phases of making an award to Collier County district schools for generators for possibly two of our high schools. And when I say a generator, we're talking probably a one megawatt plant coming out of there. So some of those schools that will help us with our special needs population, probably not this year but the following year will have about 95 percent of the campus on backup power, which is phenomenal. That's going to make all the difference in the world in our ability to care for those special populations. So we've got some good work coming out of Senate Bill 7131 under Governor Bush and some great partnership coming with FEMA dollars. In terms of refuge, this is always an issue in that we have a hard time here when we make the evacuation recommendations of saying what should be your evacuation destination. And we've been very careful not to say destination, but we've really pointed people towards you want to be close to an inland urban center. Even to the extent that they may be impacted. And the reason I say that is that I want everybody away from surge. And my goal always is to bide from the wind but to run from the water. Even if you're going into inland or mainland Florida and you do experience wind and power outages, you are still less inconvenienced than if you were down here and trapped by storm surge waters or the impact of a stone surge event. So I can only give that level of risk reduction in our discussion. We talk a lot about -- we ask the question frequently, is Orlando the point of destination? Well, yes, Page 13 161 1B February 1, 2007 I think the current number for hotel rooms in Orlando is about 110,000 available hotel rooms, somewhere in that neighborhood. Well, any given day the Orlando area will tell you that they stay at about 60 percent or 70 percent occupancy in the Orlando area. So there is really not that much additional capacity if Orlando is the destination. But we find out just from studies and behavioral assessments that there is a very interesting spread here. Folks do find hotel rooms. They go to family and friends inland and those type of things. So this is a pretty good demographic spread here, or estimate, if you will, of what type of shelter that folks use. And we really encourage folks to use family, friends and other destinations. And public shelter is your shelter of last resort. Again, the recommendations from the assessment continue to monitor the state's hurricane evacuation study. We'll continue to do efforts in the farmworker hmmokalee community. And we do not have the financial resources for a comprehensive behavioral survey. Very expensive to do. And frankly, it's not very successful unless you do it about 90 days after landfall. So I don't want to have another storm event just to do an analysis, but if we do have one and we can find federal and state resources to conduct that analysis, that will help me as an emergency planner. Craig Miller did our transportation things. And part of the discussion going on here is that if you'll look at 1982 and 2001 in terms of 60 -hour clearance time for Southwest Florida, 60 hours as an emergency planning benchmark is just not useful for me. I can't do any better than 12 or 24 hours prior to a watch or a warning because of forecasting. As significantly -- as significant as the improvements have been at the National Hurricane Center, 60 hours is not the time that I need to make those kind of decisions. I have to have a much tighter window and we have to have additional -- anyway, 60 hours just won't cut it, as you could understand. Twenty-four hours as a clearance time isn't acceptable. Remember, clearance times for me is what I kind of call everybody's hunkered down, squared away before the arrival of gale force winds. So I have to remind everybody, don't track the center of the storm. Our decision point is the outside band of the storm, wherever those 30 to 40 mile an hour winds are. So it's that outside point of the storm and how it affects the county is what I want as clearance time. Now, fortunately Mother Nature will always give me a little bit of -- there's always a little flex time in there because the first band may come around and, you know, it may be 30 or 45 minutes before the next band comes around. But I'm looking for sustained storm force winds, not the particular gust that comes through. And because we've got so far to go and we have so much space inland in Collier County. So again, that's why my evacuations concentrate from the coast to the inland. And so I want that -- anyway, I want these clearance times under 24 hours. Now, the additional signage here, variable message signs and highway advisory radios. We really want to do more in that arena, and we have to really do more of that with the State Department of Transportation. We hope that while we are on the periphery of any of this Interstate 75 discussion, and we know the price tag of that is significant, as they go into transportation or intelligent transportation systems, we want those systems such as variable message signs or highway advisory radios, the low power AM radio that you see on the highway, we want all those things to be lockstep with emergency management so that we can hit that population that's moving on the interstate. Or if we have to, if we have a bottleneck or an accident or something, be able to use those intelligent transportation tools for diversion or detour. And we hope that we get the opportunity to participate with more of that in the future. It's important that Collier, Lee, Charlotte and Sarasota stay networked in that transportation management. So I believe there's some long -term plans for DOT to have a transportation management center I believe in Lee County as part of this next I -75 corridor effort. We very much want to have closer ties with that transportation management center, maybe get camera information back into the EOC's, look Page 14 FA u�a 1 1,1 at flow, get more automated traffic counts so that we, when we have the ability to make some changes and decisions or change some threshold decision times, we can do that and keep that transportation management system pumping that information out to the motoring public. So we're working hard on that. There is a need to do a region -wide transportation model. And this was not the scope of this effort. This is a placeholder here to remind us that as the state looks at this from the statewide evacuation restudy, that this modeling has emergency managers at the table. The interactive modeling would be nice. We don't have the resources at this point or haven't found a way to partner with DOT to kind of see real -time traffic counts, but we hope to do that in the future. General overall highway improvements. We've worked hard. I'll give you an example. While we were counting on variable message signs and those type of things, we were fairly successful during Charley of actually printing up a one -page information sheet on shelters and traffic in essential facilities in Collier County, and putting them at the toll booths for those folks that were inbound or transiting Collier County say from a storm from the east coast. So those kind of things are kind of important. All those little things to get information out, keep people moving, keeping the impact on the 9 -1 -1 system as low as possible during these events. The other thing that the folks talked with us about a little bit is keeping an eye on the feeder routes. I know lots of discussion in the county about our additional overpasses and access on 1 -75. That's a transportation system outside of our league. But we are anxious to kind of see how that works out so that we can monitor evacuation activity. Some of the centralized computer systems on the signals, we know that's already in place. Mr. Feder does a great job with the SCOOP program. And we know that as their transportation management coordinates more closely with us in the future, that's going to be one of the key elements probably in the new emergency operations center is that we can do lots of things there to keep things moving for evacuation. We want to revisit highway advisory radio. That thing has kind of been a challenge from the state. You know Everglades radio network, when you go down 1 -75 and listen to that. Well, we are in theory through the state and through WGCU that runs that transmitter, supposed to be able to update Everglades radio with highway information as it relates to an emergency. We've got an equipment conflict there at the state level in terms of how to update that or how long it takes to update that Everglades radio. We're working very closely with WGCU, Dean Davey over there, working with WGCU -FM. We're doing more -- we've got more communication, more activity going on so that we can try to do a better job of updating that as well. Contraflow. Only the governor -- only the governors of the state can order contraflow. That is not a local government decision. We know that from experience or planning from Alligator Alley type -- tabletop discussions that it will take 30 hours, probably, to get equipment in place to conduct a contraflow on 1 -75. Well, 30 hours prior to the decision to make an evacuation is too far out to make a reliable evacuation decision. So we hope that the state will continue. And I think FEMA's really going to press the states to say hey, are there automated barriers, controls, more intelligent transportation resources you can put in there so on short order you can operate a contraflow if you need to do that. As you may remember the story a couple of weeks ago where they've painted on the asphalt the exit numbers and the mileage numbers. Well, that is part of the contraflow effort. So that if a contraflow lane has to be inspected in order to start contraflow, it can be done from the air and those mileage markers can be called from the aircraft in case there's any problem. That's part of the effort associated with that. Lot of discussion that we've had on the case example of Houston during one of the hurricane events. Houston really did a good job, had a good contraflow plan, but pulled the trigger on it too late. Page 15 February 1, 200 And that really caused some nightmares. And you may remember some of those news stories during one of the hurricane events. I think the other part of this, some crossovers that this study is recommending. We're going to share this and have shared this with the state, FEMA, DOT folks to look at some additional crossovers. Crossovers are a real challenge on the Alley for all the environmental reasons and also for all the safety reasons. But having some crossover points where you can get that contraflow started and where you can get that contraflow back to regular traffic flow is a problem. But even the folks will tell you that the vast distance on I -75, at least exiting Collier County, if you're not careful you do nothing more than change the queue and move the bottleneck. So sometimes it's just better to let the traffic stay its normal course and normal pattern so that you don't get that accumulative effect of a bottleneck, just in a different location. So I would rather take the risk of making as best and early evacuation decision as I can, even to the point of knowing that maybe 30 percent of the time I could be wrong or call it too early. But I'd rather you traveled through the regular norm of traffic than I would necessarily do contraflow. But we do have contraflow plans, the state has contraflow plans that they've shared with us, but again, that's a state decision. Just a few other things, I'll finish up. Continue our hurricane evacuation exercises and tabletops. As you know, we're very aggressive in that area. Continue our training for county staff. We have a great team of administrators and department heads. We work very well together as we review those hurricane activities every year. Our evacuation recommendations. Heavens, we've got -- we actually have a pretty good boilerplate for doing that now. We have enough experience under our belt. We can -- we're faster and better after every storm. Public education, public awareness. Sometimes the public gets tired of hearing that we're not out to preach doom and gloom. We're just telling you, get ready, be safe, reduce the consensus in Collier County. Let us do our work, get things reopened, and we'll get you back to pre- disaster condition and continue to enjoy a great and wonderful life in Collier County that we enjoy. And I have had some experience in the east coast of going through that several times. But we do bounce back and become stronger afterwards. Making sure we aggressively use Collier TV. We're going to readdress direct mail campaigns next year and see if direct mailing of hurricane preparedness information might be better. We don't have good attendance at our community hurricane seminars, so we may actually look at some direct mailing opportunities this year. We've recorded a lot of multi -media type activity, CDs and DVDs that we try to get out at most any venue. There is always some that will not evacuate. And that's always the percentage that seems to find the news crew, you know, during those kind of events. It's unfortunate but it's not uncommon. So we work very, very hard to do that. We're in touch with the municipalities. Our law enforcement folks are there to help us if there's not good evacuation compliance. I have Scripps ready that if necessary, you know, if there's a pocket of folks that just aren't moving for whatever reason, I find out, or try to find out. I'm not afraid for a firefighter or law enforcement to go do a door -to -door notification, if necessary. We have multiple automated telephonic notification systems. Marco Island has one, the City of Naples has one, the sheriff has one. My telephonic notification equipment is just for the special needs population, so I can dial them up, get them ready to go. They can punch a number on the key pad and tell me whether they're in town, not going to be in town, whether they need transportation, et cetera. So we've done a good job in I think some technology in folks maintaining their readiness posture Page 16 161 Hi February 1, 2007 and staying in touch with them. The hurricane evacuation study, and that's Senate Bill 7121, I believe I'm quoting the right number, again has done a good job. Really, some real forward leaning legislation for hurricane preparedness. So a quick overview and I'll stop right there and see what questions or concerns that you may have. CHAIRMAN STRAIN: Okay. At the discretion of this panel, I might suggest that if you'd like we can move through the study as we have in other documents on a page -by -page basis. If anybody has a question, we'll stop and entertain the questions. Does that sound okay with everyone? Dan, in that executive summary or the hurricane study you passed out last time, basically we'll start with the executive summary on Page 1. Any questions on Page 1 or 2 of the study? Mr. Schiffer? COMMISSIONER SCHIFFER: Dan, you referenced something as a clearance time, which is the time it takes somebody evacuating to reach the boundary line. But that's obviously not the finish line of their evacuation. MR. SUMMERS: No, sir, it's not. And that's a good point. I sort of hit on that about destination planning. And we don't focus on destination planning, but what we think the model should do, the state model, is actually run some scenarios out from what we deem as a clearance time or a clearance point, if you will, as to what some destination simulations should be. So we want clearance from the coastal -- you know, from the potential -- the point of most vulnerability. That's kind of as far as we go, as long as we know that we've got people going inland and they're going to be relatively safe. But your point probably is that we don't have good handles on -- because we have to look at traffic modeling and forward speed, we don't really know what clearance time is to destination. We just haven't had it -- that's what we really hope that this state study does is run simulations to destinations, so that if I have to adjust anything -- I want everybody traveling during daylight hours, as an example. I don't like to pull the trigger on evacuation recommendation at night. We know it takes longer to do that. So we hope the new study will do that destination modeling. And probably add some new terms for clearance time. Probably refine that. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Dan, on Page 2, have you ever known us to have a hurricane during what we typically term the peak season, which is the first few months of the year? The reason I'm asking that is because the 60 hours that's being referenced repeatedly as unacceptable according to this document is based on peak season residents. So I'm just wondering why we would base an evacuation time of peak season residential when that's not when we have hurricanes. MR. SUMMERS: Right. I think it is sometimes a bad habit, but the emergency management guy, for planning purpose, and even our consulting folks always want to put you in what is absolutely that worst category. And so I would rather my -- because this is such an inexact science, we lean -- and I will tell you that sometimes we're guilty of leaning forward in projections like this maybe 20 or 30 percent, because that's the only safety factor that we have with whether Mother Nature increases forward speed or increases intensity or what have you. So we have learned that that's the only safety factor that we just have that traditionally have built into a lot of our scenarios. CHAIRMAN STRAIN: Well, I understand when Mother Nature moves faster or slower. But has Mother Nature ever moved during our peak season, that you know of? I mean, because that doesn't even seem -- I have -- in my 30 years here I've never experienced that. I don't know, maybe from history of anybody ever saying that's ever occurred. So I'm just wondering really how practical it is -- Page 17 14ulry 1,u MR. SUMMERS: You're talking about our peak tourist -- our peak population period, not our peak hurricane season. CHAIRMAN STRAIN: Is this referring to -- it says 1.3 million peak season residents. MR. SUMMERS: And that should be referring to our tourist peak I think is a little mis -- a little clarification there, not our peak point of our hurricane season. And we typically don't have hurricane events during our high season. CHAIRMAN STRAIN: Okay. So you're saying the peak season residents they're referring to are those peak hurricane season residents, not the peak tourist season residents. MR. SUMMERS: No, sir, I believe, as I interpret this, that we look at -- we will use our peak population number as the base. Granted, our population begins to reduce in that August and September period, but I will use that peak number as my base for planning. CHAIRMAN STRAIN: You are doing then what I was concerned about. I haven't -- I don't see the practicality of it, but I understand your reasoning, so I'll just leave it at that. MR. SUMMERS: And to be honest with you, Mr. Chairman, I think that what we really hope for that comes out of this study in the next year or two, we'll be able to zoom in on that a little bit more. Because I think either because of modeling or technology, what we have been using are some very elementary tools in the planning. And I think the traffic modeling and some of the new research that's being done, what we hope to see is not a planning study for Southwest Florida. I kind of hope that this model, at least what I think the state plans on investing, may give us some model data down to the zip code level. And so that's where I think we're going to make the big jump in some of this. It may not change the overall numbers, but it will certainly help me make some better decisions in terms of resources. CHAIRMAN STRAIN: Page 3. Mr. Tuff? COMMISSIONER TUFF: I just thought for consistency, like you have 2,200 farmworkers that you're planning for, and in season there's 22,000, and you don't plan for that. And now we're planning here for this great big season and they're not going to be here. That's the only -- I'm just concurring with you, but we're not consistent in this study is all. MR. SUMMERS: That's right. And that's a very -- another valid point. But I again our goal is to start some numbers there as thresholds that -- and because we don't have the liberty -- you know, it's very hard for us to react. If we make capacity changes in evacuation or sheltering, for example, it may take me three to five years to make those adjustments, because I have to leverage so many other partners to get that done. Good point, but our cycle is very slow in adjusting to capacity changes. CHAIRMAN STRAIN: We're on Page 3. Dan, I've got one question. If I'm not mistaken, this document is going to be somewhat used as an RFP for a bigger study? MR. SUMMERS: No, sir, this was done solely on behalf of Collier County for Collier County. But we do know that the State of Florida will be addressing similar scopes of work. But this was done just as an in -house tool. CHAIRMAN STRAIN: Well, in the introduction, in the purpose, I didn't find any reference in there to any suggested recommendations to our land uses in our Growth Management Plan, as an example. And I know there have been times in front of this commission we have asked applicants that have brought projects forward in the coastal high hazard area if staff has gotten your input on those plans, and we haven't seen that happen. Is there some way that you could emphasize in your report that maybe your department ought to be part of some review in certain segments of our growth management area? MR. SUMMERS: Yes, sir, we would welcome that opportunity. I think we struggle on the Page 18 —Fel laryl, �07 emergency management side of the house as to really how much authority do we have in that and how much science do we have to impose some of those concerns. I will tell you that as you get into this report, I think one of the quotes is that along the coastal area the only quote -- the only reference was made is less is better. And I know the commission has asked me for, you know, some science on that. And let me just get that out on the open right now. The challenge that I have with you — and I am not in a position, and I don't think it would be safe nor appropriate for me to tell you how for you to make policy decisions on coastal density. I can only tell you -- that's your policy decision to make. And I can only tell you that yes, in that disaster -- in that hurricane environment, less is better. But I will also tell you that in this -- in the demographics of the coastal front here, I have a very highly mobile population. And in the hurricane scenario I have typically fairly significant warning and lead time. I know from experience that folks don't always leave at the same time. Most everybody, or a large percentage, will leave early. Some leave late. And while we have a very busy road network, the fact of the matter is we have a vast road network. So I'm only concerned about getting people out of harm's way. And once they're out of the immediate harm's way and they've got adequate time, you know, then they can ultimately find the destination. So I probably don't contribute very much to that discussion and that argument because in my emergency planning world I adjust to the situation as it is. And I feel like that we've built enough safeguards in timing, we've built enough safeguards in public education, public awareness, we've seen some behavior for voluntary precautionary early evacuation, which I think we will no doubt have proven that works and we'll continue to do that. So I'm in everybody's court in making the population safe. I just can't -- frankly, I just can't give you proof positive one way or the other on some of your density concerns. I respect your policy, but I can't give you science on either side. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer. COMMISSIONER CARON: Yeah, I'm a little confused by a comment you just made in saying that we have a vast road network. We have two evacuation roads, one of which is about to be -- you know, 75 is going to be under construction soon. Most of our east -west roads currently are under construction here. MR. SUMMERS: Understand. COMMISSIONER CARON: I don't understand the -- MR. SUMMERS: Good point. COMMISSIONER CARON: -- vast road network that -- MR. SUMMERS: When I -- COMMISSIONER CARON: -- we're talking about. MR. SUMMERS: When I say that, let me -- CHAIRMAN STRAIN: Dan, just so we know, we've got to be careful not to talk over one another. MR. SUMMERS: I'm sorry. CHAIRMAN STRAIN: The court reporter can only get one of us at a time. Go ahead, sir. MR. SUMMERS: Thank you. The point there being is that I can still clear that immediate coastal area fairly quickly, okay. I feel pretty comfortable that I can get folks off the first mile or two miles of the beach front. And that's where I always typically focus. I agree with you that I have some challenges in that ultimate destination, but my goal is to get folks Page 19 lba 1B� February 1, 2007 away from that immediate coastal risk first, as the winds approach or the storm surge begins to rise. So I have a continuum going on of moving people, moving people early enough. Your argument is valid about how much -- you know, when do I peak that capacity on those roadways. And again, my variable for addressing that potential peak or any bottlenecks is what we have done with the voluntary precautionary evacuation, which again, if it takes 20 percent away from here early before the formal evacuation period, then I'm putting less strain on the system. COMMISSIONER CARON: So you think you've got your backup times charted well enough and that you're going to get enough compliance? Because as every year goes by and especially for those who live in the coastal high hazard area, unfortunately as every year goes by and we only get wind events and we don't get storm surge events, I believe, what I have seen, and I live in the coastal high hazard area, is that every year more and more people choose to stay in that area. And it's because we've been really fortunate in not having a storrn surge event. But when that day comes, I'm just -- I'm concerned that people are actually following the directions that you seem to think are adequate. MR. SUMMERS: Ma'am, I agree with you on two fronts -- and let me share a little comment on that -- and that is that I do worry about a buildup of complacency, because they have been through what was ultimately a Category 1 or a Category 2 wind event only. So we have to work on that complacency in public education, public awareness about the value of storm surge. Again, folks feeling pretty comfortable because it's only been a wind event. A surge event will dramatically change that. The other part that I will tell you is that -- the other part of that equation, in my opinion, is what will happen when we start additional construction and when we start other additional work projects. Now, transportation folks are great about working with us in advance, making sure that all lane availability is open, barricades are in the right place and things are secure and that type of thing. But I do worry, and I don't have -- I'm looking for the state to really sit down with emergency management folks as we start some of the I -75 planning and talk about, you know, what are all of the options and all of the lane availability that has to be there during that hurricane season. And I'm not a road engineer by any stretch, but I know that maintaining capacity or being able to add capacity during construction is going to be a very difficult cost benefit discussion to have. So I do worry about that, and we'll have to look to our DOT folks to help us in that court. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. Back to the coastal high hazard. The concern for density in the coastal high hazard, is that due to damage or due to evacuation? MR. SUMMERS: I would place it at evacuation. The as long as -- I know that with adequate warning and lead time and a reasonable level of compliance, my only concern in that density again is primarily just getting folks out. The land use decisions are yours, and I'll respect those land use decisions. And if I run into areas that for whatever reason -- and again, these may be short term such as road construction -- then I try to address those. And part of the formula that I use to make that evacuation -- to make the voluntary evacuation recommendation, as well as the formal evacuation. COMMISSIONER SCHIFFER: But essentially the coastal high hazard area would be first notified. And they're the start of the evacuation process. So why is the time of evacuation important? MR. SUMMERS: The timing is there because I use that benchmark as what I still consider as most vulnerable. So it's just easier for me, because again, going back to the run from the water and hide from the wind, I want to spend -- I want the bulk of my resources and the efficiency of my message to be of those folks in the storm surge area that because of surge may be the most vulnerable. Not necessarily wind because it's newer construction, but maybe most vulnerable because of surge. So I typically start at the coast and work my efforts inland, again with all those different forecast variables. Page 20 161 1 B February 1, 2007 COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Dan, from what I'm hearing, it seems like you got a handle on getting people out of the county. But there's a bottleneck after the county that you're not responsible for, you can't control. Do you have any conversation with, say, Lee County, if they're going to evacuate, to try and stagger the times? MR. SUMMERS: Yes, sir, we do. And we do that through -- the State Emergency Management Office has, in addition to the conference calls we do with the Hurricane Center, we do regional conference calls where the local emergency managers are trying to sync up, if you will, kind of getting all the dominoes in the right direction. We do that. We also have State DOT and state emergency management folks on the line that are all working with us on capacity issues. So there is a parallel effort there. Not only is our shop doing the evacuation decisions and getting ready to protect our community, but we are very closely aligned with our partners in conference calls, talking about traffic scenarios, any particular bottlenecks or issues as we continue to kind of watch this flow take place. So the short answer, sir, yes, we do that. Are there areas for improvement? Yes. We think it's in the resources that are might be available under intelligent transportation networks. COMMISSIONER VIGLIOTTL• Moving people out of the coastal high hazard areas is a relatively short trip as compared to, as you say, a destination. Getting out of coastal high hazard, once they hit 75, that bottleneck from what I see is going to be the biggest problem for us to deal with. MR. SUMMERS: Sir, it will continue to be a challenge. And we do very well in terms of how we monitor, if we see issues. Our Sheriffs Department is just fantastic in monitoring that from the ground and in the air. Working those issues with DOT. And again, what we have not experienced but we want to be prepared for is that if we have to do a sudden detour for whatever reason, we have teams set up to take care of accidents so that they're cleared immediately as soon as humanly possible. Those type of things are done. Working with a region, if we -- to address where there might be exit points that may become necessary. So we're pretty good at it. I think what we need to do is be much better at it. And we'll count on this new infrastructure with the intrastate planning in the long term to help us with that. We are on top of it. We do react to it. We try to explain to the public that you're not going to have the liberty during the evacuation of getting on the interstate and expecting to run in normal conditions. But I'm quite satisfied, and I really sort of plan on that traffic on the interstate not doing any better than 35 or 40 miles per hour. Frustrating to the driver, but my clearance time is not based on our day -to -day normal interstate speed, it's based on something 30 to 40, just to help address some of the volume issues. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: And that is the day -to -day speed, I think. How about fuel, though? Because the biggest problem, especially cars going slow. I mean, is there stuff the state has set up to be fueling people? Especially fueling people without taking them off the highway and making them come back on. MR. SUMMERS: There are two schools of thought on that. The Senate Bill 7121 has -- one of the other parts of that legislation required certain fuel vendors within a proximity of an evacuation route to be required to have a generator to pump fuel. So that's being looked at. Page 21 Uruliry 1, 2 7 i The state has done a real good job in networking, much better since the last couple of hurricanes, with the Florida's fuel. I believe they call it Fuel Jobbers Association, the bulk fuel distribution people. There is a full -time fuel management coordinator now that's part of the emergency operations staff in the state to keep that stuff moving. The state continues to address its road ranger program. And you know the road ranger does carry a little bit of emergency fuel from time to time. They are revisiting all of that refueling program with DOT, trying to determine how much additional fuel can they carry in one of those pickup trucks, or do they have some way of bringing contract or road ranger type people in to the rest area in the event that they exhaust fuel at slow speeds and get stuck on the interstate. So the state has accepted that responsibility for additional fueling. What we will do in the emergency operations center, if there is someone that does get stranded on the highway, is not able to get fuel and they are a fragile -- you know, a person with special needs or oxygen dependent or something like that, we've made provisions where we would go and send a vehicle to bring those folks in, if they somewhat got -- if they were frail and got stranded on the interstate. We can address that on a case -by -case. CHAIRMAN STRAIN: Okay, Pages 4 and 5? COMMISSIONER SCHIFFER: I have a "4" question. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Apartment units and multi - family units. Do you know what the difference between those are? MR. SUMMERS: Sir, I'll have to check with the researcher on that. I do not know. I'm not familiar with the definition on those two. COMMISSIONER SCHIFFER: And the thing that surprised me is that essentially we have -- you know, add those two together, we almost have that amount in trailers, so we have a lot of population living in trailers in Collier County. MR. SUMMERS: We do. And we are very -- in fact, always our very first evacuation message deals with the mobile home community. We know that those folks may need a little additional time to get ready to make transportation. Any of our persons with special needs in that first phase of the evacuation, we sort of sort their name out by mobile home, and that's actually the population that we address first. If they're a person with special needs and they're a mobile home, they rise quickly to the list of those we're going to check on first. CHAIRMAN STRAIN: Pages 6 and 7? (No response.) CHAIRMAN STRAIN: Pages 8 and 9. Dan, I noticed that in 9 they're talking about no hurricane has not made landfall in recent history. What happened with Wilma? I mean, I notice this entire report seems to forget Wilma existed. It's not added anywhere. MR. SUMMERS: I think -- I have to check. I know they knew differently. And I think they were referring to the Baker study that was dated pre -2001. CHAIRMAN STRAIN: So none of the -- you believe any of the information from Wilma was incorporated into this report? MR. SUMMERS: Sir, it was not available because there was not -- because of all the multiple storms, FEMA did not -- we were not in a cycle to do behavior analysis during that period. So that does need to reference pre -Wilma in terms of the behavioral study. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: What was the actual effect of Wilma on the county? Not Page 22 Ib1611260 1 damage -wise, but what were the winds and what were the speeds that really were recorded in Collier? What was the category of Wilma? MR. SUMMERS: The official is not out. We're putting it at a Category 3 event because we did monitor I believe a sustained gust more than 30 seconds at I believe over 112. So I believe that will put us in the high two, low three. It's not unusual for the Hurricane Center to take a year or two to actually kind of put their stamp on what the final category was. But I would put us at the high two, low three. COMMISSIONER SCHIFFER: Where was that, though? Wasn't that in pretty much southern Collier? In other words, the urban area -- MR. SUMMERS: That is correct. COMMISSIONER SCHIFFER: -- didn't have that kind of -- right. MR. SUMMERS: Somewhat humorous, if I can just share it with you. I know that 112 miles per hour gust was when the wind instrumentation on this building blew off. So -- and I was there for that and I can tell you how far it went across the parking lot. So when we saw that failure, that's a pretty good indication, and that's what the last recorded speed was here. COMMISSIONER SCHIFFER: Well, this is the urban area. So you're saying that you could say that the urban area of Collier had a Category 3 storm on it? MR. SUMMERS: That's correct. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Pages 11 and 12? (No response.) CHAIRMAN STRAIN: 13,14? Dan, on 14 you talk about, in the third paragraph, it says the update also reports that public shelters can only accommodate 6.6 percent of the evacuees in October. Yet I notice in your hypothetical your evacuation rates to shelters were generally above -- were all about 10 percent. MR. SUMMERS: That's correct. CHAIRMAN STRAIN: And are we relying only then on the school system for shelters? MR. SUMMERS: No, and that's where I think there needs some good question there and some clarity that's going on. I don't think in that report they really properly addressed shelter in terms of general population, shelter hotel /motel or private shelter or other refuge. So that breakout is not very clear there. But we're doing pretty well in terms of that general overall capacity, based on history. We continue to find areas to do that. We also -- it's real important for you all to know that when we do these planning figures for shelters and those type of things, we use a very large formula. We may use 45 to 50 square foot per individual just to lay on the footprint when we all know that typically folks use -- consume in that shelter environment less space than that. But there are other demands on hallways and restrooms and those types of things. So we always have room -- we always -- even in our shelter capacity we have room, other than what we put in the plan, maybe as much as 10 or 15 percent. But again, we just do that to keep folks a little more comfortable. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: Yeah, I only noticed in all the maps and all the diagrams and all the pictures that there's no -- a new I -75 interchange isn't there. And I would guess that would have a dramatic effect on everything. And I'm -- MR. SUMMERS: And it will. And again, this goes back to our time period. They asked me about putting that interchange in there. We elected not to put that as part of the Page 23 161 181 February 1, 2007 study. But without a doubt, anything probably that we have on the drawing board over the next three years will go to that state study and be figured as part of that modeling. We just -- with the resources that I had available, we did not put that interchange in there because we didn't have the resources to model potential count. CHAIRMAN STRAIN: Okay, Page 15? Dan, I've got a question about your roadway capacity assumptions. MR. SUMMERS: Yes, sir. CHAIRMAN STRAIN: I think anybody would acknowledge, and it's know that I -75 is not operating at its adopted level of service, which is at C. I think it's at F. hnmokalee Road has failed, based on the last review we had, which was Summit Lakes project. Quite a few of the roads that we use as hurricane evacuation roads are operating well below their adopted level of service. That brings me to a section of Florida statutes which I have to ask you about for the record. It's Chapter 163.3180(6) and talks about diminimous impacts on the roadway system. And it says in the middle of the paragraph -- and this was modified in the last legislature -- further no impact will be diminimous if it would exceed the adopted level of service standard of any affected designated hurricane evacuation route. Now, we approve projects constantly in this county that are not only diminimous but well beyond that. And they're all going to be using the evacuation routes that we now know and we have known are failed. How can we do that and be consistent with Florida statute? MR. SUMMERS: Sir, regrettably I don't have an answer for you in either direction. I would tell you that I know that the emergency management community works hard to put the signs that they have with the resources they have available. But all we can continue to do is ask folks in the DOT planning environment to continue to consult with emergency management folks. I do know that in a lot of cases the traffic engineering folks look at a couple of scenarios in terms of, you know, what is the actual risk, what may be the ultimate capacity. But in terms of what emergency management brings to the table in defending that argument or maintaining that standard, we can only continue to provide recommendations. And we do that to the very best of our ability, but we do not have the resources, nor do we necessarily have the traffic design expertise to carry a lot of that for or against our DOT planning partners. CHAIRMAN STRAIN: And I've asked that question at many Planning Commission meetings of many departments, and the answer I've got was like the one you just provided, which is not an answer. I understand that's the best you can provide, and I appreciate your -- MR. SUMMERS: Well, it is. And make no mistake, we do take that planning and that concerning seriously. The challenge we run into, just as human beings, if we have three busy years in a row, that's one thing. Do we expect that over the next 20 years we may not need that roadway segment once. So I think a lot of that cost benefit and risk analysis has to be taken into account. However, I would love nothing better than to have those traffic movement resource availability. It would help us all sleep better. I do know, and again, part of that decision process, you can have some comfort is that I will evaluate what resource capability is there. And again, all I can do is increase watch or warning or evacuation time because of these roadway segments that may be in stress. CHAIRMAN STRAIN: See, if we find -- if you in your evaluation determine that today we have sufficient capacity, even though it may not be consistent with statute or whatever to get out of I -75, the hook that we need you to apply that brings you into the realm of zoning is that it may be -- today 1 -75 is static, it's two lanes. It's going to be two lanes for God knows how many more years. That means anything we can do to increase the capacity won't help us in getting more traffic through I -75. I -75 is going to stay Page 24 161 1 B� February 1, 2007 the same. But your input would be vital in knowing if that increase in capacity is going to change your recommendations on roads like I -75 that are failed and that can only take a capacity that you may feel today is okay but with 10,000 more units coming on line next year may not be okay. MR. SUMMERS: Understand. And I think what we have -- where we are at this point, Mr. Chairman, is to tell you that the planning tools that the emergency management community has had prior to today's technology have been rudimentary at best to give you count, or predicted count. I think what we'll see and what I hope we'll see out of this new state study back down to this local level is that I will have some better input for you as you get into these scenarios in the future. And to be honest with you, because we do this on such rare occasions, normally with hurricanes, it's very hard for us to give you a lot of -- we can only give you some hypothetrcals. I hope that when the state kicks into this study this next year that those hypotheticals are really good, good numbers for you to work with. CHAIRMAN STRAIN: Move on to Page -- Mr. Schiffer? COMMISSIONER SCHIFFER: Just a comment. But Mark, wouldn't the local traffic be so much different than the evacuation? I mean, it may be worse, I mean, people scurrying all over. But to me the day -to -day local traffic, it's hard to use that data as to what's going to be needed in an evacuation. MR. SUMMERS: What does occur in these models is there are some factors -- and again, I'm a little outside of my engineering expertise here, but there are formulas in those models that as traffic goes to the interstate, a background traffic formula is taken into account. And that's where we are in the neighborhood, and we do run to the store and grab some ice and we do go back to the house or we're refueling, so there is a background component in that modeling that does become part of the big picture. CHAIRMAN STRAIN: Okay. That was Page 15. Page 16? (No response.) CHAIRMAN STRAIN: Page 17? (No response.) CHAIRMAN STRAIN: Page 18,19,20,21? Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. You mentioned on this contraflow that it takes about 30 hours to implement that from the governor's site to do it. What transpires there? What requires the 30 hours to make a contraflow? MR. SUMMERS: Sir, there's discussion that a number of things have to take place. Primarily it's getting manpower and traffic diversion equipment in there. It may be checking -- it may be changing barricades for the crossovers, it may be some -- a lot of temporary emergency signage. Typically there is a requirement to put manpower at each overpass. Again, not too many on the alley here, but to address that. Because lanes have to be closed. There is also some discussion of pre - positioning fire and emergency medical services, because again you would have one way to the accident scene and only one way to depart. So an accident midway, if we were counter flowing to the east coast, might require fire and ambulance resources to go all the way to the crossover in Broward County in order to complete a mission. So lots of issues, primarily equipment, manpower in place to make that happen. And also, the time to clear that road in the opposite direction so that maintaining basically visual surveillance, that the contraflow lane is clear. COMMISSIONER KOLFLAT: But it would seem to me that I recognize the planning would take Page 25 Wry 1�, U a lot of time and possibly some of the early mobilization, but it would seem to me that implementation could be shorter than 30 -- MR. SUMMERS: Sir, I think in reality it can happen that way. I think the goal there, however, is that we have made it very clear at the local government level that we are not going to commit our local government resources in that pre - disaster event that are already strained in preparation for the storm to manage traffic control. So DOT and highway patrol resources have to be deployed from well outside the community to come in here and augment. I'm not willing to give up fire and EMS resources to man or staff that contraflow when in fact I need them to protect me in pre - landfall, landfall and recovery. So a lot of that time is bringing outside mutual assistance. COMMISSIONER KOLFLAT: It seems to me there's an area for improvement there, but -- MR. SUMMERS: And I do think the state has run some simulation drills. I fully expect them to do more of that, find ways to make that more efficient. I know that the marking of the pavement has been one effort. I'm sure that they're building -- over the years they're building equipment and stockpile, such as variable message signs, those types of things, reversing -- or designing reversible signs so that if you're on the contraflow lane you don't have to look behind you for an information sign. So a lot of those things are capital equipment that are probably going to take time to get in place in future planning. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Okay, I think we left off -- oh, take a pause for just a moment. Cherie', we probably got a half an hour before we can wrap this meeting up. Do you want to break or do you want to go the half hour? THE COURT REPORTER: Let's just keep going. Thank you. CHAIRMAN STRAIN: Go the half hour? Okay. Page 21? (No response.) CHAIRMAN STRAIN: Page 22? Dan, under your tactical recommendations on Page 22 -- MR. SUMMERS: Yes, sir. CHAIRMAN STRAIN: -- third bullet from the bottom. One of them is to construct 12 -foot inside and outside paved northbound shoulders on I -75. But on Page 41, it says shoulder use plan shall be discouraged due to concerns about reaching disables vehicles or the inability to move disabled vehicles out of the traveled way. Is that a contradiction? MR. SUMMERS: Sir, would you give me that reference on Page 41? CHAIRMAN STRAIN: Number six on Page 41. Top of the page. Seems in the recommendation they're suggesting shoulder use plans for the travel lanes, but yet on Page 41 they're saying it should be discouraged. MR. SUMMERS: Sir, it does appear to be a contradiction. I think the thought process there was that not only should a hardened pull -off shoulder be made available or designed as a potential traffic lane, but if you do that you still need to extend what I would call a soft shoulder beyond that for access. So you may -- it may appear that you have "X" number -- you may have four lanes across. It may be marked as only three, but that fourth lane that appears to be a shoulder outside the white line can in fact become a lane. Then there's an additional shoulder for part of that rescue discussion. So I do think that's unclear. CHAIRMAN STRAIN: Page 23? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Mr. Schiffer? Page 26 Fl&a� JA" COMMISSIONER SCHIFFER: Dan, in the last sentence you say, with strong enforcement measures and penalties to ensure timely early mandatory evacuation. What do you have in mind there? MR. SUMMERS: I think I think that's the consultant's opinion about how to enforce evacuation and evacuation compliance. There is -- I will tell you that I don't know the penalty discussion's probably a poor choice of words. The fact of the matter is that in those areas of extremely high vulnerability. And this is where I talked about going door to door, it is a reminder for folks in that door -to -door notification, if it becomes necessary, not an efficient use or resource, but if we have to do that to remind folks that look, you may be without water, you may be without power, you may be without sewer. If you have to venture outside, in fact you're part of the curfew -- you may be in violation of the curfew. It may very well be that there's some other endangerment there to children or to an elderly or those types of things. So I think penalty is not a good choice, but just making sure that we're adamant that we do everything that we can to explain and to clearly delineate that you are in harm's way. And there is a point where we are not going to jeopardize the life of a rescuer to come back in that particular environment. So we try to make that as strong a message as we can. CHAIRMAN STRAIN: On Page 23, Dan, in your land use recommendations, which probably are more relevant to us than a lot of it, you talk about the high risk coastal areas and that additional issues need to be done to have better impact on clearance time. And it says, the options could include in -place sheltering requirements. Now, that puzzled me, because this county has I thought long ago not wanted shelters in coastal high hazard areas so they would not encourage people to stay within those areas. This seems to contradict that. Is that -- MR. SUMMERS: Sir, it's a very good question. I think really the point of that discussion has to deal -- and we have this discussion frequently in our trade -- in light of our experience, are there scenarios where under Category 1, Category 2 maybe even borderline Category 3 that if we run into a capacity problem or a fast - breaking event, it might be better to do some temporary in -place shelter, not for a surge event but only for a wind event, where you might shelter in place in new construction between the second and the fourth floor. And that is just coming to some point of an assembly, more like a tomadic type posture as one component of that. But it's only -- our profession and our trade has not put a -- has not yet completed enough experience or engineering to take a high -rise building or even a mid -rise building and reevaluate what might be done as congregate areas for temporary shelter or refuge. So it's still on the drawing board for us. I don't know of any community that's made that mandate. But what we do want folks to do, again, kind of changing from hurricane to tornado. But just think that if you have to take temporary refuge, you come to the central core of the building and take temporary shelter. So we're having those discussions in terms of our trade or our industry. I really don't want you in that particular facility, but if I -- for whatever reason, if I have a problem I'd like to have an alternate. And that alternate might be taking some temporary refuge in the core of new construction. And that's part of what that thought process is supposed to cover. CHAIRMAN STRAIN: Maybe I can save your department some time. With the exception probably of Keewaydin Island, if that's not going to be zoned for high- rises, you don't have any un- zoned, un- PUD'd, un- permitted property that I can think of in the coastal high hazard area that isn't already built or platted to be built with high -rises. And it already is there. And some of them aren't built, but they're already on the books for legitimate PUDs. I don't know how you'd insert yourself in -- MR. SUMMERS: I don't think we could insert ourselves retroactively, but I do know that I think our building industry, our trade and what FEMA's doing is that we're still -- we're doing all the right things Page 27 16 1 Br February 1, 2007 with the wind load design that we're doing right now. What we have a difficulty in the emergency management world is doing overall building performance. And are there retrofit things that can change building performance? They are very, very expensive, very difficult for local government to make happen. But we do know that in some scenarios, less surge that some temporary tomadic type posture sheltering still remains a resource. CHAIRMAN STRAIN: Okay, 24, 25? COMMISSIONER SCHIFFER: 24. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Dan, how good is our data on what the surge would be? And, you know, the concern I really have is that, for example, if water does come over say the Pine Ridge, isn't the drainage of that going to be the biggest problem? Like when we see these tidal wave pictures out of India and we see a street with buses and people flowing through it, that's really the water going back is more of a problem maybe than the water coming over. MR. SUMMERS: Right. COMMISSIONER SCHIFFER: But first of all, the first question is, how good is our data? And does it really reach that far that you would have storm surges from a Category 5 into those red areas? I mean, that's just so much area. And what kind of volume of water would ever get to there? MR. SUMMERS: Sir, your question is a good one. Let me tell you what we know about the accuracies and some of the challenges that we have with storm surge modeling. The bulk of the modeling that's done is done based on our basin. Basically based from the shoreline out to the Gulf and the typographical research -- you know, how our basin lays within the Gulf. So what that really is, is taking, if you will, 1960 vintage U.S. geological survey maps, those current topos, and the model, the computer model that's done based on the volume of water over the basin and hence the overlay. Now, good news/bad news. Good news is that's a pretty good planning tool for me to use. The actual scenario is that this model doesn't take into account over land impediments to the water, doesn't take on -- doesn't really address existing canals or drainage or stormwater management system. So those volume calculations are very, very weak. Nor does it really address the scouring or the outflow when that occurs. The good news for us is that I think that when we continue -- we can use the canals to our benefit that we monitor that scouring again, depending on how that water comes in and how that water leaves. So there is some value there in our canal and stormwater management system. Does the model have -- will it have some inaccuracies with a real event? Absolutely. But if I have a planning threshold that says I know that from any point in Collier County within this event I can expect 18 inches more -- 18 inches or more of water over land, then for me that's enough planning base for me to address as an emergency manager. We do know that the technology and the computer horsepower is getting better. Florida State University is looking right now at some what they're called simulated real -time storm surge modeling. The only problem with real -time modeling is that if I get it real -time and it's bad, I can't react fast enough to protect the public. So real -time is — real -time for me has to be 24 hours ahead of time, not an hour before landfall. So it does have some challenges in it. I'll probably continue to use this as part of our planning tool. We'll see what happens as the technology improves. And part of this, again, this evacuation study will also be some remapping of the basin here with some newer technology. CHAIRMAN STRAIN: Ms. Caron? 16! 1Bi February 1, 2007 COMMISSIONER SCHIFFER: Let me finish, Mark? CHAIRMAN STRAIN: I'm sorry, I didn't know you weren't done, Brad. COMMISSIONER SCHIFFER: And the reason I think that's important is that, you know, obviously you're planning and you're staging an evacuation. How micro do you have it? In other words, there may be areas, if you look at elevation areas of the county, they're not matching this kind of a map. They're not even matching the evacuation maps. So wouldn't it be wise if we really know almost, like you said, zip code as to who should be evacuating to allow the people to evacuate in a proper order? MR. SUMMERS: Sir, I would like nothing better than to have that. And again, it's just, to be honest with you, at the local level it's just the price tag of providing that has to come from some type of federal state type resource capability. We just don't have the horsepower, even the manpower or the computer horsepower to generate these models. We have to typically rely on NOAA. And several of their divisions work together at the county level to run each one of these models. COMMISSIONER SCHIFFER: We're doing a water shed plan now. Couldn't that be a module of that? MR. SUMMERS: The module that would be most helpful would be what happens -- again, back to the typographical data, the infrastructure with storm water and those type of things. When the state kicks that off and they do that, one of their primary missions is to collect existing local data just for those kind of resources and to put that in there. So I feel certain that they'll easily address that with new infrastructure. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Okay, Ms. Caron? COMMISSIONER CARON: Yeah, I think perhaps there needs to be both a change in terminology and thinking, because at this point in time it's no longer 18 inches over land, it's 18 inches over impervious surfaces. And that's got to change the way we think and the way we calculate. MR. SUMMERS: And very, very good point. I couldn't agree with you more. And I think without a doubt when the land use folks or these land engineers get together and work on that, again, impervious surface is not really addressed well in our model. CHAIRMAN STRAIN: Okay, there's -- Mr. Kolflat? COMMISSIONER KOLFLAT: Yes, you stress the importance of surge, run from the surge and hide from the wind as being a very critical factor. Yet when we get warnings over the TV and so forth of what the status is, it's always reciting the wind conditions. It doesn't ever state the surge conditions, to my recollection. Or at least it's not emphasized as much as the wind. Is anything being done to emphasize that to the public when we're aware of these coming on? MR. SUMMERS: Sir, we work very hard on that. And that's actually every advisory from the National Hurricane Center has not only wind speed, but it also addresses potential storm surge inundation, and that comes from the Hurricane Center. And unfortunately the local media doesn't pick up on the potential of storm surge very well, because it's not a visual image at the time. So we have a hard time trying to explain through the media what the potential storm surge is. And we also get a -- sometimes we get significant storm surge estimates between forecasts, so that also makes it a little bit challenging. But we are sensitive to that, we put it in our news releases, but it's one of those things that just doesn't get a lot of attention, because everybody can see the wind, they -- it's the visual for the news report. And we work hard at it. But sometimes storm surge is hard to sell in terms of making people aware. COMMISSIONER KOLFLAT: Well, since Russell is having dinner with the editor of Scripps, our news media, maybe he can stress that point to him tonight. CHAIRMAN STRAIN: Ms. Caron? Page 29 16'1 1al February 1, 2007 COMMISSIONER CARON: Yeah, I just want to follow up on that a little bit. I think one of the major issues and problems that we have here in Collier County is we do not have any local television station and any local radio station. We -- all of our media essentially comes out of Fort Myers. And you can tell when watching and listening that that is the case, because the focus is always there. I bring this up not only to follow through with what Mr. Kolflat was talking about, but also to ask about where we stand on getting a Collier County radio station. I think this is probably one of the most critical things that we need in this county. And partly because if you are evacuating people from the coastal high hazard area, they can't be watching you on Collier County television or on any television. They're in their cars. And they need radio. And we've had serious issues in getting information out because, I mean, using what -- the resources we have now are woefully inadequate to get us continuing information for local residents. Where do we sit? I mean, I know that people have been looking at trying to find a signal here. And I don't know where that stands right now. MR. SUMMERS: Very good question. Let me comment on that. We from the emergency management perspective would much rather partner with our existing resource. And we've had a resource out there all along and have had a difficult time marketing that resource. It's been in the state emergency plan for years, and we've worked very, very hard to resurrect it, it's just hard to get the press on it. WGCU -FM, which is our national public radio here, if you'll notice, and there -- it doesn't show up in any of your pictures of the hurricane evacuation signs, but on the interstate where you have a hurricane evacuation sign, it's got 90.1 FM. Well, if you'll remember during Hurricane Charley, that was the period in which the tower on Tower Road collapsed, which had WGCU's most powerful FM signal. I would have never bet as an emergency manager in a million years we'd had a tower collapse and a hurricane in the same season and not been able to get an MF station out. But WGCU -FM, with its dual transmitters now, an enormous amount of power coming out of its FM station now on Tower Road now. We have run into some generator snags. That generator will be corrected by July or August of this year. So W GCU -FM is the Collier County southwest Florida's emergency FM radio station. We continue to promote that to the best of our ability. I am in the process of completing some additional emergency communication links from the EOC to the broadcast house at Gulf Coast University where WGCU -FM resides. And they have that dual transmitter. One of the things that I want to do in addition to the new hurricane evacuation signage is put that FM call signal on every one of those signs. And we only have it in a few locations, and it's not even illustrated in this report. So I am going to ask the board this year for some additional funding for the signs and again do some additional roll -out with WGCU -FM. But if we can get the public steered to that -- it is our emergency broadcast system station. If you remember EAS or EBS, WGCU -FM 90.1 is our primary station. But we have not done a good job of marketing that as the point to go for additional information. And we think they've got significant -- much more powerful FM capability now with a new tower and new generator, redundancy at Fort Myers, that's the way to go. And that is the state plan and what we're supposed to be using. We just have got to get that word out. COMMISSIONER CARON: I have another question. Whose responsibility is it then to correct the signal problems that they're having even today? And will they be corrected in time for hurricane season? MR. SUMMERS: I am not aware of any particular signal problems that they're having today. I Page 30 161 M February 1, 2007 know we test it frequently. We listen to them through the EAS broadcast. If there's some new issue coming up, I'm not aware and I'd be happy to be -- if you could share that with me. COMMISSIONER CARON: Two weeks ago, I mean, they were announcing on their station, I'm sorry we've been having these problems. So, I mean, that signal unfortunately has never been consistent as it should be. And my question is just whose responsibility is to make sure that it is? If we're going to use that as our emergency system, then somebody needs to be accountable to make sure that that system is brought up to -- MR. SUMMERS: We typically have been coordinating with Dean Kathleen Davey at Gulf Coast University, and WGCU -FM is under her purview there. And although I've not spoken with her technical folks in a couple of weeks, I'll be glad to check and see if there's anything there. But I do know they're making good progress on some additional fine tuning at their Tower Road site, as well as connectivity for a standby generator. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: You point out the danger of not being redundant. Isn't there any other stations? For example, in the morning I listen to 98.9. That obviously appears to be a local conversation. I mean, do you have multiple stations, or can you take over all the stations? MR. SUMMERS: We cannot take over any of those stations. We have great working relationships with all the broadcasters here, but their participation in that emergency response scenario is up to them. And they can make that decision, do they want to pay overtime for additional on -air personalities. Or unfortunately the radio environment is so competitive right now that while you may have a live disk jockey or a newscast throughout the day, probably 98 percent of the radio stations in the country go to computer and syndicated programming after 5:00, and computer handles the commercials and the air play and that type of thing. So it's up to the local broadcaster to make that determination. While the FCC charters them and licenses them to do broadcast in the public good, I have no authority to go in there and order them to maintain live event coverage. COMMISSIONER SCHIFFER: Thanks. MR. SUMMERS: I might add, also, please, Commissioners, the other thing that is so very important is NOAA weather radio. The tone alert radio device. I do have 24 by seven access, and can key that radio -- wake up that radio for an emergency broadcast. We do it through the National Weather Service in Miami. There are provisions now under homeland security issues that I can in fact have that radio wake up for a local emergency message, if necessary. So while the general public needs to continue FM, our real lifeline in this other design is the tone alert radio, which can be done not only for weather but for other events in the community as well. CHAIRMAN STRAIN: Okay, there's three pages left to the end of this booklet before the appendix. Does anybody have any remaining questions? COMMISSIONER SCHIFFER: On the -- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: -- well, a question in general. When you evacuate by vehicle, when do you stop that? For example, I mean, the worst thing would be is to have a bunch of vehicles on the road. I mean, if you think you're going to leave vehicles on the road, you maybe should add to the sign, you know, point car into wind, you know. But, I mean, what does happen at the end of the evacuation? MR. SUMMERS: At the end of the evacuation what you hope -- what we particularly trend, again, going back to the sustained storm force winds. We get a pulse of what's going on on the interstate and on the highways and the traffic. We get that sort of field intelligence from police, fire and EMS. We hear Page 31 161 1Bi February 1, 2007 those kind of reports. Again, we'll sort of put -- we put a message out that says now is the time for you to be in a safe location, okay? Now, we all know that there are sightseers and bystanders out there that will take undo risk. But we do, when we get to that point where weather conditions are reducing or eliminating our emergency response, that is also the very last point where we tell everybody it's time for you to take refuge and not be outdoors. COMMISSIONER SCHIFFER: So all this planning, there will be no cars on 75 when the storm comes through? MR. SUMMERS: Sir, I can't -- I don't have that control. I will do my best to make general recommendations. Our law enforcement community and our public safety community will do the very best they can to help keep people safe. Those folks that are making bad decisions accidentally or on purpose, we do the very best that we can. COMMISSIONER SCHIFFER: The other question is evacuation's really only half of the problem. What kind of management do you have for return or -- and, you know, just once the hurricane leaves, you know, problems are different. MR. SUMMERS: Absolutely. Absolutely. The reentry programs are up to the specific jurisdictions. In Collier County, the Sheriffs Office does have his reentry plan. City of Marco has their own control through law enforcement, and the City of Naples will do that. We will support them with again back to transportation technology, variable message signs, bringing in additional law enforcement personnel to set up traffic control points. Could be barricades, could be a point to come in and validate your residency, to be there to mark off particular lanes. Utilization of any vehicular sticker or tag is up to the law enforcement agency of that particular area. So again, we will support them, but again local officials will make that determination based on immediate assessments after the storm and gauge that reentry accordingly. COMMISSIONER SCHIFFER: Because I think one of the reluctance to leave is the fact that people don't trust the reentry program. So you should be involved in that, shouldn't you? MR. SUMMERS: Oh, we are. And I don't think it's as big of issue -- I think Collier County has managed it very, very well over the last couple of years. There are surrounding communities that did not manage their reentry very well or even allow residents to come in and make mitigation steps or to make emergency protective actions immediately after the landfall. That's not been the case here. If we had a reasonable level of safety and no excessive risk necessarily in a particular neighborhood -- I don't know that anybody has been barred from daytime inspection or daytime emergency -- you know, coming in, putting in tarps or protecting their goods, those type of things. It's gone very well. I've worked that scenario many, many times. And while you want to pay attention bystanders and non - eligible contractors and those type of things, you want to be on guard. Generally the public, if you provide a reasonable level of support to them to get in to make emergency repairs, protect their property, even if it's during daylight hours, are normally generally compliant. CHAIRMAN STRAIN: Mr. Murray, then Mr. Vigliotti. COMMISSIONER MURRAY: The hurricane flood level, those North Caroline signs, they appeal to me. Do you favor those? MR. SUMMERS: Sir, I was -- thank you. I'm going to boast on that one a little bit. That's one of my efforts from back home, so I'll just stick that in there. But let me tell you the value of that. We did this at Wrightsville Beach, North Carolina. We Page 32 � Fe 6a�iy 1,100 pp actually went to beach access points and road signs and did a survey to explain to folks that if we had a seven to a 10 -foot storm surge, this is where it is on the sign. This is engineering data to tell you what you can expect. Now, I'll tell you, I've been a little sensitive about bringing that to Collier County. But I put it in here because it does two things. Besides, it makes public aware of what's going on with storm surge. This is actually a public education effort that we can receive points from in our community rating system. So it can be prettier than this. But it does in fact tell you what storm surge recommendations can be, and it is one more -- it is one more sign, but it is one more great technique to illustrate to the public the value and the concern with storm surge. COMMISSIONER MURRAY: I wouldn't think you'd need to make it any prettier. It tells the story really well, I thought. MR. SUMMERS: Thank you. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Just for curiosity, why are you concerned about bringing to Collier County that sign? MR. SUMMERS: Well, being new to the area for one, and learning land code and land use issues, secondly. And I think the other point is I haven't really -- we use sea grant funding to do this in coastal North Carolina, so it's finding a funding source, finding the correct engineering survey point to put this. So we'd be happy to investigate that more in the future, maybe bring up a straw man paper out for conception for you to have a discussion. COMMISSIONER VIGLIOTTI: Just one other thing. This is a very detailed report. You have a lot of conservative figures built in it such as the population, and I think it covers all basis. My only concern is, from the way I'm seeing it, if I'm wrong, tell me, getting the people -- getting our people out of Collier County out of the smaller roads onto 75 is not such a problem. My concern is getting them to a destination which you really have no control over. MR. SUMMERS: That's correct. COMMISSIONER VIGLIOTTI: Once they're on 75, it's out of your control. MR. SUMMERS: Sir, that is correct. And the general public, based on our behavior analysis and experience, wants that flexibility. Nor do I have the resources or the authority to tell everyone to go to Orlando. That's not fair for that community as a destination. I can only list options. And we're a little bit challenged here because of our location on the peninsula and that Miami -Dade may in fact say okay, well, it's time to come over here and Collier County becomes a host. Well, I can host shelter, and the Governor can host sheltering from one side of the coast to the other. If we have to go due east, then the Governor will direct Miami -Dade emergency management to assist Collier County with host sheltering. But once you get beyond those particular areas, I don't have the authority to -- or it would take governor's authority to say as a destination everyone in Collier County go to Orlando. We can only list options, unless the Governor makes a destination determination, which is by virtue of him designating a community as a host community. And for the east coast -- I'm song, for the west coast, we can manage that. I suspect that in the east coast of Florida those -- that conversation is going to have to go -- that planning's going to have to go to a higher level. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Dan, thank you very much for your time this morning. I think that wraps up your book. Page 33 1b 1B i February 1, 2007 MR. SUMMERS: Very good. Thank you for your comments and your input. We look forward to staying in the right direction. Thank you. CHAIRMAN STRAIN: Thank you, sir. And Cherie', I'm going to be a little late in my commitment to you by 10:30. Because we have a new business item. Mr. Adelstein? You want to take a break now? COMMISSIONER ADELSTEIN: You can if you want to. Go ahead. CHAIRMAN STRAIN: Okay, we'll take a 10- minute break then. (Recess.) Item #IOA NEW BUSINESS CHAIRMAN STRAIN: Okay, we've allowed some time for Mr. Adelstein to accomplish something, and I guess we're about to hear what that is. Mr. Adelstein? COMMISSIONER ADELSTEIN: Most governments in almost all the courts have changed their swearing in documents. Not the one that we use here, but the one that says that do you swear or affirm to tell the truth, the whole truth, nothing but the truth, so help you. And they don't end up with the word God either. Why? Because in many cases the courts have been required to leave God out of it. And this has been done not because I think it's right, but it is the think that is being done. And in that respect, I would hope that we would at least get the idea that there is a double way to do this. You can do it as you've been doing it or you can do it as most courts do it, by stating that they can swear or affirm and get it in there, too. Now, that was the whole issue. And I've been at these meetings for six years, my sixth year, and I've thought about it for a long time, but as long as everybody was doing it this way, let it happen. Well, I went to a trial not too long ago, two weeks ago, and it was affirm again. And where one of the judges started it, she said oh, I'm sorry, and then went back into the one that I have discussed, that -- because he wasn't from Florida. And this was the situation that I said okay, let's bring it out. Whether you use it or not, or whether we do or not, at least I want the public, us to know that there is two ways of doing it. There are other ways that these people have a right to say to you that this is what they want to do, to swear or affirm, or do we want to do it like most trial courts do now and only use that particular one. That's all there was to this. CHAIRMAN STRAIN: Okay. Do you have a personal preference? COMMISSIONER ADELSTEIN: My personal preference is I like what we do now. But the real preference is, is what is been going into. Something that's not new now. CHAIRMAN STRAIN: I understand. COMMISSIONER ADELSTEIN: But this is basically what we should do, yes. CHAIRMAN STRAIN: I understand. But you don't care one way or the other. COMMISSIONER ADELSTEIN: I'm not going to change -- I'm not going to shoot myself. CHAIRMAN STRAIN: Okay, does anybody on this panel care one way or the other what the court reporters do for swearing in? COMMISSIONER VIGLIOTTI: I would like to keep it the way it is. use? CHAIRMAN STRAIN: Okay, Mr. Kolflat? COMMISSIONER KOLFLAT: Well, I'm curious, what does the Board of County Commissioners CHAIRMAN STRAIN: I don't know, but I think that if we have an option -- if they're using Page 34 161 1B� February 1, 2007 something that's legal, I'm just wondering, and it's binding, what do we care? COMMISSIONER KOLFLAT: Well, we're an advisory board that's appointed by them, and it seems to me it might be well to be consistent with what they are doing. CHAIRMAN STRAIN: They haven't raised the issue. COMMISSIONER KOLFLAT: Well, I'm just curious what they are doing, though. CHAIRMAN STRAIN: I don't know. I think the court reporters swear in for the Board of County Commissioners. So whatever she's doing, she probably does the same, or they all do the same for all the boards that they have. COMMISSIONER VIGLIOTTI: Yeah, but there's an inconsistency with that. You can't compare us to the BCC. The BCC starts in prayer, we voted not to. So one does not tie necessarily into the other. We get to choose what we want to do. CHAIRMAN STRAIN: Okay. But the point is that there's nobody on this board has a big heartache over the way the court reporter swears people in, so let's just let them do what they want to do and what they're most comfortable with. Does anybody have a problem with that? COMMISSIONER SCHIFFER: I never noticed it. CHAIRMAN STRAIN: Me neither. COMMISSIONER MURRAY: I support the idea of leaving it alone. CHAIRMAN STRAIN: Okay, fine. Then I don't think we need a motion, because we're not going to do anything. COMMISSIONER ADELSTEIN: Okay. No, and the answer is at least I wanted it brought before the board because it is something that is being done this way -- in that way, rather, this way -- now for the last few years, and nothing has happened here. That's all I was trying to do. CHAIRMAN STRAIN: Thank you for bringing it to our attention, Mr. Adelstein. Is there any other business on this board? (No response.) CHAIRMAN STRAIN: Hearing none, there's no public comment. Is there a motion for adjournment? COMMISSIONER SCHIFFER: So moved. COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: The meeting is adjourned. Thank you. There being no farther business for the good of the County, the meeting was adjourned by order of the Chair at 10:40 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 35 161 1BI February 1, 2007 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 1, 2007 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 5:05 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Brad Schiffer Paul Midney Donna Reed Caron Lindy Adelstein Bob Murray Robert Vigliotti Tor Kolflat (absent) Russell Tuff (absent I:f10919NX1.9 U4 N Ray Bellows, Planning Services Marjorie Student - Stirling, Assistant County Attorney Page 1 161 18 February 1, 2007 CHAIRMAN STRAIN: Okay. Thank you. If you'll all please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. Welcome to the second meeting on February 1 st for the Planning Commission. The first one was this morning at 8:30, and this one is now at 5:05. This evening's meeting is very subject specific. It's involving one advertised public hearing for the community of Copeland. Item #2 ROLL CALL BY CLERK Before we go into the details of the meeting, we'll need to have a roll call by our secretary. COMMISSIONER CARON: Tor Kolflat is absent. Mr. Schiffer? COMMISSIONER SCHIFFER: Present. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Present. COMMISSIONER CARON: 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? COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: And Mr. Tuff is absent. CHAIRMAN STRAIN: Okay. Since we only have one item on the agenda, I hope there's no addenda to the agenda. Planning Commission absences, we discussed that this morning. Approval of minutes, there are none. BCC reports, there are none. Chairman's report, there is none. So with that, we'll move directly into the advertised public hearings. Iff=1 1, U PETITION: RZ- 2005 -AR -7445 — COMMUNITY OF COPELAND First public hearing, or the only public hearing tonight, is petition RZ- 2005 -AR -7445, and it's the Collier County Community Development and Environmental Services Division represented by Wayne Arnold for the Village Residential Conservation Zoning District and area of critical state concern special treatment for the community of Copeland. All those wishing to testify on behalf of this, please rise to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN STRAIN: Okay. Are there disclosures on the part of the Planning Commission? (No response.) Page 2 161 181 February 1, 2007 CHAIRMAN STRAIN: I spoke with Mr. Arnold today, told him my concerns after reviewing this document so he'd be prepared to respond appropriately tonight. And hearing none others, Wayne, it's all yours. MR. ARNOLD: Great. Thank you. For the record, I'm Wayne Arnold with Q. Grady Minor & Associates representing Collier County tonight. Mike DeRuntz has some PowerPoint materials that might be helpful as we go into this. And if there are any questions, Marco Espinar from Collier Environmental Services is here, who prepared the Environmental Impact Statement for the project and is here to respond to any questions. We did have a hearing before the EAC, and that vote was split, I believe, 4 -2, was it? MR. ESPINAR: Correct. MR. ARNOLD: 4 -2. So I don't believe that carries with it enough votes to be an affirmative one way or the other. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: What was the abbreviation, before what group? MR. ARNOLD: EAC, the Environmental Advisory Council. And as you can see, this was a conventional rezoning application that sort of is in conjunction with the zoning overlay that you all heard back in, I believe it was, October and November during your Land Development Code amendment cycle. An overlay was established for the Copeland community that incorporated certain other restrictions on VR zoned property. The action tonight proposes to rezone a little over 90 acres to a new zoning district; in effect that would be really the village residential, but it comes with a zoning restriction of four dwelling units per acre on it. All the property that's the subject of the zoning change tonight is within the urban area of Collier County, and there is a separate exhibit as an exhibit to the Future Land Use Map series that identifies the Copeland area urban area. So the subject properties are within the urban boundary and they would be subject to a density limitation of four units per acre. And it -- and it would seem that going from conservation zoning to VR with a unit restriction of four units per acre is a substantial increase, but I think in -- when you look at that in relationship to the area of critical state concern requirements that are still in effect for this and the ST overlay that's still in effect, you have limitations on clearing for parcels of land that limits them to 10,000 -- or 10 percent of their site area, and I believe the number's 2,500 square feet. So with that I believe there's safeguards in effect. Properties that would be further subdivided would have to go through the Collier County subdivision process. The overlay restricted and prohibited any multifamily development from occurring within the village residential zoning district, which is -- which is different than previously authorized. The one thing I would say, too, is if -- I don't know how much any of you have researched this, but the conservation zoning district that's in effect for this property, I don't believe, was really ever intended to apply to private properties that were in the urban boundary. When you read the description of the conservation designation, it clearly says it was meant to apply to Everglades National Park, Big Cypress National Preserve, Delnor Wiggins State Park, et cetera, and wasn't really intended to apply to those private parcels. We've been working with the civic association that was formed down in Copeland for, it seems like, almost two years now. And between Marco, Mike and myself -- and I know Ray attended some of those early meetings -- working with their civic association, there seems to be overwhelming support for Page 3 161 101 February 1, 2007 the actions that took place for the overlay and now the subsequent rezoning that is going through the process. I don't know what specific questions some of you may have. It's a fairly straightforward application that stems from the issue that is -- as you see on the zoning map, there were several lots that were actually separated by the conservation zoning district and the VR zoning district. And after the various hurricanes, there were problems in obtaining permits from Collier County for those folks to put back whole their properties because some of those properties that had conservation zoning actually had mobile homes on them, and that's a prohibited use under the conservation zoning district. So the VR zoning district would allow those people, presumably, to go back and make improvements to the mobile homes that are there. And I think, as Mike and myself -- Mike, myself, Ray, and others have talked, there's probably a dozen other ways we could have gotten to this point and maybe several other ways we could have achieved it, but this one was deemed to be the one that was the most expeditious and the least problematic for those involved. And with that, I'll stop and answer any questions there could be. CHAIRMAN STRAIN: Okay. Mr. Midney? COMMISSIONER MIDNEY: On page 6 where it says site alteration near the bottom of the page, the second bullet, it says a minimum of 2,500 square feet on any permitted site. Did you mean to say a maximum? MR. ARNOLD: I didn't write that, but I do believe that should be a maximum of 2,500 square feet for clearing. That's on page 6 of 10 of that staff report? CHAIRMAN STRAIN: No. The Florida Statute -- Florida Administrative Code, section 28.25006, that is actually language right out of the Florida Administrative Code, so I'm not sure it would mean more than what the code says. It says in that code right -- and I have a copy of it -- however, a minimum of 2,500 square feet may be altered on any permitted site. MR. ARNOLD: Oh, I'm sorry. Yes, that's correct, on any permitted site. It is a minimum of 2,500, but it can't exceed 10 percent of the site itself. COMMISSIONER MIDNEY: So that means that you have to alter at least 2,500 square feet? I must be misunderstanding it. What if you want to make a smaller alteration? MR. ARNOLD: I can't answer for the county, but I do know that there are other lots down there that have less than 2,500 square feet. I think the way in which that was worded was to ensure that somebody could clear a minimum of 2,500 square feet. I don't think it means that you have to clear a minimum of 2,500 square feet. CHAIRMAN STRAIN: I think the way -- Paul, some of the lots, if you looked at the folio numbers we received -- COMMISSIONER MIDNEY: Right. CHAIRMAN STRAIN: -- were very, very small, and if you required only 10 percent allowed to be cleared on those lots, you may not have enough to clear for a single - family home pad. But I think this basically allows even the smallest lot to have at least 2,500 square feet cleared and used for a pad. COMMISSIONER SCHIFFER: Right. COMMISSIONER MIDNEY: Yeah. The way that it's phrased it confusing. Maybe it would be a threshold of at least 2,500 feet would be permitted, something like that. CHAIRMAN STRAIN: Yeah. Unfortunately, I don't -- that's our Florida FAC. MS. STUDENT - STIRLING: That's in the Florida Administrative Code for this area as well as -- we're not putting a stip. on this, I don't believe, where it would be crafting language, but this is just quoting from the Florida Administrative Code as well as how it's been placed in our comp. plan and our Land N,_- i 161 10t February 1, 2007 Development Code. COMMISSIONER MIDNEY: Another question is, my understanding was that we were supposed to have heard this in the summer but it was delayed because someone decided that there needed to be an Environmental Impact Statement. And could we see that? MR. ARNOLD: Certainly. We --just for clarification, Collier County, even though they are the applicant, required of themselves to do an Environmental Impact Statement, which is required for any ST overlay property in Collier County. So Collier Environmental, Marco Espinar, was hired by Collier County to go out and ground truth and create flux map listed species survey for all of the area of Copeland. And he was on, I wouldn't say every single lot, but a good majority of those properties and has created a piece of information that will go with Collier County, which will actually help other private property owners in obtaining permits because now there is a record. Instead of requiring each and every property owner down there to go and conduct their own Environmental Impact Statement, we now have a record case that's updated as of 2006. And I do have an extra copy if anybody would care to look at that. I'd be happy to. The EAC did review the Environmental Impact Statement. CHAIRMAN STRAIN: Just so you know, I received a copy of the Environmental Impact Statement, but that -- I received that when we did the LDC amendments back in the fall. It would be the same statement. We did LDC amendments for Copeland back in September /October, the package then included an EIS. I don't know if that helps or not, Paul, but I just happened to -- I knew this was coming up, so I saved mine. MR. ARNOLD: Mr. Chairman, if I might, I'd be happy to present Mr. Midney with a copy, if he would like to see one. COMMISSIONER MIDNEY: Okay. And also I would like to see the minutes or the notes or something about why the EAC, there was some objection to this plan. MR. ESPINAR: I think it might be most appropriate if Marco Espinar addressed the EAC discussion. MR. ESPINAR: For the record, Marco Espinar, Collier Environmental Consultants. Let me start first by answering one quick question about the EIS. The county required that, like Wayne said, specifically so that each individual property owner would not have to do an EIS at the time if they ever came in for any permits or modifications or anything; they wouldn't have to do it individually. There's a master file here. Now, as to your specific question, one member did not like one of the specific exhibits on -- in this EIS which was the panther telemetry report. He didn't -- he just didn't like the exhibit despite the fact that the exhibit comes straight from Department of Natural Resources from Collier County, and it was the most updated telemetry point report that we had, but he just did not like the way the exhibit was. COMMISSIONER MIDNEY: And how was the vote by the EAC; how did it come out? MR. ESPINAR: 4 -2. COMMISSIONER MIDNEY: 4 -2. That was the only objection? MR. ESPINAR: Yes, sir, that was the only objection. And yes, here's the revised drawing. After the meeting, Bill Lorenz -- what they tried to do is simplify it because the original exhibit had panther, black bear, but also panther and black bear mortality data points, and I guess it was just too busy for them, or for that, that specific individual. COMMISSIONER MIDNEY: I'm going to try to look at this EIS quickly, but -- MR. ESPINAR: If you care to also, anybody who cares for additional copies, I'll be more than glad to mail additional copies to any member who requests to have one on file. I'd be more than glad to do that. Page 5 February 1, 20 CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I have only one question. On page 7 of 10, the fourth bullet from the top, if you would explain to me, please. The fill areas and related dredge or burrow ponds shall be aligned substantially in the direction of local service water flows and shall be separated from fill areas and ponds by unaltered areas of vegetation. Unaltered; I thought that was kind of curious. Exotics are usually eliminated when one does the -- so is that a contradiction or is that standard language or what? MR. ARNOLD: No. That is standard language that follows, and it's probably exactly out of the state statute that Mr. Strain referred to. That language also appears in our Growth Management Plan and the future land use element. COMMISSIONER MURRAY: Unaltered? MR. ARNOLD: That's correct. It applies to all of the area of critical state concern, and that portion surrounds Copeland as well as that area that lies around the Immokalee community. COMMISSIONER MURRAY: Okay. I accept it, I just --it doesn't make sense tome, but fine. There must be greater skill and knowledge than I have on that one. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer. COMMISSIONER CARON: How did mobile homes get approved to begin with? MR. ARNOLD: I haven't researched that as far back in the records, but as you're aware, Copeland's fairly remote, and I think that a lot of the development that has occurred there over time has probably not been legitimized with building permits. A lot of those permits could have been pulled in the Immokalee community as well because it's a direct shot up State Road 29 to Immokalee, and it was part of the more rural area of the county. But I don't have a good answer for you because a lot of those exist. People have been residing in them, we know, for at least a dozen years, but we don't know -- I don't know the permit history of them individually. COMMISSIONER CARON: This area's part of Big Cypress, and isn't -- isn't the density in -- either in Big Cypress or around the Big Cypress area of state critical concern, aren't there much lower densities? If you're in Big Cypress, it's one unit per three acres, and if you're somehow on the fringe of that, it's one per five acres? How did we come to four units an acre? MR. ARNOLD: Four units an acre would be the basic density that would be applicable for this area because it is not subject to the coastal high hazard designation, so it is part of the urban area. So it falls to the same base density that other areas outside of your coastal high hazard designation do for the density limitation. So you have a cap of four essentially that we would be establishing for this VR portion. It doesn't mean that through your discretion if somebody wanted to come in and alter that cap of four, you might put a restriction on that property of two, for instance, if that were to occur. This sets a limitation as a maximum of four, unlike the rest of the urban area that could carry with it density bonuses in addition to that. COMMISSIONER CARON: Why, when it's in an area of state critical concern, wouldn't the more strict apply? MR. ARNOLD: Well, I think it does. If -- under the present zoning for this property, the majority of it is zoned conservation, and portions of these lots are zoned VR. The portions that are zoned VR technically could qualify for, I believe, up to 16 units per acre, and the portion that's conservation would qualify for one dwelling unit per five acres under that zoning category. Because it's technically in the urban area, it's encumbered by an area of critical state concern 161 M February 1, 2007 overlay. That overlay itself doesn't carry with it density standard. The density falls back to the underlying base zoning in this particular case. CHAIRMAN STRAIN: But the restrictions within the area of critical state concern would make it unlikely to be able to utilize the density that's provided? MR. ARNOLD: You are correct. I would agree with that. there. CHAIRMAN STRAIN: That's what I think -- COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: I know where you're trying to go. I just wanted to help Wayne get you MR. ARNOLD: Thank you. You're correct. CHAIRMAN STRAIN: Brad -- COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: -- do you want to try now? COMMISSIONER SCHIFFER: Yeah. I may cough a little, but -- CHAIRMAN STRAIN: I know. That's what I was wanting to ask you. COMMISSIONER SCHIFFER: In your review, item number 17 is discussing utilities and impacts. What are the utilities that are in this area? I'm sure these would be on septic tank probably and -- MR. ARNOLD: Some of these areas that are subject of the rezoning are -- would be on septic tanks. Some of these areas are -- don't support any structures currently but the structures that are on the northern and western perimeter -- northern and eastern boundary of the proposed zoning line are on septic. The majority of the Copeland community is tied into water and sewer. There have been some issues with that, but a majority of the urbanized area of Copeland has water and sewer availability. COMMISSIONER SCHIFFER: And just curiosity. What are -- the yellow dots on that panther thing are what? MR. ARNOLD: I'll let Marco address that. MR. ESPINAR: Those are radio telemetry report data points for panthers. COMMISSIONER SCHIFFER: So that means it was there at one point in time? MR. ESPINAR: Yeah. Those are collared animals, and they periodically fly and try to pinpoint -- I don't know if you saw just -- what was it, a week ago, they pinpoint that one on Keewaydin Island that had -- that's the same way. They have them collared. COMMISSIONER SCHIFFER: All right, thank you. MR. BELLOWS: The swimmer. MR. ESPINAR: Yeah, the swimmer. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTL• I have a question about the neighborhood information meetings. You had one June of last year. MR. DeRUNTZ: For the record, Mike DeRuntz, Principal Planner with the Department of Zoning and Land Development Review. We had a neighborhood info -- or our neighborhood information was June 15th, 2005. COMMISSIONER VIGLIOTTL• Oh, two years. MR. DeRtINTZ: Yes. COMMISSIONER VIGLIOTTI: What's been revolved since then? Has there been another meeting? I mean, what came of the issues brought up at that meeting? MR. DeRUNTZ: Well, the -- a lot -- a large extent of the time was spent in the -- getting the approval and the development of the Environmental Impact Statement. That was -- that was -- that took a large majority of the time since that neighborhood information meeting. Page 7 16! 1H February 1, 2007 We were proceeding without it, then it was -- made a determination by the environmental staff that the statement had to be -- had to be prepared as a part of the application, and -- so that's what transpired. The overlay has been -- which was a part of the concern that the people have of not only trying to get a sense of community by having the same zoning classification throughout the urban area, which would be VR, village residential, which would allow the replacement of mobile homes to occur throughout that community, which is the majority of the makeup of the community. But with the overlay, the -- which was approved on December the 7th of last year, the -- they are able to get -- to advance the concept of a sense of community where they have uses that are permitted, such as allowing, you know, the trucks or the storage of crab traps in their front yards and other things like this that are occurring down there, and that is the character of the neighborhood, of the community, that they would not be cited as having a violation on their property. Also they incorporated the concept of a commercial strip of -- providing convenience along Church Street, convenience facilities, also churches as a permitted use in that overlay. So these are things that the community identified in -- early in their questionnaire that was prepared and sent out to all the residents in the community. And, you know, that I believe that the rezoning and the overlay is going to help them achieve that goal that they have. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: On page 8, the last paragraph, there was something about a 10 -year exemption from the management plan. What does that refer to? MR. DeRUNTZ: The -- I was unable to find out what Don was talking about, but I believe it was more a reference of the Isles of Capri that was bleeding into -- in the discussion. I think in the Growth Management Plan there was -- there was a settlement of some sort, but it didn't really apply to the community of Copeland. COMMISSIONER MIDNEY: In the Environmental Impact Statement, was there any concern that you're going from a permitted number of dwelling units, from 34 to -- if you had four an acre, you could go to as high as, I think, 394. Was there any thought that that could impact Big Cypress? MR. DeRUNTZ: You want to answer that, Marco? MR. ESPINAR: No. We didn't feel there was a major impact. The way we felt about this is that this item was more a housekeeping item for -- sort of like for the Land Development Code. Environmentally there's no proposed impacts. Most of the impacts are -- already existing out here. Part of the EIS documents, through historical aerials from the '40s to today, show how the town has transitioned and grown, and most of those impacts are on old fallow farm fields, okay? So basically the impacts are existing, and the existing area of critical state concern rules or ST rules are still -- those layers are still basically there. This is more, like I said, more of a -- we felt more of a housekeeping item for land -- for the Land Development Code. COMMISSIONER MIDNEY: Would you say that Copeland is increasing in population or decreasing or about staying the same over the past, say, 50 years? MR. ESPINAR: I couldn't answer about the population exactly because I don't know that answer. What we did was, we're looking at physical structures out there, and I think it's -- all the lots that have mobile homes are taken up. There's few, very few lots still available that I would say can still be -- you know, put a mobile home on, very few. COMMISSIONER MIDNEY: Are there any new houses being built out there? COMMISSIONER STRAIN: No, I don't -- was there? There's one. CHAIRMAN STRAIN: You guys have got to talk on the record if you're going to carry on a P._- 161 191 February 1, 2007 conversation. MR. DeRUNTZ: To answer that question -- Mike DeRuntz. There is a new home that is being built on one of the existing lots in the area that's already zoned VR. COMMISSIONER MIDNEY: As far as you know, there's no plans to do any kind of a PUD or any organized type of development on the land out there? MR. DeRLJNTZ: No, sir, there is not. And that is one -- one of the other elements in the overlay, that under the VR, multi- family is a permitted land use, and in the overlay, they took that out. They wanted to keep it as low density and the character of the community that they have out there presently. And they have no objections to reducing, you know, the density to four units per acre because that met their intent. COMMISSIONER MIDNEY: I'd love to hear -- if there's any of the community members here to speak, I'd love to hear their comments. CHAIRMAN STRAIN: We're going to get there. Okay. Any other questions of either staff or the applicant at this time? (No response.) CHAIRMAN STRAIN: I've got a few. And Wayne, I think they're going to be more directed at you than anything else. I was under the impression that this whole effort in Copeland was being done to, more or less, legalize the development that's occurred there that's questionable in some people's mind; is that a fair statement? MR. ARNOLD: I believe that's where this idea started, that we had a number of lots that were bisected by zoning district boundary, and in order to make the necessary improvements, we needed to make that correction. CHAIRMAN STRAIN: You're not getting picked up too clearly. MR. ARNOLD: I apologize. I'll move a little closer. CHAIRMAN STRAIN: And it was -- in reading this, I seemed to get the impression that the owners of the land or the people involved weren't coming in and trying to build massive developments and get higher densities. They basically like what they've got and they wanted to make sure it wasn't going to be disturbed. Is that -- MR. ARNOLD: I think that's a fair assessment, yes. CHAIRMAN STRAIN: Okay. Because what we're doing is we're taking property that was, at one point, considered to be one unit per five acres in a lot of areas, or in a lot of people's minds, and providing a four -unit- per -acre density to it. That's going to take 94 acres of property and create 94 units, or four times -- three hundred and -- what's four times 94 acres, whatever that comes out to, almost 400 -unit potential. Right now the potential, based on the subdivided lots, was 30 lots plus three lots over 10 acres at four additional lots, so you had 34 units possible, according to the documents you provided with us, which would produce 340 trips per day. The amendment would produce 3,760 trips per day, 94 units times four dwelling units times 10 trips per day. Now, if that's not something that is being desired, they don't really intend to put 94 times four dwelling units, say close to 400 dwelling units on this property -- and I know the restrictions in the overlay won't allow the clustering and producing of multi - family, but they could have zero lot line, they could have small single - families popping up, and a lot more than what was anticipated -- why wouldn't we want to limit this development to a density much lower than the four that's being put upon them by the urban boundary, that it doesn't seem to be something that's desired? And you know, I'm just wondering, is there a need to go to the four? Has someone expressed a desire to develop Copeland to four units per acre? 161 February 1, 109 MR. ARNOLD: I don't believe there's been an expression by any person that we've heard from at either the neighborhood meeting or the various civic association meetings that we've attended. I think most people like the fact that they're semi - rural, they're remote, and they want to keep the flavor of single family. I don't know that it's been expressed, honestly, Mr. Strain, in the form of a density. I don't think that's how they equate development like you and I might talk in terms of density. I think theirs is more in terms of single family, because when you look at what's happened in Copeland all of the urban area of Copeland qualifies right now for 16 units per acre. It was exempted under the old zoning reevaluation ordinance as improved property, and the VR zoning district allows 16 dwelling units per acre, and that can be in the form of multi - family, mobile home, single - family, et cetera, subject to areas of critical state concern. CHAIRMAN STRAIN: Well, my concern is what's happened to a lot of us in the urban area here. Your neighbor decides he wants to sell out. He sells out, looks at the rules, and a new owner comes in and says, huh, I don't have to live with this one house. I can build four units on that property. And if I have more than just one acre, I can build 20 units, maybe I can put a bunch of little homes all together at real -- less expensive prices and sell a lot of density, and that could happen to anybody in Copeland, just like it's happened to us in Collier County. And I don't think that's a desirable place or situation to be in. I'm suggesting that maybe we ought to look at some language that says the density be limited to one unit per five acres except those existing lots under five acres that existed prior to this implementation of this code, and those particular lots could have one unit per the lot. And then you've got what you've got today. You've got what people bought in there for, I would think. And I'm just suggesting that and --to see how it plays out in the discussions with the public members here, and maybe we'll see where it goes at that point. Mr. Vigliotti? MR. ARNOLD: I'll look at some of my notes too, because I'd just like to look at some of the property records we have. I'd hate to put somebody in a position where we went backwards in terms of their ability to even be where they are, because we did impose other restrictions with the overlay. So I'd like to at least, when you're hearing from other comments, look at that. CHAIRMAN STRAIN: Mr. Vigliotti, then -- COMMISSIONER VIGLIOTTI: When we keep saying the people of Copeland want to keep it the way it is and we've had one neighborhood information meeting almost two years ago, you mentioned civic association meetings. MR. ARNOLD: Yes, sir. COMMISSIONER VIGLIOTTI: What's the feedback? It's not in here. What are we hearing? MR. ARNOLD: I would say the feedback -- and I won't say that I attended each and every one of those, but I attended almost every one where this item was on -- a discussion on the agenda. I know that the housing department sponsored a portion of this and that is because of the rehabilitation effort that they have and some of the economic conditions on Copeland, and there were — there were other things progressing at the same time, some water and sewer improvements, street- lighting improvements. The sheriffs department's been involved. So it has been a civic effort. And thanks to Commissioner Coletta, there's -- in great part to his effort, there's a civic association that is small but fairly active. And I think that a lot of this discussion occurred in those monthly meetings as opposed to having another neighborhood informational meeting of sorts, because the whole community was invited to those meetings, and those who chose to did attend. I think what you see before you has been endorsed by those who participated. We think it achieves that goal. As I said early on, I think there are a whole bunch of different ways we could have achieved the I' _ 1' February 1, 2007 same result. This one seemed one of the most expeditious and one that gave people what they wanted. I won't say that there's not another way to get there, because I think there is. COMMISSIONER VIGLIOTTL• Okay. For now I'll wait till I hear from the public. Thank you. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: Mr. Arnold, can you put up a map that will show us those properties that are in dispute because they cross the line from VR to con.? It's the -- the lots just up here to the northeast. MR. ARNOLD: As you'll see, that's the existing zoning map boundary, and you'll see where that VR line goes east/west and then again north/south. That's the point at which the greatest number of lots separated by both VR and conservation zoning. And I think that we've looked at this a couple of different ways. And I think had the conservation designated lots not been in the urbanized area, I think we would have taken a different approach at this. And I think the easier solution at that point, had we had an issue with the conservation designation, potentially could have grown the conservation zoning to incorporate the balance of those lots that were separated, and then maybe have an amendment to your conservation zoning district that would have made a provision for mobile home lots to be in the Copeland community in some fashion. COMMISSIONER CARON: Why wouldn't you have just incorporated those lots that straddle into the VR district? Why did it have to be all of this con. district? MR. DeRUNTZ: Wayne? MR. ARNOLD: Okay. I'll let Mike go for that one. COMMISSIONER CARON: Chicken. MR. DeRUNTZ: Mike DeRuntz. When this -- when this area was zoned recreational and open space, it was RO classification. The area -- this section right through here, you see where this line is here, this section line, up to this boundary, that area was improperly classified as conservation. Originally it was -- it had different classification. And when they changed that line -- changed it from RO to conservation, that area got changed to the -- to the conservation zoning classification. Also that -- because the Growth Management Plan had this -- this area of Copeland identified as an urban area, that the conser -- the village residential classification throughout the urban -- that urban area of the Growth Management Plan made a lot of sense to the people that lived in Copeland. They wanted to have one zoning classification for the residential area, not a split zoning. There are 13 lots presently that are split by dual zoning, and they've -- many people came into CDS wanting to have an improvement on their property and there's -- and they're saying, well, you know, we can't -- can't follow through with what you're proposing on doing because part of your property is zoned conservation. So this is going to clean this up. And there's also situations where the structures are straddled by that line, and they -- and these people have been living with a lot of -- a lot of conflict because of this dual zoning situation in their community. COMMISSIONER CARON: Mr. DeRuntz, my only point was, I can count the 13 here that straddle the line. MR. DeRUNTZ: Yes, ma'am. COMMISSIONER CARON: And my question was, why didn't you just incorporate those into village residential, which would have made them -- MR. DeRUNTZ: And as I tried to address that question also, that the Growth Management Plan has the entire area identified as an urban area. MR. BELLOWS: For the record, Ray Bellows. I attended a few of the meetings with the Copeland residents, and the property owners outside the 13 that are bisected also wanted to be part of the VR district, Page 11 16 1p� February 1, 2007 so they were included in the application as a result. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT - STIRLING: This is just -- planners can weigh in. But it would seem to me that, perhaps, the conservation zoning designation would not -- the LDRs in the zoning's supposed to be consistent with the comp. plan, and to have a conservation designation in the urban area maybe be inconsistent with the comp. plan. CHAIRMAN STRAIN: Thank you. MS. STUDENT - STIRLING: I don't know if the planners agree with that or not. That's just a thought that -- CHAIRMAN STRAIN: Did you finish your questions, Ms. Caron? COMMISSIONER CARON: Yep. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: You know, the chairman brought up a very good point before, and I thought about it, too, in terms of Goodland. MR. DeRUNTZ: Pardon? COMMISSIONER MURRAY: That's okay. I'll repeat. MR. DeRUNTZ: I'm sorry. COMMISSIONER MURRAY: That's all right. Chairman brought up a good point before concerning that many lots, and Mr. Midney did, too. And I watched the activities for the Goodland changes for the village residential there. They wanted to hold true to their way of life, and because of the language being deemed in- specific, they're going to have a mega -house there. They're going to have a, what effectively is a duplex. And I'm just wondering if you're going to go ahead with this, whether the language that we have in there, especially when you look at the statement where it's a minimum of 2,500 square feet -- I don't know what that really means relative to that. I'm not clear on that. But I'm just wondering, if not -- certainly not today, not next week, not next month, but sometime not too far in the future suddenly we see a whole change, and those folks lost their dream. And is the language structure sufficient to keep that clear with all those potential units? MR. DeRUNTZ: The overlay of the area of critical state concern, I think, is the trump card throughout this. And I hope you could -- you can grasp that, because only 10 percent of the property can be developed, and so you're not going to get a mega -home on a little bitty lot unless you have, you know, this -- you know, where you could clear the 2,500 square feet on the lot. When you look at the village residential in this area, there -- that -- I looked at each of the lots, and there are -- the number of lots in this area that are less than 6,000 square feet in the subject area were zero. So there's no -- in this area there are no small lots. They're all over 6,000 square feet, which is the minimum lot size of the village residential for a single - family. COMMISSIONER MURRAY: Mike, not to interrupt you, but I hope you're right. I know that in Goodland what happened is the lots were joined, two lots were joined, and there's nothing to preclude the building of this structure because it was deemed to be a single - family structure even though clearly it's a duplex. MR. DeRUNTZ: Yes, sir. COMMISSIONER MURRAY: And so what I'm really saying is that while I can't prophesize the future, there are some things there that lend themselves to questions that I think need resolution and to protect the folks and their way of life, their chosen way of life. It would seem reasonable that whatever language is necessary to be included, that that should be given due consideration. That's all I'm really saying. Page 12 Flka� 111041 MR. BELLOWS: Yeah. And if I may -- for the record, Ray Bellows. I worked on the Goodland Zoning Overlay, and the issues involving Goodland are different than the issues affecting Copeland. They're almost dramatically different in certain ways. The waterfront nature of Goodland has raised the property values to such an extent that there is tremendous pressure to get the bang for the buck on the lot to build a mega -home; whereas, the Copeland residents, when I talked to them, they had a thought of concerns for just survival, to keep the community going. They're looking for ways to attract people to come to Copeland. They're also looking at ways to save their existing dwellings, and finding they wouldn't get permits through the county because of the existing conservation zoning. Those properties outside the 13 that are bisected by the zoning line were also wanting to participate, that's why we were looking at the larger whole of the urban area. And the other reason we were looking at four units per acre per base density was because -- the reason was, they weren't looking at keeping a fishing village type neighborhood. They were looking at fixture growth of the community. So four units per acre seemed like a reasonable base to start from. That is our base density. CHAIRMAN STRAIN: Okay. Well, that differs then from the statements provided earlier that these people were trying to retain what was already there, because four units per acre's going to have a dramatic change if someone wants to come in and build that four units per acre. MR. BELLOWS: Well, there's also -- and the reason the zoning overlay was created for Copeland was to create -- keep a certain type of atmosphere, but it was not to restrict growth. CHAIRMAN STRAIN: But when the public -- in the information meetings, were the people told that at four units per acre, you're going to have a lot more homes in that 94 acres than you have right now? I mean, because that's the potential that they face, and that's a potential everybody in this county has faced time and time again. I'm not saying that's good or bad for them, but do they know that's what the four units per acre could buy them? MR. BELLOWS: I don't -- I wasn't at all the meetings. At the meeting I was at, we had talked about density of -- a base being part of it. But it was no specific development plan. There's no developer out there willing to build anything. It's just that seemed like a reasonable base to start from. CHAIRMAN STRAIN: There weren't any around in the urban area -- rural area too, but there are now. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I keep hearing that the people in Copeland want this or they want that. Is there anybody here from the civic association here that's going to speak today? CHAIRMAN STRAIN: Yes, there are. We're going to get to them. COMMISSIONER VIGLIOTTI: Okay. CHAIRMAN STRAIN: We've got to finish with our questions of staff first, and then we're going to open up to the public. COMMISSIONER VIGLIOTTI: Because I think that will clear up a lot of questions for me. CHAIRMAN STRAIN: I know. And we've just got to -- we've got our steps, you know. COMMISSIONER VIGLIOTTL• Okay. CHAIRMAN STRAIN: Mr. Arnold? MR. ARNOLD: Mr. Chairman, could I interject one thing? Just to follow what Mike DeRuntz and Ray both said; I think that looking at this area, there's another side to this too. And I think if you look at the conservation zoning district, and if you look at what its intent is supposed to create in our Land Page 13 161 101 February 1, 2007 Development Code, it doesn't fit with the urbanized area. But by the same token, it is unique because it allows the full range of conservation, it allows agricultural, and it allows some other processing- related uses. But under the area of critical state certain, the only exception you have to the lot clearing requirements of 10 percent is for agricultural uses. So I mean, the flip side potentially that's the environmental benefit of this could simply be that by taking out the agricultural component under the conservation zoning -- and the limitation is like you have in Golden Gate Estates with the overlay where somebody can have a small number of you know, their personal animals or horses or a couple of cows or chickens or whatever they may have -- you've -- the potential for somebody coming in and saying, I'm a bona fide agricultural use and I'm going to clear my 35 -acre parcel and I don't have to adhere to your area of critical state concern requirements, I think goes away. So I mean, that's something that hadn't been said, but I think it is important to note that that -- while I haven't heard anybody saying that they're willing to go and clear -cut their property either for agricultural uses, it is something that gets taken away as a result of this zoning action. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Just one comment about this whole issue of it being in the urban area and so maybe conservation is not appropriate. I think that that is absolutely stretching things the way they shouldn't be stretched. This area is surrounded by conservation, it's surrounded by Big Cypress. So conservation is more than appropriate for the area. Now, I don't have any problem. I understand what these people are trying to do in being -- not being nonconforming, and that's certainly a reasonable expectation. I just -- I question, including all of the conservation area, I question why we couldn't have isolated out those that were essentially nonconforming. And I certainly question the four units an acre in an area that for sure wasn't going to get more than one per five acres. CHAIRMAN STRAIN: Okay. I think Mr. Vigliotti had summed it up, we probably -- if we have speakers from the public who have -- actually live in Copeland, it would be handy to hear their opinions on this. Is that okay with the panel at this point, we'll move into public speakers? COMMISSIONER VIGLIOTTI: Please. CHAIRMAN STRAIN: I know that you in the audience may have come here not knowing that we have a sign -in sheet, so don't worry about that. If you want to speak, you certainly will have the right to speak here tonight. The first thing we have to do is ask you, if you do intend to speak, to please rise to be sworn in if you weren't swom in earlier. So how many of you wish to speak here tonight, members of the public? Just you, sir. And were you swom in earlier when the court reporter -- MR. MESCE: No, I wasn't. CHAIRMAN STRAIN: And you, ma'am? UNIDENTIFIED SPEAKER: No. CHAIRMAN STRAIN: If you'll, Terri, do your thing. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Mr. Adelstein will like the way you said it, because you probably heard what Cherie' got into this morning. Okay. With that, the speakers -- the first -- MR. BELLOWS: We have one registered. CHAIRMAN STRAIN: One registered, and then we'll do the second person after the one registered. MR. BELLOWS: William Mesce. MR. MESCE: Mesce. OW -A February 1, ;00 MR. BELLOWS: Mesce. MR. MESCE: Hello. I'm William Mesce. I'm a property owner out in Copeland. I really wasn't prepared to speak today, but a couple of things that were brought up, maybe I could shed some light on. First thing I would like to address is the density. The density where we're at right now, three acres, not five acres, for a house. We're in what's called the Copeland cutout. The Copeland cutout is part of the Big Cypress area of critical state concern, but it's not part of the Big Cypress preserve area where they are calling for five acres per dwelling. Where we're at presently is three acres. I want to go on further to say that most of the acreage that is going to be opened up with this -- with what we're trying to do here, a lot of that acreage is wetland. It's classified as wetland under the new map that we had to have drawn up, so that's going to take away from the ability of putting in so many homes like Mr. Strain had mentioned. Also there's Cypress strand in the area. No homes are being built in the Cypress strand. No matter what we do here today, it's not going to change what the land is there. And if it's Cypress strand and wet area, no homes will be built in that area. What we're talking about is a much smaller overall buildable area that has already been previously disturbed, and it was part of the Copeland residential cutout. Somewhere along the way somebody arbitrarily drew a red line and said, we've got a supersensitive zone on this side and village residential on that side. Village residential had their small areas that they could build their houses on. On the other side, they wanted the three acres. The point is, is we can't find out where that line came from, what the exact date was that it was implemented, who implemented this red line, and how come we have to be held to three acres on the other side. The land is exactly the same as it is in the McBeth area or the presently populated area. It's all disturbed, it's filled. It's just that someone drew -- and if I may. This line right here. CHAIRMAN STRAIN: You'll have to -- Ray, would you help him with the remote speaker. Thank you. MR. MESCE: This line right here coming right down was just drawn right in. There were people living -- there were people living in that area before that line was drawn. They had mobile homes set up on it. That line was drawn right through some of the homes, right through many of the parcels. After the hurricanes when these people went and tried to get permits, they said, oh, well, you're not even supposed to be there. As of when? When was that line put in? Was it even -- I don't even want to open the bucket of worms of whether it was even legally done or not. We can't find out. So we're trying the option of moving it back to where it should be, which is at the end of our properties rather than down through the middle so that if something happens, we can repair the roofs, we can get a permit to put a house right next door on property that was filled long before any of us lived in the area. This is previously disturbed land. The density's not going to go sky high because we had -- we had something drawn up, an environmental -- MR. DeRUNTZ: Impact statement. MR. MESCE: -- bill drawn up which they made us do, of course, and we presented it. Anything outside of that, we're not going to be able to put in all of these homes that the numbers say that we can. Just because the numbers are there doesn't mean it can go on in reality. And it's not going to happen in reality. CHAIRMAN STRAIN: Do you have any problems with limiting your density to what you want rather than what the numbers on this staff report indicate? Because contrary to what you said, the staff report says -- and I'll read it, conservation district limits single - family residence to a minimum lot area of five acres or greater. Now, I know you're saying three -- Page 15 F bb 1y 1,1x81 MR. MESCE: That is incorrect. I don't know how it has to be addressed. And believe me, if we go up to zoning or whatever and we say we want to do something, the first thing they tell us is, oh, no, you've got to have five acres. But after we sit down with them and we go through all of their bookwork -- I've done it two or three times now -- we find that statement in there that says, except for the Copeland cutout, Big Cypress area of state critical concern where it will be three acres. So you'll even get misinformation right from the people in zoning and in code enforcement. CHAIRMAN STRAIN: Okay. Well, then, let me rephrase my question. If this was limited to one unit per three acres with the exception of lots that are less than three acres in size, subdivided or platted before this meeting -- MR. MESCE: No. CHAIRMAN STRAIN: -- you could still retain the right to have one unit of density. Is there a problem with that? MR. MESCE: This is basically what we've got already. CHAIRMAN STRAIN: Right. MR. MESCE: And we've wasted thousands and thousands of dollars and all of our time being here. CHAIRMAN STRAIN: Okay. So your objective is not as Mr. Arnold had indicated early to retain what you've got. You want to expand on what you've got; is that a fair statement? MR. MESCE: To a certain degree, that is a fair statement. Right now I have five and a half acres -- one parcel that I have is five and a half acres. I would like for my son to build a house next to me, on previously disturbed property. I mean, totally filled. As a matter of fact, property's a little higher than the house -- the property where my house is standing, but I've only got five and a half acres. Presently my son can't build a house next to me, and I've got plenty of land to do so. Now, I also own two other parcels down there, one 13 acres and another one that's one acre. And I would like to see -- I honestly feel that four houses per acre is not going to increase, and it's going to give other people a chance to do something with their property as well. CHAIRMAN STRAIN: So you've got about 20 acres total? MR. MESCE: Yes. CHAIRMAN STRAIN: Okay. Because if you had four units per acre, you'd have 80 units. If you have one unit per five acres, you've got four. If you have one per three, you've got about seven. What number is it that you think you'd want to develop that 20 acres to? I'm just curious. MR. MESCE: Just off the top of my head, if forced for the most development that I could put on it because of the way the land is laid out, I could probably put maybe six or maybe seven depending on the setbacks on the lakeside property. Maybe seven houses on that acreage without having problems because of the way the land is laid out, because of the way the Cypress strand runs through parts of it, and because it's deemed wetlands when it gets out in the back part. CHAIRMAN STRAIN: Okay. MR. MESCE: So the density -- it would be impossible to come up with numbers of hundreds of houses or even a hundred houses. CHAIRMAN STRAIN: Okay. Thank you. Any other questions of this gentleman? Mr. Midney. COMMISSIONER MIDNEY: Would you object to changing the density to one dwelling unit per one acre? CHAIRMAN STRAIN: That's 13 units greater than what you just indicated -- MR. MESCE: Right. I understand what you're saying. And I bought most of the lands -- I put an Page 16 161 191 February 1, 2007 environmental assessment easement on my own property. I bought most of the land because I want to keep it just the way that it is, but there's other people in the community that would like to do a little bit more. And I would hate to stand here and say, oh, one house per acres is just fine with me while possibly stepping on the toes of other people in the area because I know that they may want to do a little bit more. So I -- we've really kicked these numbers around a lot. And when we came up with four houses per acre, we felt that that was -- that was a pretty good figure, really, that it wouldn't really hurt anything. There's no way that one house is going on every quarter acre out there. CHAIRMAN STRAIN: Mr. Schiffer? MR. MESCE: Nowhere near that can be done. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: What kind of store -- I mean, do you have a food store down there in the community? MR. MESCE: No. We have no stores at all there. COMMISSIONER SCHIFFER: So to go shopping, you have to leave the community? MR. MESCE: We go to Everglades City. COMMISSIONER SCHIFFER: For everything? MR. MESCE: Yes. COMMISSIONER SCHIFFER: Okay. MR. MESCE: We do have community water that everyone is on. Everyone out in Copeland is part of the municipal water system that we have. We're all on the main water. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT - STIRLING: Thank you. Somebody correct me if I'm wrong, but those are still going to have the ST overlay. And so the state regulations control as well as our own. And as I understand it, you are limited to what you can clear on a site. So if your site is 10 acres, you know, I believe you can only clear a certain percentage, and those site alteration standards in the critical area may, you know, make this not such an issue. You'd probably have to work it out for each lot, but it -- or it is a site area, and the state, I believe, looks at the site as, you know, the tract that you own and plan to develop on. So if you own 20 acres, you can only clear a small percentage of it. CHAIRMAN STRAIN: I think staff and Wayne made that -- MS. STUDENT - STIRLING: Okay. CHAIRMAN STRAIN: -- clear to us earlier. Let's take your example. You have a 10 -acre site. You can clear one acre, that means you can clear 43,560 square feet. That is a lot of space. And I'm not saying it's bad or good for Copeland. I just want to make sure that the people in Copeland understand the parameters that they're getting into with the densities they're getting, because in that 10 acres, instead of fitting two houses on five acres each, under this program you could fit as many homes that you could squeeze into, on individual single - family lots, and they could be 40 feet wide by 150 feet deep or something like that in that 43,560 square feet. That would be a lot more than two units per 10 acres. So I mean, it's the Copeland community's decision. If that's what everybody down there is looking for, then that's an option they need to know about. I just didn't know if all that was discussed. And if it was, that's great, and maybe I wasn't clear on that. Mr. Schiffer? COMMISSIONER SCHIFFER: Mark, wouldn't they be able to subdivide this down to smaller lots? Page 17 i e I ary 1 2a07 CHAIRMAN STRAIN: I don't know. You could subdivide it, but I'm not sure how small a lot could be. MR. DeRUNTZ: Okay. Mike DeRuntz, principal planner. COMMISSIONER SCHIFFER: Based on zoning. MR. DeRUNTZ: They were very aware of the density and how the property could be developed, but they -- they live with the fact that the property is in this area of critical state concern and that they cannot develop on wetland -- areas that are identified as wetlands, and they're limited to 10 percent -- they can only clear 10 percent of the property to place a house on that. Now, if they would come in and do a subdivision, then, you know, they would submit a plat just like everyone else would, and we would -- the staff would look at this and -- be assured that the environmental staff would look at this and, you know, use the criteria that's right in front of them that, what is the area of critical state concern, where is your -- where is your Environmental Impact Statement, where are your wetlands, where are your wetland habitat, and they're going to restrict them from developing on that property. And so you can't have a house on that property. You can only have single - family houses or attached single - family houses. No multi - family houses on here, so you're not going to get the density. And the minimum lot area is 6,000 square feet for a single - family house. So you're limiting your space, you know, for, you know, development of this property because of the physical constraints as was identified and the parameters of the area of critical state concern. The three (sic) units per acre came from David Weeks as -- when we were looking at this, that is an urban area under the comp. plan. This is your base density. And limiting this from 16 units per acre to four units per acre was fine with the people in Copeland because this is the -- because they know what they have to — the limitations they have there, and they took no exceptions to that reduction and that ceiling of four units per acre. Thank you. CHAIRMAN STRAIN: Thank you, Mike. And we have another -- go ahead. COMMISSIONER SCHIFFER: Let me finish. Mike, I have a follow -up on that. MR. DeRUNTZ: Yes, sir. COMMISSIONER SCHIFFER: Based on the conversation with Paul when he was saying the 2,500 minimum, essentially you could have a 25,000 -- or you could have -- that's 6,000 square foot of lot. You could clear off 2,500 of that without any problem? So it's really lots that exceed 25,000 that you start to kick in the 10 percent as being the denominator on that. MR. DeRUNTZ: Yes, sir. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Okay. Our next public speaker. Ma'am, if you'll come to the microphone, identify yourself. UNIDENTIFIED SPEAKER: Actually he addressed the issues that we were concerned about. CHAIRMAN STRAIN: Okay. So you're declining to speak? UNIDENTIFIED SPEAKER: Yes. CHAIRMAN STRAIN: Thank you. Okay. That's the last public speaker. Are there any other questions of the applicant, staff, at this point? (No response.) CHAIRMAN STRAIN: Okay. We'll close the public hearing, and we'll entertain a motion. Now, Mr. Adelstein, you indicated you wanted to make a motion. COMMISSIONER ADELSTEIN: Yes. I move that AR -- let me get that -- AR -7445 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations. '._- 161 1 Bi February 1, 2007 COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Seconded by Commissioner Schiffer. Discussion? (No response.) CHAIRMAN STRAIN: This is going to be an awful quiet motion. COMMISSIONER SCHIFFER: Mark, Let me talk about one thing. I support the density. I actually think it would be nice if this area developed enough people living there where they could have a food store or something where it became a town where they're not driving all the way to Everglades City to get a hoagie. So the -- keeping the density down, to me, I think, is counter to our traffic issues and all of our other issues of urban sprawl. So I really like the four units per acre. CHAIRMAN STRAIN: And then Paul, my -- I mean, yeah. Paul was grabbing the mike so I was going to say his name next. But Brad, my objection initially to the density was that I was concerned that the people in Copeland weren't aware of what the density could mean to their community. The testimony we've received from both staff and the resident of Copeland make it clear I believe they are aware of it, so I no longer have a concern with the density myself, so -- COMMISSIONER MIDNEY: And I feel the same way. It seems like the people of Copeland are behind this. No one is against it, so -- CHAIRMAN STRAIN: I fully agree. Any other -- Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I have to add to that also. I thought there was -- the density was kind of high, but if the people of Copeland are okay with it, and I don't hear anything else, I'm okay with that four units. CHAIRMAN STRAIN: Okay. So four units with giant mega -homes is the way it's going to go, right? COMMISSIONER VIGLIOTTI: It's not my choice. CHAIRMAN STRAIN: Okay. Enough discussion. I'm calling for the vote. All those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you very much for attending tonight's meeting. We certainly appreciate your travel distance for coming here, and your testimony certainly was helpful, so thank you. There is no old business on the agenda. There is no new business. Is there a motion to adjourn? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made. Meeting is adjourned. Thank you all. Page 19 161 10� February 1, 2007 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:08 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC. Page 20 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida February 15, 2007 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: ALSO PRESENT: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Jeffrey Klatzkow, Assistant County Attorney Page 1 161 18i February 15, 2007 16 I 1 B� February 15, 2007 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the February 15th, meeting of the Collier County Planning Commission. If you'll all please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY CLERK CHAIRMAN STRAIN: Thank you. And I wasn't sure we were starting at the right time today, because Mr. Midney's here. Ms. Caron, could you take roll, please. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER CARON: 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? COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Okay, are there any addenda to the agenda? It's a huge agenda today, one item. (No response.) Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Okay, hearing none, we'll move on. Planning commission absences. Ray, the next regularly scheduled meeting is our next meeting, if I'm not mistaken. That's the, what, 1 st of March? MR. BELLOWS: That is correct. CHAIRMAN STRAIN: Anybody knowing they're not going to be here on the 1 st of March? Page 2 Febr16 1 uary 15, 200 (No response.) CHAIRMAN STRAIN: And the one after that, which is only a few days later, is March 5th. And that's going to be our first meeting on the GMP amendments. Item #5 APPROVAL OF MINUTES — DECEMBER 21, 2006, REGULAR MEETING Okay, approval of minutes from December 21 st, 2006. COMMISSIONER MURRAY: Move. COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Motion made by Mr. Murray, seconded by Commissioner Vigliotti. All those in favor, signify by saying aye. COMMISSIONER CARON: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Item #6 BCC REPORT — RECAPS - JANUARY 9, 2007, REGULAR MEETING Ray, the BCC report and recaps. MR. BELLOWS: Yes, on February 13th the board met and they heard Petition SV -AR -9962, which is the Wal -Mart sign variance. The board of zoning appeals approved that by a vote of 4 -1, subject to the Collier County Planning Commission recommendations. They also heard the I -75 Alligator Alley PUD amendment, and that was approved 5 -0. And the rezone for Livingston Greens was approved 4 -1. CHAIRMAN STRAIN: Great, thank you. Item #7 CHAIRMAN'S REPORT The chairman's report for today. I have two issues, Ray, I'd like to kind of touch base on you with. The first one is getting the packages that we receive out to the applicants that are involved in the program. I've been told numerous times that applicants don't receive the same package or the complete Page 3 161 1 B� February 15, 2007 package as we do. And I know that it's a public document. I also would assume it's somewhat electronically. And I'd like to ask that staff make an effort to make sure that at the time we get ours the applicants receive an identical package to -- that we receive so that -- this is not supposed to be trial by ambush, and I think it only be fair that they have the same reading matter that we have so they know where we're coming from in our questions and format. MR. BELLOWS: Yes, that did come up a few weeks ago, and we have -- I have started the process to change our procedures. It's been a long- standing way of just e- mailing the petitioner or copying just the staff report itself and not the entire package that you guys get. And we are going to do that. That is in the works. CHAIRMAN STRAIN: Is there a reason, when you create the nine packages for us, you just didn't create a tenth and send them the entire package? Because some of the stuff we receive may be less or more than what is submitted by the applicant. MR. BELLOWS: I think historically it was felt that as the applicant they already have all that information, so we were just copying the staff report. But sometimes there are changes to certain documents such as an EIS or TIS. And sometimes the applicant doesn't come with that. So it does make sense when questions arise from this board to the applicant that they have the same document so they know what you're referring to. That is an understandable request and we are going to try to get that implemented as soon as possible. CHAIRMAN STRAIN: Thank you. And I have another issue that is an old and dear issue to me, and that's the redundancy within the PUD language. I had some information provided to me a few days ago about a PUD that started just a couple of months ago. And the applicant had submitted the PUD, lacking some of the redundant language. And it got rejected, demanding that the redundant language be put back in only so it can come here so we can take it back out again. Ray, that isn't really the spirit of what this board's been trying to do in working with you on this. Is there some way that maybe -- MR. BELLOWS: I'd like to know who made that request. Because I've told repeatedly to the principal planners for all redundant language to come out. It may have been one of the separate reviewers not under my supervision. But the planners are supposed to work with them to take it out. They have the authority from the division administrator to take out redundant language. CHAIRMAN STRAIN: Okay. And I'll suggest that the applicant's representative get in contact with you. MR. BELLOWS: Please do. CHAIRMAN STRAIN: Thank you. PETITION: CU- 2005 -AR -8748; ASHRAF FAWZEY That brings us to our first advertised public hearing. It's Petition CU- 2005 -AR -8748. The Ashraf Fawzy -- actually, it's an aquaculture application for 2060 Tobias Street. All those wishing to participate in this discussion, please stand to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission? I had a conversation yesterday with Richard Yovanovich in that he asked me one particular question N= 16! 1 February 15, 2007 I that today I'm prepared to answer for him, and he's not going to like the answer. With that, I'd like to talk about a procedural issue before we get into this presentation. After reviewing this package, it became apparent to me that this property was in a sending area. It was also in a NRPA, a natural resource protection area. And it also has an ST overlay for wellfield W -2 and W -3. All three of those issues speak to a certain level of sensitivity on the property environmentally. It also has a recorded panther telemetry point within the property as well. Now, when you add all those up, it seems that this certainly is a project that should have been reviewed by the EAC. And in my reading of the Growth Management Plan and in my reading of the Land Development Code, it certainly is a project that should have been required to have an environmental impact statement. Now, I understand there's been some concern that the EIS was waived because of someone's belief that this was a permitted use by right under the sending land category. In studying that, after being questions by the applicant's counsel yesterday, I don't believe it is a permitted use by right under sending land category by my reading of both the Land Development Code, the GMP and Florida statutes pertaining to the Right to Farm Act. Based on all that, it's the discretion of the chairman of this board to be able to remand this project back to the EAC for review, and that is what I am wanting to do here today, pending any objection from legal counsel. MR. KLATZKOW: None. It's your power. CHAIRMAN STRAIN: Mr. Klatzkow, when this is remanded back to them, the EAC is a board that I believe looks at environmental issues, not zoning issues; is that a proper assumption? MR. KLATZKOW: That's their -- that's their primary mission is to review environmental issues for the board to make recommendations. CHAIRMAN STRAIN: Will they review this on the basis of its designations as sending land and NRPA and possibly STW -2 and 3 in lieu of its presumptive use as a permitted use by right under the LDC? I mean, I don't want them -- I would hope they wouldn't focus on the zoning issue of whether or not this is a permitted use by right, but they would focus on does the property meet the criteria of NRPAs and sending and the other categories. MR. KLATZKOW: We can certainly take your direction to them. CHAIRMAN STRAIN: Okay, good. I think the zoning matter needs to be left to this board and the other issues need to be left to the EAC. Is there any comments from the planning commission on this course of direction? COMMISSIONER MURRAY: I support your action, Mr. Chairman. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Isn't there criteria for when something goes before the EAC? Then -- because why are we here if this is something that should go before the EAC? CHAIRMAN STRAIN: Well, there is criteria. Part of that is which -- is if there was an EIS provided on this project it would have had to go before the EAC. The EIS was waived for some reasons, all of which are not real clear. I haver ft myself understood why. But even regardless of all that, Section 8.06.030 of our Land Development Code provides that the chairman of the planning commission can remand back to the EAC any project that we wish to. Mr. Midney? COMMISSIONER MIDNEY: I was just interested to hear, you know, what the county staff had to say about the reasons why they didn't ask for an EIS. CHAIRMAN STRAIN: Mr. Klatzkow, if we entertain discussions like that, is that something that we can go into and still move this back? I don't want to get into a full presentation. I think it would be a lot of redundant waste of time today. Page 5 161 18� February 15, 2007 MR. KLATZKOW: You have the absolute right on your own to remand this to the EAC for their review. If you want to take comments now, that's your prerogative as well. CHAIRMAN STRAIN: Okay. Mr. Yovanovich, I bet you have a comment, don't you? MR. YOVANOVICH: Well, I would hope that at least the petitioner would be allowed to be heard on the issue. CHAIRMAN STRAIN: Well, I don't want you -- I'd like to stay to the issue -- MR. YOVANOVICH: I understand. CHAIRMAN STRAIN: -- in regards to the statements just made. We're not into the presentation of this particular case yet. MR. YOVANOVICH: I understand. For the record, Rich Yovanovich, on behalf of the petitioner. I feel like I have to address a couple of the comments the Chairman made, because it seems to be those were the bases for why you believe this should go back to the EAC. First of all, agricultural uses are in fact a permitted use within sending lands. There's no question about that. What we're here to discuss today is the digging of a hole to implement the agricultural uses, not the agricultural use itself. That zoning decision has been made in the Land Development Code. The reason we -- and frankly, we have been in this process for well over a year, dealing with environmental staff predominantly to finally get our day here. It has been an expensive, burdensome process for my client to go through. And then to find out yesterday, the day before the hearing, that there's a potential that we've got to go back to square one and start over again is not fair, it's not right, and it's unnecessary. We're here to dig a hole. That's the zoning issue before -- actually we're not even here because we want to dig the hole. We're here because in digging the hole we'll have to remove more than 4,000 cubic yards of dirt off the property. But be that as it may, we object to having to go back to the EAC. We object to having to do an EIS, because we don't believe an EIS is required under the Land Development Code for this particular piece of property. And with that, we want that on the record, and we think it's unnecessary, it's unfair, and we should be allowed to proceed today based upon the circumstances. Your environmental staff has reviewed the application. There's a recommendation from them and your other staff that this should be approved. And I would hope that they would not make that recommendation if they felt that they did not have the right information in front of them. And with that, our objection is noted for the record, and we'll see what the planning commission wants to do. CHAIRMAN STRAIN: Well, the planning commission has already decided this is going to go back to the EAC, Mr. Yovanovich. As far as the debate goes on the merits of that issue, the EAC requirements were not supposed to be waived in cases where there was -- for example, the GMP says exemptions shall not apply to any parcel with an ST or an ACSC -ST overlay, or within the boundaries of sending lands or NRPAs except for single - family homes or as otherwise allowed by the ST or ACSC -ST criteria. This property triggers at least three of those categories. I don't know why or how the EIS was deemed to be waived on that for that reason. But I certainly as a board member here do not agree with that. Now, staff can take any position they want if it falls back on the agricultural use as being a requirement for an allowable use within a sending land. What is allowed is agricultural uses consistent with Sections 163.3162 and 823.14(6) of Florida Statutes, which is the Florida Right to Farm Act. Within that act is a reference to another section of statutes which is Section 193.461. 193.461 pertains to bona fide farm operations, of which your property is not, from my reading of that statute. And therefore, I don't believe, based on that, that you have a sending land capability for permitted use by right. And one step further. If you look at the rural fringe documents, and I have them, and I'll actually '._- • 16, 18► February 15, 2007 read them to you so there's no misunderstanding -- MR. YOVANOVICH: You spoke a little quick for me. Can you tell me what's -- 193 point what? CHAIRMAN STRAIN: 193.461. MR. YOVANOVICH: Is that the basis for why you think we shouldn't be here today? CHAIRMAN STRAIN: That's part of the basis. MR. YOVANOVICH: Do you not have a copy in your backup as we provided this to your staff, a copy of the exemption given by the property appraiser under 193.461? CHAIRMAN STRAIN: The property appraiser does not classify agriculture in the same manner that Florida Statutes does. If you read 193.461, Florida Statute classifies agriculture by the word bona fide farm operations. And it defines what that is. This property doesn't qualify as a bona fide farm operation. The sending lands -- you have three lands in the rural fringe: You have receiving, you have neutral and you have sending. In the receiving and neutral, the agricultural operations are very clearly defined. It will actually state what agricultural operations are permitted uses by right, and the references to the Right to Farm Act are not there. They do show up, however, only in the sending lands. Now, someone intentionally changed that designation and that intention of those three codes. Two of them are consistent. One is not consistent. And I believe in reading the Florida Statutes that that was changed because there's a clear delineation between what the tax assessor sees as agriculture and what Florida Statute sees as agriculture. And that is where my concern comes in. MR. YOVANOVICH: Well, there's -- since you've got all that on the record, I want to put on the record also that there's no question that aquaculture is in fact a bona fide farming operation and is allowed on the property. And that's what we're proposing to do. We have an existing farming designation that has been approved under 193.461, which is what's required under 163.3162. So we have the requirements. We're clearly under this provision of the Florida Statutes. Again, we believe we are under the statute and we're allowed to proceed forward today. However, I understand that the chairperson has the right to send this back to the EAC. The question I would like answered, so I don't come back here today -- come back in a month or whenever it is, is that are we going to have to do an EIS before we go to the EAC? Because I don't want to go to the EAC without an EIS and then come back up here again and find out that the planning commission disagrees and believe we should have to do an EIS. You have the right to send it to the EAC, but I don't know that the planning commission has the right to dictate that an EIS be done. And I just don't want to keep going around in a circle. CHAIRMAN STRAIN: And Richard, I don't disagree with you. I know we have the right to send it to the EAC. I agree with you that it's staffs issues on the EIS. But staff has to abide by the codes and laws of this county, and those are interpreted by our county attorney. So I would hope that the county attorney would weigh in on the precedence of the GMP over the LDC in this regard. MR. YOVANOVICH: Actually, Mr. Strain, if I might -- CHAIRMAN STRAIN: The Board of County Commissioners is -- MR. YOVANOVICH: No, actually, what happens is the Land Development Code says that staff interprets the land -- MR. BELLOWS: For the record, it's the zoning director that has that authority. MR. YOVANOVICH: Now, the attorney will give them advice. They will give advice as to whether or not they agree with staff. And as an attorney, I know sometimes the client doesn't always listen. But it is still the client's call, and then it goes up the chain of command. I believe your staff has already made that determination that we don't have to do an EIS. And if we have to Page 7 Fel§4 15,U7' go to the EAC, we'll go to the EAC. I just don't want to come back again and then get stuck with -- I dont want to be a push me /pull you. CHAIRMAN STRAIN: Maybe I should ask the county attorney then instead of the Land Development Code as a reference, since my concerns come from the GMP language, who has the right to interpret the GMP, Mr. Klatzkow? MR. KLATZKOW: At the end of the day, you are a local planning agency. You are responsible for the comp. plan, not staff. CHAIRMAN STRAIN: All right. MR. KLATZKOW: What I would say to petitioner is that there is an EIS requirement in Policy 6.1.8 within the Growth Management -- CHAIRMAN STRAIN: Would you just -- let Mr. Klatzkow finish, please. MR. KLATZKOW: There's Policy 6.1.8 in our Comp. Plan, and it requires an EIS, all right? And if at the end of the day it's held that in this instance an EIS will be required, then I would venture to say if you go to the -- you go at your own peril. If you want to take a position that as a matter of right you don't need to do an EIS, you go at your own peril. Because at the end of the day if the Planning Commission or the Board of County Commissioners finds an EIS was in fact required, then you're going back to square one. MR. YOVANOVICH: Look, believe me, every property owner in Collier County goes through this process at their own peril. It's a long process. Again, I'm a little frustrated that we're into this thing well over a year and a half to find out that now county staff apparently didn't know what the rules were and we're getting sent back when we spent all this time and effort to resolve the issue. If I'm being told we have to do an EIS because if I don't we're going to be told we had to do one, is that the interpretation of staff that I have to do an EIS? And is that the interpretation of the county attorney's office that I have to do an EIS? Mr. Klatzkow, I don't want to --just tell me I have to do one or I don't. MR. KLATZKOW: What I will tell you is this: The planning commission, okay, when it is approving a development order, must make sure that it's consistent with the Comp. Plan. If they do not feel that at the end of the day this is consistent with the Comp. Plan because there's no EIS, that's their ruling. CHAIRMAN STRAIN: And you run the risk of a negative vote if that is our ruling. So -- MR. YOVANOVICH: Can I ask you to poll the board so I don't go through this? You know, I'm not trying to be obstinate, I just want to know what I need to do. Do I need to -- am I going to have to do an EIS for the majority of the board to at least consider the issue of consistency with the Comp. Plan? CHAIRMAN STRAIN: I have no problem with that. How many members of this panel would render the decision that an EIS would be required for this property? Please signify by raising your hands. COMMISSIONER CARON: (Indicating.) COMMISSIONER ADELSTEIN: (Indicating.) COMMISSIONER MURRAY: (Indicating.) COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: (Indicating.) One, two, three, four, five. Okay, those who feel an EIS is not necessary? COMMISSIONER SCHIFFER: Well -- and it's not that I feel it's not -- Mark, it's a difficult vote, because I would assume the requirements for the EIS are clearly laid out somewhere. And that is where -- CHAIRMAN STRAIN: GMP. COMMISSIONER SCHIFFER: In what section of the GMP? CHAIRMAN STRAIN: Policy 6.1.8 of the CCME. '.•- 161 181 February 15, 2007 Mr. Schmitt? MR. SCHMITT: I'd like to put on the record -- for the record, Joe Schmitt, your Administrator of Community Development and Environmental Services Division. If the applicant wants to argue whether an EIS is required for this petition, the best way to go about it is to submit for an official interpretation. If it's a GMP -- interpretation of the GMP, that interpretation will go to the comprehensive planning director. If it's an interpretation of the LDC, that official interpretation will go to the zoning director. The county attorney then reviews those interpretations for legal sufficiency. So if there's an argument as to whether it is required, then he can go through the official interpretation process. Yes, the county attorney is correct, you as a local planning authority, you have the authority in regards to whether it is deemed consistent with the Comp. Plan. But if this is an argument as to if an EIS is required and they want to pursue that, they can go through an official interpretation. And then that interpretation is rendered by the appropriate authority, either comprehensive planning director or the zoning director. Then they appeal to the board of zoning appeals. That is the proper procedure and that's the way to go on this issue. I don't argue the fact that it may be in his best interest to do an EIS. But if they want a final determination, that is the way to go about it and appeal it to the BZA. CHAIRMAN STRAIN: Thank you, Mr. Schmitt. I believe that this issue has been -- enough information has been supplied to the applicant on this issue. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'd like to hear from staff how this went on for a year and we are now finding out at the last day what's going on. CHAIRMAN STRAIN: Okay. MS. VALERA: Good morning. Carolina Valera, Principal Planner with the Department of Zoning and Land Development Review. Your question is in regards to the environmental determination? COMMISSIONER VIGLIOTTI: Yes. MS. VALERA: Laura is here from the environmental department. MS. GIBSON: Good morning, Laura Roys Gibson, for the record. The reason that we decided to waive the EIS was the background that it's going to be used for aquaculture, which we did feel that was a Right to Farm Act, it was a -- it is a permitted use in sending areas. And as far as the ST designation goes, it's -- when it says EIS shall be required for ST or ACSC -ST overlays, we felt -- ST is for straight STs, not ST as far as wellfield exemptions go. There are specific areas in the county that are designated just as ST areas, special treatment overlay, that have a specific environmental sensitivity in the county. We have never required any EISs for wellfield zones. We would have a lot of EISs if that was the case. There is -- the only way that I could see -- and you know, I've gone over this with senior staff and my director, too, so -- and at first Mr. Fawzy was going to farm non - native species, so an EIS would have been required for that. But then they went and changed the plan -- or didn't really change the plan, changed the species, so the EIS requirement may be waived in 6.1.8 subject to agricultural uses as defined by 9.J.5.003(2), including aquaculture for native species. If you want to say may be waived and make that a requirement, then we could use that. But I just -- we didn't feel that it was -- that an EIS is a requirement for the site or -- CHAIRMAN STRAIN: Well, Ms., you're focused on the ST. And you said you consciously thought about the ST not applying as a -- because it's an ST with a W attachment instead of a plain ST. MS. GIBSON: Right. .= 16, 18k February 15, 2007 CHAIRMAN STRAIN: What was your conscious decisions in writing off the fact that it's a sending land and that it's a NRPA, both of which are referenced in the same paragraph as requiring an EIS? MS. GIBSON: Because it also -- just right above that, that is number three, and then number one is the requirement may be waived for agricultural uses. So it doesn't say except for areas within sending or NRPA lands. It's -- that's the way that we looked at it. CHAIRMAN STRAIN: Okay. Any other questions of staff? (No response.) CHAIRMAN STRAIN: Thank you. MS. GIBSON: And there is a section in the EIS applicability. Any other development or site alteration which in the opinion of the county manager or his designee would have substantial impact upon environmental quality, and which is not specifically exempted in this code could require an EIS. If you want to take a look at that section, too, within the LDC. But we should also look at what their -- we don't believe that there would be any preserve requirements either for this site. There are no wetlands on the site either. So it's -- they will have to go probably pay for some panther mitigation on the site. That's the main environmental concerns, I think. CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Thank you. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Yes. COMMISSIONER SCHIFFER: After reading this, add me to the vote needing the EIS. CHAIRMAN STRAIN: I'm sure Richard will understand where this board's intending to go in regards to that document. If he doesn't want to produce it, then we can deal it when he comes back before US. No other comments from the planning commission? (No response.) CHAIRMAN STRAIN: If not, then we will end this hearing and this will be remanded back to the EAC, as we direct. Thank you. Is there any other old business that the planning commission needs to bring up at this point? (No response.) Item #10 NEW BUSINESS CHAIRMAN STRAIN: New business. We have a request from the comprehensive planning department to look at some dates for the AUIR. And my preference, just so you all know, and I think it's in regards to some of our members who have hearing issues, the CDES room is difficult when it comes to those folks for having to set up the microphones and hear properly. So I think in all cases that we can use this room, we should do so, if that meets with the approval of the rest of the board? And the dates, Ray, that we have for this room are the ones that are on the left side columns of each block. So is there any reason, since those rooms seem to be available on those days, we couldn't use them, Mr. Bosi? MR. BOSL• No, these were the options that were available, and we came seeking the preferences of the planning commission. And you've clearly expressed that you would rather have the meetings within the chamber room, so we will act accordingly upon those wishes. I will say that we have, just as being overly cautious, allocated two days within the May Page 10 161 1 B February 15, 2007 proceedings, which is the evaluations of the level of service standards. And then for the actual hearing of the AUIR, we have three days for the hearing of the AUIR in fallback. Unfortunately the fallback days are going to have to be allocated to the CDES location. And I'm sure the planning commission understands because of the constraints of availability. CHAIRMAN STRAIN: Well, Mike, let me -- in the chart that was provided on the back of our agenda, left hand column, it starts out BCC chambers, LOS workshop, CCPC, May 7th. That would be the first date that we would meet is May 7th? MR. BOSI: The agenda packet has eliminated the May 7th date. CHAIRMAN STRAIN: Okay, well, that's -- we need to know this. COMMISSIONER CARON: Yeah, we didn't know that. CHAIRMAN STRAIN: So the date -- MR. BOSI: I'm sorry, I'm looking at the online agenda of the planning commission. And the May 7th has been removed. COMMISSIONER VIGLIOTTI: You want to see this? CHAIRMAN STRAIN: You might want to -- MR. BOSI: I believe the planning commission, I don't need to -- CHAIRMAN STRAIN: All right, well, let's just walk through the dates. It looks like there's another discrepancy here. The other two dates under that column on the left hand side say -- MR. BOSI: 21st and the 25th would be the two days available in May that the chambers would be available. So those would be your two preferences. And then your fallback date would be the 29th. CHAIRMAN STRAIN: Let's slow down. Let's get this. The two dates, the 21st and the 25th of May are in this room. The fallback position you're talking about on the 29th would be in CDES's workshop. MR. BOSI: Correct. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Why wouldn't we just start on May the 7th and the 21st and have the 25th as our fallback, and then they would all be in this chamber? MR. BOSI: The 7th is no longer available. COMMISSIONER CARON: Oh, it's just no longer available. Okay. Thank you. CHAIRMAN STRAIN: Okay. So what we will have then is the 21st, the 25th in this room. And if we have a makeup day, we'll have to make it up over at CDES on the 29th. Now, the next two columns over, Mike, the BCC chambers 2007 AUIR meeting between the two groups, your first date in there was October 7th. Is that still a good date? MR. SCOTT: That's 2007. I think that's what it means. May, October 2007 -- COMMISSIONER MURRAY: October, '07. MR. BOSI: Is that where the confusion -- does that -- May 07 and October -- that's the year. I'm sorry. And the specific dates within -- that has the day, month and year are the dates that are available. I think we were -- CHAIRMAN STRAIN: Now, if that's a sign that transportation is paying attention, that is good. (Laughter.) CHAIRMAN STRAIN: Okay. Thank you, Don. So if we move down that column, the days for this chamber are October 15th, October 16th, October 26th and October 29th. MR. BOSI: Correct. CHAIRMAN STRAIN: Is everybody okay with that? COMMISSIONER MURRAY: Yes. COMMISSIONER VIGLIOTTI: Yes. Page 11 I If b February 15, ;0P CHAIRMAN STRAIN: Okay, Mike, those are the four days in October. Is that all the information you needed from us? MR. BOSI: Absolutely. I appreciate it, thank you. CHAIRMAN STRAIN: Thank you, Mike, it was fun. Okay, we have -- MR. BOSI: I'm sorry, I apologize, Chairman Strain. Ekna Guevara and Noah Standridge from comprehensive planning have the '05 GMP amendments. And we're going to have boxes available I think for each one of you, because there's going to be a considerable amount of information that you're going to be taking home. Just in -- they're going to ask that -- to coordinate to make sure that everyone has a distribution for the upcoming GMP amendments. CHAIRMAN STRAIN: Good. Does that include the entire amendment or -- because you're going to produce some today and some a week later. Is that still the scenario? MR. BOSI.• I believe that for -- you'll have the application packages from all the amendments. The full applications. Now, the staff reports are not attached with these, just the applications, the backup material, everything that's included within those applications. The staff reports we are planning on distribution for the 22nd, I believe, next Friday is when we're going to attempt to have all the staff reports distributed to the planning commission membership. CHAIRMAN STRAIN: Okay, thank you. We will certainly look forward to grabbing a box on the way out of here. MR. BOSI: Or two. Item #12 DISCUSSION OF ADDENDA CHAIRMAN STRAIN: Okay. Public comment? And then discussion of addendum. Ms. Caron? COMMISSIONER CARON: Yeah, I just had a -- something to discuss. I was hoping that -- the past two or three meetings that this commission has had have been one - agenda meetings. And I am wondering if it is possible when there is only one item, essentially one item, that they be put together so that we only have one meeting, as opposed to two meetings with only one item. It doesn't seem to make good use of staff time to tie up a day if there's only one item. And it certainly doesn't seem to make good use of planning commission time as a volunteer group either. And I don't know if there is some constraint because applicants need to have the time that they want or whether it could all be consolidated into one meeting a month if it -- as it happens, there's one boat dock and one fish farm and one whatever. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: That's your prerogative. We try -- there's two meetings a month as scheduled. We schedule based on the applications that come in. But certainly the effort has always been, as kind of the pressure that we receive, is trying to accommodate at least the petitioner to get before you. But it's certainly your prerogative if we converse with the Chair and want to cancel a meeting and combine issues with the next meeting, that is entirely up to you. COMMISSIONER MIDNEY: I agree. COMMISSIONER CARON: Well, I wouldn't want to push it out of the month. I wouldn't want to push somebody out so that they would miss a BCC deadline or anything like that. But it seems to me that Page 12 16i aR� February 15, 2007 if there is, you know, one boat dock extension, could have been combined with today's meeting and would have been just fine. MR. BELLOWS: For the record, I just want to make it noted that there are some constraints too that we have to work with. One is staff, other priorities or vacations that they may be going on, or the applicant may not be able to attend one week or the other. And sometimes we are forced to have one on one meeting. We do try to combine where possible, but sometimes we have to work around other people's schedules. CHAIRMAN STRAIN: I think it would be the preference of this board to follow Ms. Caron's direction. So if you can, fine. Then we will discuss those agendas as they come up. That would be great. MR. SCHMITT: Would you like us to pass that on to the Chair and let the Chair make a decision? CHAIRMAN STRAIN: You do anyway. But you don't tell me -- what you do with the agenda is I receive them, but I receive the upcoming weeks, not two or three weeks in advance. So if I were able to get two agenda packages for conceptual review in regards to consolidation, that might be an easier way to accomplish the goal. MR. SCHMITT: And we could do that. We could tell you, at least from our forecast, it looks like there may be two on the next upcoming agenda. Naturally, as they do, even with the Board of County Commissioners, we project months out, but oftentimes they slip and about 98 percent of the time they change at the applicant's request, not because of staff. And that's normally what happens in the case here with the planning commission, it will be an applicant who requests a delay for one reason or another. But we will do that. And I think that's a good recommendation, at least on your times, as well as ours. COMMISSIONER CARON: Well, I would think for staff as well. I mean, there are a lot of people that we require to be here when we have our meetings, a lot of your staff, Joe. So I would think that it would be beneficial to staff as well. MR. BELLOWS: Also I'd like to point out, sometimes we have three or four items scheduled, but due to unforeseen circumstances, continuances result and we end up with one on that particular day. COMMISSIONER CARON: And I'm not talking about that kind of instance, Ray. I mean, we all understand that you can have four items on an agenda and all of a sudden the night before we're down to one. And I'm not talking about instances like that. MR. BELLOWS: The way we try to schedule them is as soon as the petitions come -- are submitted to the county and found sufficient, we assign hearing dates. If it's a PUD rezone, it's seven months from the time it's found sufficient. And it's on the calendar, so we can try to work with them and group them on specific days. But during the review process, there are reasons that may require more resubmittals, and those hearing dates can no longer be met. Then we -- at some point we'll try to reschedule those again. But normally we do try to get more than one on one day. But we will work with you on this. CHAIRMAN STRAIN: Thank you. And with that, is there a motion to adjourn? Oh, I'm sorry, I apologize. Item #11 PUBLIC COMMENTS Public comment. We've never had public comment. It's just -- and you sat here so often, I wasn't Page 13 16i. 2 �� February 11, 07 sure if you, like Don Scott, wanted to keep the chair warm or what. MS. PAYTON: No, I stuck around because I wanted to thank you for sending that fish farm back to -- over to the EAC. But I wanted to bring up the issue is that I came here today to not only address environmental concerns we had about the property site, water quality, wildlife depredation, but also the road that's going to be built. And there wasn't any specific reference to the road and the environmental impacts that that road is going to have. When Jessie Hardy dug his aquaculture pond, he started out with a road that I could barely get my Ford Escort down. Once the trucks started coming in and out of there, there was a road that could handle two dump trucks passing each other easily. You could also see the same type of road develop on Sabal Palm Road to handle that. And neither one of those had an EIS, had any permitting review. So I'm urging you to think about that road as well when the EIS is done. Because there are cumulative and secondary impacts to that fish farm. CHAIRMAN STRAIN: Great. And then for the record, that was Nancy Payton. MS. PAYTON: I'm sorry. Nancy Payton, Florida Wildlife Federation. CHAIRMAN STRAIN: Okay. Thank you for the information, Nancy. Appreciate it. Okay, with that, is there a motion to adjourn? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Motion made by numerous people. Meeting is adjourned. Thank you. Please take your box of fun stuff home with you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:09 a.m. COLLIER COUNTY PLANNING COMMISSION MARK P. STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 14 j T H'. {'HAWSHORE /GA FEWAY TRIANGLE REDP.VELOPMEN -r ARIA6 COMMUNITY REDEVELOPMENT .'AGENCY 2140 BANsHoRF DRIVH, UNIT 11 NAPLES, F 34112 P H O N E 239.643.11 15 PAX 239.775.4456 BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday February 6, 2007, 6:00 p.m. 2740 Bayshore Drive Unit 17, Naples FL 34112 p l. D" Aeenda ; 1. Roll Call 2. Adoption of Agenda 3. Adoption of Minutes - Regular Meeting January 3, 2007. 4. Executive Director: a. Presentations: i. Marci Sanders - Naples Shelter Residential Development b. Site Improvement Grant: i. 04/2007 - Luis Fonseca & Idalia Alvarado (Residential) ii. 05/2007 - Debra & Phillip Pierce (Residential) iii. 06/2007 -Rosa Ruvolo & Vito Basile (Commercial) c. Project Updates iala Nalas A-4 ier.ning - -- >° 5. Old Business: a. Chairman Letter to Collier Commission, RE: MSTU Staffing - Neal b. Accept Final Report - Bayshore- Shadowlawn Transportation Corridor Study c. CRA Capital Projects & Debt Financing Report d. Residential Land Acquisition Proposal e. Gateway Mini- Triangle - Thomas 6. New Business: a. Acceptance /Approval of 2007 Workshop Goals and Work Plan b. Marketing Book Contract Approval c. Sweat Equity Grant Program Proposal Approval d. Cultural District "Case Statement Document" Contract Approval e. Authorize CRA Training & Education Travel f Election of 2007 Advisory Board Officers 7. Citizen Comments 8. Adjournment Note: All meetings are publicly notice d in the Harmon Turner Building (Administration Building) and on the Bayshore Gateway Triangle CRA web ,site: www.collierera.com. All meetings are held at the CRA Office. Please call the Bayshore /Gateway Triangle office at (239)643-1 1 l5 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you me entitled at no cost to you, to the provision of certain assistance. Please contact. David Jackson, 2740 Bayshore Drive, Unit 17, Naples, Florida. 34112,(239)643 -11t5. Misc. Come Date: Item #: t 6,1 a Cn T u E BAYS H O R E/ G A T E W A Y TRIANGLE REDEVELOPMENT ARE 161 COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE ONII 17 NA.PLEs, FL 34112 PHONE 239,643.1115 FAX 239.775.4456 BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 6, 2007 MEETING The meeting of the Bayshore /Gateway 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 Agenda: 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 Mard 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 their 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 the 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 05/2007) 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 05/2007. Motion to approve and recommend CRA funding for SIGs 04 /2007 (Luis Fonseca and Idalia Alvarado) and 05/2007 (Debra & Phillip Pierce): Mr. Main. Second: Mr. Gunther. Approved 8 -0. Motion to February 6 2007 CRA -AB Minutes 1 B1 approve and recommend funding for SIG 06/2007 (Rosa Ruvolo 7 Vito Basile) pending County Attorney review and approval: Mr. Main. Second: Mr. Gamer. 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 information 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 information 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 CRA -AB Minutes 2 161 181 for a permanent CRA instead of leasing space had merit and that the old Dixie Plumbing 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 advertising 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- 0. 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 arts programs. He had requested quotes from companies that perform needs assessments and asked for a localized study 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. Gamer. 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 creation 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 its 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 Arts gallery. 8. Adioumment: The regular meeting was adjourned at 7:40pm. February 6, 2007 CRA -AB Minutes 161 1h TH 1: BA YS H OR E/G A'r EW AY T R I ANG EE RED FV ELO PM EN'r ARP: A k,OMMUNITY P EDEVELOPMENT AGENCY 2740 BAYSHOaE DRIVE, UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORElGATEWAY 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 Agenda 1. Roll Call 2 Adoption of Agenda 3. Welcome and Administrative Comments (CRA E.D.) 4. CRA -AB Chairman Welcome and Remarks 5. Redevelopment Overview (CRA E.D) 6. Overview of CRA Accomplishments 2006 (CRA E.D.) 7. Overview of Recommended CRA Projects 2007 (CRA E.D.) 8. Board Discussion & Project Ranking 9. Chairman's Closing Remarks 10. Adjournment Note- All meetings are publicly noticed in the Bannon Tuner Wilding (Administration Building). Meetings are held at the CRA Office. Please all the Bayshore/Triangle office at (239) 643-1115 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please David Jackson 2740 Bayshore Drive Unit 17, Naples, Florida, 34112, (239) 543-111% assisted listening devices for the hearing impaired are available in the Countv Commissioners' Office. THE BAYSHORF./GATEWAY TRIANGLE REDEVELOPMENT AGEN1,6 1 COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE, 11NIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.4456 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 Gamer, 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 CRAB 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 of 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 if 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. Ad ournment: The workshop was adjourned at 6:00 pm. The Advisory Board commenced its February 6, 2007 regular meeting at 6PM. ii THE BAYSHOR F, /GATEWAY TRIANGLE REDEVELOPMENT AGEN('S' COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHONE DRIVE, UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.4456 BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday March 6, 2007, 6:00 p.m. 2740 Bayshore Drive Unit 17, Naples FL 34112' Agenda Roll Call 2. Adoption of Agenda Ir wrll�t .r t.;,.,.•d .,.amrtnsslon�arg 3. Adoption of Minutes — Goals Workshop February 6, 2007; Regular Meeting February 6, 2007. 4. Executive Director: a. Presentations: i. Code Enforcement — Ms Patricia Petrulli b. Project Updates: i. Correspondence ii. Site Improvement Grant SIG 07/2007 Approval iii. 2007 Budget and Debt Finance Update - Jackson iv. Bayshore Project Manager's Update - Jourdan v. Gateway Triangle Project Manager's Update - Ogle 5. Old Business: a. 2007 Workshop Goals and Work Plan i. Advisory' Board Mission Statement ii. Office Space Land Acquisition Discussion - Mears iii. Business Subcommittee — Beattv b. CRA Road Show Presentation 6. New Business: a. CRA 2006 Annual Report b. Bayshore South Lighting Project Proposal - Jourdan c. RFP for Marketing Company — Thomas d. Request for Final Payment — A. Gail Boorman & Associates 7. Citizen Comments 8. Adjournment Fiala VvF H, ✓.= yl e " Coyle C:oietta I/— Note 1: All CRA Advisory Board meetings are held in the Bayshore Gateway meeting Room, 2740 Bayshore Drive, Unit 14. Note 2: All meetings are publicly noticed in the Harmon Turner Building (Administration Building) and on the Bayshore Gateway Triangle CRA web site: www.colliercra.com. All meetings are held at the CRA Office Meeting Room. Please call the Bayshore /Gateway Triangle office at (239) 643-1115 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact David Jackson, 2740 Bayshore Drive, Unit 17, Naples, Florida, 34112, (239) 643 -1115. 161 I B �' ENVIRONMENTAL ADVISORY COUNCIL AGENDA April 4, 2007 9:00 A.M. Commission Boardroom Fiala W. Harmon Turner Building (Building "F ") —Third Floor Halas I. Call to Order Henning_ Coyle II. Roll Call Coietta 111. Approval of Agenda IV. Approval of March 7, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ- 2006 -AR -10698 "Gaspar Station PUD" Section 30, Township 48 South, Range 26 East VII. Old Business VIII. New Business IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment xwwxxwwxxwwwwxwwwwwwxxxwwwxxwxxxxwww : +wwxxwwwwxxwwxxwwwwxx + + +wxxwww Council Members: 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: I Date: Rem #:—/E I l i� 3 Copies to: 16 D 1� March 7. 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 7, 2007 LET IT BE REMEMBERED, that the Collier County Environmental 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 James Harcourt William Hill Lee Horn (arrived at 9:07 a.m.) Dr. Judith Hushon Roger Jacobsen Iry Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Jeff Wright, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist Summer Arague, Senior Environmental Specialist 161 ls3 March 7. 2007 L Call to Order The meeting was called to order by Chairman William Hughes at 9:01 a.m. IL Roll Call A quorum was established with Lee Horn absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Hill. Item "VIL Land Use Petitions, C. Immokalee Road South MGPUD" has been continued; and item "VII. Land Use Petitions, E. Future Land Use Element" has been withdrawn. Mr. Penniman amended his motion to exclude "C" and "E ". Mr. Hill amended the second. Motion carried unanimously 7 -0. IV. Approval of February 11, 2007 Meeting minutes Change: - Page 4, paragraph four should read "loud noise ". - Page 3, "tillandsia" - Page 5, "Alley" - Page 5, Dr. Hushon's comments should have the addition of "management plans and keeping storm water out of preserves." Mr. Hill moved to approve the minutes as amended. Second by Dr. Hushon. Motion carried unanimously 7 -0. V. Upcoming Environmental Advisory Council Absences William Hill will not be in attendance for the May and June meetings. VI. New Business A. Gopher Tortoise Management Plan Presentation - Ray Ashton and staff Barbara Burgeson, Environmental Services announced that the "Draft Gopher Tortoise Management Plan" which was distributed to the Committee Members is open for comment (see attachment). Lee Horn joined the meeting at 9:07 a.m. 161 193 March 7, 2007 Barbara Burgeson pointed out a few places for the Committee to review: - Page 7, Chapter 3 - Page 11, Chapter 4 - Page 16, the 25 foot zone, site development, preserves, and permits - Page 24, local government coordination The Committee was invited to contact Barbara Burgeson about the Plan if there were any questions, issues or concerns. Ray Ashton gave kudos to the County Staff. The Plan has been 25 years in the making. He suggested the Committee review the Plan keeping in mind "What is the conservation value of each issue." Less than 10% of people want a tortoise on their property. It was suggested that funds from permit fees be sent to the local governments instead of Tallahassee. When tortoises are preserved it also assists to preserve other species. The goal for the Plan is to be self sustaining. A trust fund is being looked at in order to have continual funds for the program. If the land is not managed now then in 19 -21 years gopher habitat will be lost. Ile mentioned that monitoring of tortoises is not within the Plan; which he feels it should be. Cattle pasture and groves are some of the best lands for tortoises; therefore farmers, with reimbursement are willing to have tortoises on their properties. If the County is rehydrated he feels it could affect tortoises. He feels there is no longer any reason to have massive incidental takes. He would like some of the funds for a take permit to be put toward relocation, if the tortoises are being relocated. He then reviewed his extensive background on working with tortoises. lie added that it has been his experience that when estimating the number of tortoises in an area the number is generally off by 40 %. He has found that there really aren't abandoned burrows, the young tortoises use them. The `number of tortoises' is the method of determining mitigation cost according to the Plan; this creates the potential to make the tortoise into an economic predator. He suggested that a plan for the available population of tortoises within Collier County be set up. His web site is www.ashtonbiodiversity.org. The meeting recessed at 10:12 a.m. reconvening at 10:28 a.m. Nick Penniman did not rejoin the meeting after the recess. VII. Land Use Petitions A. Planned Unit Development Rezone No. PUDZ -A -8997 "Wolf Creek PUD" Section 134, Township 48 South, Range 26 East - Presenters were sworn in. 161 1 B3 March 7, 2007 Jeremy Sterk, Hoover Planning and Development demonstrated an aerial map of the property, a map showing the location of the property, a wetland map, and a map showing how the future development in the area will look. Stan Chrzanowski demonstrated the water flow within the area. Nick Penniman rejoined the meeting at 10:39 a.m. Dr. Hushon pointed out that the EIS shows the preserve being used for water quality treatment. Dave Underhill, Banks Engineering responded that it is not their intention to use the preserves as water treatment. Water quality treatment will be done before any water is directed to the onsite preserve. Dr. Hushon requested that the EIS be corrected. Jeremy Sterk added that there are talandsia on the site which can be relocated for preservation within the preserve area. County Staff recommends approval with the following conditions: a modification of their existing District Permit would be required prior to final development order, and the corrected EIS. Mr. Hill moved to approve Planned Unit Development Rezone No. PUDZ -A -8997, "Wolf Creek PUD ", Section 134, Township 48 South, Range 26 East with County Staff stipulations. Second by Dr. Hushon. Motion carries unanimously 8 -0. B. Planned Unit Development Rezone No. PUDZ- 2006 -AR -8997 "Buttonwood Preserve PUD" Section 35, Township 48 South, Range 26 East - Presenters were sworn in. Melina Mandiahoff, Passarella & Associates demonstrated the location of the property and an aerial photograph. She then demonstrated the proposed site plan. Thirteen point five acres of native vegetation will be preserved. Ninety-seven point seven percent of wet lands will be preserved. One gopher tortoise burrow and two big cypress fox squirrels were observed on the site. No soil sampling was done. Michael Delate, Q. Grady Minor & Associates, P.A. concurred with the Committee that soil testing should be done where the tree farm was located. Stan Chrzanowski demonstrated the water flow within the area 161 1B3 March 7, 2007 County Staff recommends approval with soil samplings required at the next development order. Mr. Hughes requested a copy of the soil tests. Nick Casalauguida, Transportation noted that "free Farm Rd. will be a public road. There are no wildlife crossings set out for the current road plans. The development and permitting of the road is being coordinated with all the developers. Mr. Jacobsen moved to accept Planned Unit Development Rezone No. PUDZ- 2006 -AR -8997, "Buttonwood Preserve PUD ", Section 35, Township 48 South, Range 26 East with the staff recommendation of soil testing. Second by Mr. Hill. Motion carried unanimously 8 -0. C. 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] - Presenters were sworn in. David Week mentioned that this had been reviewed at the previous Environmental Advisory Council meeting. Mr. Jacobsen disclosed that he visited the site. David Weeks continued that it was inconclusive according to the submitted information what the habitat of the land was. It was found after visiting the property that the Northern portion of the property separated by Tomato Road was found to be farmed land. The property to the South of Tomato Road was found to have native vegetation intact. The recommendation is that the Northern portion of the property be designated receiving, while the Southern portion is recommended for sending designation. Public- Brad Cornell, Collier County Audubon Society feels that it is appropriate to leave the lands as sending since not all of the lands within the sending designation are pristine habitat. 161 1P March 7, 2007 Tim Hancock representing Six L Farms feels that the question at hand is "Should the lands ever have been sending in the first place ?" For this land to be restored the farm water pumping pipes will have to be removed. Mr. Jacobsen moved to accept staffs recommendations to change the one area from sending to receiving. Second by Dr. Hushon. Motion carried unanimously 8 -0. D. CPSP- 2005 -15, Petition requesting an amendment to the Transportation Element (TE), to add new Policies 3.5, 3.6, 3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TC PPs), Transportation Corridor Preservation Maps (TCPMs), and associated tables and ordinances, to proved for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Planning Director] Nick Casalanguida reported that the Environmental Advisory Council had given unanimous approval on this Petition previously; it has since been condensed after County Attorney review (see attachment). It was noted that the language has been changed so that the County does not have to mitigate for preserve land taken when constructing a road. Public- Nicole Ryan, Conservancy of Southwest Florida feels that it is unfortunate that mitigation has been removed for preserves. She suggested looking at incorporating medians as water treatment. The Conservancy of Southwest Florida plans to participate in creating the language for the Thoroughfare Corridor Protection Plan. She suggested that a member of the Environmental Advisory Committee also join. Nick Casalanguida agreed to relay Dr. Hushon's concerns with taking preserves with no mitigation when he makes the presentation to the Board of County Commissioners. Mr. Penniman moved to recommend approval of CPSP- 2005 -15 with strong support for the public process that this move from the policy to LDC and that deep concern is expressed about taking of preserve land which should be mitigated for. Second by Mr. Hughes. Motion carried unanimously 8 -0. The meeting recessed for lunch at 11:58 a.m. reconvening at 12:40 p.m. Lee Horn did not rejoin the meeting after the lunch recess. 161 1B3 March 7, 2007 Mr. Hill moved to interchange the next two agenda line items. Second by Mr. Sorrell. Motion carried unanimously 7 -0. E. Winchester Lake Additional Depth Section 16, Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] Presenters were sworn in. Stan Chrzanowski demonstrated the location of the project. He mentioned that originally they were going to dig 25 ft. down. They would like to turn the project into residential so they need to get permission to dig 5 feet deeper. He does not see a downside to the project. Michael Delate, Q Grady Minor & Associates added that the project is 650 acres that have already been impacted. He requested that the protected species survey be deferred so that excavation can continue. Mr. Hughes expressed concerns with hitting aquifers and cross contamination. He suggested that it could be used as a reservoir pond in the future. Brian Barnes responded that a monitoring plan and best management practices can be set up. Discussion ensued on the possibility of the developer filing for a PUD in the future. County Staff requested that the wildlife survey stipulation remain, since they have not had the opportunity to evaluate the site. Mr. Hill moved to recommend approval as stipulated by staff. Second by Mr. Dolan. It was the Committees concern that the protected species survey can be worked out in the field with staff. Motion carried unanimously 7 -0. F. CP2005 -12, Petition requesting and amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) 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 i6 l �3 March 7, 2007 uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Management Element C( CME), 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, 32, Township 49 South, Range 27 East, consisting of 950 acres. [Coordinator: Corby Schmidt, Principal Planner] Mr. Penniman, Mr. Sorrell, Dr. Hushon and Mr. Jacobsen disclosed visitation of the project site. Wayne Arnold, Q Grady Minor & Associates noted that the project is 950 acres proposed amendment to re- establish the mining rights. He introduced the team for the project. Joe Bonness, Southern Sand & Stone gave a power point presentation (see attachment) demonstrating the location of the land. They had looked for a large plot of land away from the larger population for mining. He demonstrated the location of the local mines and the current land use of surrounding lands, along with a map showing lime rock and wet land location in the surrounding areas. A map of Red Cockaded Woodpecker habitat was shown (see attachment). He added that the habitat land will need human assistance to be able to continue as Red Cockaded Woodpecker habitat. He mentioned how some wildlife take advantage of the mining plants attributes. He demonstrated proposed streets, preserves, and mines noting that the road would be one way with speed restrictions. If the land were used for fanning it would take about 550 acres the mining lakes and service area should take around 450 acres. Wayne Arnold reviewed the "Environmental Advisory Council Staff Report" (see attachment). He would like the language to: - Continue as `permitted use by right'. - Have a minimum of 55% of present native vegetation retained onsite with 60% for total preservation. - Be eligibility for TDR credits. - Have an attachment demonstrating which lands will be mined. - Night hulling permitted. - 450 acres capped for mining and mining - related activities. Wayne Arnold agreed with Mr. Dolan's suggestion of placing a conservation easement on the lands outside of the 450 mining acres. Roy DeLatell noted that new birds were seen on the Hussey property but it is unknown from where they originated. He feels that the proposed preserved land can hold more than two Red Cockaded Woodpecker clusters. 161 1 B3 March 7, 2007 Joe Bonness responded to Mr. Penniman's issue that it is understood that some of the best mining could very well be under the Red Cockaded Woodpecker habitat. Rich Yovanovich from Goodlette, Coleman & Johnson, P.A. committed that the blue area on the displayed maps are the locations of the mining operation and a conservation easement will be placed on the white areas. It is their position that the lands are sending and therefore should be compensated for giving up the residential uses on the property even after earth mining. The funds from the TDR's will be utilized for habitat management. It was noted that Dr. Hussey owned all the rights of the property including oil and mineral rights. Dr. Hushon suggested that the Transportation Department should address the night hauling issue. She also suggested looking at changing the property to neutral lands. Joe Bonness responded that the mining lake to the South is estimated to be dug down around 50 feet while the lake to the North might have locations that can be dug to 85 feet. Dr. Hushon suggested having a shelf around the lake for wading birds. Rich Yovanovich agreed that they planned on putting in a shelf. Ray DeLatell noted that artillery sites have been some of the best locations for the Red Cockaded Woodpecker in response to Mr. Penniman's concern with loud noises. Blasting times being of minimal consequence was discussed. Areas can be pre - blasted for the Red Cockaded Woodpeckers nesting season. Truck noises were also discussed. Joe Bonness agreed not to build roads near nests during nesting season. Rich Yovanovich reviewed the benefits of the project as the addition of 100 preserved acres since the land will not be used for farming, development rights are being given up and Collier County needs the material to be mined. Corby Schmidt, Comprehensive Planning Department made known that staff recommendations included that the use remain `conditional' because the approval process would be significantly different, preservation remain at 80% with 55% on site preservation, and no night hauling so the that the animals active at that time not be disturbed. It is agreeable to move the 350 acre maximum mined acreage to 400 with enhanced littoral areas. The `right -to- farm' would not be as easy to get as presented. Staff stipulation gave the 161 193 March 7. 2007 alternative to grant TDR's for the undisturbed lands. The hauling routs for trucks need to be looked at carefully. County Staff brought out that the land is within priority panther habitat. A commercial excavation permit does require a neighborhood informational meeting, advertising, planning commission hearing, traffic or zoning review. A `right -to -farm' was issued. The mining lakes would not technically require a littoral shelf, they are only required for storm water ponds. Rich Yovanovich committed to 15 acres of littoral shelf, and limiting the use to mining practices only. Maureen Bonness preferred that the TDRs be permitted on the lake lands so that there will be funding for land management, with the potential to have an endowed fund with a board of directors. Mr. Hill moved to recommend approval of the project with their concessions along with the stipulation that funds from the lake TDRs go toward an endowment fund and accept what the applicant is asking. Second by Mr. Dolan. Rich Yovanovich agreed to: - 15 acres to lake littorals - Lake TDRs going to an endowment fund with a board going for non -lake acres - 60% native preservation requirement with 55% on site, 5% off site - 400 acres of lake excavation area according to the demonstrated map - No road building during nesting season - Permitted use for only earth mining, asphalt, and concrete plants - Take steps to control noise from hauling - Rescind the agricultural permit upon adoption - Prohibit all residential building Motion was 4 -3 with Mr. Penniman, Dr. Hushon, and Mr. Jacobsen against. Jeff Wright read from the ordinance: "An affirmative vote of 5 or more members shall be necessary in order to take official action regardless of whether 5 or more members are present." Dr. Hushon moved to accept as a `conditional use' not `permitted', no TDRs for the lake area, 80% preservation and other than that have it set up as the previous motion. The motion was not considered due to a lack of second. 10 161 1B3 March 7, 2007 The presenters asked for a moment of discussion. The meeting continued with the idea to return to the line item. VIII. Old Business Summer Arague presented that Hamilton Greens Residential PUD was adopted by the Board of County Commissioners. Mr. Hughes announced that South Florida Water Management issues have taken in the Environmental Advisory Committee concerns. IX. New Business Mr. Hughes will present the Four Year Review of the Environmental Advisory Committee to the Board of County Commissioners on March 13`h at 10:30 a.m. X. Subcommittee Reports None XL Council Member Comments A. Discuss Applicants Contacting Members /Provide Members with County E -mail Summer Arague asked if applicants can contact Committee Members through home telephone numbers, personal email, or a County email address. The Committee agreed that the County contact them with the requesting person's information. VII. Land Use Petitions (continued) F. CP2005 -12, Petition requesting and amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Mao 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 Manaeement Element C( CME), 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, 32, Township 49 South, Range 27 East, consisting of 950 acres. 11 161 1 g� March 7, 2007 [Coordinator: Corby Schmidt, Principal Planner] Rich Yovanovich agreed to accommodate 80% preservation, with no TDRs from the lakes, and putting the non mining land into conservation. Mr. Sorrell moved to approve with the following stipulations: 80% preservation, 15 acres to lake littorals, it will be set as a `permitted use', lake TDRs going to an endowment fund for threatened and endangered species with a board going toward non -lake acres, 400 acres of lake excavation area according to the demonstrated map, no road building during nesting season, permitted use for only earth mining, asphalt, and concrete plants, take steps to control noise from hauling, rescind the agricultural permit upon adoption, prohibit all residential building, non mining land (or the white area as shown on the demonstrated map) be in conservation. Second by Mr. Dolan. Motion carried 5 -2 with Mr. Jacobsen and Mr. Penniman opposed. Mr. Jacobsen objected to it being a `permitted use'. Mr. Penniman objected to the motion because he feels it is clearly in contradiction to the concept of `sending lands'. XII. 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 4:10 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes approved by the Board /Committee on as presented or as amended 12 I. II, ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF April 4, 2007 NAME OF PETITIONER/PROJECT Petition No.: Petition Name: App I i c ant/D evelo per: Engineering Consultant: Environmental Consultant: LOCATION PUDZ- 2006 -AR -10698 Gaspar Station PUD A.GROVER MATHENEY WILSONMILLER, INC. WILSONMILLER, INC. 1 6 1 1 B 3 Item VI.A. The subject property, consisting of 17.7+ acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the I- 75/Immokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - PUD Immokalee Road then Carlton Lakes PUD, approved at a density of 3.35 units per acre S - PUD Livingston Lakes, a developing residential project, approved at 7 units per acre E - PUD Donovan Center PUD, developed as a Wal -Mart superstore and Summer Lakes residential project, approved at 6.64 units per acre W - Agriculture an undeveloped approximately nine acre tract IV. PROJECT DESCRIPTION The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre, office uses at a rate of 15,000 square feet per gross acre and hotel /motel use at a rate of 26 units per gross acre. The PUD 161 193 EAC Meeting Page 2 of 7 allows for a mix of Interchange Commercial (as described in the Growth Management Plan [GMP]). The project is bordered by Juliet Boulevard on the east, and a Wal -Mart; on the north by Immokalee Road and Carlton Lakes; to the west by an approximately nine -acre, undeveloped agriculturally zoned tract; and to the south by lands within Livingston Lakes PUD, a residential project. The subject property is currently undeveloped. The PUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, and Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, the final determination of concurrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for Interchange Activity. B. Conservation & Coastal Manaeement 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 interconnected dry detention areas and a wetland to provide water quality retention and peak flow attenuation during storm events. 161 1B3 EAC Meeting Page 3 of 7 The Gaspar Station project will preserve its required amount of native vegetation. No submerged marine habitats are proposed for impact and the site is not contiguous to natural reservations. Habitat management and exotic vegetation removal /maintenance plans will be required at site development plan submittal and have been provided as part of the EIS. 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 proposed preserve area is located along the southern boundary of the site allowing for interconnection to the adjoining off -site preserve area located on the Livingston Lakes PUD. Littoral shelf planting areas within the wet detention pond shall be required at the time of Site Development Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD Master Plan. Activities detrimental to preserve areas have been excluded from the preserve as required by the conservation easement. Use within the preserve areas are in accordance with Policy 6.2.5(5)(d). Uses within the preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation, and preservation. The proposed 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. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in this EIS. No adverse impacts to potential listed species are anticipated to occur as a result of the proposed future development of Gaspar Station PUD. Therefore, the project is consistent with the Objectives and Policies of Goal 7. VL MAJOR ISSUES A. Stormwater Management 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 into Preserves as allowed in Section 3.05.07." 161 103 EAC Meeting Page 4 of 7 County Staff could not find reference to a SFWMD permit for this site on the SFWMD website, but due to the presence of wetlands on site, this petition will be reviewed by SFWMD. Gaspar Station is located within the Cocohatchee River Drainage Basin, which has an allowable discharge rate of 0.04 cfs per acre per Ordinance 2001 -27. The Cocohatchee Basin has this low discharge rate, which is about a quarter of the County's standard rate of 0.15 cfs per acre because the basin was analyzed many years ago and was found to have had its capacity stressed, so the allowable remaining capacity was divided among the remaining parcels. The stormwater management system consists of a 2.1 -acre lake and the usual perimeter berm and stormwater piping.. The system is designed to provide for water quality retention and to attenuate the water quantity discharge. The discharge will be to the north into the Cocohatchee Canal as per the Collier County Drainage Atlas. B. Environmental 1. Site Description The subject property is approximately 17.7 acres in size. The Juliet Boulevard easement accounts for approximately 1.4 acres, leaving 16.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress- Pine - Cabbage Palm, Exotics 25 -49% (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25% to 49 %), and 0.40 acres of Cypress- Pine - Cabbage Palm (Exotics 25% to 49 %). 2. Wetlands There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD performed an informal wetland determination on August 9, 2002. A copy of the SFWMD informal jurisdictional wetland sign -off exhibit is included with the EIS submittal (See Exhibit G). Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The presence of Immokalee Road and associated canal, I -75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper. 3. Preservation Requirements The site is approximately 17.7 acres in size and contains approximately 16.3 acres of native vegetation. The Juliet Boulevard easement impacts 1.4 acres of habitat. 161 103 EAC Meeting Page 5 of 7 Fifteen percent (15 %) of native vegetation on the site is required to be preserved. Therefore, approximately 2.4 acres of native vegetation are required to be preserved on the site: (16.3 X .15 = 2.4). Approximately 1.7 acres of pine flatwoods and 0.7 acres of pine flatwoods- graminoid understory will be preserved. The preserve will connect to the Livingston Woods PUD preserve to the south. 4. Listed SDecies Evidence of wildlife utilization on the site was minimal. The site is not currently inhabited or utilized by endangered, threatened or species of special concern. Wilson Miller ecologists have performed listed species surveys on the subject property through the 1990's and early 2000's. In March and April 1993, Wilson Miller ecologists performed a listed species survey and a red - cockaded woodpecker (RCW) survey on the property. Approximately 100 hours were spent conducting the surveys and no listed species, RCWs or cavity trees were observed on the site. On June 16 through July 9, 1999, WilsonMiller ecologists performed a RCW nesting season survey on the subject property. Approximately 40 hours were spent performing the survey and no RCWs, cavity trees, or other listed species were observed on the site. In August 2002, October - November 2004 and February 13 through 17, 2006 WilsonMiller ecologists performed listed species surveys on the subject property. No listed wildlife species, RCWs, or cavity trees were observed on the site. Another listed species survey was conducted by WilsonMiller in February 2006 and no listed species were found. There is a potential for the Big Cypress fox squirrel and the Eastern Indigo snake to utilize the site. A Big Cypress fox squirrel management plan has been prepared and is included with this submittal as Exhibit J of the EIS. An Eastern indigo snake management plan has also been prepared and is included in this submittal as Exhibit K of the EIS. VII. RECOMMENDATIONS Staff recommends approval of Gaspar Station PUDZ- 2006 -AR -10698 with the following stipulations: Stormwater Manaeement and Environmental 1. A SFWMD ERP must be obtained prior to the next development order approval. 161 183 EAC Meeting Page 6 of 7 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMER ARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, A.LC.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 16 193 EAC Meeting Page 7 of 7 REVIEWED BY: BARBARA S.BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR JEFF WRIGHT DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR i COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, March 21, 2007 - 200 : -m- -AL Library, iala AGENDA Haia Henning— Call to order Coyle Goletta Approval of Minutes Literacy Program Report i}{ ff � Report of Officers Communications a — Written lie b - Personal Unfinished Business 1. Employee of the Month - March 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 Misc. Comes: Date: SJ /I item # p� 16! 1 Naples, Florida, February 28, 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 L. Bettinger- Hennink Andrew Reiss ABSENT: Karen Louwsma ALSO PRESENT: Marilyn Matthes, Library Director Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of January 31, 2007. Mrs. Murray noted a minor spelling error. Mrs. Hennink moved, seconded by Mr. Reiss and carried unanimously, that the minutes be approved as corrected. REPORT OF OFFICERS — None COMMUNICATIONS Mrs. Lewis shared a letter she had received from State Senator Burt Saunders thanking her for her efforts regarding increased funding for state libraries. UNFINISHED BUSINESS — None The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, to select Sharon Keshock, Library Assistant at the Headquarters Library, as Employee of the Month for February 2007. In reference to the Golden Gate Library Construction, Mrs. Matthes stated that the building permit is ready and that groundbreaking should take place very soon. In reference to the South Regional Library, Mrs. Matthes reported that the plans are 100% completed. A contract will be presented to the BCC sometime in April. In reference to the construction of the Rose Hall, Mrs. Matthes stated that the Marco Chapter of the Friends of the Library is seeking more funds. To that effect, a jazz concert is being planned for March 4, 2007. 169 1V NEW BUSINESS —None GENERAL CONSIDERATIONS Mrs. Matthes spoke about the events the Friends of the Library are working on to celebrate the Library's 50`h anniversary. Mrs. Bettinger - Hennink suggested incorporating the representation of a local school. Mrs. Matthes thought it would be a good idea to bring this up to the Friends' Board. Mrs. Lewis suggested adding a time capsule to the celebrations, also. Lastly, Mrs. Lewis asked if the next meeting date could be moved to March 2l". All agreed. Mrs. Matthes reported that circulation statistics are pretty high so far this year in most of the libraries. Mrs. Matthes discussed the new option of paying fines online. A motion for accepting credit cards and debit cards for payment of fines online was presented by Mrs. Lewis. Mrs. Bettinger - Hennink moved, seconded by Mrs. Murray and carried unanimously, to accept credit cards and debit cards for payment of fines online. REPORT OF THE FRIENDS Mrs. Matthes reported on behalf of the Friends that the City of Naples had recently recognized the Friends of the Library at one of their regular meetings. 093NI91921i i�7►�II There being no further business to come before the Library Advisory Board, Mrs. Bettinger - Hennink moved, seconded by Mr. Reiss and carried unanimously, that the meeting be adjourned. Time: 3:00 p.m. 161 19!5 t-- 4k' J mol i:adrc; o? l::wnh; Can�missran„rs M.S.T.U. ADVISORY COMMITTEE Fiala f Halas Henning__!— ._ —__. Coyle Coletta _ - ---- March 28, 2007 AGENDA 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 The next regularly scheduled meeting is April 25, 2005,4:30 p.m. At the Immokalee Community Park Misc. corn . 321 First Street South, Immokalee, FL ✓ g, Date: l� d � 1 t tem #._ 1 5 161 COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Minutes of Thursday, February 22, 2007 HELD AT COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Raymond Cabral Manuel Gonzalez Also Present: Ms. Colleen Greene, Assistant County Attorney "t; Fia!a l!l' Y 1 =• The February 22, 2007 Meeting of the Hispanic Affairs Advisory Board (HAAB) was cancelled because there was no ouorum. Two members of the board were present, together with the Assistant County Attorney. Prepared by Odalys Valdes, Legal Secretary, County Attorney's Office. Apprpved by the Hispanic Affairs .l .. h .2007. Attachments: None 04COA- 01136/303 Board _n/-,this F-- day of W Dair Iten 1cn Q Coc 16? M W O • • • �(iN'� Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 February 15, 2007 Contact: Sandra Arnold - Lawson Public Information Coordinator (239) 774 -8308 FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) COLLIER COUNTY, FLORIDA Thursday, February 22, 2007 6 P.M. Collier County Government Center Administration Building F, 3,d Floor 3301 E Tamiami Trail Naples, FL 34112 NOTICE ++ All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ++ For more information, please contact Colleen M. Greene at (239) 774 -8400 ++ If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774 -8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004 -05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. AGENDA I. 6 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes From January 25, 2007 Meeting IV. New Business V. Old Business a. Review Cosme Perez's report `Hispanics Find Jobs Everywhere in Collier County, except with the Bigger Employer: The Collier County Human Resources.' VI. Public Comments VII. Board Member Comments VIII. Meeting Adjourns -End- l6 IS 1& COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Minutes of Thursday, January 25, 2007 Held at The Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 Present: Absent: Raymond Cabral Manuel Gonzalez James A. Van Fleet Renato Femdndez Cosme Perez David Correa Ernesto Velasquez Also Present: Ms. Colleen Greene, Assistant County Attorney Ms. Tammie Nemecek from the Economic Development Council The January 25, 2007 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:04 p.m. The agenda was approved by a vote of 7 -0 with James A. Van Fleet making the motion and Mr. Femdndez seconding it with changes removing "Welcome New Members ". The minutes from the November 30, 2006 HAAB Meeting were reviewed. Correction to Page 3 paragraph 1 by Manny Gonzalez "identify their own training needs." Page 5, Manny Gonzalez added "for example" Venezuela, Brazil & Argentina. Cosme Perez questioned the accuracy of the minutes on Page 5. Cosme Perez's motion that Manny Gonzalez's statement on Page 5 is not accurately reflected and therefore Cosme Perez's statement does not make sense. Motion seconded by Ernest Velasquez. New Motion was made to remove Cosme Perez's statement; vote 4 -3. Motion fails due to the ordinance requirement for five (5) affirmative votes to take action. James Van Fleet's motion, seconded by Ray Cabral. Colleen Greene to make a note on minutes reflecting confusion over conversation and minutes as reflected. Manny Gonzalez introduced topic re: voting for new Chairperson and Vice Chairperson. Manny Gonzalez reviewed HAAB Goals, Objective and Accomplishments. Manny Gonzalez also discussed affordable housing and the dilemma the BCC faces. HAAB has successfully addressed schools and law enforcement. Still need to address health care and elections. Hispanic community needs to get educated on elections. Finally, the employment issue - Poor education leads to poor jobs which leads to not being able to buy a house. Manny Gonzalez talked further about housing crisis due to problems with home loans, etc. 161 I B� The BCC is well aware of at least three of our issues. We have identified six. The Chair needs to be ready and willing and patient enough to get involved. Manny Gonzalez asked each person individually whether they are interested in being Chair. No Volunteers. Ernesto Velasquez suggested using the nomination process. Obviously everyone sitting here is committed. Ray Cabral nominated David Correa for Chair. David Correa has the experience. Motion seconded by Manny Gonzalez. David Correa was previously Chair for four (4) years. It is time consuming and hard to attend all meetings and obligations. Declined. David Correa nominated James VanFleet, motion seconded by Cosme Perez. Cosme Perez wanted to mention function of Chair in the past. The Chairman in the past has been lost in the mission due to the BCC. Chairman has to know what the function of HAAB is. We are not leaders of Hispanic community; we are a link between the community and the Board of County Commissioners. We need to find ways to communicate with BCC. Link the Hispanic community leaders to the BCC. Chairman must lead. Mr. Fernandez said it's too bad that Cosme Perez did not have time to attend the meeting with the BCC. We can't go in to the community and present to the BCC. We have to listen to the community. We need the community to come to us. Manny Gonzalez said BCC told HAAB that HAAB must always notify BCC before acting — even if County Attorney has approved. The HAAB has agreed on six (6) issues. Our mission has not changed. Dr. VanFleet accepted nomination. Motion made, unanimous vote 7 -0. New Business Guest speaker: Tammie Nemecek from Economic Development Council Mission — retain and create high wage jobs in Collier County. Median household income: $66,000.00 [Presentation on hypothetical community 300 acres in Eastern Collier County, 2,000 residential units with business parks.] Family of four (4); no more than 30% of income spent on housing. EDC is looking for community support! Funded 40% by BCC. N 16� Cosine Perez asked how the HAAB can help! The EDC wants HAAB's support. Education, jobs and housing are inter - related. We want to provide continued opportunities for upward mobility. The EDC is always looking for volunteers. Dr. VanFleet asked whether the EDC has researched "minimal housing." CBS similar to the size of a garage with kitchen and bath. Consider those with income levels less than $30,000.00. Immokalee per capita income is $8,500 - $9,000.00. David Correa asked about housing for County employees, teachers, health care workers, etc. EDC does not compete with Habitat for Humanity. Habitat says they have enough land for about nine (9) years. Ernesto Velasquez asked about the restrictions on resale. The resale and profits will be limited. Ernesto Velasquez asked how people can use the EDC to get better jobs; especially higher paying jobs. Ray Cabral asked how Ave Maria affects the EDC and its plans. Old Business HAAB amendment on February 13, 2007 BCC Agenda. Board Member Comments Manny Gonzalez reviewed the attachments to the November 30`h meeting. Specifically Cosine's report on Jobs in Collier County. Manny Gonzalez asked about Chapters 5 & 6. Manny Gonzalez asked whether Collier County has the money for these programs. Also Chapter 7 — Cosine writes "this is a more complicated than it seems." Also, what is Chapter 8 about regarding tuition and jobs that require training. Manny Gonzalez thinks work -study programs are a good idea. We need to find an incentive for these kids to stay in school. 3 161 10u Finally, Chapter 9 — jobs for professional Hispanics. What professionals are you referring to? Manny Gonzalez asked what Cosme wants to relay to the BCC? Chapter 11 Paragraph 3 — regarding political districts. Cosme Perez asked why this item is up for discussion today. Cosme Perez refused to discuss unless the item is put on the agenda for the next meeting. Cosme Perez requested the report be placed on the next agenda. Manny Gonzalez comments: 1. Training available in Immokalee at career center a. Jobs including: security, nursing, International College; 2. Dream Act a. Conditional visa for illegal immigrants b. Development c. Relief d. Education for aliens, minors. teaching partially subsidized by Cosme Perez requested that Manny Gonzalez not direct his comments to Cosme Perez. 3. Restaurant owners in Immokalee. For the new Chair and Vice Chair, should Manny Gonzalez continue with Supervisor of Elections and Sheriff's Office. Ernesto Velasquez asked whether HAAB has to end at 8PM. I thought we were done with Cosme's report. I think Manny Gonzalez misunderstands Chapter 9. Manny Gonzalez said Ernesto Velasquez opened door for rebuttal. Cosme Perez — Collier County is becoming more and more heterogenic. More Hispanics Cosme Perez — relayed story about visiting a car dealership. The man could not afford the vehicle. It is a problem of identity. The Federal Government is doing something now. We are part of the Fed Govt. We can help BCC deal with these problems. People must be documented. It is not an immigration problem — it is our problem. Cosme Perez wants these people to go to lawyers and get help, but they are scared. Let us not discriminate. Let us help every citizen. Citizens that don't vote. Residents that don't know how to become citizens. We have to find ways to legalize these people to avoid further problems: Crime. 19 161 1 B Mr. Fernandez Congratulated Dr. VanFleet and David Correa. I understand that our meetings are not time - restricted. Members of the community should know what our goals are. After five (5) years living in this country, a person should be able to become a citizen without paying a lawyer. David Correa — I believe the education and training is already available. The schools can't keep the classes full. The public schools offer free English classes. Dr. VanFleet — Thank you for your vote of confidence. EDC presentation is a good start. At 8:00 p.m., moved meeting to be adjourned, and seconded his motion. The motion passed 7 -0. Prepared by Odalys Valdes, Legal Secretary, County Attorney's Office. APp�,proved by the Hispanic Affairs Advjsory Board this 2 day of ,,T rove d I --, I 1 ) /I)l Attachments: 1. February 22, 2007 Agenda 2. Cosine Perez - report on Jobs in Collier County 04- COA -01 136/358 E Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 January 17, 2007 161 1 B& Contact: Sandra Arnold- Lawson Public Information Coordinator (239) 774 -8308 FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) COLLIER COUNTY, FLORIDA Thursday, January 25, 2007 6 P.M. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 NOTICE All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Colleen M. Greene at (239) 774 -8400 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774 -8380. Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. Collier County Ordinance No. 2004 -05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. AGENDA I. 6 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes From November 30, 2006 Meeting IV. New Business A. Election of New Officers B. Welcome New Members to HAAB C. Guest Speakers Ms. Tammie Nemecek or Ms. Beth Kotzke from the Economic Development Council. V. Old Business A. Amendment to HAAB Ordinance on future BCC Agenda (2/13/07). VI. Public Comments VII. Board Member Comments VIII. Meeting Adjourns -End- Vanderbilt beack M.S.T.0 1 1 Advisory Committee 2885 Horseshoe Drive South Naples, FL 34104 J April 5, 2007 -. Raj,_.._ AGENDA Henning_—v -"° Coyle Coletta - 1. Call Meeting to Order 11. Attendance Ill. Approval of Agenda IV. Approval of Minutes- March 1, 2007 and March 22, 2007 Special Meeting V. Transportation Services Report A. Budget Report — Caroline Soto 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 —Low Schmidt C. Tax Analysis — Bud Martin D. Liaison —Dick Lydon IX. New Business X. Public Comments Xi. Adjournment M�sc 'arr s: I The next meeting is scheduled for 2:00 PM, May 3, cy 20cp pte: AT ST. JOHNS PARISH LIFE CENTER ��� 625 11 1 Ave. tem # Naples, FL CaG .;Q March 1, 2007 Vander6llt beack M.S•T•U- Advisory Committee 2705 Horseshoe Drive South Naples, FL 34104 SUMMARY A quorum was established. The minutes and agenda were approved. V. Transportation Services Report 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 March 1, 2007 161 19-7 Vanderbilt beach M-5-T.U. Advisory Committee 2705 Horseshoe Drive South Naples, FL 34104 MINUTES The meeting was called to order by Chairman Dick Lydon at 2:00 p.m. 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: 16' 191 • 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 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 161 1B Lew Schmidt reported that dog droppings are a problem; various entities have been contacted for a remedy. C. Tax Analysis - Bud Martin No Report. 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 625 111TH Avenue Naples, FL 1a (-, i 19 —, Vanderbilt beack M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples, FL 34104 March 22, 2007 SPECIAL MEETING SUMMARY A quorum was established and the agenda approved. IV. Fiscal Year Budget 2007 -2008 Review and Approval Caroline Soto distributed the budget spreadsheets (see attachments). Discussion ensued on the suggested line item changes as follows: - Engineering $60,000 - Other Contractual $55,000 - Mulch $10,000 Charles Arthur moved to approve the budget as revised. Second by Carol Wright. Motion carried unanimously 3 -0. Discussion ensued on the FPL project for the future. FPL is requesting right -of -way easement agreement because there is a need to get an easement on private properties. Diane Flagg mentioned that FPL has assessed that there isn't enough room to complete the project within the current right -of -way. Charles Arthur requested a meeting with Frank Halas, Jim Mudd, Diane Flagg, FPL, and legal representation. For budgetary purposes it was assumed at this point that the burial of the power line project will continue to be pursued by the MSTU. 16 B-1 VanJerbilt beack M-5-T.U. Advisory Committee 2885 Horseshoe Drive South Naples, FL 34104 March 22, 2007 SPECIAL MEETING MINUTES The meeting was called to order by Dick Lydon at 2:09 p.m. Attendance Members: Charles Arthur, Dick Lydon, Bud Martin, Lew Schmidt (absent), Carol Wright County: Darryl Richard -MSTU Project Manager, Tessie Sillery-MSTU Operations Coordinator, Caroline Soto- Budget Analyst, Diane Flagg Others: Michelle L. S. Guerrero- Mancan Approval of Agenda Chairman Dick Lydon approved the agenda. IV. Fiscal Year Budget 2007 -2008 Review and Approval Caroline Soto distributed the budget spreadsheets (see attachments). Discussion ensued on the suggested line item changes as follows: - Engineering $60,000 - Other Contractual $55,000 - Mulch $10,000 Diane Flagg mentioned that the line item 'Transfer to MSTD' will potentially reduce since there are two additional MSTUs. The amount of funds in the category can also be reduced by decreasing the number of meetings an MSTU has. It was questioned why the interest income was so far reduced, County Staff agreed to return to the next meeting with an answer. The 'Improvements General' line will be $3,610,700. Charles Arthur moved to approve the budget as revised. Second by Carol Wright. Motion carried unanimously 3 -0. 16 ` 17 Discussion on how often to hold meetings will be discussed at the next meeting. Discussion ensued on the FPL project for the future. FPL is requesting a right -of -way easement agreement because there is a need to get an easement on private properties. Darryl Richard distributed and reviewed a copy of a letter from FPL (see attachments). Bud Martin joined the meeting at 2:46 p.m Diane Flagg mentioned that FPL will not do a study until it is known that the easements can be achieved. FPL has assessed that there isn't enough room to complete the project within the current right -of -way. It was suggested to get the FPL survey first before moving forward. Darryl Richard suggested having a statement of intention to achieve easements. Discussion ensued on the FPL's employee estimate on needing additional right -of -way to burry the power lines with the needed boxes. Charles Arthur requested a meeting with Frank Halas, Jim Mudd, Diane Flagg, FPL, and legal representation. It was suggested that a survey plat demonstrating the right -of -way and existing easements is needed. 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Fbft Po wrA ups Oorpery Rix Vandrbut t18TU. R@WW for CanorNon of Cvrhead ENefAc FadMNs b UfW MInd. Dear Mr. Rldwd: In response to your Wtr Mal MM to ran -Nn" wbeWW eetkrioI to com rt tM awheed eI of k dB bdlen hudieNe &Sorted in OW levier, and boded In b an m WWo nd lydem N ffi.161.000.00 Thin aknald N not an 08Yr item FPL b pwbrm ft neaiNbd Conversion and dwuld not be aonelhad or used Ae such br del" I'l 1 9 pPCSss. Kim pvvMod ddit b ww1d W ply deciNn mddrg. This non-M" a irrnb N An order of mrgnbidi" AdinillR And Is boded an previous FPL sev rioe H&Avm, due to the complex nemre and vWMMM MPN Mad WM V& typo of wort, the AMI I nary net aaarMey fsprwrk lho aeon! and your commonly would be ohlpabd b pay FPL b MMd b bCMtl$L A ddiM And'bl~ ee11 e will be provided should you dedub booed Cn Mddd "bAkpalu• eetkrrede and w II 010 rrree slruM you ebot b pay 1M non- rafurrdMb rgtueeAnB deport s ed brb N Firide AdtrriddrvVw Code 258.11& TM depook N mpilbsd dub to the aonrpirdy and three required b editrrsb McCli a earvenlorr, And woWd M appllad lowr►dd the aettrrraied amaud (wwwtm ANo as the CM Amount) deed to Fist for ft oonweiori, Madd you deotle to proaedd Sikh the wort ooffthed trt the eetbnate and oonbed 1r the work wNhbi 180 days of Mu ddb Ora wknab N provided. FPL---' - include aa4r adtlnrbd dupe to be pdd by the appkantto FPL. 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TYpioWy, ovegwed urysber Odd ea pad of a oanly r muridpel rW&4 ry, and when rrarery, as part of a sped8o ssnwR In oor*md, an wderPou d dYhbullon aydwn negated more Space Vise Is gpieAb provided by rod rl8ht -,* wey and ndrrrnb for ov~ boilli a in adrgrowld systtms, mow oarywwde toe mwb dhdad lo poise mud rAW ooaepy'd WW oppultenrros, aD.. read Irrl pad mou led Vaeederrrreea sod =&oh amWrdL Fadkkes of an u dwWouM ddtrlbutlon wjd m orb red M pbosd in road eo%* f". 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ShmW you bud wW grrsarr rvi M m mwWw a btrdeg'ood eetlnreta, pbeee ask rim et y �� customer Project hleview an FPt. csmpCbrpy 16' Us r „Ail, AGENDA Golden Gate Community Center Advisory Committee March 5, 2007 6:00 pm Fiala Golden Gate Community Center Hala las cam' Henning. V - �_�j ':,oyle L,;4 .. . ':oletta Call to Order II. Approval of the Agenda Ill. Approval of January 2 2007 and February 5 2007 Minutes IV. Old Business A. Approval of the Revised Guidelines V. New Business A. Supervisor's Highlights VI. Monthly Budget Report VII. Members Additions and Comments VIII. Adiournment Misc Gcrres: k pate d fps • r GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD MEETING Golden Gate Community Center — 6:00 pm March 5, 2007 Board Members Present: Bill Arthur, Chairman Jim Klug, Vice- Chairman Ernie Bretzmann Vicki Clavelo Kaydee Tuff Staff: Ellen Barkin, Community Center Supervisor Shari Ferguson, Regional Manager Barbara Daly, Fiscal Technician I. Call to Order at 5:57 p.m. Kaydee Tuff called to say she would be late. II. Approval of Agenda Jim Klug moved to approve the Agenda. Seconded by Vicki Clavelo. Carried unanimously 4 -0. III. Approval of the January 2, 2007 and February 5, 2007 Meeting Minutes Jim Klug moved to approve the minutes of January 2, 2007 and February 5, 2007 meetings. Seconded by Vicki Calelo. Carried unanimously 4 -0. IV. Old Business A. Approval of Revised Guidelines Vicki Clavelo moved to approve the Revised Guidlines. Seconded by Ernie Bretzmann. Carried unanimously 4 -0. V. New Business A. Supervisor's Highlights Kitchen hood update. Ellen provided an email from Tony Ruberto, Senior Project Manager, regarding the work to be done on the kitchen hood. 16$ Mr. Ruberto is waiting to hear from Facilities what work Inge done "in- house" and what will need to be sub - contracted out. • 5 -Year Plan /FY'08 Budget Shari Ferguson provided a 5 -year plan worksheet showing what may need to be replaced or worked on in the next five years. It was explained that the worksheet is not a final decision but to be reviewed by the Board members for any input they can provide. Shari also asked if anyone has any history knowledge of when something may have been done that would be very helpful. Ellen will be researching this information as well and stated that Keith would be a good resource. Plans are going forward inquiring into ADA playgrounds for capital projects in 2008. Kaydee Tuff inquired into having the old playground equipment donated if possible. Shari will look into the possibility of this. • Pricing for FY'07 Capital Wish List A list was provided of items that may need consideration in using the left over funds from the fencing project. Ellen is waiting to hear back from a company she contacted in regards to the bleachers which are in need of repair /replacement. Shade structures were discussed for both the Band Shell and the Skate Park. Ellen provided some information from Sungard Shade Structures and will get pricing information. Items will have to be delivered and invoices in by mid September if using the operating capital from the fencing project. Motion: Motion made by Ernie Bretzmann to use the excess money for a shade structure for the Band Shell and then the Skate Park if funds are available. Seconded by Kaydee Tuff. Carried unanimously ". Jim inquired about an outdoor sound system. Ellen explained why she is hesitant in getting an expensive system. It appears to be a problem in who should be able to use the system, internal use only or outsiders also. In the past when outsiders have used the existing system problems have occurred with damage. Ellen also expressed that when groups use the Band Shell they usually have their own sound equipment. Shari checked into lighting for the field and learned that one lighting pole cost $20,000 - $25,000. Using the left over fencing project capital would not be feasible for lighting and it should be considered in the new budget. It was determined when lights are placed in the field that they must not cause an issue to the neighbors and being a good neighbor is extremely important. Discussion on an outdoor movie screen was put on hold 2 • February/March Programs 16, 1 8 y Ellen provided a Review /Outlook of all the programs and the participation. The numbers for the BMX races along with the clinics are still up from last fall and expected to continue growing. They are trying to build a BMX team to represent Naples BMX at other races. Ellen may be doing a presentation on March 21st on the Community Center for PARAB (Parks and Recreation Advisory Board). The Golden Gate Festival is March 29 -April 1. VI. Monthly Budget Update • The provided report shows all numbers are up from last year, with a 19% increase in revenue. VII. Members Additions and Comments • Jim Klug - Would like to encourage fellow Board members to think of things that would attract more people to the Center. He feels that they should pursue the idea of a survey that had been mentioned at a previous meeting. Ellen will put this form together. Ellen Barkin - Stated that they had purposely focused on Pee Wee classes this year due to people expressing this need and that next fall, after summer camp they would like to focus on another demographic, perhaps adults. Ernie Bretzmann — The Naples Children and Education Foundation (Wine Festival) commissioned Dr. Donald Pemberton of the University of Florida conduct "A study of Child Well -Being in Collier County". In the study it was noted that Golden Gate City was an area of concern. VIII. Adioumment Motion: Motion to adjourn was made by Ernie Bretzmann Seconded by Vicki Clavelo. Motion carried unanimously 5 -0. Meeting adjourned at 6:47 p.m. ** *The next meeting is at Golden Gate Community Center on April 2, 2007 at 6:00 pm * ** ** *agenda and minutes sent to BCC office on 0413107 * ** 3 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, A 34104 '' =iah April 19, 2007 Agenda I. Call meeting to order II. Attendance III. Approval of Agenda IV. Approval of Minutes — March 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 — Caroline Soto & Bob Cole IX. Housekeeping Items X. Committee Reports XI. Old Business XII. New Business A. Future Projects B. Hurricane Reserve Fund C. Drainage XIII. Public Comments XIV. Adjournment galas ✓1`zt- . -.. ;oyle :nletta The next meeting will be May 17, 2007 at 4:00 PM Collier County Transportation Building /East Conference Room Misc Corres. 2885 Horseshoe Dr. South, Naples, FL 34104 Date. Item # 16 T 16 a: 161 1 Ba IttlGOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, Fl 34104 March 15, 2007 Minutes The meeting was called to order by Chairman Bob Slebodnik at 4:00 p.m. II. Attendance Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard- Project Manager, Caroline Sots, Budget Analyst, Lisa Hendrickson- Management Budget Analyst, Tessie Sillery- MSTU Project Coordinator Others: Michael McGee- McGee & Associates, Robert Kindelan- Commercial Land Maintenance, Michelle L. S. Guerrero- Mancan III. Approval of Agenda Add: - Line item "VIII. Budget Report, B. Fiscal Year 2008 Budget' Bob Cole moved to approve the agenda. Second by Tony Branco. Motion carried unanimously 5 -0. IV. Approval of Minutes — February 15, 2007 Insert: - "frond" after "Tony Branco mentioned a Royal Palm" on page #2. Tony Branco moved to approve the minutes. Second by David Larson. Motion carries unanimously 5 -0. V. Landscape Maintenance Report — CLM Robert Kindelan reported: - Fertilization was done last month - Irrigation issues on median #1 are scheduled to be addressed 1 Regular irrigation repairs were made 161 1 P9 Nozzles need to be replaced for irrigation Demolition on Doral Circle; once electrical contractors have completed their project Commercial Land Maintenance will finish the job Median tip #1 will be replanted in a bouquet arrangement VI. Landscape Architect's Report — Michael McGee Michael McGee reported that there are dry areas on median #1. Trees have not been trimmed in coordination with Commercial Land Maintenance as of yet; schedules need to be coordinated. Vll. Transportation Operations Report A. Project Manager Report — Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). He anticipated that the light poles should be finished next week. Bob Slebodnik mentioned that he Darryl Richard, Michael McGee, Alan Cooper, Keith, and Jim Fritchey, met at his home to coordinate and review the irrigation situation and projects on Pebble Beach Blvd., Golf Course Crossing, and the project on Augusta and Forest Hills. Darryl Richard added that commitments have been received from the Golf Course for tie -ins of the irrigation system for plantings on Pebble Beach Blvd.. which should be done within the next two weeks. Darryl Richard distributed and reviewed the "Lely MSTU — Augusta and Forest Hill Project — Tabulation of Quotes" along with each company's itemized quotes (see attachments). Michael McGee suggested that the quotes need to go back to the companies to make sure they have all quoted for the same items. Bob Slebodnik moved to have Hannula be awarded the contract for the Augusta and Forest Hills project in the amount of $22,648.81. Second by David Larson. Bob Slebodnik amended his motion to include, pending staff confirmation of quote. Motion carried unanimously 5 -0. Darryl Richard agreed to contact Bob Slebodnik once the quote is verified. VIII. Budget Report A. Budget Committee — Lisa Hendrickson & Bob Cole Bob Cole and Bob Slebodnik noted that they did not receive the report before the meeting as requested. IX. VIII. 161 Caroline Soto distributed and reviewed the budget report (see attachment). Discussion ensued on the reason why some of the numbers within the budget are shown with parenthesis. Housekeeping Items The electrical box with wires hanging out has not been taken care of yet. Darryl Richard will contact Kent Technologies about the issue. Darryl Richard also reported that the flush valve on Hwy 41 at the entrance of Lely has been removed, sod should be replaced. Bob Slebodnik reported that Mr. Weiner is getting resolution with some of his issues and therefore is backing down from dissolving the agreement with the MSTU. It was agreed that the golf cart signs within the right -of -way will be let go. Darryl Richard suggested that the golf cart crossing lines on the roadway need to be repainted. He agreed to look into it with Road and Bridge. Lisa Hendrickson explained from the previous subject that the formulas on the budget worksheet need to be straightened out, removing the parenthesis and make it comprehendible. Budget Report (continued) B. Fiscal Year 2008 Budget Darryl Richard distributed and reviewed budget sheets (see attachment). The budget was reviewed with the following changes • Other Contractual- $71,000 • Electricity- $6,000 • Water and Sewer- $6,000 • Sprinkler System- $4,000 • Mulch- $12,000 • Lighting Maint.- $10,000 • Printing and or- $500 • Other Misc.- $6,000 • Fertilizer- $4,000 • Other Operating $100 Darryl Richard noted that the total operating expense is $174,600 with an additional 5% withheld, the rest go into capital outlay for projects. If 161 101 there are more funds coming in from the millage rate then it can be reduced. Bob Slebodnik brought out that the State might reduce property taxes, which could affect the revenue. It was suggested to build up a hurricane reserve fund and a layout of future projects. Lighting palms and adding royal palms were suggested as possible future projects. Drainage concerns for the Lely MSTU were discussed. Darryl Richard agreed to schedule a meeting with Bob Slebodnik and Shane to address drainage issues. It was requested that the Storm Water Management Department come to the meeting to discuss drainage issues that affect the MSTU area. Michael McGee mentioned that royal palms may not be feasible as a project because the medians are not wide enough to support them. Darryl Richard suggested having $200,000 in funds for a Palm Tree Project. Tony Branco brought out that there is an abundance of traffic and high speed automobiles. He suggested using a decorated element to slow drivers; such as pavers for crosswalks. Proposed Projects: - Palm Trees - Cross Walks - Sidewalk Enhancements - Doral Circle Entrance Enhancements - Pebble Beach Sidewalks Bob Cole moved to approve fiscal year 2008 budget as previously discussed with a total operating budget of $174,600, with the direction of staff to take 5% of the overall budget to place into reserves with the remainder balance going into capitol improvements. Second by Ms. Dammert. Motion carried unanimously 5 -0. IX. Committee Reports X. Old Business None 161 XI. New Business None XII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:32 p.m. 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 161 18q Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, A 34104 March 15, 2007 Summary A quorum was established the minutes and agenda were approved. VII. Transportation Operations Report A. Project Manager Report — Darryl Richard Bob Slebodnik moved to have Hannula be awarded the contract for the Augusta and Forest Hills project in the amount of $22,648.81. Second by David Larson. Bob Slebodnik amended his motion to include, pending staff confirmation of quote. Motion carried unanimously 5 -0. VIII. Budget Report (continued) B. Fiscal Year 2008 Budget The budget was reviewed with the following changes • Other Contractual- $71,000 • Electricity- $6,000 • Water and Sewer- $6,000 • Sprinkler System- $4,000 • Mulch- $12,000 • Lighting Maint.- $10,000 • Printing and or- $500 • Other Misc.- $6,000 • Fertilizer- $4,000 • Other Operating $100 Darryl Richard noted that the total operating expense is $174,600 with an additional 5% withheld, the rest go into capital outlay for projects. If there are more funds coming in from the millage rate then it can be reduced. 1 16 # 191 Proposed Projects: - Palm Trees - Cross Walks - Sidewalk Enhancements - Doral Circle Entrance Enhancements - Pebble Beach Sidewalks Bob Cole moved to approve fiscal year 2008 budget as previously discussed with a total operating budget of $174,600, with the direction of staff to take 5% of the overall budget to place into reserves with the remainder balance going into capitol improvements. Second by Ms. Dammert. Motion carried unanimously 5 -0. 2 Mar. 9. 2007 2:20PM L DATE &L� j, 911L , a00 7 TIME 2 ',1 S PM PLEASE DELIVER THE FOLLOWING PACES TO No. 0903" `f, tl NAME . Rl cl c,,JS COMPANYNAME (,e user COu ii FAX # OR LOCATION 53C7 REGARDING Geri,., il" l p riLb 9-er Ms-'o tco rc Tf k, I Is A .•_ia g�yJ FROM tTen'm,,i 4r,J VIfti PAGES I /'-N IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL MAIN OFFICE 239 - 992 -2210 # u.II'., 29131 Quails NesE Cane • Bonita Springs, PL 34135 • Phone 239 6992 -2210 FAX 239498.6818 W d W W�. � � f 00 161. o �n -og x 00 0° ei w w w w w w w rs w w w w w » w c'^�• LL Uia �U1 cj g$ E ^S d Ex M Ef Q� l 8 ds 12 1 ma. g� al ,r r N CO (O A Id I 'a l060 'ON dR:Z _coon '6 "P&- 161 1 00 o x a` 0 Pin n 119 z NNw N es w w w N d o •+F 8 , $1 � p s LP cl a � N N W J M LL 3 c o g 81 ax q, U60 'IN WaOZ :Z'Ool •6 - PN E 'd 03/09/2007 12:39 2392679034 VILA AN SON 1 6 S I rq, VILA AND SON LANDSCAPING CORP. 4176 awkkThem Rd Ft. Myers, FL 39906 (239) 406-2700 (299) 4684700 fax J *= FAX NO.: 239 - 5306219 DATE: 3IW2007 SUBJECT: Lely Golf Estates MSTU NO. OF PAGES: 3 irryl, enclosed is the Bid tabulation sheets for Lally Golf Estates MSTU Forest Hills & igusta Blvd. Beautification Project. The size spec on PSX- Philodendron selloum'Xanadu' 30 ^x30' exceeds industry standards for a 3 gal container. It was necessary to bid this ecies at a 7 gal size to meet the architects specs. FROM $COft Deckard ChW E0tlm0t0r 7 0 6 f' 0 �m a, I (b � 161 r ; p N N N N M N N w w w N N N N w N w m J ui � t}.t u`i II7 tiI lip uR lh �W h S O 1" r CE lot P y 'E c E � 4 6 N N � {l 0 'v o� i� �e E � n d Z0 30Vd NOS NV VlIA 4E06L9Z6EZ 6E :ZI LBBZ /60/E0 161 1 B cc r P � �LP X12 E _ Hill CO m 1 r .� � mep .• N n ♦m a E0 39dd NOS NV VILA 0606L9ZGEZ 6E:ZL L00Z /60/E0 � m Ir r � 1ff M MNN p N N N N N O O d NMy M N�p N N LL y 4 aa as C.A cc r P � �LP X12 E _ Hill CO m 1 r .� � mep .• N n ♦m a E0 39dd NOS NV VILA 0606L9ZGEZ 6E:ZL L00Z /60/E0 16q F l o r i d a L a n d M a i n t o n a n c a, I n c. '"0 / B / A Commercial Land Maintenance FACSIMILE TRANSMITTAL SHEET TO: PROlt Darryl Richard, RCA, ASLA Maria Jost / Robert Kindelan GoMeANY: PATE: Collier County Government 03 -09 -07 1:24PM FAX NUMBER: TOTAL NO, OF PAGES INCLUDING COVER: 530 -6219 3 PRONE NUMBER: $i!NDER'S REFERENCE NUMBER: 659 -5775 RR- YOUR REFEAENCE NUMBER: L.ely — Forest Hills & Augusta Boulevard Bid ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY Darryl: The following pages contain our bid for the captioned. Should you have any further questions you may reach Operations Manager, Jinn Fntchey directly 239 - 272 -6894. Thank you for the opportunity to bid. Sincerely, Maria Jost Aduninistrati a!lssistant M coo /too 1B XVJ Bz tit Looz/BO/eo 03/09/2007 14:28 FAX m w m Q� I 16 1 gol/q O a � _$ a v a W d .O ti t?j a C e el �LE C r J His � fig ru a a �WW �C U o� 0 M W �pG�m $ W N t7 0 � d 8 0 o o a o n N Mhy N N N N M N V p N M M N N M N H N N M A 6 6 it m Ul Lt N O a � _$ a v a W d .O ti t?j a C e el �LE C r J His � fig ru a a �WW �C U o� 0 M W �pG�m $ W N t7 0 � d 03/09/2007 14:29 FAX b I laoo tl I 8• O y .9 cl a O a Z 6 Vj IY J W U, le r r� Q to � c m y Y pad O ¢¢Q 8 VVQQ B . FIN Rg g� LL i cp I�OOI rN t"1 �f 1CI ual I 4 W m w� LL a �a aE f0 J z k N W w Lu o Y N yY m 3 b O 9 w e `. 4. 49 � � y 16' N � C O 'a S o a 4 F s Q 8 d A = C V Q Y C a i a E T C O m LL ui w cd u H w U E O pY � m y n c' ° E c c a�UUi O L E N nP6dQ asdx�� I LU imzo 4M. r N ti 0 i b Ol th X E s Z �y CL to . U 0 N �y m� M � m rn� � U �o E m ,y w w wn on ZW c9 Q0.�LL NZ� Saa z =z QNm Cy. 1 d, 6 A 6060 'IN wdol b _LOOZ 6 "vh a �n o U1 ry ww w H w HH cry, � w w_ar wH H H w es» N LL fn n,di w d u] N � C O 'a S o a 4 F s Q 8 d A = C V Q Y C a i a E T C O m LL ui w cd u H w U E O pY � m y n c' ° E c c a�UUi O L E N nP6dQ asdx�� I LU imzo 4M. r N ti 0 i b Ol th X E s Z �y CL to . U 0 N �y m� M � m rn� � U �o E m ,y w w wn on ZW c9 Q0.�LL NZ� Saa z =z QNm Cy. 1 d, 6 A 6060 'IN wdol b _LOOZ 6 "vh 161 18q 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 Lely MSTU Project Status (L -32) - ACTIVE -(POC: Darryl Richard); Phase III Project: Refurbishment of Median 41 and #2 on St. Andrews at entrance to Lely off of US 41. 2 -9 -07: 100% plans received from McGee 2- 15 -07: CLM confirms quote for 58,734.47 for project. 3 -1507: Project Complete (L -30) - ACTIVE ON GOING - (POC: Tessie Sillery) - 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 2- 15 -07: Committee requested Tessie purchase flags through internet 3- 10 -07: State Flag and American Flags purchased (2 of each) $187.00 3- 15 -07: Flags arrived today...!!! (L-29) -ACTIVE -(POC: Tessie Sillery) - Median Re- Painting By Road & Bridge; As per Committee Request on I 1 -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: Painting not done by Road & Bridge 3-15-07: R &B supervisor (Don) will meet with staff to make sure the location of #'s (L -24) - ACTIVE -(POC: Darryl Richard); -(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 bid -tab Schedule from McGee & Associates and electrical engineering 8- 17 -06: Quotes from Annual Contractors for Electrical Installation/Design is pending. 8- 21 -06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8- 21 -06: Owner of Kent Technologies Thom Esch office visit. Thom 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. 16' 19 � 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. 3 -9 -07: Received Lumec Poles for project 3- 14 -07: Poles picked up by EB Simmons (L -25) - ACTIVE -(POC: Darryl Richard); (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. 2- 15 -07: Requirments for project are: (1) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 firs a day; (3) need Golf Course to relocate existing irrigation heads; Bob Slebodnick will contact Al Cooper and schedule a meeting time for follow -up. 3- 14 -06: Golf Course installing irrigation - 50% complete (L -22) - ACTIVE - (POC: Darryl Richard); (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. I -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 (1) Spare valve is available for use by the MSTU for project. 2 -14 -07 : Request for Quote sent out - deadline March 91h, 2007 3- 15 -07: Committee to review quotes and select lowest quote. (L- 31)- COMPLFTE Coordination with Ted Weiner- LMAAgreement 1- 13 -07: Letter from Ted Weiner- received and forwarded to Scott Teach 2- 15 -07: No official confirmation received from Weiner that they are baking out of LMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L -23) - COMPLE "rE - (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 16' 1� 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- 10 -06) 6- 12 -06: Bids are due June 30, 2006 - bee 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. I- 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. 2- 21 -07: Confirmation Final Close -out change order is processed (CO #2). (L -26) - COMPL 'l L -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. 161 1BI (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 2nd week Sept. 8- 31 -06: Proof will be forwarded to Staff on 9 -1 -06 for review. 9 -7 -06; Daryl 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 30`", 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 -1) - 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) - COMPLETF-- 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 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 Thom 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 '/z 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 II- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole w/ I I 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) - COMPLF I F- 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) - CONIPLE I E -Lely Phase I- Complete (3/1/05) - COMPLETED (L-10) - COMPLETE- Drainage Project - Pebble Beach Road- Non -MSTU Project (L -11) - COMPLE"1 F- 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) - COMPI.ETF- 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 -Dora) 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) - COMPLF -I F -Dora) 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 11 Project as an alternate. 161 1B� (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 30ih pending CDS review of construction pad 7 -3 -06: Flag Poles are up with flags. For 4`h of July..!!!! A 161 _ b m o d o 0 o_ 3 N 61 a N N a N N pp N 49 T J O M iN 0 N tll V H, H [+ Z�] A t�T V LIM W m r O O df V v fC W .+ O N 1611 1 B COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: February 16, 2007 TO: Collier County Advisory Boards FROM: Skip Camp, CFM, Director Department of Facilities Management REFERENCE: Main Government Complex Reserved Parking A couple of weeks ago, we sent out an announcement that the new parking deck was officially open and therefore, there no longer would be the need for the reserved spaces. After discussions with some board members, it has been decided that the County will reestablish those reserved spaces for all members of the County's advisory boards. The Commission and County staff truly appreciates the work of these boards and are happy to make this accommodation. Should you have any questions or require additional information, please contact me at 774 -8380. 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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. Ekna Guevara, Planning Technician (239) 659 -5749 eknaguevara@colliergov.net N O O O ry N O m N o m In In � m o r o m o 0 o r o 0 0 0 0 0 0 0 0 0 0 o ry N o o m N to 0 o N PI Ol r N t0 O i+l O O O O P O O O dl O O o O O O O O O O O m m W O o N tD IO O O dl N N 10 Ol ✓1 ry N N O Ill O m O O O Ol O O O O O O O O O O O N ei N O O m Ifl N O O I(1 r N m r N O N W O Ol O Iq O O N r O ✓1 O O O O IO Ol O O '1 N 6� O O .-i m t"1 N N Ol O M r N Ol O1 tO O N C N N C M �O m M M O O vl IO C N N O 01 N r �T 01 N r GI V ry N M Ol Ol N M b M N f�1 /'1 N '-I M1 Ill O ry N ry N '1 m O W Ill V Ill O� O O O 10 O O r N ul r O N O O O O O O m O Yl Ifl O O N m dl O O N 1p O r rl t0 V t"1 O O O O N O o r O CI N O M N O N O O N M W 1p t0 O O r M M O O dl m r l0 Ol N P'1 N N O O O 1+1 O O N Ol O l0 O P O O T O O .� IO r1 t� P O O ei dl r O O Ol of r m r .a m N m m ul o o m c m In m m M M m al m o o m r 0 M OI d' N N Ol O M r N Ol N O IO N m M T C �M 41 I(1 Ifl V C m Ol Ol Ql [� ltl r C It1 N lO N M dl GI r1 M N N 10 tO 1') rl IO 1Il Ol N N N 0 0 0 0 0 0 0 O O O O ei O O r'1 Ifl ul M O Ol O O O O O C N O O O O O O O O O O �y O O O O O O O O O O O O O O N O ul m O IO Ol O Ol O O m t0 O O O O O O O O O O O O O O O � O O O O O O m O O m O T M O N Ol O O O O W M O 1O t0 0 0 0 0 0 0 0 C r o N I(1 r O\ � IO dl CI m o In N o .n m m In a m m o N N Ill N O .i N N cl� d� N V l0 01 N N N M O 'J N � � s a E m a ro y W CC o 0 0 0 o n O o o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r r o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o V a 0 0 0 0 0 0 0 0 0 M a n O O O Y1 O O O Vl O O O O O O O O O O O O O O O O O O N ul 0 0 0 0 0 0 0 O a O N N U' N N O O O O Ol O Ol O O O O O O O O O O O O O O O O Ol W O O O O O O O �I 1C fd m W O rl Ol 01 m O C O m O r M Ill O IO m N O ✓1 YI ✓1 V V� O b G N N � Y�tl1 �.] L L r r N r M I'1 r Ill Ill `""I II1 N W m M N IO b N N O N r 1f1 Ill r N „ N in N O1 Ol N N ei Yl ✓1 • I] '0 'Z. N N N N N 0 0 0 a� uuu f9° o m p m w Y {1 N N 7 N N M r] F �+ 0 0 a z° z° �g lmMl u w • u Mo o c7 0 0 0 0 0 0 m m m Y V Y pppu p. rg N A N \i O O O O O O O O i 8 a o mO S o a o W O O O N O 'rl y r V u r a a m yy O Y Y • ro 0 9J Y • 0 0 E _ 161 1 opv February 21, 2007 8:30am Career and Service Center of Collier County - Immokalee 750 South 5°i 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 Quorum C. Adoption of A eg nda 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 IAMP and LDC overlay amendments c. Miscellaneous 3. CRA 2006 -05: Status of SR 29 Bypass Project (Enclosure 3) 4. CRA 2006 -12: Sams of East of 951 Infrastructure and Services Study 5. CRA 2006 -02: FSU Medical School Satellite Training Project G. New Business 1. CRA 2007 -01: Presentation Re arding New Market Tax Credit Prog am (a presentation is expected) 2. CRA 2007 -08• Advisory 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 Projects in the Immokalee Area H. Citizen Comments. I. Next Meeting Date (March 21, 2007, at 8:30am) J. Adjournment AGENDA Enterprise Zone Development Agency A. Call to Order 16 J IB B. Roll Call and Announcement of Quorum 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 1. 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. Adjournment AGENDA Immokalee Local Redevelopment Advisory Board A. Call to Order B. Roll Call and Announcement of Quorum 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 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. Adjournment * 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 5t' Street in Immokalee. ** 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 5th Street in Immokalee 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 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 Guevera, 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 the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 2 16 J 10 ,®� February 21, 2007 8:30am Career and Service Center of Collier County - Immokalee 750 South 5'h 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 Advisory Board/EZDA: Present: Fred Thomas, Floyd Crews, Rick Heers, Bob Soter, Richard Rice, Ana Salazar, Denise Blanton, Caprtion Tom Davis, Ira Malamut, and Julio Estremera. Absent/Excused: Bernardo Barnhart, Carol Sykora, Eva Deyo, and Robert Halman. A quorum was announced as being present. I_mmokalee Master Plan and Visioning Committee: Present: Essie Serrata, Clarence A. Tears, Jr., Edward Olesky, Fred N. Thomas, Jr., Floyd Crews, Rick Heers, and Richard Rice. Absent/Excused: 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 joint 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 1. 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. 161 1B 2. CRA 2006 -00: Status of Collier County /RMPK Group Contract a. Discussion of input from the February 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 IAMP 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 need to be reflective of its geographic location and the demographics which make up the community. b. Discussion of the Technical Advisory Committee for the IAMP and LDC overlay 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 IAMP are now available by accessing the following web page: httr)://www.colliergov.net/index.asDx?paqe=315 3. CRA 2006 -05: Status of SR 29 Bypass Project. Fred Thomas stated that he sits on the Citizens Advisory Board of the MPO board and that there is going to be a citizens advisory committee set up for this project. 4. CRA 2006 -12: Sams 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 Project 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 "Catalyst Project ". 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. One 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 redevelopment area. b. The number of sites will be narrowed from 5 to 13 and only 1 site will be chosen to promote for the location of a major health care and sciences project. We should hear about the site selection in the next several months. 2 16 18 G. New Business 1. CRA 2007 -01: Presentation Regarding New Market Tax Credit Program Tom Zumga 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: Advisory 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 Projects in the Immokalee Area • " Tradeport DRP'. 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 FEMA has asked IHOPE 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 1. Next Meetin Date (March 21, 2007, at 8:30am) J. Adjournment The meeting was adjourned at 10:35am MINUTES 6 Enterprise Zone Development Agency A. Call to Order. The meeting was called to order at 10:35am. B. Roll Call and Announcement of Quorum 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) 3 161 1 goo F. Old Business 1. 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 1. Next Meetine (March 21 at 8:30am) J. Adjournment The meeting was adjourned at 10:50am. MINUTES G Immokalee Local Redevelopment Advisory Board A. Call to Order Please refer to the above minutes. B. Roll Call and Announcement of Quorum 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 IAMP. 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 L Next Meeting (March 21 at 8:30am) J. Adjournment The meeting adjourned at 10:58am. * 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 5`h 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 5`h Street in Immokalee has been CANCELLED. 4 1 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 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 Guevera, 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 the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. I VI A CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE April 9 2007, 9:00 A.M. + 'ty,,. E J /p Commission Boardroom .G)N ,r D W. Harmon Turner Building (Building "F "), Third Floor < lFll77 AGENDA ��'�r °ort:;;:ntvcommc loners Roll Call Approval of Agenda Approval of March 12, 2007 Minutes Old Business: A. Conflict of Interest B. Real Estate Services Update C. Contracts /Agreements 1. Karen D. Staff Report — Status of AAL E. Collier Soil & Water Conservation District letter to BCC — Discussion /Recommendation - ��~2rlm - s�37Ptt -.. V. New Business A. Resolution to support Florida Forever Successor Program B. Cycle 5 Application Status C. Review of new applications to determine whether they meet criteria and goals 1. Collier County Borrow Pit— 10 ac parcel E of Falling Waters/ Davis Blvd. 2. Blake — 1.59 ac parcel NGGE Unit 90 — E of Desoto and S of 40`h Ave SE 3. Narsiff — 21.88 ac parcel on Cycle 4 "C" list— owner has re- nominated D. Cycle 5 Target Protection Areas Mailing List E. Outstanding Advisory Committee Member Program F. Program General Report VI. Subcommittee Meeting Reports A. Outreach — Tony Pires, Chair B. Lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures — Will Kriz, Chair Mise Gorres: VII. Chair Committee Member Comments Date, S—/ VIII. Public General Comments Iterr; # IX. Staff Comments X. Adjournment Committee Members: Please notify Alexandra Sulecki at 213 -2961 no later than 5.00 p.m. on April 6. 2007 if you cannot attend this meeting. 1 16 ! 1 V Collier County Citizens Corps Advisory Committee March 21, 2007 Voting Members Present: Reg Buxton, Greater Naples Chamber of Commerce :dale ,J Russell Rainey, Community Emergency Response Te*%las Doug Porter, Naples Civil Air Patrol = l 9 enntn _ Deborah Horvath, American Red Cross o le " John Tyson for Walt Jaskiewicz, Coast Guard Auxili l �� - -- at3 _() James Elson, Collier County Veterans Council U// "` -- Maria Ramos, Salvation Army Sharon Downey for Gerry Sugarman, RSVP Jerry Sanford, Collier County Fire Chiefs Assoc Voting Members Absent: Floyd Chapin, Community Emergency Response Volunteers (Excused Absence) Voting Members Absent: (Non- Excused Absence) Non - Voting Members: Lt. George Welch, Sheriff's Office Maria Bernaldo, Department of Health Greg Speers, East Naples Fire District Joe Frazier, Collier County Emergency Management Judy Scribner, Collier County Emergency Management Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion to accept the minutes of the February 21, 2007 meeting made by Russ Rainey and seconded by Jim Elson. Approved unanimously. Threat Update Per Lt. Welch, Sheriff's Office, there is no change and no significant events. His staff will be participating in both 300 and 400 ICS training. New Business Hurricane Seminars Per Jim vonRinteln, there is a list of hurricane seminars that are scheduled currently. Refer to the Emergency Management webpage for any updates. Everything is scheduled for June, in an attempt to 161, 18 Xv Collier County Citizens Corps Advisory Committee March 21, 2007 pet registration (i.e., current vaccinations, etc.). Special Needs people will still have their pets housed at DAS. The exercise tomorrow should spark some thought - provoking questions and help to problem solve issues. Collectively, a good plan should come out of this. This information will be available prior to the hurricane seminars, as pet friendly sheltering is a frequently asked question. A major media rollout will be forthcoming. Sheriff's Office will provide security at this location as well. This shelter would be open if there is a mandatory evacuation and would probably open if any general population shelters are opened. Per Jim V., if anyone approaches you asking about the pet friendly shelter, please refer them to DAS as to rules, pre - registration, etc. Joe said that the program currently in place which contacts the pre - registered pet owners can make 1400 calls in about a 20- minute time frame. Human Services Branch Judy Scribner, the Human Services Director from Emergency Management was introduced. She has worked in Human Services Department for a number of years, supervising the Services for Seniors Program. She has been hired to provide oversight for the programs that are directly related to human beings who are impacted in a crisis, i.e., wildfire, hurricane, flood, etc. Her primary knowledge is with hurricanes, and she is learning about wildfires. She works with Patti Clemens from EM, the American Red Cross, and many of the non - profit organizations in the County regarding feeding, housing, mental health issues, etc. Collier County is the first county in Florida who has chosen to whittle out this particular aspect of a disaster and focus on a specific program. Judy has known many of the Citizens Corps group through other projects and those she has not met, she hopes to get together with you in the next few months. She will be working with Joe on the volunteer aspect as well. They are working jointly on an Immokalee Recovery Coordination Center, which is working with the people of Immokalee to pool together and take charge of their own recovery. In case of a hurricane, there will be an area that will be taken over, setting up computers, a generator, etc. to help with the recovery in the Immokalee area, which is pretty fragile when it comes to a storm or crisis situation. There is a potential location, equipment, and there is interest, and people are catching on to taking responsibility for their future and what happens to them out there. If you have any questions or suggestions related to human services, please contact Judy. She would be happy to come and speak to your organizations to help get the word out. Old Business Shelter Managers Jim V. reiterated the fact that shelter managers are needed in Collier County, especially with the new shelter opening for pet owners and the shelter opening at Ave Maria this summer. In the 2004 hurricane season there were 4 hurricanes, with 52 days in a row that we were activated. The managers became very weary and it came to the forefront that we need to be more robust with our trained cadre out there. Jim Elson has a few people queued up that we will be able to train, but there is still a need. Debbie Horvath reports that to this date we have 16 shelter managers, trained with background checks and ready to go. Their first meeting is scheduled for April l la' at the ARC chapter, from 7 -9 p.m. If anyone is interested in becoming a shelter manager, that is the first meeting. A simulation is being planned for the first week of June — a date will be chosen by the shelter manager group. Joe F. asked if it would be a good time to bring up the DRU configuration to the group on the 11`h — Debbie said yes. Joe will be there at the meeting and see that a DRU is there. Ideally, ARC would send to shelter managers to every shelter they 161 1,v. Collier County Citizens Corps Advisory Committee March 21, 2007 open so there is a manager and co- manager, with 6 -8 workers, for a total of 10 -12 people for every shelter that is opened. With ten shelters, they are looking at 100 -120 people. They are more concerned with shelter workers than shelter managers. There are 750 volunteers on their books, with 200/250 of them having gone through background checks (all volunteers, not just for shelters). Red Cross has to be able to handle the shelters for 72 hours. Per Jim V., if we became a host shelter for Miami, then we would perhaps have to open 25 shelters. Jim E. said he has put in a request for help from the State. Ideally, we would have 15 teams of 3. Required training for shelter workers includes background check, an intro to the Red Cross and a 3 -hour workshop of what happens in shelters and what you are expected to do. Jerry Sanford has said that some of his CERT folks in North Naples may be able to help. Per Debbie, most of her volunteers started with her at ages 62 and 65, when they retired, and they are still working with her. People are needed to help set up and tear down the shelters, along with registration, feeding, etc. The managers are a leadership position. Contact the Chapter for further information, including their website colliercountyredcross.org. Jim V. will get info out to everyone with the minutes, and get the information on EM's webpage. People have the intention of doing it, but never make the phone call. Walk the people to the phone and/or make the call for them — we need to get people in for training and have them ready prior to hurricane season. Up until this year, the Red Cross never required background checks and they used spontaneous volunteers all the time. It takes time for the background check (although National ARC removed the financial check portion of the background check), and then to get people trained. We want to avoid putting everyone in one big shelter (as was done in the Super Dome), because we don't have enough people trained to manage them. If we can spread them out, it goes much easier. National ARC removed the financial check portion of the background check. This is a team effort and if we don't have enough volunteers, it all falls back on Emergency Management. With volunteers in there, we can focus on what we are supposed to be doing, i.e., supplying security, rather than taking care of registration forms, etc. Joe asked Sharon Downey if the DOVIA group would be able to help with shelter managing — she will put this on the next meeting agenda, and Joe will speak with the group. Jim V. handed out a list of requirements and duties for shelter managing. We need to encourage folks to volunteer! Debbie also brought up that over the past several months the Sheriff's Office, Emergency Management, Health Department, Red Cross, and the School Board have been meeting about a sexual predator policy. This will be going before the BCC on Tuesday. An agreement has been reached as to how this will be handled, and hopefully the ordinance will pass on Tuesday. It is Jim V's understanding that the Sheriff's Office is taking care of this. Initially, they were looking at the old drill academy, with the possibility of retrofitting with shutters to make it more secure. Lt. Welch wasn't sure if the location was available — will verify it today. Dan Summers was concerned about calling it a "shelter" — use the word "refuge ". There will be special signage for the shelters stating that according to Ordinance, if you are a sexual predator, you do not belong here and to see the Sheriff. Will need this available prior to the season. This is not just for hurricanes, but for any sheltering (wildfires, etc.). ESC Update Per Jim V., the Board should have the contract before them for approval on April 24th (please note change of date from April 10th). The meeting starts at 9 a.m., not sure when they will discuss this. Anyone from the Citizens Corps that can be there, would be helpful. It is an expensive contract, so it may not go smoothly. Would request CAP and Coast Guard Auxiliary folks to be in uniform. 161 1B\ti Collier County Citizens Corps Advisory Committee March 21, 2007 Sky Warn Rick Zyvoloski will be holding a special Sky Warn class on Saturday, April 21s` at Golden Gate Fire Station 71, on Golden Gate Boulevard. It will run from 10 a.m. to 3 p.m. If any group has 15 or so people who would be interested in a class, let Rick know. He tries to keep this outside of hurricane season as much as possible. Other Jim V. asked that members encourage our non - voting members to attend the Citizens Corps meetings (City of Naples, City of Marco, the three hospitals — particularly their disaster chairs, Medical Examiner). Although they are non - voting members, they are still needed. If you happen to run into any of these folks, please let them know about our next meeting. Their attendance has been falling off. Next Meeting/Adjourn Motion to adjourn the meeting at 3:45 made by Doug Porter and seconded by Debbie Horvath. Approved unanimously. Next meeting date is Wednesday, April 18, 2007 at 3 p.m. Minutes submitted by Jim von Rinteln and Mary Ann Cole Citizen Corps Advisory Committee Agenda March 21, 2006 3:00 Pledge of Allegiance Chairman - Opening Remarks -Roll Call Sheriff's Office CERV Fire Chiefs CERT CAP USCGA Red Cross Veterans Council RSVP Salvation Army Chamber of Commerce EMS EM Health Dept Medical Examiner City of Marco Island City of Naples Everglades City Neighborhood Watch Cleveland Clinic NCH 3:05 Approval of Minutes Chairman 3:10 Threat Update Sheriff's Office 3:15 New Business Chairman • Hurricane Seminars Jim von Rinteln • Pet Shelter Joe Frazier • Human Services Branch Judy Scribner 3:50 Old Business Chairman • Shelter Managers Jim von Rinteln • EOC Update Jim von Rinteln 4:00 Next Meeting/Adjourn Chairman (April 18th ) 16,L I B \v 'Z Collier County • Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 March 15, 2007 Contact: Sandra Arnold Public Information Coordinator (239) 774 -8308 www.colliergov.net FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, MARCH 21, 2007 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, March 21 at 3 p.m. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004 -05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi - judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774 -8000. -End- 161 1v Shelter Managers Act as the CEO /Commander of a disaster shelter (typically a school or other public building) work on behalf of the local American Red Cross (ARC) and in conjunction with the Collier County Emergency Management and Sheriffs Office to provide refuge to residents and visitors of Collier County during times of disaster. Functions /responsibilities include: Coordination prior to a disaster Completion of shelter management training by ARC (4 -6 hrs) Completion of Coordination Briefing with Collier County Direction of shelter staff during and after a disaster Decision making during and after a disaster Coordination with EM, SO, CCDS & ARC during and after a disaster Commitment requires: Reasonable availability during the hurricane season (1 June — 30 Nov) (can be available as part of a management team) Ability to manage a dynamic situation Ability to problem solve A level of physical stamina and health which will allow some extended hours and conditions similar to camping -out Responsibilities do not include: Actual physical labor Assumption of any personal liability Dealing with funds 16! 1B\v 2007 Hurricane Seminars Friday, April 20th All Day - Collier County Government Days — Coastland Mall Tuesday, June 5th at 6:30 p.m. - Gulf Coast High School Wednesday, June 6" at 6:30 p.m. — Palmetto Ridge High School Thursday, June 7th at 2:00 p.m. — East Naples Library Wednesday, June 13th at 6:30 p.m. — Lely High School Tuesday, June 19th at 6:30 p.m. — Naples High School Tuesday, June 26th at 2:00 p.m. — Marco Island Library 1 IPageloI B`ny vonrintelnJ From: SarbaughJaime Sent: Tuesday, March 20, 2007 2:47 PM To: wilson_pa; vonrintelnJ; veit_j; zyvoloski_r; FrazierJoseph Subject: fyi or trash naplesnews.com Bills look to improve hurricane, natural disaster preparedness By Amie Pames Tuesday, March 20, 2007 WASHINGTON — Attempting to address hurricane and natural disaster issues in Florida, U.S. Sens Bill Nelson and Mel Martinez introduced a series of bills today aimed at improving preparedness, response, reinsurance reform and tax credits for mitigation. Nelson, D- Florida, also introduced legislation seeking to create a commission on national catastrophic risk. The commission would be made up of Federal Emergency Management Agency officials, scientists, insurance industry executives, contractors, builders and other leading experts on disaster issues, the senators said. Although the senators are trying to build consensus to move their measures forward, Nelson said Senate leaders have been "receptive" to the idea of a commission. At a news conference this morning, Nelson and Martinez said the legislation introduced today would not only help Florida but the nation. These prevention- oriented bills will work to make people safer in their homes, allow them to shelter -in- place, lessen their risk of loss and reduce the monetary burden associated with hurricanes," said Martinez, R- Florida. Last week, House members said they were also working on a national catastrophe program which would help reduce homeowner insurance rates. The federal program would assist state insurance programs and private insurers in covering losses resulting from natural disasters. The fund would set up a so- called public private partnership, allowing private industry, local, state and federal governments to each play a role. © 2007 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co 3/20/2007 PELICAN BAY SERVICES DIVISION 161 19 Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, APRIL 4, 2007 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, APRIL 4, 2007 AT 2:00 PM. 1. Introduction and Welcome of new Members 2. Roll Call 3. Election of New Chairman 4. Election of Vice Chairman 5. Approval of Minutes of the February 26, 2007 Special Meeting 6. Approval of Minutes of the March 7, 2007 Regular Meeting 7. Audience Participation 8. Chairman's Report New Chairperson's Comments Fiala l/ - 9. 10. Chris Sutphin Tribute Presentation to Outgoing Board Members - - -- Halm Henninq_._ r 11. Management Company Update & Discussion . "ogle 12. Discussion of Meeting Time Change , - Coletta 13. Committee Reports _ -° -- -- Clam Bay Committee Clam Bay Monitoring and Improvement Schedule Renewal of Clam Bay Restoration and Management Plan Permit Update on Osprey Nest Update on Canoe Trail Brochure Comments on March 29 Clam Bay Presentation Budget Committee Update — Status of 2008 Budget Preparation 14. Administrator's Report Capital Projects Irrigation and Landscape Improvements Phase VI Community Issues Sidewalk Repairs "Children at Play" Signs Hurricane Wilma Storm Damage Hurricane Charley Storm Damage 15. Committee Requests 16. Audience Comments 17. Adjourn 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. Date�g iteni'f.Jot 3 161 1R�� PELICAN BAY SERVICES DIVISION BOARD MEETING February 26, 2007 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Special Session on this date, February 26, 2007, at 9:00 A.M. at The Club at Pelican Bay, 707 Gulf Park Drive, Naples, Florida 34108 with the following members present: Mr. James Burke, Chairman Mr. John Boland Mr. Coleman Connell, Vice Chairman Mr. David Bramson Mr. John Domenie, Vice Chairman Mr. David Nordhoff Mr. Donald Spanier, Vice Chairman Mr. John laizzo Ms. Annette Alvarez Mr. Edward Staros ALSO PRESENT: Fifteen (15) members of the public; Mr. Jay Cross, Executive Assistant to the Clerk of Courts, Ms. Heidi Ashton, Collier County Attorney's Office, Mr. Jim Hoppensteadt, President, Pelican Bay Foundation; 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. Roll Call. 2. Pelican Bay Services Division Election. 3. Adjourn. ROLL CALL Mr. Burke called the meeting to order and asked that the Record reflect all members present. PELICAN BAY SERVICES DIVISION ELECTION Mr. Burke stated, "We have one agenda item and I am not going to have a special item for public comments at the beginning of the meeting, but I will ask the audience to participate as we get into the Board discussion on this election issue ". I feel very good with the legacy of this Board, under Mr. Vlasho and Mr. Carroll, establishing the propensity and ability to openly discuss and debate issues. We are an open Board and very proud of it. Mr. Burke continued, "This meeting was called at the request of a Board Member who expressed concerns about the structure and flow of the Pelican Bay Services Division elections'. This meeting is intended to open this issue to the Board and discuss it and to address and answer any concerns of the Pelican Bay residents. Mr. Spanier, would you like me to turn the meeting over to you? Mr. Spanier replied, "If you would ". 6735 Pelican Bay Services Division Special Meeting 1 6 1 1 February 26, 2007 Mr. Spanier stated, "I requested, through the Chairman, a Special Meeting of the Board to consider the ongoing process of the election for replacement of members of this Board whose terms expire ". It seems to me that this particular election, as it does to people who view Pelican Bay and the issues that make its governance and structure, an important one. The fact, as our Chairman has just said, that we have moved through several administrations that have seen the evolution of what was originally, by law, an Advisory Committee to the County Commission, into a finely structured and clearly defined organ of government within Pelican Bay. It has become proactive, it has tried to bring before the constituency, the residents and owners in Pelican Bay, what we see as the principle public issues and opportunities for conserving and improving our quality of life, for open public discussion. It has changed the balance of influence, persuasion and power within the community. This election is important and a reflection of the fact that the community recognizes that we have come forward, to contend with the offices being vacated this year, with what I consider one of the most distinguished panels of contenders that we have ever seen. Therefore, of singular importance as I view it, the community after the votes are tallied and victors become incumbents, that the entire process seems credible, that the playing field will be seen as having been level and that the forward progress of our community may continue uninterrupted and hopefully with a disappearance of some of the factualism and arguments that have plagued parts of the past few years. Because of that, I personally as an individual, a property owner, member of the Foundation and officer of this Board, felt that there were sufficient irregularities in the election process now in force, that it required intervention. Some of them were that when I received, as a property owner and resident, my ballot, along with other residents of this community, there was no descriptive or biographical material descriptions of qualifications, or anything else available about the field of candidates, with the exception of their names. This was very much inadequate for me to make an informed decision. Mr. Spanier continued, "Secondly, the process was so structured that I could, and did, having a little more personal knowledge of some of the people involved, mark and cast my ballot along with apparently many others in the succeeding days and weeks, which still continue and will continue until March 3ftl ". I too, as an individual having many acquaintances in the 6736 Pelican Bay Services Division Special Meeting 16 \l� February 26. 2007 community, had many calls from friends and conversations at cocktail parties and other gatherings with people who knowing my own activities, asked me who I should vote for and who are these people. I gave them my opinion as an individual. However, this has troubled me to such an extent that I have requested of the Chair, that I have the opportunity as a Board Member, to put before my colleagues on this Board, a proposed Resolution that I believe can remove the cloud that hangs over this process. Our presence here this morning indicates that a cloud hangs over the process and, hopefully, not one of animosity, dislike or blind conviction about some abstract idea, but there is a cloud over this process. I would like to read to the Board, a Resolution that I put before them for discussion and debate, along with our guests, this morning. A gentleman from the audience asked if there was a copy available for the public. Mr. Spanier replied, "There will be a copy afterwards, since I am not debating it with the public and I am presenting it to the Board, is not available at this moment ". If you listen carefully you will get the content. Mr. Spanier read the following Resolution into the Record: WHEREAS: the process to elect candidates to the Pelican Bay Services Division is in progress, and WHEREAS: the purpose of the process is to insure a `level playing field" on which all qualified elector's are provided with relevant information about the qualifications of all candidates in a timely manner, and WHEREAS: ballots were mailed to qualified electors on 1126107 listing the names of candidates, but omitting any biographical and other information relating to their qualifications or experience, and WHEREAS: the completed ballots may have begun to arrive in the Office of the Clerk of Courts as early as 1/31/07, while biographical and other qualifications related information via a special election edition of the Pelican Bay Post and "Meet The Candidates Night" was not available until 2/15/07, and WHEREAS: an email from a group called "The Pelican Bay Service Division 2007 Election Committee was sent on 2107/07 to many Pelican Bay residents, using an email database not available to other candidates. Their choice of name has sowed the false impression that the Pelican Bay Service Division 2007 Election Committee is a self - appointed committee of the present Board, for the purpose of electing "insiders" to perpetuate and expand the status quo. THEREFORE BE IT RESOLVED that this Board finds the election process now in course, fatally flawed and, therefore, invalid. BE IT FURTHER RESOLVED: that a new election is scheduled as soon as possible for the purpose of establishing a "level playing field" that enables all qualified candidates to present their qualifications and reasons for seeking office to all qualified electors. Such process to provide simultaneous distribution of a ballot of such design and color as to be easily distinguished from the ballot now being used; an addressed and franked return envelope, the biographies and experience of all candidates; oversight and certification of the tally by the Collier County Supervisor or Elections. 6737 Pelican Bay Services Division Special Meeting February 26, 2007 161 1R Mr. Spanier stated, "That is a Resolution that I place before you for your consideration ". Mr. Burke stated, "Before we proceed, I forgot to introduce Mr. Jay Cross from the Clerk of Court Office and Ms. Heidi Ashton from the County Attorney's Office ". Mr. Burke continued, "I would like to discuss this issue and get it out in the open ". I have some points I want to make. Mr. Bramson has already raised his hand and he has points he would like to make. Mr. Burke moved seconded by Mr. Nordhoff and approved unanimously to open the discussion of the election issue. Mr. Burke stated, "I want to start the discussion ". I want to put this thing into some kind of order and I want to do this simply as a Board Member". Mr. Burke's observations have been attached to these Minutes as a separate document (Pages 6755 through 6756). This is a chronological dated order of events with no judgments and I have limited my editorializing, which was very difficult for me to do. When I put this together it pointed out to me that there is much to be learned about our process and the imaginative mind can surmise a great deal more. The Clerk of Courts, who is responsible for mailing our ballots out, did exactly what they are required to do by Ordinance, but as of January 9'6, the Pelican Bay Services Division had all of the applicant's information. My opinion is that the Services Division should have put together biographies of each candidate and worked with the Clerk to either put them with the ballots or mailed them out the same week as the ballots went out. If we did that, we would do that at our own expense and of course we would be criticized, but in my mind, that is what has to happen and will happen in future elections. Mr. Burke continued, "I called eighty Pelican Bay property owners and was able to talk with sixty -two of them ". These were names of people I had accumulated over the years while on the Board and I want to comment on why I did this. I spent the last three years, one of them as Chairman, sitting on this Board witnessing the verbal demeaning of this Pelican Bay Service Division Board saying it is a straw vote; it is an Advisory Committee; they are appointed by Frank Halas and they are handmaidens of the County. This has been a consistent attempt to discredit and intimidate this Board. This election is important to me. Of the sixty- two people that I talked 6738 Pelican Bay Services Division Special Meeting 161 February 26. 2007 with, twenty -two told me that they do not pay enough attention to even bother to vote in the Foundation's elections or anybody else's elections. Eleven told me that they didn't know, weren't sure or could not even remember if they had ever received ballots. To me that was fairly consistent with the return that come in for both the Foundation and Services Division elections and that didn't bother me. Eight told me that they had received ballots and had not yet voted and that the Pelican Bay Post Special Edition, along with my call had reminded them to dig them out and vote. The balance seemed to be much better informed. I can't say they are all really consistent voters, but they did seem informed enough to have opinions. They did recall some type of endorsement email that was sent out and most felt it was a nominating committee endorsement and appreciated it since the ballots had no biographies. Some expressed surprise when informed that the PBSD has no nominating committee. Six remember the email and thought it was an attempt by the Pelican Bay Services Division to elect their favorite sons. Most felt that the Pelican Bay Services Division election has been badly handled, with a lack of timely candidate information, impeding an informed vote. Mr. Burke stated, "The ability to redo the election, and to do it right, is readily available'. The need to do it over and to do it right, to me, is obvious. The flurry of activity attempting to stop this meeting and turn it into a controversy is more than coincidental. As I see it, the Pelican Bay Services Division Board as a governing body, can't allow itself to be intimidated and bullied by our adversaries when we do what is right. We exercise our right as a duly constituted government body, free of intimidation. That is my statement in support of the Resolution. I am going to allow the Board to speak first. Mr. David Bramson stated, "Mr. Spanier, if there is a cloud, you and Mr. Burke created it". I see blue skies and Mr. Burke, you keep referring to adversaries and I think that the people you refer to as adversaries are just people who have a different view than you do of how to make Pelican Bay better. I don't think there should be an adversarial relationship with people who all want to upgrade Pelican Bay. I would like to say a little about the email encouraging people to vote for three candidates. The First Amendment protects the right of citizens to campaign for and express their views about candidates running for office. This email was a simple campaign piece, 6739 Pelican Bay Services Division Special Meeting February 26, 2007 161 1 B,�) no more, no less. I feel it is important to put this issue in perspective. According to Mr. Burke's February 29th Memorandum to Ms. Ashton, there were fourteen confused people. You need to remember that these are fourteen people out of a community of 10,000 plus. Mr. Burke told Ms. Ashton that the email not only caused him heartburn, but he also felt fourteen confused people justified checking out the possibility of invalidating the entire election process. Our country has a history of not meddling in the election process. You can't redo and redo an election until you get the results you want. An example is the 2000 Presidential Election. The United States Supreme Court upheld the Florida vote despite the fact that thousands of voters were viewed to have been disenfranchised. That certainly is not the case here. I personally saw a copy of the campaign email in question and it in no way appeared to have come from this Board. A responsibly written campaign brochure, ad or phone call, is not a reason to claim an election is tainted and to use public money to start over. This would create an ominous precedent. I believe that the election should continue and that the Commissioners appoint the candidate with the most votes. Mr. Bramson continued, "I cannot condone Mr. Burke's negative and defamatory comments in his February 8th Memorandum to Ms. Ashton regarding one of our Pelican Bay residents, especially when this particular individual has worked hundreds of hours for the good of the community ". A comment of this nature, particularly from a member of this Board, duly reflects on the entire Board and is counterproductive to the work this Board does. Mr. Bramson stated, "Finally, I want to end my comments on a positive note, and would, therefore, like to present this roll of Turns to Mr. Burke for his heartburn ". Mr. Burke asked, "Mr. Bramson, you are not insinuating that this is an attempt to hamper free speech are you "? Mr. Bramson relied, "Yes ". It looks as if, by having a new election, you are hampering free speech. Mr. Burke stated, "So you didn't pay any attention to the comments I made "? Mr. Bramson replied, "I paid full attention to the points you made and they in no way, shape or form, call for a termination and a new election to be held ". Mr. Burke stated, "There is no attempt here to hamper free speech ". 6740 Pelican Bay Services Division Special Meeting 1 6 1 l R February 26, 2007 L Mr. Connell stated, "I wanted to talk a little about the Resolution because it troubles me ". Suggesting that it is not a level playing field and the fact that the ballot is not accompanied by a biographical sketch doesn't break new ground. During the last election there were only two candidates for two vacancies so there was no election. I clearly remember the election prior to that and where there were eight candidates running for three positions and the biographies did not get out on those people until half way through the voting process. It was at the Men's Coffee, a captive audience, probably one of the largest audiences that a candidate has ever seen. I don't see why this would be a compelling reason to overturn this election. Mr. Dave Nordhoff stated, "I was troubled when the ballot came out without biographical information and that was compounded by a number of phone calls that I got from friends asking, who are these people and who should I vote for". I respect what Mr. Connell just said, but all of those previous elections where ballots went out without biographies should have been questioned. I think all of those people voted blindly, just as we were being asked to do this time. I find that reason enough to throw this election out and certainly in the future, I would hope that biographies go out with the ballots and we don't have this kind of a situation again. I am in favor of doing this the right way starting now. Mr. Boland stated, "I assume these same candidates are going to run and we are not eliminating anyone, is that true "? Mr. Burke replied, "Mr. Metcalf has withdrawn ". Mr. Boland stated, "It is kind of like the barn door is closed and the horses are out". The damage has been done, if you call it damage. I call it a free election. If you want to campaign for someone that is your prerogative and no where in that email did it say Pelican Bay Services Division, it said Election Committee. Who informed the Naples Daily News? We are right back to annexation versus anti - annexation and it is a dead issue. I would like to know who talked to the Naples Daily News, what Board Member? Mr. Spanier, was it you? Mr. Spanier replied, "I did not". Mr. Boland stated, "Ms. Stackel called it animosity, which is reverse discrimination as far as I am concerned ". The other question is why are we even having this meeting? The names are 6741 Pelican Bay Services Division Special Meeting February 26, 2007 16] out there and it is a waste of time and money. Your own statistics tell you that they don't care. I think the entire thing is a waste of time and I feel the election should go as is. Mr. Burke stated, "Ms. Stackel was at our Board Meeting in February and the two candidates who received the endorsement email, queried me on why they were not interviewed ". The reporter was listening. Mr. Boland asked, "Then why did annexation come up, if it was never mentioned "? Mr. Burke replied, "I have no idea why annexation came up ". Mr. laizzo stated, I personally feel that the election should go through ". I also do accept your idea of getting the biographies out in the future. I feel the biographies should go out with the election ballot and I do support that, but I do not support another election. Mr. Domenie asked, "Mr. Cross, can you provide us an indication of how many ballots have been returned "? Mr. Cross replied, "I cannot provide you with an accurate count, but I can provide an approximate number by just looking at the number of envelopes that have been returned ". At this point I would say that it is less than 1,000 envelopes that have been returned. Mr. Cross stated, "To correct a couple of misimpressions if I may, we mailed out 6,836 ballots ". That is the actual number of property owners of record that we received from the Property Appraiser's Office, as required by your Ordinance. Mr. Domenie stated, "I think that when the ballot goes out in a State, County or Federal election, biographies are not included, so I do not think it is up to the Clerk of Courts to do that ". I very strongly support that the Pelican Bay Services Division put out a special bulletin with the names and the biographies of the people involved. That can go out at exactly the same time as the ballots. Mr. Domenie asked, "How many people received this PBSD 2007 Election Committee Memo "? How many were mailed out? Mrs. Pat Bush replied, "First of all, there was no mail with that title ". The title was Election 2007 Committee and I have a copy of it with me. 6742 Pelican Bay Services Division Special Meeting February 26, 2007 161 18,E Mr. Domenie asked, "May I ask who are the members of this committee "? Are they members of this Board or are they individuals? Mrs. Bush replied, "They are four individuals, who wish to exert their right to promote the candidates of their choice". None of the candidates were interviewed. Mr. Domenie asked, "Were all of the candidates interviewed "? Mrs. Bush replied, "I said none were interviewed, so there was no discrimination ". Mr. Domenie stated, "The Special Edition of the Pelican Bay Post came out on February 15, 2007 at the various locations, but the people did not receive them in the mail until three days later'. Mr. Spanier stated, "I think the metaphor of the barn door being open and the horses being out and, therefore, it is history, is really not correct ". We cannot simply recount and run the clock backwards. Now that the information is disseminated and an informed vote can be cast, my opinion is that we should take advantage of that opportunity and allow for a bare and fully informed expression of opinion by all of the owners and a tallying of the results, rather than taking the first 1,000 and say maybe they knew something about someone and let it go at that. In my opinion that is the wrong way to seek people for a four year term. Mr. Cross stated, "At the same time that the ballots were mailed out, it does say in the ballot that that information is available on the Clerk's website, at the Pelican Bay Services Division office and at the County Commissioner's Office". I believe there may have been a day's delay in making all of that information available, but certainly by January 28" or 291h all of the information that was supplied by the candidates was available. The ballots went out on Friday, January 26'h and everything was available by January 2e or 29'h at the latest. What the Board of County Commissioners received is technically an application that is a standard form used by all Advisory Committee's. That was also published in the Board of County Commissioner's packet on the day that the names were presented to the Board of County Commissioners and available to the public at that time. Mr. Connell stated, "We would be well advised to time a mailing from us with the mailing of those ballots ". 6743 Pelican Bay Services Division Special Meeting 1 6 1 February 26, 2007 Mr. Boland asked, "From past experience, do you have a ballpark number of how many people actually return ballots "? Mr. Cross replied, "It has been less than 1,500 ". Mr. Boland stated, "When several of us ran, there were 1,800 ballots returned and I know because I was in that election ". We are talking approximately another 500 people. Mr. David Bramson asked, "Mr. Cross, in the elections in Collier County, how many have ever been called off and then rerun "? Mr. Cross replied, "I have been living in or coming to Collier County since 1951 ". In fact, as a young man, right here where we are playing, I kid people in Pelican Bay about the fact that I have shot more birdies on your golf course than you have. This used to be one of the best places to quail hunt in Collier County. I have no personal knowledge of any election, but the Supervisor of Elections would be the one to provide you that kind of accurate information. Mr. Bramson asked, "Since 1951 you have no recall of any election being recalled "? Mr. Cross replied, "Not in my mind ". There may have been a time when I was away at school and somebody may have, but I don't know of any. Mr. Bramson asked, "Ms. Ashton, in your experience, although you are much younger than we are, have you seen an election negated, overturned and then rerun "? Is there any authority for it? Ms. Ashton replied, "I don't practice in the area of election law, and there are others in the office that do handle that ". In my personal experience I have not heard of an election ever being nullified. I have reviewed the Ordinance and I think it would be a solely discretionary decision for the Board of County Commissioners, if you are to make a recommendation. I did provide a recommendation to Mr. Weigel, the County Attorney, as to what I think the Board would have to find. If you would like me to provide that information, I can read it from the Memorandum I had provided Mr. Weigel. I did not research the Florida election laws; I just applied what I felt the Board of County Commissioners would need in making a decision. Mr. Weigel is going to have to take my information, if you feel it is appropriate, to the Board of County Commissioners. 6744 Pelican Bay Services Division Special Meeting 1 6 1 ++ February 26, 2007 Ms. Ashton continued, "I indicated that if the Board of County Commissioners desires to take action at its' next meeting, the Board of County Commissioners will need to determine that extraordinary circumstances exist to nullify the election ". I don't think you want to get into a practice where there is a fight every year over elections and you want re- elections every year. I said that the Board should also determine that the Pelican Bay voters who received the email believed that it was sent from or endorsed by the Pelican Bay Services Division. That the email was sent to a significant number of Pelican Bay voters and that no alternative exists to notify the Pelican Bay voters that the Pelican Bay Services Division is not associated with the email and any recommendation by the Pelican Bay Services Division needs to represent the will of the majority or greater of the Pelican Bay voters. That is my feeling of what the Board of County Commissioners will need to take a look at in making their decision. If they decide they want to take action, a recommendation would need to come from this Board. As to the attachment of the biographies, there is no requirement for that in the Ordinance and if you were to send that out you would have to do that voluntarily. In future years, if you wish to include that information, you will need to do an Ordinance amendment so that there is an official class for that. Mr. Staros stated, "Mrs. Bush, I think it might be a very nice gesture on your part if you sent out another email saying that it was you and three others on your committee who are residents and that might clear up the confusion ". It did quite frankly look official to me and I sit on the Board. I did not know where it came from and I was confused. I think it would be a nice gesture on your part if you would send out a clarification email saying that it was your opinion and the opinion of other residents and had nothing to do with this Board. I think that would eliminate some of the hanging chads that we have in this election. Mrs. Bush replied, "Thank you ". Mr. Burke stated, "One of the things I have discovered when it comes to sending out biographies is that all of a sudden we have an election ". What has happened here? Mr. Nordhoff stated, "We haven't voted on the Resolution ". Mr. Burke stated, "Everyone is referring to this as an election, that is real progress and I am very happy with this ". 6745 Pelican Bay Services Division Special Meeting 161 19 February 26, 2007 Mr. Bramson stated, "In the major column you wrote for the Pelican Bay Services Division newsletter, you mentioned that members were elected by the residents of Pelican Bay ". You said it was an election and we are going along with you saying, yes, it is an election. People can get these fancy envelopes from a direct mail business that say they are from the Federal government when they are not, they look official but they are not. Anybody who has half a brain can look and know that they are phony and nothing official. There is no way that I ever thought this memorandum came from any committee of this Board's. People jump to conclusions by looking at something and in no way did it say that it came from the Pelican Bay Services Division. Mr. Burke stated, "Perception is reality ". Mr. Bramson, thank you and just don't regress back to the straw vote route. Mr. Ted Raia stated, "I am a resident of St. Raphael, a member of the Foundation Board and a candidate for the Pelican Bay Services Division ". I once saw a sign that said, "Lack of planning on your part is not reason for an emergency on my part". I think that is a little of what has happened here today. I think that the Board should be aware of what their Ordinance states and its' requirements. The Board had ample opportunity to send out the biographies if that is what they wanted and they neglected to do that. Now they want to create an emergency for the Clerk of Courts to redo the election. I do agree that the election could be better. Any election can be better. I disagree with the comment about lack of a level playing field. I have a copy of the ballot and there is nothing more level than that ballot. The names are listed and that is it. In fact, many people who get a ballot like this will vote for the first three names and my name is not one of the first three names. When the ballot first came out, I sent an email saying that you had received a ballot to vote for candidates on the Pelican Bay Services Division Board. The balance of Mr. Raia's comment is not legible on the tape. Mr. Raia stated, "I have a reputation for standing for certain things, many people support them and many may not". I am running on my record and I am recommending to people who are in the know to support my record. That is the democratic system. Other people had equal opportunity to form a committee and send an endorsement out to anyone else. I don't see where 6746 Pelican Bay Services Division Special Meeting 161 a �� February 26. 2007 this has interfered with the democratic process. We have a democratic process in motion right now and it is a shame that this Board has cast a suspicion on this democratic system. Mr. Burke stated, "I want everybody to understand that if this were done over, people are free to send out all of the emails, articles in the Post, send out ads and whatever they want to do ". Mr. Cliff Landers — "I live in San Marino and have been a resident of Pelican Bay for five and one half years". With all due respect to the Board, I think you do an excellent job. If I had somehow perceived that email to be coming from the Board, it would not have swayed my opinion about whom to vote for. I make up my own mind about those things. I might add that I did not perceive that email as having come from this Board or from some nominating committee of this Board. I immediately saw that the email came from Mrs. Bush and perhaps others who are like- minded. Fine, again that would not sway my opinion; I make up my own mind about these things. Speaking from having some experience in this area, I was a Political Science Professor for thirty-five years; I feel you set a bad precedent to nullify an election that has not yet been held. It would be an equally bad precedent to nullify an election that has been held, but that is a different story. Given the fact that there is no biographical information available, it is wrong for us to assume that the average citizen is somehow uninformed if he or she can only get the information they need through a biography. In the Federal, State amd Local elections, the vote of a high school drop out and the President of a university count the same and have to be counted in our democracy. Mr. Hoppensteadt stated, "I am a little concerned about the action between the Chair and Mr. Spanier on an issue that has come before the Board ". Are there copies of the correspondence between the two of you on this issue? Mr. Spanier replied, "We have not corresponded on the issue ". Mr. Hoppensteadt replied, "You said you had ". In both your and Mr. Burke's opening comments you said that you had talked about this issue and I would like to know if there is correspondence available to the public. Mr. Spanier replied, "There is no correspondence and is not a question of it being opened or closed to the public ". 6747 Pelican Bay Services Division Special Meeting 1 6 1 18 \� February 26, 2007 Mr. Burke stated, "Mr. Hoppensteadt, I think it is time I ask a question of you ". Before I do, let me preface it. You are a hired employee of the Pelican Bay Foundation and, as such, you are hired as the Operations Manager. Your job is to manage the day - today operations of the Foundation facilities and from all reports you are doing a good job. I have some real concerns as to whom you represent when you are interfering and tampering with the operations of a duly constituted government body. You are a hired employee, you are not a Board Member and you answer to a Board of Directors. Your Board has sent over their lawyer.......... Mrs. Ashton interjected, "Mr. Burke, may I suggest that I recommend that we stick with the topic of today's agenda ". Mr. Burke stated, "Well, I am very concerned with these insinuations and the tampering with the operations of this Board ". Mr. Bramson stated, "I forgot that this meeting was being presented as being called for by another Board Member and according to you it was Mr. Spanier ". If there was communication between you and Mr. Spanier in calling this meeting that would be a violation of the Sunshine Law. do? Mr. Burke stated, "The meeting was called through Mr. Petty ". What more do we need to Mrs. Ashton stated, "I believe we should return to the items on the agenda ". Mr. Robert Pendergrass stated, "I am one of the candidates for the Pelican Bay Services Division Board ". I went up to Mr. Burke after the meeting and said, what is this? In talking to a lot of people after the meeting, I would say that people were confused. 1 am sorry that is the way it is, I guess that is the democratic process and Mrs. Bush has every right to do that. The choice of the Election Committee 2007 did confuse people. Some people sat through it and said this is a continuation of the adversarial situation that we have here. I was warned of that before I volunteered to run for this Board and I am disappointed about this relationship today. One of the reasons I would like to try to get on the Board is to try to create a better relationship between these two Boards. Yes, I think the situation is difficult, but maybe that's the way it is. GSIL£3 Pelican Bay Services Division Special Meeting 161 1 0\1) February 26, 2007 Mr. Martin Feins — "I live in Pinecrest and I am also a candidate for the Pelican Bay Services Division Board ". I received the email and was very confused by it in trying to figure out why somebody would send me this and how they got my email address ". I asked the Chairman about this Committee, because it appeared like a very official committee. I think a lot of people think it is an official committee. I emailed back to the sender, whom I have never met or have ever spoken with, to ask who the members of the committee were, how was the committee appointed and who ordered this committee. I never received an answer. That a committee would come out, without interviewing anybody or hearing what their ideas or thoughts are and endorse others, I believe is a little irresponsible. I think this election is tainted because 1 think people believe this to be an official communication of an elected committee saying that these are the candidates that you want. This is a very sad situation. Mr. Bramson asked, "Did you believe that that communication came from this Board "? Mr. Feins replied, "No, I did not think so, but I thought it was some sort of an official committee that was appointed or elected by some group ". Mr. Bramson asked, "By this group "? Mr. Feins replied, "Not by this group ". Mr. Domenie stated, "This is a question regarding the Sunshine Laws, as long as Mr. Hoppensteadt has brought it up ". We had two members of this Board sitting on the Forum. The meeting was duly noticed, but no notes taken; no videos that I know of and I believe that was a violation of the Sunshine Law. You had two members expressing their views on subjects that come before this Board. Mrs. Ashton stated, "Sunshine Law issues are very fact specific, so I really cannot comment on your hypothetical scenario as to whether that was a Sunshine violation or not". I can tell you that I would encourage you, that if you are at a meeting where another member is present, to be careful about discussing issues if they could forseeably come before this Board. You may put yourself into a position where there is an allegation of a Sunshine Law violation and you do not want to do that. Mr. Domenie stated, "This was not hypothetical, this was an actual case ". 6749 Pelican Bay Services Division Special Meeting + 6 1 February 26, 2007 Mrs. Ashton replied, "I don't know all of the facts and details and cannot comment". All I can do is advise you of how to conduct yourselves. Mr. Burke stated, "They were candidates". Mr. Domenie replied, "Yes, they were candidates but they are on the Pelican Bay Services Division Board ". Mrs. Ashton stated, "That is why I am saying it is very fact specific ". If Mr. Burke wants to put a factual situation together, I will opine on that, but my purpose in providing recommendations is to tell this Board how to conduct themselves. I don't believe that my role is to determine whether there are past violations. That is a role for the civil courts or criminal courts if they were to move forward. I can only tell you how to conduct yourselves in the future. Mr. Connell stated, "This Forum was advertised, but no minutes were taken ". Mr. Domenie stated, "But no Minutes were recorded ". Mr. Burke stated, "I am going to call for a vote ". Mrs. Barbara Smith asked, "Is there a motion"? Mr. Burke stated, "The Resolution that was presented in writing ". Mrs. Ashton asked, "Is this to approve the Resolution"? Mr. Burke stated, "Mr. Spanier made the motion and Mr. Nordhoff seconded the motion ". Mr. Nordhoff stated, "The motion was that a new election be scheduled ". Mr. Spanier stated, "That is exactly right ". Mrs. Ashton stated, "I think you would want to frame it so that it is a recommendation to the Board of County Commissioners, if that is the will of this Committee ". Mr. Burke stated, "The Resolution would be that the Chairman of this Board..." Mrs. Ashton replied, "1 don't think that you need a Resolution ". What you probably want to do is request that the Chair attend the next meeting of the Board of County Commissioners to advise them of the position of this Board, if you feel that is appropriate". Mr. Burke asked, "Is that clear enough "? 6750 Pelican Bay Services Division Special Meeting 1 b 1 1 B\) February 26. 2007 Mr. Domenie stated, "I think that we should take out this question of biographies and experience of all candidates ". That should not go out with the envelop coming from the Collier County Clerk of Courts. Mr. Nordhoff stated, "In this instance, that information has already been disseminated via the Pelican Bay Post ". For this re- election we would not have to distribute biographies. Mr. Domenie asked, "Who does the counting of the ballots"? Mr. Jay Cross replied, "The Ordinance says that the Clerk of Courts, in conjunction with the County Attorney's Office, does the tallying of the ballots". Mr. Domenie stated, "This Resolution has to be amended that it is not the Collier County Supervisor of Elections who tallies the votes ". Mr. Cross stated, "I would encourage the Board; I am not a member and I have no formal standing, but have listened very carefully to the advice of the County Attorney's Office ". What you need to do is present some kind of motion to the Board of County Commissioners to reconsider the election. I don't know how you want to do that, but in order for the Board of County Commissioners to do that they are going to have to throw out your Ordinance. Mr. Burke replied, "Maybe, maybe not". Mrs. Ashton, you are suggesting our Resolution simply be... Mrs. Ashton stated, "I don't think you need to put it in the form of a Resolution ". I think you could put it in the form of a motion to direct your Chair to attend the next meeting of the Board of County Commissioners, if the mood of this Committee is to request that this election be nullified and that there be a new election. Mr. laizzo stated, "I think this is getting a little out of hand ". If we are allowed to shoot down an election that is in front of us right now, we are in effect telling this community that you are a bunch of sheep and that you don't have a mind of your own and are following the lead of some shepherd ". This is bad business and I couldn't agree with that. Mr. Boland stated, "Our responsibilities as the Pelican Bay Services Division Board are for street lighting and maintenance ". I don't think we have any authority and I think this meeting is illegal. I don't think this Board has the authority to tell the County how to run their elections, that 6751 Pelican Bay Services Division Special Meeting 1 6 1 1 B \' / February 26, 2007 is not in our by -laws. We have no authority for that. We are about beautification and maintenance, we are not for governance. We should just table this whole issue until someone really knows if we are standing on legal rights. 1 don't want to turn around and be sued by the Foundation, or somebody else, because we made a decision that was outside of our realm our responsibility. Mrs. Ashton stated, "The meeting today, in my opinion, is not illegal ". It has been properly noticed in accordance with the Sunshine Laws. I was asked about the procedure to nullify an election and it is my recommendation that if this Board wants to proceed in that direction, it needs to have an affirmative vote of the Board. If the Board of County Commissioners were to hear your vote they would take that into consideration, along with what your powers and duties are and also the consideration of a number of other factors in making its' decision. I think there is probably a strong public policy against nullifying an election, which I think the Board would consider. I think the Board would also consider the cost of an election and the fact that there are residents that are no longer here and there are a lot of factors to take into consideration. Mr. Cross indicated to me that the cost to run an election is approximately $10,000. 1 think the Board would be concerned about where that funding source would come from and I think that the Board would also be concerned with the fact that the cost of an election, in terms of staff time, cannot be totally recouped if it were to be redone by the Clerk's office. There is a cost that the Clerk would have to eat and I do not know if the Clerk's office would be in favor of holding the election itself. The Ordinance does say that the Clerk's Office is to count the ballots. There are a significant number of problems that the Board would have to face. Mr. Boland asked, "Are you saying this Board would be responsible for paying $12,000 "? Mrs. Ashton replied, "No, I am not saying that ". I think you may, if the Board wants to move forward with requesting that the election be nullified, consider whether you want to make a recommendation as to a funding source. I don't believe the Board of County Commissioners would charge the Pelican Bay Services Division for the election without a recommendation that this Board would be supportive of that. 6752 , Pelican Bay Services Division Special Meeting 161 18� February 26, 2007 Mr. Spanier stated, "I think it is important to recognize that we have discussed many times and at great length, our understanding of our scope of responsibility and the function of the Board itself'. In fact, although there have been references to this body as a Committee, the fact is that the current Ordinance very purposely changes the designation of this body from an Advisory Committee to a Services Division Board, vested with oversight powers for the operations that have been referred to by Mr. Boland, as well as providing the Board of County Commissioners with our best understanding of the wants and needs of this community. It recognizes the fact that this body is representative of the community, that the community expresses in its' vote, the very process that we are discussing in its' preference of the individuals to represent them on the Board. It is a majority decision of this Board that represents the majority decision of the community. I think this is an appropriate matter to be before the Board and that we are beginning to bog down in details that would have to be decided in the end, on a ratification basis, of any action that we recommended by the Board of County Commissioners. Nonetheless, I think it is a matter for us to vote on after due discussion, as to whether we wish to state the thinking of this Board and instruct our Chair to carry that thinking forward to the Board of County Commissioners for implementation. I think to do less would be to diminish what, I at least believe, understand to be the function and scope of responsibility of this Board, not an Advisory Committee that by Ordinance, oversees the functions and operations of this aspect of the community. I would simply move that with whatever modification of language seems indicative of the essence of what I have placed before you today, is that we vote on and instruct our Chair to convey to the County Commission, the conclusion that this process is fatally flawed, but correctable, and the correction requires a rerunning of this process. Mrs. Ashton stated, "There is a motion on the floor ". Mr. Burke asked, "Read the Motion please ". Mrs. Barbara Smith replied, "That the Chair attend the next Board of County Commissioner's meeting to request the nullification of the Pelican Bay Services Division election ". Mrs. Ashton stated, "The person who made the motion needs to either amend or withdraw the motion ". 6753 Pelican Bay Services Division Special Meeting 1 6 1 10 \� February 26, 2007 Mr. Burke stated. "I would be comfortable for that motion to stand as is ". I think this has been hashed over enough and I want to call for a vote. Once again, I am very proud of this Board for being able to take on issue such as this, even though Mr. Bramson gave me the Turns and I am okay with that. To get a controversial issue like this out and discussed without coming to blows, I am very proud of you all. This morning we accomplished exactly what I wanted to accomplish and that was to get this out in the open, in a public meeting with recorded Minutes, to discuss this issue and vote it up or down. With that I will call for a vote. Mrs. Barbara Smith stated, " I would like to request a roll call vote ". Mr. Spanier moved and seconded by Mr. Nordhoff that the Chair of the Pelican Bay Services Division Board attend the next Board of County Commissioners meeting to request the nullification of the Pelican Bay Services Division Board election. The motion failed on a vote of 614, with six members casting their votes against the motion. Those voting in favor of the motion were Messrs. Jim Burke, John Domenie, Donald Spanier and David Nordhoff. Those voting against the motion were Messrs. Coleman Connell, David Bramson, Edward Staros, John Boland, John laizzo and Ms. Annette Alvarez. Mr. Burke stated, 'That is the Board in action ". Once again, good job, good discussion and we got the issue out in the open. ADJOURN There being no further business, the meeting adjourned at 10:30 A.M. James Burke. Chairman 6754 161 1B\`) PELICAN BAY SERVICE DIVISION 02/26/07 Board Meetins — Agenda Item Summary: • 12/12/06 (2 "d Tuesday in December) Notice posted for applicants to run for three positions on PBSD Board of Directors. (this is as directed by CC Ordinance) • 01/09/07 (28 days after 12/12/06 posting) was cut off date for PBSD Board of Director applications. 01/26 07 — PBSD Election Ballots Mailed to all PB Property Owners o Names of candidates only • No biographies • No return envelope • Ballot mailing conducted as proscribed in Ordinance • �) P /29/07 — Candidate Metcalf drops out of election. • 02/07/07 — Email sent (to many PB residents) from "PBSD Election 2007" Committee o Endorsing three candidates. • 02/07/07 —1 was approached by two candidates asking why they were not interviewed by "PBSD elections 2007 Committee." • 02/07 — 02/08 —1 received 14 telephone calls inquiring as to the email: • Who is Pat Bush PhD, and how did she get my email address? • Who is the "PBSD Election2007 Committee ?" • "What email distribution list was used and how did they get it" • Were all candidates interviewed and what criteria were used to select candidates for endorsement? • Is this a PBSD self appointed committee attempting to "... get your own people elected ?" (4 callers made this accusation) • Most of the 14 callers gave me the feeling that the "PBSD election 2007 committee," in their view, is a PBSD Nominating committee. • 02/09//07 — Naples Daily News runs article: "Disputes circulate as Pelican Bay chases incorporation dreams" o "... contentious rumblings ... as former annexation proponents hustle to get their candidates into elected slots." • 02/15/07 — PBSD Candidates Night sponsored by PBPOA • 02/15/07 — Special edition of PB Post is mailed detailing biographies of all candidates • Candidates Night & PB Post Special Edition reveals that PBSD Board of Elections has an outstanding slate of candidates. i 02/18 — 02/23/07 —1 called 80 Pelican Bay property owners and was able to talk to 62 of them. A summary follows: 161 199) 0 22 told me that they don't pay enough attention to even bother to vote in PB elections. 0 11 told me that they didn't know, weren't sure, and couldn't remember if they had received ballots. 0 8 told me that they had received ballots, had not yet voted and that the PB Post Special edition, along with my phone call, has reminded them to dig it out and vote. o The balance were much better informed, not necessarily all consistent voters and expressed opinions: • Recalled some type of endorsement email ■ Most felt it to be a "nominating committee" endorsement and appreciated it since ballot had no bios. ■ Expressed surprise when informed that we have no "nominating committee" • Some (6) remembered the email and thought it an attempt, by PBSD, to elect their favorite sons. • Most felt, when asked, that the PBSD election has been badly handled with a lack of timely candidate information impeding an informed vote. ■ All felt that an enclosed, return envelope would increase return. ■ All felt that doing it over and doing it right (ballot, bios, return envelope) makes sense. ■ 02/ /07 Jean Smith, PBSD Staff, reserves meeting room at Commons Bldg. for a 02/26/07 PBSD board of Directors meeting. ■ 02/21 — 02/22/07 — A series of emails from the office of Jim Hoppensteadt, President PBF, were sent to PBSD beginning at 9:57am on 02/22 and ending 11:53am on 02/22, informing us that due to the "potentially controversial issue" the PBF facilities are "... not adequate..." ■ 02/22/07 — Jean Smith, PBSD staff, secured a meeting location and re noticed the meeting. ■ 02/23/07 — At 12:25pm, Pat Bush, PhD, issued another email addressed to "hi friends" and calling for attendance at today's meeting. In this email Ms. Bush makes reference to her 02/07 candidate endorsement email by stating "... I sent the following email to PB members." 161 1Z) PELICAN BAY SERVICES DIVISION BOARD MEETING March 7, 2007 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Special Session on this date, March 7, 2007, at 3:00 P.M. at Hammock Oak Center 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Burke, Chairman Mr. John Boland Mr. Coleman Connell, Vice Chairman Mr. David Bramson Mr. John Domenie, Vice Chairman Mr. David Nordhoff Mr. Donald Spanier, Vice Chairman Mr. John laizzo Ms. Annette Alvarez Mr. Edward Staros (Absent) Mrs. Mary Anne Womble ALSO PRESENT: Thirteen (13) members of the public; Corporal Carmine Marceno, Collier County Sheriffs Department; Ms. Kathy Whorley, The Conservancy; Mr. Tim Hall, Turrell & Associates; Mr. Jim Hoppensteadt, President, Pelican Bay Foundation; Ms. Heidi Ashton, Collier County Attorney's Office; 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. Roll Call 2. Approval of Minutes of the February 7, 2007 Meeting 3. Approval of Minutes of the February 14, 2007 Workshop 4. Audience Participation 5. Chairman's Report Plaque Presentation 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 6. Committee Reports Clam Bay Committee Clam Bay Monitoring and Improvement Schedule County Approved $40,000 PBSBJ 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 7. Government Relations 8. Contract Manager Services 9. Red Flag /Green Flag 6757 Pelican Bay Services Division March 7, 2007 10. 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 11. Committee Requests 12. Audience Comments 13. Adjourn ROLL CALL 161 1B) Mr. Burke called the meeting to order and asked that the Record reflect all members present with the exception of Mr. Edward Staros with an excused absence. APPROVAL OF MINUTES OF THE FEBRUARY 7. 2007 BOARD MEETING Mr. Connell moved, seconded by Mr. Bramson and approved unanimously, the Minutes of the February 7, 2007 meeting. APPROVAL OF MINUTES OF THE FEBRUARY 14, 2007 WORKSHOP Mr. Nordhoff moved, seconded by Mr. Spanier and approved unanimously, the Minutes of the February 14, 2007 Workshop. AUDIENCE PARTICIPATION There were no audience comments. CHAIRMAN'S REPORT PLAQUE PRESENTATION Mr. Burke stated, 'This was not part of my agenda, but you all know that after five years on our Board Mr. Chris Sutphin resigned due to medical reasons'. We have a commemorative plaque that we had prepared for Mr. Sutphin for his years of service on the Board. I will get the plaque to Mr. Sutphin. INTRODUCTION OF MARY ANNE WOMBLE — NEWEST PBSD BOARD MEMBER Mr. Burke stated, "Mrs. Mary Anne Womble is now our newest Pelican Bay Services Division Board Member'. Ms. Alvarez, that means that you are now no longer the lowest in 6758 161 1 l Pelican Bay Services Division March 7, 2007 seniority; and you have moved up by one month. Some of you may know Mrs. Womble, as she has deep roots in Pelican Bay and is also an educator. She has been in the teaching business, counseling business; she formerly chaired a Teacher's Education Council in Collier County and has been active in the Barron Collier High School Parent's Advisory Council. Mrs. Womble has a Master's Degree in Elementary Education and a PhD in Communication. Mrs. Womble replied, "I have a partial PhD in Communication ". Mr. Burke stated, "There are deep roots in Pelican Bay and also in The Club at Pelican Bay and we are glad to have you here ". Mrs. Womble stated, "I was here through a lot of the past hurricanes, over the last twenty years'. The amount of work that was done because of this Advisory Board was phenomenal. I saw an incredible willingness on everybody's part to work and clean up in this area better than anywhere else in this County and any County around us. I know that we didn't have some of the same situations as others, but I do know that there were people out and about working hard and helping out. I do want to thank each of you who were on this Board at any of those times because it was truly wonderful to watch and we all thank them very much because it was incredible. I am happy to be on this Board because I feel so strongly that we have done such a really good job. Thank you. PBSD ELECTIONS Mr. Burke stated, "The PBSD election is now complete and I can tell you from my standpoint, much was learned ". One thing, always looking to learn, is that very constructive improvements have been identified in this process and will be brought to the Board for discussion in the near future. I sat in on the counting process yesterday and got a real education on the history of that process. Much good will come from that. Mr. Burke asked, "Does anyone want to know what the results were "? Mr. Bramson stated, "Yes, we would like to know ". Mr. Burke stated, "This is going to surprise a lot of people ". It does me. The top three finishers were Messrs. Raia, Iaizzo and Levy. Gentlemen, congratulations. 6759 Pelican Bay Services Division March 7, 2007 Mr. Domenie asked, "Who are they replacing "? Mr. Spanier replied "I am stepping down ". 161 18 \) Mr. Burke stated, "Mr. Nordhoff and Mr. Spanier will be leaving the Board ". Mr. laizzo is an incumbent. Mr. Hoppensteadt asked, "How many votes were received "? Mr. Burke stated, "The disappointing thing is that once again we were under 1,200 total votes, which I believe is about our average ". There were actually 1,119 votes. One of the discussions I was having was ways that we can improve that voter participation. I was impressed with the system that has been set up at the County for our ballots. Mr. laizzo asked, "Mr. Hoppensteadt, how many votes do we normally get for the Foundation candidates "? Mr. Hoppensteadt replied, "Last year there were 7,400 and right now, with the electronic elections, we are at 4,100 ". If we stay on that pace we should receive approximately 12,000 votes. Mr. laizzo replied, "That is very good ". SUNSHNE LAWS — PBSD BOARD OF DIRECTORS Mr. Burke stated, "Some things have come up recently with regard to the Sunshine Laws ". Mr. Petty has expressed some interest in refining this process and we have also been cautioned by Ms. Ashton ". This is an open discussion, especially with regard to the dissemination of information through a central source. I want to remind everybody that when we have a Board Meeting such as we have today, everything that is discussed in that room is public information; even during a break anything discussed is public information. Ms. Aston stated, "You really should not be talking amongst yourselves during a break, regarding issues that would come before this Board ". Mr. Burke stated, "I am referring to an owner coming up to us to talk'. 6760 Pelican Bay Services Division 1 6 1 19 Z) March 7. 2007 Mr. Petty stated, "Everything that is done on the Division's behalf is public information ". If it is on your computer at home, it is still public information and even if you jot it down on a piece of paper, it is public information. Mr. Petty continued, "What I would like to suggest is that the office be used for all correspondence between the residents and any Board Member'. Instead of a resident handing correspondence directly to you or when a resident asks you to take information that you ask them to submit it to the office, so that we can handle the public records for all of our Board Members. We don't want you to have to submit to a resident's public records request and have to open up your personal home. We would rather the office be used for that and is one of the reasons why we have a local office. For all residents who wish to communicate with the Board, we are going to ask that you to send your communications to our office in the SunTrust Building and we will get it to the Board in a legal fashion, according to the Sunshine Laws. Mr. Burke asked, "If an owner sends an email directly to any one of us requesting something, would the preference be for us not to answer it directly "? Mr. Petty replied, "Yes, it should be directed to staff and then disseminated as proper ". It is a public record as soon as it hits the office and anybody may request a copy from us. We will disseminate it to the Board as appropriate. If it is an item that is looking for a decision, we will bring it forward to you as an agenda item. If it is strictly information, it will be disseminated to all Board Members. Ms. Ashton stated, "I would also like to caution you on sending your information through the offices of the Pelican Bay Services Division ". If a Board Member wants to send something to Mr. Petty for distribution to another Board Member, you can't communicate through a third party. You can't send something to Mr. Petty and ask him to distribute it if it will solicit a response. If you are providing something to Mr. Petty, it should be something that is making an "FYI" or for distribution saying it is for discussion at the next meeting. You do not want to be responding to an email. Mr. laizzo asked, "How do we get an item on the agenda "? 6761 161 1Bn Pelican Bay Services Division March 7. 2007 Mr. Petty replied, "Anyone on the Board can submit an item to staff for consideration ". Staff has been working with the Chairman for setting the agenda for the last couple of years. That is currently where the policy stands, unless the Board would like to redirect that policy. Mr. Petty continued, "The Board is in a judicial position most of the time and matters should not be decided outside of this meeting'. As information comes in, staff is to compile it and bring it to your attention at a scheduled Board Meeting, where in that judicial review you make a decision based on your best efforts for Pelican Bay and we then move on. There should be no slow down in what happens. All matters should come before this body. Mr. Domenie stated, "I was perhaps the one who precipitated this ". I live in Breakwater and at one of the Board Meetings a question came up about lighting along Vanderbilt Beach Road. I suggested to the President of the Association that he should address a letter to Mr. Burke and I provided him with the address. About five days later I went into the Association Office and there was an unsealed envelope for me, John Domenie. I opened it and there was a letter addressed to Mr. Burke. I thought it was a copy and when I found out that it was not, I took it to the PBSD Office. Is this one of the things that you are bringing up? Mr. Petty replied, "This is a good example'. Mr. Domenie asked, "How do I tell the difference "? When I was given the envelope, I had no idea what it contained. Mr. Petty stated, "That is the reason that we would like to have this as a policy'. The letter was addressed to Mr. Burke, it got into your hands unintentionally. That is why we want all correspondence to any Board Member, or on any Pelican Bay Services Division issue, be sent to the office. We want to discourage hand delivery, because it is going to get us all in a pickle. Mr. Ashton stated, "If someone sends you an email you can respond and say that I am forwarding this matter to Mr. Petty and that way the person knows you are looking into the matter ". 6762 Pelican Bay Services Division March 7, 2007 161 19\rI Mr. Bramson asked, "Ms. Ashton, the memorandum to you from Mr. Burke was distributed to all Board Members ". I was told that my memorandum could not be distributed. I am wondering what the difference was. Ms. Ashton replied, "I did not distribute the memorandum that you are referring to, but in reviewing Mr. Burke's memorandum we considered it to be a one way communication and would be okay ". You had requested that your email to me, which responded to Mr. Burke's memorandum be distributed and I felt that was a Sunshine Law violation, because it was creating a communication between Board Members, outside of a public meeting and that really needed to be aired in a public meeting. I did not want to put you into a position where you would be in violation of the Sunshine Law. Mr. Domenie asked, "Mr. Petty, are you still going to distribute the memorandum that was addressed to Mr. Burke at this meeting "? Mr. Petty replied, "There are copies here and they will become part of the public record ". This is an issue regarding security for the residents who are concerned about burglaries in the area. Mr. Petty stated, "Let me speak to getting something on the agenda or not getting a response delivered ". If a Board Member wanted the bicycles considered as an agenda item, which we have been asked, that would be an agenda item. If another Board Member wanted me to send out a position paper against the bicycles, that puts me in a bad spot as an intermediary carrying on a discussion. Information or a topic for consideration is one thing, putting a response, either pro or against, is what we are trying to avoid. That puts the conversation before the public and gives them a chance to participate. Mr. Boland stated, "If we have a discussion at the Pelican Bay Services Division Board Meeting and I discuss it with an outside party, according to what Mr. Ward has said, is that it could be discussed as long as you had a written report and disclosed who you discussed it with ". Is that true? 6763 Pelican Bay Services Division March 7, 2007 1hI 1k Mr. Petty stated, "If that is what Mr. Ward told you, I cannot tell you that is true ". You can talk to any constituent of Pelican Bay without filing a public report. It is your fellow Board Members that you are not to discuss items with to try and reach a consensus outside of the public arena. Certainly, you should talk to residents to see how they feel. Certainly, you should be able to talk to trusted minds and advisors that you have on certain topics outside of this Board as you see fit to fulfill your duties on this Board. I don't think a written report is required. I would defer to counsel on when written reports on such meetings with other political bodies may be judicious, but I can't think of any as far as residents. Ms. Ashton stated, "This matter was addressed in a previous meeting ". Mr. Boland may be confusing this with the Board of County Commissioners, when they have a land use quasi- judicial hearing, they are required to make disclosures of who they speak the issue with, but I am not aware of any requirement of disclosure for any member of the public. Mr. Domenie stated, "It was also indicated that in a case that might affect Breakwater, I should abstain from any voting ". Is that correct? Mr. Petty replied, "Counsel would be the best to talk to this issue, but typically, the only way that you can excuse yourself from voting is if you have a personal gain in the matter". Just because you are in a position to have an opinion does not give you the option not to vote. We all live in Pelican Bay and everything that you do here affects the area in which you live. Unless you receive a personal gain from it that is the only time I would counsel you not to vote. Ms. Ashton stated, "There is a section under Chapter 286 where it does give you an out if you feel that there is an appearance of a conflict ". If you are to abstain, you need to publicly state your conflict and there is a form that you need to fill out within a certain period of time. Mr. Connell asked, "In Collier County, how many incidents of Sunshine Law violations have been successfully prosecuted in Tallahassee "? Mr. Petty replied, "I cannot give you a number, but I can tell you it is taken seriously and that the people they have enforcing the Sunshine Laws do not have a limited supply of people to enforce ". Once it is discovered, it is typically gone after with vigor. 6764 Pelican Bay Services Division 1 6 1 10 xq) March 7, 2007 Ms. Ashton stated, "It is not filed in Tallahassee, it is a criminal action ". The action would be brought against the Board Members that are potentially violating the Sunshine Law as a criminal prosecution. There have been some in Collier County in the last two or three years, so it is something you really want to avoid. It is quite an unpleasant experience to have to go through the criminal proceedings. Mr. Burke stated, "Mrs. Womble and Ms. Alvarez will be receiving a Sunshine Law package ". Ms. Ashton stated, "I do encourage any questions on the Sunshine Law be given to me ". In May the County Attorney's Office will be holding a Sunshine Law Seminar which will be available for any member who would like to attend. I will get that date and make it available to you. COLLIER COUNTY DISTRICT 2 COMMISSIONER REPORT COLLIER COUNTY MANAGER'S OFFICE REPORT Mr. Burke stated, "I have mentioned to you before that there has been an ongoing series of contacts concerning The Club at Pelican Bay and their irrigation water". It has resulted this week that the solution to that is satisfactory to both sides, to a degree. The bottom line is that The Club has a letter from the County Manager's Office that will allow The Club to proceed to the Southwest Florida Water Management people to get a grant to finance half of the sinking of an ASR well. They are happy. That has been a very fruitful discussion. Mr. Burke stated, "I have also started discussions about improvements and efficiencies in the elections for the Pelican Bay Services Division Board ". As specifics are identified, I will inform the Board in our meetings. In the meantime, I would appreciate director input for discussion at our next Board Meeting. Please let me know any ideas you may have. WEST BOULEVARD WALK PATH REPAIRS Mr. Burke stated, "When I looked at the agenda I see that this item is going to be discussed under Community issues, so I will let this go for now ". RIDGEWOOD DRIVE "CHILDREN SIGN" STATUS m Pelican Bay Services Division March 7, 2007 16 } Mr. Burke stated, "After the last meeting, I wanted to comment on the "Children Sign" request that was made by Mr. Bawduniak ". Has any progress been made on that issue? Mr. Petty stated, "Mr. Lukasz has talked with the County and they say that they have a policy that forbids them from installing these signs ". They have advised us that we could ask for a Right -of -way Permit through the County, which would have to be approved by their department and in most instances it would be denied. We are going to go ahead and fill out the permit so that we have a written response from the County to see if we can do it under a Right -of -way Permit. Mr. Burke asked, 'What is a Right -of -way Permit "? Mr. Petty replied, "It basically gives us the right, as an entity, to do what we are trying to do within the County's right -of- way ". It gives us the use of that facility. They still own it; it is still their responsibility, but they are allowing us a certain use. Mr. Domenie stated, "I was driving around somewhere and in the middle of the road somebody had put a folded sign that "Children at Play" in two or three locations ". I don't know if that was a private sign or an approved sign. I guess parents put it out when their children are playing, but it worked. Mr. Petty stated, "These signs are fairly common in other communities ". Collier County does have a policy and staff is upholding that policy. We are talking about looking at it for an exemption, or a change in Pelican Bay, to see how it works. We will go through the process first. CLAM BAY PRESENTATION Mr. Burke stated, "I don't have a presentation, but I wanted to comment that Mr. Domenie has taken it upon himself to educate the Pelican Bay community as to Clam Bay, what it is and what it represents'. He has already made his presentation to the Board of the Pelican Bay Property Owners Association and is going to make one to the Pelican Bay Foundation at a Town Hall Meeting and we have put in a request to the Pelican Bay Women's League. The feedback from the Pelican Bay Property Owner's Board is that it is a very informative and excellent presentation and everybody seems to have learned something from it. The next presentation is March 29'" at 2:00 P.M. 6766 Pelican Bay Services Division March 7, 2007 COMMITTEE REPORTS CLAM BAY MONITORING AND IMPROVEMENT SCHEDULE 16 p 1 B,) Mr. Domenie stated, "You have all received the Monitoring and Improvement Schedules for March ". Everything is up to date and there are no problems. COUNTY APPROVED $40.000 PBS&J STUDY FOR CLAM BAY Mr. Domenie stated, "The County has approved $40,000 for the PBS &J Study for Clam Bay ". We have to thank Mr. McAlphin for pushing that through the County Board. Associated with that, I should say that the contract will be signed this month. It will take at least four months to do the work, plus two months to write it up, which brings us into September. There has been a request that we delay our permitting application. On Monday there was a City Hall Meeting and when I saw that our item was scheduled much later in the meeting, I came home and watched it on television. I don't know if anyone from our Board was present at that meeting or not. Mr. Burke stated, "I did attend ". Mr. Domenie stated, "From what I could gather, at the next City Council Meeting they are going to have a Resolution, officially asking us to delay our permit process and that the City be a part of that permit ". That is disturbing to me for the City to come in and ask us to delay our permitting process and to get them involved. I don't know what our position should be on that. Perhaps we should get our County Commissioner involved on that one. Mr. Hall stated, "I believe it is going to take longer than one year to get our permit approved ". What we were trying to do is to get the application in place with plenty of time for the review to occur before the existing permit expires. I think what we had said was that we wanted at least eighteen months for that. We are getting to the date now where we want to get the application done. Mr. Domenie asked, "How would you incorporate the Tomasko Study into that "? Mr. Hall replied, "We know that the application is going to be under review". We are not going to make a submittal where DEP will say fine and issue a permit. We can have a lot of the preliminary review out of the way and incorporate some of the recommendations from Tomasko's 6767 Pelican Bay Services Division 1 6 1 1 March 7. 2007 Study into the final plan that comes out the back. I do not necessarily think it is absolutely essential to wait for their final report to make the submittal. Mr. Domenie stated, "I know that some of us also feel that the Tomasko Study taking four months, and comparing it to Lemon Bay and Sarasota Bay, may not be in any way comparable to the problem that we have here. I know that Ms. Whorley addressed that at the meeting. Ms. Whorley stated, "Basically, what I said to the City was that I think that the Tomasko Report is a good first step, however, I can see some difficulties with if'. The fact you want to use currently existing data to produce water clarity goals and if enough data was not available, which it probably won't, because the data that has been collected so far doesn't relate enough of what needs to be known about Seagrass to figure out why it is declining, such as light attenuation, turbidity, etc. The data that we currently have is nutrient data. What they have said is that if they did not have enough data they would use data from other systems and apply it to Clam Bay. Estero Bay would probably not be a good one to compare to Clam Bay because it is a lot bigger, a lot different and gets huge pulses from the Caloosahatchee River, which I am sure you have all read about in the paper. The other was Lemon Bay and that is a creek fed system. Clam Bay is not a creek fed system. The other bay that they were going to use as a comparison is Sarasota Bay, which is fifty -six miles long and fed by tributaries, all of which have been reported by DEP to be impaired by nutrients. The point is that I think you are going to end up going for data of your own to really get a handle on why these sea grasses are dying. They are also going to be doing depth surveys, which are very important. You will probably be looking at collecting some data, if you want an accurate picture, trying to figure out nutrient loadings, turbidity and sediment. Mr. laizzo, "Do you see Clam Bay as a unique situation that can't be compared to other sites "? Ms. Whorley replied, "There is probably something that you can compare it to, but off hand, I cannot think of any ". Mr. Iaizzo asked, "Do you see the Tomasko Study as a hindrance to what we are considering for Clam Bay "? 6768 Pelican Bay Services Division 1 6 1 19 March 7, 2007 Ms. Whorley replied, "No, it is not a hindrance because it does have the depth surveys, which are real important". A lot of times, when you start an investigation such as this, the first thing you do is look at historical data. I am just not sure that he is going to be able to find enough historical data to be able to make any reliable recommendation at this point. Mr. Burke stated, "A word of caution ". Mr. McAlphin summed it up very well yesterday when he said that we are waiting for the Tomasko Report. It has not been day one yet, but in one of the meetings Dr. Tomasko did mention that he has done work in Lemon Bay and other places, and that if he had to, he could use that information because it was in their system. I just caution everybody, the money has been allocated and he has four to six months for the Report. Let's wait and look at the final product to take a look to see if it is usable. Is that where you are Mr. Hall? Mr. Hall replied, "Yes, Ms. Whorley and I agree quite a bit on this ". I think that there is some collection that he is going to do that is going to be valuable to have. We are just going to have to be careful about the conclusions that are reached and whether they are actually supported by information from this system or based on information from other areas that may not really match what we have. Mr. Burke stated, "I think we can wait and look forward to the final results'. Mr. Petty stated, "I would like to speak to the issue of the City of Naples asking you to hold back on your permit ". In the permit process, there is a part for all of our neighbors and the public in general to participate in. I think that is where we invite the City of Naples to make their comments, but I think we should continue on and ask those interested parties to participate in those public hearings as part of the permit process and that we not slow it down. Mr. Boland stated, "Mr. Burke, at the bottom of your report you say that the Board of County commissioners has authorized $40,000 for this study ". We have done everything that we could. We spent $2.2 million and the County has spent $1.8 million, predicated on the advice that we got from the experts. Why doesn't Naples pay for the $40,000 study, since the complaint is coming from the City of Naples? Why does the County have to foot the bill? 6769 Pelican Bay Services Division March 7, 2007 161 19\,� Mr. Domenie stated, "Because 85% of lower Clam Bay lies within Pelican Bay ". The County offered to do it because they want to keep a good- neighbor policy with the City. They do not want to antagonize the City. Yes, the City could have put up $10,000 and the County could have funded $30,000, but nobody in the City offered. Mr. Domenie asked, "Mr. Petty, are we going to go ahead with our permit application "? Mr. Petty replied, "That would be my recommendation to this Board ". Mr. Domenie asked, "Do we need a motion "? Mr. Petty replied, "No sir, I believe you would need a motion to stop it at this point ". Mr. Burke stated, "One comment on the meeting ". If you read the article in the Naples Daily News, I thought it described the Clam Bay portion of that meeting very well. It was a good article. STATUS OF CURRENT DREDGING Mr. Domenie stated, "Mr. McAlphin has told me that they have already removed 12,000 cubic yards of sand and they have another 10,000 cubic yards to go ". They hope to finish within the allotted time and were on schedule as of Monday morning. Mr. laizzo asked, "What is the end date "? Mr. Domenie replied, "April 15"' OSPREY NEST Mr. Hall stated, "The Osprey Nesting Platform Application has been completed with DEP and is in process ". I believe they have another thirty days on their deadline for issuance. Hopefully, we will have that in hand at our next meeting. We need a construction permit from the County to actually install the nest. RECOMMEND THE APPOINTMENT OF MARY ANNE WOMBLE TO THE CLAM BAY COMMITTEE Mr. Domenie stated, "I would like to recommend that Mary Anne Womble be appointed to the Clam Bay Committee ". Mr. Nordhoff will be going off the Committee and I would suggest that Mrs. Womble be appointed as his replacement. Mrs. Womble stated, "I would very much like to be on the Committee ". 6770 Pelican Bay Services Division March 7, 2007 Mr. Burke asked, "Does that have to be by motion "? Mr. Petty replied, "You can if you want to formalize it, but typically the Chair sets all Committee positions'. The Chair can typically appoint that position, so we are looking for Mr. Burke to make the appointment. Mr. Burke stated, "I would like to make that appointment'. Mrs. Womble, there is some rumor that you have a son who is majoring in a related field. Mrs. Womble replied, "He is majoring in Environmental Science ". He assists the professors at Gulf Coast University whenever there are too many in the class to do certain types of field trips. He takes one group and the professor takes the other. OPTIONS ON INCREASING MEMBERSHIP OF THE CLAM BAY COMMITTEE Mr. Domenie stated, "We have discussed this before and at the time Ms. Ashton said that we can invite persons who are not Pelican Bay Services Division Board members to attend future meetings of the Pelican Bay Services Division Board by written letter". Ms. Ashton also indicated that the Pelican Bay Services Division Board needed to authorize the Chairman to send the letter by majority vote of the quorum present at the meeting prior to the letter being sent. Mr. Domenie stated, "I was not talking about the Board at that time, I was referring to a Committee'. Does the same apply to a Committee, if we want to have non - voting, non -Board Members on the Committee? Ms. Ashton stated, "I have been told that the Committee has the ability to make decisions on behalf of the Pelican Bay Services Division ". The question is can you still send a written letter asking to people with a certain expertise to attend? Mr. Domenie replied, "Yes ". Ms. Ashton replied, 'That is the way I would handle it'. Mr. Domenie asked, "Could they vote or not'? Ms Ashton replied, "They would not vote ". It does not sound as if you are asking them to be a member of the Committee, but just asking them to attend and provide input. 6771 Pelican Bay Services Division 16 March 7, 2007 Mr. Petty stated, "I might add, that the discussion in the past has been, can a Committee ask what they consider to be knowledgeable people to participate in conversations and there are both pros and cons to doing that. One is that the Committee gets knowledgeable advice. The second, is now that they are part of the Committee you cannot talk to them outside of the Committee Meeting as you used to, to get advice. You are stymied to some degree. If you bring them in as a non - voting member, I would then tell you not to discuss anything that would be coming before your Committee for a decision with these people anymore, because they would have to operate in the Sunshine just as you do. The only time you could talk with them would be at the meeting. I would like them to attend and voice their comments to provide that input; we would encourage that. Mr. Domenie stated, "I would like to defer that issue ". With all due respect to Mr. Craven, I see him on the berm and we look at the birds and the mangroves and comment on them. Under those circumstances that would be a big no, no. Mr. Petty stated, "Staff has also used Mr. Craven in some instances and would like to continue to do so ". Mr. Bramson stated, "We have been deferring this and I think it would be good if you did put together a consulting or advisory committee of non -board members and that they be invited to each of our meetings". 1 would like to see a motion to form such a Committee. Mr. Domenie stated, "I would have no objection to that, but the problem is the Sunshine Law". I participate with Mr. Craven on the Mangrove Action Group and if I get invited to their meetings, I am unable to discuss anything with him. Mr. Petty stated, "By formalizing it, you wind up restricting those Non - voting Members ". Right now we have a great flow of information where the Mangrove Committee can come to our meetings and speak to us and staff at any time. We have the Foundation that sends a representative to our meetings and we get their comments. It is a good flow of information at this time and if we formalize it, there will be some restrictions. 6772 Pelican Bay Services Division March 7, 2007 161 183 Mr. Burke stated, "Right now Mr. Craven attends most of the Clam Bay Meetings anyway and Mr. Roellig could be encouraged to attend ". They could be part of the audience participation, which would suffice. I run into Mr. Craven on the berm also and I can see what the problem would be. Mr. Domenie stated, "This is not on the agenda, but we have a Canoe Trail Pamphlet ". I don't know the last time that it was printed, but there are approximately six items that need updating. Mr. Hall stated, "We have the digital version of that and changes could be made to provide to your printer ". Mr. Petty stated, "Mrs. Barbara Smith will get it and edit it for typos, then we will send it around for comments and updates'. FISCAL YEAR 2007 CAPITAL PROJECT BUDGET Mr. Connell stated, "The Budget Committee met during the month of February and we are still limited to working on Capital Projects, because there is still nothing of substance with the operating portion of the budget, which is the major portion of the entire budget ". Hopefully, we will have something in April to bring to you for further discussion. The first item we have is the current Capital Projects that are being worked under in the Fiscal Year 2007 Budget. This slide has changed since we held our Budget Committee Meeting. Starting with Phase VI, we originally had a projected expense of $208,000, which has now been changed to $260,800 due to the addition of the Vanderbilt Beach Road project. Consequently, what we thought was a rather substantial unspent portion of the budget project, approximately $112,000, has diminished now to $59,200. At that time, we were going to ask this Board to approve the change in its purpose. That is not going to happen. We still have the berm retention area improvements of $438,000, which have been budgeted. We are still working with the folks that have an interest in that before proceeding. Mr. Burke asked, "Mr. Connell, did you say the numbers have changed since the slide was prepared "? 6773 Pelican Bay Services Division March 7, 2007 16 f 18x` Mr. Connell replied, "That is correct, resulting in what appears to be an over spend of $26,300 ". The slide is correct. At our meeting we were looking at a different set of numbers. Mr. Petty stated, "A major portion of the Phase VI Irrigation was put out for bid and we have the results ". There were 265 notices sent out, 14 vendors requested documents, there were four bids received, one of which was considered non - responsive. The successful low bidder was Stahlman- England Irrigation at $176,425. This does not include the landscaping. This is for the irrigation, controllers, regulators, flow meters, etc. The next highest bid is $226,810. Staff recommends award in the $176,425 amount to Stahlman - England Irrigation and we are asking for your consideration at this time, which would be appropriate since you are going through the budget. We are looking for a motion, second and approval so that staff can continue. That would fit into your $260,000 number. The sod and shrubbery would be the difference between the award at $176,000 and the budgeted amount projected of $260,000. Mr. Bramson moved seconded by Mr. Domenie and approved unanimously, on a vote of 10/0, to approve the award of bid to Stahlman- England Irrigation for the Phase Vl Irrigation Project in the amount of $176,425. Mr. laizzo asked, "Have we done business with this particular company in the past'? Mr. Petty replied, "Yes, Pelican Bay has a long history with Stahlman Irrigation ". PROPOSED FISCAL YEARS 2008 -2011 CAPITAL PROJECTS Mr. Connell stated. 'This is a proposal for Capital Expense in the years 2008 through 2011 ". At this point in time they are best estimates. Of interest is the traffic signage, which is calling for refurbishment. The largest portion is the entry markers at the three major entryways to Pelican Bay. Starting in the year 2008, this project would be limited to soliciting schematics, which would be circulated as widely as possible to get the maximum input as to style and improvement, if it is viewed as such. The numbers through 2009 and 2011 are just best guesstimates at this point in time. We would not know if it was going to be done until it is put out for actual drawings and a bid for construction. Mr. Bramson asked, "Has this project been approved by the Board "? 6774 Pelican Bay Services Division 161 1 B March 7, 2007 Mr. Connell replied, "Nothing has been approved yet and would not be until next year'. These are just projections. Mr. Burke asked, "Are you referring to the design engineering as the schematic "? Mr. Connell replied, "Yes, simply a conceptual picture, or drawing, which would be put out to several different architects'. Mr. Domenie asked, "Are the lake bank enhancements for reinforcement or to plant more plants along the lakes "? Mr. Connell replied, "It is the reinforcement ". Mr. Petty replied, "It is called a Geo Sock ". It makes for a very clean surface. The golf course has done this at a couple of locations and has done very well. It stops the indentations that you get from runoff and fish digging, causing erosion along the embankment. FISCAL YEAR 2008 PROJECTIONS Mr. Connell stated, "Next, staff has provided Budget Projections with varying increases in the text ". The first column is a budget in 2008, which would not exceed the 2007 Budget. The next column is a budget with a 5% increase and the third, a budget with a 10% increase. It is just hypothetical, but provides you with an idea of what affect increases have on the assessment. Mr. Domenie stated, "You don't show any increases for Clam Bay or Capital Projects ". Mr. Connell replied, "As I said, the column just took Fiscal Year 2007 and left it as it is for 2008, with the resulting assessment that would produce ". The same dollar figure at a 5% increase in total budget and 10% increase in total budget. That provides you some idea of what affect increasing the budget has on the resulting assessment. This is strictly informational and not based on any plan or recommendation. Mr. Domenie stated, "I still don't understand ". Ms. Jean Smith stated, "Mr. Domenie, the previous page included Capital ". That is what the assessment would be. HISTORICAL ASSESSMENTS 6775 Pelican Bay Services Division March 7, 2007 Mr. Connell said, 'The final slide is the history of the assessment to Pelican Bay residents, Ad valorem as well as Non -ad valorem, over a period of eight years ". It does not show, but I have jotted down the consistency of the total charge, when you add the Non -ad valorem and Ad valorem together. Starting with the year 2000 the assessment was $395.00, then $382.00, $392.00, $394.00, $389.00. 1 am pointing out a certain consistency with those assessments. In 2005 it jumped to $542.00 and I am told that the reason for that was a substantial increase to accommodate the East of Berm Project. It drops way down in 2006, as we all know, as the result of the Reserves that were given back to the taxpayers. In 2007 it is $423.00. BIKEPATHS Mr. Connell stated, "I want to run through the history of this issue with you ". This will be the third attempt at looking to convert Pelican Bay Boulevard to three lanes. One of which would be a four foot bike lane and thereby reducing the two driving lanes to a width of ten feet each. Pelican Bay Boulevard is twenty -four feet wide. We currently have two twelve foot driving lanes. We really only have two choices, other than leaving it as it is. One choice is to narrow the two driving lanes and installing a bike lane. The other choice is to reduce Pelican Bay Boulevard to a single lane of traffic, which seems highly unlikely. That would require crosshatching whatever was left over from the twelve foot single lane that you put in. Anyone who thinks they would not drive on that crosshatching has another thought coming. Mr. Connell continued, "One of the arguments that is made, going back to Minutes from our Board Meetings back 1997, which appears to be the first time this project was suggested, is that reducing the driving lanes to ten feet would slow down drivers". We have a benchmark in the Vineyards where they have the same width roadway that we do. They have two ten foot driving lanes and a four foot bike lane. Mr. Spanier stated, "On Alternative "A ", there is no indication of how traffic coming out of or going into these highly populated condominiums would handle the traffic and bike lane for the vehicular traffic ". This is good theory, but on the ground you have commercial vehicles and deliveries and it appears to be a dangerous schematic. 6776 Pelican Bay Services Division March 7, 2007 Mr. Connell replied, "I am not a traffic person and could not answer that ". Mr. Spanier stated, "I do not know where this schematic originated ". 161 19\^o Mr. Connell replied, "It originated with Collier County ". If you look at the bottom of the document, it shows that it was done in 2004 by the County. This is what they are showing as an acceptable alternative. Mr. Spanier replied, "That is from the County's point of view ". I am talking about the people who live here. Mr. Connell stated, "I would mention that with regard to the Vineyards, I am told by the Collier County Transportation Department that over the past two years, they have no record of any sort of a mishap between an automobile and a bicycle ". I will say that by actual count, that roadway accommodates 2,500 cars a day. By extrapolation, they have Pelican Bay Boulevard with a traffic count of 6,500 cars a day. I say extrapolation, because what they did was look at the busiest time of the day to estimate the traffic. In any event, the County would be willing to stripe it under the condition that they had in hand, a Resolution from both the Pelican Bay Services Division Board and the Foundation requesting the work. They stripped the Boulevard once before, from Gulf Park Drive, north. Dr. Varley was the Chair of this Board at that time and I recall being at a meeting of the President's Council where he was asked what was going to happen with the bike lanes and narrow traffic lanes. At that time Dr. Varley said we were going to paint them over. When he was asked why, his reply was due to a lack of interest. That Board went to the extreme of having open meetings on the subject, the record shows those Board Members came way with a 50/50 decision on what they thought that group was saying. Those who were in favor of the lanes thought they were saying yes and vise versa. In any event, the Board decided at that time to abandon it; they painted the stripes over a couple of years later and here we are today. Mr. Burke asked, "In Alternative "B" the stripes down the left would be another car lane, is that correct "? Mr. Connell replied, "No, it would be a "don't drive here" lane ". 6777 Pelican Bay Services Division 1. V 1 10 March 7, 2007 Mr. Burke stated, "Then we would have one lane of traffic north and south ". Mr. laizzo stated, "I don't think that would ever work ". Mr. Burke stated, "I have been thinking about this quite a bit ". I want to preference this, because I don't want to see columns in the paper that Mr. Burke is anti -bike lanes. The fact of the matter is, since we first went through this I was a proponent of bike lanes. I think I even suggested something like cut the traffic to one lane each way and paint one lane over completely for bikes. In the near past, issues of the day pop up, such as bike lanes, speed bumps, traffic calming devices, children signs, raised brick pavers, etc. Every once is a while, someone pops up and says the lights are inadequate at night. I have added all of these things up and pulled out all of my old emails and got to thinking that these are all issues of the day. What are we really faced with here? We have a twenty-eight year old community, whose grid was laid out pretty well because it is working, but here we are built out and on any given day we could have 13,000 people here. We have all kinds of cars coming back and forth. In the back of my mind I am thinking that maybe what we need is an "intercommunity transportation study ". I will tell you why I say that and Corporal Marceno you may know this better than I do. If we put in stripped bike lanes, does that mean no bicycles on the sidewalks? Corporal Marceno replied, "If a bike lane was placed on Pelican Bay Boulevard, bicycles must use that lane until there is a potential hazard in that lane ". If there is a pothole, they are able to leave the bike lane and enter back in on a later portion of the roadway. They have to utilize the bike lane, unless they encounter a hazard. That also means that they can not be on the sidewalks if there is a bike lane in place, because you have pedestrian traffic. As well, they can not ride two abreast because they cannot impede the flow of traffic. They can overtake a slower bicyclist, after which time they can get right back into the bike lane. Bicyclists are like motor vehicles and they must obey the laws. Mr. Burke stated, "Technically, with bike lanes we would have to site people who would persist in using the sidewalks'. 6778 Pelican Bay Services Division March 7, 2007 161 Corporal Marceno replied, "We like to use the three - pronged approach ". We have dealt with bicyclists on numerous occasions inside of Pelican Bay. We like to do the educational phase, the awareness phase and as a last resort, enforcement. We try to educate the public and if they are not going to follow the rules, we try to make them aware that if they are not going to follow the warning, the last resort for not being in compliance, is a citation. Mr. Bramson asked, "There are families with small children that are using the sidewalk novel'. Would they not be able to use the sidewalk then? Mr. Burke stated, "I don't want to put Corporal Marceno on the line ". Corporal Marceno replied, "That is a discretionary judgment". If you have a small child on a small bike that is utilizing the sidewalk with his family and is not drawing any type of complaint, that is were discretion will kick in. If you have a group of thirty bicyclists that are in professional gear and riding vigorously, we do not want them on the sidewalks, we want them in the bike lanes. Mr. Burke stated, "My point is that we address this movement of people, vehicles, bicycles, rollerbladers and the younger families moving in with babies in prams ". Everything, in and of itself, could produce unintended consequences. I think we need to know that before we start striping the Boulevard. I am all for bike lanes, but I also do a lot of walking around Pelican Bay and I would say not everybody that is on a bicycle really is all that sure of what they are doing when they are on those bicycles. When they come at me or behind me on the sidewalk, I can see those wheels shaking. To tell those same people you cannot use the sidewalk any more, you have to go out onto the bike lane; I don't think that is going to happen. There are a lot of unintended consequences before we do this. I don't want to discuss it now, possibly at another meeting, but I think that we need to take a look at the intercommunity movement of people and vehicles around Pelican Bay. Corporal Marceno stated, "If need be, I can also have a traffic Sergeant or Lieutenant come in and provide a full synopsis on his beliefs and his enforcement of traffic, specifically with bicycles and pedestrians ". 6779 181\11 16 ! 18 ,E Pelican Bay Services Division March 7. 2007 Mr. Connell asked, "To put this into perspective, isn't this really to take the bicyclists spread across the driving lanes and put them in the bicycle lane "? I really didn't think the purpose was to take children and their parents off of the sidewalk. Corporal Marceno replied, "Again, that is where discretion comes into play ". If you have a family with a small child who has a small bicycle on the sidewalk, that is discretion. Mr. Petty stated, "When we are talking about discretion, we don't have that option a lot of the time ". When we talk about 15 -30 bicyclists, they are not going to fit into this four foot wide lane, they are going to take up a full lane of traffic anyway. You have a real issue here where you have the elderly and the young, who feel safer riding their bikes at a very slow speed, as they do on the sidewalk. The consideration on the Vineyards option is that you have a four foot wide bicycle path without a two foot safety margin. Therein lays the basis of concern for the young and the elderly. Without that safety margin, it looks a little more dangerous. If you are on the sidewalk, it feels much safer. I agree that it is a bigger study that we have to look at. Mr. Doug Finlay stated, "I was stunned that there was a law on the County books that would prevent anybody from riding on your sidewalk ". I know that in the City of Naples any person can bike on a sidewalk, with the exception of Fifth Avenue South, which is commercial. Most cyclists do not choose to bike on a sidewalk, so they will pick the street. In Naples they have been trying to increase the number of bike lanes. I don't know the County law for a fact, but I would be stunned if anybody would be ticketed for biking on a sidewalk. I would like to know if that is the way it is, because it needs to be changed. Mr. Connell stated, "One other item I have found is that the County, much to my surprise, is planning to repave Pelican Bay Boulevard again, within the next year". Mr. Petty stated, "With regard to the issues of sidewalks and bicyclists coming before you, it already has ". In Okamont, you have been asked to leave that just to pedestrians and that no bikes, skateboards or rollerblades are allowed. The same thing could happen to the sidewalks here. It is something that should be discussed and should be researched. 6780 Pelican Bay Services Division 1 6 l 1 March 7. 2007 Mr. Ted Raia — St. Raphael — "I am a bicyclist ". I ride to the meetings. At the last meeting Mr. Petty had suggested having the right lane for bicyclists and cars and a sign showing that. At the same meeting you were going to do some repair to the sidewalk on West Boulevard near St. William church. I might suggest that we look at doing that repair and making it a six foot wide sidewalk and see how that turns out. If it is successful, we can look at considering doing that in the future as we repair sidewalks. We could encourage people who are older and children to use the sidewalk. I ride very comfortably on the road. I might add that I would rather risk receiving a ticket than ride in the bike lane along U.S. 41. 1 think it is absurd to put a bike lane along U.S. 41. Those sidewalks should have been made wider to accommodate cyclists. Mr. Bramson asked, "Does the Foundation Board have any comments on this issue "? Mr. Hoppensteadt stated, "I think that the Foundation Board would struggle with the very same issues as this Board is struggling with ". I believe the idea of a study would be the best way to go. Mrs. Craven stated, "I brought this subject up at the last meeting and I am thrilled that it is being discussed ". My perspective is that the traffic pattern here for pedestrians and bicyclists appears to me to be woefully inadequate. You have bikers, walkers and runners all sharing the very narrow lanes on both the berm and what we consider to be sidewalks. I don't feel safe riding my bike in the street, because it is not an identified bike lane and I don't want to share it with cars. I just don't feel safe doing that. I have lived in other cities where they have pushed on making really wide sidewalks where they actually paint stripes on part of them for pedestrians and part for bicyclists, skateboards, etc. and it works very well. I think the idea of a study is good and that you should look at all of those issues. I personally like the idea of being off of the road and having an adequate space for everybody. Mr. Domenie stated, "I go to the Vineyards quite often and the speed limit there is 5 mph higher than here'. It is not the same traffic, but I have never encountered a problem with passing cars and cars passing me. They have a four foot bike lane. I bike also and if there were a strip I would feel a little safer. I don't know what the statistics are with regard to accidents with bikes on 6781 Pelican Bay Services Division 1 6 1 March 7, 2007 Pelican Bay Boulevard or within Pelican Bay are, but if there are none then perhaps striping is not necessary. I would like to see some statistics. Mr. Burke asked, "When the striping was done several years ago, do you recall if it was one of thee plans "? Mr. Connell replied, "It was Alternative "A ", with two ten foot lanes and one four foot lane for bikes ". Mr. Steve Seidel stated, "For two or three years my wife and I on Monday mornings would pick up excess bakery goods for Collier Harvest ". One of our spots to drop things off was the Community Center at the Vineyards. I can't recall ever seeing anybody riding a bike on the street over there. Recently, when this came up at the Foundation, we decided to look at the Vineyards and I believe that in driving from Pine Ridge Road to Vanderbilt Beach Road and back we may have seen twelve bikers on the sidewalk. My question is, is this a bike path? Mr. Petty provided a detailed demonstration, to scale, of two ten foot wide driving lanes and one four foot wide bike lane. Mrs. Womble stated, "I can remember when the meeting was held about the bike lanes and Mr. Connell, you are absolutely right when you said that there was a lack of desire ". I had forgotten until you mentioned it, that most people like to ride in groups of two and three and that is why there was a lack of desire for the bike lane, because it was not wide enough. That is why it was removed. Mr. Domenie stated, "Some time ago the question came up about widening our walkways ". There were problems associated with it, besides trees and tree roots. I thought there were some legal issues. Mr. Petty replied, "No ". The system was designed as a pathway and the idea was always that they would have multiple uses. That is one of the reasons that it is asphalt and not concrete. In some areas there may be a tight fit to expand them, but I think in many of the areas you could consider such a matter. 6782 Pelican Bay Services Division March 7, 2007 16 .1 190 Mr. laizzo asked, 'The first Wednesday of every month I have to be elsewhere at 5:30 P.M. ". I would like to make a recommendation that this Board change their meeting time to start at 2:00 P.M. If it is not a big impact, I would be able to get my business done here and elsewhere. Mr. Burke asked, "Does anyone else have a problem with a 2:00 P.M. start time "? Mr. Petty stated, 'There is consideration that has been raised by a member that before the end of the meeting there might be a consideration for a vote to change the meeting time from 3:00 P.M. to 2:00 P.M. ". Of course, the date and times would have to be advertised accordingly. Mr. Burke asked, "Do we need a vote to change it'? We have to look into the availability of the space. Mr. Petty stated, "We will check the room for availability and then make the decision ". Mr. laizzo left the meeting at 4:30 P.M. Mr. Cravens stated, "You were asking about the meeting room and the availability". Ms. Kolling is here and would like to talk to you about the need for a bigger change than that. Mr. Petty replied, "Staff will talk to her about that change'. Mr. Bramson stated, "In the February 281" financials, the assessment receipts are $319,000 below budget'. How is that happening? Mr. Petty replied, "You have the option of paying in November and receiving a 4% discount, December 3 %, January, etc ". It depends upon when the people want to pay their assessments. We are taking the year and dividing it into twelve. It appears we are not going to get our money, but we always do. GOVERNMENT RELATIONS Mr. Spanier stated, "Since I am coming to the end of my term, this is not a good time to introduce additional items'. CONTRACT MANAGER SERVICES Mr. Petty stated, "You have a contract for an Administrator with Severn Trent Services ". In your agreement with us, you have the ability to defer to the Manager of your choice. From a 6783 Pelican Bay Services Division March 7. 2007 16' corporate perspective they have installed a Regional Manager in Fort Myers and corporate would like to know if the Board would like to consider a different Manager who may be of a more regional nature. I am bringing that to your attention, hoping that you think that I am pretty. I certainly like working for Pelican Bay, but it is an option that you should be told about, because this new Regional Manager is in Fort Myers. Mr. Burke asked, "Do we have to make that decision today "? Mr. Petty replied, "No, you do not ". I am bringing that to you because corporate has every intention of bringing it to the Board for consideration. Mr. Burke asked, "Should that be on the agenda for our next meeting "? Mr. Petty replied, "If you would like ". That way I can make sure the area representative is here also. RED FLAGIGREEN FLAG Mr. Petty stated, "At the time of conversion from the Pelican Bay Improvement District to the Pelican Bay Services Division, there was a 14+ acre site that contained water treatment facilities and housed the field operations that were turned over to the County ". When the County converted its utility division into a separate authority, it came to be that the lands that they have facilities on and the lands that we are operating our services out of, should be accounted for separately. They have asked our field staff to determine, what lands on the site we would need for our operations, so that they can separate the costs appropriately. We have shown you a map of what we believe our field services would require, which is basically everything that utilities is not currently using. If that is appropriate, we will continue the discussions with our counterparts at the utility authority and come back to you with any interlocal agreement that may be required. Mr. Burke asked, "Can everything be ascertained from the material we received "? Mr. Petty replied, 'The area that is outlined is what our staff has said that they believe the Services Division needs and can make use of and does not interfere with the utility group ". This has discussed with the utility group as well. It should work out well. Mr. Burke asked, "Is building #11 fully utilized "? 6784 Pelican Bay Services Division March 7, 2007 1E)1 Mr. Petty replied, "Yes it is ". Inside the building we may have to work out a deal with the utility authority, because they are currently housing some of their senior people in some of the offices there. ADMINISTRATOR'S REPORT CAPITAL PROJECTS IRRIGATION AND LANDSCAPE IMPROVEMENTS PHASE VI Mr. Petty stated, "Other than what we brought to you earlier as the irrigation bid, that was the only new item we had to discuss ". Mr. Petty stated, "We have begun the repair work on the sidewalks along West Boulevard ". The completion should be within a week to ten days. US 41 MEDIAN IRRIGATION CONVERSION Mr. Petty stated, "Along US 41, the County is converting the irrigation to effluent reuse water". They are also going to try to do a few other changes that Mr. Lukasz has requested for the use of our system on the berm. Mr. Domenie asked, "What is going on along North Pointe Drive with the construction by the Water Department'? It started off with something small and now they have two areas blocked. Mr. Petty replied, "I do not know". This is the first I have heard of the situation. Mr. Domenie stated, "I have a question about the lighting on Vanderbilt Beach Road ". Mr. Petty asked, "The letter about the security concern "? That is the letter referred to earlier in the meeting. Mr. Domenie replied, "Right ". The Sheriff has suggested additional lighting in that area. Mr. Petty stated, 'The letter is from the President of the Breakwater Commons and does talk about lighting in that area ". We have copies that have been distributed. You can certainly consider such an item, but it may be more appropriate for discussion through the Budget Committee and is where I would suggest that it be considered ". HURRICANE WILMA STORM DAMAGE 7 : `, 1 ova Pelican Bay Services Division March 7, 2007 HURRICANE CHARLEY STORM DAMAGE 161 18,x, Mr. Burke stated, "It does not appear that there is any update on the hurricane status ". Mr. Petty replied, "That is correct ". Mr. Burke stated, "I would like to note that at the March 27th Board of County Commissioner's Meeting I will be making a brief presentation to the Commissioners on the status for the Pelican Bay Services Division Board ". The presentation has been pretty well prepared and I will be there to make that presentation. ADJOURN There being no further business the meeting adjourned at 4:45 P.M. 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Naples, Florida LET IT BE KNOWN, that the Budget Committee of the Pelican Bay Services Division Board met in Regular Session on this date, February 21, 2007 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Coleman Connell, Chairman Mr. John laizzo Mr. John Boland Mr. David Bramson (Absent) ALSO PRESENT: One member of the general public; one (1) member of the Pelican Bay Services Division Board; Mr. James Hoppensteadt, President, Pelican Bay Foundation; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division. AGENDA 1. Roll Call 2. Approval of Minutes of the November 15, 2006 Meeting 3. Audience Participation 4. Fiscal Year 2007 Capital Project Budget 5. Proposed Fiscal Years 2008 -2011 Capital Projects 6. Fiscal Year 2008 Projections 7. Historical Assessments 8. Audience Comments 9. Adjourn ROLL CALL Mr. Connell called the meeting to order and asked that the record show all members present with the exception of Mr. David Bramson. APPROVAL OF MINUTES OF THE NOVEMBER 15. 2006 Mr. laizzo moved seconded by Mr. Boland and approved unanimously, the Minutes of the November 15, 2006 AUDIENCE PARTICIPATION There were no comments from the audience. Mr. Boland asked, "When was the last time that Collier County was audited, or have they ever been audited "? 519 PBSD Budget Committee Meeting February 21, 2007 16 B Mr. Petty replied, "An audit is required every year ". Every year the county is audited by an independent auditor, as required by Statute. The results are public record and are submitted to the State Department of Revenue and various other agencies. Mr. laizzo asked, "Are you saying that our budget is audited "? Mr. Petty replied, 'Yes ". Every expenditure and budget line item in the County's budget, and any other governmental agency, is required to be audited by an independent auditor if it exceeds $50,000, or if it has been a period of two years or less between audits. Mr. laizzo asked, "How is it that we never get the results of the audit "? Mr. Petty replied, "They are available to us and we will be glad to get you a copy of last's year's audit for review if you wish ". Mr. laizzo replied, "Sure ". Mr. Connell asked, "Is this an outside auditing firm "? Mr. Petty replied, "Yes, it has to be an independent auditing firm ". The audits are public record and handed out in various forms. The County has one form called a Comprehensive Annual Financial Report. We will get a copy in our office and make it available. Mr. laizzo stated, "I have seen that report". Ms. Jean Smith stated, "I don't believe that the audit for Fiscal Year 2006 will be complete until early spring ". Mr. laizzo stated, "Fiscal Year 2005 would be fine ". That way I can familiarize myself with the numbers. FISCAL YEAR 2007 CAPITAL PROJECT BUDGET Mr. Connell stated, "The first item on the Agenda is Fiscal Year 2007 Projected Spending ". This is the budget that is already in place and you can see from the landscaping and irrigation projects, as completed, will result in unspent funds in the amount of $112,000. The $81,900 on Phase IV appears a bit out of proportion, but it isn't when you go back and examine it from the beginning. As I recall, that project was in excess of $250,000. Keep in mind, that staff is recommending that the $112,000 be reclassified for use for Oakmont Parkway Irrigation in the coming year. 520 PBSD Budget Committee Meeting 1 6 B t February 21, 2007 Mr. Petty stated, "We have started strategic planning with our Pelican Bay Services Division and the Foundation also has a group looking at strategic planning for the community". We have verbally told them that we would be positive to listening to their suggestions. Your Capital Program currently has existing projects and those that staff may have in their immediate vision. We don't know if we will be changing any of this once we see that strategic vision come out, so staff is trying not to go too far into the future. Mr. Connell replied, "I understand and know that it is not cast in stone, but I am assuming that we will be going ahead in Fiscal Year 2007 with the projects you see listed ". Mr. Petty replied, "That is our intention, subject to direction by the Board should another priority come up; we may put this at a lower priority, but right now this is where we are ". Mr. laizzo moved seconded by Mr. Boland and approved unanimously that the Budget Committee recommend to the full Board the reclassification of $112,000 in unspent funds from the Landscaping and Irrigation Project to the Oakmont Mr. Boland stated, "I just looked at my tax bill and I understand our being a donor community and our fare share discussions, but there is an awful lot of money paid in Ad valorem Taxes by the people of Pelican Bay ". It includes lighting districts, road districts, water and sewer districts, etc. When we are talking irrigation, I assume we are talking sewers, right? Mr. Connell replied, "No ". Mr. Boland stated, "Okay, let me get to another category, Water Management General Operating Fund and Capital Outlay ". With all of the money that we pump into that, we never seem to get much of that money back. Then we turn around and have a Non -ad valorem Assessment. It just makes no sense to me. I think the number is now approximately $60,000,000. 1 would like to know how much of that $60,000,000 that we pay in our Ad valorem Tax comes back to Pelican Bay. I think that is a fair question. Do we get 7 %, 10% or 15% back? Mr. Petty replied, "We did ask that question and it can't be answered by the County, since they do not track Ad valorem spending on an area or per development basis ". Part of that I understand. The police services are from Ad valorem Taxes. The court and prison system is on 521 PBSD Budget Committee Meeting February 21, 2007 16a 1B�-� an Ad valorem basis and it is very difficult to determine. We have talked to the County about that and do understand that it is difficult to track and may cost more than it is worth to track, even if you could. We do know that the quantity of dollars coming from Pelican Bay makes it a very large donor community. We are proud of the fact that the Pelican Bay Services Division, for every dollar taken in, a dollar comes back to the community. It is all spent here. The Ad valorem Tax is difficult to track. For the county -wide service area and for municipal services, they are very difficult to track. Those are for the services above and beyond what is considered to be the norm for standard County service delivery, which is a constantly moving target. To try to define it is difficult since the County has been increasing the responsibility almost exponentially each year. Basically, they are charging everyone that has not incorporated into a municipality, an overlay assessment, to cover municipal style services that they are required to deliver since no city does it for them. It goes to pay for any service level above what is considered to be standard County level. When you look at the expenses that they put the moneys to, it goes for Capital Improvement Projects, typically, the beautification of entryways, entry features, irrigation systems, parks and recreation and I have seen some planning and zoning issues, as well, for some corrective actions. The County uses this to address some of the needs that are considered municipal around the County. Mr. Boland stated, "I have worked for some of the largest corporations in the world and believe me, we had to account for every penny, and if you didn't you had a problem ". I don't think it is that complicated to keep track of labor, materials and salaries. Mr. Petty stated, 'It is far more organized than putting it into one pot and letting it fall out". There are cost categories and their tracking Is based around gap accounting for government, which is fund accounting. It is more about how much was spent by the police department in each of the various divisions. The fund accounting is general funds, enterprise funds, special project funds, capital funds, etc. I believe that we have four or five different funds ourselves and we are a very small piece of the County. It is tracked quite carefully and the Pelican Bay Services Division can tell you where every dollar went inside of Pelican Bay, because we are that close to home. The County covers a much broader area so they track it, not by how much they spend in 522 PBSD Budget Committee Meeting 1 6 1 Z February 21, 2007 Pelican Bay, but possibly by the per capita system, which is the typical way to track. How much are we spending on a per person basis in the County? While I'say these things trying to justify the logic behind the expense, let me tell you that I stand with you in that a lot of money leaves Pelican Bay and some of it needs to come back. PROPOSED FISCAL YEARS 2008 -2011 CAPITAL PROJECTS Mr. Connell stated, "These projects are a result of recommendations from the staff'. The first is to do some work on the cul -de -sacs, which would require some of the irrigation to be moved, because it occasionally gets damaged by the trash trucks. This would also require beautification in some fashion. Mr. Connell continued, "We have Lake Bank enhancements, which would be work to overcome erosion, over a three year period, on a number of lake banks in Pelican Bay ". This would include Oakmont Lake, Georgetown Lake and I am sure there are others, because they are within our area of responsibility. Mr. laizzo asked, "Is the lake bank enhancement just going to be maintenance, or is it going to be something that is added that was not there before "? Mr. Lukasz replied, "Something added ". It is the system that we talked about at a previous meeting. works ". lakes. Mr. laizzo stated, "That is a good idea and you should show the Board exactly how that Mr. Lukasz provided a display of the Geo Sock System contemplated for use around the Mr. laizzo asked, "Who are we going to outsource that work to "? Mr. Lukasz replied, "There are three firms that 1 have been able to locate ". Mr. laizzo asked, "Have we used them in the past "? Mr. Lukasz replied, "I have not used them in the past, but the golf course has used two of the three firms ". Mr. Hoppensteadt asked, "How many lakes are in Pelican Bay "? Mr. Lukasz replied, "Forty- five ". 523 PBSD Budget Committee Meeting 161 February 21, 2007 Mr. Hoppensteadt asked, "Is the plan to do this in all of the lakes "? Mr. Lukasz replied, "No, only in certain lakes that would be identified as having substantial erosion ". Mr. Petty stated, "Some of the smaller lakes don't get the wave action, so there is no material reason to go into those lakes and do this application ". Some of the lakes are on the golf course and are taken care of as part of their regular maintenance program. Most of the lakes we will be addressing are around residential areas. Mr. Connell stated, "Traffic signage is not an item for the year 2008, however, if and when it is approved, it will be to refurbish the masts on which the stop signs and various other signs are mounted throughout Pelican Bay. They are beginning to show wear from the weather. Mr. laizzo asked, "How old are our present signs "? Mr. Lukasz replied, "Approximately six years old ". Mr. laizzo asked, "How many years can we normally expect out of the signs "? Mr. Lukasz replied, "I don't know, they were all put in new ". They would not need to be replaced, but to refinish the existing structure, since they are starting to fade. Mr. Connell stated, "The next item is the entry markers and the design engineering for entry markers ". This first step in the year 2008 is to put together a plan for refurbishing or replacing the entry signs at the three main entrances from U.S. 41. Mr. laizzo stated, 150,000 to just come out with a design seems high to me and $200,000 for the next three years is outrageous". Mr. Lukasz stated, "Until the design is completed, we have no idea what the number would be for the actual construction ". Mr. laizzo stated, "I would suggest that if the numbers are coming in that high that we definitely look around ". Either the County looks around or we look around ourselves. Mr. Connell asked, "Look around for what "? Mr. laizzo replied, "Additional input from others that would provide the same type of signage ". 524 PBSD Budget Committee Meeting i 3 February 21, 2007 Mr. Connell stated, "I am not sure I understand ". The work would go out for bid, along with a set of specifications. Mr. Petty stated, "What we are talking about, if you would like to look at the entry features and have a design done, is that you would get a designer that specializes in right -of -way architecture to do this work ". We are putting a dollar value on the work that we think would provide you the ability to get up to three separate designs. Mr, laizzo asked, "Would $50,000 bring in three different designs "? Mr. Petty replied, "That is what they will do ". They will provide three design concepts built around their interpretation of the dichotomy of the group. That is from a professional designer and, of course, there are other options if you know exactly what you want. That number was placed in there because we don't know exactly what we want. Mr. laizzo asked, "How many entrance designs are we going to need "? Mr. Petty replied, "That would be determined by the Board ". You have Gulf Park Drive, Pelican Bay Boulevard North and Pelican Bay Boulevard South ". There are three entrances on Vanderbilt Beach Road. Mr. Lukasz stated, "The three on Vanderbilt Beach Road are entrances, but not with signs ". There is one sign at North Pointe Drive. Mr. laizzo stated, "I would think that you would need them at Gulf Park Drive and the Pelican Bay North and South entrances ". Those are the three major entries. Mr. Petty stated, "1 don't think anybody is talking about making any big expense at any of the side entries ". It is more about the main entries. There are differences in the signage now. The entries have commonality in design, but if you look at the anchors at either side of Pelican Bay, we do not match. Mr. Hoppensteadt asked, "Would you want to be more consistent "? Mr. Petty replied, "That is where we would like to work with the Foundation on their strategic plan and match that to the best of our ability ". Mr. laizzo stated, "I would like to work very closely with the Foundation on the issue of entry designs ". I would also like to see more than one company come up with a design for us. I 525 PBSD Budget Committee Meeting 1 6 February 21, 2007 guess we would also identify the height and width for them to work with. We are not just going to say provide us a design, we will give them the facts to work with. Mr. Petty stated, "That is difficult ". When Pelican Bay was first created, the entry features were all natural. As a matter of fact, an award was presented by President Reagan's wife, Nancy Reagan, to Westinghouse because they left all of the existing trees and vegetation where possible. There were a lot of upland pines, palmettos and oleanders. Over the years a lot was lost, but some still remains. What the entry features are going to look like is subject to a lot of different values, perceived by a lot of different people. I couldn't possibly tell you what the size or shape will be. We will spend the money to have the designer float the project around and, hopefully, get a majority share of the public's approval. I don't think we have a good idea. Mr. Connell stated, "I imagine that the time consumption is going to come after either the specifications are done, or the designs are shown, because there are so many different ideas and opinions as to how Pelican Bay should look ". It is just a start and we are trying to get the ball rolling to include as many people as possible. Certainly the Foundation and the Pelican Bay Property Owners would be a part of it. Mr. laizzo stated, "The more I think of it, the costs should be through us ". I think the Foundation should have a significant input on the entry markers, since I think they represent the community more so than the Pelican Bay Services Division. Our duty is to beautify, protect and preserve whatever presently exists. I believe that the Foundation is in charge of the entry markers, but I believe we should be charging the community for that cost. Mr. Burke asked, "Do you see the Pelican Bay Services Division with any input at all, or just doing as we are told "? Mr. laizzo replied, "I believe that entry design is representative of the community and not the Services Division ". Mr. Burke asked, "Do you think we could work together on it"? Mr. laizzo replied, "I don't know that it is our business'. Mr. Burke asked, "Then why are we talking about it "? 526 PBSD Budget Committee Meeting 6 �3 February 21, 2007 Mr. laizzo replied, "That is right, the more that we kick this around, I think it is out of our jurisdiction and we can scratch it ". Mr. Hoppensteadt asked, "What is the process "? It is clearly a Services Division cost. We are in your sandbox and this is an issue that the Foundation would like to have some role in, to the extent that we can get as much community input as we can. Mr. Connell stated, "The reason that it is out there is because it is our province ". We are just trying to get the ball rolling. Mr. Hoppensteadt asked, "How would this roll out "? Mr. Petty stated, "We have done this once before ". Who pays for it and who is more responsible, I don't want to get into. I think that what we are saying is that since we were involved with it in the past and we have been doing the landscaping around there, it would be appropriate that we start it. We have a very strong commitment to work with the Foundation, because we want the overall look and feel of Pelican Bay to be unified. I think the Board has committed to working with the Foundation. Since it is part of our bailiwick and what we have been maintaining, I think that the Board has to be involved in the process. Mr. laizzo stated, "Okay, allow the Board to be involved, but the Foundation handles code enforcement for the community, so we are going to have to be very careful ". Mr. Petty stated, "There is no code enforcement on government owned property". Mr. laizzo stated, "I don't know who owns the entrance ". Mr. Petty replied, "It is a right -of -way and code enforcement would not apply, but of course, we want to be within the accepted aesthetic values of the community". It is the intent of the Division to work to the best of our ability in that regard. Mr. Boland stated, "It doesn't matter, it is going to have two pots ". If the Foundation pays for it, they will raise the assessment. If we raise the budget, we pay for it as a tax. If we pay through the Division it comes out as a tax. With all of the problems with hurricane insurance and everything else, I think the average homeowner would rather have it as a tax, because an assessment is not deductible. Mr. laizzo stated, "This is not an Ad valorem Tax ". 527 PBSD Budget Committee Meeting 161 February 21, 2007 Mr. Hoppensteadt asked, "Is there enough money there "? When you start talking about electrical and lighting and in my conversations with Mr. Lukasz, this money would have just brought the existing design up to date. If you start getting into other things this is not near enough money. Mr. Petty stated, "We did take a look at this a couple of years back and looked at other communities to see what they were doing ". It is not uncommon to spend anywhere from $25,000,000 - $50,000,000 for an entryway. You can look at Mediterra, which is approximately five years old, and they spent a huge amount of money in there. Some of these communities can be unbelievable. Pelican Bay has always been about understated elegance. I think that is the theme that we have currently projected in our thoughts. Now whatever we come up with as a design is a design, but these dollar values are not for a grand scheme at all. This is for what a typical monument, of a similar size and composition as we currently have, would be if we kept most of the infrastructure of the entry feature in place. We are certainly not going to be putting in water falls and architectural structures for this kind of money. Mr. laizzo stated, "For this kind of money I would like to see two or three designers come in with the kinds of designs that could be accepted ". I would not want to deal with one particular company for the entry markers. Mr. Connell asked, "Are you talking about the construction "? Mr. laizzo stated, "No, I am talking about the initial design ". Let's see who is most creative and at the best cost. Mr. Connell replied "Sure ". Mr. Burke stated, "You are not going to get three separate designers in for $50,000 ". Mr. Petty replied, "I agree ". That is a pretty tight number for three. Mr. Burke stated, "I think $50,000 would get us one designer with three different designs ". Mr. laizzo stated, "I think we could spend $10,000 415,000 for a designer to come in with a design on the markers ". If you find three of those you could keep it down to $50,000. 528 PBSD Budget Committee Meeting 1 6 1 February 21, 2007 Mr. Petty stated, "For this kind of money, you are going to get an architectural rendering, no blueprints or specifications ". Your dollar value for construction would then add $45,000- $50,000 back in later on. You still have to pay for the blue line drawings and specifications. Mr. laizzo stated, "We have to be careful how we do that also ". When we give the work to the designers to come back with a concept, we also have to tell them that the money they will receive will be worked into the cost of the design itself. Mr. Petty replied, "The first question they will ask you is, how much money do you want to spend "? Mr. laizzo stated, "That is a give away and I wouldn't deal with that". Mr. Petty replied, "You have to ". Mr. Hoppensteadt stated, "You could get three designs with concept presentations to the Foundation Board and the Services Division Board ". Mr. Petty stated, "They will provide you with three views of one design, small, median and grand ". That is not unusual. I think that is all we are looking for and not three radical designs from each designer. The suggestion of different designers was to get different ideas and different schools of thought, which is a very good idea. Mr. laizzo stated, "Give them the specifications to work with and then turn them loose ". Mr. Petty stated, "Yes, and if your rendering was the one that was picked, you would be awarded the design and that would be the blueprints and where you would have an award of anywhere from $50,000 4100,000 for the drawings and design ". The contract documents have to come from the entity, as well, and would be money well spent. You are not going to get the big boys for $15,000. You will get smaller firms. Typically, the bigger firms do not fool around on this kind of thing, not unless it is extremely easy and somebody on their staff can submit something to see what happens. This is going to be to a landscape architect first. For the design concept you might get a reasonable response. Mr. Connell asked, "What was our response the first time around "? Mr. Petty stated, I believe it was $20,000 and we used our landscape architect, Jack Lieber, which is one of the bigger firms around ". Of course, we already have a contract with him, 529 PBSD Budget Committee Meeting 16 February 21, 2007 which is why he came in at that value. I like the idea of having more than one. If that design comes in lousy, you feel as if you lost time and time is kind of important. Mr. laizzo stated, "I would feel better with three ". Mr. Burke asked "How do you know this "? Mr. laizzo replied, "I don't, I am suggesting that we try it and see if we can bring in three designers for under $50,000 ". If we fail, then we can reconsider it, that's all. Mr. Hoppensteadt stated, "If you put $50,000 in for concept, then you need to put in another $50,0004100,000 for drawings and details ". Mr. laizzo stated, "Let's get to the first one first". Mr. Hoppensteadt stated, "I believe that for 2008 you need $150,000 ". Mr. Connell asked, "This assumes that we would get some sort of a decision from the community within a year'? Mr. Petty stated, "You would have a design concept to look at and approve; you would have the plans drawn up and ready to bid the construction within one year. You would not start construction in the year 2008, but in 2009 or thereafter. Mr. laizzo stated, "I just don't know how fast we are going to be able to move on that ". If we say we are going to move in 2009 we could probably live with that, if we can deal with $50,000 in 2008. If we are going to have to deal with more, the $112,000 that we set aside for the irrigation looks interesting. Mr. Petty stated, "I suggest we use the number as it sits and staff will go out and find out what we can get for design renderings and what the market will bear'. Mr. Connell stated, "I think you have a feeling for the thinking here, but we have to get started somewhere ". If this is just a phone call to someone to get a ballpark figure for a concept that is a start. Mr. Petty stated, "There is no reason to change the number at this date and the intent is to start the process on the entry markers ". Mr. Boland stated, "Can we go to the same place as before to get a comparison in undertaking his project "? If we could justify it by other projects we could see if it is good. 530 PBSD Budget Committee Meeting February 21, 2007 Mr. Petty stated, "I can tell you from working in other communities such as Pelican Bay, once they find out a cost of the design and concept, they typically want to copy from it so they try and take that design and spend a little more money and get an overall landscaping design and carry it out throughout the community ". If you make a statement with your entry feature and not carry it throughout the balance of your community, you sometimes lose the impact. Mr. Boland asked, "From your experience, do you feel this is a ballpark figure "? Mr. Petty replied, "I feel it is a low figure ". I have done this before and even if you were just doing landscaping improvements, you could spend $200,000 very easily at one entry. Mr. laizzo asked, "Do you have the costs we went through the last time with the entry markers "? Mr. Lukasz replied, "I believe we spent $400,000- $450,000 for everything ". Mr. laizzo asked, "Was that for all three markers "? Mr. Lukasz replied, "All three entryways ". Mr. Connell asked, "What is the pleasure of the Committee, do you want to go with the $50,000 to see what it will buy us, or do you want to increase the number"? Mr. Boland replied, "I would go along with the $50,000 ". Mr. Petty stated this was a low figure and he has had this experience before. Mr. Boland moved seconded by Mr. laizzo and approved unanimously to recommend to the Pelican Bay Services Division Board the inclusion of $50,000 in the Fiscal Year 2008 budget for entrvwav desian conceals. FISCAL YEAR 2008 PROJECTIONS Mr. Connell stated, "The 2008 projections are based on whether our spending did not increase in the year 2008, went up 5% or went up 1 OW'. This is just to provide you an idea of what the decision we recommend to the Board would have upon the assessment. Mr. Hoppensteadt stated, "I recollect that the projected assessments go up in 2009, 2010 and come back down in 2011 ". I have never seen an assessment go down. I don't know if you want to put out a budget that shows a decrease of $5.00 in 2011, even if you just held the $53.00 level. 531 PBSD Budget Committee Meeting 16 i February 21. 2007 Mr. Connell stated, "I understand what you are saying ". It was staffs best estimate at the time they put this projection through two years from now. I understand what you are saying and it normally would never go down. We can certainly modify it to bump it up. Ms. Jean Smith, "We try to keep the assessment level ". We did not think it was a good idea to hit them with $300.00 one year and $25.00 the next year. Mr. Connell stated, "If it will satisfy the requirements, just modify this to go to $53.00, so that we don't show our assessment as going down ". Mr. Petty stated, "To show it going up while our existing Capital Projects are being completed and starting to tail off is what we are basically talking to the Committee on ". It does occur to me that with the strategic plan coming up soon and those Capital Projects that we are waiting to see, we need another line item that says "Strategic Plan ". That is where we can take the number up by a percentage that year and we would anticipate that to include quite a few items. Mr. Connell asked, "Mr. Hoppensteadt, do you have any idea when the Foundation will come through with the Strategic Plan that can be reduced to dollars, at least the part of the Plan that will be the responsibility of the Services Division "? Mr. Hoppensteadt replied, "No, but I think Mr. Petty's point is a good one ". In all my capital planning experience if you are talking about future years, you should throw in a contingency. I don't know that you know what it is going to be, but you know it is coming. Mr. Petty stated, "We do know that it is coming and we need to start giving the impression that we know that there are going to be costs coming to Pelican Bay ". We suspect that it is going to be an acceptable increase. If we have a miscellaneous category called "Strategic Planning" that shows no greater than a 5% increase, I think that gives the right impression. That tells people that we are expecting more Capital Projects in Pelican Bay, but they should be of a manageable, workable nature. Mr. Connell stated, "We have no idea what they are coming forth with ". We may not even be mentioned in the Strategic Plan, I do not know. 532 1 U PBSD Budget Committee Meeting 1 6 1 February 21, 2007 Mr. Boland asked, "Is this the same as the Workshop that you called to give the presentation on, "Strategic Plan "? We did not vote on that issue did we? Mr. Burke stated, "I don't know what there was to vote on ". Mr. Connell stated, "I know what you are referring to, but there was nothing put before the Board as a proposal to say yes or no to ". It was described and the words used were that the Foundation would take the lead in the Strategic Plan, but it did not ask us to take any action. Mr. Boland stated, "I agree with your logic, but I don't see how we can discuss it if it has not been approved by the Board yet ". Mr. Petty stated, "That is why you have a five year plan based on projections, not matters that have been voted on ". This is what staff and the Board feels are reasonable to expect. The Strategic Plan is a vision. Mr. Boland stated, "I would personally feel more comfortable if the majority of the Board agreed that we were going to jointly work with whatever the Services Division responsibilities were with the Strategic Plan ". I don't believe we ever voted on that. Mr. Burke stated, "Part of the Strategic Plan is that the community, in order to continue to upgrade and keep Pelican Bay competitive, and the Strategic Committee says that we need to upgrade the signage at the three entrances that is something we would work together on ". That is the way I took it. If we need new signs, we would all work together on it. Mr. Boland asked, "You don't think we need a vote of the Board to work together"? Mr. Burke stated, "We said at that meeting that we were more than willing to work together'. Mr. Petty stated, "I have been in several meetings where the Board has asked itself if they wish to work with the Foundation ". Even going back to when we had our largest disagreements, during annexation, this body as a group decided that they did wish to work with the Foundation to the best of their ability and has voiced that many times. I think that is all we are saying here also. We are not committing to funding any of the Foundation's Strategic Plan objectives. We are looking for them to provide us their observation, so that any of the duties that 533 PBSD Budget Committee Meeting 1 b 1 February 21, 2007 fall upon us can be considered. Anything that we do in a long term plan, which is what you are doing here, we would like to be money well -spent in coordination with their program. Mr. Boland replied, "I agree with that ". Mr. Connell stated, "I believe it is eventually going to fall to this Board to decide whether a budget is too large or not ". It is unlikely that they would say it is too small, but it will fall to us to decide just how far we think we would raise the rate. I am assuming the 2008 budget shown with no change, would mean that the existing year was $424.00. Mr. laizzo stated, "I don't understand how we are looking at $815,000 for Water Management ". In the past it has been under $250,000 and now it is slowly creeping up. For 2007 it is up to $350,000 and now we are looking at $815,000. 1 don't understand that. years ". Ms. Jean Smith stated, "The Water Management Budget has never been $200,000 ". Mr. laizzo stated, "It was an average of $250,000 and slowly came up over he last two Mr. Connell stated, "For Budget Year 2007, it is $810,000 ". Mr. laizzo state, "Okay, I will look further'. Mr. Boland stated, "My original scenario was Water Management is one of the categories we pay into ". Pelican Bay pays approximately $19,200,000 and now we are asking the residents to pay another $108.00. Who has the final say on our budget? Mr. Petty replied, "The Board of County Commissioners ". Mr. Boland asked, "Is there any way we can go back to the Commissioners and say that the Pelican Bay residents are getting very upset because they are being double dipped "? $19,000,000 is a lot of money and you are asking for another $108.00 per household. That just doesn't make sense to me. I may be beating a dead horse here, but that is just how I feel. Mr. Petty stated, "I have to share your feelings on this one". I have been doing budgets for government entities for a long time and while I know the County is spending the money and the need is there, I wonder how they are allocating the costs ". I am from the old school where counties are supposed to provide very basic services. Counties have turned into very large municipalities over the last fifteen to twenty years and a number of counties in this State have 534 PBSD Budget Committee Meeting 1 6 f3 February 21, 2007 become Charter Counties, which is creating a municipality over the county. I think that is where Collier County is getting the pressure to take on more responsibilities and you have some of these overlapping job categories. The water management that you pay for out of your Ad valorem Tax has nothing whatsoever to do with the water management that happens inside of Pelican Bay. Mr. Boland stated, "Then the category needs to be changed because it is very confusing ". Mr. Petty stated, "They call it Water Management, it just happens to be other people's water management, which makes it confusing for many ". It goes into areas where I wonder how they can tax everybody in the County. In particular, they go into areas such as the urban area of Golden Gate, where the County handles the stormwater system. The County handles the stormwater system in Naples Park. Mr. Boland asked, "Do the other parts of the County, such as Golden Gate, have a comparable Board such as we do for Pelican Bay, and do they pay Non -ad valorem Taxes'? Are we the only area that pays Non -ad valorem Taxes? Mr. Petty replied, "We are not the only area of the County that does Non -ad valorem Assessments". Mr. Burke stated, "I have to ask, would you want to live in Naples Park or Golden Gate "? Mr. laizzo stated, "I don't think that is the question that Mr. Boland brought up ". Mr. Burke stated, "They are getting what they pay for'. Mr. laizzo replied, "Mr. Boland brought up the fact that we are spending millions of dollars for unincorporated areas and we are also spending $4,000,000 a year'. Mr. Burke stated, "Pine Ridge and Naples Park are unincorporated areas and they pay their share, but they are constantly flooded ". Whenever there is a heavy rain, they flood. We don't flood because we are financing the stormwater management system that they don't have. Mr. Petty, if we tell the County that we are going to pull our horns in on our water management system and are no longer going to finance it, what would they do? Mr. Petty replied, "They would put the assessment on us anyway and say thank you for your comments'. 535 PBSD Budget Committee Meeting February 21, 2007 Mr. Burke asked, "Who paid for the recent resurfacing of our roads "? Mr. Petty replied, "That came from the County's General 1:und ". 3 8,� Mr. Connell asked, "Is there any way, for the benefit of the taxpayer who asks the question, to answer what is the value of services that the County provides in Pelican Bay ". Mr. Petty replied, "That is the hard thing to answer'. It puts us in a bad spot. Here we are being accountable for every dollar and yet the County has such far reaching responsibilities; I can tell you that I believe that every dollar they spend is spent fairly, I can't justify it to the residents of Pelican Bay. I just have to tell you that Pelican Bay has been a donor community and I suspect that it always will be, because it has taken such pride in its' operations. Mr. Burke stated, "Working with the communities that surround us, Vanderbilt Beach is an MSTU ". They tax themselves for the additional landscaping they wanted on their public rights -of- way. I would guess that they are not getting back from the County what they are paying either, but they have apparently decided that they want landscaping and are willing to pay for it, similar to what we do. Mr. laizzo stated, "Mr. Petty, I think we went to the County about recouping some of our taxes ". What was their response to returning 10 % -20 %, etc? Who had that discussion with the County? Mr. Petty replied, "Mr. Sutphin, Mr. Connell and I met with the County Administrator and Deputy County Administrator, Leo Ochs ". The response was that they understood what we were talking about, and that it is a common enough question coming from a donor community. They could not commit to any dollar values and thought that would be an impractical request. They did not know how they could approach the County Commissioners for a practical way of solving it, but they would like to work with us on a project based system, as we reported back to the Board. If there is a priority to a project, i.e. a sidewalk that we want repaired now and the County does not currently have it on their schedule, Mr. Lukasz has contacted them under this working relationship and has asked them to either expedite the work, or we will do it, and carry the cost on our books and go back to the County for payment when they fund that program. That is the first step we have in the agreement with the County on equity or fare share revenue. It is doubtful, 536 PBSD Budget Committee Meeting February 21, 2007 161 1B\, based on their responsibilities that they will ever be able to send money back to Pelican Bay or cut off any allocation to it currently. As you know Ad valorem is based on a perception of social responsibility. The more money you have, the more you have to give to others that are needy. That is how we pay our taxes to the Federal government and Ad valorem Taxes are set up the same way. Mr. Connell asked, "Might they might be amenable for a project before it is even done "? Mr. Petty stated, 'The County, in a staff level, is trying very much to work with Pelican Bay Services and the needs of Pelican Bay to the best of their ability ". I know some on this Board meet regularly with our elected officials. Mr. Connell stated, 'They really worry about precedent'. I can understand the other side of the table as well. Mr. Burke stated, "Instead of circulating how we are getting screwed by the County throughout this community; people like Mr. laizzo and Mr. Boland should identify where we are donating and what we should be getting back ". We took a shot at landscaping and got nowhere. We are doing real well with the projects, but if there are other areas, the more specific we can get, the better it may be. Mr. Sutphin used to joke around that maybe they could buy us a truck load of fertilizer. If you can identify specific areas where you think it might make some sense, we can keep going at them. We may win a few, but we may lose a few. Mr. laizzo stated, 'The 500+ acres of mangroves are actually their property, which we are maintaining ". They do not kick back anything, other than what comes out of Natural Resources or the Tourist Development Tax. We should give them the total bill to see what they would do. Mr. Petty stated, "I understand the thought, but I would not recommend the action ". The County did have that preserve in title and responsibility and they were funding it up until the time that our residents were at a fever pitch about the dying mangroves. It was only through the action of the Pelican Bay residents that the interests of Pelican Bay were addressed in that preserve. Pelican Bay's huge interest in that resource that we call "the mangrove forest' is such that I would not suggest that we try and use that one. We can certainly use that one on another portion of County business inside of Pelican Bay. 537 PBSD Budget Committee Meeting 1 m 1 February 21, 2007 Mr. laizzo stated, "I would approach it from the point that it costs us "X" dollars to maintain it ". We would like to continue maintaining it, however, you are going to pay the bill, simply because it is your property and it is your responsibility. You can back it up by saying we pay you over $4,000,000 that does not come back to this community, in any way, shape or form. Mr. Connell asked, "Mr. laizzo, do you seriously think they really care "? If you go to the Board of County Commissioners and say you are going to have to pay us for maintaining those mangroves or you do it, nothing will happen. Mr. laizzo stated, "We could at least nudge them a little ". This is the only area where we can poke them for a little money. Mr. Petty stated, "Let me stress that the Board and staff do, each and every year, try to get money from the County for that, to the best of our ability and will continue to do so ". We understand the reasoning behind asking for money when we are maintaining a County preserve. HISTORICAL ASSESSMENTS Mr. Connell stated, "The total assessments have been fairly consistent starting with the year 2000 and exceeded that only once during 2005, which was the year that the East of the Berm was added as a project ". The current year's budget is $423.00. Also, just for information, we are working on an Alternative to Contingency Funds. We have, in the past, had to cope with damage from a hurricane and have carried considerable sums, which we returned to the shareholders in the year 2006. We, possibly, and Mr. Petty is working on this, have the opportunity to get a line of credit with a bank, which would enable us to deal with damage, removals of damaged fixtures and still be able to pay the bill when it came due and at the same time recover the money by an assessment either at year end or whenever best billed. Nothing has been done other than investigations at the moment. It would seem like another opportunity to stop asking the owners to underwrite, in perpetuity, a contingency that might or might not happen. The same is true with the three month reserve that we place in the budget to accommodate the fact that our Fiscal Year ends September 30th and the tax money does not start to flow in until the first of December. Taking a hard look at it, which staff is doing, we believe there is a possibility that we could reduce that amount simply by timing. As you know, the County is one thing and 8911 PBSD Budget Committee Meeting February 21, 2007 cash management is something else entirely. Cash Management takes time into consideration. At the moment we take $965,000 and hold it. It is the taxpayer's money we are holding and they obviously lose the benefit of interest or dividends, etc. We think we might be able to reduce the amount of money we would have to put into that particular situation. Again, this is just a look and we will keep you posted on what happens. AUDIENCE COMMENTS There were no comments from the audience. ADJOURN There being no further business, the meeting adjourned at 4:20 PM. 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O CO o 0 0 0 A A (n „i D p co P ! W A v cD I N Co W _. O co N N 00 O D }+ A N -q r D m (ND O! cD -A• W O m o V(D 0 O A (D Co r 0 0 V O'A M V N O O o O A O N 0 O 01 A (n m March, 13, 2007 Jim Burke Pelican Bay Services Division Suite 605 801 Laurel Oak Drive Naples, FL 34108 Dear Mr. Burke, 16, The Naples Pathways Coalition is aware that some residents of Pelican Bay have expressed an interest in improving cycling facilities along Pelican Bay Boulevard. These expanded facilities might include striping bike lanes on the street or widening the current asphalt sidewalk to a dimension that would make it a multi -use pathway. The Naples Pathways Coalition would like to encourage such an effort and with this letter we would like to offer opinions on both facilities: Multi -use Pathway. Although many cyclists prefer to use the street, there is a large group of leisure cyclists who prefer cycling on a pathway that is segregated well away from vehicular traffic. Older cyclists and children often fall into this category. Pelican Bay already has a pathway that is used by these cyclists, but it is too narrow. The challenge in improving this facility is the capital cost of widening the current pathway to a dimension that can accommodate both cyclists and pedestrians, not only for today, but into the future as well. The large number of mature trees next to this sidewalk inhibits the construction of such a pathway, which by today's standards should be at least 10 feet in width and preferably 12 feet. Bike Lanes. Striped bike lanes on a roadway can be added quickly and at little capital cost. A roadway bike lane should have a width of at least 4 feet, ideally 5 feet, and this will require narrowing the traffic lanes. This can easily be done if the roadway is wide enough, is not congested, and does not have fast moving traffic. Fortunately, Pelican Bay Boulevard qualifies on all accounts. Interestingly, many communities, including the City of Naples, have found that narrowing the traffic lanes actually improves safety by slowing down vehicular traffic. Wide traffic lanes have a tendency to make motorists more confident and less observant, so they travel faster. Once the vehicle lanes are narrowed and more cyclists are encouraged to use the street, motorists will tend to be more observant and speed less. 1$ \") www.NaplesPathways.org 300 5th Ave. South Suite 101, Boa 4464 a,46,pacetrl,mNp4y rael„ <11 eo111hon Nrct,a snUq (a) oo„- pro0t donation, zre tax d HuRatme tote o<mnt �m,iftea ny law_ Naples, FL 34102 161 1 B,� No matter which facility you choose, cycling facilities are a recreation amenity which are finding increasing favor in cities and communities through out Florida. You will find that such facilities will make Pelican Bay an even more desirable community in which to live. People, be they young or old, year -round residents or seasonal, have chosen our wonderful climate to be active, whether it be golf, tennis, cycling, or walking. If we can assist in any way, please let us know. Sincerely, ch Housh President smith —b From: jIM Burke [therightperson @msn.comj Sent: Thursday, March 29, 2007 9:09 AM To: smith -b Subject: Fw: Most Improved Water Treatment Plant Award Barbara, please forward to all PBSD Directors. thanks. - - - -- Original Message - - - -- From: To: i, Cc: Sent: Wednesday, March 28, 2007 10:21 AM Subject: FW: Most Improved Water Treatment Plant Award From: mudd_j Sent: Tuesday, March 27, 2007 9:36 PM To: DLCOMM Cc: ochs 1 Subject: FW: Most Improved Water Treatment Plant Award =;�s�ri =sir „rt, .nie; rpeeit nests 0' ,i;11 flituo From: DeLony_Jim Sent: Tuesday, March 27, 2007 9:26 AM To: muddj; ochs_I; DL- PU_DIR; DL- PU- Projecbngrs; DL- PU_SUPERVISORS Cc: DL -PU - TEAM-MEMBERS Subject: FYI: Most Improved Water Treatment Plant Award Page 1 of 2 161 10 '� Jirn --- TWO awards:” SUperb iecayi efi. !i (:,f the lust har,,i vvoik alicl achievements bV a high perfotming and erllpoweferd ti'afyi -- and this Is indexed a team effort of ;JrojeCt oial)agers. complliance compliancee ITanagerS S"'ie'1 'hsts. nw1 ch nlcs plan! operations staff Cotitiactors . contracting support staff, flaa +lcia >`aff, and liad inany others which save n ade this than a years ago this iI: rli c-,ould and ,,vo lid ncit 4tas / on One, vVith P"AiCbdity -_ today if i5 a diffe!ent story scdeh,, C1lle to tait;ms ar ?rj Plofessl"-)nai r glen+ ,e a; till,- '.'u erb '-- am -- -1 know you join rile ,vith re-a{ !`?y n ' ele of ";atiog are, 1F=r.001 3 +Zi? g this team s y i'N w +:;nderfui and m,lch deserved re+ o..I� its /.,n ' i��'.ff) From: mattausch_p Sent: Tuesday, March 27, 2007 8:21 AM To: messner s Cc: libby_p; lang_s; stuller_t; brogdon_h; esposito_c; Price3ames; DeLony_Jim Subject: FW: Most Improved Water Treatment Plant Award CONGRATULATIONSM To the entire Water Department Team! And especially to the team of professionals at the North County Regional Water Treatment Plant. 3/29/2007 [[� Page 2 of 2 There will be TWO major awards presented at the Florida Water Resources Conference in Orlando i� 161 AtrilL The Florida Department of Environmental Protection Operations Excellence Award, presented by the FDEP in Tallahassee last November will he officially and publicly presented at an awards luncheon at the FWRC, And. just announced yesterday, Collier County will receive the Florida Section American Water Works Association Must Improved Water Treatment Plant in the State of Florida! This is significant, folks ... and again. my CONGRATULATIONS to the TEAW From: Marvin Kaden [ mailto :mkaden @pascocountyfl.net] Sent: Tuesday, March 27, 2007 5:04 AM To: mattausch_p Subject: RE: Most Improved Water Treatment Plant Award r From: mattausch_p [ mailto :PaulMattausch @colliergov.net] Sent: Monday, March 26, 2007 2:11 PM To: Marvin Kaden Subject: Most Improved Water Treatment Plant Award IT, M [ A request ... could you please send by e-mail a confirmation of our earlier conversation regarding the award. Many thanks! Paul E. Mattausch Director, Water Department Collier County Government 3301 East Tamiami Trail Naples, FL 34112 239 348 -6112 Office Telephone 239 530 -6684 StreemFox O tnn,1nnl lb 3g\,\ EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL ( EMSAC) 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, Absent Collier County Fire Chief's Associations — Rob Pottieger, Assistant Chief, Present Physician's Regional Medical Center — Dr. Jeffrey Panozzo, Present Collier County Sheriffs Office —Commander Bill Rule, Absent The regular meeting was called to order by Chief Jim McEvoy in the absence of the Chairman and the Vice Chairman, followed by the "Pledge of Allegiance ". A quorum was not present at this time. Chief Murphy sent his recommendation via email since he could not attend today's meeting. Chief McEvoy read his statement into record. It reads: "I regret the fact that I cannot be at the EMSAC meeting today. I would appreciate you reading into the record my opinion on the ALS Engine Agreement. The ALS Engine Agreement as modified today at the EMSAC sub committee meeting in North Naples is acceptable to the City of Marco Island pending legal review. I would like to see this agreement forwarded onto the County Commission as expeditiously as possible in order to facilitate the high quality care deserved by the residents and visitors of Collier County. I would appreciate my fellow committee members endorsing the concept also. Mike Murphy, Fire - Rescue Chief City of Marco Island" OLD BUSINESS: Revision of ALS Engine Agreements: Rob Pottieger stated that he spoke to his Chief and they have no problem with the agreement. He also asked Jorge Aguilera from North Naples, who was watching in the audience, if he had a problem with the agreement. He stated no, that theyre fjg;wi Date __ L - - - -- ten-, � T (6 I I .',L5 March 28, 2007 Fiala / J �+ COLLIER COUNTY COMMISSION BOARD ROOM V Halas District 1 Commission District— Vacant Henning` District 2 Commission District — Jeffrey Albritten, Chairman, Absent Foyle District 3 Commission District — John Valenti, Absent Colette _ District 4 Commission District — Nancy Lascheid, Vice Chairman, Absent District 5 Commission District— Vacant At Large — Johan Domenic, Present 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, Absent Collier County Fire Chief's Associations — Rob Pottieger, Assistant Chief, Present Physician's Regional Medical Center — Dr. Jeffrey Panozzo, Present Collier County Sheriffs Office —Commander Bill Rule, Absent The regular meeting was called to order by Chief Jim McEvoy in the absence of the Chairman and the Vice Chairman, followed by the "Pledge of Allegiance ". A quorum was not present at this time. Chief Murphy sent his recommendation via email since he could not attend today's meeting. Chief McEvoy read his statement into record. It reads: "I regret the fact that I cannot be at the EMSAC meeting today. I would appreciate you reading into the record my opinion on the ALS Engine Agreement. The ALS Engine Agreement as modified today at the EMSAC sub committee meeting in North Naples is acceptable to the City of Marco Island pending legal review. I would like to see this agreement forwarded onto the County Commission as expeditiously as possible in order to facilitate the high quality care deserved by the residents and visitors of Collier County. I would appreciate my fellow committee members endorsing the concept also. Mike Murphy, Fire - Rescue Chief City of Marco Island" OLD BUSINESS: Revision of ALS Engine Agreements: Rob Pottieger stated that he spoke to his Chief and they have no problem with the agreement. He also asked Jorge Aguilera from North Naples, who was watching in the audience, if he had a problem with the agreement. He stated no, that theyre fjg;wi Date __ L - - - -- ten-, � T (6 I I .',L5 161 1g�� Judy had a few questions regarding the differences between the old agreement and the one that was revised today. One of her questions was regarding the first edition talking about how many apparatus had to be available at all times. She wasn't sure if that was what was currently available or not. Chief Page explained that the current agreement identifies one unit per fire district. However, most of the districts have increased that number and the revised agreement is allowing for some flexibility to do that without having to come before the board every time. He explained that the City of Naples, the City of Marco, and East Naples have all gone from one to two units; and that North Naples has gone from one unit to nine units. Chief McEvoy stated that Interlocal Agreement was actually agreed upon by all parties three weeks ago. However there were some items that required further discussion and clarification. He stated that there hasn't been a whole lot of argument and contention. He feels that all parties are working in unison for the best interest of the citizens of Collier County. Judy had another question about the number of vehicles each district has to have in service. Chief Page gave an example of North Naples. He stated that some days they may have as many as 10 or 11 licensed vehicles on the road, but they are guaranteeing that there will be 9 available 24/7, and that they have to maintain the minimum. Rob asked about the replacement of equipment. Chief Page stated that it is addressed in section 3.8. Judy also asked about section 4, and how the staff that doesn't normally work on an ALS unit are going to keep up their proficiency. Chief Page stated that each district has it's own training staff to keep the competency levels up. They also have the ability to work on the swap engines. Dr. Tober has also suggested that he would like to see the people working theses engines provide at least 72 hours a year on a medic unit. Once again it's not mandatory, it's only a suggestion. Judy wanted to see that made a requirement versus just a suggestion. Chief Page stated that that would be up to the Medical Director, and he is happy with the language as is. Another member stated that most of these people in question actually exceed that in a year's time. He stated that in the City of Naples, the paramedics and EMT's are on an ambulance at least 24 hours a month. However in a larger district like North Naples, it may be harder due to the large number of units. Judy stated that proficiency is one of her main concerns. Dr. Lee brought up the past conversation regarding which calls would only involve an ambulance, which calls would only involve an engine, and which would involve both. Chief Page stated that Dr. Tober is meeting with dispatch and some of the districts' representatives as a group to look at each of these calls and determine what the need is. He also stated that the Operational Agreement section 3.a.i addresses that. Judy had a question regarding section 5.6 in the new agreement. Being that this is ajoint agreement, she thought there should be some joint discussion, if and when a situation 161 arises. Chief Page explained that each department has its own disciplinary procedures. Also under the Quality Assurance Provision the Medical Director has agreed to establish an ALS engine Quality Assurance Committee, so they can meet with the Medical Director to address any issues. A question was brought up regarding the lack of a quorum and whether this agreement could be forwarded on or not. Chief Page explained that all we need today is a consensus from the group. Then it can go to the BCC for approval. Mr. Domenic had a question about the wording of section 7.0. It talks about the agreement terminating after services have been completed. Chief McEvoy thought it meant if one or both parties agreed to not provide the services that it wouldn't take written notification to terminate. Basically if your not doing it, then the agreement is null. Chief McEvoy made the consensus that as a group we agree to move this on to the Board of Commissioners and we support the agreement as written. All members agreed with the exception of Judy Nuland because she felt she needed more time to read it thoroughly. Dr. Lee had a few questions regarding the lack of documentation that was presently an issue and also the level of training that people had staffing these engines. Chief Page stated that Dr. Tober addressed all these issues in the Operational Agreement. NEW BUSINESS: There is no new business. STAFF REPORTS: Chief Page reported that with the testing we had last week we are fully staffed. Both full time and part time. There were some questions about the full time versus part time. And why we use part time people instead of full time. Chief Page said that in the past, 52% of our full time employees started out as part time. They are there so we can get a feel for what type of person they are, get them acclimated to the system. Also it gives them an opportunity to go paramedic school and become full time if they choose. Chief Page stated that the four growth units for this year are staffed and on the road. They are currently doubling up with some other units because we can't build stations that quickly. SPEAKERS FOR PUBLIC COMMENT: There are no registered speakers. BOARD MEMBER DISCUSSION: 161 iv Mr. Domenie asked if they would add BLS and QI to the definition page. Chief Page responded stating that it would be difficult to get another meeting together just to add that into it. It was also asked when the Board would be looking at this agreement. Chief Page stated that he will try to get it to the next meeting as a walk -on, because there is a need to not delay this any further. There are a few districts that have vehicles which can't operate now due to this agreement not being in effect. He also stated that he doesn't anticipate any legal problems. There may be some minor changes that the attorney's request, but the bulk of the agreement won't change. Judy wanted some clarification regarding the altering of the Operational Agreement component of the Interlocal Agreement. Her understanding was that the Operational Agreement can be amended without having to go before the Board first. Chief Page reiterated that what in fact they were trying to do was add some flexibility to the agreement. The next meeting will be held on April 25, 2007. Meeting was adjourned. Chief McEvoy was thanked for stepping in as Chairman in the absence of Dr. Albritten. Respectfully Submitted, Jennifer Florin 16 1 1 B\) ISLES OF CAPRI FIRE/RESCUE ADVISORY BOARD MEETING MINUTES MARCH 28, 2007 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman, Advisory Board Member Joseph Langkawel, Advisory Board Member Bill Rafeldt, Advisory Board Member Thomas Decker, Advisory Board Member Barbara Shea, Minutes Preparer CALL TO ORDER Kirk Colvin opened the meeting at 6:35 p.m. II. OLD BUSINESS A. Chief s Report is skipped; to be discussed next month. iaia t.:ol <�Pt B. As scheduled, Dan Summers to speak on Draft Merger Presentation III. NEW BUSINESS A. Dan Summers presents Preliminary Discussions of a Fire Service Merger. 1. Includes Marco Is., ICFD, Ochopee, Collier EMS, & District 1. 2. Pro's & con's of merging — early considerations. 3. Rough draft of long -term organizational chart. 4. Illustrated maps of current vs. proposed fire districts. B. Chief Murphy of Marco Island presents Marco's views. 1. Merging with county is only 1 of 4 options Marco is looking at. 2. Primary goal is to improve level of fire service for Marco residents. 3. Marco has approached Collier County, not the Isles of Capri. 4. Marco residents looking to get their fair share of EMS taxes. M�sc �tz',�,. _ l(� 1 ►3_V5 161 10 x) C. Open discussions by board members and citizens. 1. Residents not seeing any benefits to this merger. 2. Merger proposal looks like E. Naples offer in the past. 3. Residents concerned that merger will cause costs to rise. 4. A county -wide merger would be more palatable to residents. 5. ICFD should continue studying going independent. 6. Marco Island ISO rating is the same as ICFD; no cost savings seen. 7. Merger could occur without ICFD; reexamine issue down the road. 8. ICFD has sufficient funding for equipment & firefighters currently. 9. Citizens want to be kept apprised of all future discussions /decisions. IV. ADJOURNMENT The meeting was adjourned at 8:45 p.m. EJ Marco Island Fire Department Collier County Isles of Capri Fire and Rescue r, Ochopee Fire Control J Collier County EMS The product of preliminary staff considerations only! These concepts are the work of staff in preliminary discussions to develop a concept of planning for discussions and future direction to our respective governmental units! Your comments and concerns are welcome! Marco City Council and Staff: • Approached Collier County staff in 2005 and County Manager's office December of 2006. General discussions for approval to research. • Subsequent Marco City Council presentations by Marco Fire regarding millage rate caps, salaries, and other operational cost and potential merger benefits Collier County Board of County Commissioners — Board communications • Authorization to discuss and research ( 2 BCC briefings) December: • Communication to Advisory Boards regarding early research and further discussions. • January early look at financials and possible project management plan. • February 201". -1st round -table meeting with key Chiefs EMS, EM, Marco Fire, Ochopee Fire and Isles of Capri, Chief's Roundtable summarizes the following as early considerations: • Doable and exciti c Sorne contiguous boundaries and operational familiarity makes for an easy transition. Easy to identify operational benefits. Labor has expressed their willingness to listen and be involved in future discussions. We see the ability to serve as a community fire organization and blend with a larger organization for economies of scale. r� Further utilization of manpower and equipment generating additional cost effectiveness. System delivery flexibility (Special Events - Special Operations, Marine Operations) Possible improvements to Insurance Services Organization rating - Fire insurance rate structure. Career mobility and retention for personnel. Consistent management structure for capital construction, equipment acquisition, human resources and budget. Further extension of human capital between EMS, Fire and possibly Emergency Management. • ( Program Management, Training and Budget functions as an example:) .n_ Municipal Services Taxing Unit or Municipal Services Business Unit, as tax levy might be one of the funding options and could represent all or part of the county in some form. Citizen /Customer's may feel a sense of loss with changes in management structure. The team is committed to "home- town" fire department level of community service. Balancing future capital and operational needs with millage rates across multiple communities. Discouraged by the other on -going merger efforts fractured within the county. Each study initiative requires considerable research to deliver a comprehensive plan to the respective elected bodies: A few of the key components of the research include: • Review of Map Boundaries • Annual operating budgets • Existing debt service • Salary and benefit analysis • MSTU or MSBU taxing models • Identification and communication with additional stakeholders. The following illustrations are in DRAFT They are not the opinions or direction of the Board of County Commissioners, and have been shared only to illustrate conceptual planning! N pia T a v� 161 ■ � ur. ■n tavv _u �....nn.r ■ x. er v� ¢. i rer Me ri r Me ri Labor discussions Fire Code Prevention and Inspection Fleet Operations Insurance and Risk Management Integration of daily operations and procedures Inventory of equipment Capital improvement planning: Stations, Equipment and Personnel. Long -tern Organizational Chart in support of conceptual operations planning. Seek support for continued research on the merger. Help us to establish a model program for future efficiencies and challenges to growth. Support the working group with open discussion and fairness while research is in progress. Help us maintain good dialogue and communication between reporting periods. Respective Chief's see value, merit and service enhancements with a seamless organization. County Director- better posture for growth. All formal actions will require formal Board or Council action and good communication with community leaders and advisory groups. Two -three years may be necessary for complete merger if approved. Questions Comments Thank you! IV FOREST LAKES ROADWAY AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 22, 2007 Special Meeting Summary A quorum was established and the agenda approved. Review and Approve Bond Issue Project List 161 19 1r0 Bill Seabury moved to approve project #16 `Construction: Overlay Forest Lake Blvd. and cul-de -sacs throughout Single Family Area' not to exceed $310,000. Second by Roger Somerville. Motion carried unanimously 3 -0. Bill Seabury moved to approve the revised Master Project List dated March 22, 2007. Second by Roger Somerville. Bill Seabury amended his motion to include the cost of issuance to the bond. Roger Somerville amended the second. Motion carried unanimously 3 -0. V. Fiscal Year Budget 2007 -2008 Discussion ensued on - Eng. Other - Other Contractual - Printing and Binding - License and Permits - Legal Advertising - Postage and Freight budget numbers with the following changes: $155,000 $130,000 $2,000 WWC1Zc'MSs $2,000 � $1,000 v�o / $1,000 Marti# t 1 Total $302,600.00 Darryl Richard will draft a revised ordinance to present to the MSTU at the next meeting. He will also get a basic scope of service cost estimate for lighting. He will add a new line item on the budget entitled `street lighting and other improvements for $1,000,000 for possible additionpl improvements. Bill Seabury moved to approve the new budget. Second by Roger Somerville. Motion carried unanimously 3 -0. i iala He-rwq __ V� t'oylc / - �olett� Bill Seabury moved to approve project #16 `Construction: Overlay Forest Lake Blvd. and cul-de -sacs throughout Single Family Area' not to exceed $310,000. Second by Roger Somerville. Motion carried unanimously 3 -0. Bill Seabury moved to approve the revised Master Project List dated March 22, 2007. Second by Roger Somerville. Bill Seabury amended his motion to include the cost of issuance to the bond. Roger Somerville amended the second. Motion carried unanimously 3 -0. V. Fiscal Year Budget 2007 -2008 Discussion ensued on - Eng. Other - Other Contractual - Printing and Binding - License and Permits - Legal Advertising - Postage and Freight budget numbers with the following changes: $155,000 $130,000 $2,000 WWC1Zc'MSs $2,000 � $1,000 v�o / $1,000 Marti# t 1 Total $302,600.00 Darryl Richard will draft a revised ordinance to present to the MSTU at the next meeting. He will also get a basic scope of service cost estimate for lighting. He will add a new line item on the budget entitled `street lighting and other improvements for $1,000,000 for possible additionpl improvements. Bill Seabury moved to approve the new budget. Second by Roger Somerville. Motion carried unanimously 3 -0. A n FOREST LAKES ROADWAY AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 22, 2007 Special Meeting Minutes The meeting was called to order by George Fogg after Vice Chairman Bill Seabury delegated responsibility at 10:03 a.m. II. Attendance Members: Virginia Donovan (absent), George Fogg, Robert Jones (absent), William Seabury, Roger Somerville County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Caroline Soto- Budget Analyst, Marc Isackson, Diane Flagg Others: Michelle L. S. Guerrero- Mancan III. Approval of Agenda Bill Seabury moved to approve the agenda. Second by Roger Somerville. Motion carried unanimously 3 -0. IV. Review and Approve Bond Issue Project List Darryl Richard distributed and reviewed "Forest Lake MSTU Master Project List" and the "Forest Lakes MSTU Master Project Schedule" (see attachments). Bill Seabury moved to approve project #16 `Construction: Overlay Forest Lake Blvd. and cul-de -sacs throughout Single Family Area' not to exceed $310,000. Second by Roger Somerville. Motion carried unanimously 3 -0. Bill Seabury moved to approve the revised Master Project List dated March 22, 2007. Second by Roger Somerville. Bill Seabury amended his motion to include the cost of issuance to the bond. Roger Somerville amended the second. Motion carried unanimously 3 -0. The project schedule as demonstrated was discussed V VI. 161 1 B Fiscal Year Budget 2007 -2008 Darryl Richard distributed and reviewed the budget spreadsheets (see attachments). Mark Isackson reviewed the spreadsheets in detail, noting that the Bond Improvements should be split over three years 2007 -2009. Discussion ensued on - Eng. Other - Other Contractual - Printing and Binding - License and Permits - Legal Advertising - Postage and Freight Total budget numbers with the following changes: $155,000 $130,000 $2,000 $2,000 $1,000 $1,000 $302,600.00 George Fogg mentioned that persons have expressed concerns with needing more street lighting and walkways. He will be requesting authorization to add it to the MSTU's jurisdiction. Discussion ensued on how to pay for potential additional projects. Darryl Richard will draft a revised ordinance to present to the MSTU at the next meeting. He will also get a basic scope of service cost estimate for lighting. He will add a new line item on the budget entitled 'street lighting and other improvements for $1,000,000 for possible additional improvements. The changes to the budget were requested to be printed out; therefore the meeting recessed at 11:21 a.m. reconvening at 11:31 a.m. Bill Seabury moved to approve the new budget. Second by Roger Somerville. Motion carried unanimously 3 -0. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:35 a.m. The next regularly schedule meeting will be on April 11, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 2 H � o W aj N Q � r L LL l0 W O LL 9 0 0 0 (0 O M (n O O) 00 0) 9 co O O 0 00 ' M M (0) O con 000 N M O co t` 0C) CN O Om NN WCO NOD (O O) to 00 1 (n 00 00 v O M N 00 LO 0)O OO N d T� f00) 00 n N N V O O N N Ln C wzF- gQ ORP XF- (n(nz wa(n ca wzg QQ °o Oz�z0 �� U-wc M On 00 L0 Lo O �Z w<2- - >O F- ~LL» Of LLI LLWIY�WF X OZ M O O r W --(D- O -U�ZQ W2' —ZZO` W W Oxw— x(nWZw�mwaa¢ oo tnm U?LU�U�z wOw?Oawa7�00mUxgmm� M M 00 r E0 0 Cl) 00 r to CD r N N ate. 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C] N co r- fA ww H EA(A FAv O O O O O O O C O O O O O O O C O O O O O O O C O O O 0 0 0 O C 00 R O V N (O (0 (C (n r, r 06 00 O( O IC4 N N N N� fA fAlwlw (9I(9Iw to EA E» w VA m EA FA N Efi V IwIGNOTI wIw wow IE XF-W m a. Qwm co O O Z z U F- ¢ z Wz0MWO> mUw OujWF- mO (n aV (nOmUD ?g(Z aCyz QFFO W a— W�¢afm 0 z� wzF- gQ ORP XF- (n(nz wa(n ca wzg QQ °o Oz�z0 �� U-wc F°0a>UO �� aim LL (n W CL OUw lui OLL X25 LL�LL W Q�W �Z w<2- - >O F- ~LL» Of LLI LLWIY�WF X OZ Z�Z aw >¢m¢c9 -U�ZQ W2' —ZZO` W W Oxw— x(nWZw�mwaa¢ oo tnm U?LU�U�z wOw?Oawa7�00mUxgmm� ww Forest Lakes MSTU Master Project List o A: Thurcdav M2rrh 99 9nn7 161 1 g(v Project No. Description Estimated Cost 01 Construction: Install ravi storm sewer from PS to Gordon River $315,000 02 Construction: Forest Lakes BNd. relief sewer to Lake 10 $140,000 03 Construction: Quail Forest Blvd. North Entrance grading and paving $125,000 04 Construction: regrade Swale No. 6. Total regrade length approximately 1,500 L.F. $68,000 05 Construction: regrade Swale No. 1. Total regrade len th approximatel 1,250 L.F. $63,000 06 Construction: regrade Swale No. 3. Total rede len h a roximate 300 L.F. $17,000 07 Construction: rearade Swale No. 4. Total rearade length approximately 570 L. F. $32,000 08 Construction: regrade Swale No. 12. Total regrade length approximately 2,700 L.F. $130,000 09 Construction: regrade Swale No. 13. Total regrade length approximately 700 L. F. $32,000 Construction: regrade Swale Nos. 14a and 14b adjacent to Emerald Greens. Total regrade $148,000 10 len th approximately 2,800 L.F. 11 Construction: regrade Swale No. 11. Total regrade len th a roximatel 1,500 L.F. $57,000 12 Construction: regrade Swale No. 9. Total r rade length a roximatel 600 L.F. $33,000 13 Construction: r rede Swale No. 8. Total rede len a roximatel 1 100 L.F. $57 000 14 Construction: Sin ale Family Area - Side Yard Swale Grade/Road Cross Drains $1.U001000 15 Construction: New Storm Sewer Outfall at Fairways at Emerald Greens $150,000 16 Construction: Overlay Forest Lakes Blvd. and cul-de -sacs throughout Single Family Area $610,000 17 Construction: Rebuild Woodshire Lane from Pine Ridge Road to Single Family Area $1,220,000 18 Construction: Overlay Quail Forest Blvd. from GC Clubhouse to southern end $606.000 Construction: Overlay Forest Lakes Drive and side streets from Forest Lakes Blvd. to south $295,000 19 end PROJECTS SUBTOTAL $5,148,000 CONTINGENCY (10 %) $514,800 BOND ISSUE PROJECTS TOTAL $5,652,800 Note: All cost based on previous estimate from WilsonMiller RECEIVED MAR 2 2 2007 'Transportation ATM Dept. opwmw *lD W-4 \ { _ } !i. ];) � !i! !!! k ||| § §1 -- k /��| }/ \ | ) ! 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D � LL OZO 22 LGGGG L �1�- n IW W Q ZWU' O Ala �. N Y Z 41� IJy � O fl W� a, p p e a m s m Lulu C� yC,l L �Oaw �U6JO' $igMFO'n (� 1Imp 3919(O.���m �0 ypp _I„ rcK I1 W LM ._0_4. II mljmr_. r Q p m M M M M N N N N N N N N N ry� I 8 L m o 0o YNI mmmemalNOemmem N 1 .9' C.Y�:! �U s-� I. II. III. IV. V. VI VII. FOREST LAKES ROADWAY AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 April 11, 2007 Agenda Call Meeting to Order Attendance Approval of Agenda 14,17 Fiala Halal rienninc.,_. Coletta Approval of Minutes- March 14, 2007 and Special Meeting March 22, 2007 Transportation Services Report A. Budget- Lisa Hendrickson B. Project Manager Report- Darryl Richard Old Business A. Bond Issue Project New Business VIII. Public Comments IX. Adjournment The next meeting will be on May 9, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 161 1 ly FOREST LAKES ROADWAY AND DRAINAGE M.S.TAT ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 14, 2007 Summary A quorum was established. The minutes and agenda were approved. V. Transportation Services Report A. Finances Related to Bond Issue George Fogg moved to proceed with the bond program with the assumption that the underwriting etc. can be financed out of the bond cost. Second by Bill Seabury. Motion carried unanimously 5 -0. C. Project Manager Report- Darryl Richard George Fogg moved to remove projects #17, #19, and #23 from the project list. Second by Bill Seabury. Motion carried unanimously 5 -0. VII. New Business George Fogg moved to reelect Bill Seabury as a Committee Member. Second by Bob Jones. Motion carried unanimously 5 -0. 1 161 10i(p FOREST LAKES ROADWAY AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 14, 2007 Minutes The meeting was called to order by Chairman Bob Jones at 10:07 a.m. II. Attendance Members: Virginia Donovan, George Fogg, Robert Jones, William Seabury, Roger Somerville County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Lisa Hendrickson- Management Budget Analyst, Marc Isaakson Others: Chris Tilman- Malcolm Pirnie, Ed Dragun- Resident, Chuck Stemples- Resident, Kelly Ryman- The PFM Group, Michelle L. S. Guerrero- Mancan Ill. Approval of Agenda Add: - Line item 'Transportation Services Report, A. Finances Related to Bond Issue" George Fogg moved to approve the agenda as amended. Second by Virginia Donovan. Motion carried unanimously 5 -0. IV. Approval of Minutes- February 14, 2007 Change: - Page #3 "culverts" George Fogg moved to approve the minutes as amended. Second by Bill Seabury. Motion carries unanimously 5 -0. V. Transportation Services Report A. Finances Related to Bond Issue 1 161 19-m Mark Isaakson introduced Kelly Ryman from The PFM Group who are independent financial advisors for the County. Kelly Ryman mentioned that the bond is on hold until there is a final list of projects; otherwise there can be a penalty for over funding the loan. Mark Isaakson added that the Committee has $700,000.00 cash on hand to start the project right away which can be reimbursed at a later time. Darryl Richard noted that a review of the project list is being done; some revisions may be necessary. Some projects are suggested to be removed from the list which could be a reduction of $910,000.00. Chris Tilman agreed that the road overlays can be done with the $700,000.00, but not the drainage issues. By the time the projects are physically underway it is likely to be rainy season. Kelly Ryman continued that the bond will take longer to create than an average home mortgage. A bond interest rate averages 4.5% at this time. A bank loan interest would be around $3.4 million dollars while a bond interest would be around $2 million dollars. The cost of issuance of a bond is higher than that of a bank, but the interest is lower. There are options to pay the loan back early; which would be looked into if necessary. If the $6.25 million dollars for the project as laid out in the ballot is just for the project itself then the cost of the bond issue would have to be paid up front, but if the cost of issuance is built into the number then it would not need to be paid up front. The bond issuance cost is estimated at $270,000.00. George Fogg moved to proceed with the bond program with the assumption that the underwriting etc. can be financed out of the bond cost Second by Bill Seabury. Motion carried unanimously 5-0. Malcolm Pirnie will create a revised cost estimate project list. A special meeting was set for Thursday the 22nd at 10:00 a.m. to review the 2008 budget. B. Budget- Lisa Hendrickson Darryl Richard introduced Caroline Soto, the new Budget Analyst. 2 Caroline Soto distributed and reviewed the budget (see attachment). it was agreed by the Committee not to proceed with the Wilson Miller staff gage contracted project. Darryl Richard will request a project report update from Wilson Miller for the $116,602.00 project. C. Project Manager Report- Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). Chris Tilman responded to Bob Jones concerns about flooding behind Virginia Donovan's home that a concrete invert laid in the drainage area will assist with the problem. He also addressed that once the bond projects are done a lot of the smaller drainage issues will resolve. Darryl Richard agreed to send information concerning the drainage problem behind Virginia Donovan's home to Chris Tilman in order to properly address the issue. Darryl Richard announced that Malcolm Pirnie recommends that projects #17, #19, and #23 are not needed. Chris Tilman is going to get a plat map to find the easements for the MSTU along with the golf course agreement in order to enter the property to carry out work on the projects. He added that this time next year the bond projects should be completed. He will be evaluating drainage needs during the rainy season to watch the water flow. Discussion ensued on how the projects will be performed. George Fogg moved to remove projects #17, #19, and #23 from the project list. Second by Bill Seabury. Motion carried unanimously 5 -0. Darryl Richard distributed for Committee review the "Forest Lakes MSTU Pavement Repair and Restoration Scope of Work" (see attachment). VI. Old Business VII. New Business George Fogg moved to reelect Bill Seabury as a Committee Member. Second by Bob Jones. Motion carried unanimously 5 -0. 161 1 R VIII. Public Comments Chuck Stemples commented that he was not aware of the MSTU until a few weeks ago. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:04 p.m. 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 0 161 1 i� MEMORANDUM DATE: March 2, 2007 TO: Tessie Sillery, Transportation ti s FROM: Sue Filson, Executive Manager Board of County Commissioners Y RE: Forest Lakes Roadway & Drainage Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: William Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointmem Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments • Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239)775.8097 Fax: (239) 774 -3602 Application for Advisory Committees/Boards l: � r t 1 Board or Committee Applied for. :� n r- e c f' LI r. Ice k0a n —( hu1• C11 10 67^ M.0 rN Catepry (if applicable): r l A o hrtt fSamplc Comstbsioa I*W t, ,e a, eft Are you a reBbOeredlvoter in Collier County: Yes_V_No Do you currently hold public ofaee? 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O y f � 0 = :3. �N 0 5COO('O (o w rn cn G N 3 m P (D a a EA EA N N EA EA N EA EA N N A j o) 0 O O) + 0 N W C V 000, , , wONA`0;•a CD 00 O O (Vi( 00 00 ° D N < O d, 0) d O V A 00 O'S mo0)�60 O: 3 N N N C O) J 01 , J O) W a >>> m n N m m w m m o. W 09993=3 = O= 0 () � co N fD N ry C d N 0) p W 0 to O z^ N 0 O 3 N n O 0 O N (D m - immK0mK�co ;a �0@ = :3 W mcnm M0 W R= q� <.? a5. m(D CD m m 3 0 2) 0 a o l? N (n O) N V (O O) N j N (D ? O N N C FA N EA N EA EA FA N N EA N EA EA W W A N N V 3 d OD 000 N 0 0 N N N 7 V 0) O O] W W m O 0) — 00 01 0) O ' OD O 0) O O co OJ O EA EA N EA EA EA W EA EA D N EA EA N EA EA EA N /fl EA w 0) N N O r 0) C 0) W � � � W (.n pVV co f V 00 0 (0T (VTO v 00 0 QpD A O J A OD co O O (O fT (D y� A N W O O O W N c 0 0) 10 O V 0) O W N 00 00 0m (00)a (o0 (Aw O —M 00 M O im T 1 Q lu O X T -A Z v D �m 0 W 0 3 V CO) C 161 1 pw March 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 Project Status (F -30) — ACTIVE (POC: Tessie Sillery) — Tree Trimming — Woodshire 03- 09 -07: Met in field with George Fogg — reviewed project - questions were raised in regards to which trees need trimming. 03- 09 -07: After meeting in field — landscaping was notified of committess concerns — to trim hedge & remove palm tree for obstruction of oncoming cars. 03- 13 -07: Project to be discussed at meeting — Who owns the corner of Woodshire & Pine Ridge? (F -29) — ACTIVE (POC: Darryl 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 finance 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 1, 2007. Committee request to see break -down of Cost for bond issue for next meeting. 3- 14 -07: PFM will be attending the meeting (F -28) — ACTIVE (POC: Darryl 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 WO. 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. 3- 13 -07: Scope of overlay project rec'd from malcome pernnie — under review 161 15, (F -27) — ACTIVE (POC: Tessie Sillery) - 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 ATM Staff. 1- 13 -07: Discussion with Bob Tipton regarding determination of approval for "No Left Tom" sign. 2- 22 -07: No Left Turn Sign Installed by Traffic Operations through Bob Tipton 3 -8 -07: Traffic Ops Director — reviewing PUD — The sign installed by traffic ops is only temporary till further review is done (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 $10,000.00 requested. 3- 13 -07: PO emailed to Lykins for ongoing maintenance (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 -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) 2- 14 -07: Committee consensus is to cancel this contract. Staff concurs with recommendation, PO will be cancelled. (F -23) ACTIVE- 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 3- 13 -07: NTP —sent toShanendoah (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 WilsonMiller exceeds the $90,000.00 limit. WilsonMiller 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 WilsonMiller 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. 3- 13 -07: Wilson Miller locating existing utilities for project (F -16) — ACTIVE -ON GOING (POC: Tessie Sillery) -Lake Doctors Annual Maintenance Contract - Woodshire Ditch & pump station — Notice to proceed ITEM 5, 2005 - $4,770.00 — Annually 5 -15 -05 — Purchasing required Re -Bid (quote) for project - Quotes due 5 -26 -06 5 -30 -06 — Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract — pending 6 -12 -06 — PO requested waiting on Gloria 6 -27 -06 - PO issued and ongoing (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) - COMPLF: I - Wilson Miller - Annual Consulting Services - WilsonMiller- Scope of Services received for $30,000.00 from WilsonMiller, Requires Committee Approval. Committee approved $30,000.00 — Work Order issued January 23, 2006. 8 -21 -06 — Ongoing 1- 17 -06: Reciept of final invoice from WilsonMiller pending, following final invoice PO will be closed. (F -13) — COMPLETE — BOND Resolution & Executive Summary — Coordination with Scott Teach based on WilsonMiller cost estimate. 6- 12 -06: Scott teach met with Smykowsky & will be working with Finance Board. 6- 27 -06: Meeting scheduled for 6 -28 -06 7- 18 -06: BCC to approve on 7 -25 -06 — Resolution to put on election ballot for bond issue 8 -7 -06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006 -As per Jennifer Edwards Spvr of Elections. 8- 21 -06: Tessie Uploaded new resolution superseding 2006 -201 — consent agenda —bee 9 -12 -06 9- 12 -06: BCC Approved Bond Resolution. 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) -COMPLETEE - 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.; Daryl 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 of the 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. 161 1 R,u 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 Stormwater 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) - COMPLEIP — 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 Chairman and ATM Department Director Liason Staff is obtaining alternate Scope of Services from Collier County Annual Vendor List and other private sector Engineering Firms. 10 -5 -06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract. 11 -7 -06: List of Firms submitting quote recorded. Staff recommends Special Meeting for review of proposals. (F -24) COMPLETE — MSTU Committee directs staff to meet with SFWMD concerning the installation of water level recorders. Meeting is to have Dept. Director Diane Flagg, Project Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir. Stormwater Dept, and one representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones). 10- 12 -06: Committee directs staff to set up meeting and obtain services from Mancan for minutes. 10- 25 -06: SFWMD recommends installation of staff gauges, 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-2 lb)— 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)— COMPLI l - 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. 161 18\1� (F -12) COMPLEfE — Committee member Roger Sommerville rel. 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 -11) - 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 -10) -COMPLETE -Pump System Repair— Emergency repair of Forest Lakes Pump System on 7/28/06. 7- 28 -06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for $600.00. 8- 02 -06: Purchase Order issued to FIS for repair cost. Invoicing is to Forest Lakes MSTU. 8- 10 -06: FIS invoice for $800.00 exceeds quote. Staff request FIS to re- invoice for correct amount. (F -9) - COMPLETEE - Lake # 6 — Villas Drainage Improvement - Craig Pager— County Attorneys — To determine if the project scope is within the authorization of the MSTU Ordinance. 8- 23 -06: RLS sent to Scott Teach for determination of weather the scope of proposed project is authorized by Forest Lakes MSTU Ordinance. 9 -1 -06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is authorized by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU Ordinance as it is not `roadway related drainage'. (F -8) COMPLETE -Roadway Signage and Pavement Marking Study — Installation of Signs - COMPLETED — Committee approved for signage —committee 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 final completion. 161 18`4 627 -06 - Project complete — waiting on WM to submit letter of final completion. 7 -12 -06 - Craig Pager to meet with Darryl — final 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- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP — 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation. 6 -12 -06 Completed — need report from Wilson Miller 6 -27 -06 Completed — need report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Final Completion Document Executed (F -2) — COMPLETE— Woodshire Lane Overlay Project — Y' Overlay of Woodshire 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 — final completion documentation 8 -7 -06: Final Completion Document Executed. (F -1) C'OMPL FE — PumpGenerator- 8-9-06 - Committee voted to rent a generator if its needed in an emergency 3. CO TOR'Une items in 11e quote for the Work shall be as follows: 1 LS $ $ Traf 1 LS $ $ d Ti ms TON $ $ l Course qh(1 TON $ $ SY $ $ ce Course TON $ $ ng 1 LS $ $ arkings 1 LS $ $ 1.2 REFERENCES A. Standards referenced in this Section are listed below: 1. American Society for Testing and Materials, (ASTM). a. ASTM C 117, Test Method for Material Finer than No. 200 Sieve in Mineral Aggregates By Washing. b. ASTM C 136, Test Method for Sieve Analysis of Fine and Coarse Aggregates. 1 161 1 go c. ASTM D 698, Test Method for Laboratory Compaction Characteristics of Soil using Standard Effort (12,400 ft- Ibf /W). 1.3 QUALITY ASSURANCE A. Standard Specifications and Details: 1. CONTRACTOR shall conform to all applicable requirements of the current edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (FDOT Specifications). B. Testing Services: 1. It shall be the CONTRACTOR'S respoi construction in full compliance with this si technical requirements of the Work shal provided by the CONTRACTOR. De design mix for the hot -mix course s be f plant. 2. Testing Services: The CONTRACT a. Perform field density tests every 250 specified compactio leveling and obtained. b. Report all test results t e I furnish materials and Ncerti ompliance with lting laboratory of the proposed I the asphalt feet of overlay to verify that the ape course materials has been 3. Authority and Duties of CO "'g Laboratory: Technicians representin ting labora hall ins t the materials in the field and perform pac sts, and sh report their findings to the ENGINEER and CO OR. en the mat 'al furnished or Work performed by the CONTRA f fulfill the quirements of the Work, the technician s ect th ER and CONTRACTOR to such failure. hnic hall no ct as foreman or perform other duties for CO CT k will be checked as it progresses, but failure to detect efectt ork or materials shall not in any way prevent later rejection en ch defect is discovered, nor shall it obligate the NGINE for final acceptance. Technicians are not authorized to revoke, r, rel enlarge, or release any requirements of the Work, nor to a r accept any portion of the Work. _ A. CONTRACTOR shall submit the following: 1. Certificates of compliance for the proposed S -III mix, providing complete data on the following: a. Coarse and fine aggregates from each material source and each required grading. b. Asphalt for each penetration grade. c. Job -mix design mixtures for each material or grade. d. Density of uncompacted bituminous concrete. OA 16t 1g�.p e. Density of compacted bituminous concrete. f. Density and voids analysis for each series of bituminous concrete mixture test specimens. g. Bituminous concrete plant inspection. 1.5 JOB CONDITIONS A. Weather Limitations: I . For base paving 2- inches thick or greater, atmospheric temperature shall be 40 °F and rising. For surface paving or pavement less than ches thick,-the surface temperature shall be 50 °F or greater. 2. No asphalt concrete shall be placed when the w s foggy or rainy, or when the base on which the material is to be place tai isture in excess of the optimum. Asphalt concrete shall be pla o whe NGINEER deter- mines that weather conditions are suit B. S hall averagpth of I" for overlays. thickness ling IWurface courses) shall be an average of 1 -3/4" A. Leveling an ace Courses: 1. Levelin and Surface course material shall be an S -III hot mix asphalt concrete, consisting of mineral aggregate and paving asphalt conforming to FDOT Specifications. C. Tack Coat: Tack coat materials shall be in accordance with Section 300 of the FDOT Specifications. 2.3 PAVEMENT MARKING MATERIALS A. Pavement marking materials shall meet applicable FDOT Specifications. 9 1b' 1B\m PART 3- EXECUTION 3.1 INSPECTION A. CONTRACTOR shall examine the existing pavement on which bituminous concrete will be installed and notify ENGINEER, in writing, of any conditions detrimental to the proper and timely completion of the Work. CONTRACTOR shall not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER. B. No materials shall he placed on pavement thereon. A. CONTRACTOR shall repair all pothQM§Wr to Pothole repairs shall be completed as folio a. Completely clean the pothole of loose m b. Place a minimum of 1 in S -III hot mix a the pothole. C. Compact with a 2 -ton Tolle level with the existing asph !tpac B. Leveling C. The e muddy or have water shall `be edge -to -edge and shall meet 2% cross slope, if possible. A. S es of les, halve boxes, and other structures located within the res area to f grade in an approved manner prior to surface course overlay. i PAV M LITY REQUIREMENTS _ low A. General: In addition to other specified conditions, comply with the following minimum requirements: 1. Provide final surfaces of uniform texture, conforming to approved grades and cross sections. B. Density: 1. If directed by ENGINEER, compare density of in -place material against laboratory specimen or certificates on same bituminous concrete mixture. Use nuclear testing devices. 4 161 2. Minimum acceptable density of in -place course material shall be 90 percent of the recorded laboratory specimen or certificate density. Maximum acceptable density shall be 98 percent. C. Thickness: In -place compacted thicknesses shall average not less than the thicknesses specified. 3.5 PATCHING A. As directed by ENGINEER, in writing, remove and out such areas and fill with fresh bituminous cone density. 33.6 CLEANING AND PROTECTION A. Cleaning: After completion of paving o t bituminous materials and all foreign B. Protect newly finished pavement until it has C. _ Cover openings of drainage s the , are placed. 0 13 all defective areas. Cut react to the required spilled properly hardened by cooling. permanent coverings markings in accordance with Sweep surf3With plWr broom supplemented by hand brooms to remove 2. t beginearking bituminous concrete pavement until approved by C. Application7echanical 1. Using equipment, provide uniform straight edges in two separate coats. Apply in accordance with paint manufacturet's recommended rates. 5 1 Bw GOLDEN GATE M.S.T.U, ADVISORY COMMITTEE gala 2885 Horseshoe Drive -44 Naples, FL 34104 Nalas 0 April 10, 2007 Coyle C)oletta AGENDA 1. Call Meeting to Order Il. Attendance III. Approval of Agenda IV. Approval of Minutes- March 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 — Caroline Soto 1. Line Item for Road Mowing Fund Transfer B. Project Manager Report — Darryl Richard Vlll. New Business IX. Old Business A. Update on Golden Gate Parkway Bridge — Pat Spencer B. Sunshine Repaving C. Grants r +,; D. Master Plan Discussion p,: E. Sunshine Opening Celebration�L1 X. Public Comments XI. Adjournment The next meeting is scheduled for May 8, 2007 4:00 PM At Golden Gate Community Center Naples, FL 0 16, mi GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE 2885 Horseshoe Drive Naples, FL 34104 March 13, 2007 MINUTES The meeting was called to order by Chairman Rick Sims at 4:10 p.m. II. Attendance Members: Peggy Harris, Barbara Segura, Richard Sims, Patricia Spencer. County: Darryl Richard- Project Manager, Lisa Hendrickson - Management Budget Analyst, Caroline Soto- Budget Analyst Others: Michael McGee- McGee & Associates, Frank Kip, 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 Peggy Harris. Motion carried unanimously 3 -0. IV. Approval of Minutes- February 13, 2007 Change: - Remove "No applications were received" on page #3. - Spelling to "ixora" and "xeriscaping" - Add the language "Peggy Harris mentioned that residents on Hunter Blvd. are more interested in the esthetics of the area than the road itself' under line item "IX. Old Business, C. Master Plan Discussion.' Rick Sims moved to approve the February 13, 2007 minutes with the revisions. Second by Peggy Hams. Motion carries unanimously 3 -0. V. Landscape Maintenance Report — Advanced Lawn 161 18�1 Mike Luneke reported: - Pest control was performed. - There will be tree trimming the second week of April on Hwy 951 and Golden Gate Parkway. Dan Mote reported: - He will be contacting Roger about watering more since things are getting dry. - Pump #7 will be investigated for possible failure. Mike Luneke mentioned that A & L is doing a soil test on the ixoras, which will be available for the next meeting. Rick Sims invited anyone from Advanced Lawn with suggestions on better procedures or cost saving measures to let him know. VI. Landscape Architects Report — Michael McGee A. Landscape Update Michael McGee mentioned that the medians need to be thoroughly wet down. B. Update on Sunshine Project — Michael McGee and Darryl Richard Michael McGee reported that the pump and well is in place. The electric should be in place today. Darryl Richard added that Bonness has a few repairs to make with the asphalt. A six month to a year re- inspection on the work for warranty issues should be done. Barbara Segura joined the meeting at 4:25 p.m. Rick Sims mentioned that the existing light poles need to be straightened. Darryl Richard agreed to contact FPL about correcting the lighting poles. VII. Transportation Operations Report A. Current Budget — Lisa Hendrickson Darryl Richard introduced Caroline Soto as the new County budget staff person for the meeting. 1. Line Item for Road Mowing Fund Transfer 2 1 ' iv, Open discussion ensued on how the roads are being mowed, how often and where the funding is derived. Darryl Richard pointed out the cost of mowing two times a month for each road: - Green - $300 - Coronado- $250 - Hunter- $250 - Lucerne -$30 Mike Luneke added that it is just the medians being mowed by Advanced Lawn and that Santa Barbara is mowed from Golden Gate to Green every other week. Michael McGee reviewed the original mowing contract with Advanced Lawn noting that it is for 20 mowings a year on a road. Peggy Harris brought out that Coronado and Hunter are not always being mowed and trash is not being picked up. Michael McGee requested that Advanced Lawn submit their mowing schedule. Darryl Richard requested that Advanced Lawn do trash pick up even if mowing is not needed; and if mowing is not needed that he be contacted for verification. He also requested that Caroline Soto investigate how the funds are being transferred from Road and Bridge for the mowing. B. Project Manager Report — Darryl Richard Darryl Richard distributed and reviewed the Project Manager Report (see attachment). He noted that Tessie Sillery is now the point of contact for ongoing maintenance items. Darryl Richard addressed the issue of the Golden Gate sign that has been removed for construction purposes. It is being stored by Advanced Lawn. The lighting replacement for the sign can be paid by the 112 fund or it may be an MSTU expense if it is upgraded. Discussion ensued on what expenses come out of the MSTU funds for Golden Gate Parkway. Michael McGee suggested that once the road work on Golden Gate has completed that the issue of the best sign location placement be addressed. Darryl Richard will get a quote from Lykins Company to clean the sign while it is out of the ground. 161 1B \1 VIII. New Business Barbara Segura will not be at the April meeting. IX. Old Business A. Update on Golden Gate Parkway Bridge — Pat Spencer No update. B. Sunshine Repaving No report. C. Sunshine Opening Celebration D. Master Plan Discussion Rick Sims and Michael McGee reviewed the history of the MSTU and how the roadways were improved. Michael McGee noted that there are restrictions on placing irrigation within medians without curbs. Darryl Richard added that Radio Road has had difficulty with the restrictions on the medians because of not having curbing. He added that in order to raise the millage rate it has to go out with a petition for the public to get a 50% plus one affirmation. Michael McGee suggested having an information pamphlet created about the options available for beautification improvements. It was suggested to inform the public at the opening of Sunshine Blvd. about the possibility of beautification of more roads, to have a power point slide show for the Golden Gate Civic Association and to have an information pamphlet that also has a questionnaire for the public opinion on improving the roads. Michael McGee proposed the question for investigation that if the MSTU sunsets and there are no more funds for maintenance of the roads what is the legal procedure. He noted that if one more road is improved then later on funds for maintenance will go into the negative at the current millage rate. A loan from the County to get the project started sooner was suggested as a possibility. Darryl Richard requested that Michael McGee submit a formal proposal for the creation of a power point presentation, brochure, and questionnaire. rd 16 Discussion ensued on when to speak with Commissioner Tom Henning. Michael McGee suggested to keep pressing to get funds for curbing from the County. He also suggested having a motion go before the Board of County Commission with the backing of the Police Department and Fire Department that it is a safety issue and they are in favor of improvements. E. Grants 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 6:25 p.m. The next meeting is scheduled for April 10, 2007 4:00 PM At Golden Gate Community Center Naples, Fl 161 18\,% GOLDEN GATE M.S.T.U, ADVISORY COMMITTEE 2885 Horseshoe Drive Naples, FL 34104 March 13, 2007 FClifu h� / \.�•1 A quorum was established, the minutes and agenda were approved. IX. Old Business D. Master Plan Discussion It was suggested to inform the public at the opening of Sunshine Blvd. about the possibility of beautification of more roads, to have a power point slide show for the Golden Gate Civic Association and to have an information pamphlet that also has a questionnaire for the public opinion on improving the roads. Michael McGee proposed the question for investigation that if the MSTU sunsets and there are no more funds for maintenance of the roads what is the legal procedure. He noted that if one more road is improved then later on funds for maintenance will go into the negative at the current millage rate. A loan from the County to get the project started sooner was suggested as a possibility. Michael McGee suggested to keep pressing to get funds for curbing from the County. He also suggested having a motion go before the Board of County Commission with the backing of the Police Department and Fire Department that it is a safety issue and they are in favor of improvements. 161 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: February 16, 2007 TO: Collier County Advisory Boards FROM: Skip Camp, CFM, Director Department of Facilities Management REFERENCE: Main Government Complex Reserved Parking 19 A couple of weeks ago, we sent out an announcement that the new parking deck was officially open and therefore, there no longer would be the need for the reserved spaces. After discussions with some board members, it has been decided that the County will reestablish those reserved spaces for all members of the County's advisory boards. The Commission and County staff truly appreciates the work of these boards and are happy to make this accommodation. Should you have any questions or require additional information, please contact me at 774 -8380. Thank you. c: Jim Mudd, County Manager Len Golden Price, Administrator Administrative Services Division 16 ' 1 9�-A March 13, 2007 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, 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- 10 -06: MSTU Committee Chairman request further explanation. 11- 14 -06: Committee provided information regarding mowing that Road & Bridge fund pays for mowing up to 8 mowings and then MSTU Fund takes over for the remaining mowings for a total of 52 mowings per year (one mowing per week). 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 -11) ACTIVE — Darryl - Sunshine Boulevard (Curbing, Asphalt, and Lighting) - GOES TO BCC ON SEPT 27, 2005; Construction Cost: BONNESS, INC.: $301,691.31; Materials Cost- Lighting: Lumec: $25,380.00 3 -06 -06 — Curbing 20% installed, Asphalt 100% installed, overall project 60% complete. Change Order 91 — 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 5h, 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 finished 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. 161 10\� 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. 3- 12 -07: Bonness will be re- mobilizing on 3 -14 -07 to address identified punch -list items. (G -10) 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 Landscape/Irrigation Phase of Project. 5- 30 -06: Project plans received to be delivered today to purchasing. 7/11/06 : McGee & assoc. needs to revise bid tab. 7/18/06: Purchasing working on getting bid out. 8 -7 -06: Posting 7/28/06 for bidding out. 8- 22 -06: Bids due on September 18, 2006 (2:30 PM), pre -bid meeting on September 6, 2006 (10:00 AM) 8- 31 -06: Project is on schedule with Bid due date of Sept. 18; ES Deadline is Sept 25 for BCC Date Oct. 10 9 -5 -06: McGee confirms attendance at (9 -6 -06) tomorrow's Pre -Bid Meeting at 10:00 AM 9- 12 -06: Bids are due September 18, 2006. 10 -9 -06: Item loaded into Novus for BCC approval on 10/24/06, MSTU Committee to review on 10 -9 -06. 12- 12 -06: Copy of approved contract from Purchasing Department pending. Purchasing, County Attorney, and Risk Management review of contract not complete. 1 -8 -06: Meeting with Dale Hannula to review project plans. MOT plan required for ROW Permit issue. Notice to Proceed anticipated to be issued January 15, 2007. 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 3- 12 -07: Project is 27% Completed. Pump and Well system is installed all mainline and laterals installed. ( G -13) COMPLETE - Explanation of Budget Line (on old Fund 136 Report) Item: `Transfer To Unicor MSTD (I 11) - 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 rosin 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 2 161 i oo 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 Mattic (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-1) - COMPLETE- Interim Maintenance -Advanced Lawn; PO number 4500044020 open for $15,765.00 (GG Pkwy Medians); PO 4500044021 for $18,271.00 (951 Part A and B). ��)��) �q 0 �"mm1,8 � ooz�m� ��,a §§6ag � �2�n� 2»S kk `)k \z'mm!�` j�2§ o m2�o -M § �?� )E�§ �z k mG� TM m En j § z`k § \) (k� � m § / i �mQ_�����4-------- - - -� -- ■■Ng kk,POP. . .§),\ kk %&a888ES 8 k§.aO WOE .Wa sk ee Coco m 'd§kk apmeseESe «as n=R,n � §l; W ;(D m« 0 © „R . )§(0Bw M � ) 0 § ; § (n @: 5- 5' \ �k��a), � = ( ! ! ■■ g ! )\k)(D j) /\ 'T 8 --------- - - - - -- k, §,§q,kj,�),2) ,k 8 �E 87 Js �E 'm;�(4lKm@ [¥,«cmmm�m �20k ; ©M) §§ QC)mMm ZU) `)!kS «d ;gg q§ >§ / 22 z m -- I6! k ..I ■ .. { {&! ^_ �0 $) 7 # /e# [2 < CL � &(k -72 7f �0 |[ � I I K } 4 0 0 0 z Q m �zm w °c §nq o � � B ■ j ,),$$,$�! •°°°°°°° k ..I ■ .. { {&! ^_ �0 $) 7 # /e# [2 < CL � &(k -72 7f �0 |[ � I I K } 4 0 0 0 z Q m �zm w °c §nq o � � B ■ j Radio Road Beautification M.S.T.U. Advisory committee 2885 Horseshoe Drive South Naples FL 34104 161 l Bo April 17, 2007 / Fiala AGENDA Halas Henning "%- ---- ---._ I. Call Meeting to Order Coyle COletta II. Attendance - III. Approval of Agenda IV. Approval of Minutes: March 20, 2007 V. Transportation Services Report A. Budget Report- Caroline Soto 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 and Phase 11 -A VIII. Old Business A. Greenway Path Public Meeting and Plans IX. New Business X. Committee Member Comments XI. Public Comments XII. Adjournment Misc. Corres: mate: S Ffl It #: — /1j (Copies to The next meeting is scheduled for May 15, 2007 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 1 1 r Radio Road Beautification M.S.T.U. A'W '\. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 March 20, 2007 SUMMARY A quorum was established. The minutes and agenda were approved. V. Transportation Services Report B. Fiscal Year 2007 -2008 The proposed budget spreadsheets were distributed (see attachments). Discussion ensued on budget numbers. The following changes were made: - Eng Fees Other $45,000 - Indirect Cost Reimbu $3,600 - Landscape Incidental $5,000 - Other Contractual (Devonshire) $60,000 - Electricity $100 - Sprinkler System Maint. $1,000 - Landscape Maintenance $10,000 - Mulch (Devonshire) $10,000 - Landscape Materials $19,000 - Printing and or Bind $500 - Other Miscellaneous $2,500 - Fert Herb Chem (Devonshire) $1,500 - Other Operating Supp $500 Tessie Sillery has notified County Staff that the millage rate should return to .50. Dale Lewis moved to have the Fiscal 2008 budget be $158,700 with 5% in reserves and have the millage rate return to .5 and all remaining funds go into improvements capital. Second by Betty Schudel. Motion carried unanimously 5 -0. D. Review and Approval of Project Phase II -A 10 \i Dale Lewis moved to approve $9,340.00 for "Landscape 16 Architectural Services, Radio Road Median Renovation Phase II- A." Second by Betty Schudel. Motion carried unanimously 5 -0. VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn Dale Lewis moved to request staff to review that the 112 fund will pay the $100.00 for the irrigation at the Berkshire Lakes sign. Second by Betty Schudel. Motion carried unanimously 5 -0. VII. Landscape Architects Report- Michael McGee B. Radio Road Project Phase- I Dale Lewis moved to accept Michael McGee's proposal for Phase I and direct Darryl Richard to go back and ask the County if they can share some of the cost of converting the water into re -use. Second by Betty Schudel. Motion carries unanimously 5 -0. 16 ; 1 B ,w '\ 1 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 March 20, 2007 MINUTES I. The meeting was called to order by Chairman Dale Lewis at 4:02 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, Caroline Soto, Budget Analyst Others: Dan Mote, Frank Kip and Mike Luneke- Advanced Lawn, Michael McGee- McGee & Associates, Michelle L. S. Guerrero— Mancan III. Approval of Agenda Add: - Line item W. Transportation Services Report, B. Fiscal Year Budget 2007 -2008, and D. Review and Approval of Project Phase II -A" Chairman Dale Lewis approved the agenda. IV. Approval of Minutes: January 16, 2007, and February 20, 2007 Page #3 of the February 20, 2007 minutes should have read 'may' instead of 'my.' Betty Schudel moved to approve the January 16, 2007 and February 20, 2007 minutes as amended. Second by Helen Carella. Motion carried unanimously 5-0. V. Transportation Services Report A. Budget Report- Lisa Hendrickson Caroline Soto distributed and reviewed the budget (see attachment). It was noted that the Lykins Signtek PO is under the wrong MSTU, the error will be corrected. 161 1B\s The actual budget number is $871,500.00. B. Fiscal Year 2007 -2008 The proposed budget spreadsheets were distributed (see attachments). Discussion ensued on budget numbers. The following changes were made: - Eng Fees Other $45,000 - Indirect Cost Reimbu $3,600 - Landscape Incidental $5,000 - Other Contractual (Devonshire) $60,000 - Electricity $100 - Sprinkler System Maint. $1,000 - Landscape Maintenance $10,000 - Mulch (Devonshire) $10,000 - Landscape Materials $19,000 - Printing and or Bind $500 - Other Miscellaneous $2,500 - Fert Herb Chem (Devonshire) $1,500 - Other Operating Supp $500 The total operating budget as amended is $158,700. Tessie Sillery has notified County Staff that the millage rate should return to .50. Dale Lewis moved to have the Fiscal 2008 budget be $158,700 with 5% in reserves and have the millage rate return to .5 and all remaining funds go into improvements capital. Second by Betty Schudel. Dale Lewis requested a corrected copy of the budget for the next meeting. Motion carried unanimously 5-0. C. Project Manager Report — Darryl Richard Darryl Richard distributed and reviewed the project report (see attachment). The availability of re -use water and the need for a mixing chamber was reviewed. Darryl Richard agreed to look into re -use water availability. Phase I Curbing Project will be signed and sealed by tomorrow. Darryl Richard added that once TECM reviews it the project can go out to bid. 2 161 1g�% Michael McGee mentioned that some clarification on who is responsible for paying for different items still needs to be secured. The project should be broken into three phases. D. Review and Approval of Project Phase II -A Darryl Richard distributed the "Landscape Architectural Services, Radio Road Median Renovation Phase II -A" (see attachment). Phase I and Phase II -A should be constructed at the same time. Dale Lewis moved to approve $9,340.00 for "Landscape Architectural Services, Radio Road Median Renovation Phase II- A." Second by Betty Schudel. Motion carried unanimously 5 -0. VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn Michael Luneke reported: - Pest Control was done. - Canape trees will be trimmed in April. - A vehicle accident on Devonshire will have a proposal submitted. Dan Mote reported: - A pump has been down by Glen Eagle so areas are dry. - The system has been down several times for main line repairs. - The irrigation on median #15 was vandalized. - Watering will be increased for plant recovery. - A proposal of $100.00 was submitted to prevent the water from staining the sign. Dale Lewis moved to request staff to review that the 112 fund will pay the $100.00 for the irrigation at the Berkshire Lakes sign. Second by Betty Schudel. Motion carried unanimously 5-0. VII. Landscape Architects Report- Michael McGee A. Monthly Report Michael McGee mentioned that some of the plumbego need to be replaced if the plants are over 50% gone. Mike Luneke added that some plants were replaced due to irrigation loss. Darryl Richard requested a proposal from Michael McGee to run irrigation lines for the magnolias on Radio Road. B. Radio Road Project Phase- I 161 13\� Michael McGee distributed and reviewed the "Radio Road Phase I Median Improvement and Landscape Renovation, Opinion of Costs" (see attachment). Discussion ensued on having some of the irrigation cost for the project covered through the 112 fund. It was suggested to review the cost effectiveness and need for conversion to affluent irrigation. It was noted that the funds are low since the millage rate was dropped. It was mentioned that if the funds run short then a County Loan can be looked into. A suggestion was made to raise the millage rate to .75 so that the project is not held up. Michael McGee added that there are enough funds as it stands to cover Phase I and Phase II -A. The rest of the project could be funded through a County Loan paid back over two years. Darryl Richard continued the thought that once the projects are complete and there are no more goals for the MSTU then it could meet quarterly or even sunset. Dale Lewis moved to accept Michael McGee's proposal for Phase I and direct Darryl Richard to go back and ask the County if they can share some of the cost of converting the water into re -use. Second by Betty Schudel. Motion carries unanimously 5 -0. VIII. Old Business A. Greenway Path Public Meeting and Plans Trinity Caudill -Scott was not available. IX. New Business X. Committee Member Comments XI. Public Comments There being no further business to come before the Committee, the meeting was adjourned at 6:36 p.m. The next meeting is scheduled for April 17, 2007 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 0 161 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: February 16, 2007 TO: Collier County Advisory Boards FROM: Skip Camp, CFM, Director Department of Facilities Management REFERENCE: Main Government Complex Reserved Parking A couple of weeks ago, we sent out an announcement that the new parking deck was officially open and therefore, there no longer would be the need for the reserved spaces. After discussions with some board members, it has been decided that the County will reestablish those reserved spaces for all members of the County's advisory boards. The Commission and County staff truly appreciates the work of these boards and are happy to make this accommodation. Should you have any questions or require additional information, please contact me at 774 -8380. Thank you. c: Jim Mudd, County Manager Len Golden Price, Administrator Administrative Services Division C. C m z o z r a D N O z O y r cn Q 0 w N c 0 m cn c 0 m a s En 4A 4A 4A 00 4 w X O -� o D N rn D O J N O z m v c z v m v D z n z 3 � 5 M M z C) z -4 G) < O 3 n cn m z v O Z O m z Om w vi o m N z � N po cn m 3 M m z O D -i O z C. 161 �o 0 0 W N 0 as V I- 0 0 y M 18,% m o m m 00 D r c t 0 d O z O y r cn Q 0 w N c 0 m cn c 0 m a s En 4A 4A 4A 00 4 w N Of v' -� o ao N rn J N O O O O O O 161 �o 0 0 W N 0 as V I- 0 0 y M 18,% 161 1 o March 20, 2007 Prepared by: Daryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Radio Road MSTU Project Status (R- 15) - ACTIVE, RE -USE WATER PROJECT (POC: Darryl Richard) 3 -08 -07 : Updated application for Re -Use Gallons per minute and approval pending ( 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 of Irrigation 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) - ACTIVE- 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 IL 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) 161 1 B�% 9- 11 -06: McGee & Associates sends correspondence in response to Staff request for confirmation of anticipated cost for consulting for Phase I, II, and III combined. Copy provided for September 19, 2006 Radio Road MSTU regular meeting. 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 11, 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 #1. 2- 20 -07: Change Order #1 is being reviewed by Staff for approval. Inclusion of Engineer Sub - consultant is only item in Change Order. 3 -8 -07: NTP for Change Order # I . ( R — 19) - COMPLET E- 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: John 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 -11) 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 MSTU /MSTD plantings or irrigations. ( 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 Bonness, Inc. pavers to match existing specification. 11- 10 -06: Project Completed (R-18)- COM PLE "IE -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 -10) 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 ROW and will be required to replace shrubs and damaged irrigation system. 161 18\% 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 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. (1) 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: (1) 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 I1 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) - COMPLETE - 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) - COMPLLTE —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 1 Radio Road at Santa Barbara - COMPLETE - Advanced Lawn. (R -3) - COMPLLI E -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 16 r 18,E (R -1) 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, Terns and Conditions. Additional Quotes requested as per Committee Direction. 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 El nee 03/15/07 Mr. Darryl Richard, Project Manager, Collier County Transportation Department Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 16 ' 19 ,q Subject: Request for Landscape Architectural Services Project Name: Radio Road Median Renovation Phase II -A (Two): From Bnarniood to Commercial. Contract: #04 -3614: Landscape Architectural Services Fixed Term Proposal No. 2007 -122P Dear Mr. Richard: McGee & Associates is providing the following Additional Services for the above listed project. Scope of Services 1. Prepare plans and specifications for the median landscape and irrigation renovation caused by the County roadway median improvements. Ail plans and specifications to comply with current Collier County roadway Master plan and R/W ordinance standards for median landscape and irrigation improvements. _. 3ased upon requested accelerated services schedule plans to be submitted for 100 percent plan review no later than thirty (30) working days from the date of the notice to proceed. Estimated Design Schedule: 60 percent plans 13 days from date of notice to proceed 90 percent plans 10 days from review comments 100 percent plans 7 days from 90 percent review comments Additional Service Fees: 1. See attached "Project Man Hour and Fee Support Calculations" schedule. Michael A. McGeer.l.a., i.s.a. President, McGee & Associates. LC 098 Date: 507;9 ; avnianai Trail East l P. C. 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L+ATn a COLLIER COUN'T'Y PUBLIC VEHICLE ADVISORY COMMITTEE April 2, 2007 9:30 AM 161 Collier County Community Development Services Building 2800 N. Horseshoe Naples, FL 34104 Conference Room #609 Fiala Halas ✓_ l Henning__ Coyle Coletta 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: March 5`h, 2007 V. New Business: A. New Application: 1.Med Tech Non - Emergent Transport - New CIO 2.Alligator Alley Express LLC - New CIO VI. Complaint Report - Michaelle Crowley VII. Discussion: VIII. Speakers IX. Next Scheduled Meeting Date: May 7th, 2007 X. Adjournment Misc Canes. Date. i tern #. (3 -- GuG.::s tO. Collier County Community Development Services Building 2800 N. Horseshoe Naples, FL 34104 Conference Room #609 Fiala Halas ✓_ l Henning__ Coyle Coletta 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: March 5`h, 2007 V. New Business: A. New Application: 1.Med Tech Non - Emergent Transport - New CIO 2.Alligator Alley Express LLC - New CIO VI. Complaint Report - Michaelle Crowley VII. Discussion: VIII. Speakers IX. Next Scheduled Meeting Date: May 7th, 2007 X. Adjournment Misc Canes. Date. i tern #. (3 -- GuG.::s tO. v 1� April 12, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending Collier County Ordinance No. 78 -56 and Ordinance 87 -16: The Definition of "Alcoholic Beverages" Dear Legals: Please advertise the above referenced notice on Friday, April 27, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk Account# 521- 371500- 649100 17A, NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on May 8, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 78 -56, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara From: ClerkPostmaster Sent: Friday, April 13, 2007 9:18 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT01887.txt, Ordinance Amending - The Definition of Alcoholic Beverages 37 LLJ ATT01887.bct (231 Ordinance B) rending - The Defin 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 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: 17A Originating Dept/ Div: Collier County Sheriff's Office Person: Cpt. Michael Hedberg Date: April 10, 2007 Brief Description: Ordinance Amending Definition of Alcoholic Beverage(s) in Ord. No. 78 -56 and Ord. No. 86 -17, As Amended. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before x BCC BZA Other dn 0.1 Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) 007 Newspaper(s) to be used: (Complete only if important): x Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 78 -56, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: Collier County Sheriff's Office - 521- 371500- 649100 10 APol Date Approved by: County Manager Date TIAr- Q[ctl" D7 a e S 07 CAW `>< ZI O7 ORDINANCE NO. 2007- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 7868, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE WHEREAS, Subsection (1) in SECTION ONE of Ordinance No. 78-56, that Is codified as Subsection 6- 1(a)(1) In Chapter SIX of the Collier County Code of Laws and Ordinances) defines "Alcoholic beverages "; and WHEREAS, Subsection A In SECTION THREE' of Ordinance No. 87 -16, as amended, that is codified as Subsection 6- 3(c)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances), also defines "Alcoholic beverage'; and WHEREAS, the Sheriffs staff is recommending that these two (2) definitions be emended to ooincide with Section 562.47, Flodde Statutes, to thereby provide that the stated opinion testimony is sufficient evidence to prove violations of Chapter SIX of Collier County's Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection (1) in SECTION ONE of Collier County Ordinance No. 78 -56, that is codified as Subsection 6- 1(a)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: SECTION TWO. Subsection A IN SECTION THREE of Collier County Ordinance No. 87 -16, as amended, which is codified as Subsection (c)(1) in Section 6-3 of the Code of Laws and Ordinances, is hereby amended to read as follows: A. "Alcoholic beveragep" and the reauiaite Proof thereof means whiskey, f Words Underlined are added; Words 94aelr- Tk%tWk are deleted 17 SECTION THREE. Conflict and Severabilky. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose In the Interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SEC71ON FOUR. 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 raiettered to accomplish such, and the word "ordinance' may be changed to 'section,* "article,' or any other appropriate word. SECTION FIVE. Effective Date. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this 247" day of &dl , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clark OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal su loiency: By: _ 10 Thomas C. Palmer, Assistant County Attorney 2 Words Und2diarA are added: Words Streak 41me s am deleted. 17 `0T e 17A ORDINANCE NO. 2007- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 7"(1, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 67 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE WHEREAS, Subsection (1) In SECTION ONE of Ordinance No. 78-56, that is codified as Subsection 6- 1(s)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances) defines "Alcoholic beveragee"; and WHEREAS, Subsection A in SECTION THREE of Ordinance No. 87 -16, as amended, that is codified as Subsection 6- 3(c)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances), also defines "Alcoholic beverage "; and WHEREAS, the Sheriff's staff is recommending that these two (2) definitions be amended to coincide with Section 582.47, Florida Statutes, to thereby provide that the stated opinion testimony is sufficient evidence to prove violations of Chapter SIX of Collier County's Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE Subsection (1) in SECTION ONE of Collier County Ordinance No. 78-58, that is codified as Subsection 6- 1(a)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances, Is hereby amended to read as follows: SECTION TWO. Subsection A. IN SECTION THREE of Collier County Ordinance No. 87 -16, as amended, which is codified as Subsection (c)(1) in Section 6 -3 of the Code of Laws and Ordinances, is hereby amended to read as follows: 1 WorditUmiedin are added; words sob eut;k arc deleted. 17A SECTION THEE. Conflict and Severablllty. The provisions of this Ordinance shall be liberally construed bD effectively carry out its purpose in the interest of public health, safety, welfare andW convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason hell Invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holdlhg shell not aged the validity of the remaining portions thereof. SECTION FOUR. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Lem and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relattered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. Effective Date. This Ordinance shall become effective upon being flied with the Departmelt of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this 2e day of April 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clark OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: JAMES COLETTA, Chairman Approved as to form and legal sufficiency: By: I D wt Thomas C. painw, Asdstant County Attorney 2 Words UWgjjgW are added: Words SMhek -Thaeagk are deleted. Page 1 of 1 17 A Martha S. Vergara From: Beverly Hillegas - 2083 [2083 @colliersheriff.org] Sent: Thursday, April 12, 2007 3:34 PM To: Martha S. Vergara Subject: RE: Alcoholic Beverage Ordinance Yes, please advertise for the May 8th meeting. Thank you for your help. Beverly Hillegas - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Thursday, April 12, 2007 1:07 PM To: Beverly Hillegas - 2083 Subject: Alcoholic Beverage Ordinance Hi Beverly, I called and explained to Kay that the deadline for anything to be advertised for the April 24th meeting has passed. The earliest meeting we can advertise this for as of today is May 8th. Would you like me to go ahead with ad for the May 8th date? If you would let me know in writing, an e-mail to Minutes and Records is fine; if you have any questions feel free to call. Thanks Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext.7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want}our 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. COLLIER COUNTY SHERIFF'S OFFICE NOTICE This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This footnote also confirms that this email message has been swept by MAILsweeper for the presence of computer viruses, VBS Scripts, mobile -code threats, and inappropriate verbiage. www.colliersheriff.org 4/12/2007 17,4 a "� x April 27, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending Definition of Alcoholic Beverages Dear Legals: Please advertise the above referenced notice on Saturday, April 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account# 521- 371500 - 649100 17 jA ,I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on May 8, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 78 -56, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17A -41 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn 17 A To: legals @naplesnews.com Subject: Amending Definition of Alcoholic Beverages Attachments: Ordinance Amending Alcoholic Beverages.doc, Ord. Amend. Definition of Alcoholic Beverage.doc Good Morning, Please advertise the attached Saturday, April 28, 2007 OA 1 Ordinance Ord. Amend. Thank you, vending Alcoholic B Definition of Alco... Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) t Ann P. Jennejohn 17 A From: ClerkPostmaster Sent: Friday, April 27, 2007 10:16 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT21498.txt; Amending Definition of Alcoholic Beverages ATT21498.txt (229 %mending Definition B) of Alcohol... 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 Amending Definition of Alcoholic Beverages Ann P. Jennejohn From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Friday, April 27, 2007 10:44 AM To: Ann P. Jennejohn Subject: RE: Amending Definition of Alcoholic Beverages M From: Ann P. Jennejohn (mailto: Ann .Jennejohn @clerk.collier.fl.us] Posted At: Friday, April 27, 2007 10:16 AM Posted To: Legals - NDN Conversation: Amending Definition of Alcoholic Beverages Subject: Amending Definition of Alcoholic Beverages Good Morning, Please advertise the attached Saturday, April 28, 2007. Page 1 of I 17 A 'I Thank you, <<Ordinance Amending Alcoholic Beverages.doc>> <<Ord. Amend. Definition of Alcoholic Beverage.doc>> Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. Jenne john @clerk.collier.fl.us) Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/27/2007 05/21/2007 23:13 2392634864 -- NAPLESDAILY PAGE 03/03 NAPLES UAMA: NEWS Pnblishc4 Oath Naples, FL 34 ii Affidavit of Publication State of Florida County of Collier Bcforc the undcrsigncd d:e}'scnn Its Ilic authority. personall} appeared tj_. Lamb- alto on oath says that lhcp cenc as the ABimant Corporate SCCrcum of Nap(Cs Daily ;I daily nmispaper published of Naples. in CollierCotlntp. FlDridr. distributed in CDliicr and Lce counties Df Florida'. Ihat the actaehcd Cope or the advertising, being a P1:131-1C OTICE in the manor Df PUBLIC NOTICE was published in said rimspaper I (line in the Imuc on April 28'h 2007 \11',m' finch r %a --k'hat line kaiA Sdplcr Daily \'awe is c eau ffOrcr puhllehcd at Vaplcn. in said Cn7im'Cn'm41•, Florida. Imd Ihit IN aid n.e.lnper hue hemlofnrc h_vrwr'tinul. "sly puhliandd in said Collier Cmn'lp. florid': d6tributcd in Collier and Ice ernuii nr Flud'hi. enci, . dby and has hen' en:wed n.c reseed clan' ii reuacr is the poet elks in Funlus. in yak! C'nllitt C;nurty. I9mide. 4yr a period or 1 roar nuaT p "vecd'ne the fret pu'diolion urtho attached enpv of .d• +:'I rem em: end Ci1)M"1 11' Filer airs d,m he 6aN nebhcr h +id m,r po.PT14rd aba' perlon, firm OF cIltr0e m am' disrnunl,'cinic. rnnnnis4inn nrwrintl For the p.'rprnc of +.x1.IrI1r.thi• ri tYllem'ent lin pnbl iul i nr i i the ;,I Oil non'sp reI (Signalnlr. of +l fflautj Sworn to and subscribed before me This 22"d iv of ikfev Min (Signalarc of nolary public) ,J M'f COAM.gSSIM # DD2700 EXPRFA :itvF• June 29, 7007 taN, -rur fMu fir, t11M'Adil[AIJGE 14r, FF.I 0110 axoeuus pNDPERIl0I1s CDao DjryRiCE el OINNArNrCo E Notice la hereby Riven that an Mar A. Zee? O, the boardroom, Dfd I..,, Admiolsb9a111 Sulldi0s t) q Collor coun Goverh1mant center. Nap16i flo Ida. the aaard of Caua Cam - mtsllmEn will consider hoe nti onfamCe. Dine mectlny will Comments at lto0 A.M. The title of the PraFpbad Ordlnance IE U uclm• OR AN 0 USE Of CO AMENDING T�DEFINI- 9T9EVCRAGE'IN SUBAEC ZION I1) OF SECTION ONE IN ORDINANCE hA- 78.54, AND T E OE =1N 71ON Of •ALCOHOLIC y4nowas° IN sup ZION A OF SEC ION THREE IN ORDINANCE No. 87 -16 AS AMENDED, WNI N AhE LWIFIEu IN Ch TEA SIX CF THE COUNTY'S COTE OF LAWppS AND 0401- FOR CON�L'CT ROVIDINO Sale EEP481LC11TCy� PROVIDING !ON 1NCSUTION IN THE ME N THE a FFCT VOE Cap" at the Proposed Dwel nM are an file with the Clerk to the Board bad are available I IlsePactlon All Inter 0 POrflhtl ah IlNltco It attend tad be heard. HIM- All pemmN wllh- f s, to Speak do any pgands, Be. must apls- ttear with the Coumy ed- minlstratar prior to Are. [ se d^iu. tab the Indlvldual 1pekera will Da I1. to a minutts On any item. The .tales• ties of an InNivlduel to spe0.K b!I behalf of an 0,91MmxaNm br ofnuO Is encouraged. If recog- Nnd y the ..hairman, a sso�trarsnn Me R group 01 Oraaplrttlon nay be 9Potted 10 "n, Ural to rpeak on an Item. I persons wa l'ing to heart "Real or Profile met¢teals Included In ma Yoerd 40♦ mla One K- tts must iM111 t aald mrterls, a minimum W J we s Wier to the to- apactNa publlc hearing. M OnY case. Varlets ma- terlafs lotanded to bu2 mnliderad DY M. 8nnrd shall be subri to iroYaa min'mum of u1V or days prior to the Wli c hearing. All ma• -l"I USIC in 0remeta- Hans helon t,F0 Board .111 Necome . P.I.I. sent part of tee.no M. �my peraeo who decld- y d o and wIV NOW i record a a proceed -` INS, pt' ling thereto t0ARD pOF COUNTr CORLLISE0. Go uvrY. FLORIDA OLMA COah . [NT E. 8RCNCLN tyj An n lamb oho. Pao. AsRIMlprk pr. Na. LSb14 NAPLES DAILY NEWS Published Dail, Naples_ FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sere as the aulhoritc, personalh appeared B. Lamb. who on oath says that they serve as the Assistant Corporate Sccrctar}° of the Naplcs Daily. a daily newspaper published at Naples. in Collier Count. Florida: distributed in Collier and Lee commies of Florida: that the attached cop} of the adaertising. betng a PUBLIC NOTICE III the matter of PUBLIC NOTICE was published in said nacspaper I time in the issue on April 28 °1 2007 A Ili ant further says that the said Kaples Dal IN Aar+x i,v a ncv spit PC, published at Saples, in said col Ii I count, I IOT da. and that the said netvepaper has hertofore 1,.x11 continuoush Published in said Collier Count,. I l a ds. distrih acd in Collis and I.ce erred,' of I'lorida. cash da, and has been entc"d as second class mail malts -it the Post flee in Aapt '_ in vatd (outer Count,_ I I nda for a Period of I Near ne\l prcceding the fist Publication kWHIC alladl d cop, of ad, crtiscmcnL and :diiant further Ie,s that he ha,v neither Paid nor pnnilned am pcnon, lirm or corporalion env discounI_"bate eontm fission nr "fund for the Pmpasc of securing 111` ad,ertiscmell' fur publication in the .,aid nct,spaper. ( Signature of affiant) Strorn to and subscribed before me This 22 "° day of Ma} 2007 (Signature of notan public) I-H 59- 2578327 0110 OMMMM M* moll TO 00 ANCE h t on May here en the Boardroom., 3rd BuildiM CoIll" County Government Center, Cpl Esat ;amlaMl. the Copies of the proposed ordinaries, t h Board and am available for Inspection, AIInMr- Kted aree� to attend and I0 an Is mayu anotte0 is axe. uba to.: speak an an 17A I 1 -Donald !210203 EXPIRES um INSURANCE, INC I-H 59- 2578327 0110 OMMMM M* moll TO 00 ANCE h t on May here en the Boardroom., 3rd BuildiM CoIll" County Government Center, Cpl Esat ;amlaMl. the Copies of the proposed ordinaries, t h Board and am available for Inspection, AIInMr- Kted aree� to attend and I0 an Is mayu anotte0 is axe. uba to.: speak an an 17A I 1 NAPLES DAILY NEWS Published Dail} Naples_ 1-1. 34102 Affidavit of Publication State of Florida County of Collier Before file undersigned thec scree as the aulhoritc. personall}' appeared B. Larib. AN ho on oath sa) s that the', scnc as the Assistant Corporate Secietarc of the Naples Daih. a daih ncicspaper published at Naples. in Collier County. Florida. distributed in Collier and Lee counties of Florida: that the attached copN of the adcertisiug. being a PUBLIC NOTICE in the matter of P17BLIC NOTICE v%as published in said neitspaper 1 time in the issue on April 28 "' 2007 lflnnt Inflict a, that the said N tplo� s Dash Nerca is i tee t +paper pulli hcl at ATpl m in said Celli ,Court, II ndT and I hat fit, said Tic sly aper has hereto I re rC ll C 0 1111MITI,], fill h1,'1,,,1 n mud Collier Unnnc (loci ht, dlA,Tinne I in Collier and I ce ,1 to Gem of I It tide. tech da, .rod has been entered av, second class' 11,11 matt, u the post oflico In \aplci. in said Colli r Cowit, Il nda. fi, a period of 1 ,ear mn preceding the first puhlie,iion of iha attached cope of od,orf""rnentl and anient further"", That he hop neither paid nor prop» sad an, person, firm or corporation an% d1WOUTil, rchate. munnismion or refund Jim the purpose of pccuring This ad%01- 11pernent for puhhcetion in the said nca, +paper. ( Signature of affiant) SAN om to and subscribed before me This 22"" day of May 2007 (Signature of notarc public) ='M.ea... Chanel A McDonald " MYCOMMISSION# DD210203 EXPIRES June 29, 2007 BONDED THRU TROY FAIN INSURANCE, INC FFI 59- 2578327 oin — 17A - CONSI��ORDINAN E.. thateon Mey 297/n the Boardroom. 3rd Floor, Admi9t1trat[On Bulldbrp, Cd11Por- County BoverVi lttcon er, roe, ,R4 NapE� Fl Coples'of the Proposed Ordinance are on file with the Clerk to the Board and am available estedd �t� :==.d- to . All attend and All an Is or may be allotted 10 min - S- spgak on an BOARD OFE pCBOUNTYI C OMLMLISBEKRN7EIW'U N T Y, FLORDA COLVrTA. CHAIR - MAN CIWEIM(�T`E. 11010C*, "; Ann jenri 110111• u fork Apr, ZB No. 1563474 Page 1 of 1 Teresa L. Polaski From: Sandra J. Clute Sent: Tuesday, May 22, 2007 11:45 AM To: Teresa L. Polaski Subject: NDN Attachments: Untitled.PDF Teresa, Here is a faxed copy of the affidavit for now. NDN is mail me the originals, I will forward as soon as I receive them. Sandra J. Clute Fiscal Specialist 239 - 774 -8049 sandra.cute @clerk.collier.£l.us 5/22/2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item. ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order Office Initials Date 1. appropriate- (Initial) Applic able) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. % 4. �... \\ , �yt `� 40-9 3 Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing th BCC C irman's sign a are to be delivered to the BCC office only after the BCC bas acted to approve the item. C' ' c. -a ' 9......, Name of Primary Staff �. �. C)�7 '( C Phone Number N/A (Not Contact appropriate- (Initial) Applic able) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC % Type of Document �... \\ , �yt `� 40-9 3 Number of Original Attached Vii( (_,t (. \(' �.,. Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate- (Initial) Applic able) 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, WP 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 and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be w e of your deadlines! 6. The document was approved by the BCC on .. `y (enter date) and all changes made during the meeting have been incorporated ih the attached document. The County Attorney's Office has reviewed the changes, if applicable. Fy 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: May 21, 2007 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -43 Attached, please find one (1) copy of the document referenced above (Agenda Item #17A), as approved by the Board of County Commissioners on Tuesday May 8, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure 17 17 A MEMORANDUM Date: May 21, 2007 To: Mike Hedberg Sheriff's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -43 Enclosed please find one copy of the document referenced above, Agenda Item #17A, which was approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure 17A ORDINANCE NO. 2007- 43 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 78 -56, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -16, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE WHEREAS, Subsection (1) in SECTION ONE of Ordinance No. 78 -56, that is codified as Subsection 6- 1(a)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances) defines "Alcoholic beverages "; and WHEREAS, Subsection A in SECTION THREE of Ordinance No. 87 -16, as amended, that is codified as Subsection 6- 3(c)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances), also defines "Alcoholic beverage" and WHEREAS, the Sheriffs staff is recommending that these two (2) definitions be amended to coincide with Section 562.47, Florida Statutes, to thereby provide that the stated opinion testimony is sufficient evidence to prove violations of Chapter SIX of Collier County's Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection (1) in SECTION ONE of Collier County Ordinance No. 78 -56, that is codified as Subsection 6- 1(a)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: (1) "Alcoholic beverages" and the requisite proof thereof means ail whiskey, moonshine whiskey, shine rye whisky, bourbon rum gin vodka scotch tequila brandy, or by another substantially similar name or names, which shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume; or the beverage is in a container labeled as "beer," "ale," "malt liquor," "malt beverage," "wine," or "distilled spirits" or is labeled with any other intoxicating liquor name and includes the manufacturer's insignia name, or trademark, which labeling is prima facie evidence that such is an alcoholic beverage: also any individual or individuals who by experience in his or her past by handling or use of such beverage or liquor, or who by taste smell or the drinking of such beverage or liquor has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid. SECTION TWO. Subsection A. IN SECTION THREE of Collier County Ordinance No. 87 -16, as amended, which is codified as Subsection (c)(1) in Section 6 -3 of the Code of Laws and Ordinances, is hereby amended to read as follows: A. "Alcoholic beverages" and the requisite proof thereof means any liquid whiskey, moonshine whiskey, shine rye whisky, bourbon rum pin vodka scotch tequila brandy, or by another substantially similar name or names which shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume; or the beverage is in a container labeled as "beer," "ale " "malt liquor," "malt beverage," "wine," or "distilled spirits" or is labeled with any other intoxicating liquor name and includes the manufacturer's insignia I Words Underlined are added; Words Stfuek Through are deleted. 17� name, or trademark, which labeling is prima facie evidence that such is an alcoholic beverage: also any individual or individuals who by experience in his or her past by handling or use of such beverage or liquor, or who by taste, smell or the drinking of such beverage or liquor has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid. SECTION THREE. Conflict and Severability. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and /or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION FOUR. 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 relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. Effective Date. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this 8T" day of May , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Approv4asL.t 9 fdrrn and legal sufficiency: 4�2 ES COLETTA, Chairman By: 0 L✓"" Thomas C. Palmer, Assistant County Attorney 2 Words Underlined are added; Words Strunk -Through are deleted. 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: 2007 -43 17 Which was adopted by the Board of County Commissioners on the 8th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of May, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners Teresa POil`askik,'� "; Deputy Click, ' To: 7748408 04/16/07 10:54 AM From, Ramire2lieather Page 2 of 3 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 Otter: (Display Adv, location, etc.) aaaa .+aww+wwwa +axxxma + ++a +wxxaw +x waawa........... wwawawwa+aaxaaa wxw.wwwawwxaax Originating Dept! Div: Comm.Dov.Serv.1Planning Person: Cantina Valera Da:e: 4'!C•v'7 Petition Ne. (It none, give brief description): SE- 2006 -AR -9017, Rhodes Variance Petitioner: (Name & Address): McGarvey Custom Homes, 27599 Riverview C'TR, Suite 105, Bonita Springs, FL 34134 Name & Address of any person(s) to be notifieo by Cork's Office: (If more space is needed, attach separate sheet) Terry and Charlotte Rhodes, 11230 Five Oaks Lane, Naples, FL 34120 Hearing before BCC B7_A Other Requested Hearing date:_ - -- May 8. 2007 _.__ Based on advertisement appearing 15 days before hearing. Nevvspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (include legal description & common location & Size): Petition: 5E- 2004 -AR -9017, Scrivener's error to correct approved Resolution No. 05 -353 for VA- 2005 -AR -1444, Terry and Charlotte Rhodes, to mclude Section in the legal description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida. Companion fwtition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes advertising costs: 113- 138312 - 649110 Reviewed by: Dep:utment Head List: Attachments: Daee No V Yes, what account should be charged for Approved by: County Manager J715TR1 TION IN8T,RVCTIONS A. For bearings 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 fib: 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 tile. aax +a +sawn ++awaaaaww waxx +ar +xxx.a.+w.x +xx+awanax aa.a +wa aa.aaaax+.wa +a +w + +a + + :xxx+ FOR CLERK'S OFFICE USE ONLY: Date Received: `H 0_ +Dom_] _ Date of Public hearing: _5 6 D 1 Date Advertised: `[i GLYl�1 To: 7748408 From: RamirezHeather 04/16/07 10:47 AM page 3 of 3 RESOLUTION NO. 07 A RESOLUTION OF THE BOARD OF ZONING APPEALS (IF COLLIER COUNTY, FLORIDA, ANIENDING RESOLUTION NO, 2005 -353 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY. A'HEREAS, at Octo,-er 11, 2005- the Collier Coanl. Board of Toning Appeak adopred Res,.Iutinn No. 2005 557. and WHEREAS, following aaid action adopting Resnitticnn A0 3005 ?53, it wa, determined that 1,e legal descr,'ptiun for the Subject ptopeny, as contained in the Reaciuliura was incorrect and not u, was ml,erwts- intended and made part of the puhhc hearing and mewfure consnutes a scrivener S ern•,r NOW. THLREPORE. SE 1'1 RP,SOLVE.0 BY 1'FIE BOARD OF ZONING APPEALS OF COI_LIF.:k COUNTY. I'LORIDA, that I'he regal description set 1'orlh in Resolurlon No. 2oU5 {i53 iv hereby amended to conect a ser.,erer'r; error and snail :nad as fi�lrgw', s: Section 20 "Pcwrn,hip 48 Souti. Ranee 37 Ea.,t. -ol 64, Block E, TwinEaglen Phase 1. Plat Bonk Y, Page 7H. C:ol tier Count,. Fhmua BL IT FC'RTHF.R RESOLVED trial lhi,, Rcsoij(iw rFAat: sI, [a Pc�ition Nc. SE- 2006 -AR 9016 be .-eaocku m the minutes of rho Board. THLS RPSOLU EON .ATOP TED after mnuo eecr ud, and ntajoritn sole darerirg t.tmte. Ihis_dey of . ?007. AT I FIST, DWIGHT E. BROC.IK, Clark 33 y: —_ _ _ ___ Apprt e A as It acd 1 al f Jelf ray Klan Deputy (le(k Cnm:O, ACuim) BOARD OF /ONIN6 APPSAIS CA C'OLLICR COf'NTY. FLORA JANIES C'OLL I'l A. Chas nrari FJ To: 7748408 04/16/07 10:49 AM Page 1 of 3 From: Ra.mireZHea -her COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 East Tamiami Trail • Naples, Florida 34112 DATE: Apr. 16, 2007 ATTN: 7748408 FROM: Ram re. Heat her SUBJECT: Advertising for BCC NOTE, Here is SE- 2006 -AR -9017 for BCC Advertising on May 8, 2007, Heather L.. Ramirez Planning Technician Zoning & Land Deveiopment Review Ph: (239) -213 -2530 Fax: (239)-530-6366 <file:l /)C: ` /,20Files•'4,20FIles',;20Shared .gif? IMi ay tl 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.) Originating Dept/ Div: Conm1.Dev.Serv./ Planning Person: Carolina Vale.� Date: 4" I C. �f Petition No. (If none, give brief description): SE- 2006 -AR -9017, Rhodes Variance Petitioner: (Name & Address): McGarvey Custom Homes, 27599 Riverview CTR, Suite 105, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Terry and Charlotte Rhodes, 11230 Five Oaks Lane, Naples, FL 34120 Hearing before BCC BZA Other Requested Hearing date: May 8. 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: SE- 2006 -AR -9017 Scrivener's error to correct approved Resolution No. 05 -353 for VA- 2005 -AR -7444, Terry and Charlotte Rhodes, to include Section in the legal description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes advertising costs: 113 - 138312- 649110 Reviewed by: SuygJs�nes 4'16.07 De ent Herad Date List Attachments: No If Yes, what account should be charged for Approved by: County Manager DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: RESOLUTION NO. 07-- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2WS 401 IN ORDER TO CORRECT A REFERENCED IN THE TITLE OF SAID ARESOLUDESCRIPTION TIR ON ON WHEREAS, on November 15, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005401, and; WHEREAS, following said action adopting Resolution No. 2005 -401, it was determined that the legal description referenced in the Resolution's title was incorrect and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Resolution Number 2005 -401 is hereby amended to correct a scrivener's error by amending said Resolution's title to road as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTA13LISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORKSW IN THE "RMR6" ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODS FOR PROPERTY LOCATED IN SEGRON 39, T-Q*N8l1]P- ea SOUTH RANGE 2a EAST. COLLIER COUNTY, FLORIDA BE IT RESOLVED that this Resolution relating to Petition No. 3E- 2006 -AR -9017 be recorded in the minutes of this Board THIS RESOLUTION ADOPTED after [notion, second, and majority vote favoring same, this —day of . 2007 ATTEST: DWIGHT E. BROCK, Clerk By: ,Deputy Clerk Appr ved as ru form and ci Je KI , Mm g Assis County Attorney BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman MW A Book 2929 - Page 2979 Add,a . swat mop tuanla Tak EaaroncaSenias, lac 360 TaadaatT ran Nartb ftaWcs, FI*ddt 341a3 This tatnmad hVpued: shumamiapr EsmdreThle taaaa« serdct4 Eat. 3601raadasd Tail Norm Wapiti, Flod" 34143 as a nacc ary Incident to the falfinatat of condition contained is a tin insurance comiatmeet [sand by it. Property Appraisers Parcel I.D. (Folio) Nusnbm(s): 47970160007f47670120005 Qvilace(s) S.S./f(3). File Not6010667 178 Page I of I * ** 2890152 OR: 2929 PG: 2979 ISCAtDfO to Off3C11L RCOR11 at 0011111 lim, IL IlIZIA 01 61; 01:4111 "lot 1. owl, CLRR coos 114000.01 He III 1.01 00e -.10 1113.01 Mtn: 11100 m Mill 11R0Am tla RP WARRANTY DBRD This 1Varranty, Deed Made the 11th day of l b )it _J� Lucas,,, llere'itpiltr qMPA the grantor, whose post office address is: f DD ZOE to Independent Haitian Church of God, Inc., whose pout office address is. 3709 GuiWord Road, Naples, Florida 34112, hereinafter called the Stamm W iTHELUT11: That aid praetor, for and is co sideradon of the sum of $10.00 Dolhatt and odw vahmblc etmskkradoust receipt whereof is hereby acknowledged, hereby goods, batgaim. ago, shoo, remise,, resonant, convoys and confirm unto doe granted, all that certain laud shags in Cotner County, Florida, viz: La 6, Block A, GUILFORD ACRES SUBDIVISION, m per plat thereof recorded in Plat Book 3. Paso 39, of doe Public Records of Collier County, Florida. And Lot 5 Black M GUILFORD ACRES SUBDIVISION, as per plat mereof recorded in Plat Book 3, P38C 59, of dia Public Records of Callter CottaM Florida. Tic psapm o h not d ohammmd of dta Grsmopt). TOGETHER with as the wAsmA , lmodiwaam and oppatoraina a davem bekgft or in anywise appertaining. To Have se d to Hold, dosmdo in the sita*ibreva. And die pence wshy aotemant with told Santee dam data pmtrar is lawrd0y seined of said land in rm simple: that that granwr lies toad fight and lawful solborityto sell and convey aid hod: gal the greater he* fully entrants the tin to said land and win dermd the sanaa a aiam dm lawn l coma s of all persons whonsacver: wA shat said bad It nee of all vane hbnoto:s, ettoaph tan rwWom, roarktims and an smransoftecord,ifmy. Raeaahsr viswr- cud`srawre-kereiaAWAw construed to Javw* aft yn Aw aWskidarorPhwaas the cmmxrhtdfra /sf.r In Wilson Whereof, Grams has htannio so gro tur's band and seol tiro day and 3wr first above wrive n. St[MD IN Tae RESEW SOP H6.FOLLOWIIaO WI7TlF.SSCd �yJ,j Witonsi PrintedN&M.- Bill J Patr/icJkD.Let" WiutwsSiyhmure W44-9L -- Printed Name Trish http:// www. collierappraiser .com/viewer/Image.asp ?ImagelD= 141744 4/12/2007 178 7 B RESOLUTION NO. 05- 401 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF -6" ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA- WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a church as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in a RMF -6 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Chapter 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU- 2003 -AR -3573, filed by Kelly Smith, of Davidson Engineering Inc. representing the Independent Haitian Church of Cod stating with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF -6" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: 179 7 8 Exhibit "D" which is attached hereto and incorporated by reference heroin BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this i5 `� day of A/a w z ^P-41- .2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA �LWAP"i v. • as • r n ATTEST: Marjo Mn M.StUdeat— 'viin Assistant County Attorney Attachments: A. Findings of Fact B. Legal Deacription C. Site Plan D. Proposed Conditions 173 , 7 B BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes b4— No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes o C. Affects neighboring properties in relation to noise, glare, economic or odor effects: (7 -- affect or _Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: fr MEMBER: EXHIBIT A 170 �14 FINDING OF FACT BY COLLIER COUNTY PLANNING CONUMSSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes V/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or /Affect mitigated by 6V %w/ rug. C&Jeer Ol! Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes " NO Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval MEhrr� DATE: r7� FINDING OF FACT EXHIBIT A WEI BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistenc71NI! a Land Development Code and Growth Management Plan: Yes _ B. In gress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes ' No C. Affects nei ring properties in relation to effects: No affect or _ Affect mitigated by Affect cannot be mitigated noise, glare, economic or odor D. Compatibility with adjacent properties and other property in the district: Compatible use district Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: Io -� &'- y'( MEMBER: 4_42: EXHIBIT A PVj NNW FINDING OF FACT By COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts am found: 3. Chapter 2.04.03. of the Land Development Code anthoriud the conditional use. 4. (wing the conditional use will not adversely effect the Public interest and will not adversely affect other property or uses m the same district or neighborhood because Of' A. Consistency with the Land Development Code and Growth Management Plan: yes ! No _ B. Ingress and egress to property and Proper struedues therwa with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in can of fire or catastrophe; Adequate ingress & egress yes V No _ C. Affects neighboring properties m relation to noise, glue, economic or odor effects: V ct No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No _ Based on the above findings, this conditional use should, (should not) be recommended for approval DATE: jO R M. (copy attached) EXHIBIT A 17B BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes -L—,/ No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes f/ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use district Yes_ No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: J o I G 10 s' MEMBER: L - � EXHIBIT A 170 7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes—V/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: 0 E Adequate ingress & egress Yes No I/ ' Affects neighboring properties in relation to noise, glare, economic or odor effects: t/ No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No V Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: O CHAIRMAN: FINDING OF FACT EXHIBIT A l MAM W BY COLLIER COUNTY PLANNING FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes `t No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: A 10 Adequate ingrress & egress Yesy— No _ Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or /Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within di Yes No , o e ab ve findings, this conditional use (should not) //ecommennded for approval DATE: I O , ( '- ty 3 MEMBER: &4�... should, with stipulations, (copy attached) EXHIBIT A 17 R - CU -03 -AR Guilford Acres Block A, Lots 5 and 6 EXHIBIT `B'• | �° ` ■| �#»§ ##w# � 2 ■e! aQ� � ..! | € � � | � ' � | k § m 1/U I't } 7 § § � 1 } � � \\ � � ■ .0 � P-4 P DO � � P - 17B 7E Conditions of Approval CU- 2003 -AR -3573 1, The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" WL April 16, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE- 2006 -AR -9017; Rhodes Variance Dear Legals: Please advertise the above referenced petition on Sunday, April 22, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Martha Vergara, Deputy Clerk P.O. Account # 113 - 138312- 649110 170 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, May 8, 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 Resolution. The meeting will commence at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -353 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY. Petition: 5E- 2006 -AR -9017, Scrivener's error to correct approved Resolution No. 05 -353 for VA- 2005 -AR -7444, Terry and Charlotte Rhodes, to include Section in the legal description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) minty- of Collier CLERK OF THE CIRCUIT ht E. Brock COLLIER COUNTY URT4,OI DWI g 3301 TAMIAMI TAIL EAT Clerk of Courts P.O. BOX 444044 NAPLES, FLORIDA�4101 -3 April 16, 2007 J McGarvey Custon Homes 27599 Riverview Center Suite 105 Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition SE- 2006 -AR -9017, Rhodes Variance Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROZ CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(aclerk.collierfl_us CLERK OF THE CIF Dwight E. Brock COLLIER COUNTY g 3301 TAMIAMI T� roc Clerk of Courts P.O. BOX 4b'. NAPLES, FLORIDA April 16, 2007 Terry and Charlotte Rhodes 11230 Five Oaks Lane Naples, FL 34120 Re: Notice of Public Hearing to consider Petition SE- 2006 -AR -9017, Rhodes Variance Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT EE..ABROCK,, CLERK ,�d7 re� V Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl_us 170 1 Martha S. Verciara From: ClerkPostmaster Sent: Tuesday, April 17, 2007 10:17 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT37602.txt; SE- 2006 -AR -9017 - Rhodes Variance LI ATT37602.txt (231 SE- 2006 -AR -9017 - B) Rhodes Varia... 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 Page 1 of 1 17 B Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, April 17, 2007 10:30 AM To: Martha S. Vergara Subject: RE: SE- 2006 -AR -9017 - Rhodes Variance 1611 From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Posted At: Tuesday, April 17, 2007 10:17 AM Posted To: Legals - NDN Conversation: SE- 2006 -AR -9017 - Rhodes Variance Subject: SE- 2006 -AR -9017 - Rhodes Variance Pam, I've got one more ad w /attachments. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/17/2007 NAPLES DAILY !NEWS Published Daik Naples_ Fl, '14102 Affidavit of Publication State of Florida County of Collier Before the undersigned tiros scnc as lire authorih. personalk appeared Phil Lewis, 11'ho on oath says that thcc sent as the Editor of the Naples Daily. a daih neospaper published at Naples. in Collier Counh. Florida: distributed m Collier and Lee counties of Honda. that the attached cope of (lie adN crlising. being, a PUBLIC NOTICE in the matter of PUBLIC NOTICE: rias published in said nempaper I time in the issue on. April 22ix' 2007 % hant Iurlher .sacs that the said Naples Dal IN Aety5 is a natvspaper published ul seaplcs, in stud Collier Counts. I'l (IT Ida. and that Ilie said ,,,I, pu has heretofore hoc I, cont,noousls published in said Col licr On ill I. Florida', d,p ihutcd 'w Col IicrMid Lea enunlies of Florida. eacIT dac and has been entered as second class mail matter al the Poet )Mice io Aap:os_ IT ,said Collier C1,nn1Y, Ilorida, lur It period of I cue nest proc< ding the lust 1, u1,1, ,1 ton ol't ho attached cope of ad, ,Iisemmne still :dltant hIllter secs that he has- tic it her paid nor promised am person firm or eorparahon anc discount. rebate_ corm» 1111,11 or "hind lot the purpose of socuring Ihis adacrtiscmenl for pnhI tin thud nerc. per. ( Signature of affianl) Stcorn to and subscribed before me This 2nd Dac of April 2007 �z- rLl. —c. (Signatt c of uotan IblicI Wa�Rk► a mom w am �l 0110 mwm �T �� - �LIlTiON J r MEMORANDUM Date: May 10, 2007 To: Carolina Valera, CDES Principal Planner From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -112 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17B), adopted by the Board of County Commissioners on May 8, 2007. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosure -r -y� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Pi nl on pink paper_ At.ach to original doanncnt_ Original d''oumcit, short be hand delivered to the Board Office The completed routing slip and original documents are to be for warded to the Board 011! ce on I, altrr the Nuid has taken action on the dem.) ROUTING SLIP Complete routing lines N 1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ,... s.ho /`he :..nnn•c .;_ ... d.vw n It— thr,..,.h r ....Imn ]in,, st fl rnuvh 44 emmnlete the checklist and forward to Sue Filson (line N5). Route to Addressee(s) (List in routing order Office Initials Date 1. - appropriate. (Initial) Applic able) 2. May 8, 2007 Agenda Item Number 17B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 contaet is the person who cmated/pmpared the executive summary. Primary contact information is needed in the event one of the addresses above.. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Carolina Valera, Principal Planner Phone Number 774 -8498 Contact appropriate. (Initial) Applic able) Agenda Date Item was May 8, 2007 Agenda Item Number 17B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original I Attached ADO% -11 Z Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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, �r G V 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 n / Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. 1The document was approved by the BCC on 05/08107 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 178 RESOLUTION NO. 07 1 LZ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -353 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY. WHEREAS, on October 11, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005 -353; and WHEREAS, following said action adopting Resolution No. 2005 -353, it was determined that the legal description for the subject property, as contained in the Resolution, was incorrect and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The legal description set forth in Resolution No. 2005 -353 is hereby amended to correct a scrivener's error and shall read as follows: Section 20, Township 48 South, Range 27 East, Lot 64, Block E, TwinEagles Phase I, Plat Book 30, Page 78, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition No. SE- 2006 -AR- 9016 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of 2007. ATTEST: DWIGHT? BROCK, C!erk BY Clerk Apprqved as to form and legal Off 4+iiy: Jeffrey . Klat x, Managi K Assi1,1111t County Attorney BOARD OF ZONING APPEALS OF • LLIER COUNTY, FLORIDA %� Item# I!� A�erd,a q v1 oar �acd To: 7748408 From: RamirezHearher 04/16/07 10:46 AM Page 2 of 3 e h 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 ii## ii#+ ik# i +i #kiiiiY #iiR# #iYi #4kiiit#ii #i4 iikiiiM1i# i iiiiiiiikkkkTkrwri ;kkYi#iii #kiV Originating l3eptl Dlv: Corren.Dcv.Servl Planning Person: Caroiina Valera )r' Date: Petition No. (If none, give brief description): SF- 2006 -AR -9016, Independent Church of God petitioner: (Narne & Address): independent Haitian Church of God„ INC, 3709 Guilford RD, Naples, FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) Hearing before HCC BZA Other Requested Hearing date: --MM 8 2001 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 desctiptfom & common location &. Sire): Petition 5E- 2006 -6R -9016, Scrivener's error to correct approved ordinance for CU- 2003 -AR -3573, independent Haitian Church of God, which showed incorrect Section, Township and Range on the title of the ordinance. The subject property is located at 3705 Guilford Road, in Section 13, Township So South, Range 25 E23L The legal description also includes both Lot 5 & 6, on the application, the legal description was on:y for Lot 6, with Lot 5 being the contiguous property. Companion petition(s). ii any & proposed hearing dace: Does Petition Fee include advertising cost" Yes advertising costs: 113 - 138312- 649110 Reviewed by: Department Head List Attachments Date-- -- — No If Yes, what account should be charged for Approved hy: Cnunty Manager Uetc 4fSTRLBUTION INSTRUCIM'-15 A. For hearings before BCC or BZA: Initiating person to complete one copy ad obtain Division Head approvak before submitting to County Manager, Note: If legal document Is invoked, 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 fife. to Requesting Division Original Clerk's Office B, Other hearings: Initiating Division need to approve and subrnic original to Clerk's office, retaining a copy for file. ikik* YYikiOii„ i1* i+ e#+ kiYRkikwiik*' kwif **niYk *ikkh * *#Y,i#i *i *i #kki ir 44*i rkk*i *k FOR CLERK'S OFFICE USE ONLY. �f .r I �I (gIQ -� 5Ig Date Advertised Z40 Date Received: _ r_ r Date of Public hearing: ,_�.�_ __._ - -1- To: 7748408 From: RamirezHeather 04/16/07 10:50 AM Page 3 oz 3 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION No. 2005 -401 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION REFERENCED IN 'rHE TITLE OF SAID RESOLUTION. WHEREAS. on >ioveo per i5" 2-005. fie, Collier Coumc Fotrd of Zavug Appeals ,,.!optrd Resolution Is 21i ^-; 101 and:. WHEREAS.. following wtd action adnp,ing Rcuulul wii No 2gi5 -40'., it was determmed dui. the egal desn- iption referenced n Ynr Ravluti'm c :itl, Was ina>rrec: .uul not us Wav otherwise int nded and made pint of tlk FUH L hearing and therefore cwnatimtes a vaiveoer . error. NOW. THP.REFORE, BE IT RESOLVED Bf THE BOARD (IF ZONIING APPEALS OF COLI IT-R COU141Y. FCC* If A, III it Reaalutioa NLl»bar ::005-901 :, hereby ntnendad v, cuuccl 1, urivener's error by amending said 12csolwion's tilt w read as feJvw� A RESOLII1'1OJ Of THE. VOARD OF ZONING APP ALS PROVIDING FOR THE ESTABLISHMENT OF A COND71CINAL USE FOR A CIEURCH AND OTHER PLACES OP WORKSHIP IN THE "RMF' -6" ZONING DISTRICT PURSLIANI '10 TABLE 2 OF SFCTI()N 2.14.03 O? THL- COLLIF,R COUNTY" LAND DEVELOPM£V1' CODE FOR PROP1?R'I Y LOCATED IN C4.,c.° ":9GP; -;0. -F- �--iK 444V4FK- fiAlti6E- 27- EA+.iF SECTrO)\ I: r,_.'[{?w VtiFill••. is SC11.1TH RANd�E 'S FAST, COLLI R C ,)CNTY.. FLORIDA. 13L If RESOi VHD Lhat tai; Resolution relaoui4 to Nc Sb- 2006- AR "4tW; be recorded in the mina of this Board. I HiS KESOLC11ON ADOP'iED after motion- second, +and ma'p pity cote ta.... acme. this_._.. Lily of __ _,200q ATTEST DNV1CiFIT r,. BROCK, Cleric By:._._._._ Deputy Cicrk Ap I er' is to lunn and gal t "fmi -y Ki Maua �g Ass:st County ACnrncy BOARD OF ZONING APPEALS OF COL LIER COUNTY. FLOR fDA Irv: LAMES C:OLET'rA, Chah:nao To- 7748406 04116!07 10:46 AM Page 1 of 3 From: RamirezHeather COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 East Tamiami Trail • Naples, Florida 34112 DATE, Apr 16,2007 ATTN: 7748408 FROM: RamirezHeather SUBJECT: Advertising for BCC: NOTE: Here is 5E- 2006 -AR -8016 for BCC Advertising on May 8. 2007. Heather L. Ramirez Planning Technician Zoning & Land Development Review Ph: (21.19)-213-2S30 Fax (239)- 530 -6366 e file: filC: ",o2UFlles %2GFiles %20Shared gif> 17C,Fill 17C „ 11 1 . April 16, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: 5E- 2006 -AR -9016; Independent Church of God Dear Legals: Please advertise the above referenced petition on Sunday, April 22, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Martha Vergara, Deputy Clerk P.O. Account # 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER RESOLUTION _* Notice is hereby given that on Tuesday, May 8, 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 Resolution. The meeting will commence at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -401 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION REFERENCED IN THE TITLE OF SAID RESOLUTION. Petition: 5E- 2006 -AR -9016, Scrivener's error to correct approved resolution for CU- 2003 -AR -3573, Independent Haitian Church of God, which showed incorrect Section, Township and Range on the title of the resolution. The subject property is located at 3705 Guilford Road in Section 13, Township 50 South, Range 25 East. The legal description also includes both Lot 5 & 6, on th application, the legal description was only for Lot 6, with Lot 5 being the contiguous property. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) oupty CLERK OF THE CIF COLLIER COUNTY Dwight E. Brock 3301 TAMIAMI T? Clerk of Courts P.O. BOX 4 NAPLES, FLORIDA April 16, 2007 Independent Haitian Church of God, Inc. 3709 Guilford Rd. Naples, FL 34112 17 TIT COURT 7gOUSE Clerk of Courts ?AT Accountant 1 -3044 Auditor Custodian of County Funds r' ,3 Re: Notice of Public Hearing to consider Petition SE- 2006 -AR -9016, Independent Church of God Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.c1erk.co11ierfl.us Email: collierclerk (a,clerk.collierfl_us 1 r C Al Martha S. Verqara From: ClerkPostmaster Sent: Tuesday, April 17, 2007 10:14 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT37532.txt; SE- 2006 -AR -9016 - Independent Church of God ATT37532.bct (231 SE- 2006 -AR -9016 - B) Independent... 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 Page 1 of 1 1 7 C " . Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, April 17, 2007 10:26 AM To: Martha S. Vergara Subject: RE: SE- 2006 -AR -9016 - Independent Church of God Ya, those "attachments" really come in handyW From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Posted At: Tuesday, April 17, 2007 10:14 AM Posted To: Legals - NDN Conversation: SE- 2006 -AR -9016 - Independent Church of God Subject: SE- 2006 -AR -9016 - Independent Church of God Pam, I have and ad for you w /attachments. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/17/2007 17C 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.) Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Carolina Valera Date: `} Petition No. (If none, give brief description): SE- 2006 -AR -9016, Independent Church of God Petitioner: (Name & Address): Independent Haitian Church of God„ INC, 3709 Guilford RD, Naples, FL 34112 Name & Address of any person(s) to be notified by Clark's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: May 8. 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, SE- 2006 -AR -9016, Scrivener's error to correct approved ordinance for CU- 2003 -AR -3573, Independent Haitian Church of God, which showed incorrect Section, Township and Range on the title of the ordinance. The subject property is located at 3705 Guilford Road, in Section 13, Township 50 South, Range 25 East. The legal description also includes both Lot 5 & 6, on the application, the legal description was only for Lot 6, with Lot 5 being the contiguous property. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: / Approved by: /d G- ienxs J4-16 07 Depa anent Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 1E RESOLUTION NO. 07 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -353 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHEREAS, on October 11, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005 -353; and WHEREAS, following said action adopting Resolution No. 2005 -353, it was determined that the legal description for the subject property, as contained in the Resolution, was incorrcet and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that The legal description set forth in Resolution No. 2005-353 is hereby amended to correct a scrivener's error and shall read as follows: Section 20, Township 48 South, Range 27 East, Lot 64, Block E, TwinEagles Phaw L Plat Book 30, Page 78, Collier County, Florida. BE IT FURT M RESOLVED that this Resolution relating to Petition No. SE- 2006 -AR- 9016 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _ day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk By: Ap ved as to and 1 Jeffrey V. Klan Deputy Clerk County Attorney BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA By: JAMES COLMA, Chairman 1�` NAPLES DAILY NEWS Published Daih Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sen c as the anthems. personally appeared Phil Le%cis_ mho on oatli says that thec scn e as the Editor of the Naples Dail - a daily thempaper published at Naples. in Collier Counts. Florida. distributed in Collier and Lee counties of Fiorida; that lire attached cop} of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE_ «as published in said newspaper I time in the issue on. April 22 "`t 2007 Afliant further s,ns that the said Naples Daily Nmvs is a newspaper published at Naples. in paid Col llcr Count%, I haida andt hat doe said nee +',paper has hca tohac been cuntimwu. +l% published in said C'oltier Count, Florida'. ch,tnhuted in Collier and Ise counties of Ilorida. each day and has hecn entered as second close mail matter at the post otIke in Naples.m said Collier County, Florida_ fat a period of I }'car nest preeding the hrvt publication A the attached copy or ads ,n,cmcnr. and afTiarn liirthei sacs that he has ueidw, paid nor promised am person. firm or corporation anc discamt. rebate, commission or refund for the purpose of ,securing this adcarti,cli'Ou t0r pu ca n in the said new per �/i l t ( Signature of affianp Sworn to and subscribed before tie This 22nd !),IN of April 2007 (Slgna�(c of nolan 10 4:11:111F how w e Dmm., w wv P see % zwV NOTTIICE�OF INTENT TO CONSIDER RESOLUTION A RESOLUTION OF THE BOARD OF ZONINGAP- PEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 3005 -101 IN ORppER TO CORRECT A SCRIVEN- ER'S ERROR IN THE LE -. DERON FERfiNCED IINPTHE TITLE OF SAID RESOLUTION. OF COUNTY .RN COUNTY,' OLETTA, CHAIR - T E. BROCK, Irtha. Vergara, 170 l7C MEMORANDUM Date: May 10, 2007 To: Carolina Valera, CDES Principal Planner From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -113 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17C), adopted by the Board of County Commissioners on May 8, 2007. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosure 9 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 f ncinal documents should be hand delirercd to the Ilomil O!lice_ The completed rooting slip and original documents are to be forwarded to the Board 011ice only after the Board has taken acl Ion un the denll ROUTING SLIP Complete routing lines 41 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 si ature draw a line thou routing lines #I throw #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date Contact appropriate. (Initial) Applic able) 2. May 8, 2007 Agenda Item Number 17C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Carolina Valera, Principal Planner Phone Number 774 -8498 Contact appropriate. (Initial) Applic able) Agenda Date Item was May 8, 2007 Agenda Item Number 17C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original I Attached 200 1-1/ j Documents Attached INSTRUCTIONS & CHECKLIST 1, Fortes/ County Fortes/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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, G 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 A V !Z, Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ^ ^ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05/08/07 and all changes made during /�r -V the meeting have been incorporated in the attached document. The County Attorney's ♦5 Office has reviewed the changes, if applicable. 1, Fortes/ County Fortes/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17C �1 RESOLUTION NO. 07 -113 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -401 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION REFERENCED IN THE TITLE OF SAID RESOLUTION. WHEREAS, on November 15, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005 -401, and; WHEREAS, following said action adopting Resolution No. 2005 -401, it was determined that the legal description referenced in the Resolution's title was incorrect and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Resolution Number 2005 -401 is hereby amended to correct a scrivener's error by amending said Resolution's title to read as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORKSHIP IN THE "RMF -6" ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SErON30, TnWNSHIP 49 SOUT-11 RANGE 27 EAST SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BE IT RESOLVED that this Resolution relating to Petition No. SE- 2006 -AR -9017 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this ?9 day of fYl,� — 2007. a ATTEST: DWIGHT E. BROCK, Clerk �iAS# ES �0 Gfig(re�ttA., D puty Clerk Signature on]� Appr ved as to form and I&al sufficieiLVA County Attorney BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA By: 4:56 -- AMES COLETTA, fhairman Item# 11 Q, Agenda D1 Gae9 Date Recd 01 COLLIER COUNTY FLORIDA 17 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Originating Dept/ Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: 4/12/2007 Petition No. (If none, give brief description): AVPLAT- 2007 -AR -11255 Petitioner: (Name & Address): Toll Brothers, Inc. 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FI 34143 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Barry E. Syren, PSM, Johnson Engineering, 2350 Stanford Court, Naples, Florida 34112 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing) May 08, 2007 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: See Resolution Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 131- 138327- Reviewed by: Thomas E. Kuck /,j Ova a Division Administrator or Designee Date List Attachments: Exeoutive Suurtlt�taty -Copy Resolution -ft. 2, 6M R 10,036 with exhibits - Copy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx�xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx FOR CLERK'S OFFICE USE O LY Date Received: Date of Public hearing: rJ % Date Advertised: % (4240q a- `{ 29/o-7 17D ' RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2007 -AR- 11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT `A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Toll Brothers, Inc., has requested vacation of a portion of a lake maintenance easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of 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 portion of a lake maintenance 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Jeff E. as to form and legal C N County Attorney By: JAMES COLETTA , CHAIRMAN 17 T1 POINT OF COMMENCEMENT TRACT "L -1" N.E. CORNER (LAKE, L.M.E. & D.E.) OF LOT 39 - - - -- ----------- -- - - -- — —---------------------------- ----- -- -- - "E S00'25'02 "E N89'34'58 19.35' ° w 55.00' 55.00' S89'34'58 "W N00'25'02 "W POINT OF 0.65' BEGINNING 500'25'02 "E 0.65 0 15' 30' SCALE IN FEET :39 38 37 40 at NAPLEN Li 43, PAGES 67 -71 PLAT BOOK CL 0 N AVIANO DRIVE (TRACT "R" - R /W, D.E., A.E., I.E., P.U.E., & C.U.E.) N DESCRIPTION: A PORTION OF LOT 39 OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS E FOLLOWS: N n COMMENCE AT THE NORTHEAST CORNER OF LOT 39 OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, o SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND RUN o SOUTH 00'25'02" EAST ALONG THE EAST LINE OF SAID LOT 39, A DISTANCE OF 19.35 FEET TO THE POINT o OF BEGINNING; THENCE CONTINUE SOUTH 00'25'02" EAST ALONG THE EAST LINE OF SAID LOT 39, A DISTANCE OF 0.65 FEET; THENCE SOUTH 89'34'58" WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 39, A DISTANCE OF 55.00 FEET; THENCE NORTH 00'25'02" WEST ALONG THE WEST LINE OF SAID LOT 39, E A DISTANCE OF 0.65 FEET; THENCE NORTH 89'34'58" EAST PARALLEL WITH THE NORTH LINE OF SAID LOT i 39, A DISTANCE OF 55.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 35.75 SQUARE FEET OR 0.0008 ACRES, MORE OR LESS. 0 i LEGEND: STTRVEYOR'S CERTIFICATION: n For the exclusive use of: R/W = RIGHT —OF —WAY o O.R. = OFFICIAL RECORDS NOTES: C �_ U.E. = UTILITY EASEMENT D.E. = DRAINAGE EASEMENT 1. THIS S NOT A SURVEY. Barry .. yen (Fo the Firm LB#642) I.E. = IRRIGATION EASEMENT 2. BEARINGS ARE BASED ON THE Professional Land Surveyor L.B.E. = LANDSCAPE BUFFER EASEMENT SOUTH LINE OF SECTION 18 AS Florida Certificate No. 5365 c L.M.E. = LAKE MAINTENANCE EASEMENT BEING S.8934'20 "W. Date Signed: N A.E. = ACCESS EASEMENT 3. SUBJECT TO EASEMENTS, Not valid witho. tl signature and the original 0o P.U.E. = PUBLIC UTILITY EASEMENT RESERVATIONS AND RESTRICTIONS raised seal of a Florida Licensed Surveyor and vi C.U.E. = COUNTY UTILITY EASEMENT OF RECORD. Mapper. • 2350 STANFORD COURT SKETCH AND DESCRIPTION NAPLES, FLORIDA 34112 PHONE (239) 434 -0333 ENGINEERINGE.B. `X #(642 & B. #642 a ^� PROJECT Na. FILE Na. s A� SHEET 2/2007 20055459 18 -49 -26 1" = 30 1 OF 1 17D AF i CL a w oN rJ as UQ j2 m~ Q O .O .Z MQ s> �a 0 zm om aH op 6J 9 Z O Q U O J Print Map AR -11255 Page 1 of 1 MAP LEG S7recw Names Parcaes °—? Sxtaw,saxes _WJ Ames 20001 [6 rx Ae a l s 2G05 (2 FE 0 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most amurate and upAo -date information, no warranties expressed or 2 1 4/12/2007 Details Page 1 of 1 17n i Property Record I Aerial Sketches Current Ownership Folio No. 227 0 00 51 984 Property Address 12772 AVIANO DR Fnurnn RI. AS2AK_ RICHARD =& KATHRYN D Legal FAVIANO AT NAPLES LOT 38 No. Strep No. I8 117 173750384878 Sub No. 173750 AVIANO AT NAPLES Millage Area Millaoe Use Code SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 45,540.00 Date Book - Page Amount ( +) Improved Value $ 0.00 1 1112006 4145. -.959 $ 601,800.00 ( =) Market Value $ 45,540.00 1 11 12005 3932-3800 $ 2,312,000.00 ( -) SOH Exempt Value ( =) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Value ( =) Taxable Value $ 45,540.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051984 4/12/2007 Details W- Page 1 of 1 Property Record 1, Aerial Sketches Current Ownership Folio No. 227 0 00 51 9 68 Property Address 12776 AVIANO DR Owner Name MAYHEW, GARY =B DARLENE Addresses BARBARA COHEN 3 SLEEPY HOLLOW City LAKE GROVE I State I NY Zip 11755 - 0000 Legaill AVIANO AT NAPLES LOT 37 Section Township Range Acres Map No. Strap No. 18 49 26 F 0.17 J1 41316 J1 173750 374818 Sub No. 173750 AVIANO AT NAPLES Millaoe.Area Mill Use Code SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 45,540.00 Date Book - Page Amount ( +) Improved Value $ 0.00 L 03l 2007 420.0. -.2355 11 $ 524,600.00 (_) Market Value $ 45,540.00 02/2006 3988-2593 $ 2,889,900.00 SOH Exempt Value ( =) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Value E 0.00 (_) Taxable Value $ 45,540.00 SOH = "Save Our Homes" exempt value due to rap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051968 4/12/2007 Details Page I of 1 - -_ ___ __..__ Property Record Aerial Sketches Current Ownership Folio NOIF2-27-00-05-19-4-2----Il Property Address 112780 AVIANO DR Owner NamI MAYOTTE, BRIAN F =& JENNIFER M Addresses 112780 AVIANO DR '. City NAPLES State FL Zip l 34105 -0000 Legatl AVIANO AT NAPLES LOT 36 Section Township Range Acres Map No. Strap No. 18 49 26 0.17 4818 J1 173750 364618 Sub No. 173750 AVIANO AT NAPLES Millage Area Mllage '� t)se Codes 1� SINGLE FAMILY RESIDENTIAL 104 J1 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $4 Date Book - Page Amount ( +) Improved Value $ 0.00 F1012006 4164-665 $ 660,400.00 ( =) Market Value $ 45,540.00 F11 /2005 39$2 - 3800 $ 2,312,000.00 ( -) SOH Exempt Value (_) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 45,540.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051942 4/12/2007 Details Page 1 of 1 1711 Property Record Ir Aerial Sketches - w a Current Ownership Folio No. 22700051900 Property Address 12788 AVIANO DR Owner Name WRENN JR, LEWIS M Addresses 780 5TH AVE S #207 ci NAPLES State FL ZIpJJ 34102.0000 Legal AVIANO AT NAPLES LOT 34 Section Township Range Acres Map No. Strap No. 18 49 26 0.17 41318 173750 344618 Sub No. 173750 AVIANO AT NAPLES Millage_Area J1 I MiII age i 1�aQ C9de F-1 SINGLE FAMILY RESIDENTIAL 104 J1 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 45,540.00 Date Book -Page Amount ( +) Improved Value $ 0.00 L 01 1 2007 11 4175 - 361 $ 470,200.00 (_) Market Value $ 45,540.00 02l 2006 3988 -.2593 $ 2,889,900.00 j ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Value ( =) Taxable Value 11 $ 45,540.00 SOH ='Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetaii. asp ?Map= &FolioID= 0000022700051900 4/12/2007 Details Page 1 of 1 r x s R f t' i Property Record I Aerial Sketches I $L� Current Ownership Folio No. 22700051706 Property Address 12783 AVIANO DR Legal I AVIANO AT NAPLES LOT 24 Sub No. 173750 AVIANO AT NAPLES MillaaeAreia In Millaae Use Code SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 44,117.00 Date Book - Page Amount ( +) Improved Value $ 0.00 Ot 1 2007 4173-4075 $ 594,400.00 ( =) Market Value $ 44,117.00 021 2006 3988-2593 $ 2,889,900.00 ( -) SOH Exempt Value ( =) Assessed Value $ 44,117.00 ( -) Homestead and other Exempt Value ( =) Taxable Value $ 44,117.00 SOH = "Save Our Homes" exempt value due to cap on assessment Increases. The Information is Updated Weekly. http:// www. col lierappraiser.com/RecordDetaii. asp ?Map= &FolioID= 0000022700051706 4/12/2007 Details Page 1 of 1 Wifi�Yl� � � pay I _.:,._ .._ .. I Property Record h Aerial Sketches a Current Ownership V Folio No. 22700051683 Property Address 12779 AVIANO DR Owner Name PICKETT, CHARLES H =& DEVRA M Addresses BROCK 0 =& KATHRYN FANNING 407 FERN ST City FREDRICKSBURG State VA Zip 22408 •0000 Legal AVIANO AT NAPLES LOT 23 Section Township Range 11 Acres J1 Map No. Strap No. 18 49 26 J1 0.16 4818 173750 234818 Sub No. 173750 AVIANO AT NAPLES "F Millage_Area M'llaae use I SINGLE FAMILY RESIDENTIAL F 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $44,117.00 Date Book - Page Amount ( +) Improved Value $ 0.00 0212007 4181. -.103 $ 417,400.00 ( =) Market Value $ 44,117.00 0612005 3863 - 953 $ 1,793,800.00 ( -) SOH Exempt Value ( =) Assessed Value $ 44,117.00 ( -) Homestead and other Exempt Value (_) Taxable Value $ 44,117.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. col lierappraiser.comIRecordDetail. asp ?Map= &FolioID= 0000022700051683 4/12/2007 Details Page 1 of 1 17 Property Record E Aerial Sketches Current Ownership Folio NoJF2_270_00_51_66_7____JJ Property Address 12775 AVIANO DR Owner Name YORK, DONALD J =& SALLY A F-Addressesh 456 GLEN MEADOW LN CI NAPLES State I FL Zip 34105 -0000 Legal AVIANO AT NAPLES LOT 22 Section Township Range 11 Acres Map No. Strap No. 18 49 26 0.16 4818 173750 224818 Sub No. 173750 AVIANO AT NAPLES Millage Area MiljWee Use Cod SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 447117.00 Date Book - Page Amount ( +) Improved Value $ 0.00 01 1 2007 4175-528 $ 571,200.00 ( =) Market Value $ 44,117.00 021 2006 3988-2593 $ 2,889,900.00 ( -) SOH Exempt Value $ 0.00 (_) Assessed Value $44,117.00 H Homestead and other Exempt Value ( =) Taxable Value 11 $ 44,117.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051667 4/12/2007 Details Page 1 of 1 1 7 D Property Record Aerial Sketches Current Ownership Folio No. 22700051841 Property Address 12771 AVIANO DR Owner Namel BOISSELLE, CHAD E Addresses JOHANNA M BOISSELLE 12771 AVIANO DR Cityl FL ZipJ1 34105 -4932 Legal AVIANO AT NAPLES LOT 21 Section Township Range Acres Map No. Strap No. 18 49 26 0.16 4818 173750 214818 Sub No. 173750 AVIANO AT NAPLES M ll_age Area J I Millaoe Use Code SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 44,117.00 Date Book - Page r Amount ( +) Improved Value $ o.00 121 2006 4159 - 33.02 $ 401,500.00 ( =) Market Value $ 44,117.00 OBI 2005 3863.953 $ 1,793,800.00 ( -) SOH Exempt Value (_) Assessed Value $ 44,117.00 ( -) Homestead and other Exempt Value (_) Taxable Value $ 44,117.00 SOH ='Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051641 4/12/2007 Details Page 1 of 1 1711 Property Record Ii Aerial Sketches Current Ownership Folio No. 22700051625 I Property Address 12767 AVIANO DR Owner Name MURRAY, GREGORY M =& DEBRA B Addresses 12767 AVIANO DR clry NAPLES State I FL Zip 34105 -4932 Legalil AVIANO AT NAPLES LOT 20 Section Township Range Acres Map No. Strap No. r 18 49 26 0.16 11 — 41318 173750 204818 Sub No. 173750 AVIANO AT NAPLES '" Millaae Area I Millaae �i Use Code SINGLE FAMILY RESIDENTIAL 104 Ji 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 88,715.00 Date Book - Page Amount ( +) Improved Value $ 0.00 121 2006 4150-2846 $ 623,000.00 (_) Market Value $ 88,715.00 11/2005 3932-3000 $ 2,312,000.00 ( -) SOH Exempt Value ( =) Assessed Value $ 88,715.00 (•) Homestead and other Exempt Value ( =) Taxable Value 11 $ 88,715.00 i SOH = "Save Our Homes' exempt value due to rap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051625 4/12/2007 Details Page 1 of 1 17DI Property Record Aerial Sketches Current Ownership Folio No. 22700051609 Property Address 12763 AVIANO DR Owner Name MINKER TR, MATTHEW C Addresses �AVIANO LOT 19 HOMESTEAD TRUST UTD 1/15107 12763 AVIANO DR City NAPLES State FL Zip 34105 -0000 Legal AVIANO AT NAPLES LOT 19 Section Township Range 11 Acres 11 Map No. Strap No. 18 49 26 0.16 4B18 1737501941318 Sub No. 173750 AVIANO AT NAPLES IF 'f, M llageAm I Millaae Use Code 00 VACANT RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 44,598.00 Date Book -Page Amount .; ( +) Improved Value $ 0.00 1 L 0212007 — "--- 4179 - 952 $ 595,800.00 (_) Market Value $44,598.00 0812006 4092 - 610 $ 2,252,200.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value 1 $ 44,598.00 ( -) Homestead and other Exempt Value ( =) Taxable Value 11 $ 44,598.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail. asp ?Map= &FolioID= 0000022700051609 4/12/2007 Details Page 1 of 1 7 7 Property Record Aerial Sketches a Current Ownership Folio No. 22700051586 Property Address 12759 AVIANO DR Owner Name FINEBERG, AMY Addresses 285 GRANDE WAY #701 CityR NAPLES State I FL 11 Zip 34110 -0000 [e9jaill AVIANO AT NAPLES LOT 18 Section Township Range Acres Map No. Strap No. 18 49 26 1 0.17 11 4818 J1 173750184818 Sub No. 173750 AVIANO AT NAPLES Millaae Area I mmage Use Cod e F-O VACANT RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 47,566.00 Date Book - Page Amount ( +) Improved Value $ 0.00 0312007 4198. -.3707 $ 683,500.00 (_) Market Value $ 47,566.00 OBI 2006 4992_. -.610 $ 2,252,200.00 } ( -) SOH Exempt Value $ 0.00 (_) Assessed Value $ 47,566.00 ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 47,566.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051586 4/12/2007 Details Property Record Aerial Sketches Current Ownership Folio No. 22700052022 Property Address 12764 AVIANO DR Page 1 of 1 17 Legal FAVIANO AT NAPLES LOT 40 Section Township Range Acres Map No. Strap No. 18 49 26 0.17 4618 173750 404B18 Sub No. 173750 AVIANO AT NAPLES "'` l4ri Rage _Area I Millaaee ^� Use Code IJ SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 45,540.00 Date Book - Page Amount ( +) Improved Value $ 0.00 02/2007 1 4179 - 1501 1 $ 752,800.00 (_) Market Value $ 45,540.00 11 1 2005 1 3932-3800 11 — $ 2,312,000.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 45,540.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700052022 4/12/2007 Details Page 1 of 1 IM Property Record Aerial Sketches a Current Ownership Folio No. 22700051926 Property Address 12784 AVIANO DR Owner Name TOLL LIVINGSTON AT NAPLES LP Addresses 250 GIBRALTAR RD Cityl HORSHAM 11 1 PA ZIpJJ 19044 - 2323 Legal AVIANO AT NAPLES LOT 35 Section Township Range Acres Map No. Strap No. r— 18 49 26 0.17 4618 I 1737503541318 Sub No. —7� 1 AVIANO AT NAPLES Millage Area I Millaae �i use code 11 1 SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value 1 $ 45,540.00 Date Book - Page Amount ( +) Improved Value ( =) Market Value $ 0.00 $ 45,540.00 02/2006 3988 - 2593 $ 2,889,900.00 (•) SOH Exempt Value $ 0.00 (_) Assessed Value $ 45,540.00 ( -) Homestead and other Exempt Valuell $ 0.00 ( =) Taxable Value 11 $ 45,540.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051926 4/12/2007 Details Page 1 of 1 17D S. Property Record F Aerial 1i Sketches Current Ownership I Folio No. 227 0-070-51-7-2-2— 0051722 Property Address 12787 AVIANO DR Legal AVIANO AT NAPLES LOT 25 Section Township Range Acres =F7777Wap No. Strap No. 18 49 26 r 0.16 F 4818 11 173750 254818 Sub No. 173750 11 AVIANO AT NAPLES a0 Millage Area -0 Millage J Use Code F SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 44,117.00 Date Book -Page Amount ( +) Improved Value —$-00-0-1 OS / 2005 3863. -.953 $ 1,793,800.00 ( =) Market Value $ 44,117.00 ( -) SOH Exempt Value $ 0.00 1 =1 Assessed Value $ 44,117.00 SOH = "Save Our Homes" exempt value due to cap on The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700051722 4/12/2007 Details Page 1 of I l7r Property Record Aerial Sketches Current Ownership Follo No. 2 270 0 0 51 560 Property Address 12755 AVIANO DR Owner Name TOLL LIVINGSTON AT NAPLES LP Addresses 250 GIBRALTAR RD City HORSHAM State I PA Zip 19044 - 2323 Legal AVIANO AT NAPLES LOT 17 Section Township Range Acres Map No. Strap No. 18 49 26 J1 0.18 J1 4B18 173750174818 Sub No. 173750 AVIANO AT NAPLES Millatte Area I Wlis e -T Use Code I SINGLE FAMILY RESIDENTIAL 104 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 50,935.00 Date Book - Page Amount ( +) Improved Value ( =) Market Value $ 0.00 $ 50,935.00 02 / 2006 396$. -. 2593 $ 2,889,900.00 (•) SOH Exempt Value $ 0.00 ( =) Assessed Value $ 50,935.00 ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 50,935.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FoliolD= 0000022700051560 4/12/2007 Details Property Record E Aerial Sketches Current Ownership Follo No. 22700052048 Property Addres5JI 12760 AVIANO DR AT Sub No. IJ 173750 II AVIANO AT NAPLES '� Use Code 0 VACANT RESIDENTIAL 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value 11 $ 49,680.0 $ 0.00 due to cap on assessment increases. 104 Latest Sales History Page 1 of 1 2323 11.9374 Date Book - Page Amount 1212006 4149 -.1902 $1,674,200.00 The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700052048 4/12/2007 Details 17 _. __. Property Record Aerial Sketches I2 Current Ownership Folio No. 22700052080 Property Address J 12746 AVIANO DR Owner Name TOLL LIVINGSTON AT NAPLES LP PA Legal AVIANO AT NAPLES LOT 43 Sub No. I 173750 AVIANO AT NAPLES Use Code �� I VACANT RESIDENTIAL 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll 104 Latest Sales History Page I of 1 11.9374 Land Value $ 90,914.00 Date Book -Page Amount ( +) Improved Value $ 0.00 1212006 1 4149-1902 1 $ 1,674,200.00 ( -) Homestead and other Exempt Value 11 $ 0 (_) Taxable Value $ 90,914 SOH ='Save Our Homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000022700052080 4/12/2007 Details Page 1 of 1 ®.if Property Record I Aerial Sketches a Current Ownership I Folio No. 22700052064 Property Address 12754 AVIANO DR Owner Name TOLL LIVINGSTON AT NAPLES LP Addresses 250 GIBRALTAR RD City HORSHAM State PA Zip 190" -2323 Legal AVIANO AT NAPLES LOT 42 Section Township Range Acres Map No. J1 Strap No. 16 49 26 0.19 4818 J1 173750 424818 Sub No. 173750 J AVIANO AT NAPLES ` Mill_age Area U Millage Use Code VACANT RESIDENTIAL 104 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 49,680.00 Date Book - Page Amount ( +) Improved Value ( =) Market Value $ 0.00 $ 49,680.00 1212006 4.149.•..1902 $ 1,674,200.00 ( -) SOH Exempt Value ( =) Assessed Value $ 49,680.OD ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 49,680.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail. asp ?Map= &FolioID= 0000022700052064 4/12/2007 ?3 April 17, 2007 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT- 2007 -AR -11255 Dear Legals: Please advertise the above referenced notice on Sunday, April 22, 2007 and again on Sunday, April 29, 2007. Kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 131-138327-649100 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 8, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2007 -AR- 11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT `A'. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator rp for to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts April 18, 2007 Caunty of CLERK OF THt CIF COLLIER COUNTY Ck 3301 TAMIAMI T P.O. BOX 40 NAPLES, FLORIDA Matthew C. Minker, TR. 12763 Aviano Dr. Naples, FL 34105 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: �UIT COURT JRT OUSE EAST Clerk of Courts [L IL Accountant } 101 -3644 Auditor Custodian of County Funds 7 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, De ty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(dclerk.collierfl_us t - iy -of Collier CLERK OF THE CIRCUIT Dwight E. Brock COLLIER COUNTY URTifOl. DWl g 3301 TAMIAMI TRAIL EAT Clerk of Courts P.O. BOX 411044 NAPLES, FLORIDA'31101 -30q April 18, 2007 Amy Fineberg 285 Grande Way #701 Naples, FL 34110 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 170 COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROyCK,, CLERK aftt�ep Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (a,clerk.collier.fl_us CLERK OF THE CIF Dwight E. Brock COLLIER COUNTY C, g 3301 TAMIAMI TR Clerk of Courts P.O. BOX 41 NAPLES, FLORIDA April 18, 2007 Inger Teilmann Knub B. Gotterup TR. 55 Ocean Ave #26 Monmouth Beach, NJ 07750 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: COURT XI I.Tu3n EAtT Clerk of Courts Accountant 4 101 -3044 Auditor Custodian of County Funds r Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHIT E. iBROCK, CLERK Martha Vergara, Deputy k Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl_us Email: collierclerkna elerk.collierfl_us unty of CLERK OF THE CIRCUT Dwight E. Brock COLLIER COUNTY gURThi g 3301 TAMIAMI TRAIL EA Clerk of Courts P.O. BOX 41,044 NAPLES, FLORIDA'34101 -3 April 18, 2007 Inger Teilmann Knub B. Gotterup TR. 55 Ocean Ave #26 Monmouth Beach, NJ 07750 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17D COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl_us Email: collierclerkn aa,clerk.collierfl_us CLERK OF THE CiRC Dwight E. Brock COLLIER COUNTY UI g 3301 TA: II, Tr Clerk of Courts P.O. BOX 41`a04< NAPLES, FLORIDA 341 April 18, 2007 Johnson Engineering Barry E. Syren, PSM 2350 Stanford Court Naples, Florida 34112 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17D `�" �° Clerk of Courts iA1T Accountant 1 -3044 Auditor Custodian of County Funds _r Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, D6futy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.cierk.collier.fl_us Email: collierclerk Caclerk.collier.fl_us CLERK OF THE CIRCL Dwight E. Brock COLLIER COUNTY UIZ g 3301 T"MIAMI TAIL ] Clerk of Courts P.O. BOX 4b1044 NAPLES, FLORIDA'3910 April 18, 2007 Toll Brothers, Inc. 28341 S. Tamiami Trail Suite 4 Bonita Springs, Florida 34143 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: ier 17 ' 3 [IT COURT K OUSE Clerk of Courts sA�T Accountant [-Yd 4 Auditor I Custodian of County Funds + Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk.collier.fl_us CLERK OF THE CIF Dwight E. Brock COLLIER COUNTY g 3301 TAMIAMI T� ht Clerk of Courts P.O. BOX 4V NAPLES, FLORIDA April 18, 2007 Richard & Kathryn D. Blaszak 20975 Claythorne Rd. Shaker Heights, Ohio 44122 -1965 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: A,her 17D 10 ,UIT COURT JRTlkOUSE Clerk of Courts :L EAST 34 Accountant 1101-3644 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, De ty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl.us Email: collierclerk @clerk.collier.fl_us Dwight E. Brock Clerk of Courts April 17, 2007 CFa�n -© _( CLERK OF THt OF COLLIER COUNTY 3301 TAMIAMI T P.O. BOX 4 h; NAPLES, FLORIDA Richard & Kathryn D. Blaszak 20975 Claythome Rd. Shaker Heights, Ohio 34112 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17D ;UIT COURT TRTq�y,0USE L EAl T Clerk of Courts 4 Accountant 101 -3044 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO'C /K, CLERK Martha Vergara, De ty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl_us Email: collierclerkCa clerk.collieufl_us CLERK OF THE CIRCU DWIDwight E. Brock COLLIER COUNTY bOURT g 3301 TAMIAMI TiAIL E Clerk of Courts P.O. BOX 41 +044 NAPLES, FLORIDA'34101 Y April 18, 2007 Gary & Darlene Mayhew Barbara Cohen 3 Sleepy Hollow Lake Grove, NY 11755 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: COURT SE Clerk of Courts Accountant l Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, De uty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkna clerk.collier.fl_us Dwight E. Brock Clerk of Courts April 18, 2007 COl�nt3'-of -( CLERK OF Mt CIF COLLIER COUNTY 3301 TAMIAMI T P.O. BOX 4b NAPLES, FLORIDA Brian & Jennifer Mayotte 12780 Aviano Dr. Naples, FL 34105 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 1D low CUIT COURT URT40USE Clerk of Courts 'IL EAST A 4 Accountant )4 14101 -3d44 Auditor s Custodian of County Funds Y Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR,OCCK, CLERK 11 �- v' Martha Vergara, Del�puty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(a), clerk.collierfl.us iunty- of CLERK OF THE CIF COLLIER COUNTY Dwight E. Brock 3301 TAMIAMI T� Clerk of Courts P.O. BOX 4r NAPLES, FLORIDA April 18, 2007 Toll Livingston at Naples, LP 250 Gibraltar Rd. Horsham, PA 19044 -2323 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: :UIT COURT MT OUSE Clerk of Courts L EA%T Accountant 14 4101 -304 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO,CK,, CLERK V Martha Vergara, Deputy Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl_us Email: collierclerk(i�clerk.coflierfl_us Dwight E. Brock Clerk of Courts April 18, 2007 County of Collier Ito CLERK OF THFJ CIRCUIT COURT COLLIER COUNTY ZRV$OUSE Clerk of Courts 3301 TAIVIAMI T IL EAT Accountant P.O. BOX 41�1044 NAPLES, FLORIDA 3.4101 -3044 Auditor Custodian of County Funds Lewis M. Wrenn, Jr. 780 5th Ave S. # 207 Naples, FL 34102 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR/OCCK, CLERK Martha Vergara, eputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (a.clerk.collier.fl.us CLERK OF THE Cjf Dwight E. Brock COLLIER COUNTY g 3301 TAMIAMI TR roc Clerk of Courts P.O. BOX 4r NAPLES, FLORIDA April 18, 2007 Douglas L. Prisco, MD, FCCP Marianne Prisco Leslie & David Wollin 57 Oxford Blvd. Great Neck, NY 11023 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17D COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, De ty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfl _ us Email: colliercierk (aclerk.collier.fl_us n 0-wit 7 _ CLERK OF THE CIP COLLIER COUNTY Dwight E. Brock 3301 TAMIAMI T� Clerk of Courts P.O. BOX 4pi NAPLES, FLORIDA April 18, 2007 Charles & Devra M. Pickett Kathryn & O Brock 407 Fern St. Fredricksburg, VA 22408 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17J It 'UIT COURT RTIOUSE Clerk of Courts EAST Accountant 4 Auditor 101 -3(544 Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO,CK,, CLERK v Martha Vergara, De ty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierelerk(a clerk.collierfl.us CLERK OF Dwight E. Brock Clerk of Courts April 18, 2007 Donald & SallyYork 456 Glen Meadow Ln. Naples, FL 34105 '-Collier 170 ! COLLIER COUNTY G 3301 TAMIAMI Tl P.O. BOX 41,. NAPLES, FLORIDA Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk6i clerk.collienfl_us )upiy -of Collier CLERK OF THE CIP DWlDwight E. Brock COLLIER COUNTY i; 3301 TAMIAMI TR Clerk of Courts P.O. BOX 41.; NAPLES, FLORIDA April 18, 2007 Chad E. Boisselle Johanna M. Boisselle 12771 Aviano Dr. Naples, FL 34105 -4932 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: 17 T} k COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierfLus Email: collierclerkna clerk.collier.fl_us CLERK OF THE C1_1 Dwight E. Brock COLLIER COUNTY C g 3301 TAMIAMI TF Clerk of Courts P.O. BOX 4V.. NAPLES, FLORIDA April 18, 2007 Gregory & Debra Murray 12767 Aviano Dr. Naples, FL 34105 -4932 Re: Petition AVPLAT- 2007 -AR -11255 Dear Petitioner: iffier i 'UIT COURT IRT4TUSE Clerk of Courts L EAST 4 Accountant 101 -3044 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007 and again on Sunday, April 29, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deput§061erk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk( clerk.collierfl_us Page 1 of I 170 Martha S. Vergara From: HigginsStephen [Stephen Higgins @colliergov.net] Sent: Wednesday, April 18, 2007 10:22 AM To: Martha S. Vergara Subject: FW: AVPLAT- 2007 -AR -11255 Sorry! From: Mendicino_C Sent: Tuesday, April 17, 2007 2:27 PM To: HigginsStephen Subject: RE: AVPLAT- 2007 -AR -11255 131 - 138327 - 649100 From: HigginsStephen Sent: Tuesday, April 17, 2007 12:49 PM To: Mendicino_C Cc: 'Martha S. Vergara' Subject: FW: AVPLAT- 2007 -AR -11255 Carol, Please copy me on your reply so I will know how to respond in the future Thanks From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Tuesday, April 17, 2007 12:03 PM To: HigginsStephen Subject: AVPLAT- 2007 -AR -11255 Stephen, I need the cost number to run this ad. All that is on the ad sheet the only numbers on the ad sheet are: 131- 138327 -_ _ _ _ _ _ Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/18/2007 Martha S. Vergara From: ClerkPostmaster Sent: Wednesday, April 18, 2007 10:29 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT62434.txt AVPLAT- 2007 -AR -11255 ATT62434.b(t(231 AVPLAT- 2007 -AR -1 B) 1255 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 Page 1 of 1 Martha S. Vergara From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Wednesday, April 18, 2007 11:16 AM To: Martha S. Vergara Subject: RE: AVPLAT- 2007 -AR -11255 OK From: Martha S. Vergara [mailto:Martha.Vergara @clerk.collier.fl.us] Posted At: Wednesday, April 18, 2007 10:28 AM Posted To: Legals - NDN Conversation: AVPLAT - 2007 -AR -11255 Subject: AVPLAT - 2007 -AR -11255 Pam Here is another one for you. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/18/2007 Page 1 of 1 l-7 Martha S. Vergara From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Wednesday, April 18, 2007 11:14 AM To: Martha S. Vergara Subject: RE: AVPLAT- 2007 -AR -11255 OK From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Posted At: Wednesday, April 18, 2007 10:38 AM Posted To: Legals - NDN Conversation: AVPLAT - 2007 -AR -11255 Subject: AVPLAT- 2007 -AR -11255 Pam I just sent the attachment for this ad and the letter to legal's I have the wrong date on it ... here is the revised one ... Sorry Martha Vergara BMR - Deputy Clerk 239 - 732 -2646 x 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Insteadd, contact this office by telephone or in writing. 4/18/2007 MyList Public Notices Ordinances and Petitions - AVPLAT- 2007 -AR -11255 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 8, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2007AR- 11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT `A'. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Apr 22, 29 No. 1556871 Start Date: 04/22/2007 Stop Date: 04/29/2007 Page 1 of 1 l ?D http: / /marketplace. naplesnews.com /mach2 /napladrover /MyList. action ?PageSize = 1000 &K... 4/23/2007 n. EXECUTIVE SUMMARY Recommendation to approve Petition AVPLAT- 2006 -AR- 11255, Lot 39, Aviano at Naples, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit "A ". OBJECTIVE: To adopt a resolution to vacate a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit "A ". CONSIDERATIONS: Petition AVPLAT- 2007 -AR- 11255, Lot 39, Aviano at Naples, has been received by the Engineering Services Department from Barry E. Syren, PSM of Johnson Engineering, Inc., as agent for the petitioner, Toll Brothers, Inc. Letters of no objection have been received from applicable divisions /entities FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: Adopt the Resolution for Petition AVPLAT- 2007 -AR- 11255, to vacate a portion of a lake maintenance easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit "A ". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering Services Department 17D RESOLUTION NO. 07-114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2007 -AR- 11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT `A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Toll Brothers, Inc., has requested vacation of a portion of a lake maintenance easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit'A'; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law: and WHEREAS, the granting of 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 portion of a lake maintenance 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 _g_ day of , 2007. DATE:S /9roT .. ATTEST: DW IG',HT E. FLOC C; CLERK f.,t,n:. as t0 Cki A t 6t4ird oal:gb Approved as to form and legal suffici�e K By: Jeff E. ri ht Assista olli County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 01 MONE 0 % z ., 17D 14 9 .-P N N -v 0 N . J� POINT OF COMMENCEMENT TRACT "L -1" N.E. CORNER (LAKE, L.M.E. & D.E.) OF LOT 39 - -- - - '02 "E N89'34'58 "E , S00'25 19.35' w 55.00' 55.00' FNOO-25'O2"W S89'34'58 "W POINT OF 0.65 BEGINNING S00'25'02 "E 0.65' °® SCALE IN FEET 39 38 37 40 AVIANO 4A NAIPLEN w TL A T BOOK 43, PAGES 67 -71 a 0 N AVIANO DRIVE (TRACT "R" - R /W, D.E., A.E., I.E., P.U.E., & C.U.E.) N DESCRIPTION: A PORTION OF LOT 39 OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS E N FOLLOWS: M COMMENCE AT THE NORTHEAST CORNER OF LOT 39 OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, o SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND RUN SOUTH 00'25'02" EAST ALONG THE EAST LINE OF SAID LOT 39, A DISTANCE OF 19.35 FEET TO THE POINT o OF BEGINNING; THENCE CONTINUE SOUTH 00'25'02" EAST ALONG THE EAST LINE OF SAID LOT 39, A DISTANCE OF 0.65 FEET; THENCE SOUTH 89'34'58" WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 39, A DISTANCE OF 55.00 FEET; THENCE NORTH 00'25'02° WEST ALONG THE WEST LINE OF SAID LOT 39, E A DISTANCE OF 0.65 FEET; THENCE NORTH 89'34'58" EAST PARALLEL WITH THE NORTH LINE OF SAID LOT z 39, A DISTANCE OF 55.00 FEET TO THE SAID POINT OF BEGINNING. c CONTAINING 35.75 SQUARE FEET OR 0.0008 ACRES, MORE OR LESS. 0 s w LEGEND: SURVEYOR'S CERTIFICATION: For the exclusive use of R/W = RIGHT —OF —WAY o O.R. = OFFICIAL RECORDS NOTES: J U.E. = UTILITY EASEMENT — - - - -- 1. THIS IS NOT A SURVEY. Barr kE en Fo the Firm LB 42 D.E. = DRAINAGE EASEMENT 4 ) z 2. BEARINGS ARE BASED ON THE Professions Land Surveyor 1. E. = IRRIGATION EASEMENT >'O i L.B.E. = LANDSCAPE BUFFER EASEMENT SOUTH LINE OF SECTION 18 AS Florida Certificate No. 5365 'n a L.M.E. = LAKE MAINTENANCE EASEMENT BEING S.8934'20 "W. ZuS j Date Signed: '( A.E. = ACCESS EASEMENT 3. SUBJECT TO EASEMENTS, Not valid withou th signature and the original °o P.U.E. = PUBLIC UTILITY EASEMENT RESERVATIONS AND RESTRICTIONS raised seal of a Florida Licensed Surveyor and C.U.E. = COUNTY UTILITY EASEMENT OF RECORD. Mapper. rn 235 STANFORD COURT I • � SKETCH AND DESCRIPTION off NAPLES, FLORIDA ORI 4112 PHONE (239) 434 -0333 EN G I N E E R I N G EFBx#642 ) &4LB.9#642 GATE PROJECT Na. FILE SCALE SHEET 2/2007 20055459 18 -49 -26 1" = 30' 1 OF 1 9 .-P N N -v 0 N . J� NAPLES DAILY NEWS Published Dark Naples. H- '4102 Affidavit of Publication State of Florida County of Collier Bcfore the undersigned OwN stn -c as the authorih. personallc appeared Phil Lcveis. tcho on oath saNs thal thee sense as the Editor of the Naples Daitc. a dark newspaper published al Naples. in Collicr Counly. Florida: distributed in Collicr and Lee counties of Florida_ that the anache i cop\ of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE vcas published in said ncNispaper 2 times in the issue on. April 22nd . 29 "' 2007 VClient Iurthcr r%, that the sad Nall,, Dash News iv a nc,,yalor pa HIS hcd atN allies. in,ai d Col tier Cotun, P lot ida, and that th, ,lid n .t paper has h r iototc h cc n continuous!, puhII,hcd in nd Collicr Counlc. I lot da: dmiibuted in Collier and l.c, ,uuntia,a ohPlorida. each day end has be,n ent,rrd es' a,,ond etas mail matter at the post )nice iu Nallca, in said Collier Comly. Ilorida. lot a period of I tear neS9 preceding the IirA publication ort he attached cope ol, ad, nLrement, and if ianl 1t6rt , ,v, the I he ha, neither paid nor promi,ed ant persoq tirnt or corpo;ati)o uno discount. rebate_ COtnnll,51011 or refund Gtr the pulpoec ohsecuring till, adterti,mna.I Ihr publication nt the am te,a,paper_ �o n _1-17 NOTE: All persons wish' ing to speak'on'any te't. Wltlt c Cbu�My.7td. at` r0 ; itern to be 170 17E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Melissa Zone Date: ,3/aa/Q7 Petition No. (If none, give brief description): SV- 2006 -AR -10351 Un' f Naples Church Petitioner: (Name & Address): Unity of Naples Church, Debra Carter Williams, Sr. Minister, 2000 Unity Way, Naples, FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: May 8 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: SV- 2006 -AR- 10351, Unity of Naples Church, represented by Debra Williams, Sr. Minister of Unity of Naples Church, is requesting a sign variance for code enforcement violations of an off premise sign that is not located on the property. The subject property is located at 7100 Davis Boulevard, in Section 8, Township 50S, Range 26E, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes costs: 113- 138312 - 649110 Reviewed by: Departtn List Attachments: No If Yes, what account should be charged for advertising Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: �I Date Received: �� Date of Public hearing: b /a.^ Date Advertised: OTAU RESOLUTIONNO. 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIE! COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR- 10351, GRANTING TWO VARIANCES FROM SECTION 5.06.04.C.15 OF THE LAND DEVELOPMENT CODE, CONCERNING AN OFF - PREMISES DIRECTIONAL SIGN FOR THE UNITY OF NAPLES CHURCH, LOCATED AT 7100 DAVIS BLVD., SECTION 8, TOWNSHIP 50S, RANGE 26E, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary, for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 0441, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Petitioner is requesting three variances with respect to an off- pranises directional sign. They are: (1) relief from LDC §5.06.04.C.15.8, which states that off - premises directional signs are only permitted in non - residentially zoned or agricultural districts; (2) relief from LDC §5.06.04.C.I S.b.i, which requires each off - premises directional sign to be no more than twelve (12) square feet in area; and (3) rehef from LDC §5.06.04.C. 15.b.v, which requires an off - premises directional sign to be within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use; and WHEREAS, the Board of Zoning Appeals has held a public heating with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerting all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves the first and third variance requests set forth in Petition SV- 2006 -AR- 10351, filed by Debra Carter Williams, Senior Minister of the Unity of Naples Church, concerning the subject property described in Exhibit "A," in Section 8, Township SOS, Range ME, Collier County, Florida. Accordingly, a variance is hereby approved for an off - premises directional sign in the Estate (E) Zoning Page 1 of 2 District, which sign may be located as net forth in Exhibit `B;' which is more than 1,000 feet from the intersection of the arterial roadway serving the building, structure, or use. Petitioner's second variance request is denied. Accordingly, the off - premises directional sign approved herein may not be more than twelve (12) square feet in area BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR -10351 be recorded in the minutes of this Board Ibis Resolution adapted after motion, second and majority vote, this day of 2007. ATTEST: DWIGHT E. BROCR, Clerk By: , Deputy Clerk Apprpved as to fonn and ci TeffteyKib w Managing Ass' County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 of 2 I 7 ,. 17 " April 3, 2007 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV- 2006 -AR- 10351, Unity of Naples Church Dear Legals: Please advertise the above referenced petition on Sunday, April 22, 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 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 8, 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: SV- 2006 -AR- 10351, Unity of Naples Church, represented by Debra Williams, Sr. Minister of Unity of Naples Church, is requesting a sign variance for code enforcement violations of an off premise sign that is not located on the property. The subject property is located at 7100 Davis Boulevard, in Section 8, Township 505, Range 26E, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) 2 ] ` Cauntq -of C411ier PE CLERK OF THE CIRCUIT COURT COLLIER COUNTY URTq.OUSE Dwight E. Brock 3301 TAMIAMI TAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 4h1044 Accountant NAPLES, FLORIDA31101 -30 }4 Auditor March 28, 2007 Custodian of County Funds Unity of Naples Church Debra Carter Williams, Sr. Minister 2000 Unity Way Naples, FL 34112 Re: SV- 2006 -AR- 10351, Unity of Naples Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 8, 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 22, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 72 a-.do (� c eresa Polaski, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (a)clerk.collier.fl_us 17 E Teresa L. Polaski To: legals @naplesnews.com Subject: SV- 2006 -AR -10351 Attachments: SV- 2006- AR- 10351.doc; SV- 2006- AR- 10351.doc Legals, Please advertise the following on Sunday, April 22, 2007. Any questions, please contact me. Thank you SV- 2006 -AR- 10351. SV- 2006 -AR- 10351. doc (27 KB) dot (27 KB) Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa . Polaski @clerk.collier.fl.us) Teresa L. Polaski From: ClerkPostmaster Sent: Tuesday, April 03, 2007 3:26 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT2498233.txt; SV- 2006 -AR -10351 D ATT2498233.txt (231 B) Ll SV- 2006 -AR -10351 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 SV- 2006 -AR -10351 Teresa L. Polaski From: Perrell, Pam [paperrell @naplesnews.com] Sent: Tuesday, April 03, 2007 3:56 PM To: Teresa L. Polaski Subject: RE: SV- 2006 -AR -10351 OK From: Teresa L. Polaski [mailto: Teresa .Polaski @clerk.collier.fl.us] Posted At: Tuesday, April 03, 2007 3:26 PM Posted To: Legals Conversation: SV- 2006 -AR -10351 Subject: SV- 2006 -AR -10351 Legals, Please advertise the following on Sunday, April 22, 2007. Any questions, please contact me. Thank you <<SV- 2006- AR- 10351.doc>> <<SV- 2006- AR- 10351.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Polaski @clerk.col I ier.fl.us) Page 1 of 1 17 E. 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 Daik Naples. FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned theN scrcc as the authoritN' . personalk appeared Phil Lewis. oho on oath saNs that tlicc sec as the Editor oft fie Naples Dailc. a daily newspaper published at Naples. in Collier Count). Florida- distributed In Colhcr unit Lee Collude; of Flottda, that the attachcii cop, of the advertising. being a PUBLIC-N_OTICE in the matter of PUBLIC NOTICE. was published in said newspaper I time in the issue on_ April 22nd 2007 ,%I'fiatit further sacs Ihal the said Naples UalIN Seas is it netvxpaper Published at Naples, in said Collis Countc tlotida. and that the said tic irspaper has heretofore hcen conhralou Q, publiAhad in and Collis Countc. I lorid-a: diItI iKned in Ctlhcuutd Let counties ofI lorida. each da, and has been entered as Aacond class mail nmtler at the post ,rtice in Saples. in stud C'olliar QnmK. Ilorida, rot a period o I Ncat nest preceding the first publication oftlie attached cope of adcertivenrnt'. and arfiant further says I 1 he has neither paid nor promised am' parson. Ilan or corporation am discount. rahate. cn1m ,,Il nm or relund Ibr the purpose of scnuing Ihi sIdc eniscmcnt IJr publ .. -n the saaldd netts per. ♦ / 1 ( Signature ofaftia SxNorn to and subscribed before tie This 22nd Dart of April 2007 `r +IOhal Pit V0 kPm� m.. ewY�e k* 14 21W lu F% MEMORANDUM Date: May 10, 2007 To: Melissa Zone, Principal Planner Zoning and Land Development From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -115 Enclosed, please find a copy of the document referenced above, (Agenda Item #17E), which was adopted by the Board of County Commissioners on Tuesday, May 8, 2007. if you should have any questions, please contact me at 732 -2426 x 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP) j E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 1 __________ _______ _ c_e Imes u t ftjmLah as ramnlete the checklist and forward to Sue Filson (line 45). exception m me w...... ani „ ". ",�, �.��.. � ............. ....._.... Route to Addressee(s) Limit in routing order) . ... __.,. _.__ _. , Offiee Initials Date Contact appropriate. (Initial) O 2. 5/8/07 Agenda Item Number 17 E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the ncm. Name of Primary Staff Melissa Zone Phone Number 213 -2958 Contact appropriate. (Initial) Applicable) Agenda Date Item was 5/8/07 Agenda Item Number 17 E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original Attached 2-o07— 115 Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WAS Original 9.03.04. Revised 1.26.05, Revis 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporalled,in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WAS Original 9.03.04. Revised 1.26.05, Revis 2.24.05 RESOLUTION NO. 07- 115 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR- 10351, GRANTING THREE VARIANCES FROM SECTION 5.06.04.C.15 OF THE LAND DEVELOPMENT CODE, CONCERNING AN OFF - PREMISES DIRECTIONAL SIGN FOR THE UNITY OF NAPLES CHURCH, LOCATED AT 7100 DAVIS BLVD., SECTION 8, TOWNSHIP 50S, RANGE 26E, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Petitioner is requesting three variances with respect to an off - premises directional sign. They are: (1) relief from LDC §5.06.04.C.15.a, which states that off - premises directional signs are only permitted in non - residentially zoned or agricultural districts; (2) relief from LDC §5.06.04.C.15.b.i, which requires each off - premises directional sign to be no more than twelve (12) square feet in area; and (3) relief from LDC §5.06.04.C.15.b.v, which requires an off - premises directional sign to be within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves all three variance requests set forth in Petition SV- 2006 -AR- 10351, filed by Debra Carter Williams, Senior Minister of the Unity of Naples Church, concerning the subject property described in Exhibit "A," in Section 8, Township 50S, Range 26E, Collier County, Florida. Accordingly, a variance is hereby approved for the requested eighteen (18) square foot off - premises directional sign in the Estate (E) Zoning Page 1 of 2 District, which sign may be located as set forth in Exhibit •B," which is more than 1,000 feet from the intersection of the arterial roadway serving the building, structure, or use. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR -10351 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of 2007. ATTEST,,-," ` DWIGHT E. BROCK, Clerk ir7 ,,Id rum • p y Clerk 0 M as to form County Attorney Page 2 of 2 Item tt � 1 �i 6'1 1 ?E allwfr ow The East 1/2 at the West 112 of the NMhwest 114 of the Northeast 1/4 of Section % Township 50 South, Range 26 But less the North seventy-five (75) feet for road right-of-way, Collier bounty, plorida. n \wry \,eacrcat .lap \91 - 253 \JYCeel,n \O11W2\ yCq �C`'��` ' f. r SKETCH OF SURVEY Q W 3 l 2 J Z �I 7 ?g]p ,z. Failing Waters w a p IS' 3p' 95' 6p' LEGEND f.G.u. 1 F.UMG cM CRETE uRMD.1HT (P.G u. Foul fIR. FOUND 5 /B' IPAR NM IMMBSbP LBUJ � (M) O � J DATE: 825106 x MELISSA ZONE q a I> A Lu MAINTENANCE EASEMENT h X co y I N U W W W O 0 Q _ z CO ~ A/C ET ET 7 ?g]p ,z. Failing Waters w a p IS' 3p' 95' 6p' LEGEND f.G.u. 1 F.UMG cM CRETE uRMD.1HT (P.G u. Foul fIR. FOUND 5 /B' IPAR NM IMMBSbP LBUJ 2 Q J K ti PROPOSED SIGN EASEMENT: p PARCEL LYING IN THE NORTHWEST A OF THE NORTHEAST % G4 SEGTGN A. M. SA, 50 5VU fN. RANGE 2fi EAS i, COLLIER CWN tt, FLORIDA. MORE PARTIGU IANLY OESCNIOEU AS FBROws: BpXMCNOCINPGA AT TA HE NOROF iM ET PUtl1OC NEOCBPDSL Bi COLLIER REPEAL CUUN" MbGI. A,D THENCE UT DORN N OP TH *0 IN WEST FOR 25.W FEET TO THE SCUM RIGHT OF WAY LINE Of DAMS BWLEVaRD. THENCE NDRM B9'2G'O2" WFSL TS]. D0 FEET ALONG THE SAID SOUTH RIGHT OF µAY LINE i0 THE ISI, I OF BEGINNING OF A B FOOT WIDE EAYMENT LYIHG 9 FEET EACH 510E C£ ME FOLLOWING DFSCW ED LINE: TO EN GE SVOTH GO'39'92 W FOP 30.00 FFEi. NOTES. 1> BEARINGS SHOWN HEREON REFER TO THE CENTER LINE BP DAVIS BOULEVARD, AS BEING N. 69'20'02' W. 2J THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3J DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4J IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED. g,I THIS CHURCH FF DAVIS BOULEVARD 10 UNITY IS SURVH EXISTING CONDITION AT THE ENTRANCE SV-200 0 (M) MEASURED DATE: 825106 x MELISSA ZONE q .I MAINTENANCE EASEMENT L, LIT IT I, THAI NAGE EASEMENT E TJEIED TG' I al E. CHUTY CASEIIENt CO ~ A/C AI11- CONDIF-' 2 L DMV�tl D4, PLS PN PARKER DATE OF SURVEY, APRIL 03, 2006 UTILITY Fp UIt NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SURVEYOR AND MAPPER. BUSINESS BUST CUT m UTILITY SPECIAL PURPOSE p PT UT OF CVINAIVRE OF VU ,,It t OI l cuL r t. R a s U P'M vUTS�FTIMTTwLLr 1 6A dw X" PRE LABEL o CENTERHnE F Y Sl P 51 u� ® PONWER WPP wINID PqF AB I.NLL BOX A SER TREK 94N EOP LOGE IF PAVEMENT GV GAIF VALVE M o.G MANHOLE IM OF COMMENCENE.1 P.V.C. PVINI OF IT GNxIN6 PAA _ ,I SIGV 5 OOJ9'IT ® y \ J0. 1 � l ENTRANCE Right aF TU SCHOOL Way to church & CHURCH property .orpsco as 11 12A3' 2 Q J K ti PROPOSED SIGN EASEMENT: p PARCEL LYING IN THE NORTHWEST A OF THE NORTHEAST % G4 SEGTGN A. M. SA, 50 5VU fN. RANGE 2fi EAS i, COLLIER CWN tt, FLORIDA. MORE PARTIGU IANLY OESCNIOEU AS FBROws: BpXMCNOCINPGA AT TA HE NOROF iM ET PUtl1OC NEOCBPDSL Bi COLLIER REPEAL CUUN" MbGI. A,D THENCE UT DORN N OP TH *0 IN WEST FOR 25.W FEET TO THE SCUM RIGHT OF WAY LINE Of DAMS BWLEVaRD. THENCE NDRM B9'2G'O2" WFSL TS]. D0 FEET ALONG THE SAID SOUTH RIGHT OF µAY LINE i0 THE ISI, I OF BEGINNING OF A B FOOT WIDE EAYMENT LYIHG 9 FEET EACH 510E C£ ME FOLLOWING DFSCW ED LINE: TO EN GE SVOTH GO'39'92 W FOP 30.00 FFEi. NOTES. 1> BEARINGS SHOWN HEREON REFER TO THE CENTER LINE BP DAVIS BOULEVARD, AS BEING N. 69'20'02' W. 2J THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3J DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4J IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED. g,I THIS CHURCH FF DAVIS BOULEVARD 10 UNITY IS SURVH EXISTING CONDITION AT THE ENTRANCE 17E SV-200 0 v PROJECT cT #2 N20060 fi0d0020 DATE: 825106 x MELISSA ZONE q L, LIT O 3p E TJEIED TG' I al CO ~ ��/ � DMV�tl D4, PLS CertlFlmie Nunber 4520 DATE OF SURVEY, APRIL 03, 2006 UTILITY Fp UIt NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SURVEYOR AND MAPPER. / SEAL OF A FLORIDA LICENSED UNITY CHURCH SPECIAL PURPOSE SURVEY " m N JBm. ➢ppe.B. & "'H ss l Gx EAiN X�v-1d ybL __JT_Ta 1NY U P'M vUTS�FTIMTTwLLr 1 6A dw X" X9102 (299LY61 - 5965 _ _ � I ]s9i 17E cYci 1� oc - ° Z to O O • 7 G^ Q 1 Y G 7 O N � f rD ro G' CD CD s W ro b ro w 0 � o ,o 0 G C nom' a � ro o, O ,e: r O G n K 0 0 ro 0 w c.. v, W w co G T 0 w, ro a. a a G n `C n n a' O `C O O \ / \ / / e ( - } ƒ \ / ) \ / 3 \ \ § I m \ \ 3' 17/ i 4y!! {( \ƒ / \ \} ®tK« � \ \( {()} « °{ \ \�\ {\ � T! \ |t lip | � COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X❑ Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: I wii � t §° Originating Dept/ Div: Public Utilities Person: Peter Lund Date: 4/16/07 Petition No. (If none, give brief description): Petitioner. (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Tom Wides, Operations Support Director, Public Utilities, 239 - 732 -2553 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 5/8/07 Newspaper(s) to be used: (Complete only if important): X❑ Naples Daily News ❑ Other ❑ Legally Required Proposed West: (Include legal description & common location & size: Adopt a Resolution amending the Water Restriction Surcharge, in Schedule One of Appendix A, of the Collier County Ordinance No. 2006 -27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Companion petition(s), if any & proposed hearing date: Does Petition 1'ee include advertising cost? ❑ Yes X❑ No If Yes, what account should be charged for advertising costs: R ' °wed bv: c - ion tinistratoro Designee Date List Art", t 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 Clerk's Office ❑ 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 ON V: Date Received: 07 Date of Public hearing: _ ���_ Date Advertised: FW: Request for legal advertising Patricia L. Morgan From: brock_m [MaryBrock @colliergov.net] Sent: Friday, April 20, 2007 8:27 AM To: Minutes and Records Cc: LundPeter Subject: FW: Request for legal advertising Attachments: Legal Ad Water Restriction Surcharge.doc Thank you! From: LundPeter Sent: Friday, April 20, 2007 8:25 AM To: brock_m Subject: Request for legal advertising Mary -Jo, Page 1 of 1 17F �. As discussed - our cost center is 210111 if that needs to be added anywhere ?? Also there is a possibility that Tom Palmer may have signed the version I sent over for information - just in case it has been duplicated - I do not want to cause you complications!! <<Legal Ad Water Restriction Surcharge.doc>> Thank you Peter Lund Public Utilities Division Operations Analyst Tel: 239 - 732 -2556 Cell: 239 - 877 -8304 email: LundPeter @Colliergov.net 4/20/2007 — - - -,r - -., Page 1 of 1 17F Martha S. Vergara From: LundPeter [PeterLund @colliergov.net] Sent: Friday, April 20, 2007 2:06 PM To: Martha S. Vergara Subject: RE: Ad for Water Restriction Surcharge Still learning!!!! Fund is 408, Cost Center 210111, Advertising 649100 - so I am guessing that you need - 408 - 210111 - 649100? Is that correct? Thank you Peter Lund Public Utilities Division Operations Analyst Tel: 239 - 732 -2556 Cell: 239 - 877 -8304 email: Lund Peter(a) Coll iergov.net From: Martha S. Vergara [mailto:Martha.Vergara @clerk.collier.fl.us] Sent: Friday, April 20, 2007 2:01 PM To: LundPeter Subject: Ad for Water Restriction Surcharge Peter, I know that you sent Trish the cost number for advertising but it's missing a few numbers XXX- XXXXXX- 210111 will be the number but I need to have the first two sets as well.. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e-mail addresses are public records. Ifyou 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. 4/20/2007 17F RESOLUTION NO. 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE WATER RESTRICTION SURCHARGE IN SCHEDULE ONE OF APPENDIX A OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, AS AMENDED, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001 -73, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, on June 6, 2006 the Board of County Commissioners adopted Ordinance No. 2006 -27, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which incorporated a revised Schedule A that increased some of the rates, fees and charges as specified therein; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non - residential property owner system users within the boundaries of the Collier County Water -Sewer District; and WHEREAS, staff has recommended amending the water restriction surcharge applicable to residential and commercial customers as specified in the attached amended Schedule One to Appendix A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, accepts staff's recommendation and hereby amends the water restriction surcharge forth in the attached amended Schedule One to Appendix A of Ordinance No. 2006 -27, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amended water restriction surcharge will commence on the first billing cycle of the month following the imposition of certain temporary water use restrictions, and this surcharge will cease on the first billing cycle of the month following revocation or lifting of these temporary water use restrictions. This Resolution is adopted after motion, second and majority vote favoring adoption this day of May 2007. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA al Deputy Clerk Approved as to form and legal sufficiency: By: — Thomas C. Pa mer, Assistant County Attorney 10 Jim Coletta, Chairman 17F PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT -WIDE WATER and WASTEWATER RATES Page lof 2 Water, Wastewater, Fire Meter Rates and Water Surcharees I. Water: Effective Effective Block Oct. 1, 2006 Oct 1, 2007 (a) Service Availability Charge for Individually Metered Residential, Non - Residential and Irrigation: Block 2 2.88 Effective Effective 3.84 Effective Effective Size Oct. 1, 2006 Oct. 1, 2007 Size Oct 1, 2006 Oct. 1, 2007 5/8" inch meter $14.00 per month $16.03 per month 3" inch meter $ 170.94 per month $ 195.72 per month 3/4" inch meter 14.00 per month 16.03 per month 4" inch meter 282.98 per month 324.00 per month 1" inch meter 30.90 per month 35.38 per month 6" inch meter 563.08 per month 644.70 per month 1 -1/4" inch meter 39.12 per month 44.79 per month 8" inch meter 899.20 per month 1,029.53 per month 1 -1/2" inch meter 58.91 per month 67.45 per month 10" inch meter 1,627.44 per mouth 1,863.33 per month 2" inch meter 92.47 per month 105.88 per month 12" inch meter 2,198.07 per month 2,516.69 per month (b) Volume Charge Per 1,000 Gallons: (i) Individually Metered Residential, Non - Residential and Multi- Family Residential: (c) Block Rate Structure Consumption Blocks in Gallons - Up To Or Next Meter Size Effective Effective Block Oct. 1, 2006 Oct 1, 2007 Block 1 $1.92 $2.20 Block 2 2.88 3.30 Block 3.84 4.40 Block 4 4.80 5.50 Block 5 5.76 6.59 Block 6 7.68 8.79 Consumption Blocks in Gallons - Up To Or Next Meter Size Block( Block Block Block Blocks Block 18" and 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 49500,000 Over 4,500,000 10" 700,000 1,4509000 2,900,000 4,3009000 7,0005000 Over 7,000,000 12" 1,075,000 2,1509000 4,300,000 654509000 11,0009000 Over 11,000,000 2. Wastewater: (a) Wastewater Service Availablity Charge for Individually Metered Residential, Non - Residential, and Multi - Family: (b) Volume Charge per 1,000 gallons: (i) All Metered Usage (ii) Individually Metered Residential Maximum: Effective Effective Oct.l, 2006 Oct.l, 2007 $3.13 $3.44 The maximum volumetric charge for individually metered residential property shall be 15,000 gallons per month. Schedule t Appendix A for Resolution 2007 May.xls 4/20/2007 1:42 PM Effective Effective Effective Effective Size Oct 1, 2006 Oct. 1, 2007 Size Oct 1, 2006 Oct. 1, 2007 518 inch meter $22.26 per month $24.49 per month 3 inch meter $287.24 per month $315.96 per month 3/4 inch meter 22.26 per month 24.49 per month 4 inch meter 476.32 per month 523.93 per month 1 inch meter 50.61 per month 55.67 per month 6 inch meter 949.23 per month 1,044.12 per month 1 -1/4 inch meter 64.90 per month 71.38 per month 8 inch meter 1,516.92 per month 1,668.55 per month 1 -1/2 inch meter 97.93 per month 107.72 per month 10 inch meter 2,719.65 per month 2,991.50 per month 2 inch meter 154.75 per month 170.22 per month 12 inch meter 4,030.95 per month 4,433.89 per month (b) Volume Charge per 1,000 gallons: (i) All Metered Usage (ii) Individually Metered Residential Maximum: Effective Effective Oct.l, 2006 Oct.l, 2007 $3.13 $3.44 The maximum volumetric charge for individually metered residential property shall be 15,000 gallons per month. Schedule t Appendix A for Resolution 2007 May.xls 4/20/2007 1:42 PM 17 IT: ' PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A— FEES, RATES AND CHARGES SCHEDULE I —DISTRICT-WIDE WATER and WASTEWATER RATES Paee 2 of 2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii)Fire Service meter connnections that have consumption registerd for three consectutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availabiltty and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons 4. Water Restriction Surcharge Percent Reduction Flow Charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2 - Severe Less Than 30% 15% Phase 3 - Extreme Less Than 40% County Determination Phase 4 - Critical Less Than 60% County Determination * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. The surcharge will be applicable to the volume charge for all non- residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the field service availability charge. This revised water restriction surcharge will start on the first billing cycle of the mouth following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Schedule 1 Appendix A for Resolution 2007 May.xls 4120/2007 1:42 PM 17 April 23, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Resolution Restriction Surcharge Dear Legals: Please advertise the above referenced notice on Friday, April 27, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account: 408-210111-649100 9 C ' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 8, 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: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE WATER RESTRICTION SURCHARGE IN SCHEDULE ONE OF APPENDIX A OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, AS AMENDED, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17F 11 Martha S. Vergara From: ClerkPostmaster Sent: Monday, April 23, 2007 2:26 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT124301.txt ATT124301.txt Untitled Attachment (231B) 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 Page 1 of 1 17F 'I Martha S. Vergara From: Ferrell, Pam [paperrell @naplesnews.com] Sent: Monday, April 23, 2007 2:44 PM To: Martha S. Vergara Subject: RE: NO From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Posted At: Monday, April 23, 2007 2:26 PM Posted To: Legals - NDN Conversation: Subject: Pam, Here is an ad for you ... Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou 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. 4/23/2007 NAPLES DAILY NEWS Published Daih Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned the', sen'c as the authorit-c- personall- appeared Phil Letiis. Nitro on oath sa s that thcc sane as the Editor of the Naples Dailc. it dad -N newspaper published at Naples. in Collier Counlc. Florida: distributed III Collicr and Lcc counties of Florida: Ibal the attached cop', of the adNertising_beinga PUBLIC NOTICE Ili the matter of PUBLIC NOTICE iras published in said newspaper 1 lime in the issue on. April 27"' 2007 \ iant tunhcr sacs that the 'uid Napless Ually NCica is a uew,gmper publi,h,d at Saples, in said Col lis C'ouniv_ 1'lorida_ end that the raid newspaper has lie,clotisc been cmrtinuoosh published in said Collier' Count,, Florida. distributed in C'ullieI and l,ee counties or Ilorida. each day and has he I entered as second lass mail nutter at the post Miiee in Naples.... z:ud Collier Count,. Florida, lo, a period or I veal ..cat pi ... ding the h,,t publication ol copy of adcati scmcnl. and aniam tmther a:na that he has neither paid nor promised ;mc person. tmn or corporation auc disunmt. rchate. am tveion nt rfund lin'thc Pwp so of .,...mng thiv udccniticmcm fix tbli rt t t in tl auid nc p tp r Sigml tare ore lieu) Sii'OI "n Io and subscribed before me this 27" Day of April 2007 ✓ (Slgnalu of nou7 1 ) . .:.... 111101111111, 6WA NANCE NOTE- 1 Ing to agenda ter with to on any Item. The sefec. Uon of an InCilual to speakk on behalf of an prgarrultion or croup Is nlzed byatie (Chair, a spokesperson for a growV or organization may ds allotted 10 mla- utes to Item. speak on an Persons wishing to rent part of the record. Eenee uBOn'wlilplt t—h-J appeal k based.: COMMISISONERS COUNTY COWERCOLLIER COUNTY,, COUNTY,, CHAIR - CWIIOHT, E. BROCK, By. Martha yetgara, De" Clark (SEA Apr. 9 No. 1554309 7� I?p MEMORANDUM Date: May 10, 2007 To: Tom Wides, Administrator Public Utilities From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -116 Enclosed please find copy of the document as referenced above (Agenda Item #17F), approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) (List in routing order) Office Initials Date Contact io rh t ` S (Initial) 3 2 - 2 SS 3 Agenda Date Item was e3 MA-/ 2 Agenda Item Number 2. Approved b the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document 3. Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. 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 5. Sue Filson, Executive Manager Board of County Commissioners Office and all other parties except the BCC Chairman and the Clerk to the Board 6. Minutes and Records Clerk of Court's Office The Chairman's signature line date has been entered as the date of BCC approval of the PRIMARY CONTACT INFORMATION t Me primary contact Is the holder of the original document pending BC 'C 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact io rh t ` S (Initial) 3 2 - 2 SS 3 Agenda Date Item was e3 MA-/ 2 Agenda Item Number � � Approved b the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document (ZcSOt_si Tu0t,-k Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms / Original Documents Reuling Slip W WS Original 903.04, Revised 1.26A5, Revised 224.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. �� V 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ` signature and initials are re wired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms / Original Documents Reuling Slip W WS Original 903.04, Revised 1.26A5, Revised 224.05 17' RESOLUTION NO. 2007 - .i i r,_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE WATER RESTRICTION SURCHARGE IN SCHEDULE ONE OF APPENDIX A OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, AS AMENDED, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001 -73, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, on June 6, 2006 the Board of County Commissioners adopted Ordinance No. 2006 -27, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which incorporated a revised Schedule A that increased some of the rates, fees and charges as specified therein; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non - residential property owner system users within the boundaries of the Collier County Water -Sewer District; and WHEREAS, staff has recommended amending the water restriction surcharge applicable to residential and commercial customers as specified in the attached amended Schedule One to Appendix A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, accepts staff's recommendation and hereby amends the water restriction surcharge set forth in the attached amended Schedule One to Appendix A of Ordinance No. 2006 -27, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amended water restriction surcharge will commence on the first billing cycle of the month following the imposition of certain temporary water use restrictions, and this surcharge will cease on the first billing cycle of the month following revocation or lifting of these temporary water use restrictions. This Resolution is adopted after motion, second and majority vote favoring adoption this = day of May 2007. ATTEST Dwight E. Brock, Clerk By Depdty41erk Approved as to form and legal sufficiency: By: I Om JWW.V/ Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLL14; Y, z A By: mes Coletta, Chairman Rein. t' 7 _..— C, A 5W PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE I- DISTRICT -WIDE WATER and WASTEWATER RATES Paee lof2 Water, Wastewater, Fire Meter Rates and Water Surchomes I. Water: Effective Oct. 1, 2006 Effective Oct. 1, 2007 Effective Effective (a) Service Availabliity Charge for Individually Metered Residential, Non - Residential and Irrigation: $22.26 per month $24.49 Effective Effective $287.24 per month Effective Effective Size Oct. 1, 2006 Oct. 1 2007 Size Oct. 1, 2006 Oct. 1, 2007 5/8" inch meter $14.00 per month S16.03 per month 3" inch meter $ 170.94 per month $ 195.72 per month 3/4" inch meter 14.00 per month 16.03 per month 4" inch meter 282.98 per month 324.00 per month I" inch meter 30.90 per month 35.38 per month 6" inch meter 563.08 per month 644.70 per month 1 -1/4" inch meter 39.12 per month 44.79 per month 8" inch meter 899.20 per month 1,029.53 per month 1 -1/2" inch meter 58.91 per month 67.45 per month 10" inch meter 1,627.44 per month 1,863.33 per month 2" inch meter 92.47 per month 105.88 per month 12" inch meter 2,198.07 per month 2,516.69 per month (b) Volume Charge Per 1,000 Gallons: ( i) Individually Metered Residential, Non - Residential and Multi- Family Residential: 2. Wastewater: (a) Wastewater Service Availablity Charge for Individually Metered Residential, Non - Residential, and Multi - Family: Size Effective Oct. 1, 2006 Effective Oct. 1, 2007 Effective Effective Effective Oct. 1, 2007 5/8 inch meter $22.26 per month $24.49 Oct. 1, 2006 Oct. 1, 2007 $287.24 per month $315.96 per month 314 inch meter Block 1 $1.92 $2.20 4 inch meter 476.32 per month 523.93 per month I inch Block 2 2.88 3.30 per month 6 inch meter 949.23 per month 1,044.12 per month Block 3 3.84 4.40 71.38 per month 8 inch meter 1,516.92 per month Block 4 4.80 5.50 97.93 per month 107.72 per month 10 inch meter Block 5.76 6.59 meter 154.75 per month 170.22 per month Block 7.68 8.79 let Block Rate Structure Consumption Blocks in Gallons- Up To Or Next Meter Size Block Block Block3 Block Block5 Block /8" and 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1/2" 25,000 50,0011 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,11110 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 5001000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 11000,000 1,500,000 2,5009000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,00(),000 Over 11,000,000 2. Wastewater: (a) Wastewater Service Availablity Charge for Individually Metered Residential, Non - Residential, and Multi - Family: Size Effective Oct. 1, 2006 Effective Oct. 1, 2007 Size Effective Oct. 1, 2006 Effective Oct. 1, 2007 5/8 inch meter $22.26 per month $24.49 per month 3 inch meter $287.24 per month $315.96 per month 314 inch meter 22.26 per month 24.49 per month 4 inch meter 476.32 per month 523.93 per month I inch meter 50.61 per month 55.67 per month 6 inch meter 949.23 per month 1,044.12 per month 1 -1/4 inch meter 64.90 per month 71.38 per month 8 inch meter 1,516.92 per month 1,668.55 per month 1 -1/2 inch meter 97.93 per month 107.72 per month 10 inch meter 2,719.65 per month 2,991.50 per month 2 inch meter 154.75 per month 170.22 per month 12 inch meter 4,030.95 per month 4,433.89 per month (b) Volume Charge per 1,000 gallons: (i) All Metered Usage (ii) Individually Metered Residential Maximum: Effective Effective Oct. 1, 2006 Oct. 1, 2007 $3.13 $3.44 The maximum volumetric charge for individually metered residential property shall be 15,000 gallons per month. Schedule 1 Appendix A for Resolution 2007 May.xls May 8, 2007 17F PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE I — DISTRICT -WIDE WATER and WASTEWATER RATES Page2of2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii)Fire Service meter commections that have consumption registerd for three consectutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availabiitty, and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons 4. Water Restriction Surcharge * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. 'The surcharge will be applicable to the volume charge for all non- residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge. This revised water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Schedule 1 Appendix A for Resolution 2007 May As May 8, 2007 Percent Reduction Goal Flow Charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2- Severe 30% 15% Phase 3 - Extreme 45% 30% Phase 4 - Critical 60% 40% * Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. 'The surcharge will be applicable to the volume charge for all non- residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge. This revised water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Schedule 1 Appendix A for Resolution 2007 May As May 8, 2007 W COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: other: (Display Adv., location, etc.) Normal legal Advertisement XX Date }* ��.L3Ic� ** Person: ` Originating Dept/ Div: Comm.Dev.Serv. /Planning JM� Petition No. (If none, give brief description): SE -07 -AR -11230 Petitioner: (Name & Address): Name &Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ept. of Zoning and Land Development Administration, 2800 N. Horseshoe Drive, Naples, Willie Brown, Principal Planner, D Fla. 34104 Hearing before BZA X Requested Hearing date: 5007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other E] Legally Required Proposed Text. (Include legal description & common location & Size): eats of SF-2007-AR-111230: n Resolution di Resolution No. 000-189 to correct ; Collier County, a scrivener's error in Exhibit "B ", the legal description for a project known as the Golf Club of the Everglades. Does Petition Fee include advertising cost? XX Yes If Yes, what account should be charged for advertising costs: 113-138312- 649110 Approved by: Reviewed by: pP�. ►'1'St��^^ ZIP 0'7 Divisio d 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. B. 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. C. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office D. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy k * *k * for file. + *k + * * + *k *k M• FOR CLERK'S OFFICE USE ONLY: Date of Public hearing: p/ —Date Advertised: T T Date Received: RESOLUTION NO.07 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMMING RESOLUTION NO. MW199 TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT "B ", THE LEGAL DESCRIPTION FOR A PROJECT KNOWN AS THE GOLF CLUB OF THE EVERGLADES. VaMREAS, on June 27, 2000, the Collier County Board of Zoning Appeals adopted Resolution No. 2000 -189; and WEERBAS , following said action adopting Resolution No. 2000 -189, it was determined that Exhibit ,B" to the Resolution did not contain the cotreet legal description that was otherwise . intended and made part the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that The legal description set forth in Exhibit "B" of Resolution No. 2000 -189 is hereby amended to correct a scrivener's error by UWAding Exhibit "B" to road as follows: Golf club of the Everglades Legal Description A parell Of land lying in ffie east half of 37.7§ East, Collier County, Florida, and more Section articularly described asofollows: �� The east half of Section 36, Township 4B South, Range 2; 2M East, less the northwest quarter of the northeast quarter of said section and the north half of the northwest quarter of the southeast quarter of said section. Said parcel containing 261.65 acres more or less, subject to easements, restrictions and reservations of record. BE IT FURTHER RESOLVED that this Resolution relating to Petition No. SE- 2007 -AR- 11230 be recorded in the minutes of this Board. THUS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _ day of , 2007• ATTEST: DWIGHT E. BROOK, Clerk By: Deputy Clerk LIN and legal sufficiency: County Attorney BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA By: JAMES COLBTCA, Chairman Words sW,,k-dw&gh are deleted; words underlined are added. 17 ; to 17G April 3, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: 5E- 2007 -AR- 11230, Golf Club of the Everglades Dear Legals: Please advertise the above referenced petition on Sunday, April 22, 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 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 M 1 Notice is hereby given that on Tuesday, May 8, 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. PETITION : 5E- 2007 -AR- 11230, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2000 -189 TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT "B ", THE LEGAL DESCRIPTION FOR A PROJECT KNOWN AS THE GOLF CLUB OF THE EVERGLADES. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Teresa L. Polaski To; legals @naplesnews.com Subject: SE -07 -AR -11230 Attachments: SE- 2007- AR- 1 1230.doc; SE- 2007- AR- 1 1230.doc.dot Legals, Please advertise the following on Sunday April 22, 2007. Any questions, please contact me. Thank you -,? SE- 2007 -AR- 11230. SE- 2007 -AR- 11230. doc (28 KB) doc.dot (29 K... Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 (Teresa. Polaski @clerk.col I ier.fl. us) Teresa L. Polaski From: ClerkPostmaster Sent: Tuesday, April 03, 2007 3:30 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT2498346.txt; SE -07 -AR -11230 I ATT2498346.txt (231 B) L_: I SE -07 -AR -11230 17G "If 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 SE -07 -AR -11230 Teresa L. Polaski From: Ferrell, Pam (paperrell @naplesnews.comj Sent: Tuesday, April 03, 2007 3:52 PM To: Teresa L. Polaski Subject: RE: SE -07 -AR -11230 92 From: Teresa L. Polaski [mailto: Teresa .Polaski @clerk.collier.fl.us] Posted At: Tuesday, April 03, 2007 3:30 PM Posted To: Legals Conversation: SE -07 -AR -11230 Subject: SE -07 -AR -11230 Legals, Please advertise the following on Sunday April 22, 2007. Any questions, please contact me. Thank you «SE- 2007- AR- 11230.doc>> «SE- 2007- AR- 11230.doc.dot>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa .Polaski @clerk. col Iier.fl us) Page 1 of 1 17 I Under Florida Law, e -mail addresses are public records. Ifyou no 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 Dailt Naples. FL',4102 Affidavit of Publication State of Florida County of Collier Before the undersigned then sen e as the authorits. personallc appeared Phil Lcgis. ssfio on oath says that they sen e as the Editor of the Naples Dails, a daily nescspaper published at Naples. in Collier Counts_ Florida. distributed in Collier and Lee counties oiTiorida, that the suached cups of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said nescspaper I lime in the issue on. April 22 "" 2007 Vftiant lurthcr aN, that the said Napl,s Dail} Sea, is a ne,,,paper published at SuPlc,a, It, a id Col tier Cmnty. Florida, and that the said mssspuper hu, h,rewfor, been umlinuoask publish:d in said R +lifer CountN_ I- loridat d,,trihuted n CoIlia and 1.ee ...unit,, ,I Florida, Cash dac and has h,en cmeted as saOnd ,la„ mail mallet at the Pont onica in Aeplc,.in said Collier County_ rloridn_ for a period of I scar nest preceding, the tirst publication of the attached a -pc of od,,okentene, and afliant further sacs that he ha, neither paid nor promised am persan. Grm or corporation am'discoma. "hate. aommiesion or refund Jew the purpose of securing tliie adccrttsement for pIjj1[IC,J_Uj2Il m th, said netts per. Signatt Cora tarn) Sssorn to and subscribed before me This 22nd Da} of April 2007 notan, ?ftllc) a • u COO O r COUNTY, MA, CNM2- t.. $ROCK, s 1 ?G MEMORANDUM Date: May 10, 2007 To: Willie Brown, Principal Planner Zoning and Land Development From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -117 Enclosed please find copy of the document as referenced above (Agenda Item #17G), approved by the Board of County Commissioners on Tuesday, May 8, 2007. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 U TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's simulate. draw a line through routing lines # I through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order) Office Initials Date Contact X71 •(- i • c e � Applic able �/ D % 2. Agenda Item Number Approved by the BCC 3. vt �G Type of Document 4. Number of Original 11 Attached 5. Sue Filson, Executive Manager Board of County Commissioners 1 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the 13CC 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 ,, \ ,i \v Phone Number �� 3 _ Z9 �1 ' Contact C Initial) Applic able Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC of i� c,l vt �G Type of Document (} -117 Number of Original 11 Attached 2,OD7 Documents Attached 1 INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9- 03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able 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 `' o ylyi 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 ,, II p Office and all other parties except the BCC Chairman and the Clerk to the Board N A 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 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 of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on j �- r.•I (enter date) and all changes N/A is not made during the meeting have been incorporated m the attached document. The Wp an option for County Attorney's Office has reviewed the changes, if applicable. line 6. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9- 03.04, Revised 1.26.05, Revised 2.24.05 aNY e � RESOLUTION NO. 07 117 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2000 -189 TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT "B ", THE LEGAL DESCRIPTION FOR A PROJECT KNOWN AS THE GOLF CLUB OF THE EVERGLADES. WHEREAS, on June 27, 2000, the Collier County Board of Zoning Appeals adopted Resolution No. 2000 -189; and WHEREAS, following said action adopting Resolution No. 2000 -189, it was determined that Exhibit `B" to the Resolution did not contain the correct legal description that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The legal description set forth in Exhibit `B" of Resolution No. 2000 -189 is hereby amended to correct a scrivener's error by amending Exhibit `B" to read as follows: Golf' Club of the Everglades Legal Description A parcel of land lying in the east half of Section 36, Township 48 South, Range 'q 26 East, Collier County, Florida, and more particularly described as follows: The east half of Section 36, Township 48 South, Range 27 26 East, less the northwest quarter of the northeast quarter of said section and the north half of the northwest quarter of the southeast quarter of said section. Said parcel containing 261.85 acres more or less, subject to easements, restrictions and reservations of record. BE IT FURTHER RESOLVED that this Resolution relating to Petition No. SE- 2007 -AR- 11230 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this "_ day of, 2007. ATTEST: DWIGHT E. BROCK, Clerk aa ` "'C9 t'ig311 s , puty Clerk �f�e�L dai'4 ii`t App vcJ11m,t`Ao�jn and legal sufficiency: a County Attorney BOARD OF ZONING APPEALS OF • COUNTY, •` Words stfu& thraugh are deleted; words underlined are added. ., 59100